[Pages S5904-S5919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. CANTWELL (for herself and Mr. Lugar):
S. 1603. A bill to enable transportation fuel competition, consumer
choice, and greater use of domestic energy sources in order to reduce
our Nation's dependence on foreign oil; to the Committee on Commerce,
Science, and Transportation.

[[Page S5905]]

Ms. CANTWELL. Mr. President, I rise today to introduce legislation
aimed at breaking oil's monopoly over our Nation's transportation
system. I would like to thank Senator Lugar for helping develop and
agreeing to cosponsor this important bill.
The Open Fuels Standard Act of 2011 would introduce competition among
fuels in the U.S. transportation market by ensuring that most new
vehicles in the United States will be capable of running on a range of
domestically produced alternative fuels.
By introducing competition among fuels, the Open Fuels Standard, OFS,
Act aims to bring bout significant reductions in the high prices paid
by U.S. consumers at the gas pump and in our Nation's dangerous
overdependence on foreign oil. According to the Department of Energy,
this lack of competition imposes a ``monopoly premium'' of more than
$200 billion on the economy each year--a direct transfer of U.S. wealth
to the treasuries of OPEC countries and other foreign oil producers.
Keeping this money within U.S. borders would sharply cut the U.S. trade
deficit, safeguard U.S. household income, and provide capital and
market incentive for investment in new U.S. energy infrastructure.
The Open Fuels Standard Act requires that starting in 2015, 50
percent of new vehicles manufactured or sold in the United States be
flex fuel capable--that is, able to run on non-petroleum fuels. These
fuels would include domestically-produced ethanol or methanol or other
alcohols in addition to--or instead of--petroleum-based fuels. In 2018,
80 percent of new vehicles would need to be flex-fuel capable. Adoption
of an Open Fuels Standard would spur the development and use of alcohol
fuels such as ethanol and methanol that can be made from a wide variety
of domestic energy resources including agricultural waste, energy
crops, natural gas, and even trash. By increasing the share of these
abundant domestic fuels in the U.S. market, the Open Fuels Standard Act
has the potential to eliminate major drag on the American economy,
creating new jobs, strengthening our national security, and addressing
challenging environmental concerns such as air quality and climate
change.
Today's introduction of the Open Fuels Standard Act coincides with
yesterday's launch of the United States Energy Security Council. The
new Council's purpose is to focus on reducing U.S. energy vulnerability
and enhancing national security by finding alternatives to foreign oil.
This new group's members include former Secretary of State George
Shultz, former Secretaries of Defense William Perry and Harold Brown,
as well as three former national security advisers, a former C.I.A.
director, two former senators, a Nobel laureate, a former Federal
Reserve chairman, and several Fortune-50 chief executives.
The U.S. Energy Security Council is calling for Congress to enact a
requirement such as the Open Fuels Standard to end oil's monopoly as
the lynchpin of U.S. energy security, according to a New York Times op-
ed on September 21 by council members former National Security Advisor
Robert C. McFarlane and former Director of Central Intelligence R.
James Woolsey.
The Open Fuels Standard Act will also complement and advance other
key legislation that Congress has passed in recent years with the goals
of transforming the U.S. energy system to make it more secure, more
affordable, and more environmentally sustainable. For example, the 2007
Energy Independence and Security Act included the Renewable Fuels
Standard, requiring the production of 36 billion gallons of biofuels by
2022, and raising CAFE standards, corporate average fuel economy, for
the first time in 20 years for SUVs and trucks. The Open Fuels Standard
Act, in conjunction with policies such as these that we fought hard for
in previous Congresses, will play a major role in achieving our long-
term national energy goals.
Oil has had a monopoly over transportation fuel for too long and
American drivers have had no choice but to pay volatile and elevated
prices at the pump. I am encouraged by the broad bipartisan and
stakeholder support for the Open Fuels Standard Act, and again would
like to thank Senator Lugar, which I believe is a recognition that this
approach will really help diversify our Nation's energy supply and spur
investment and job creation.
______

By Mr. PORTMAN (for himself, Mr. Pryor, and Ms. Collins):
S. 1606. A bill to reform the process by which Federal agencies
analyze and formulate new regulations and guidance documents; to the
Committee on Homeland Security and Governmental Affairs.
Mr. PRYOR. Mr. President, I have heard from many Arkansans and
businesses, particularly small businesses, which are struggling to meet
an increasing regulatory burden. Each year, Federal agencies issue more
than 3,000 final rules, many of which have significant economic impact.
In Executive Order 13563, President Obama emphasized that our
regulatory system should promote ``economic growth, innovation,
competitiveness, and job creation.'' I agree. We need a 21st-century
regulatory system that promotes future prosperity. However, there are
some rules where that goal appears to have been ignored and as a result
our economy suffers.
Experience suggests that improvements in the regulatory process are
necessary to ensure that all agencies pay close attention to the impact
their regulatory actions have on jobs and on the economy.
For example, the EPA is currently considering more stringent
regulations of dust as part of the national ambient air quality. From
county roads to farm fields, dust is an unavoidable reality in rural
areas. Imposing strict dust regulations on these communities would hurt
family farmers and rural economies across Arkansas and our Nation.
Another example comes from a county judge in Arkansas. He was rightly
concerned about a regulation stemming from the Bush administration that
would have cost municipalities and counties and States across the
country tens of millions of dollars to replace their street signs. The
burden of paying for hundreds of thousands of new signs at costs
ranging anywhere from $30 to $110 would have fallen to State and local
governments, and that means State and local taxpayers. Fortunately, as
part of the administration's review of regulations, Transportation
Secretary Ray LaHood has decided that a specific deadline for replacing
street signs makes no sense and that local and State transportation
agencies are best equipped to determine when they need to replace these
signs in the course of their daily work.
In his Executive order, President Obama remarked that the regulatory
system ``must identify and use the best, most innovative, and least
burdensome tools for achieving regulatory ends.'' Last month, Cass
Sunstein, the Administrator of the Office of Information and Regulatory
Affairs, wrote in the Wall Street Journal that Cabinet Secretaries were
instructed to minimize regulatory costs, avoid imposing excessive
regulatory burdens, and prioritize regulatory actions that promote
economic growth and job creation. I applaud the administration's new
directive.
One difference in what the administration is doing versus what we are
doing in the Portman-Pryor legislation is that the President is looking
retrospectively. He is doing a review of regulations that are on the
books now, which is good. I welcome that. But the Portman-Pryor
legislation will be prospective; it will go forward. We will talk about
that more as we go.
I think it is time that Congress reviewed several of the laws that
form the basis of our Federal regulatory system. We need to find ways
to make these laws more fair, reasonable, and effective in meeting the
dual challenges of protecting the public while making our economy
stronger and more competitive. That is why I have teamed up with
Senator Portman on this important legislation.
Done right, I believe regulatory reform can lead to better, cheaper,
and faster rulemaking. Specifically, agencies should, one, propose or
adopt regulations only when the benefits justify the costs; two, write
regulations so that they impose the least burden on society; and three,
in choosing among alternative regulatory approaches, select those that
strike the right balance between minimizing costs and maximizing
benefits.
Portman-Pryor amends the Administrative Procedures Act to place
greater

[[Page S5906]]

emphasis on early engagement between agencies and parties subject to
high-impact rules costing $1 billion or more per year and major rules
costing $100 million or more. These expensive rules are where our focus
should be. In fact, as a historical footnote, the Administrative
Procedures Act was written in 1946 and has not really been revised and
updated since that time. So now that it is 65 years old, I think it is
time to look at it and update it.
Portman-Pryor makes better use of two existing regulatory tools. It
requires an advanced notice of proposed rulemaking for high-impact and
major rules to enable agencies to solicit written data, views, or
arguments from interested parties. Second, although the Administrative
Procedures Act already allows for formal hearings, agencies rarely use
this option. Portman-Pryor requires an agency to conduct a formal
rulemaking hearing for high-impact rules and, in some cases, major
rules so that data and information can be debated on the record--here
again, on the record. We are trying to make this process more
transparent.
Portman-Pryor strikes a balance between minimizing costs and
maximizing benefits. The bill makes clear that the agencies are
encouraged to choose the least costly alternative that would achieve
the objectives of the statute authorizing the rule. However, the bill
also makes clear that the agency may choose--may choose--a more costly
rule so long as it does two things: one, explains why it has done so
based on policy concerns addressed by the statute authorizing the rule
and, two, shows that the added benefits are greater than the added
costs, which is by definition a push toward ``maximizing benefits.''
Today, the length of rulemaking varies widely from a few months to
several years. After this reform, times will still vary in about that
same amount, but the final rules should be more stable and more
credible. A principal goal of Portman-Pryor is that the bill may
shorten the rulemaking process because the final rule will be based on
more sound, thorough information and that fewer high-impact and major
rules will be vacated by courts and sent back to the agency.
Finally, the bill reinforces that agencies must assess both the costs
and benefits of their rules. However, the bill requires the
Administrator of OIRA to establish guidelines so that costs-benefit
analysis can be commensurate with the economic impact of the rule.
Regulatory reform is not an exciting subject, I know, but it is
vitally important to our Nation's economic recovery. I look forward to
working with Senator Portman on this important legislation. I also look
forward to working with other colleagues to try to get them interested
and possibly cosponsoring and helping us get this bill through the
process.
My final point is that this is a piece of legislation which not only
is bipartisan but is bicameral. We have two Members of the U.S. House
of Representatives who have announced this legislation with us today:
Lamar Smith, who is chairman of the Judiciary Committee, and Collin
Peterson, who is the ranking member on the Agriculture Committee in the
House. So it is rare when we get bipartisan, bicameral legislation
coming in this Congress.
I hope--I sincerely hope--I will have colleagues on both sides of the
aisle who will look at this legislation. I hope we will get broad
bipartisan support and we will be able to move it through the
committees and get it to the floor in a timely fashion.
______

By Mr. HARKIN (for himself, Mr. Leahy, and Mr. Inouye):
S. 1609. A bill to require the Secretary of Health and Human Services
to establish a demonstration program to award grants to, and enter into
contracts with, medical-legal partnerships to assist patients and their
families to navigate health-related programs and activities; to the
Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, today I join Senators Leahy and Inouye to
introduce the Medical-Legal Partnership for Health Act. This
legislation will reduce our Nation's health care costs and improve the
health of vulnerable patients by building upon the great work that
medical-legal partnerships are doing every day, all across the United
States.
Medical-legal partnerships bring legal aid services into medical
settings, such as hospitals and community health centers, to help
patients overcome problems that create and perpetuate poor health. In
today's difficult economy, many Americans are struggling to meet the
basic health needs of themselves and their children. This may mean
struggling to pay the high costs of medical care or prescription drugs,
or putting off an annual check-up until next year.
But some health care needs are non-medical in nature, like making
sure your home is properly heated in the winter; that it is not
infested by insects or rodents; and that it is free of domestic
violence. These needs may require more than just medical care; they may
require legal assistance.
Unfortunately, most health care providers are not equipped to deal
with the non-medical issues that lead some patients to seek medical
care repeatedly or on an ongoing basis. Despite the perception that
legal issues frequently affect their patients, a survey of physicians
at Boston Medical Center revealed that fewer than 20 percent of doctors
knew how to refer patients to legal resources. As a result, many
patients never address the root cause of their health problems, leading
to costly visits to the emergency room and lengthy hospital stays.
Medical-legal partnerships connect patients with the legal assistance
they need to address these root causes. Rather than just applying a
temporary fix to a health issue, they help patients get healthy and
stay healthy.
In the process, medical-legal partnerships generate substantial cost
savings for families and the entire health care system. One study found
a 50 percent reduction in emergency room visits following the
intervention of medical-legal partnerships, saving families hundreds of
dollars per visit. Another study showed that medical-legal partnerships
reduced the cost per pediatric asthma patient from $735 to $181 through
fewer emergency room visits, while also resulting in decreased
frequency and duration of asthma attacks following an intervention.
These cost savings not only help keep families out of potentially
crippling debt, but they also help reduce emergency room overcrowding
and decrease health care expenditures on preventable health conditions.
Unfortunately, many patients are unlikely to seek legal services on
their own. Eighty-five percent of patients who sought legal assistance
from one medical-legal partnership in California had not used legal
resources before and more than 78 percent were not previously aware of
legal services at all. By embedding legal services in health care
settings, medical-legal partnerships raise awareness of legal services
so that patients are more likely to address problems before they turn
into crises.
In an article about medical-legal partnerships last year, the Los
Angeles Times told the story of Maria Perez. Maria had a fever of 103,
her body ached and she had trouble breathing. After being told in the
emergency room that she had pneumonia, she went to a clinic in South
Los Angeles for a follow-up appointment. The doctor asked Perez about
her housing situation. Her apartment had cockroaches and mice, and rain
fell through a broken window and filled the walls with mold. The doctor
wrote prescriptions to treat the pneumonia and an asthma flare-up and
then sent her down the hall to talk to a lawyer.
After the attorney contacted both the landlord and the Los Angeles
Housing Department, Maria's living conditions improved, and so did her
health. She told the Times: ``The medicine wasn't what cured me. It was
[my lawyer] and what he did.''
Medical-legal partnerships also offer a critical lifeline to victims
of domestic violence. In my home state of Iowa, a young woman named
Brenda sought help to escape an abusive marriage. Her husband was a
gang member and threatened to kill her or have members of his gang kill
her. One night, while attempting to flee an attack, Brenda's husband
pulled her back into the house and beat and choked her until she lost
consciousness. When Brenda sought medical care the next day, her care
providers referred her to Iowa Legal Aid's Health and Law Project for
help.

