II 

112TH CONGRESS 

1ST SESSION S. 1621 

To create livable communities through coordinated public investment and 

streamlined requirements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

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) introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To create livable communities through coordinated public 

investment and streamlined requirements, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Livable Communities 

5 Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 1621 IS

1 (1) When rural, suburban, and urban commu2 nities plan transportation, housing, and water infra3 structure strategically it is estimated that these com4 munities could save nearly $122,000,000,000 in in5 frastructure costs over the next 25 years. 

6 (2) Key Federal programs are missing a vital 

7 opportunity to boost economic growth at the local 

8 and regional level through better coordination of 

9 housing, transportation, and related infrastructure 

10 investments. 

11 (3) Federal regulations and policies should sup12 port community efforts to implement and sustain 

13 progress toward the achievement of locally-defined 

14 development goals, in terms of— 

15 (A) geographic location and proximity to 

16 existing resources; and 

17 (B) maintaining structural and indoor en18 vironmental quality and minimizing health haz19 ards. 

20 (4) Greater coordination of public investment 

21 will provide direct support for immediate job cre22 ation and lay the groundwork for long-term resil23 ience and prosperity by leveraging significant private 

24 sector and philanthropic investment to make the 

25 most of Federal funding. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 1621 IS

1 SEC. 3. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to strengthen rural, suburban, and urban 

4 economies by enabling communities to establish 

5 goals for the future and to chart a course for achiev6 ing such goals; 

7 (2) to promote local leadership by encouraging 

8 communities to develop innovative solutions that re9 flect the unique economic assets and needs of the 

10 communities; 

11 (3) to maximize returns on Federal funding of 

12 housing, transportation, and other infrastructure 

13 projects through the coordination of Federal grant 

14 programs, regulations, and requirements, by reduc15 ing the number of duplicative Federal programs and 

16 improving the efficiency and effectiveness of pro17 grams and policies of the Department of Housing 

18 and Urban Development, the Department of Trans19 portation, the Environmental Protection Agency, 

20 and other Federal agencies, as appropriate; and 

21 (4) to ensure that Federal funding supports lo22 cally defined long range development goals. 

23 SEC. 4. DEFINITIONS. 

24 In this Act, the following definitions shall apply: 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 1621 IS

1 (1) AFFORDABLE HOUSING.—The term ‘‘afford2 able housing’’ means housing, the cost of which does 

3 not exceed 30 percent of the income of a family. 

4 (2) COMPREHENSIVE REGIONAL PLAN.—The 

5 term ‘‘comprehensive regional plan’’ means a plan 

6 that— 

7 (A) uses a cooperative, locally controlled 

8 and inclusive public engagement process to 

9 identify needs and goals across a region and to 

10 integrate related planning processes; 

11 (B) prioritizes projects for implementation, 

12 including healthy housing projects; and 

13 (C) is tied to short-term capital improve14 ment programs and annual budgets. 

15 (3) DEPARTMENT.—The term ‘‘Department’’ 

16 means the Department of Housing and Urban De17 velopment. 

18 (4) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Office of Sustainable Housing 

20 and Communities established under section 5. 

21 (5) EXTREMELY LOW-INCOME FAMILY.—The 

22 term ‘‘extremely low-income family’’ means a family 

23 that has an income that does not exceed— 

24 (A) 30 percent of the median income in 

25 the area where the family lives, as determined 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 1621 IS

1 by the Secretary, with appropriate adjustments 

2 for the size of the family; or 

3 (B) a percentage of the median income in 

4 the area where the family lives, as determined 

5 by the Secretary upon a finding by the Sec6 retary that such percentage is necessary due to 

7 unusually high or low family incomes in the 

8 area where the family lives. 

9 (6) HEALTHY HOUSING.—The term ‘‘healthy 

10 housing’’ means housing that is designed, con11 structed, rehabilitated, and maintained in a manner 

12 that supports the health of the occupants of the 

13 housing. 

14 (7) HOUSING-RELATED HEALTH HAZARD.—The 

15 term ‘‘housing-related health hazard’’ means any bi16 ological, physical, or chemical source of exposure or 

17 condition in, or immediately adjacent to, housing 

18 that could adversely affect human health. 

19 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

20 has the same meaning as in section 4 of the Native 

21 American Housing Assistance and Self-Determina22 tion Act of 1996 (25 U.S.C. 4103). 

23 (9) LIVABLE COMMUNITY.—The term ‘‘livable 

24 community’’ means a metropolitan, urban, suburban, 

25 or rural community that— 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•S 1621 IS

1 (A) provides safe, reliable, and accessible 

2 transportation choices; 

3 (B) provides long-term affordable, acces4 sible, energy-efficient, and location-efficient 

5 housing choices for people of all ages, incomes, 

6 races, and ethnicities; 

7 (C) supports, revitalizes, and encourages 

8 the growth of existing communities and maxi9 mizes the cost-effectiveness of existing infra10 structure; 

11 (D) promotes economic development and 

12 economic competitiveness; 

13 (E) preserves the environment and natural 

14 resources; 

15 (F) protects agricultural land, rural land, 

16 and green spaces; and 

17 (G) supports public health and improves 

18 the quality of life for residents of, and workers 

19 in, the community. 

20 (10) LOCATION-EFFICIENT.—The term ‘‘loca21 tion-efficient’’ characterizes mixed-use development 

22 or neighborhoods that integrate housing, commercial 

23 development, and facilities and amenities— 

24 (A) to lower living expenses for working 

25 families; 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•S 1621 IS

1 (B) to enhance mobility; 

2 (C) to encourage private investment in 

3 transit-oriented development; and 

4 (D) to encourage private sector infill devel5 opment and maximize the use of existing infra6 structure. 

7 (11) LOW-INCOME FAMILY.—The term ‘‘low-in8 come family’’ has the meaning given that term in 

9 section 3(b) of the United States Housing Act of 

10 1937 (42 U.S.C. 1437a(b)). 

11 (12) METROPOLITAN PLANNING ORGANIZA12 TION.—The term ‘‘metropolitan planning organiza13 tion’’ means a metropolitan planning organization 

14 described in section 134(b) of title 23, United States 

15 Code or section 5303(b) of title 49, United States 

16 Code. 

17 (13) OFFICE.—The term ‘‘Office’’ means the 

18 Office of Sustainable Housing and Communities es19 tablished under section 5. 

20 (14) REGIONAL COUNCIL.—The term ‘‘regional 

21 council’’ means a multiservice regional organization 

22 with State and locally defined boundaries that is— 

23 (A) accountable to units of general local 

24 government; 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•S 1621 IS

1 (B) delivers a variety of Federal, State, 

2 and local programs; and 

3 (C) performs planning functions and pro4 vides professional and technical assistance. 