[[Page S5907]]

Iowa Legal Aid helped Brenda obtain a protective order, which included
custody of the couple's daughter. Iowa Legal Aid is currently helping
Brenda with a divorce so that she and her daughter will have protection
and long-term autonomy from her abuser; thereby reducing the need for
ongoing health care.
The success of these programs is catching on. The first medical-legal
partnership was created nearly two decades ago at Boston Medical
Center. By 2009, there were 60 such partnerships across the country.
Today there are 90 medical-legal partnerships working with more than
240 health services providers.
Medical-legal partnerships have attracted the attention of corporate
America, too. In July, Walmart became the first corporation to take a
lead role in a medical-legal partnership, and I commend them for
recognizing the valuable role these programs can play in our
communities.
After graduating from law school, I served as a Legal Services
attorney in Iowa. I learned first-hand how crucial this assistance is
to struggling families and individuals who have no place else to turn
when they are taken advantage of or abused. I know the invaluable legal
help provided to battered women trying to leave abusive relationships
while fearing for their safety and the safety of their children. I know
that, without access to the legal system, the poor are often powerless
against the injustices they suffer.
I am particularly proud of the success of a medical-legal partnership
in my home state of Iowa. The Iowa Legal Aid Health and Law Project
harnesses the talents of Iowa physicians and attorneys to improve the
lives of vulnerable Iowans. By partnering with 17 hospitals and health
centers across my state, the Iowa Legal Aid Health and Law Project is
able to extend services from Sioux City to Dubuque, and from Council
Bluffs to Fort Dodge. In 2009, the program served 880 Iowans, and 94
percent of their cases had a positive outcome. The Iowa Legal Aid
Health and Law Project does a remarkable job. They are just one example
of the great work going on across the country.
You may be surprised to learn that when it comes to medical-legal
partnerships, a little money can go a long way. Iowa's program was
started with a federal investment of less than $300,000. The program
prevents hospital admissions and emergency room visits that cost
hospitals and patients many thousands of dollars in health care costs
and insurance premiums. A modest investment in these community programs
can help people achieve healthier, safer lives and prevent future
hospitalizations and health care costs. That sounds like common sense
to me. And that's why, today, I am proud to introduce the Medical-Legal
Partnership for Health Act: to give health care providers and lawyers
across the country the opportunity to start such programs.
The Act creates a federal demonstration program to help create,
strengthen, and evaluate medical-legal partnerships. Overall, this
legislation will support 60 partnership sites in community health
centers, the Veterans Administration, hospitals, and other health care
settings.
I was proud to have the support of former Senator Kit Bond of
Missouri when I introduced this legislation during the previous
Congress. I know there are many Americans who think that the two
political parties in Washington can't agree on anything these days, but
this is an issue that has attracted bipartisan support in the past and
it is my strong hope that it will do so again. In the spirit of
compromise and bipartisanship, I have taken contentious issues off the
table: the bill excludes federal money from being used toward class
action law suits, medical malpractice cases, representation of
undocumented individuals, and abortion or abortion-counseling services.
Medical-legal partnerships also have broad support from prominent
organizations representing physicians and attorneys. They've received
the endorsement of the American Medical Association, the American Bar
Association, the American Academy of Pediatrics, the American Hospital
Association, and the Accreditation Council of Graduate Medical
Education, to name just a few.
Through this community-based, common-sense investment, we will be
able to help some of our most vulnerable citizens avoid illness and
hospitalization, while reducing costs across the entire health care
system.
I urge my colleagues to join me in supporting this investment in
medical-legal partnerships.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1609

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Medical-Legal Partnership
for Health Act''.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings.--Congress finds the following:
(1) Numerous studies and reports, including the annual
National Healthcare Disparities Report and Unequal Treatment,
the 2002 Institute of Medicine Report, document the
extensiveness to which vulnerable populations suffer from
health disparities across the country.
(2) These studies have found that, on average, racial and
ethnic minorities and low-income populations are
disproportionately afflicted with chronic and acute
conditions such as asthma, cancer, diabetes, and hypertension
and suffer worse health outcomes, worse health status, and
higher mortality rates.
(3) Several recent studies also show that health and
healthcare quality are a function of not only access to
healthcare, but also the social determinants of health,
including the environment, the physical structure of
communities, socio-economic status, nutrition, educational
attainment, employment, race, ethnicity, geography, and
language preference, that directly and indirectly affect the
health, healthcare, and wellness of individuals and
communities.
(4) Formally integrating medical and legal professionals in
the health setting can more effectively address the health
needs of vulnerable populations and ultimately reduce health
disparities.
(5) All over the United States, healthcare providers who
take care of low-income individuals and families are
partnering with legal professionals to assist them in
providing better quality of healthcare.
(6) Medical-legal partnerships integrate lawyers in a
health setting to help patients navigate the complex
government, legal, and service systems in addressing social
determinants of health, such as income supports for food
insecure families and mold removal from the home of
asthmatics.
(b) Purposes.--The purposes of this Act are to--
(1) support and advance opportunity for medical-legal
partnerships to be more fully integrated in healthcare
settings nationwide;
(2) to improve the quality of care for vulnerable
populations by reducing health disparities among health
disparities populations and addressing the social
determinants of health; and
(3) identify and develop cost-effective strategies that
will improve patient outcomes and realize savings for
healthcare systems.

SEC. 3. MEDICAL-LEGAL PARTNERSHIPS.

(a) In General.--The Secretary of Health and Human Services
shall establish a nationwide demonstration project consisting
of--
(1) awarding grants to, and entering into contracts with,
medical-legal partnerships to assist patients and their
families to navigate programs and activities; and
(2) evaluating the effectiveness of such partnerships.
(b) Technical Assistance.--The Secretary may, directly or
through grants or contracts, provide technical assistance to
grantees under subsection (a)(1) to support the establishment
and sustainability of medical-legal partnerships. Not to
exceed 5 percent of the amount appropriated to carry out this
section in a fiscal year may be used for purposes of this
subsection.
(c) Funding.--
(1) Use of funds.--Amounts received as a grant or pursuant
to a contract under this section shall be used to assist
patients and their families to navigate health-related
programs and activities for purposes of achieving one or more
of the following goals:
(A) Enhancing access to healthcare services.
(B) Improving health outcomes for low-income individuals,
as defined in subsection (g).
(C) Reducing health disparities among health disparities
populations.
(D) Enhancing wellness and prevention of chronic conditions
and other health problems.
(E) Reducing cost of care to the healthcare system.
(F) Addressing the social determinants of health.
(G) Addressing situational contributing factors.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary, but not to exceed $10,000,000, for each of the
fiscal years 2012 through 2016.
(3) Matching requirement.--For each fiscal year, the
Secretary may not award a

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grant or contract under this section to a entity unless the
entity agrees to make available non-Federal contributions
(which may include in-kind contributions) toward the costs of
a grant or contract awarded under this section in an amount
that is not less than $1 for each $10 of Federal funds
provided under the grant or contract.
(4) Allocation.--Of the amounts appropriated pursuant to
paragraph (2) for a fiscal year, the Secretary may obligate
not more than 5 percent for the administrative expenses of
the Secretary in carrying out this section.
(d) Eligible Entities.--To be eligible to receive a grant
or contract under this section, an entity shall--
(1) be an organization experienced in bridging the medical
and legal professions on behalf of vulnerable populations
nationally; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, including information demonstrating that the
applicant has experience in bridging the medical and legal
professions or a strategy or plan for cultivating and
building medical-legal partnerships.
(e) Prohibitions.--No funds under this section may be
used--
(1) for any medical malpractice action or proceeding;
(2) to provide any support to an alien who is not--
(A) a qualified alien (as defined in section 431 of the
Immigration and Nationality Act);
(B) a nonimmigrant under the Immigration and Nationality
Act; or
(C) an alien who is paroled into the United States under
section 212(d)(5) of such Act for less than one year;
(3) to provide legal assistance with respect to any
proceeding or litigation which seeks to procure an abortion
or to compel any individual or institution to perform an
abortion, or assist in the performance of an abortion; or
(4) to initiate or participate in a class action lawsuit.
(f) Reports.--
(1) Final report by secretary.--Not later than 6 months
after the date of the completion of the demonstration program
under this section, the Secretary shall conduct a study of
the results of the program and submit to the Congress a
report on such results that includes the following:
(A) An evaluation of the program outcomes, including--
(i) a description of the extent to which medical-legal
partnerships funded through this section achieved the goals
described in subsection (b);
(ii) quantitative and qualitative analysis of baseline and
benchmark measures; and
(iii) aggregate information about the individuals served
and program activities.
(B) Recommendations on whether the programs funded under
this section could be used to improve patient outcomes in
other public health areas.
(2) Interim reports by secretary.--The Secretary may
provide interim reports to the Congress on the demonstration
program under this section at such intervals as the Secretary
determines to be appropriate.
(3) Reports by grantees.--The Secretary may require each
recipient of a grant under this section to submit interim and
final reports on the programs carried out by such recipient
with such grant.
(g) Definitions.--In this section:
(1) The term ``health disparities populations'' has the
meaning given such term in section 485E(d) of the Public
Health Service Act.
(2) The term ``low-income individuals'' refers to the
population of individuals and families who earn up to 200
percent of the Federal poverty level.
(3) The term ``medical-legal partnership'' means an
entity--
(A) that is a partnership between--
(i) a community health center, public hospital, children's
hospital, or other provider of healthcare services to a
significant number of low-income beneficiaries; and
(ii) one or more legal professionals; and
(B) whose primary mission is to assist patients and their
families navigate health-related programs, activities, and
services through the provision of relevant civil legal
assistance on-site in the healthcare setting involved, in
conjunction with regular training for healthcare staff and
providers regarding the connections between legal
interventions, social determinants, and health of low-income
individuals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
______

By Mrs. FEINSTEIN (for herself, Mr. Grassley, Mr. Schumer, Mr.
Blumenthal, Mr. Casey, Mr. Udall of New Mexico, and Mr. Wyden):
S. 1612. A bill to provide the Department of Justice with additional
tools to target extraterritorial drug trafficking activity; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise to introduce the Targeting
Transnational Drug Trafficking Act of 2011 with my colleagues and
friends, Senator Charles Grassley, Senator Charles Schumer, Senator
Richard Blumenthal, Senator Tom Udall, Senator Robert Casey and Senator
Ron Wyden.
This bill will support the Obama Administration's recently released
Strategy to Combat Transnational Organized Crime by providing the
Department of Justice with crucial tools to help combat the
international drug trade. As drug traffickers find new and innovative
ways to avoid prosecution, we must keep up with them rather than
allowing our laws to lag behind.
This legislation has three main components. First, it puts in place
penalties for extraterritorial drug trafficking activity when
individuals have reasonable cause to believe that illegal drugs will be
trafficked into the United States. Current law says that drug
traffickers must know that illegal drugs will be trafficked into the
United States and this legislation would lower the knowledge threshold
to reasonable cause to believe.
The Department of Justice has informed my office that with increasing
frequency, it sees drug traffickers from Colombia, Ecuador and Peru who
produce cocaine in their countries but leave transit of cocaine to the
United States in the hands of Mexican drug trafficking organizations
such as the Zetas. Under current law, our ability to prosecute source-
nation traffickers from Colombia, Ecuador and Peru is limited since
there is often no direct evidence of their knowledge that illegal drugs
were intended for the United States.
Second, this bill ensures that current penalties apply to precursor
chemical producers from other countries. This includes those producing
pseudoephedrine used for methamphetamine who illegally ship precursor
chemicals into the United States knowing that these chemicals will be
used to make illegal drugs.
Third, this bill will expand conspiracy liability when controlled
substances are destined to the United States from a foreign country.
This means that members of any conspiracy to distribute controlled
substances will be subject to U.S. jurisdiction when at least one
member of the conspiracy intends or knows that illegal drugs will be
unlawfully imported into the United States.
As Chairman of the Senate Caucus on International Narcotics Control
and as a public servant who has focused on law enforcement issues for
many years, I know that we cannot sit idly by as drug traffickers find
new ways to circumvent our laws. We must provide the Department of
Justice with all of the tools it needs to prosecute drug kingpins both
here at home and abroad.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1612

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Targeting Transnational Drug
Trafficking Act of 2011''.

SEC. 2. POSSESSION, MANUFACTURE OR DISTRIBUTION FOR PURPOSES
OF UNLAWFUL IMPORTATIONS.

(a) Possession, Manufacture or Distribution for Purposes of
Unlawful Importations.--Section 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 959) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) in subsection (a), by striking ``It shall'' and all
that follows and inserting the following: ``It shall be
unlawful for any person to manufacture or distribute a
controlled substance in schedule I or II or flunitrazepam
intending, knowing, or having reasonable cause to believe
that such substance will be unlawfully imported into the
United States or into waters within a distance of 12 miles of
the coast of the United States.
``(b) It shall be unlawful for any person to manufacture or
distribute a listed chemical--
``(1) intending or knowing that the listed chemical will be
used to manufacture a controlled substance; and
``(2) intending, knowing, or having reasonable cause to
believe that the controlled substance will be unlawfully
imported into the United States.''.
(b) Attempt and Conspiracy.--Section 1013 of the Controlled
Substances Import and Export Act (21 U.S.C. 963) is amended
by adding at the end the following: ``For a conspiracy to
commit such an offense that requires the person to intend,
know, or have reasonable cause to believe that a controlled
substance will be unlawfully imported into

[[Page S5909]]

the United States, it is sufficient to prove a conspiracy to
commit the offense that only 1 member of the conspiracy
intended, knew, or had reasonable cause to believe that the
controlled substance would be unlawfully imported into the
United States.''.
______

By Mr. REED (for himself and Mrs. Hutchison):
S. 1613. A bill to improve and enhance research and programs on
childhood cancer survivorship, and for other purposes; to the Committee
on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, I am pleased to be joined today by Senator
Hutchison in the introduction of the Pediatric, Adolescent, and Young
Adult Cancer Survivorship Research and Quality of Life Act of 2011.
The population of survivors of childhood cancer has grown
exponentially over the years. In 1960, only 4 percent of children with
cancer survived more than 5 years. Today, nearly 80 percent of children
with cancer survive more than five years. While this is heartening
news, as a result of their cancer and treatment, many of these children
unfortunately have health complications, often life-threatening, for
years to come. Indeed, after beating cancer, as many as \2/3\ of these
children suffer from late effects of their disease or treatment,
including second cancers and heart and lung damage. There are also
serious psychosocial impacts that these survivors face.
With so many facing the risk of these late effects, it is critical
that resources are made available to help these survivors, especially
those in underserved communities. Our legislation would enhance
research on the late effects of childhood cancers and improve
collaboration among providers so that doctors are better able to care
for this population as they age. It would also establish a new pilot
program to begin to explore models of care for childhood cancer
survivors. Creating standard protocols and procedures will help
providers, patients, and families know what to expect after beating
cancer, including when to get certain check-ups and tests that guard
against late effects.
This bill is part of a continuing effort to focus greater attention
on childhood cancers. In 2008, I worked on a bipartisan basis to enact,
the Caroline Pryce Walker Conquer Childhood Cancer Act. This law has
increased support for research on childhood cancers and improved
treatment for patients. But we must not stop there.
The legislation Senator Hutchison and I are introducing today to
address the late effects of childhood cancer, will do more to help
childhood cancer patients. I look forward to working with my colleagues
to pass this legislation and help ensure that children who survive
cancer live a long and healthy life.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1613

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Pediatric, Adolescent, and
Young Adult Cancer Survivorship Research and Quality of Life
Act of 2011''.

SEC. 2. FINDINGS.

Congress finds as follows:
(1) An estimated 12,400 children and adolescents under age
20 are diagnosed with cancer each year.
(2) In 1960, only 4 percent of children with cancer
survived more than 5 years, but by 2011, cure rates have
increased to 78 percent for children and adolescents under
age 20.
(3) The population of survivors of childhood cancers has
grown dramatically, to more than 300,000 individuals of all
ages as of 2007.
(4) As many as \2/3\ of childhood cancer survivors are
likely to experience at least one late effect of treatment,
with as many as \1/4\ experiencing a late effect that is
serious or life-threatening. The most common late effects of
childhood cancer are neurocognitive, psychological,
cardiopulmonary, endocrine, and musculoskeletal effects and
secondary malignancies.
(5) The late effects of cancer treatment may change as
treatments evolve, which means that the monitoring and
treatment of cancer survivors may need to be modified on a
routine basis.
(6) The Institute of Medicine, in its reports on cancer
survivorship entitled ``Childhood Cancer Survivorship:
Improving Care and Quality of Life'', states that an
organized system of care and a method of care for pediatric
cancer survivors is needed.

SEC. 3. CANCER SURVIVORSHIP PROGRAMS.

(a) Cancer Survivorship Programs.--Subpart 1 of part C of
title IV of the Public Health Service Act (42 U.S.C. 285 et
seq.) is amended by adding at the end the following:

``SEC. 417G. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE
FOR PEDIATRIC CANCER SURVIVORS.

``(a) In General.--The Secretary may make grants to
eligible entities to establish pilot programs to develop,
study, or evaluate model systems for monitoring and caring
for childhood cancer survivors.
``(b) Eligible Entities.--In this section, the term
`eligible entity' means--
``(1) a medical school;
``(2) a children's hospital;
``(3) a cancer center; or
``(4) any other entity with significant experience and
expertise in treating survivors of childhood cancers.
``(c) Use of Funds.--The Secretary may make a grant under
this section to an eligible entity only if the entity
agrees--
``(1) to use the grant to establish a pilot program to
develop, study, or evaluate one or more model systems for
monitoring and caring for cancer survivors; and
``(2) in developing, studying, and evaluating such systems,
to give special emphasis to--
``(A) the design of protocols for different models of
follow-up care, monitoring, and other survivorship programs
(including peer support and mentoring programs);
``(B) the development of various models for providing
multidisciplinary care;
``(C) the dissemination of information and the provision of
training to health care providers about how to provide
linguistically and culturally competent follow-up care and
monitoring to cancer survivors and their families;
``(D) the development of support programs to improve the
quality of life of cancer survivors;
``(E) the design of systems for the effective transfer of
treatment information and care summaries from cancer care
providers to other health care providers (including risk
factors and a plan for recommended follow-up care);
``(F) the dissemination of the information and programs
described in subparagraphs (A) through (E) to other health
care providers (including primary care physicians and
internists) to cancer survivors and their families, where
appropriate; and
``(G) the development of initiatives that promote the
coordination and effective transition of care between cancer
care providers, primary care physicians, and mental health
professionals.
``(d) Funding.--For each of fiscal years 2013 through 2017,
the Secretary may transfer out of funds otherwise
appropriated to the Department of Health and Human Services
for a fiscal year the amount necessary to carry out this
section.

``SEC. 417G-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL
AND PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER
SURVIVORS.

``(a) In General.--Not later than 1 year after the date of
enactment of the Pediatric, Adolescent, and Young Adult
Cancer Survivorship Research and Quality of Life Act of 2011,
the Secretary may convene a Workforce Development
Collaborative on Medical and Psychosocial Care for Pediatric
Cancer Survivors (referred to in this paragraph as the
`Collaborative'). The Collaborative shall be a cross-
specialty, multidisciplinary group composed of educators,
consumer and family advocates, and providers of psychosocial
and biomedical health services.
``(b) Goals and Reports.--The Collaborative shall submit to
the Secretary a report establishing a plan to meet the
following objectives for medical and psychosocial care
workforce development:
``(1) Identifying, refining, and broadly disseminating to
healthcare educators information about workforce
competencies, models, and preservices curricula relevant to
providing medical and psychosocial services to individuals
with pediatric cancers.
``(2) Adapting curricula for continuing education of the
existing workforce using efficient workplace-based learning
approaches.
``(3) Developing the skills of faculty and other trainers
in teaching psychosocial health care using evidence-based
teaching strategies.
``(4) Strengthening the emphasis on psychosocial healthcare
in educational accreditation standards and professional
licensing and certification exams by recommending revisions
to the relevant oversight organizations.
``(5) Evaluating the effectiveness of patient navigators in
pediatric cancer survivorship care.
``(6) Evaluating the effectiveness of peer support programs
in the psychosocial care of pediatric cancer patients and
survivors.
``(c) Funding.--For each of fiscal years 2013 through 2017,
the Secretary may transfer out of funds otherwise
appropriated to the Department of Health and Human Services
for a fiscal year the amount necessary to carry out this
section.''.
(b) Technical Amendment.--
(1) In general.--Section 3 of the Hematological Cancer
Research Investment and Education Act of 2002 (Public Law
107-172; 116 Stat. 541) is amended by striking ``section
419C'' and inserting ``section 417C''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 3 of the
Hematological Cancer Research Investment and Education Act of
2002 (Public Law 107-172; 116 Stat. 541).

[[Page S5910]]

SEC. 4. GRANTS TO IMPROVE CARE FOR PEDIATRIC CANCER
SURVIVORS.

Section 417E of the Public Health Service Act (42 U.S.C.
285a-11) is amended--
(1) in the heading, by striking ``RESEARCH AND AWARENESS''
and inserting ``RESEARCH, AWARENESS, AND SURVIVORSHIP'';
(2) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph (4); and
(B) by inserting after paragraph (1) the following:
``(2) Research on causes of health disparities in pediatric
cancer survivorship.--
``(A) Grants.--The Director of NIH, acting through the
Director of the Institute, in coordination with ongoing
research activities, may make grants to entities to conduct
research relating to--
``(i) needs and outcomes of pediatric cancer survivors
within minority or other medically underserved populations;
``(ii) health disparities in pediatric cancer survivorship
outcomes within minority or other medically underserved
populations;
``(iii) barriers that pediatric cancer survivors within
minority or other medically underserved populations face in
receiving follow-up care; and
``(iv) familial, socioeconomic, and other environmental
factors and the impact of such factors on treatment outcomes
and survivorship.
``(B) Balanced approach.--In making grants for research
under subparagraph (A)(i) on pediatric cancer survivors
within minority or other medically underserved populations,
the Director of NIH shall ensure that such research addresses
both the physical and the psychological needs of such
survivors.
``(3) Research on late effects and follow-up care for
pediatric cancer survivors.--The Director of NIH, in
coordination with ongoing research activities, shall conduct
or support research on follow-up care for pediatric cancer
survivors, with special emphasis given to--
``(A) the development of indicators used for long-term
patient tracking and analysis of the late effects of cancer
treatment for pediatric cancer survivors;
``(B) the identification of risk factors associated with
the late effects of cancer treatment;
``(C) the identification of predictors of neurocognitive
and psychosocial outcomes;
``(D) initiatives to protect cancer survivors from the late
effects of cancer treatment;
``(E) transitions in care for pediatric cancer survivors;
``(F) training of professionals to provide linguistically
and culturally competent follow-up care to pediatric cancer
survivors; and
``(G) different models of follow-up care.''; and
(3) in subsection (d), by striking ``2013'' and inserting
``2017''.
______