5 (15) RURAL PLANNING ORGANIZATION.—The 

6 term ‘‘rural planning organization’’ means a vol7 untary regional organization of local elected officials 

8 and representatives of local transportation systems 

9 that— 

10 (A) works in cooperation with the depart11 ment of transportation (or equivalent entity) of 

12 a State to plan transportation networks and ad13 vise officials of the State on transportation 

14 planning; and 

15 (B) is located in a rural area— 

16 (i) with a population of not less than 

17 5,000; and 

18 (ii) that is not located in an area rep19 resented by a metropolitan planning orga20 nization. 

21 (16) SECRETARY.—The term ‘‘Secretary’’ 

22 means the Secretary of Housing and Urban Develop23 ment. 

24 (17) STATE.—The term ‘‘State’’ has the mean25 ing given that term by the Secretary, by rule. 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•S 1621 IS

1 (18) TRANSIT-ORIENTED DEVELOPMENT.—The 

2 term ‘‘transit-oriented development’’ means high3 density, walkable, location-efficient, mixed-use devel4 opment, including commercial development, afford5 able housing, and market-rate housing, that is with6 in walking distance of and accessible to 1 or more 

7 public transportation facilities. 

8 (19) UNIT OF GENERAL LOCAL GOVERN9 MENT.—The term ‘‘unit of general local govern10 ment’’ means— 

11 (A) a city, county, town, township, parish, 

12 village, or other general purpose political sub13 division of a State; or 

14 (B) a combination of general purpose polit15 ical subdivisions, as determined by the Sec16 retary. 

17 (20) UNIT OF SPECIAL PURPOSE LOCAL GOV18 ERNMENT.—The term ‘‘unit of special purpose local 

19 government’’— 

20 (A) means a division of a unit of general 

21 purpose government that serves a special pur22 pose and does not provide a broad array of 

23 services; and 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•S 1621 IS

1 (B) includes an entity such as a school dis2 trict, a housing agency, a transit agency, and a 

3 parks and recreation district. 

4 (21) VERY LOW-INCOME FAMILY.—The term 

5 ‘‘very low-income family’’ has the same meaning as 

6 in section 3(b) of the United States Housing Act of 

7 1937 (42 U.S.C. 1437a(b)). 

8 SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMU9 NITIES. 

10 (a) OFFICE ESTABLISHED.—There is established in 

11 the Department an Office of Sustainable Housing and 

12 Communities, which shall— 

13 (1) coordinate Federal policies that— 

14 (A) encourage locally directed comprehen15 sive and integrated planning and development 

16 at the State, regional, and local levels; 

17 (B) encourage coordinated public invest18 ments through the development of comprehen19 sive regional plans; 

20 (C) provide long-term affordable, acces21 sible, energy-efficient, healthy, location-efficient 

22 housing choices for people of all ages, incomes, 

23 races, and ethnicities, particularly for low-, very 

24 low-, and extremely low-income families; and 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

•S 1621 IS

1 (D) achieve other goals consistent with the 

2 purposes of this Act; 

3 (2) review Federal programs and policies to de4 termine barriers to interagency collaboration and 

5 make recommendations to promote the ability of 

6 local communities to access resources in the Depart7 ment and throughout the Federal Government and 

8 coordinate with and conduct outreach to Federal 

9 agencies, including the Department of Transpor10 tation and the Environmental Protection Agency, on 

11 methods to reduce duplicative programs and improve 

12 the efficiency and effectiveness of programs within 

13 the Department of Transportation, the Environ14 mental Protection Agency, and the Department of 

15 Housing and Urban Development; 

16 (3) conduct research and advise the Secretary 

17 on the research agenda of the Department relating 

18 to coordinated development, in collaboration with the 

19 Office of Policy Development and Research of the 

20 Department; 

21 (4) implement and oversee the grant programs 

22 established under this Act by— 

23 (A) developing the process and format for 

24 grant applications for each grant program; 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•S 1621 IS

1 (B) promulgating regulations or guidance 

2 relating to each grant program; 

3 (C) selecting recipients of grants under 

4 each grant program; 

5 (D) creating performance measures for re6 cipients of grants under each grant program; 

7 (E) developing technical assistance and 

8 other guidance to assist recipients of grants and 

9 potential applicants for grants under each grant 

10 program; 

11 (F) monitoring and evaluating the per12 formance of recipients of grants under each 

13 grant program; and 

14 (G) carrying out such other activities relat15 ing to the administration of the grant programs 

16 under this Act as the Secretary determines are 

17 necessary; 

18 (5) provide guidance, information on best prac19 tices, and technical assistance to communities seek20 ing to adopt sustainable development policies and 

21 practices; 

22 (6) administer initiatives of the Department re23 lating to the policies described in paragraph (1), as 

24 determined by the Secretary; and 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•S 1621 IS

1 (7) work with the Federal Transit Administra2 tion of the Department of Transportation and other 

3 offices and administrations of the Department of 

4 Transportation, as appropriate— 

5 (A) to encourage transit-oriented develop6 ment; and 

7 (B) to coordinate Federal housing, commu8 nity development, and transportation policies, 

9 including the policies described in paragraph 

10 (1). 

11 (b) DIRECTOR.—The head of the Office shall be the 

12 Director of the Office of Sustainable Housing and Com13 munities. 

14 (c) DUTIES RELATING TO GRANT PROGRAMS.— 

15 (1) IN GENERAL.—The Director shall carry out 

16 the grant programs established under this Act. 

17 (2) SMALL AND RURAL COMMUNITIES GRANTS

18 PROGRAM.—The Director shall coordinate with the 

19 Secretary of Agriculture to make grants to small 

20 and rural communities under sections 7 and 8. 

21 (3) TECHNICAL ASSISTANCE FOR GRANT RE22 CIPIENTS AND APPLICANTS.—The Director may— 

23 (A) coordinate with other Federal agencies 

24 to establish interagency and multidisciplinary 

25 teams to provide technical assistance to recipiVerDate Mar 15 2010 23:40 Sep 26, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1621.IS S1621

rfrederick on DSK6VPTVN1PROD with BILLS
14 

•S 1621 IS

1 ents of, and prospective applicants for, grants 

2 under this Act; 

3 (B) by Federal interagency agreement, 

4 transfer funds to another Federal agency to fa5 cilitate and support technical assistance; and 

6 (C) make contracts with third parties to 

7 provide technical assistance to grant recipients 

8 and prospective applicants for grants. 

9 SEC. 6. COMPREHENSIVE PLANNING GRANT PROGRAM. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘consortium of units of general 

12 local governments’’ means a consortium of geo13 graphically contiguous units of general local govern14 ment that the Secretary determines— 

15 (A) represents all or part of a metropolitan 

16 statistical area, a micropolitan statistical area, 

17 or a noncore area; 

18 (B) has the authority under State, tribal, 

19 or local law to carry out planning activities, in20 cluding surveys, land use studies, environmental 

21 or public health analyses, and development of 

22 urban revitalization plans; and 

23 (C) has provided documentation to the 

24 Secretary sufficient to demonstrate that the 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•S 1621 IS

1 purpose of the consortium is to carry out a 

2 project using a grant awarded under this Act; 

3 (2) the term ‘‘eligible entity’’ means— 

4 (A) a partnership between a consortium of 

5 units of general local government and an eligi6 ble partner; or 

7 (B) an Indian tribe, if— 

8 (i) the Indian tribe has— 

9 (I) a tribal entity that performs 

10 housing and land use planning func11 tions; and 

12 (II) a tribal entity that performs 

13 transportation and transportation 

14 planning functions; and 

15 (ii) the Secretary determines that the 

16 isolated location and land expanse of the 

17 Indian tribe require the Secretary to treat 

18 the tribe as an eligible entity for purposes 

19 of carrying out activities using a grant 

20 under this section; 

21 (3) the term ‘‘eligible partner’’ means— 

22 (A) a metropolitan planning organization, 

23 a rural planning organization, or a regional 

24 council; or 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•S 1621 IS

1 (B) a metropolitan planning organization, 

2 a rural planning organization, or a regional 

3 council, and— 

4 (i) a State; 

5 (ii) an Indian tribe; 

6 (iii) a State and an Indian tribe; or 

7 (iv) an institution of higher education; 

8 (4) the term ‘‘grant program’’ means the com9 prehensive planning grant program established 

10 under subsection (b); and 

11 (5) the term ‘‘noncore area’’ means a county or 

12 group of counties that are not designated by the Of13 fice of Management and Budget as a micropolitan 

14 statistical area or metropolitan statistical area. 

15 (b) COMPREHENSIVE PLANNING GRANT PROGRAM

16 ESTABLISHED.—The Director shall establish a com17 prehensive planning grant program to make grants to eli18 gible entities to carry out a project— 

19 (1) to coordinate locally defined planning proc20 esses, across jurisdictions and agencies; 

21 (2) to identify regional partnerships for devel22 oping and implementing a comprehensive regional 

23 plan; 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•S 1621 IS

1 (3) to conduct or update assessments to deter2 mine regional needs and promote economic and com3 munity development; 

4 (4) to develop or update— 

5 (A) a comprehensive regional plan; or 

6 (B) goals and strategies to implement an 

7 existing comprehensive regional plan and other 

8 related activities; and 

9 (5) to identify local zoning and other code 

10 changes necessary to implement a comprehensive re11 gional plan and promote sustainable development. 

12 (c) GRANTS.— 

13 (1) DIVERSITY OF GRANTEES.—The Director 

14 shall ensure geographic diversity among and ade15 quate representation from each of the following cat16 egories: 

17 (A) SMALL AND RURAL COMMUNITIES.— 

18 Eligible entities that represent all or part of a 

19 noncore area, a micropolitan area, or a small 

20 metropolitan statistical area with a population 

21 of not more than 200,000. 

22 (B) MID-SIZED METROPOLITAN COMMU23 NITIES.—Eligible entities that represent all or 

24 part of a metropolitan statistical area with a 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•S 1621 IS

1 population of more than 200,000 and not more 

2 than 500,000. 

3 (C) LARGE METROPOLITAN COMMU4 NITIES.—Eligible entities that represent all or 

5 part of a metropolitan statistical area with a 

6 population of more than 500,000. 

7 (2) AWARD OF FUNDS TO SMALL AND RURAL

8 COMMUNITIES.— 

9 (A) IN GENERAL.—The Director shall— 

10 (i) award not less than 15 percent of 

11 the funds under the grant program to eli12 gible entities described in paragraph 

13 (1)(A); and 

14 (ii) ensure diversity among the geo15 graphic regions and the size of the popu16 lation of the communities served by recipi17 ents of grants that are eligible entities de18 scribed in paragraph (1)(A). 

19 (B) INSUFFICIENT APPLICATIONS.—If the 

20 Director determines that insufficient approvable 

21 applications have been submitted by eligible en22 tities described in paragraph (1)(A), the Direc23 tor may award less than 15 percent of the 

24 funds under the grant program to eligible enti25 ties described in paragraph (1)(A). 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•S 1621 IS

1 (3) FEDERAL SHARE.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the Federal share of the cost 

4 of a project carried out using a grant under the 

5 grant program may not exceed 80 percent. 

6 (B) EXCEPTIONS.— 

7 (i) SMALL AND RURAL COMMU8 NITIES.—In the case of an eligible entity 

9 described in paragraph (1)(A), the Federal 

10 share of the cost of a project carried out 

11 using a grant under the grant program 

12 may be 90 percent. 

13 (ii) INDIAN TRIBES.—In the case of 

14 an eligible entity that is an Indian tribe, 

15 the Federal share of the cost of a project 

16 carried out using a grant under the grant 

17 program may be 100 percent. 

18 (C) NON-FEDERAL SHARE.— 

19 (i) IN-KIND CONTRIBUTIONS.—For 

20 the purposes of this section, in-kind con21 tributions may be used for all or part of 

22 the non-Federal share of the cost of a 

23 project carried out using a grant under the 

24 grant program. 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•S 1621 IS

1 (ii) OTHER FEDERAL FUNDING.— 

2 Federal funding from sources other than 

3 the grant program may not be used for the 

4 non-Federal share of the cost of a project 

5 carried out using a grant under the grant 

6 program. 