By Mr. MENENDEZ (for himself and Mr. Enzi):
S. 1616. A bill to amend the Internal Revenue Code of 1986 to exempt
certain stock of real estate investment trusts from the tax on foreign
investments in United States real property interests, and for other
purposes; to the Committee on Finance.
Mr. MENENDEZ. Mr. President, I rise to introduce a critical bill for
our economic recovery. As communities across the country continue to
recover from the economic downturn and devastating falling property
values, commercial real estate properties throughout the nation are
confronting a severe equity crisis. Just as the crash in the
residential real estate market triggered the most severe economic
recession in generations, the looming crisis in the commercial real
estate market, if left unchecked, could prove to be devastating for our
fragile economic recovery.
Studies have shown that more than $1 trillion of commercial real
estate loans will be maturing in just the next few years. In fact, by
2018 more than $2.4 trillion dollars of loans held by insurance
companies, thrifts, banks, and in commercial mortgage-backed securities
will mature. Just as we saw with home mortgages, if these borrowers
can't secure other funding options when these payments come due,
commercial properties across the country will go into foreclosure,
leaving communities with even more vacant storefronts, less jobs, lower
tax revenues, and a deeper economic hole to dig themselves out of.
Simply put, the commercial real estate industry has an equity problem
too large for domestic investment alone to solve.
Unfortunately, certain tax rules--most of which were drafted 30 years
ago, before the current crisis could be foreseen--impose significant
penalties on foreign investments in domestic real estate that do not
exist on other types of U.S. investments such as corporate stocks and
bonds. As a result, overseas investors are discouraged from investing
in U.S. real estate at a time when their capital is sorely needed.
These rules, created by the Foreign Investment in Real Property Tax
Act, or FIRPTA as it is come to be known, freeze out foreign investment
in our real estate markets by imposing an arbitrary withholding tax on
the gains realized by overseas capital invested in domestic properties.
Not only is this different treatment questionable as a policy, it is
damaging to the economy. At no point have these rules been more
damaging to the economy than today. They continue to keep capital out
of the U.S. at a time when commercial real estate in all of our
communities desperately needs the equity investment.
If these rules are not reformed, it is a real possibility that
hundreds of billions of dollars in debt would go into default,
triggering massive foreclosures, significant decreases in property
values and a severe constriction of capital available for U.S.
consumers and businesses--absolutely the last thing this economy needs
right now.
That is why today, Senator Enzi and I are introducing bipartisan,
bicameral legislation that would implement efficient and meaningful
reform of these tax rules to encourage more equity investment in U.S.
real estate.
These reforms would help save communities all across America from the
drag of a wave of commercial real estate foreclosures, help to restart
the credit markets, and free up capital to create jobs and economic
opportunities for families in every region of the country.
These provisions are modest but effective.
We are not tackling the bigger question of whether or not the
existing FIRPTA rules are effective in a 21st century economy. This
legislation simply creates targeted opportunities for investment in
American real estate while preserving the underlying foreign ownership
limits imposed by these tax rules.
We may not agree on a whole lot these days, but today we offer a
bipartisan, bicameral solution to help the U.S. economy. I hope all of
my colleagues can take the time to look at this bill, understand the
positive effects it will have for every State, and we can get this done
for the American people.
______

By Mr. REED (for himself, Mr. Johanns, Mrs. Boxer, Mr. Merkley,
and Mr. Franken):
S. 1617. A bill to establish the Council on Healthy Housing and for
other purposes; to the Committee on Banking, Housing, and Urban
Affairs.
Mr. REED. Mr. President, I introduce with my colleague Senator
Johanns, the Healthy Housing Council Act. I thank Senators Boxer,
Merkley, and Franken for joining us as original cosponsors of this
bill.
Many factors impact health and wellness. Typically, doctors and other
health professionals are able to counsel patients on the importance of
exercise and healthy eating, for example, to prevent diseases and
conditions. Too frequently, however, these providers overlook the
possibility of housing-related health hazards that patients knowingly
or unknowingly come into contact with, which can also cause a variety
of preventable diseases and conditions like cancer, lead poisoning, and
asthma.
While there are many programs in place to address these hazards,
these programs are fragmented and spread across many agencies. Our
legislation, the Healthy Housing Council Act, would establish an
independent interagency Council on Healthy Housing in the executive
branch in order to improve the coordination of existing but fragmented
programs, bringing these various efforts out of their respective silos
and reducing duplication to improve the efficiency and efficacy of
these efforts.
Through periodic meetings, Federal, State, and local government
representatives, along with industry and nonprofit representatives will
meet to discuss ways to educate individuals and families on how to
recognize housing-related health hazards and access the necessary
services and preventive measures to combat these hazards. This
collaboration is particularly critical as every member of the council

[[Page S5911]]

will bring a different perspective to the table on how to review,
monitor, and evaluate existing housing, health, energy, and
environmental programs and work together to collectively improve these
programs for the future. Then, in order to ensure that members of the
public are informed of and benefit from the council's activities, the
council would hold biannual stakeholder meetings, maintain an updated
website, and work to unify healthy housing data collection and
maintenance.
It is our goal for this council to help reduce the more than 5.7
million households living in conditions with moderate or severe health
hazards, 23 million additional homes with lead-based paint hazards,
14,000 unintentional injury and fire deaths every year that result from
housing-related hazards, and 21,000 radon-associated lung cancer deaths
every year. Indeed, the council will help us embark on a path to assure
that affordable and decent homes are also healthy.
This council could also be critical in helping to curb overall health
care expenditures. For example, the annual cost of environmentally
attributable childhood diseases, including cancer, lead poisoning, and
cancer was $76 billion in 2008 dollars, 3.5 percent of total health
costs. Low-income and minority individuals and families who are
disproportionately affected by housing-related health hazards are the
same individuals and families who are typically enrolled in Medicaid or
forgo insurance altogether, which costs Federal and States governments.
Helping to improve housing conditions can help prevent an estimated
250,000 children under the age of 6 from having elevated blood levels
each year, nearly 10,000 emergency department visits for carbon
monoxide exposure, and 12.3 million asthma attacks. Keeping children
out of the doctor's office and emergency rooms will save families and
the government money.
As Congress continues to explore methods to reduce spending and reign
in our deficit and improve the health of individuals, children, and
families, promoting low-cost measures to eliminate subpar housing can
make a dramatic and meaningful difference, and I urge my colleagues to
join me and Senators Johanns, Boxer, Merkley, and Franken in supporting
this bipartisan bill and other healthy housing efforts.
Mr. President I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1617

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Healthy Housing Council Act
of 2011''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) In the United States--
(A) 5,757,000 households live in homes with moderate or
severe physical hazards;
(B) 23,000,000 homes have significant lead-based paint
hazards;
(C) 6,000,000 homes have had signs of mice in the last 3
months; and
(D) 1 in 15 homes have dangerous levels of radon.
(2) Residents of housing that is poorly designed,
constructed, or maintained are at risk for cancer, carbon
monoxide poisoning, burns, falls, rodent bites, childhood
lead poisoning, asthma, and other illnesses and injuries.
Vulnerable subpopulations, such as children and the elderly,
are at elevated risk for housing-related illnesses and
injuries.
(3) Because substandard housing typically poses the
greatest risks, the disparities in the distribution of
housing-related health hazards are striking. One million two
hundred thousand housing units with significant lead-based
paint hazards house low-income families with children under 6
years of age.
(4) Housing-related illnesses, including asthma and lead
poisoning, disproportionately affect children from lower-
income families and from specific racial and ethnic groups.
The prevalence of being diagnosed with asthma in a lifetime
is 24 percent among Puerto Rican children, 10.1 percent for
Mexican-American children, 12.4 percent for non-Hispanic
White children, and 21.8 percent for non-Hispanic Black
children. Black children are twice as likely to die from
residential injuries as White children, and 3 percent of
Black children and 2 percent of Mexican-American children
have elevated blood lead levels, as compared to only 1.3
percent of White children.
(5) The annual costs for environmentally attributable
childhood diseases in the United States, including lead
poisoning, asthma, and cancer, total $76,000,000,000 in 2008
dollars. This amount is approximately 3.5 percent of total
health care costs.
(6) Appropriate housing design, construction, and
maintenance, timely correction of deficiencies, planning
efforts, and low-cost preventive measures can reduce the
incidence of serious injury or death, improve the ability of
residents to survive in the event of a major catastrophe, and
contribute to overall well-being and mental health. Lead
hazard control in homes with lead-based paint hazards can
reduce children's blood lead levels by as much as 34 percent.
Properly installed and maintained smoke alarms reduce the
risk of fire deaths by 50 percent.
(7) Providing healthy housing to families and individuals
in the United States will help prevent an estimated 250,000
children from having elevated blood lead levels, 18,000
injury deaths, 12,000,000 nonfatal injuries, 3,000 deaths in
house fires, 9,600 emergency department visits for carbon
monoxide exposure, and 21,000 radon-associated lung cancer
deaths that occur in United States housing each year, as well
as 12,300,000 asthma attacks, and 14,000,000 missed school
days.
(8) While there are many programs in place to address
housing-related health hazards, these programs are fragmented
and spread across many agencies, making it difficult for at-
risk families and individuals to access assistance or to
receive comprehensive information.
(9) Better coordination among Federal agencies is needed,
as is better coordination at State and local levels, to
ensure that families and individuals can access government
programs and services in an effective and efficient manner.

SEC. 3. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Council.--The term ``Council'' means the Interagency
Council on Healthy Housing established under section 4.
(2) Healthy housing.--The term ``healthy housing'' means
housing that is designed, constructed, rehabilitated, and
maintained in a manner that supports the health of the
occupants of such housing.
(3) Housing.--The term ``housing'' means any form of
residence, including rental housing, homeownership, group
home, or supportive housing arrangement.
(4) Housing-related health hazard.--The term ``housing-
related health hazard'' means any biological, physical, or
chemical source of exposure or condition either in, or
immediately adjacent to, housing, that can adversely affect
human health.
(5) Low-income families and individuals.--The term ``low-
income families and individuals'' means any household or
individual with an income at or below 200 percent of the
Federal poverty line.
(6) Poverty line.--The term ``poverty line'' means the
official poverty line defined by the Office of Management and
Budget based on the most recent data available from the
Bureau of the Census.
(7) Program.--The term ``program'' includes any Federal,
State, or local program providing housing or financial
assistance, health care, mortgages, bond and tax financing,
homebuyer support courses, financial education, mortgage
insurance or loan guarantees, housing counseling, supportive
services, energy assistance, or other assistance related to
healthy housing.
(8) Service.--The term ``service'' includes public and
environmental health services, housing services, energy
efficiency services, human services, and any other services
needed to ensure that families and individuals in the United
States have access to healthy housing.

SEC. 4. INTERAGENCY COUNCIL ON HEALTHY HOUSING.

(a) Establishment.--There is established in the executive
branch an independent council to be known as the Interagency
Council on Healthy Housing.
(b) Objectives.--The objectives of the Council are as
follows:
(1) To promote the supply of and demand for healthy housing
in the United States through capacity building, technical
assistance, education, and public policy.
(2) To promote coordination and collaboration among the
Federal departments and agencies involved with housing,
public health, energy efficiency, emergency preparedness and
response, and the environment to improve services for
families and individuals residing in inadequate or unsafe
housing and to make recommendations about needed changes in
programs and services with an emphasis on--
(A) maximizing the impact of existing programs and services
by transitioning the focus of such programs and services from
categorical approaches to comprehensive approaches that
consider and address multiple housing-related health hazards;
(B) reducing or eliminating areas of overlap and
duplication in the provision and accessibility of such
programs and services;
(C) ensuring that resources, including assistance with
capacity building, are targeted to and sufficient to meet the
needs of high-risk communities, families, and individuals;
and
(D) facilitating access by families and individuals to
programs and services that help reduce health hazards in
housing.
(3) To identify knowledge gaps, research needs, and policy
and program deficiencies associated with inadequate housing
conditions and housing-related illnesses and injuries.
(4) To help identify best practices for achieving and
sustaining healthy housing.

[[Page S5912]]

(5) To help improve the quality of existing and newly
constructed housing and related programs and services,
including those programs and services which serve low-income
families and individuals.
(6) To establish an ongoing system of coordination among
and within such agencies or organizations so that the healthy
housing needs of families and individuals are met in a more
effective and efficient manner.
(c) Membership.--The Council shall be composed of the
following members:
(1) The Secretary of Health and Human Services.
(2) The Secretary of Housing and Urban Development.
(3) The Administrator of the Environmental Protection
Agency.
(4) The Secretary of Energy.
(5) The Secretary of Labor.
(6) The Secretary of Veterans Affairs.
(7) The Secretary of the Treasury.
(8) The Secretary of Agriculture.
(9) The Secretary of Education.
(10) The head of any other Federal agency as the Council
considers appropriate.
(11) Six additional non-Federal employee members, as
appointed by the President to serve terms not to exceed 2
years, of whom--
(A) 1 shall be a State or local Government Director of
Health or the Environment;
(B) 1 shall be a State or local Government Director of
Housing or Community Development;
(C) 2 shall represent nonprofit organizations involved in
housing or health issues; and
(D) 2 shall represent for-profit entities involved in the
housing, banking, or health insurance industries.
(d) Co-Chairpersons.--The co-Chairpersons of the Council
shall be the Secretary of Housing and Urban Development and
the Secretary of Health and Human Services.
(e) Vice Chair.--Every 2 years, the Council shall elect a
Vice Chair from among its members.
(f) Meetings.--The Council shall meet at the call of either
co-Chairperson or a majority of its members at any time, and
no less often than annually.