7 (4) AVAILABILITY OF FUNDS.— 

8 (A) IN GENERAL.—An eligible entity that 

9 receives a grant under the grant program 

10 shall— 

11 (i) obligate any funds received under 

12 the grant program not later than 2 years 

13 after the date on which the grant agree14 ment under subsection (g) is made; and 

15 (ii) expend any funds received under 

16 the grant program not later than 4 years 

17 after the date on which the grant agree18 ment under subsection (g) is made. 

19 (B) UNOBLIGATED AMOUNTS.—After the 

20 date described in subparagraph (A)(i), the Sec21 retary may award to another eligible entity, to 

22 carry out activities under this section, any 

23 amounts that an eligible entity has not obli24 gated under subparagraph (A)(i). 

25 (d) APPLICATION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•S 1621 IS

1 (1) IN GENERAL.—An eligible entity that de2 sires a grant under this section shall submit to the 

3 Director an application, at such time and in such 

4 manner as the Director shall prescribe, that con5 tains— 

6 (A) a description of the project proposed to 

7 be carried out by the eligible entity; 

8 (B) a budget for the project that includes 

9 the anticipated Federal share of the cost of the 

10 project and a description of the source of the 

11 non-Federal share; 

12 (C) the designation of a lead agency or or13 ganization, which may be the eligible entity, to 

14 receive and manage any funds received by the 

15 eligible entity under the grant program; 

16 (D) a signed copy of a memorandum of 

17 understanding among local jurisdictions, includ18 ing, as appropriate, a State, a tribe, units of 

19 general purpose local government, units of spe20 cial purpose local government, metropolitan 

21 planning organizations, rural planning organi22 zations, and regional councils that dem23 onstrates— 

24 (i) the creation of an eligible entity; 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

•S 1621 IS

1 (ii) a description of the nature and ex2 tent of planned collaboration between the 

3 eligible entity and any partners of the eligi4 ble entity; 

5 (iii) a commitment to develop a com6 prehensive regional plan; and 

7 (iv) a commitment to implement the 

8 plan after the plan is developed; 

9 (E) a certification that the eligible entity 

10 has— 

11 (i) secured the participation, or made 

12 a good-faith effort to secure the participa13 tion, of transportation providers and public 

14 housing agencies within the area affected 

15 by the comprehensive regional plan and the 

16 entities described in clause (ii); and 

17 (ii) created, or will create not later 

18 than 1 year after the date of the grant 

19 award, a regional advisory board to provide 

20 input and feedback on the development of 

21 the comprehensive regional plan that in22 cludes representatives of a State, the met23 ropolitan planning organization, the rural 

24 planning organization, the regional council, 

25 local jurisdictions, non-profit organizations, 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•S 1621 IS

1 and others, as deemed appropriate by the 

2 eligible entity, given the local context of 

3 the comprehensive planning effort; and 

4 (F) a certification that the eligible entity 

5 has solicited public comment on the contents of 

6 the project description under subparagraph (A) 

7 that includes— 

8 (i) a description of the process for re9 ceiving public comment relating to the pro10 posal; and 

11 (ii) such other information as the Di12 rector may require; 

13 (G) a description of how the eligible entity 

14 will carry out the activities under subsection (f); 

15 and 

16 (H) such additional information as the Di17 rector may require. 

18 (2) INDIAN TRIBES.—An eligible entity that is 

19 an Indian tribe is not required to submit the certifi20 cation under paragraph (1)(E). 

21 (e) SELECTION.—In evaluating an application for a 

22 grant under the grant program, the Director shall con23 sider the extent to which the application— 

24 (1) demonstrates the technical capacity of the 

25 eligible entity to carry out the project; 


rfrederick on DSK6VPTVN1PROD with BILLS
24 

•S 1621 IS

1 (2) demonstrates the extent to which the con2 sortium has developed partnerships throughout an 

3 entire region, including, as appropriate, partnerships 

4 with the entities described in subsection (d)(1)(D); 

5 (3) demonstrates integration with local efforts 

6 in economic development and job creation; 

7 (4) demonstrates a strategy for implementing a 

8 comprehensive regional plan through regional infra9 structure investment plans and local land use plans; 

10 (5) promotes diversity among the geographic re11 gions and the size of the population of the commu12 nities served by recipients of grants under this sec13 tion; 

14 (6) demonstrates a commitment to seeking sub15 stantial public input during the planning process 

16 and public participation in the development of the 

17 comprehensive regional plan; 

18 (7) demonstrates that a Federal grant is nec19 essary to accomplish the project proposed to be car20 ried out; 

21 (8) minimizes the Federal share necessary to 

22 carry out the project and leverages State, local, or 

23 private resources; 

24 (9) has a high quality overall; and 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

•S 1621 IS

1 (10) demonstrates such other qualities as the 

2 Director may determine. 

3 (f) ELIGIBLE ACTIVITIES.—An eligible entity that re4 ceives a grant under this section shall carry out a project 

5 that includes 1 or more of the following activities: 

6 (1) Coordinating locally defined planning proc7 esses across jurisdictions and agencies. 

8 (2) Identifying potential regional partnerships 

9 for developing and implementing a comprehensive 

10 regional plan. 

11 (3) Conducting or updating assessments to de12 termine regional needs, including healthy housing, 

13 and promote economic and community development. 

14 (4) Developing or updating— 

15 (A) a comprehensive regional plan; or 

16 (B) goals and strategies to implement an 

17 existing comprehensive regional plan. 

18 (5) Implementing local zoning and other code 

19 changes necessary to implement a comprehensive re20 gional plan and promote sustainable development. 

21 (g) GRANT AGREEMENT.—Each eligible entity that 

22 receives a grant under this section shall agree to establish, 

23 in coordination with the Director, performance measures, 

24 reporting requirements, and any other requirements that 

25 the Director determines are necessary, that must be met 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

•S 1621 IS

1 at the end of each year in which the eligible entity receives 

2 funds under the grant program. 

3 (h) PUBLIC OUTREACH.— 

4 (1) OUTREACH REQUIRED.—Each eligible entity 

5 that receives a grant under the grant program shall 

6 perform substantial outreach activities— 

7 (A) to engage a broad cross-section of 

8 community stakeholders in the process of devel9 oping a comprehensive regional plan, including 

10 low-income families, minorities, older adults, 

11 and economically disadvantaged community 

12 members; and 

13 (B) to create an effective means for stake14 holders to participate in the development and 

15 implementation of a comprehensive regional 

16 plan. 

17 (2) FINALIZATION OF COMPREHENSIVE RE18 GIONAL PLAN.— 

19 (A) IN GENERAL.—An eligible entity that 

20 receives a grant under the grant program may 

21 not finalize a comprehensive regional plan be22 fore the eligible entity holds a public hearing to 

23 obtain the views of citizens, public agencies, and 

24 other interested parties. 


rfrederick on DSK6VPTVN1PROD with BILLS
27 

•S 1621 IS

1 (B) AVAILABILITY OF INFORMATION.—Not 

2 later than 30 days before a hearing described in 

3 subparagraph (A), an eligible entity shall make 

4 the proposed comprehensive regional plan and 

5 all information relevant to the hearing available 

6 to the public for inspection during normal busi7 ness hours. 

8 (C) NOTICE.—Not later than 30 days be9 fore a hearing described in subparagraph (A), 

10 an eligible entity shall publish notice— 

11 (i) of the hearing; and 

12 (ii) that the information described in 

13 subparagraph (B) is available. 

14 (i) VIOLATION OF GRANT AGREEMENT OR FAILURE

15 TO COMPLY WITH PUBLIC OUTREACH REQUIREMENTS.— 

16 If the Director determines that an eligible entity has not 

17 met the performance measures established under sub18 section (g), is not making reasonable progress toward 

19 meeting such measures, is otherwise in violation of the 

20 grant agreement, or has not complied with the public out21 reach requirements under subsection (h), the Director 

22 may— 

23 (1) withhold financial assistance until the re24 quirements under the grant agreement or under sub25 section (h), as applicable, are met; or 


rfrederick on DSK6VPTVN1PROD with BILLS
28 

•S 1621 IS

1 (2) terminate the grant agreement. 

2 (j) REPORT ON THE COMPREHENSIVE PLANNING

3 GRANT.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date on which the grant agreement under sub6 section (g) expires, an eligible entity that receives a 

7 grant under the grant program shall submit a final 

8 report on the project to the Secretary. 

9 (2) CONTENTS OF REPORT.—The report shall 

10 include— 

11 (A) a detailed explanation of the activities 

12 undertaken using the grant, including an expla13 nation of the completed project and how it 

14 achieves specific transit-oriented, transpor15 tation, housing, or sustainable community goals 

16 within the region; 

17 (B) a discussion of any obstacles encoun18 tered in the planning process and how the eligi19 ble entity overcame the obstacles; 

20 (C) an evaluation of the success of the 

21 project using the performance standards and 

22 measures established under subsection (g), in23 cluding an evaluation of the planning process 

24 and how the project contributes to carrying out 

25 the comprehensive regional plan; and 


rfrederick on DSK6VPTVN1PROD with BILLS
29 

•S 1621 IS

1 (D) any other information the Director 

2 may require. 

3 (3) INTERIM REPORT.—The Director may re4 quire an eligible entity to submit an interim report, 

5 before the date on which the project for which the 

6 grant is awarded is completed. 

7 (k) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) AUTHORIZATION.—There are authorized to 

9 be appropriated to the Secretary for the award of 

10 grants under this section, to remain available until 

11 expended— 

12 (A) $100,000,000 for fiscal year 2012; and 

13 (B) $125,000,000 for each of fiscal years 

14 2013 through 2016. 

15 (2) TECHNICAL ASSISTANCE.—The Director 

16 may use not more than 2 percent of the amounts 

17 made available under this subsection for a fiscal 

18 year for technical assistance under section 5(c)(3). 

19 SEC. 7. COMMUNITY CHALLENGE GRANT PROGRAM. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the terms ‘‘consortium of units of general 

22 local governments’’, ‘‘eligible entity’’, and ‘‘eligible 

23 partner’’ have the same meaning as in section 6; and 


rfrederick on DSK6VPTVN1PROD with BILLS
30 

•S 1621 IS

1 (2) the term ‘‘grant program’’ means the com2 munity challenge grant program established under 

3 subsection (b). 

4 (b) COMMUNITY CHALLENGE GRANT PROGRAM ES5 TABLISHED.—The Director shall establish a community 

6 challenge grant program to make grants to eligible entities 

7 to— 

8 (1) promote integrated planning and invest9 ments across policy and governmental jurisdictions; 

10 and 

11 (2) implement projects identified in a com12 prehensive regional plan. 

13 (c) GRANTS.— 

14 (1) DIVERSITY OF GRANTEES.—The Director 

15 shall ensure geographic diversity among and ade16 quate representation from eligible entities in each of 

17 the categories described in section 6(c)(1). 

18 (2) TERMS AND CONDITIONS.—Except as other19 wise provided in this section, a grant under the 

20 grant program shall be made on the same terms and 

21 conditions as a grant under section 6. 

22 (3) EXPENDING FUNDS.—An eligible entity 

23 that receives a grant under the grant program shall 

24 expend any funds received under the grant program 


rfrederick on DSK6VPTVN1PROD with BILLS
31 

•S 1621 IS

1 not later than 5 years after the date on which the 

2 grant agreement under subsection (g) is made. 

3 (d) APPLICATION.— 

4 (1) CONTENTS.—An eligible entity that desires 

5 a grant under the grant program shall submit to the 

6 Director an application, at such time and in such 

7 manner as the Director shall prescribe, that con8 tains— 

9 (A) a copy of the comprehensive regional 

10 plan, whether developed as part of the com11 prehensive planning grant program under sec12 tion 6 or developed independently; 

13 (B) a description of the project or projects 

14 proposed to be carried out using a grant under 

15 the grant program; 

16 (C) a description of any preliminary ac17 tions that have been or must be taken at the 

18 local or regional level to implement the project 

19 or projects under subparagraph (B), including 

20 the revision of land use or zoning policies; 

21 (D) a signed copy of a memorandum of 

22 understanding among local jurisdictions, includ23 ing, as appropriate, a State, units of general 