SEC. 5. FUNCTIONS OF THE COUNCIL.

(a) Relevant Activities.--In carrying out the objectives
described in section 4(b), the Council shall--
(1) review Federal programs and services that provide
housing, health, energy, or environmental services to
families and individuals;
(2) monitor, evaluate, and recommend improvements in
programs and services administered, funded, or financed by
Federal, State, and local agencies to assist families and
individuals in accessing healthy housing and make
recommendations about how such agencies can better work to
meet the healthy housing and related needs of low-income
families and individuals; and
(3) recommend ways to--
(A) reduce duplication among programs and services by
Federal agencies that assist families and individuals in
meeting their healthy housing and related service needs;
(B) ensure collaboration among and within agencies in the
provision and availability of programs and services so that
families and individuals are able to easily access needed
programs and services;
(C) work with States and local governments to better meet
the needs of families and individuals for healthy housing
by--
(i) holding meetings with State and local representatives;
and
(ii) providing ongoing technical assistance and training to
States and localities in better meeting the housing-related
needs of such families and individuals;
(D) identify best practices for programs and services that
assist families and individuals in accessing healthy housing,
including model--
(i) programs linking housing, health, environmental, human,
and energy services;
(ii) housing and remodeling financing products offered by
government, quasi-government, and private sector entities;
(iii) housing and building codes and regulatory practices;
(iv) existing and new consensus specifications and work
practices documents;
(v) capacity building and training programs that help
increase and diversify the supply of practitioners who
perform assessments of housing-related health hazards and
interventions to address housing-related health hazards; and
(vi) programs that increase community awareness of, and
education on, housing-related health hazards and available
assessments and interventions;
(E) develop a comprehensive healthy housing research agenda
that considers health, safety, environmental, and energy
factors, to--
(i) identify cost-effective assessments and treatment
protocols for housing-related health hazards in existing
housing;
(ii) establish links between housing hazards and health
outcomes;
(iii) track housing-related health problems including
injuries, illnesses, and death;
(iv) track housing conditions that may be associated with
health problems;
(v) identify cost-effective protocols for construction of
new healthy housing; and
(vi) identify replicable and effective programs or
strategies for addressing housing-related health hazards;
(4) hold biannual meetings with stakeholders and other
interested parties in a location convenient for such
stakeholders, or hold open Council meetings, to receive input
and ideas about how to best meet the healthy housing needs of
families and individuals;
(5) maintain an updated website of policies, meetings, best
practices, programs and services, making use of existing
websites as appropriate, to keep people informed of the
activities of the Council; and
(6) work with member agencies to collect and maintain data
on housing-related health hazards, illnesses, and injuries so
that all data can be accessed in 1 place and to identify and
address unmet data needs.
(b) Reports.--
(1) By members.--Each year the head of each agency who is a
member of the Council shall prepare and transmit to the
Council a report that briefly summarizes--
(A) each healthy housing-related program and service
administered by the agency and the number of families and
individuals served by each program or service, the resources
available in each program or service, and a breakdown of
where each program and service can be accessed;
(B) the barriers and impediments, including statutory or
regulatory, to the access and use of such programs and
services by families and individuals, with particular
attention to the barriers and impediments experienced by low-
income families and individuals;
(C) the efforts made by the agency to increase
opportunities for families and individuals, including low-
income families and individuals, to reside in healthy
housing, including how the agency is working with other
agencies to better coordinate programs and services; and
(D) any new data collected by the agency relating to the
healthy housing needs of families and individuals.
(2) By the council.--Each year, the Council shall prepare
and transmit to the President and the Congress, a report
that--
(A) summarizes the reports required in paragraph (1);
(B) utilizes recent data to assess the nature of housing-
related health hazards, and associated illnesses and
injuries, in the United States;
(C) provides a comprehensive and detailed description of
the programs and services of the Federal Government in
meeting the needs and problems described in subparagraph (B);
(D) describes the activities and accomplishments of the
Council in working with Federal, State, and local
governments, nonprofit organizations and for-profit entities
in coordinating programs and services to meet the needs
described in subparagraph (B) and the resources available to
meet those needs;
(E) assesses the level of Federal assistance required to
meet the needs described in subparagraph (B); and
(F) makes recommendations for appropriate legislative and
administrative actions to meet the needs described in
subparagraph (B) and for coordinating programs and services
designed to meet those needs.

SEC. 6. POWERS OF THE COUNCIL.

(a) Hearings.--The Council may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the Council considers advisable to
carry out the purposes of this Act.
(b) Information From Agencies.--Agencies which are
represented on the Council shall provide all requested
information and data to the Council as requested.
(c) Postal Services.--The Council may use the United States
mails in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(d) Contracts and Interagency Agreements.--The Council may
enter into contracts with State, Tribal, and local
governments, public agencies and private-sector entities, and
into interagency agreements with Federal agencies. Such
contracts and interagency agreements may be single-year or
multi-year in duration.

SEC. 7. COUNCIL PERSONNEL MATTERS.

(a) Staff.--
(1) Executive director.--The Council shall appoint an
Executive Director at its initial meeting. The Executive
Director shall be compensated at a rate not to exceed the
rate of basic pay payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(2) Compensation.--With the approval of the Council, the
Executive Director may appoint and fix the compensation of
such additional personnel as the Executive Director considers
necessary to carry out the duties of the Council, except that
the rate of pay for any such additional personnel may not
exceed the rate of basic pay payable for level V of the
Executive Schedule under section 5316 of such title.
(b) Temporary and Intermittent Services.--In carrying out
its objectives, the Executive Director with the approval of
the Council, may procure temporary and intermittent services
of consultants and experts under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
(c) Detail of Government Employees.--Upon request of the
Council, any Federal Government employee may be detailed to
the Council with reimbursement, and such detail shall be
without interruption or loss of civil service status or
privilege.

[[Page S5913]]

(d) Administrative Support.--The Secretary of Housing and
Urban Development shall provide the Council with such
administrative (including office space) and support services
as are necessary to ensure that the Council can carry out its
functions in an efficient and expeditious manner.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
carry out this Act, $750,000 for each of fiscal years 2012
through 2016.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available for the 2 fiscal years
following such appropriation.
______

By Mr. MENENDEZ (for himself, Mr. Reed, Mr. Bennet. Mr. Harkin,
Mr. Lautenberg, Mr. Franken, Mr. Merkley, Mr. Sanders, Mr.
Blumenthal, Mr. Wyden, Mr. Durbin, Mr. Cardin, Mr. Akaka, Mr.
Whitehouse, Mr. Coons, Mrs. Shaheen, Ms. Landrieu, and Mr.
Leahy):
S. 1621. A bill to create livable communities through coordinated
public investment and streamlined requirements, and for other purposes;
to the Committee on Banking, Housing, and Urban Affairs.
Mr. MENENDEZ. Mr. President, I rise to announce the introduction of
the Livable Communities Act of 2011.
The Livable Communities Act presents an opportunity to save taxpayer
dollars, reduce household expenditures, improve partnerships, and help
local communities create places of lasting value, where businesses want
to invest and families want to live.
It will strengthen rural, suburban, and urban communities by
supporting local planning efforts to establish a vision for a desired
future and chart a realistic course for getting there. The bill
promotes local leadership by encouraging communities to partner
strategically to develop solutions that are innovative and reflect
their unique character, assets, and needs. It also directs public
agencies to use taxpayer dollars more efficiently by coordinating
investments in infrastructure, facilities, and services to meet
multiple economic, environmental, and community objectives.
This bill is the next important step in transforming the Federal
Government into a better partner in community efforts to achieve
locally-defined goals, support families when they need it most, and
keep the U.S. competitive in the global economy.
Dealing with change can be a real challenge--in our professional and
personal lives, with our families, and in our communities. But change
is an opportunity to move forward, if only we are open to recognizing
it. We can accept and manage change or we can be steam-rolled by it.
I have heard horror stories from across the country about veterans
hospitals being built in places that are not accessible by public
transportation. I have heard of homebuyers who ``drive to qualify'' for
mortgage financing only to rack up transportation costs that break
their budgets when gas prices go up. Many of these families are paying
50 percent of their household income on housing and transportation
costs alone. It may seem cheaper and easier in the short term to build
on a corn field outside of town than it is to re-use land located close
to existing transportation, power, and water infrastructure, but it
often does not make sense in the long run.
This is why I welcomed the opportunity to work with Chairman Dodd on
the Livable Communities Act in 2009 and why I am honored to be the
leading sponsor of the updated legislation today. It is the most
comprehensive piece of planning legislation that has been proposed in
decades. If passed, it will have a transformative impact on the way the
federal government supports locally-driven planning processes.
Unfortunately, when many on the other side of the aisle hear the word
``livable,'' they cringe. They think of top-down mandates from the
Federal Government. What they fail to understand is that the beauty of
what is ``livable'' is defined by the communities themselves to reflect
the unique character, assets, and needs of that community.
The fact is the private sector wants to be located in communities
that have dependable transportation systems to get their goods to
market and their workers to their jobs. Businesses want to attract and
retain workers and ensure that their enterprise will be viable in the
long run. Private enterprise has spearheaded some of the most notable
past and current planning efforts and the Federal Government should be
a supportive, versatile partner in this work.
I invited bipartisan cooperation on the bill numerous times and
although some offices quietly praise the good work going on in their
communities, political pressure prevents them from doing so publicly.
We remain optimistic that supporting community efforts to proactively
plan for the future and save money by coordinating capital investment
strategies are values we all support, regardless of the terminology we
use to describe them.
The Livable Communities Act of 2011 is a streamlined approach that
would keep the good work at the U.S. Department of Housing and Urban
Development going. Its intent is to find better ways to coordinate
interconnected but often silo-ed programs and policies that impact
housing, transportation, and the environment and affect the way we live
our daily lives.
The bill would formally authorize the existing HUD Office of
Sustainable Housing and Communities, to work with the Department of
Transportation and Environmental Protection Agency, to provide
technical assistance and capacity support to communities working on
integrated planning for housing, transportation, water and sewer
infrastructure needs. These tools help communities develop projects
that support job creation, leverage significant private sector
investment, and bolster long-term economic resilience by creating
places where businesses want to invest. Increased coordination at the
regional and Federal level will cut red tape and save communities money
as they plan for their future needs. The bill also directs the Office
of Sustainable Housing and Communities to provide best practices and
technical assistance to ensure that communities of all sizes learn from
each other's success.
The Livable Communities Act of 2011 also directs HUD to coordinate
with DOT and EPA to identify and eliminate Federal barriers to
sustainable development. The Office of Sustainable Housing and
Communities will coordinate Federal sustainable development policies
and research agendas to facilitate Federal collaboration by
streamlining and reconciling program requirements and policies. It will
also administer grant programs to support local planning for long-term
housing and infrastructure needs. This will enable communities to
foster economic development in an efficient and inclusive way.
Selection criteria and eligible activities would be flexible to allow
all sizes and types of communities to plan for a more sustainable
future, including job creation; revitalizing existing small town Main
Streets; reducing traffic congestion and pollution; protecting
farmland, working landscapes, and green space; addressing vacant,
abandoned, and foreclosed properties; and building more affordable and
healthy housing.
The bill would also spur private investment in transit-oriented
development, TOD, by helping communities overcome initial financing
hurdles that so often lock up private investment and prevent desired
transit-oriented, mixed-use development. Locally directed TOD provides
numerous economic benefits, including increased property values and
business activity as well as congestion reduction. TOD also promotes
economic competitiveness by efficiently connecting our work force to
educational and employment opportunities. This creates avenues for
business growth in communities across the country and keeps America
competitive in the global economy.
I know how important planning is to our communities. My home State of
New Jersey is the most densely populated in the country, so we know the
value of good community planning. Over the years we have learned some
important lessons about how vital it is to make sure that our
development projects are functional, serviceable, and livable at the
human scale, places where people feel safe, where they want to spend
time, relax as well as work--places where they can live, shop, and be
connected to their surroundings. If this economic crisis is teaching us
anything, it is to live within our means,