24 purpose local government, units of special pur25 pose local government, metropolitan planning 


rfrederick on DSK6VPTVN1PROD with BILLS
32 

•S 1621 IS

1 organizations, rural planning organizations, and 

2 regional councils that demonstrates— 

3 (i) the creation of a consortium of 

4 units of general local government; and 

5 (ii) a commitment to implement the 

6 activities described in the comprehensive 

7 regional plan; and 

8 (E) a certification that the eligible entity 

9 has solicited public comment on the contents of 

10 the project or projects described in subpara11 graph (B) that includes— 

12 (i) a certification that the eligible en13 tity made information about the project or 

14 projects available and afforded citizens, 

15 public agencies, and other interested par16 ties a reasonable opportunity to examine 

17 the content of the project or projects and 

18 to submit comments; 

19 (ii) a description of the process for re20 ceiving public comment, and a description 

21 of the outreach efforts to affected popu22 lations and stakeholders; 

23 (iii) a certification that the eligible en24 tity— 


rfrederick on DSK6VPTVN1PROD with BILLS
33 

•S 1621 IS

1 (I) held a public hearing to ob2 tain the views of citizens, public agen3 cies, and other interested parties; 

4 (II) made the proposed project 

5 and all information relevant to the 

6 hearing available for inspection by the 

7 public during normal business hours 

8 not less than 30 days before the hear9 ing under subclause (I); and 

10 (III) published a notice informing 

11 the public of the hearing under sub12 clause (I) and the availability of the 

13 information described in subclause 

14 (II); and 

15 (F) a budget for the project that includes 

16 the Federal share of the cost of the project or 

17 projects requested and a description of the 

18 source of the non-Federal share; and 

19 (G) such additional information as the Di20 rector may require. 

21 (2) INDIAN TRIBES.—An eligible entity that is 

22 an Indian tribe is not required to submit a memo23 randum of understanding under paragraph (1)(D). 


rfrederick on DSK6VPTVN1PROD with BILLS
34 

•S 1621 IS

1 (e) SELECTION.—In evaluating an application for a 

2 grant under the grant program, the Director shall con3 sider the extent to which the application— 

4 (1) demonstrates the technical capacity of the 

5 eligible entity to carry out the project; 

6 (2) demonstrates the extent to which the eligi7 ble entity has developed partnerships throughout an 

8 entire region, including partnerships with units of 

9 special purpose local government and transportation 

10 providers; 

11 (3) demonstrates clear and meaningful inter12 jurisdictional cooperation and coordination of hous13 ing (including healthy housing), transportation, and 

14 environmental policies and plans; 

15 (4) demonstrates a commitment to imple16 menting a comprehensive regional plan and docu17 ments action taken or planned to implement the 

18 plan; 

19 (5) minimizes the Federal share necessary to 

20 carry out the project and leverages a significant 

21 amount of State, local, or private resources; 

22 (6) identifies original and innovative ideas to 

23 overcoming regional problems, including local land 

24 use and zoning (or other code) obstacles to carrying 

25 out the comprehensive regional plan; 


rfrederick on DSK6VPTVN1PROD with BILLS
35 

•S 1621 IS

1 (7) promotes diversity among the geographic re2 gions and the size of the population of the commu3 nities served by recipients of grants under the grant 

4 program; 

5 (8) demonstrates a commitment to substantial 

6 public input throughout the implementation process; 

7 (9) demonstrates that a Federal grant is nec8 essary to accomplish the project or projects proposed 

9 to be carried out; 

10 (10) has a high quality overall; and 

11 (11) demonstrates such other qualities as the 

12 Director may determine. 

13 (f) GRANT ACTIVITIES.— 

14 (1) PLANNING ACTIVITIES.—An eligible entity 

15 that receives a grant under the grant program may 

16 use not more than 10 percent of the grant for plan17 ning activities. Activities related to the updating, re18 form, or development of a local code, plan, or ordi19 nance to implement projects contained in a com20 prehensive regional plan shall not be considered 

21 planning activities for the purposes of a grant under 

22 the grant program. 

23 (2) PROJECTS AND INVESTMENTS.—An eligible 

24 entity that receives a grant under the grant program 

25 shall carry out 1 or more projects that are designed 


rfrederick on DSK6VPTVN1PROD with BILLS
36 

•S 1621 IS

1 to achieve the goals identified in a comprehensive re2 gional plan. 

3 (g) GRANT AGREEMENT.—Each eligible entity that 

4 receives a grant under the grant program shall agree to 

5 establish, in coordination with the Director, performance 

6 measures, reporting requirements, and any other require7 ments that the Director determines are necessary, that 

8 must be met at the end of each year in which the eligible 

9 entity receives funds under the grant program. 

10 (h) VIOLATION OF GRANT AGREEMENT.—If the Di11 rector determines that an eligible entity has not met the 

12 performance measures established under subsection (g), is 

13 not making reasonable progress toward meeting such 

14 measures, or is otherwise in violation of the grant agree15 ment, the Director may— 

16 (1) withhold financial assistance until the re17 quirements under the grant agreement are met; or 

18 (2) terminate the grant agreement. 

19 (i) REPORT ON THE COMMUNITY CHALLENGE

20 GRANT.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date on which the grant agreement under sub23 section (g) expires, an eligible entity that receives a 

24 grant under the grant program shall submit a final 

25 report on the project to the Secretary. 


rfrederick on DSK6VPTVN1PROD with BILLS
37 

•S 1621 IS

1 (2) CONTENTS OF REPORT.—The report shall 

2 include— 

3 (A) a detailed explanation of the activities 

4 undertaken using the grant, including an expla5 nation of the completed project and how it 

6 achieves specific transit-oriented, transpor7 tation, housing, or sustainable community goals 

8 within the region; 

9 (B) a discussion of any obstacles encoun10 tered in the planning and implementation proc11 ess and how the eligible entity overcame the ob12 stacles; 

13 (C) an evaluation of the success of the 

14 project using the performance standards and 

15 measures established under subsection (g), in16 cluding an evaluation of the planning and im17 plementation process and how the project con18 tributes to carrying out the comprehensive re19 gional plan; and 

20 (D) any other information the Director 

21 may require. 

22 (3) INTERIM REPORT.—The Director may re23 quire an eligible entity to submit an interim report, 

24 before the date on which the project for which the 

25 grant is awarded is completed. 


rfrederick on DSK6VPTVN1PROD with BILLS
38 

•S 1621 IS

1 (j) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) AUTHORIZATION.—There are authorized to 

3 be appropriated to the Secretary for the award of 

4 grants under this section, to remain available until 

5 expended— 

6 (A) $30,000,000 for each of fiscal years 

7 2012 and 2013; 

8 (B) $35,000,000 for fiscal year 2014; 

9 (C) $40,000,000 for fiscal year 2015; and 

10 (D) $45,000,000 for fiscal year 2016. 