[[Page S5914]]

think creatively about opportunities to leverage resources, and to
invest now for future prosperity.
Good planning means saving $122 billion on water, sewer, and roads
over the next 25 years. It means protecting housing values by putting
housing near transit. As President Obama remarked over two years ago,
our days of building mindless sprawl are over. We simply cannot afford
it. Now is the time to reinvest in our communities and infrastructure.
The HUD-DOT-EPA Partnership for Sustainable Communities is doing this
in a very active way. There are many members of Congress who support
this important work, but we need to convince more of them that we are
right, and that--for the good of their communities--they should be on
our side.
The fact is, we all have a role to play. The environment is
substantially different today than it was ten years ago--twenty years
ago when I was trying to get people on board with the idea reactivating
an existing right of way to serve as the Hudson Bergen Light Rail when
I was Mayor of Union City.
Today, communities are catching on. Innovation is happening. The
Federal Government can be an important partner in helping communities
achieve their goals. I can tell you that in Jersey City, ``livable''
means the transforming 111 acres of under-utilized industrial land into
a mixed use, walkable community along the Hudson Bergen Light Rail. A
quiet revolution is underway and communities like Jersey City are
leading by example. It's time for the Federal Government to catch up.
It is our job--together--all of us--to provide the information,
tools, and encouragement these communities need, that Federal, State,
and local agencies and elected officials need--to achieve the
aspirations that they set for themselves.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1621

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Livable Communities Act of
2011''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) When rural, suburban, and urban communities plan
transportation, housing, and water infrastructure
strategically it is estimated that these communities could
save nearly $122,000,000,000 in infrastructure costs over the
next 25 years.
(2) Key Federal programs are missing a vital opportunity to
boost economic growth at the local and regional level through
better coordination of housing, transportation, and related
infrastructure investments.
(3) Federal regulations and policies should support
community efforts to implement and sustain progress toward
the achievement of locally-defined development goals, in
terms of--
(A) geographic location and proximity to existing
resources; and
(B) maintaining structural and indoor environmental quality
and minimizing health hazards.
(4) Greater coordination of public investment will provide
direct support for immediate job creation and lay the
groundwork for long-term resilience and prosperity by
leveraging significant private sector and philanthropic
investment to make the most of Federal funding.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to strengthen rural, suburban, and urban economies by
enabling communities to establish goals for the future and to
chart a course for achieving such goals;
(2) to promote local leadership by encouraging communities
to develop innovative solutions that reflect the unique
economic assets and needs of the communities;
(3) to maximize returns on Federal funding of housing,
transportation, and other infrastructure projects through the
coordination of Federal grant programs, regulations, and
requirements, by reducing the number of duplicative Federal
programs and improving the efficiency and effectiveness of
programs and policies of the Department of Housing and Urban
Development, the Department of Transportation, the
Environmental Protection Agency, and other Federal agencies,
as appropriate; and
(4) to ensure that Federal funding supports locally defined
long range development goals.

SEC. 4. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Affordable housing.--The term ``affordable housing''
means housing, the cost of which does not exceed 30 percent
of the income of a family.
(2) Comprehensive regional plan.--The term ``comprehensive
regional plan'' means a plan that--
(A) uses a cooperative, locally controlled and inclusive
public engagement process to identify needs and goals across
a region and to integrate related planning processes;
(B) prioritizes projects for implementation, including
healthy housing projects; and
(C) is tied to short-term capital improvement programs and
annual budgets.
(3) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(4) Director.--The term ``Director'' means the Director of
the Office of Sustainable Housing and Communities established
under section 5.
(5) Extremely low-income family.--The term ``extremely low-
income family'' means a family that has an income that does
not exceed--
(A) 30 percent of the median income in the area where the
family lives, as determined by the Secretary, with
appropriate adjustments for the size of the family; or
(B) a percentage of the median income in the area where the
family lives, as determined by the Secretary upon a finding
by the Secretary that such percentage is necessary due to
unusually high or low family incomes in the area where the
family lives.
(6) Healthy housing.--The term ``healthy housing'' means
housing that is designed, constructed, rehabilitated, and
maintained in a manner that supports the health of the
occupants of the housing.
(7) Housing-related health hazard.--The term ``housing-
related health hazard'' means any biological, physical, or
chemical source of exposure or condition in, or immediately
adjacent to, housing that could adversely affect human
health.
(8) Indian tribe.--The term ``Indian tribe'' has the same
meaning as in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
(9) Livable community.--The term ``livable community''
means a metropolitan, urban, suburban, or rural community
that--
(A) provides safe, reliable, and accessible transportation
choices;
(B) provides long-term affordable, accessible, energy-
efficient, and location-efficient housing choices for people
of all ages, incomes, races, and ethnicities;
(C) supports, revitalizes, and encourages the growth of
existing communities and maximizes the cost-effectiveness of
existing infrastructure;
(D) promotes economic development and economic
competitiveness;
(E) preserves the environment and natural resources;
(F) protects agricultural land, rural land, and green
spaces; and
(G) supports public health and improves the quality of life
for residents of, and workers in, the community.
(10) Location-efficient.--The term ``location-efficient''
characterizes mixed-use development or neighborhoods that
integrate housing, commercial development, and facilities and
amenities--
(A) to lower living expenses for working families;
(B) to enhance mobility;
(C) to encourage private investment in transit-oriented
development; and
(D) to encourage private sector infill development and
maximize the use of existing infrastructure.
(11) Low-income family.--The term ``low-income family'' has
the meaning given that term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(12) Metropolitan planning organization.--The term
``metropolitan planning organization'' means a metropolitan
planning organization described in section 134(b) of title
23, United States Code or section 5303(b) of title 49, United
States Code.
(13) Office.--The term ``Office'' means the Office of
Sustainable Housing and Communities established under section
5.
(14) Regional council.--The term ``regional council'' means
a multiservice regional organization with State and locally
defined boundaries that is--
(A) accountable to units of general local government;
(B) delivers a variety of Federal, State, and local
programs; and
(C) performs planning functions and provides professional
and technical assistance.
(15) Rural planning organization.--The term ``rural
planning organization'' means a voluntary regional
organization of local elected officials and representatives
of local transportation systems that--
(A) works in cooperation with the department of
transportation (or equivalent entity) of a State to plan
transportation networks and advise officials of the State on
transportation planning; and
(B) is located in a rural area--
(i) with a population of not less than 5,000; and
(ii) that is not located in an area represented by a
metropolitan planning organization.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(17) State.--The term ``State'' has the meaning given that
term by the Secretary, by rule.

[[Page S5915]]

(18) Transit-oriented development.--The term ``transit-
oriented development'' means high-density, walkable,
location-efficient, mixed-use development, including
commercial development, affordable housing, and market-rate
housing, that is within walking distance of and accessible to
1 or more public transportation facilities.
(19) Unit of general local government.--The term ``unit of
general local government'' means--
(A) a city, county, town, township, parish, village, or
other general purpose political subdivision of a State; or
(B) a combination of general purpose political
subdivisions, as determined by the Secretary.
(20) Unit of special purpose local government.--The term
``unit of special purpose local government''--
(A) means a division of a unit of general purpose
government that serves a special purpose and does not provide
a broad array of services; and
(B) includes an entity such as a school district, a housing
agency, a transit agency, and a parks and recreation
district.
(21) Very low-income family.--The term ``very low-income
family'' has the same meaning as in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMUNITIES.

(a) Office Established.--There is established in the
Department an Office of Sustainable Housing and Communities,
which shall--
(1) coordinate Federal policies that--
(A) encourage locally directed comprehensive and integrated
planning and development at the State, regional, and local
levels;
(B) encourage coordinated public investments through the
development of comprehensive regional plans;
(C) provide long-term affordable, accessible, energy-
efficient, healthy, location-efficient housing choices for
people of all ages, incomes, races, and ethnicities,
particularly for low-, very low-, and extremely low-income
families; and
(D) achieve other goals consistent with the purposes of
this Act;
(2) review Federal programs and policies to determine
barriers to interagency collaboration and make
recommendations to promote the ability of local communities
to access resources in the Department and throughout the
Federal Government and coordinate with and conduct outreach
to Federal agencies, including the Department of
Transportation and the Environmental Protection Agency, on
methods to reduce duplicative programs and improve the
efficiency and effectiveness of programs within the
Department of Transportation, the Environmental Protection
Agency, and the Department of Housing and Urban Development;
(3) conduct research and advise the Secretary on the
research agenda of the Department relating to coordinated
development, in collaboration with the Office of Policy
Development and Research of the Department;
(4) implement and oversee the grant programs established
under this Act by--
(A) developing the process and format for grant
applications for each grant program;
(B) promulgating regulations or guidance relating to each
grant program;
(C) selecting recipients of grants under each grant
program;
(D) creating performance measures for recipients of grants
under each grant program;
(E) developing technical assistance and other guidance to
assist recipients of grants and potential applicants for
grants under each grant program;
(F) monitoring and evaluating the performance of recipients
of grants under each grant program; and
(G) carrying out such other activities relating to the
administration of the grant programs under this Act as the
Secretary determines are necessary;
(5) provide guidance, information on best practices, and
technical assistance to communities seeking to adopt
sustainable development policies and practices;
(6) administer initiatives of the Department relating to
the policies described in paragraph (1), as determined by the
Secretary; and
(7) work with the Federal Transit Administration of the
Department of Transportation and other offices and
administrations of the Department of Transportation, as
appropriate--
(A) to encourage transit-oriented development; and
(B) to coordinate Federal housing, community development,
and transportation policies, including the policies described
in paragraph (1).
(b) Director.--The head of the Office shall be the Director
of the Office of Sustainable Housing and Communities.
(c) Duties Relating to Grant Programs.--
(1) In general.--The Director shall carry out the grant
programs established under this Act.
(2) Small and rural communities grants program.--The
Director shall coordinate with the Secretary of Agriculture
to make grants to small and rural communities under sections
7 and 8.
(3) Technical assistance for grant recipients and
applicants.--The Director may--
(A) coordinate with other Federal agencies to establish
interagency and multidisciplinary teams to provide technical
assistance to recipients of, and prospective applicants for,
grants under this Act;
(B) by Federal interagency agreement, transfer funds to
another Federal agency to facilitate and support technical
assistance; and
(C) make contracts with third parties to provide technical
assistance to grant recipients and prospective applicants for
grants.

SEC. 6. COMPREHENSIVE PLANNING GRANT PROGRAM.