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

12 DEVELOPMENT. 

13 (a) DEFINITIONS.—In this section— 

14 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

15 applicant’’ means a State or local government. 

16 (2) ELIGIBLE AREA.—The term ‘‘eligible area’’ 

means the area within 1 17 ⁄2 mile of an existing or 

18 planned major transit facility. 

19 (3) ELIGIBLE BORROWER.—The term ‘‘eligible 

20 borrower’’ means— 

21 (A) a governmental entity, authority, agen22 cy, or instrumentality; 

23 (B) a corporation, partnership, joint ven24 ture, or trust on behalf of which an eligible apVerDate Mar 15 2010 23:40 Sep 26, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1621.IS S1621

rfrederick on DSK6VPTVN1PROD with BILLS
39 

•S 1621 IS

1 plicant has submitted an application under sub2 section (c); or 

3 (C) any other legal entity undertaking an 

4 infrastructure development project on behalf of 

5 which an eligible applicant has submitted an 

6 application under subsection (c). 

7 (4) MAJOR TRANSIT FACILITY.—The term 

8 ‘‘major transit facility’’ means— 

9 (A) a fixed-guideway transit station; 

10 (B) a high speed rail or intercity rail sta11 tion; 

12 (C) a transit hub connecting more than 3 

13 local transit lines; or 

14 (D) a transit center located in an area 

15 other than an urbanized area. 

16 (5) PLANNED MAJOR TRANSIT FACILITY.—The 

17 term ‘‘planned major transit facility’’ means a major 

18 transit facility for which appropriate environmental 

19 reviews have been completed and for which funding 

20 for construction can be reasonably anticipated. 

21 (6) PROJECT.—The term ‘‘project’’ means an 

22 infrastructure project that is used to support a tran23 sit-oriented development in an eligible area, includ24 ing— 


rfrederick on DSK6VPTVN1PROD with BILLS
40 

•S 1621 IS

1 (A) property enhancement, including con2 ducting environmental remediation, park devel3 opment, and open space acquisition; 

4 (B) improvement of mobility and parking, 

5 including rehabilitating, or providing for addi6 tional, streets, transit stations, structured park7 ing, walkways, and bikeways; 

8 (C) utility development, including rehabili9 tating existing, or providing for new drinking 

10 water, wastewater, electric, and gas utilities; or 

11 (D) community facilities, including child 

12 care centers. 

13 (b) LOAN PROGRAM ESTABLISHED.—The Secretary 

14 may make or guarantee loans under this section to eligible 

15 borrowers for projects. 

16 (c) APPLICATION.— 

17 (1) IN GENERAL.—An eligible applicant may 

18 submit to the Secretary an application for a loan or 

19 loan guarantee under this section— 

20 (A) to fund a project carried out by the eli21 gible applicant; or 

22 (B) on behalf of an eligible borrower, to 

23 fund a project carried out by the eligible bor24 rower. 

25 (d) SELECTION CRITERIA.— 


rfrederick on DSK6VPTVN1PROD with BILLS
41 

•S 1621 IS

1 (1) IN GENERAL.—The Secretary may make a 

2 loan or loan guarantee under this section for a 

3 project that— 

4 (A) is part of a community-wide develop5 ment plan, as defined by the Secretary; 

6 (B) promotes sustainable development; and 

7 (C) ensures that not less than 15 percent 

8 of any housing units constructed or substan9 tially rehabilitated as part of transit-oriented 

10 development supported by the project are af11 fordable over the long-term to, and occupied at 

12 time of initial occupancy by— 

13 (i) renters with incomes at or below 

14 60 percent of the area median; or 

15 (ii) homeowners with incomes at or 

16 below 100 percent of the area median. 

17 (2) CONSIDERATIONS.—The Secretary shall se18 lect the recipients of loans and loan guarantees 

19 under this section based on the extent to which— 

20 (A) the transit-oriented development sup21 ported by the project will encourage increased 

22 use of transit; 

23 (B) the transit-oriented development sup24 ported by the project will create or preserve 

25 long-term affordable housing units in addition 


rfrederick on DSK6VPTVN1PROD with BILLS
42 

•S 1621 IS

1 to the housing units required to be made avail2 able under paragraph (1)(C) or will provide 

3 deeper affordability than required under para4 graph (1)(C); 

5 (C) the project will facilitate and encour6 age additional development or redevelopment in 

7 the overall transit station area; 

8 (D) the local government has adopted poli9 cies that— 

10 (i) promote long-term affordable hous11 ing; and 

12 (ii) allow high-density, mixed-use de13 velopment near transit stations; 

14 (E) the transit-oriented development sup15 ported by the project is part of a comprehensive 

16 regional plan; 

17 (F) the eligible borrower has established a 

18 reliable, dedicated revenue source to repay the 

19 loan; 

20 (G) the project is not financially viable for 

21 the eligible borrower without a loan or loan 

22 guarantee under this section; and 

23 (H) a loan or loan guarantee under this 

24 section would be used in conjunction with non25 Federal loans to fund the project. 


rfrederick on DSK6VPTVN1PROD with BILLS
43 

•S 1621 IS

1 (e) ELIGIBLE SOURCES OF REPAYMENT.—A loan 

2 made or guaranteed under this section shall be repayable, 

3 in whole or in part, from dedicated revenue sources, which 

4 may include— 

5 (1) user fees; 

6 (2) property tax revenues; 

7 (3) sales tax revenues; 

8 (4) other revenue sources dedicated to the 

9 project by property owners and businesses; and 

10 (5) a bond or other indebtedness backed by one 

11 of the revenue sources listed in this paragraph. 

12 (f) INTEREST RATE.—The Secretary shall establish 

13 an interest rate for loans made or guaranteed under this 

14 section with reference to a benchmark interest rate (yield) 

15 on marketable Treasury securities with a maturity that 

16 is similar to the loans made or guaranteed under this sec17 tion. 