(a) Definitions.--In this section--
(1) the term ``consortium of units of general local
governments'' means a consortium of geographically contiguous
units of general local government that the Secretary
determines--
(A) represents all or part of a metropolitan statistical
area, a micropolitan statistical area, or a noncore area;
(B) has the authority under State, tribal, or local law to
carry out planning activities, including surveys, land use
studies, environmental or public health analyses, and
development of urban revitalization plans; and
(C) has provided documentation to the Secretary sufficient
to demonstrate that the purpose of the consortium is to carry
out a project using a grant awarded under this Act;
(2) the term ``eligible entity'' means--
(A) a partnership between a consortium of units of general
local government and an eligible partner; or
(B) an Indian tribe, if--
(i) the Indian tribe has--

(I) a tribal entity that performs housing and land use
planning functions; and
(II) a tribal entity that performs transportation and
transportation planning functions; and

(ii) the Secretary determines that the isolated location
and land expanse of the Indian tribe require the Secretary to
treat the tribe as an eligible entity for purposes of
carrying out activities using a grant under this section;
(3) the term ``eligible partner'' means--
(A) a metropolitan planning organization, a rural planning
organization, or a regional council; or
(B) a metropolitan planning organization, a rural planning
organization, or a regional council, and--
(i) a State;
(ii) an Indian tribe;
(iii) a State and an Indian tribe; or
(iv) an institution of higher education;
(4) the term ``grant program'' means the comprehensive
planning grant program established under subsection (b); and
(5) the term ``noncore area'' means a county or group of
counties that are not designated by the Office of Management
and Budget as a micropolitan statistical area or metropolitan
statistical area.
(b) Comprehensive Planning Grant Program Established.--The
Director shall establish a comprehensive planning grant
program to make grants to eligible entities to carry out a
project--
(1) to coordinate locally defined planning processes,
across jurisdictions and agencies;
(2) to identify regional partnerships for developing and
implementing a comprehensive regional plan;
(3) to conduct or update assessments to determine regional
needs and promote economic and community development;
(4) to develop or update--
(A) a comprehensive regional plan; or
(B) goals and strategies to implement an existing
comprehensive regional plan and other related activities; and
(5) to identify local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.
(c) Grants.--
(1) Diversity of grantees.--The Director shall ensure
geographic diversity among and adequate representation from
each of the following categories:
(A) Small and rural communities.--Eligible entities that
represent all or part of a noncore area, a micropolitan area,
or a small metropolitan statistical area with a population of
not more than 200,000.
(B) Mid-sized metropolitan communities.--Eligible entities
that represent all or part of a metropolitan statistical area
with a population of more than 200,000 and not more than
500,000.
(C) Large metropolitan communities.--Eligible entities that
represent all or part of a metropolitan statistical area with
a population of more than 500,000.
(2) Award of funds to small and rural communities.--
(A) In general.--The Director shall--
(i) award not less than 15 percent of the funds under the
grant program to eligible entities described in paragraph
(1)(A); and
(ii) ensure diversity among the geographic regions and the
size of the population of the communities served by
recipients of grants that are eligible entities described in
paragraph (1)(A).
(B) Insufficient applications.--If the Director determines
that insufficient approvable applications have been submitted
by eligible entities described in paragraph (1)(A), the
Director may award less than 15 percent of the funds under
the grant program to eligible entities described in paragraph
(1)(A).
(3) Federal share.--
(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of a project carried out using
a grant under the grant program may not exceed 80 percent.

[[Page S5916]]

(B) Exceptions.--
(i) Small and rural communities.--In the case of an
eligible entity described in paragraph (1)(A), the Federal
share of the cost of a project carried out using a grant
under the grant program may be 90 percent.
(ii) Indian tribes.--In the case of an eligible entity that
is an Indian tribe, the Federal share of the cost of a
project carried out using a grant under the grant program may
be 100 percent.
(C) Non-federal share.--
(i) In-kind contributions.--For the purposes of this
section, in-kind contributions may be used for all or part of
the non-Federal share of the cost of a project carried out
using a grant under the grant program.
(ii) Other federal funding.--Federal funding from sources
other than the grant program may not be used for the non-
Federal share of the cost of a project carried out using a
grant under the grant program.
(4) Availability of funds.--
(A) In general.--An eligible entity that receives a grant
under the grant program shall--
(i) obligate any funds received under the grant program not
later than 2 years after the date on which the grant
agreement under subsection (g) is made; and
(ii) expend any funds received under the grant program not
later than 4 years after the date on which the grant
agreement under subsection (g) is made.
(B) Unobligated amounts.--After the date described in
subparagraph (A)(i), the Secretary may award to another
eligible entity, to carry out activities under this section,
any amounts that an eligible entity has not obligated under
subparagraph (A)(i).
(d) Application.--
(1) In general.--An eligible entity that desires a grant
under this section shall submit to the Director an
application, at such time and in such manner as the Director
shall prescribe, that contains--
(A) a description of the project proposed to be carried out
by the eligible entity;
(B) a budget for the project that includes the anticipated
Federal share of the cost of the project and a description of
the source of the non-Federal share;
(C) the designation of a lead agency or organization, which
may be the eligible entity, to receive and manage any funds
received by the eligible entity under the grant program;
(D) a signed copy of a memorandum of understanding among
local jurisdictions, including, as appropriate, a State, a
tribe, units of general purpose local government, units of
special purpose local government, metropolitan planning
organizations, rural planning organizations, and regional
councils that demonstrates--
(i) the creation of an eligible entity;
(ii) a description of the nature and extent of planned
collaboration between the eligible entity and any partners of
the eligible entity;
(iii) a commitment to develop a comprehensive regional
plan; and
(iv) a commitment to implement the plan after the plan is
developed;
(E) a certification that the eligible entity has--
(i) secured the participation, or made a good-faith effort
to secure the participation, of transportation providers and
public housing agencies within the area affected by the
comprehensive regional plan and the entities described in
clause (ii); and
(ii) created, or will create not later than 1 year after
the date of the grant award, a regional advisory board to
provide input and feedback on the development of the
comprehensive regional plan that includes representatives of
a State, the metropolitan planning organization, the rural
planning organization, the regional council, local
jurisdictions, non-profit organizations, and others, as
deemed appropriate by the eligible entity, given the local
context of the comprehensive planning effort; and
(F) a certification that the eligible entity has solicited
public comment on the contents of the project description
under subparagraph (A) that includes--
(i) a description of the process for receiving public
comment relating to the proposal; and
(ii) such other information as the Director may require;
(G) a description of how the eligible entity will carry out
the activities under subsection (f); and
(H) such additional information as the Director may
require.
(2) Indian tribes.--An eligible entity that is an Indian
tribe is not required to submit the certification under
paragraph (1)(E).
(e) Selection.--In evaluating an application for a grant
under the grant program, the Director shall consider the
extent to which the application--
(1) demonstrates the technical capacity of the eligible
entity to carry out the project;
(2) demonstrates the extent to which the consortium has
developed partnerships throughout an entire region,
including, as appropriate, partnerships with the entities
described in subsection (d)(1)(D);
(3) demonstrates integration with local efforts in economic
development and job creation;
(4) demonstrates a strategy for implementing a
comprehensive regional plan through regional infrastructure
investment plans and local land use plans;
(5) promotes diversity among the geographic regions and the
size of the population of the communities served by
recipients of grants under this section;
(6) demonstrates a commitment to seeking substantial public
input during the planning process and public participation in
the development of the comprehensive regional plan;
(7) demonstrates that a Federal grant is necessary to
accomplish the project proposed to be carried out;
(8) minimizes the Federal share necessary to carry out the
project and leverages State, local, or private resources;
(9) has a high quality overall; and
(10) demonstrates such other qualities as the Director may
determine.
(f) Eligible Activities.--An eligible entity that receives
a grant under this section shall carry out a project that
includes 1 or more of the following activities:
(1) Coordinating locally defined planning processes across
jurisdictions and agencies.
(2) Identifying potential regional partnerships for
developing and implementing a comprehensive regional plan.
(3) Conducting or updating assessments to determine
regional needs, including healthy housing, and promote
economic and community development.
(4) Developing or updating--
(A) a comprehensive regional plan; or
(B) goals and strategies to implement an existing
comprehensive regional plan.
(5) Implementing local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.
(g) Grant Agreement.--Each eligible entity that receives a
grant under this section shall agree to establish, in
coordination with the Director, performance measures,
reporting requirements, and any other requirements that the
Director determines are necessary, that must be met at the
end of each year in which the eligible entity receives funds
under the grant program.
(h) Public Outreach.--
(1) Outreach required.--Each eligible entity that receives
a grant under the grant program shall perform substantial
outreach activities--
(A) to engage a broad cross-section of community
stakeholders in the process of developing a comprehensive
regional plan, including low-income families, minorities,
older adults, and economically disadvantaged community
members; and
(B) to create an effective means for stakeholders to
participate in the development and implementation of a
comprehensive regional plan.
(2) Finalization of comprehensive regional plan.--
(A) In general.--An eligible entity that receives a grant
under the grant program may not finalize a comprehensive
regional plan before the eligible entity holds a public
hearing to obtain the views of citizens, public agencies, and
other interested parties.
(B) Availability of information.--Not later than 30 days
before a hearing described in subparagraph (A), an eligible
entity shall make the proposed comprehensive regional plan
and all information relevant to the hearing available to the
public for inspection during normal business hours.
(C) Notice.--Not later than 30 days before a hearing
described in subparagraph (A), an eligible entity shall
publish notice--
(i) of the hearing; and
(ii) that the information described in subparagraph (B) is
available.
(i) Violation of Grant Agreement or Failure To Comply With
Public Outreach Requirements.--If the Director determines
that an eligible entity has not met the performance measures
established under subsection (g), is not making reasonable
progress toward meeting such measures, is otherwise in
violation of the grant agreement, or has not complied with
the public outreach requirements under subsection (h), the
Director may--
(1) withhold financial assistance until the requirements
under the grant agreement or under subsection (h), as
applicable, are met; or
(2) terminate the grant agreement.
(j) Report on the Comprehensive Planning Grant.--
(1) In general.--Not later than 90 days after the date on
which the grant agreement under subsection (g) expires, an
eligible entity that receives a grant under the grant program
shall submit a final report on the project to the Secretary.
(2) Contents of report.--The report shall include--
(A) a detailed explanation of the activities undertaken
using the grant, including an explanation of the completed
project and how it achieves specific transit-oriented,
transportation, housing, or sustainable community goals
within the region;
(B) a discussion of any obstacles encountered in the
planning process and how the eligible entity overcame the
obstacles;
(C) an evaluation of the success of the project using the
performance standards and measures established under
subsection (g), including an evaluation of the planning
process and how the project contributes to carrying out the
comprehensive regional plan; and
(D) any other information the Director may require.
(3) Interim report.--The Director may require an eligible
entity to submit an interim report, before the date on which
the project for which the grant is awarded is completed.
(k) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary for the award of grants under this section,
to remain available until expended--

[[Page S5917]]

(A) $100,000,000 for fiscal year 2012; and
(B) $125,000,000 for each of fiscal years 2013 through
2016.
(2) Technical assistance.--The Director may use not more
than 2 percent of the amounts made available under this
subsection for a fiscal year for technical assistance under
section 5(c)(3).

SEC. 7. COMMUNITY CHALLENGE GRANT PROGRAM.

(a) Definitions.--In this section--
(1) the terms ``consortium of units of general local
governments'', ``eligible entity'', and ``eligible partner''
have the same meaning as in section 6; and
(2) the term ``grant program'' means the community
challenge grant program established under subsection (b).
(b) Community Challenge Grant Program Established.--The
Director shall establish a community challenge grant program
to make grants to eligible entities to--
(1) promote integrated planning and investments across
policy and governmental jurisdictions; and
(2) implement projects identified in a comprehensive
regional plan.
(c) Grants.--
(1) Diversity of grantees.--The Director shall ensure
geographic diversity among and adequate representation from
eligible entities in each of the categories described in
section 6(c)(1).
(2) Terms and conditions.--Except as otherwise provided in
this section, a grant under the grant program shall be made
on the same terms and conditions as a grant under section 6.
(3) Expending funds.--An eligible entity that receives a
grant under the grant program shall expend any funds received
under the grant program not later than 5 years after the date
on which the grant agreement under subsection (g) is made.
(d) Application.--
(1) Contents.--An eligible entity that desires a grant
under the grant program shall submit to the Director an
application, at such time and in such manner as the Director
shall prescribe, that contains--
(A) a copy of the comprehensive regional plan, whether
developed as part of the comprehensive planning grant program
under section 6 or developed independently;
(B) a description of the project or projects proposed to be
carried out using a grant under the grant program;
(C) a description of any preliminary actions that have been
or must be taken at the local or regional level to implement
the project or projects under subparagraph (B), including the
revision of land use or zoning policies;
(D) a signed copy of a memorandum of understanding among
local jurisdictions, including, as appropriate, a State,
units of general purpose local government, units of special
purpose local government, metropolitan planning
organizations, rural planning organizations, and regional
councils that demonstrates--
(i) the creation of a consortium of units of general local
government; and
(ii) a commitment to implement the activities described in
the comprehensive regional plan; and
(E) a certification that the eligible entity has solicited
public comment on the contents of the project or projects
described in subparagraph (B) that includes--
(i) a certification that the eligible entity made
information about the project or projects available and
afforded citizens, public agencies, and other interested
parties a reasonable opportunity to examine the content of
the project or projects and to submit comments;
(ii) a description of the process for receiving public
comment, and a description of the outreach efforts to
affected populations and stakeholders;
(iii) a certification that the eligible entity--

(I) held a public hearing to obtain the views of citizens,
public agencies, and other interested parties;
(II) made the proposed project and all information relevant
to the hearing available for inspection by the public during
normal business hours not less than 30 days before the
hearing under subclause (I); and
(III) published a notice informing the public of the
hearing under subclause (I) and the availability of the
information described in subclause (II); and

(F) a budget for the project that includes the Federal
share of the cost of the project or projects requested and a
description of the source of the non-Federal share; and
(G) such additional information as the Director may
require.
(2) Indian tribes.--An eligible entity that is an Indian
tribe is not required to submit a memorandum of understanding
under paragraph (1)(D).
(e) Selection.--In evaluating an application for a grant
under the grant program, the Director shall consider the
extent to which the application--
(1) demonstrates the technical capacity of the eligible
entity to carry out the project;
(2) demonstrates the extent to which the eligible entity
has developed partnerships throughout an entire region,
including partnerships with units of special purpose local
government and transportation providers;
(3) demonstrates clear and meaningful interjurisdictional
cooperation and coordination of housing (including healthy
housing), transportation, and environmental policies and
plans;
(4) demonstrates a commitment to implementing a
comprehensive regional plan and documents action taken or
planned to implement the plan;
(5) minimizes the Federal share necessary to carry out the
project and leverages a significant amount of State, local,
or private resources;
(6) identifies original and innovative ideas to overcoming
regional problems, including local land use and zoning (or
other code) obstacles to carrying out the comprehensive
regional plan;
(7) promotes diversity among the geographic regions and the
size of the population of the communities served by
recipients of grants under the grant program;
(8) demonstrates a commitment to substantial public input
throughout the implementation process;
(9) demonstrates that a Federal grant is necessary to
accomplish the project or projects proposed to be carried
out;
(10) has a high quality overall; and
(11) demonstrates such other qualities as the Director may
determine.
(f) Grant Activities.--
(1) Planning activities.--An eligible entity that receives
a grant under the grant program may use not more than 10
percent of the grant for planning activities. Activities
related to the updating, reform, or development of a local
code, plan, or ordinance to implement projects contained in a
comprehensive regional plan shall not be considered planning
activities for the purposes of a grant under the grant
program.
(2) Projects and investments.--An eligible entity that
receives a grant under the grant program shall carry out 1 or
more projects that are designed to achieve the goals
identified in a comprehensive regional plan.
(g) Grant Agreement.--Each eligible entity that receives a
grant under the grant program shall agree to establish, in
coordination with the Director, performance measures,
reporting requirements, and any other requirements that the
Director determines are necessary, that must be met at the
end of each year in which the eligible entity receives funds
under the grant program.
(h) Violation of Grant Agreement.--If the Director
determines that an eligible entity has not met the
performance measures established under subsection (g), is not
making reasonable progress toward meeting such measures, or
is otherwise in violation of the grant agreement, the
Director may--
(1) withhold financial assistance until the requirements
under the grant agreement are met; or
(2) terminate the grant agreement.
(i) Report on the Community Challenge Grant.--
(1) In general.--Not later than 90 days after the date on
which the grant agreement under subsection (g) expires, an
eligible entity that receives a grant under the grant program
shall submit a final report on the project to the Secretary.
(2) Contents of report.--The report shall include--
(A) a detailed explanation of the activities undertaken
using the grant, including an explanation of the completed
project and how it achieves specific transit-oriented,
transportation, housing, or sustainable community goals
within the region;
(B) a discussion of any obstacles encountered in the
planning and implementation process and how the eligible
entity overcame the obstacles;
(C) an evaluation of the success of the project using the
performance standards and measures established under
subsection (g), including an evaluation of the planning and
implementation process and how the project contributes to
carrying out the comprehensive regional plan; and
(D) any other information the Director may require.
(3) Interim report.--The Director may require an eligible
entity to submit an interim report, before the date on which
the project for which the grant is awarded is completed.
(j) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary for the award of grants under this section,
to remain available until expended--
(A) $30,000,000 for each of fiscal years 2012 and 2013;
(B) $35,000,000 for fiscal year 2014;
(C) $40,000,000 for fiscal year 2015; and
(D) $45,000,000 for fiscal year 2016.

SEC. 8. CREDIT FACILITY TO SUPPORT TRANSIT-ORIENTED
DEVELOPMENT.

(a) Definitions.--In this section--
(1) Eligible applicant.--The term ``eligible applicant''
means a State or local government.
(2) Eligible area.--The term ``eligible area'' means the
area within \1/2\ mile of an existing or planned major
transit facility.
(3) Eligible borrower.--The term ``eligible borrower''
means--
(A) a governmental entity, authority, agency, or
instrumentality;
(B) a corporation, partnership, joint venture, or trust on
behalf of which an eligible applicant has submitted an
application under subsection (c); or
(C) any other legal entity undertaking an infrastructure
development project on behalf of which an eligible applicant
has submitted an application under subsection (c).
(4) Major transit facility.--The term ``major transit
facility'' means--
(A) a fixed-guideway transit station;

[[Page S5918]]

(B) a high speed rail or intercity rail station;
(C) a transit hub connecting more than 3 local transit
lines; or
(D) a transit center located in an area other than an
urbanized area.
(5) Planned major transit facility.--The term ``planned
major transit facility'' means a major transit facility for
which appropriate environmental reviews have been completed
and for which funding for construction can be reasonably
anticipated.
(6) Project.--The term ``project'' means an infrastructure
project that is used to support a transit-oriented
development in an eligible area, including--
(A) property enhancement, including conducting
environmental remediation, park development, and open space
acquisition;
(B) improvement of mobility and parking, including
rehabilitating, or providing for additional, streets, transit
stations, structured parking, walkways, and bikeways;
(C) utility development, including rehabilitating existing,
or providing for new drinking water, wastewater, electric,
and gas utilities; or
(D) community facilities, including child care centers.
(b) Loan Program Established.--The Secretary may make or
guarantee loans under this section to eligible borrowers for
projects.
(c) Application.--
(1) In general.--An eligible applicant may submit to the
Secretary an application for a loan or loan guarantee under
this section--
(A) to fund a project carried out by the eligible
applicant; or
(B) on behalf of an eligible borrower, to fund a project
carried out by the eligible borrower.
(d) Selection Criteria.--
(1) In general.--The Secretary may make a loan or loan
guarantee under this section for a project that--
(A) is part of a community-wide development plan, as
defined by the Secretary;
(B) promotes sustainable development; and
(C) ensures that not less than 15 percent of any housing
units constructed or substantially rehabilitated as part of
transit-oriented development supported by the project are
affordable over the long-term to, and occupied at time of
initial occupancy by--
(i) renters with incomes at or below 60 percent of the area
median; or
(ii) homeowners with incomes at or below 100 percent of the
area median.
(2) Considerations.--The Secretary shall select the
recipients of loans and loan guarantees under this section
based on the extent to which--
(A) the transit-oriented development supported by the
project will encourage increased use of transit;
(B) the transit-oriented development supported by the
project will create or preserve long-term affordable housing
units in addition to the housing units required to be made
available under paragraph (1)(C) or will provide deeper
affordability than required under paragraph (1)(C);
(C) the project will facilitate and encourage additional
development or redevelopment in the overall transit station
area;
(D) the local government has adopted policies that--
(i) promote long-term affordable housing; and
(ii) allow high-density, mixed-use development near transit
stations;
(E) the transit-oriented development supported by the
project is part of a comprehensive regional plan;
(F) the eligible borrower has established a reliable,
dedicated revenue source to repay the loan;
(G) the project is not financially viable for the eligible
borrower without a loan or loan guarantee under this section;
and
(H) a loan or loan guarantee under this section would be
used in conjunction with non-Federal loans to fund the
project.
(e) Eligible Sources of Repayment.--A loan made or
guaranteed under this section shall be repayable, in whole or
in part, from dedicated revenue sources, which may include--
(1) user fees;
(2) property tax revenues;
(3) sales tax revenues;
(4) other revenue sources dedicated to the project by
property owners and businesses; and
(5) a bond or other indebtedness backed by one of the
revenue sources listed in this paragraph.
(f) Interest Rate.--The Secretary shall establish an
interest rate for loans made or guaranteed under this section
with reference to a benchmark interest rate (yield) on
marketable Treasury securities with a maturity that is
similar to the loans made or guaranteed under this section.
(g) Maximum Maturity.--The maturity of a loan made or
guaranteed under this section may not exceed the lesser of--
(1) 35 years; or
(2) 90 percent of the useful life of any project to be
financed by the loan, as determined by the Secretary.
(h) Maximum Loan Guarantee Rate.--
(1) In general.--The guarantee rate on a loan guaranteed
under this section may not exceed 75 percent of the amount of
the loan.
(2) Lower guarantee rate for low-risk borrowers.--The
Secretary shall establish a guarantee rate for loans to
eligible borrowers that the Secretary determines pose a lower
risk of default that is lower than the guarantee rate for
loans to other eligible borrowers.
(i) Fees.--The Secretary shall establish fees for loans
made or guaranteed under this section at a level that is
sufficient to cover all or part of the costs to the Federal
Government of making or guaranteeing a loan under this
section.
(j) Nonsubordination.--A loan made or guaranteed under this
section may not be subordinated to the claims of any holder
of an obligation relating to the project in the event of
bankruptcy, insolvency, or liquidation.
(k) Commencement of Repayment.--The scheduled repayment of
principal or interest on a loan made or guaranteed under this
section shall commence not later than 5 years after the date
of substantial completion of the project.
(l) Repayment Deferral for Loans.--
(1) In general.--If, at any time after the date of
substantial completion of a project, the Secretary determines
that dedicated revenue sources of an eligible borrower are
insufficient to make the scheduled loan repayments of
principal and interest on a loan made or guaranteed under
this section, the Secretary may, subject to criteria
established by the Secretary, allow the eligible borrower to
add unpaid principal and interest to the outstanding balance
of the loan.
(2) Treatment of deferred payments.--Any payment deferred
under this section shall--
(A) continue to accrue interest until fully repaid; and
(B) be scheduled to be amortized over the remaining term of
the loan.
(m) Authorization of Appropriations.--There are authorized
to be appropriated for the cost of loans and loan guarantees
under this section $20,000,000 for each of fiscal years 2012
through 2016.

SEC. 9. HEALTHY HOMES.

(a) Federal Initiative To Support Healthy Housing and
Eradicate Housing-related Health Hazards.--The Secretary,
acting through the Director of the Office of Healthy Homes
and Lead Hazard Control and in consultation with the
Secretary of Energy, the Administrator of the Environmental
Protection Agency, the Secretary of Agriculture, the Director
of the National Institute of Standards and Technology, the
Director of the National Institute of Environmental Health
Sciences, and the Director of the Centers for Disease
Control, shall lead the Federal initiative to support healthy
housing and eradicate housing-related health hazards by--
(1) reviewing, monitoring, and evaluating Federal housing,
health, energy, and environmental programs and identifying
areas of overlap and duplication that could be improved;
(2) identifying best practices and model programs,
including practices and programs that link services for low-
income families and services for health hazards;
(3) identifying best practices for finance products,
building codes, and regulatory practices;
(4) researching training programs and work practices that
can accurately assess housing-related health hazards;
(5) promoting collaboration among Federal, State, local,
and tribal agencies and non-governmental organizations; and
(6) coordinating with all relevant Federal agencies.
(b) Assessment.--The Secretary shall conduct a
collaborative, interagency assessment of best practices for--
(1) coordinating activities relating to healthy housing;
(2) removing unnecessary barriers to interagency
coordination in Federal statutes and regulations; and
(3) creating incentives in programs of the Federal
Government to advance the complementary goals of improving
environmental health, energy conservation, and the
availability of housing.
(c) Study and Report on Sustainable Building Features and
Indoor Environmental Quality in Housing.--
(1) Study.--The Secretary, in consultation with the
Secretary of Energy, the Director of the National Institute
of Standards and Technology, the Director of the National
Institute of Environmental Health Sciences, the Director of
the Centers for Disease Control, and any other Federal agency
that the Secretary determines is appropriate, shall conduct a
detailed study of how sustainable building features in
housing, such as energy efficiency, affect--
(A) the quality of the indoor environment;
(B) the prevalence of housing-related health hazards; and
(C) the health of occupants of the housing.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Financial Services and the Committee on Appropriations of
the House of Representatives a report containing the results
of the study under paragraph (1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 10. INELIGIBILITY OF INDIVIDUALS WHO ARE NOT LAWFULLY
PRESENT.

No housing assisted using a grant under this Act may be
made available to an individual who is not lawfully present
in the United States. Nothing in this Act may be construed to
alter the restrictions or definitions under section 214 of
the Housing and

[[Page S5919]]

Community Development Act of 1980 (42 U.S.C. 1436a).

____________________