18 (g) MAXIMUM MATURITY.—The maturity of a loan 

19 made or guaranteed under this section may not exceed the 

20 lesser of— 

21 (1) 35 years; or 

22 (2) 90 percent of the useful life of any project 

23 to be financed by the loan, as determined by the 

24 Secretary. 

25 (h) MAXIMUM LOAN GUARANTEE RATE.— 


rfrederick on DSK6VPTVN1PROD with BILLS
44 

•S 1621 IS

1 (1) IN GENERAL.—The guarantee rate on a 

2 loan guaranteed under this section may not exceed 

3 75 percent of the amount of the loan. 

4 (2) LOWER GUARANTEE RATE FOR LOW-RISK

5 BORROWERS.—The Secretary shall establish a guar6 antee rate for loans to eligible borrowers that the 

7 Secretary determines pose a lower risk of default 

8 that is lower than the guarantee rate for loans to 

9 other eligible borrowers. 

10 (i) FEES.—The Secretary shall establish fees for 

11 loans made or guaranteed under this section at a level that 

12 is sufficient to cover all or part of the costs to the Federal 

13 Government of making or guaranteeing a loan under this 

14 section. 

15 (j) NONSUBORDINATION.—A loan made or guaran16 teed under this section may not be subordinated to the 

17 claims of any holder of an obligation relating to the project 

18 in the event of bankruptcy, insolvency, or liquidation. 

19 (k) COMMENCEMENT OF REPAYMENT.—The sched20 uled repayment of principal or interest on a loan made 

21 or guaranteed under this section shall commence not later 

22 than 5 years after the date of substantial completion of 

23 the project. 

24 (l) REPAYMENT DEFERRAL FOR LOANS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
45 

•S 1621 IS

1 (1) IN GENERAL.—If, at any time after the 

2 date of substantial completion of a project, the Sec3 retary determines that dedicated revenue sources of 

4 an eligible borrower are insufficient to make the 

5 scheduled loan repayments of principal and interest 

6 on a loan made or guaranteed under this section, the 

7 Secretary may, subject to criteria established by the 

8 Secretary, allow the eligible borrower to add unpaid 

9 principal and interest to the outstanding balance of 

10 the loan. 

11 (2) TREATMENT OF DEFERRED PAYMENTS.— 

12 Any payment deferred under this section shall— 

13 (A) continue to accrue interest until fully 

14 repaid; and 

15 (B) be scheduled to be amortized over the 

16 remaining term of the loan. 

17 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated for the cost of loans and 

19 loan guarantees under this section $20,000,000 for each 

20 of fiscal years 2012 through 2016. 

21 SEC. 9. HEALTHY HOMES. 

22 (a) FEDERAL INITIATIVE TO SUPPORT HEALTHY

23 HOUSING AND ERADICATE HOUSING-RELATED HEALTH

24 HAZARDS.—The Secretary, acting through the Director of 

25 the Office of Healthy Homes and Lead Hazard Control 


rfrederick on DSK6VPTVN1PROD with BILLS
46 

•S 1621 IS

1 and in consultation with the Secretary of Energy, the Ad2 ministrator of the Environmental Protection Agency, the 

3 Secretary of Agriculture, the Director of the National In4 stitute of Standards and Technology, the Director of the 

5 National Institute of Environmental Health Sciences, and 

6 the Director of the Centers for Disease Control, shall lead 

7 the Federal initiative to support healthy housing and 

8 eradicate housing-related health hazards by— 

9 (1) reviewing, monitoring, and evaluating Fed10 eral housing, health, energy, and environmental pro11 grams and identifying areas of overlap and duplica12 tion that could be improved; 

13 (2) identifying best practices and model pro14 grams, including practices and programs that link 

15 services for low-income families and services for 

16 health hazards; 

17 (3) identifying best practices for finance prod18 ucts, building codes, and regulatory practices; 

19 (4) researching training programs and work 

20 practices that can accurately assess housing-related 

21 health hazards; 

22 (5) promoting collaboration among Federal, 

23 State, local, and tribal agencies and non-govern24 mental organizations; and 


rfrederick on DSK6VPTVN1PROD with BILLS
47 

•S 1621 IS

1 (6) coordinating with all relevant Federal agen2 cies. 

3 (b) ASSESSMENT.—The Secretary shall conduct a 

4 collaborative, interagency assessment of best practices 

5 for— 

6 (1) coordinating activities relating to healthy 

7 housing; 

8 (2) removing unnecessary barriers to inter9 agency coordination in Federal statutes and regula10 tions; and 

11 (3) creating incentives in programs of the Fed12 eral Government to advance the complementary 

13 goals of improving environmental health, energy con14 servation, and the availability of housing. 

15 (c) STUDY AND REPORT ON SUSTAINABLE BUILDING

16 FEATURES AND INDOOR ENVIRONMENTAL QUALITY IN

17 HOUSING.— 

18 (1) STUDY.—The Secretary, in consultation 

19 with the Secretary of Energy, the Director of the 

20 National Institute of Standards and Technology, the 

21 Director of the National Institute of Environmental 

22 Health Sciences, the Director of the Centers for Dis23 ease Control, and any other Federal agency that the 

24 Secretary determines is appropriate, shall conduct a 


rfrederick on DSK6VPTVN1PROD with BILLS
48 

•S 1621 IS

1 detailed study of how sustainable building features 

2 in housing, such as energy efficiency, affect— 

3 (A) the quality of the indoor environment; 

4 (B) the prevalence of housing-related 

5 health hazards; and 

6 (C) the health of occupants of the housing. 

7 (2) REPORT.—Not later than 3 years after the 

8 date of enactment of this Act, the Secretary shall 

9 submit to the Committee on Banking, Housing, and 

10 Urban Affairs and the Committee on Appropriations 

11 of the Senate and the Committee on Financial Serv12 ices and the Committee on Appropriations of the 

13 House of Representatives a report containing the re14 sults of the study under paragraph (1). 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary to carry out this section. 

18 SEC. 10. INELIGIBILITY OF INDIVIDUALS WHO ARE NOT 

19 LAWFULLY PRESENT. 

20 No housing assisted using a grant under this Act may 

21 be made available to an individual who is not lawfully 

22 present in the United States. Nothing in this Act may be 

23 construed to alter the restrictions or definitions under secVerDate Mar 15 2010 23:40 Sep 26, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1621.IS S1621

rfrederick on DSK6VPTVN1PROD with BILLS
49 

•S 1621 IS

1 tion 214 of the Housing and Community Development Act 

2 of 1980 (42 U.S.C. 1436a). 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS