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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Reported in Senate (RS)]

                                                       Calendar No. 716
111th CONGRESS
  2d Session
                                S. 1619

  To establish the Office of Sustainable Housing and Communities, to 
   establish the Interagency Council on Sustainable Communities, to 
   establish a comprehensive planning grant program, to establish a 
    sustainability challenge grant program, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2009

   Mr. Dodd (for himself, Mr. Menendez, Mr. Merkley, Mr. Bennet, Mr. 
    Akaka, Mr. Schumer, Ms. Landrieu, Mr. Harkin, Mr. Franken, Mr. 
 Lieberman, Mr. Wyden, Mrs. Gillibrand, Mr. Reed, Mr. Lautenberg, Mr. 
  Cardin, Mr. Specter, Mr. Levin, Mr. Brown of Ohio, Mr. Warner, Mr. 
   Durbin, Mr. Sanders, Mrs. Shaheen, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

                           December 19, 2010

                Reported by Mr. Dodd, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To establish the Office of Sustainable Housing and Communities, to 
   establish the Interagency Council on Sustainable Communities, to 
   establish a comprehensive planning grant program, to establish a 
    sustainability challenge grant program, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Livable 
Communities Act of 2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Purposes.
<DELETED>Sec. 4. Definitions.
<DELETED>Sec. 5. Office of Sustainable Housing and Communities.
<DELETED>Sec. 6. Interagency Council on Sustainable Communities.
<DELETED>Sec. 7. Comprehensive planning grant program.
<DELETED>Sec. 8. Sustainability challenge grant program.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Demographic trends support the need for 
        cooperation in land use planning and the development of housing 
        and transportation. The population of the United States will 
        grow from approximately 307,000,000 people to approximately 
        439,000,000 people during the period between 2009 and 2050, an 
        increase of more than 40 percent.</DELETED>
        <DELETED>    (2) The demographic groups that are most likely to 
        use public transportation are the groups that are projected to 
        increase in size the most during the period between 2009 and 
        2025.</DELETED>
        <DELETED>    (3) By 2025, nearly 1 in every 5 people in the 
        United States will be 65 years of age or older.</DELETED>
        <DELETED>    (4) During the period between 1980 and 2000, the 
        growth of the largest 99 metropolitan areas in the continental 
        United States consumed 16,000,000 acres of rural land, or about 
        1 acre for every new household.</DELETED>
        <DELETED>    (5) In 2007, traffic congestion caused people in 
        large and small metropolitan areas of the United States to 
        waste 4,200,000,000 hours in traffic and to purchase an extra 
        2,800,000,000 gallons of fuel, for a congestion cost of 
        $87,200,000,000. This represents a 5-fold increase in wasted 
        time and cost since 1982.</DELETED>
        <DELETED>    (6) The Energy Information Administration of the 
        Department of Energy forecasts that driving will increase 59 
        percent between 2005 and 2030, far outpacing the projected 23 
        percent increase in population.</DELETED>
        <DELETED>    (7) According to the United States Census Bureau, 
        only 54 percent of households in the United States have access 
        to public transportation.</DELETED>
        <DELETED>    (8) In 2008, voters throughout the United States 
        approved State and local ballot initiatives that supported 
        public transportation 79 percent of the time, even when it 
        meant local taxes would be raised or continued.</DELETED>
        <DELETED>    (9) Demographers estimate that as much as 30 
        percent of current demand for housing is for housing in dense, 
        walkable, mixed-use communities, and that less than 2 percent 
        of new housing is in this category.</DELETED>
        <DELETED>    (10) The average household spends 19 percent of 
        its household budget on transportation, and some very low-
        income households spend as much as 55 percent of the household 
        budget on transportation. Households with good access to public 
        transportation spend only 9 percent of the household budget on 
        transportation, which increases the portion of the household 
        budget available for other critical household needs.</DELETED>
        <DELETED>    (11) The need for safe and affordable housing is 
        great. Fifty-four percent of renters spend more than 30 percent 
        of their income on housing costs, and 29 percent of renters pay 
        more than 50 percent of their income for housing. In 2007, 
        there was a shortage of 2,800,000 units of affordable housing 
        for extremely low-income renter households.</DELETED>
        <DELETED>    (12) People who live in areas of compact 
        development (where housing, shopping, jobs, and public 
        transportation are in close proximity) drive 20 to 40 percent 
        less than people who live in average development patterns in 
        the United States.</DELETED>
        <DELETED>    (13) When the effects of emissions savings from 
        passengers taking transit instead of driving and the reduction 
        in vehicle miles traveled due to the impact of transit on land 
        use are taken into account, public transportation in the United 
        States reduces carbon dioxide emissions by nearly 37,000,000 
        metric tons each year.</DELETED>
        <DELETED>    (14) Transportation accounts for 70 percent of the 
        oil consumed in the United States and nearly 
        </DELETED>\<DELETED>1/3</DELETED>\ <DELETED>of carbon emissions 
        in the United States come from the transportation sector. 
        Reducing the growth of the number of miles driven and providing 
        transportation alternatives through good planning and 
        sustainable development is a necessary part of the energy 
        independence and climate change strategies of the United 
        States.</DELETED>
        <DELETED>    (15) A number of studies, reports, and articles by 
        organizations including the Environmental Protection Agency, 
        the National Association of Realtors, and the Transit 
        Cooperative Research Project have found that one of the keys to 
        revitalizing and maintaining the character of town centers and 
        preserving surrounding agricultural land in small and rural 
        communities is to prevent commercial and residential 
        development on the outskirts of town, by promoting integrated 
        housing, economic, and transportation development in town 
        centers.</DELETED>
        <DELETED>    (16) More than 1,600,000 rural households do not 
        have access to cars.</DELETED>
        <DELETED>    (17) The burden of transportation costs is 
        especially heavy for low-income rural residents, because 
        residents of rural areas drive approximately 17 percent more 
        than residents of urban areas.</DELETED>
        <DELETED>    (18) Demand for public transportation in rural and 
        small town communities is growing. Between 2002 and 2005, 
        ridership on small urban and rural public transportation 
        systems increased 20 percent.</DELETED>
        <DELETED>    (19) Poorly planned development in rural areas can 
        fragment agricultural and forest lands, pollute waterways with 
        surface water runoff, cause unnecessary environmental impacts, 
        strain the capacity of rural roads, and sap economic vitality 
        from existing ``main street'' commercial areas.</DELETED>
        <DELETED>    (20) Funding for integrated housing, 
        transportation, energy, environmental, and economic development 
        and other land use planning efforts at the local and regional 
        levels is necessary to provide for sustainable development and 
        smart growth.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to facilitate and improve the coordination of 
        housing, community development, transportation, energy, and 
        environmental policy in the United States;</DELETED>
        <DELETED>    (2) to coordinate Federal policies and investments 
        to promote sustainable development;</DELETED>
        <DELETED>    (3) to encourage regional planning for livable 
        communities and the adoption of sustainable development 
        techniques, including transit-oriented development;</DELETED>
        <DELETED>    (4) to provide a variety of safe, reliable 
        transportation choices, with special emphasis on public 
        transportation and complete streets, in order to reduce traffic 
        congestion, greenhouse gas emissions, and dependence on foreign 
        oil;</DELETED>
        <DELETED>    (5) to provide affordable, energy-efficient, and 
        location-efficient housing choices for people of all ages, 
        incomes, races, and ethnicities, and to make the combined costs 
        of housing and transportation more affordable to 
        families;</DELETED>
        <DELETED>    (6) to support, revitalize, and encourage growth 
        in existing communities, in order to maximize the cost 
        effectiveness of existing infrastructure and preserve 
        undeveloped lands;</DELETED>
        <DELETED>    (7) to promote economic development and 
        competitiveness by connecting the housing and employment 
        locations of workers, reducing traffic congestion, and 
        providing families with access to essential services;</DELETED>
        <DELETED>    (8) to preserve the environment and natural 
        resources, including agricultural and rural land and green 
        spaces; and</DELETED>
        <DELETED>    (9) to support public health and improve quality 
        of life for the residents of and workers in communities by 
        promoting healthy, walkable neighborhoods, access to green 
        space, and the mobility to pursue greater 
        opportunities.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the following definitions shall 
apply:</DELETED>
        <DELETED>    (1) Affordable housing.--The term ``affordable 
        housing'' means housing, the cost of which does not exceed 30 
        percent of the income of a family.</DELETED>
        <DELETED>    (2) Census tract.--The term ``census tract'' means 
        a small, relatively permanent statistical subdivision of a 
        county, delineated by a local committee of census data users 
        for the purpose of presenting data.</DELETED>
        <DELETED>    (3) Chairperson.--The term ``Chairperson'' means 
        the Chairperson of the Interagency Council on Sustainable 
        Communities.</DELETED>
        <DELETED>    (4) Complete street.--The term ``complete street'' 
        means a street that enables all travelers, particularly public 
        transit users, bicyclists, pedestrians (including individuals 
        of all ages and individuals with disabilities), and motorists, 
        to use the street safely and efficiently.</DELETED>
        <DELETED>    (5) Comprehensive regional plan.--The term 
        ``comprehensive regional plan'' means a plan that--</DELETED>
                <DELETED>    (A) identifies land use, transportation, 
                community development, housing, economic development, 
                environmental, energy, and infrastructure needs and 
                goals in a region;</DELETED>
                <DELETED>    (B) provides strategies for meeting the 
                needs and goals described in subparagraph (A), 
                including strategies for--</DELETED>
                        <DELETED>    (i) providing affordable, energy-
                        efficient, and location-efficient housing 
                        choices for people of all ages, incomes, races, 
                        and ethnicities;</DELETED>
                        <DELETED>    (ii) reducing growth in vehicle 
                        miles traveled, in order to reduce traffic 
                        congestion and regional greenhouse gas 
                        emissions from transportation;</DELETED>
                        <DELETED>    (iii) encouraging economic 
                        competitiveness and economic development; 
                        and</DELETED>
                        <DELETED>    (iv) increasing the connectivity 
                        of the region by increasing public 
                        transportation ridership and improving access 
                        to transportation alternatives; and</DELETED>
                <DELETED>    (C) prioritizes projects for funding and 
                implementation.</DELETED>
        <DELETED>    (6) Consortium of units of general local 
        governments.--The term ``consortium of units of general local 
        governments'' means a consortium of geographically contiguous 
        units of general local government that the Secretary 
        determines--</DELETED>
                <DELETED>    (A) represents all or part of a 
                metropolitan statistical area or a micropolitan 
                statistical area;</DELETED>
                <DELETED>    (B) has the authority under State 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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (7) Council.--The term ``Council'' means the 
        Interagency Council on Sustainable Communities established 
        under section 6.</DELETED>
        <DELETED>    (8) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.</DELETED>
        <DELETED>    (9) Director.--The term ``Director'' means the 
        Director of the Office of Sustainable Housing and Communities 
        established under section 5.</DELETED>
        <DELETED>    (10) Extremely low-income family.--The term 
        ``extremely low-income family''--</DELETED>
                <DELETED>    (A) means a family that has an income that 
                does not exceed--</DELETED>
                        <DELETED>    (i) 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</DELETED>
                        <DELETED>    (ii) 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; and</DELETED>
                <DELETED>    (B) includes a family that includes a 
                person with special needs, including an elderly person 
                or a person with disabilities, as those terms are 
                defined in section 3(b) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437a(b)).</DELETED>
        <DELETED>    (11) High-poverty area.--The term ``high-poverty 
        area'' means a census tract, or a group of contiguous census 
        tracts, that has a poverty rate of 20 percent or 
        more.</DELETED>
        <DELETED>    (12) Livable community.--The term ``livable 
        community'' means a metropolitan, urban, suburban, rural, or 
        neighborhood community that--</DELETED>
                <DELETED>    (A) provides safe and reliable 
                transportation choices;</DELETED>
                <DELETED>    (B) provides affordable, energy-efficient, 
                and location-efficient housing choices for people of 
                all ages, incomes, races, and ethnicities;</DELETED>
                <DELETED>    (C) supports, revitalizes, and encourages 
                the growth of existing communities and maximizes the 
                cost effectiveness of existing 
                infrastructure;</DELETED>
                <DELETED>    (D) promotes economic development and 
                economic competitiveness;</DELETED>
                <DELETED>    (E) preserves the environment and natural 
                resources;</DELETED>
                <DELETED>    (F) protects agricultural land, rural 
                land, and green spaces; and</DELETED>
                <DELETED>    (G) supports public health and improves 
                the quality of life for residents of and workers in the 
                community.</DELETED>
        <DELETED>    (13) Location-efficient.--The term ``location-
        efficient'' characterizes development, housing, or 
        neighborhoods that integrate land use, mixed-use housing and 
        commercial development, employment, and transportation--
        </DELETED>
                <DELETED>    (A) to enhance mobility;</DELETED>
                <DELETED>    (B) to encourage transit-oriented 
                development;</DELETED>
                <DELETED>    (C) to encourage infill development and 
                the use of existing infrastructure; and</DELETED>
                <DELETED>    (D) to reduce growth in vehicle miles 
                traveled and the transportation costs and energy 
                requirements associated with ownership or rental of a 
                home.</DELETED>
        <DELETED>    (14) Low-income family.--The term ``low-income 
        family''--</DELETED>
                <DELETED>    (A) has the same meaning as in section 
                3(b) of the United States Housing Act of 1937 (42 
                U.S.C. 1437a(b)); and</DELETED>
                <DELETED>    (B) includes a low-income family with a 
                person with special needs, including an elderly person 
                or a person with disabilities, as those terms are 
                defined section 3(b) of the United States Housing Act 
                of 1937 (42 U.S.C. 1437a(b)).</DELETED>
        <DELETED>    (15) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        that term in section 134(b) of title 23, United States Code, 
        and section 5303(b) of title 49, United States Code.</DELETED>
        <DELETED>    (16) Metropolitan statistical area.--The term 
        ``metropolitan statistical area'' means a county or group of 
        counties that--</DELETED>
                <DELETED>    (A) is designated by the Office of 
                Management and Budget as a metropolitan statistical 
                area; and</DELETED>
                <DELETED>    (B) has 1 or more large population centers 
                with a population of not less than 50,000 and adjacent 
                territory with a high level of integration with the 
                core.</DELETED>
        <DELETED>    (17) Micropolitan statistical area.--The term 
        ``micropolitan statistical area'' means a county or group of 
        counties that--</DELETED>
                <DELETED>    (A) is designated by the Office of 
                Management and Budget as a micropolitan statistical 
                area; and</DELETED>
                <DELETED>    (B) has 1 or more large urban clusters 
                with a population of not less than 10,000 and not more 
                than 50,000.</DELETED>
        <DELETED>    (18) Office.--The term ``Office'' means the Office 
        of Sustainable Housing and Communities established under 
        section 5.</DELETED>
        <DELETED>    (19) Regional council.--The term ``regional 
        council'' means a multi-service regional organization with 
        State and locally defined boundaries that is--</DELETED>
                <DELETED>    (A) accountable to units of general local 
                government;</DELETED>
                <DELETED>    (B) delivers a variety of Federal, State, 
                and local programs; and</DELETED>
                <DELETED>    (C) performs planning functions and 
                provides professional and technical 
                assistance.</DELETED>
        <DELETED>    (20) Rural planning organization.--The term 
        ``rural planning organization'' means a voluntary organization 
        of local elected officials and representatives of local 
        transportation systems that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) is located in a rural area--</DELETED>
                        <DELETED>    (i) with a population of not less 
                        than 5,000; and</DELETED>
                        <DELETED>    (ii) that is not located in an 
                        area represented by a metropolitan planning 
                        organization.</DELETED>
        <DELETED>    (21) Secretary.--The term ``Secretary'' means the 
        Secretary of Housing and Urban Development.</DELETED>
        <DELETED>    (22) State.--The term ``State'' means the several 
        States, the District of Columbia, Puerto Rico, Guam, the 
        Northern Mariana Islands, the Virgin Islands, American Samoa, 
        and the Trust Territory of the Pacific Islands.</DELETED>
        <DELETED>    (23) Sustainable development.--The term 
        ``sustainable development'' means a pattern of resource use 
        designed to create livable communities by--</DELETED>
                <DELETED>    (A) providing a variety of safe and 
                reliable transportation choices;</DELETED>
                <DELETED>    (B) providing affordable, energy-
                efficient, and location-efficient housing choices for 
                people of all income levels, ages, races, and 
                ethnicities;</DELETED>
                <DELETED>    (C) supporting, revitalizing, and 
                encouraging the growth of communities and maximizing 
                the cost effectiveness of existing 
                infrastructure;</DELETED>
                <DELETED>    (D) promoting economic development and 
                economic competitiveness;</DELETED>
                <DELETED>    (E) preserving the environment and natural 
                resources;</DELETED>
                <DELETED>    (F) protecting agricultural land, rural 
                land, and green spaces; and</DELETED>
                <DELETED>    (G) supporting public health and improving 
                the quality of life for residents of and workers in a 
                community.</DELETED>
        <DELETED>    (24) Transit-oriented development.--The term 
        ``transit-oriented development'' means high-density, walkable, 
        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.</DELETED>
        <DELETED>    (25) Unit of general local government.--The term 
        ``unit of general local government'' means--</DELETED>
                <DELETED>    (A) a city, county, town, township, 
                parish, village, or other general purpose political 
                subdivision of a State; or</DELETED>
                <DELETED>    (B) a combination of general purpose 
                political subdivisions, as determined by the 
                Secretary.</DELETED>
        <DELETED>    (26) Unit of special purpose local government.--
        The term ``unit of special purpose local government''--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) includes an entity such as a school 
                district, a housing agency, a transit agency, and a 
                parks and recreation district.</DELETED>
        <DELETED>    (27) Very low-income family.--The term ``very low-
        income family''--</DELETED>
                <DELETED>    (A) has the same meaning as in section 
                3(b) of the United States Housing Act of 1937 (42 
                U.S.C. 1437a(b)); and</DELETED>
                <DELETED>    (B) includes a very low-income family with 
                a person with special needs, including an elderly 
                person or a person with disabilities, as those terms 
                are defined section 3(b) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437a(b)).</DELETED>
        <DELETED>    (28) Workforce housing.--The term ``workforce 
        housing'' means housing, the cost of which does not exceed 30 
        percent of--</DELETED>
                <DELETED>    (A) 120 percent of the median income in 
                the area where the family lives, as determined by the 
                Secretary, with appropriate adjustments for the size of 
                family; or</DELETED>
                <DELETED>    (B) a percentage, as determined by the 
                Secretary, of the median income in the area where the 
                family lives, 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.</DELETED>

<DELETED>SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND 
              COMMUNITIES.</DELETED>

<DELETED>    (a) Office Established.--There is established in the 
Department an Office of Sustainable Housing and Communities, which 
shall--</DELETED>
        <DELETED>    (1) coordinate Federal policies and initiatives 
        that foster livable communities, including--</DELETED>
                <DELETED>    (A) encouraging sustainable development at 
                the State, regional, and local levels;</DELETED>
                <DELETED>    (B) encouraging the development of 
                comprehensive regional plans;</DELETED>
                <DELETED>    (C) fostering energy-efficient communities 
                and housing;</DELETED>
                <DELETED>    (D) providing affordable, location-
                efficient housing choices for people of all ages, 
                incomes, races, and ethnicities, particularly for low-, 
                very low-, and extremely low-income families; 
                and</DELETED>
                <DELETED>    (E) working with the Federal Transit 
                Administration of the Department of Transportation to--
                </DELETED>
                        <DELETED>    (i) encourage transit-oriented 
                        development; and</DELETED>
                        <DELETED>    (ii) coordinate Federal housing, 
                        community development, and transportation 
                        policies;</DELETED>
        <DELETED>    (2) conduct research and advise the Secretary on 
        the research agenda of the Department relating to sustainable 
        development;</DELETED>
        <DELETED>    (3) provide administrative support for 
        participation by the Secretary in the activities of the 
        Council;</DELETED>
        <DELETED>    (4) implement and oversee the grant programs 
        established under this Act by--</DELETED>
                <DELETED>    (A) developing grant applications for each 
                grant program;</DELETED>
                <DELETED>    (B) promulgating regulations relating to 
                each grant program;</DELETED>
                <DELETED>    (C) selecting recipients of grants under 
                each grant program;</DELETED>
                <DELETED>    (D) creating performance measures for 
                recipients of grants under each grant 
                program;</DELETED>
                <DELETED>    (E) developing technical assistance and 
                other guidance to assist recipients of grants and 
                potential applicants for grants under each grant 
                program;</DELETED>
                <DELETED>    (F) monitoring and evaluating the 
                performance of recipients of grants under each grant 
                program; and</DELETED>
                <DELETED>    (G) carrying out such other activities 
                relating to the administration of the grant programs 
                under this Act as the Secretary determines are 
                necessary;</DELETED>
        <DELETED>    (5) provide guidance, information on best 
        practices, and technical assistance to communities seeking to 
        adopt sustainable development policies and practices;</DELETED>
        <DELETED>    (6) provide guidance and technical assistance to 
        communities seeking to prepare applications for the 
        comprehensive planning grant program under section 7;</DELETED>
        <DELETED>    (7) administer initiatives of the Department 
        relating to the policies described in paragraph (1), as 
        determined by the Secretary; and</DELETED>
        <DELETED>    (8) coordinate with and conduct outreach to other 
        Federal agencies, including the Federal Transit Administration 
        of the Department of Transportation and the Office of Smart 
        Growth of the Environmental Protection Agency, on 
        sustainability issues.</DELETED>
<DELETED>    (b) Director.--The head of the Office shall be the 
Director of the Office of Sustainable Housing and 
Communities.</DELETED>
<DELETED>    (c) Duties Relating to Grant Programs.--</DELETED>
        <DELETED>    (1) In general.--The Director, in coordination 
        with the Council or a working group established by the Council 
        under section 6(b)(6), shall carry out the grant programs 
        established under this Act.</DELETED>
        <DELETED>    (2) Interim working group.--During the period 
        between the date of enactment of this Act and the date on which 
        a memorandum of understanding is signed under section 6(a)(7), 
        in carrying out the grant programs under this Act, the 
        Secretary shall consult with an interim working group that 
        includes the Secretary of Transportation, the Administrator of 
        the Environmental Protection Agency (or the designee of such 
        Secretary or Administrator), and representatives from such 
        other Federal agencies, departments, or offices, as the 
        President may determine.</DELETED>
        <DELETED>    (3) Technical assistance for grant recipients and 
        applicants.--The Director may--</DELETED>
                <DELETED>    (A) coordinate with the members of the 
                Council to establish interagency and multidisciplinary 
                teams to provide technical assistance to recipients of 
                and prospective applicants for grants under this 
                Act;</DELETED>
                <DELETED>    (B) make contracts with third parties to 
                provide technical assistance to grant recipients and 
                prospective applicants for grants; and</DELETED>
                <DELETED>    (C) establish a technical assistance 
                program for prospective applicants, particularly 
                prospective applicants from smaller communities, 
                preparing to apply for grants under section 
                7.</DELETED>
<DELETED>    (d) Report on Housing Location Affordability Index.--
</DELETED>
        <DELETED>    (1) Study.--The Director shall conduct a study 
        on--</DELETED>
                <DELETED>    (A) the development of a housing location 
                affordability index that includes housing and 
                transportation costs; and</DELETED>
                <DELETED>    (B) ways in which the affordability index 
                described in subparagraph (A) could be made available 
                to the public to inform consumers of the combined costs 
                of housing and transportation.</DELETED>
        <DELETED>    (2) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Director shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives a report on the study under paragraph 
        (1).</DELETED>
<DELETED>    (e) Report on Incentives for Energy-Efficient Mortgages 
and Location-Efficient Mortgages.--</DELETED>
        <DELETED>    (1) Definitions.--In this subsection--</DELETED>
                <DELETED>    (A) the term ``energy-efficient mortgage'' 
                means a mortgage loan under which the income of the 
                borrower, for purposes of qualification for such loan, 
                is considered to be increased by not less than $1 for 
                each $1 of savings projected to be realized by the 
                borrower as a result of cost-effective energy-saving 
                design, construction, or improvements (including use of 
                renewable energy sources, such as solar, geothermal, 
                biomass, and wind, super-insulation, energy-saving 
                windows, insulating glass and film, and radiant 
                barrier) for the home for which the loan is made; 
                and</DELETED>
                <DELETED>    (B) the term ``location-efficient 
                mortgage'' means a mortgage loan under which--
                </DELETED>
                        <DELETED>    (i) the income of the borrower, 
                        for purposes of qualification for such loan, is 
                        considered to be increased by not less than $1 
                        for each $1 of savings projected to be realized 
                        by the borrower because the location of the 
                        home for which the loan is made will result in 
                        decreased transportation costs for the 
                        household of the borrower; or</DELETED>
                        <DELETED>    (ii) the sum of the principal, 
                        interest, taxes, and insurance due under the 
                        mortgage loan is decreased by not less than $1 
                        for each $1 of savings projected to be realized 
                        by the borrower because the location of the 
                        home for which the loan is made will result in 
                        decreased transportation costs for the 
                        household of the borrower.</DELETED>
        <DELETED>    (2) Study.--</DELETED>
                <DELETED>    (A) In general.--The Director shall 
                conduct a study on incentives for encouraging lenders 
                to make, and homebuyers and homeowners to participate 
                in, energy-efficient mortgages and location-efficient 
                mortgages, including--</DELETED>
                        <DELETED>    (i) fee reductions;</DELETED>
                        <DELETED>    (ii) fee waivers;</DELETED>
                        <DELETED>    (iii) interest rate reductions; 
                        and</DELETED>
                        <DELETED>    (iv) adjustment of mortgage 
                        qualifications.</DELETED>
                <DELETED>    (B) Considerations.--In studying the 
                incentives under subparagraph (A), the Secretary shall 
                consider the potential for lower risk of default on 
                energy-efficient mortgages and location-efficient 
                mortgages in comparison to mortgages that are not 
                energy-efficient or location-efficient.</DELETED>
        <DELETED>    (3) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Director shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives a report on the study under paragraph 
        (2).</DELETED>
<DELETED>    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary such sums as may be necessary to 
carry out this section.</DELETED>

<DELETED>SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE 
              COMMUNITIES.</DELETED>

<DELETED>    (a) Establishment of Council.--</DELETED>
        <DELETED>    (1) Establishment.--There is established in the 
        executive branch an independent entity to be known as the 
        Interagency Council on Sustainable Communities.</DELETED>
        <DELETED>    (2) Members.--</DELETED>
                <DELETED>    (A) In general.--The members of the 
                Council are--</DELETED>
                        <DELETED>    (i) the Secretary, the Secretary 
                        of Transportation, and the Administrator of the 
                        Environmental Protection Agency; and</DELETED>
                        <DELETED>    (ii) such representatives from 
                        other Federal agencies, departments, or offices 
                        in the executive branch as the President may 
                        prescribe.</DELETED>
                <DELETED>    (B) Designees.--</DELETED>
                        <DELETED>    (i) In general.--The head of a 
                        Federal agency described in subparagraph (A) 
                        may select a designee to serve in the place of 
                        the head of the Federal agency on the 
                        Council.</DELETED>
                        <DELETED>    (ii) Qualifications.--The head of 
                        a Federal agency that selects a designee under 
                        clause (i) shall ensure that the designee has 
                        the appropriate experience and authority to 
                        serve on the Council.</DELETED>
                <DELETED>    (C) Pay.--The members of the Council shall 
                serve with no additional pay.</DELETED>
        <DELETED>    (3) Chairperson.--</DELETED>
                <DELETED>    (A) Chairperson.--The Chairperson of the 
                Council shall be, in successive terms--</DELETED>
                        <DELETED>    (i) the Secretary;</DELETED>
                        <DELETED>    (ii) the Secretary of 
                        Transportation; and</DELETED>
                        <DELETED>    (iii) the Administrator of the 
                        Environmental Protection Agency.</DELETED>
                <DELETED>    (B) Duties.--The Chairperson shall--
                </DELETED>
                        <DELETED>    (i) set the time, date, and 
                        location of each meeting of the Council; 
                        and</DELETED>
                        <DELETED>    (ii) in consultation with the 
                        members of the Council, set the agenda for each 
                        meeting of the Council.</DELETED>
                <DELETED>    (C) Term.--The Chairperson shall serve for 
                a term of 1 year.</DELETED>
                <DELETED>    (D) First chairperson.--The Secretary 
                shall be the first individual to serve as Chairperson 
                after the date of enactment of this Act.</DELETED>
        <DELETED>    (4) Executive director and staff.--</DELETED>
                <DELETED>    (A) Executive director.--</DELETED>
                        <DELETED>    (i) Appointment and 
                        compensation.--The Council shall appoint an 
                        Executive Director, who shall be compensated at 
                        a rate not to exceed the rate of basic pay for 
                        level V of the Executive Schedule under section 
                        5316 of title 5, United States Code.</DELETED>
                        <DELETED>    (ii) Sense of congress.--It is the 
                        sense of Congress that the Council should 
                        appoint an Executive Director not later than 90 
                        days after the date of enactment of this 
                        Act.</DELETED>
                <DELETED>    (B) Additional personnel.--With the 
                approval of the Council, the Executive Director of the 
                Council may appoint and fix the compensation of such 
                additional personnel as the Executive Director 
                determines are necessary to carry out the duties of the 
                Council.</DELETED>
                <DELETED>    (C) Detailees from other agencies.--Upon 
                request of the Council, the head of any Federal agency 
                may detail any of the personnel of such agency to the 
                Council to assist the Council in carrying out its 
                duties under this section.</DELETED>
                <DELETED>    (D) Experts and consultants.--With the 
                approval of the Council, the Executive Director of the 
                Council may procure temporary and intermittent services 
                pursuant to section 3109(b) of title 5, United States 
                Code.</DELETED>
        <DELETED>    (5) Consultation with additional secretaries and 
        administrators.--</DELETED>
                <DELETED>    (A) Consultation.--In carrying out its 
                duties under this section, the Council may consult with 
                the heads of departments, agencies, and offices in the 
                executive branch, including the Secretary of Energy, 
                the Secretary of Education, the Secretary of 
                Agriculture, the Secretary of Health and Human 
                Services, the Secretary of Commerce, the Chairman of 
                the Council on Environmental Quality, and the Director 
                of the White House Office of Urban Affairs.</DELETED>
                <DELETED>    (B) Participation in meetings of 
                council.--The head of a department, agency, or office 
                with whom the Council consults under subparagraph (A) 
                may participate in a meeting of the Council.</DELETED>
                <DELETED>    (C) Information sharing.--The head of each 
                Federal agency shall make available to the Council such 
                information as may be necessary for the Council to 
                carry out its duties under this section.</DELETED>
        <DELETED>    (6) Meetings.--The Council shall meet--</DELETED>
                <DELETED>    (A) not later than 90 days after the date 
                of enactment of this Act; and</DELETED>
                <DELETED>    (B) not less frequently than 3 times each 
                year.</DELETED>
        <DELETED>    (7) Governance.--Not later than 120 days after the 
        date of enactment of this Act, the members of the Council shall 
        develop and sign a memorandum of understanding that establishes 
        rules relating to the governance of the Council, including 
        rules relating to the process by which decisions of the Council 
        are made.</DELETED>
        <DELETED>    (8) Incorporation of work of interim working 
        group.--Any activities carried out by an interim working group 
        pursuant to section 5(c)(2) shall be incorporated into the 
        activities of the Council, effective on the date the memorandum 
        of understanding under paragraph (7) is signed.</DELETED>
<DELETED>    (b) Duties of the Council.--The Council shall--</DELETED>
        <DELETED>    (1) ensure interagency coordination of Federal 
        policy on sustainable development;</DELETED>
        <DELETED>    (2) conduct outreach to nonprofit and for-profit 
        organizations and State and local governments to build 
        partnerships and knowledge relating to sustainable 
        development;</DELETED>
        <DELETED>    (3) ensure that the research agendas of 
        departments and agencies of the Federal Government on 
        sustainable development are coordinated;</DELETED>
        <DELETED>    (4) establish a clearinghouse for guidance, best 
        practices, and other information for communities undertaking 
        activities relating to sustainable development;</DELETED>
        <DELETED>    (5) coordinate an assessment by departments and 
        agencies of the Federal Government of impediments to 
        sustainable development, including impediments created by 
        Federal programs, and the development of recommendations for 
        methods for overcoming such impediments; and</DELETED>
        <DELETED>    (6) coordinate with the Director on activities 
        relating to the grant programs established under this Act, as 
        described in section 5(a)(4), or establish a working group to 
        coordinate with the Director on such activities.</DELETED>
<DELETED>    (c) Reports.--</DELETED>
        <DELETED>    (1) Annual report.--Not later than 1 year after 
        the date of enactment of this Act, and annually thereafter, the 
        Council shall submit to the Committee on Banking, Housing, and 
        Urban Affairs of the Senate and the Committee on Financial 
        Services of the House of Representatives a report on the 
        activities and accomplishments of the Council.</DELETED>
        <DELETED>    (2) Recommendations.--Not later than 1 year after 
        the date of enactment of this Act, the Council shall submit to 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Financial Services of the House of 
        Representatives a report that contains--</DELETED>
                <DELETED>    (A) an analysis of impediments to 
                sustainable development; and</DELETED>
                <DELETED>    (B) recommendations for action by the 
                Federal Government on issues relating to sustainable 
                development.</DELETED>
<DELETED>    (d) Study of Federal Actions.--Not later than 3 years 
after the date of enactment of this Act, the Comptroller General shall 
submit to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the House of 
Representatives a report that contains--</DELETED>
        <DELETED>    (1) an updated analysis of impediments to 
        sustainable development, as described in subsection (c)(2)(A); 
        and</DELETED>
        <DELETED>    (2) a description of actions taken by the Federal 
        Government to implement the recommendations made by the Council 
        in the report under subsection (c)(2)(B).</DELETED>
<DELETED>    (e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out this 
section.</DELETED>

<DELETED>SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``eligible entity'' means a 
        partnership between a consortium of units of general local 
        government and an eligible partner;</DELETED>
        <DELETED>    (2) the term ``eligible partner'' means--
        </DELETED>
                <DELETED>    (A) a metropolitan planning organization, 
                a rural planning organization, or a regional council; 
                or</DELETED>
                <DELETED>    (B) a metropolitan planning organization, 
                a rural planning organization, or a regional council, 
                and a State; and</DELETED>
        <DELETED>    (3) the term ``grant program'' means the 
        comprehensive planning grant program established under 
        subsection (b).</DELETED>
<DELETED>    (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 to--</DELETED>
        <DELETED>    (1) coordinate land use, housing, transportation, 
        and infrastructure planning processes across jurisdictions and 
        agencies;</DELETED>
        <DELETED>    (2) identify potential regional partnerships for 
        developing and implementing a comprehensive regional 
        plan;</DELETED>
        <DELETED>    (3) conduct or update housing, infrastructure, 
        transportation, energy, and environmental assessments to 
        determine regional needs and promote sustainable 
        development;</DELETED>
        <DELETED>    (4) develop or update--</DELETED>
                <DELETED>    (A) a comprehensive regional plan; 
                or</DELETED>
                <DELETED>    (B) goals and strategies to implement an 
                existing comprehensive regional plan; and</DELETED>
        <DELETED>    (5) implement local zoning and other code changes 
        necessary to implement a comprehensive regional plan and 
        promote sustainable development.</DELETED>
<DELETED>    (c) Grants.--</DELETED>
        <DELETED>    (1) Amount of grants.--</DELETED>
                <DELETED>    (A) Micropolitan statistical areas and 
                small metropolitan statistical areas.--The amount 
                awarded under the grant program to an eligible entity 
                that represents all or part of a micropolitan area, or 
                a metropolitan statistical area with a population of 
                not more than 200,000, may not exceed 
                $750,000.</DELETED>
                <DELETED>    (B) Mid-sized metropolitan statistical 
                areas.--The amount awarded under the grant program to 
                an eligible entity that represents all or part of a 
                metropolitan statistical area with a population of more 
                than 200,000 and less than 500,000 may not exceed 
                $1,500,000.</DELETED>
                <DELETED>    (C) Large metropolitan statistical 
                areas.--The amount awarded under the grant program to 
                an eligible entity that represents all or part of a 
                metropolitan statistical area with a population of 
                500,000 or more may not exceed $5,000,000.</DELETED>
        <DELETED>    (2) Federal share.--The Federal share of the cost 
        of a project carried out using a grant under the grant program 
        may not exceed 80 percent.</DELETED>
        <DELETED>    (3) Availability of funds.--</DELETED>
                <DELETED>    (A) In general.--An eligible entity that 
                receives a grant under the grant program shall--
                </DELETED>
                        <DELETED>    (i) obligate any funds received 
                        under the grant program not later than 3 years 
                        after the date on which the grant agreement 
                        under subsection (g) is made; and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (d) Application.--</DELETED>
        <DELETED>    (1) In general.--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.</DELETED>
        <DELETED>    (2) Contents.--Each application shall contain--
        </DELETED>
                <DELETED>    (A) a description of the project proposed 
                to be carried out by the eligible entity;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) 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--</DELETED>
                        <DELETED>    (i) the creation of a consortium 
                        of units of general local government;</DELETED>
                        <DELETED>    (ii) a commitment to develop a 
                        comprehensive regional plan; and</DELETED>
                        <DELETED>    (iii) a commitment to implement 
                        the plan after it is developed;</DELETED>
                <DELETED>    (D) a certification that the eligible 
                entity has 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, as appropriate, representatives of a State, 
                the metropolitan planning organization, the rural 
                planning organization, the regional council, public 
                transportation agencies, public housing agencies, 
                economic development authorities, other local 
                governments, environmental agencies, public health 
                agencies, the nonprofit community, the private sector, 
                community-based organizations, citizen groups, 
                neighborhood groups, and members of the 
                public;</DELETED>
                <DELETED>    (E) a certification that the eligible 
                entity has solicited public comment on the contents of 
                the project description under subparagraph (A) that 
                includes--</DELETED>
                        <DELETED>    (i) a certification that the 
                        eligible entity has held 1 or more public 
                        hearings;</DELETED>
                        <DELETED>    (ii) a description of the process 
                        for receiving public comment;</DELETED>
                        <DELETED>    (iii) a summary of the comments 
                        received; and</DELETED>
                        <DELETED>    (iv) such other information as the 
                        Director may require;</DELETED>
                <DELETED>    (F) a description of how the eligible 
                entity will carry out the activities under subsection 
                (f); and</DELETED>
                <DELETED>    (G) such additional information as the 
                Director may require.</DELETED>
<DELETED>    (e) Selection.--In evaluating an application for a grant 
under the grant program, the Director shall consider the extent to 
which the application--</DELETED>
        <DELETED>    (1) furthers the creation of livable 
        communities;</DELETED>
        <DELETED>    (2) demonstrates the technical capacity of the 
        eligible entity to carry out the project;</DELETED>
        <DELETED>    (3) demonstrates the extent to which the 
        consortium has developed partnerships throughout an entire 
        micropolitan or metropolitan statistical area, including, as 
        appropriate, partnerships with the entities described in 
        subsection (d)(2)(D);</DELETED>
        <DELETED>    (4) demonstrates a commitment to--</DELETED>
                <DELETED>    (A) sustainable development;</DELETED>
                <DELETED>    (B) location-efficient and transit-
                oriented development;</DELETED>
                <DELETED>    (C) developing new capacity for public 
                transportation and increasing ridership on public 
                transportation;</DELETED>
                <DELETED>    (D) providing affordable, energy-
                efficient, and location-efficient housing choices for 
                families of all ages, incomes, races, and 
                ethnicities;</DELETED>
                <DELETED>    (E) creating and preserving long-term 
                affordable, energy-efficient, and location-efficient 
                housing for low-, very low-, and extremely low-income 
                families;</DELETED>
                <DELETED>    (F) revitalizing communities, 
                neighborhoods and commercial centers supported by 
                existing infrastructure;</DELETED>
                <DELETED>    (G) monitoring and improving environmental 
                quality, including air and water quality, energy use, 
                greenhouse gas emissions, and the redevelopment of 
                brownfields; and</DELETED>
                <DELETED>    (H) coordinating the provision of 
                transportation services to elderly, disabled, and low-
                income populations;</DELETED>
        <DELETED>    (5) demonstrates a plan for implementing a 
        comprehensive regional plan through regional infrastructure 
        investment plans and local land use plans;</DELETED>
        <DELETED>    (6) promotes diversity among the geographic 
        regions and the sizes of the population of the communities 
        served by recipients of grants under this section;</DELETED>
        <DELETED>    (7) promotes economic benefits;</DELETED>
        <DELETED>    (8) demonstrates that a Federal grant is necessary 
        to accomplish the project proposed to be carried out;</DELETED>
        <DELETED>    (9) has a high quality overall; and</DELETED>
        <DELETED>    (10) demonstrates such other qualities as the 
        Director may determine.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Planning and coordinating across jurisdictions 
        in the region to develop a comprehensive regional 
        plan.</DELETED>
        <DELETED>    (2) Developing achievable goals and strategies for 
        carrying out the comprehensive regional plan, including--
        </DELETED>
                <DELETED>    (A) land use, zoning, and other code 
                reform, including reform of conservation zoning in 
                agricultural and other natural resource 
                areas;</DELETED>
                <DELETED>    (B) promoting efficient land use, mixed-
                use development, and the preservation of agricultural, 
                green, and open space;</DELETED>
                <DELETED>    (C) increasing access to and ridership on 
                public transportation;</DELETED>
                <DELETED>    (D) the creation and preservation of 
                workforce housing and affordable housing for low-, very 
                low-, and extremely low-income families, including 
                housing with access to jobs and public 
                transportation;</DELETED>
                <DELETED>    (E) promoting economic development and 
                transit-oriented development;</DELETED>
                <DELETED>    (F) revitalizing communities; 
                and</DELETED>
                <DELETED>    (G) promoting environmental protection and 
                public health and reducing greenhouse gas 
                emissions.</DELETED>
        <DELETED>    (3) Developing a plan that outlines feasible steps 
        for implementing the comprehensive regional plan, including 
        making interjurisdictional agreements that provide for 
        cooperative and coordinated approaches to achieving the goals 
        of the plan.</DELETED>
        <DELETED>    (4) Assessing projected regional population growth 
        or loss and demographic changes.</DELETED>
        <DELETED>    (5) Assessing how the regional population growth 
        or loss and demographic changes will impact the need for 
        housing, community development, and transportation, including 
        public transportation in the region.</DELETED>
        <DELETED>    (6) Assessing the accessibility of job centers 
        within the region to public transportation facilities and 
        housing.</DELETED>
        <DELETED>    (7) Assessing transportation options in the 
        region, including--</DELETED>
                <DELETED>    (A) public transportation 
                options;</DELETED>
                <DELETED>    (B) options for people with low incomes, 
                people living in high-poverty areas, elderly people, 
                and people with disabilities; and</DELETED>
                <DELETED>    (C) any obstacles to providing access to 
                locations that offer employment 
                opportunities.</DELETED>
        <DELETED>    (8) Developing techniques to inform decision 
        makers on how growth of population and employment, development 
        patterns, and investments in transportation infrastructure are 
        likely to affect travel, congestion, air quality, and quality 
        of life.</DELETED>
        <DELETED>    (9) Assessing the daily vehicle miles traveled in 
        the region and opportunities for reducing the growth in daily 
        vehicle miles traveled and traffic congestion.</DELETED>
        <DELETED>    (10) Assessing housing needs, including the need 
        for workforce housing and affordable housing for low-, very 
        low-, and extremely low-income families, and the availability 
        of housing in the region to meet such needs.</DELETED>
        <DELETED>    (11) Assessing the need to create, preserve, and 
        improve long-term affordable housing for low-, very low-, and 
        extremely low-income families and families that utilize 
        workforce housing in areas that--</DELETED>
                <DELETED>    (A) are undergoing redevelopment or 
                carrying out transit-oriented development; 
                and</DELETED>
                <DELETED>    (B) have access to services including 
                transportation (particularly public transportation), 
                neighborhood commercial centers, and medical 
                services.</DELETED>
        <DELETED>    (12) Assessing methods for lowering the combined 
        cost of housing and transportation for families in the region, 
        particularly for families that utilize workforce housing and 
        for low-, very low-, and extremely low-income 
        families.</DELETED>
        <DELETED>    (13) Assessing existing infrastructure and 
        infrastructure needs in the region, including projected water 
        needs and sources, the need for sewer infrastructure, and the 
        existence of flood plains.</DELETED>
        <DELETED>    (14) Assessing local land use and zoning policies 
        and opportunities for revising or expanding such policies to 
        implement a comprehensive regional plan.</DELETED>
        <DELETED>    (15) Assessing the opportunity to revitalize 
        existing communities, including infill development.</DELETED>
        <DELETED>    (16) Assessing environmental and public health 
        needs in the region and potential strategies for reducing 
        greenhouse gas emissions, improving air and water quality, and 
        remediating brownfield sites.</DELETED>
        <DELETED>    (17) Assessing projected loss of agricultural and 
        rural land and other green space in the region to development, 
        and methods to minimize such loss.</DELETED>
        <DELETED>    (18) Evaluating any tools or resources that are 
        available to address regional needs identified in an assessment 
        under any of paragraphs (4) through (7) and (9) through (17) 
        and to monitor progress in meeting such needs, including any 
        existing sources of funding and any sources of funding that are 
        lacking.</DELETED>
        <DELETED>    (19) Implementing land use, zoning, and other code 
        reforms to promote location efficiency and sustainable 
        development.</DELETED>
        <DELETED>    (20) Other activities consistent with the purposes 
        of this Act, as determined by the Director.</DELETED>
<DELETED>    (g) Grant Agreement.--Each eligible entity that receives a 
grant under this section shall agree to establish, in coordination with 
the Director, performance measures that must be met at the end of each 
year in which the eligible entity receives funds under the grant 
program.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) withhold financial assistance until the 
        performance measures are met; or</DELETED>
        <DELETED>    (2) terminate the grant agreement.</DELETED>
<DELETED>    (i) Sustainability Challenge Grants.--An eligible entity 
that receives a grant under this section and has created a 
comprehensive regional plan may apply for a sustainability challenge 
grant under section 8.</DELETED>
<DELETED>    (j) Reports Required.--</DELETED>
        <DELETED>    (1) Annual report.--Not later than 60 days after 
        the end of the first year after the grant agreement is made 
        under subsection (g), and each year thereafter, an eligible 
        entity that receives a grant under this section shall submit to 
        the Director a progress report that contains--</DELETED>
                <DELETED>    (A) a description of any progress made 
                toward meeting the performance measures established 
                under subsection (g), including--</DELETED>
                        <DELETED>    (i) a description of any 
                        partnership created across policy and 
                        governmental jurisdictions and a description of 
                        any task force or multiagency group established 
                        by the eligible entity at the regional level; 
                        and</DELETED>
                        <DELETED>    (ii) a description of--</DELETED>
                                <DELETED>    (I) housing, land use, 
                                transportation, public transportation, 
                                energy, infrastructure, and 
                                environmental needs in the region; 
                                or</DELETED>
                                <DELETED>    (II) the obstacles 
                                encountered that prevented the eligible 
                                entity from completing a comprehensive 
                                evaluation of housing, land use, 
                                transportation, public transportation, 
                                energy, infrastructure, and 
                                environmental needs, and a date by 
                                which the eligible entity expects to 
                                complete the evaluation;</DELETED>
                <DELETED>    (B) a description of any planning goals 
                for the region that address housing, transportation, 
                public transportation, energy, infrastructure, and 
                environmental needs;</DELETED>
                <DELETED>    (C) a description of--</DELETED>
                        <DELETED>    (i) a strategy for meeting the 
                        goals described in subparagraph (B), including 
                        a discussion of potential transportation, 
                        housing, transit-oriented development, energy, 
                        infrastructure, or environmental activities; 
                        or</DELETED>
                        <DELETED>    (ii) the obstacles encountered 
                        that prevented the eligible entity from 
                        completing a strategy for meeting the goals 
                        identified under clause (i) and a date by which 
                        the eligible entity expects to complete the 
                        strategy; and</DELETED>
                <DELETED>    (D) any other information the Director may 
                require.</DELETED>
        <DELETED>    (2) Final report.--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 this 
        section shall submit to the Director a final report that 
        contains--</DELETED>
                <DELETED>    (A) a description of a comprehensive 
                regional plan that includes specific projects that will 
                help meet housing, transportation, energy, 
                infrastructure, and environmental goals for the 
                region;</DELETED>
                <DELETED>    (B) a detailed description of how the plan 
                under subparagraph (A) meets the performance measures 
                established under subsection (g);</DELETED>
                <DELETED>    (C) a plan for next steps to be taken by 
                the eligible entity, including whether the eligible 
                entity intends to apply for a sustainability challenge 
                grant under section 8; and</DELETED>
                <DELETED>    (D) any other information the Director may 
                require.</DELETED>
<DELETED>    (k) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) Authorization.--There are authorized to be 
        appropriated to the Secretary for the award of grants under 
        this section, $100,000,000 for each of fiscal years 2010 
        through 2013, to remain available until expended.</DELETED>
        <DELETED>    (2) Technical assistance.--The Director may use 2 
        percent of the amounts made available under this subsection for 
        a fiscal year for technical assistance under section 
        5(c)(3).</DELETED>

<DELETED>SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``eligible entity'' means a 
        partnership between a consortium of units of general local 
        government and an eligible partner;</DELETED>
        <DELETED>    (2) the term ``eligible partner'' means--
        </DELETED>
                <DELETED>    (A) a metropolitan planning organization, 
                a rural planning organization, or a regional council; 
                or</DELETED>
                <DELETED>    (B) a metropolitan planning organization, 
                a rural planning organization, or a regional council, 
                and a State; and</DELETED>
        <DELETED>    (3) the term ``grant program'' means the 
        sustainability challenge grant program established under 
        subsection (b).</DELETED>
<DELETED>    (b) Sustainability Challenge Grant Program Established.--
The Director shall establish a sustainability challenge grant program 
to make grants to eligible entities to--</DELETED>
        <DELETED>    (1) promote integrated transportation, housing, 
        energy, and economic development activities carried out across 
        policy and governmental jurisdictions;</DELETED>
        <DELETED>    (2) promote sustainable and location-efficient 
        development; and</DELETED>
        <DELETED>    (3) implement projects identified in a 
        comprehensive regional plan.</DELETED>
<DELETED>    (c) Grants.--</DELETED>
        <DELETED>    (1) Micropolitan statistical area or small 
        metropolitan statistical area.--The total amount awarded under 
        this section to an eligible entity that represents all or part 
        of a micropolitan area, or a metropolitan area with a 
        population of not more than 200,000, may not exceed 
        $15,000,000.</DELETED>
        <DELETED>    (2) Metropolitan statistical areas between 200,000 
        and 500,000.--The total amount awarded under this section to an 
        eligible entity that represents all or part of a metropolitan 
        statistical area with a population of more than 200,000 and 
        less than 500,000 may not exceed $35,000,000.</DELETED>
        <DELETED>    (3) Large metropolitan areas.--The total amount 
        awarded under this section to an eligible entity that 
        represents all or part of a metropolitan area with a population 
        of 500,000 may not exceed $100,000,000.</DELETED>
        <DELETED>    (4) Federal share.--The Federal share of the cost 
        of a project under this section may not exceed 80 
        percent.</DELETED>
        <DELETED>    (5) Availability of funds.--</DELETED>
                <DELETED>    (A) In general.--An eligible entity that 
                receives a grant under the grant program shall--
                </DELETED>
                        <DELETED>    (i) obligate any funds received 
                        under the grant program not later than 3 years 
                        after the date on which the grant agreement 
                        under subsection (g) is made; and</DELETED>
                        <DELETED>    (ii) 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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (d) Application.--An eligible entity that desires a grant 
under this section shall submit to the Director an application that 
contains--</DELETED>
        <DELETED>    (1) a copy of the comprehensive regional plan, 
        whether developed as part of the comprehensive planning grant 
        program under section 7 or developed independently;</DELETED>
        <DELETED>    (2) a description of the project or projects 
        proposed to be carried out using a grant under the grant 
        program;</DELETED>
        <DELETED>    (3) 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 paragraph (2), 
        including the revision of land use or zoning 
        policies;</DELETED>
        <DELETED>    (4) 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--</DELETED>
                <DELETED>    (A) the creation of a consortium of units 
                of general local government; and</DELETED>
                <DELETED>    (B) a commitment to implement the 
                activities described in the comprehensive regional 
                plan;</DELETED>
        <DELETED>    (5) a certification that the eligible entity has 
        solicited public comment on the contents of the project 
        description under paragraph (2) that includes--</DELETED>
                <DELETED>    (A) a certification that the eligible 
                entity has held 1 or more public hearings;</DELETED>
                <DELETED>    (B) a description of the process for 
                receiving public comment;</DELETED>
                <DELETED>    (C) a summary of the comments received; 
                and</DELETED>
                <DELETED>    (D) such other information as the Director 
                may require;</DELETED>
        <DELETED>    (6) 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</DELETED>
        <DELETED>    (7) such additional information as the Director 
        may require.</DELETED>
<DELETED>    (e) Selection.--In evaluating an application for a grant 
under the grant program, the Director shall consider the extent to 
which the application--</DELETED>
        <DELETED>    (1) furthers the creation of livable 
        communities;</DELETED>
        <DELETED>    (2) demonstrates the technical capacity of the 
        eligible entity to carry out the project;</DELETED>
        <DELETED>    (3) demonstrates the extent to which the eligible 
        entity has developed partnerships throughout an entire 
        micropolitan or metropolitan statistical area, including 
        partnerships with units of special purpose local government and 
        public transportation agencies;</DELETED>
        <DELETED>    (4) demonstrates clear and meaningful 
        interjurisdictional cooperation and coordination of housing, 
        transportation, and environmental policies and plans;</DELETED>
        <DELETED>    (5) demonstrates a commitment to implementing a 
        comprehensive regional plan and documents action taken or 
        planned to implement the plan, including--</DELETED>
                <DELETED>    (A) rezoning or other changes to land use 
                controls to enable mixed-use, mixed-income 
                development;</DELETED>
                <DELETED>    (B) planned or proposed public 
                transportation investments, including--</DELETED>
                        <DELETED>    (i) financial contributions for 
                        capital and operating costs of public 
                        transportation;</DELETED>
                        <DELETED>    (ii) improvements for bicycle 
                        riders and pedestrians;</DELETED>
                        <DELETED>    (iii) action taken to increase the 
                        number of trips made using public 
                        transportation and bicycles and by walking; 
                        and</DELETED>
                        <DELETED>    (iv) special efforts to address 
                        the needs of elderly, disabled, and low-income 
                        populations, including populations in rural 
                        areas;</DELETED>
                <DELETED>    (C) investment in and actions relating to 
                plans or proposals for incentives, subsidies, or 
                requirements for developers to create and preserve 
                affordable housing, including--</DELETED>
                        <DELETED>    (i) workforce housing and 
                        affordable housing for low-income families, 
                        particularly housing in mixed-income, location-
                        efficient neighborhoods with transit-oriented 
                        development and access to public 
                        transportation, employment, and commercial and 
                        other services; and</DELETED>
                        <DELETED>    (ii) affordable housing for very 
                        low- and extremely low-income families, 
                        particularly housing in mixed-income, location-
                        efficient neighborhoods with transit-oriented 
                        development;</DELETED>
                <DELETED>    (D) actions taken to promote transit-
                oriented development, including plans or proposals for 
                zoning, or for incentives, subsidies, or requirements 
                for developers; and</DELETED>
                <DELETED>    (E) planned or proposed incentives, 
                subsidies, or requirements designed to preserve 
                agricultural and rural land and other green space, 
                including planned or proposed programs for the purchase 
                of development rights;</DELETED>
        <DELETED>    (6) minimizes the Federal share necessary to carry 
        out the project;</DELETED>
        <DELETED>    (7) 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;</DELETED>
        <DELETED>    (8) promotes location-efficient development 
        through--</DELETED>
                <DELETED>    (A) mixed-income, mixed-use residential 
                and commercial development that is accessible to jobs 
                and public transportation; or</DELETED>
                <DELETED>    (B) development that is pedestrian-
                friendly and includes complete street 
                projects;</DELETED>
        <DELETED>    (9) promotes diversity among the geographic 
        regions and the sizes of the population of the communities 
        served by recipients of grants under this section;</DELETED>
        <DELETED>    (10) demonstrates that a Federal grant is 
        necessary to accomplish the project or projects proposed to be 
        carried out;</DELETED>
        <DELETED>    (11) has a high quality overall; and</DELETED>
        <DELETED>    (12) demonstrates such other qualities as the 
        Director may determine.</DELETED>
<DELETED>    (f) Grant Activities.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Projects and investments.--An eligible entity 
        that receives a grant under the grant program shall carry out 1 
        or more projects that--</DELETED>
                <DELETED>    (A) are designed to achieve goals 
                identified in a comprehensive regional plan; 
                and</DELETED>
                <DELETED>    (B) promote livable communities through 
                investment in--</DELETED>
                        <DELETED>    (i) transit-oriented 
                        development;</DELETED>
                        <DELETED>    (ii) transportation infrastructure 
                        and facilities, including public 
                        transportation, projects that improve access to 
                        public transportation, structured parking near 
                        public transportation, and complete street 
                        projects;</DELETED>
                        <DELETED>    (iii) short-term operating funds 
                        to initiate a demonstration of new public 
                        transportation services;</DELETED>
                        <DELETED>    (iv) promotion of employer-based 
                        commuter benefit programs to increase public 
                        transportation ridership;</DELETED>
                        <DELETED>    (v) promotion of trip reduction 
                        programs and the use of transportation 
                        alternatives;</DELETED>
                        <DELETED>    (vi) creating or preserving 
                        affordable housing for low-, very low-, and 
                        extremely low-income families in mixed-income, 
                        mixed-use neighborhoods with access to public 
                        transportation;</DELETED>
                        <DELETED>    (vii) brownfield redevelopment, or 
                        other redevelopment of communities and 
                        commercial areas, including the main streets of 
                        small towns;</DELETED>
                        <DELETED>    (viii) infrastructure maintenance 
                        and improvement initiatives that support 
                        regionally integrated planning and smart 
                        growth;</DELETED>
                        <DELETED>    (ix) energy efficiency retrofit 
                        projects;</DELETED>
                        <DELETED>    (x) land banking for transit-
                        oriented development;</DELETED>
                        <DELETED>    (xi) implementing land use, 
                        zoning, and other code reforms to promote 
                        location-efficient development and sustainable 
                        development;</DELETED>
                        <DELETED>    (xii) other economic development 
                        that is part of the comprehensive regional 
                        plan; and</DELETED>
                        <DELETED>    (xiii) other activities consistent 
                        with the purposes of this Act, as determined by 
                        the Director.</DELETED>
<DELETED>    (g) Grant Agreement.--Each eligible entity that receives a 
grant under this section shall agree to establish, in coordination with 
the Director, performance measures and reporting requirements that must 
be met at the end of each year in which the eligible entity receives 
funds under the grant program.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) withhold financial assistance until the 
        performance measures are met; or</DELETED>
        <DELETED>    (2) terminate the grant agreement.</DELETED>
<DELETED>    (i) Report on the Sustainability Challenge Grant.--
</DELETED>
        <DELETED>    (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 this section 
        shall submit a final report on the project to the 
        Council.</DELETED>
        <DELETED>    (2) Contents of report.--The report shall 
        include--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) a discussion of any obstacles 
                encountered in the planning and implementation process 
                and how the eligible entity overcame the 
                obstacles;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) any other information the Director may 
                require.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (j) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) Authorization.--There are authorized to be 
        appropriated to the Secretary for the award of grants under 
        this section, to remain available until expended--</DELETED>
                <DELETED>    (A) $750,000,000 for fiscal year 
                2011;</DELETED>
                <DELETED>    (B) $1,250,000,000 for fiscal year 2012; 
                and</DELETED>
                <DELETED>    (C) $1,750,000,000 for fiscal year 
                2013.</DELETED>
        <DELETED>    (2) Technical assistance.--Of amounts made 
        available under this subsection, the Director may use for 
        technical assistance under section 5(c)(3) an amount that does 
        not exceed the lesser of--</DELETED>
                <DELETED>    (A) 0.5 percent of the amounts made 
                available under this subsection for a fiscal year; 
                and</DELETED>
                <DELETED>    (B) $2,000,000.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Livable Communities Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Demographic trends support the need for cooperation in 
        land use planning and the development of housing and 
        transportation. The population of the United States will grow 
        from approximately 307,000,000 people to approximately 
        439,000,000 people during the period between 2010 and 2050, an 
        increase of more than 40 percent.
            (2) By 2025, nearly 1 in every 5 people in the United 
        States will be 65 years of age or older.
            (3) During the period between 1980 and 2000, the growth of 
        the 99 largest metropolitan areas in the continental United 
        States consumed 16,000,000 acres of rural land, or about 1 acre 
        for every new household.
            (4) In 2007, traffic congestion caused people in large and 
        small metropolitan areas of the United States to waste 
        4,200,000,000 hours in traffic and to purchase an extra 
        2,800,000,000 gallons of fuel, for a congestion cost of 
        $87,200,000,000. This represents a 5-fold increase in wasted 
        time and cost since 1982.
            (5) The Energy Information Administration of the Department 
        of Energy forecasts that driving will increase 59 percent 
        between 2005 and 2030, far outpacing the projected 23-percent 
        increase in population.
            (6) According to the United States Census Bureau, only 54 
        percent of households in the United States have access to 
        public transportation, limiting their transportation options.
            (7) In 2008, voters throughout the United States approved 
        State and local ballot initiatives that supported public 
        transportation 79 percent of the time, even when it meant local 
        taxes would be raised or continued.
            (8) Demographers estimate that as much as 30 percent of 
        current demand for housing is for housing in dense, walkable, 
        mixed-use communities, and that less than 2 percent of new 
        housing is in this category.
            (9) The average household spends 19 percent of its 
        household budget on transportation, and some very low-income 
        households spend as much as 55 percent of the household budget 
        on transportation. Households with good access to public 
        transportation spend only 9 percent of the household budget on 
        transportation, which increases the portion of the household 
        budget available for other critical household needs.
            (10) The need for safe and affordable housing is great. 
        Fifty-four percent of renters spend more than 30 percent of 
        their income on housing costs, and 29 percent of renters pay 
        more than 50 percent of their income for housing. In 2007, 
        there was a shortage of 2,800,000 units of affordable housing 
        for extremely low-income renter households. An estimated 
        6,000,000 households live with moderate or severe housing 
        conditions, including heating, plumbing, and electrical 
        problems, and 24,000,000 households face significant lead-based 
        paint hazards.
            (11) People who live in areas of compact development (where 
        housing, shopping, jobs, and public transportation are in close 
        proximity) drive 20 to 40 percent less than people who live in 
        average development patterns in the United States.
            (12) When the effects of emissions savings from passengers 
        taking transit instead of driving and the reduction in vehicle 
        miles traveled due to the impact of transit on land use are 
        taken into account, public transportation in the United States 
        reduces carbon dioxide emissions by nearly 37,000,000 metric 
        tons each year.
            (13) Transportation accounts for 70 percent of the oil 
        consumed in the United States and nearly \1/3\ of carbon 
        emissions in the United States come from the transportation 
        sector. Reducing the growth of the number of miles driven and 
        providing transportation alternatives through good planning and 
        sustainable development is a necessary part of the energy 
        independence and climate change strategies of the United 
        States.
            (14) A number of studies, reports, and articles by 
        organizations including the Environmental Protection Agency, 
        the National Association of Realtors, and the Transit 
        Cooperative Research Project have found that one of the keys to 
        revitalizing and maintaining the character of town centers and 
        preserving surrounding agricultural land in small and rural 
        communities is to prevent commercial and residential 
        development on the outskirts of town, by promoting integrated 
        housing, economic, and transportation development in town 
        centers.
            (15) More than 1,600,000 rural households do not have 
        access to cars.
            (16) The burden of transportation costs is especially heavy 
        for low-income rural residents, because residents of rural 
        areas drive approximately 17 percent more than residents of 
        urban areas.
            (17) Demand for public transportation in rural and small 
        town communities is growing. Between 2002 and 2005, ridership 
        on small urban and rural public transportation systems 
        increased 20 percent.
            (18) Poorly planned development in rural areas can fragment 
        agricultural and forest lands, pollute waterways with surface 
        water runoff, cause unnecessary environmental impacts, strain 
        the capacity of rural roads, and sap economic vitality from 
        existing ``main street'' commercial areas.
            (19) Funding for integrated housing, transportation, 
        energy, environmental, and economic development and other land 
        use planning efforts at the local and regional levels is 
        necessary to provide for sustainable development and smart 
        growth.
            (20) Responsibilities related to health hazards in housing 
        are not clearly delineated among Federal agencies. Categorical 
        housing, health, energy assistance, and environmental programs 
        are narrowly defined and often miss opportunities to address 
        multiple hazards in the same dwelling simultaneously. Enabling 
        Federal programs to embrace a comprehensive healthy housing 
        approach will require removing unnecessary Federal statutory 
        and regulatory barriers, and creating incentives to advance the 
        complementary goals of environmental health, energy 
        conservation, and housing availability in relevant programs.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to facilitate and improve the coordination of housing, 
        community development, transportation, energy, and 
        environmental policy in the United States;
            (2) to coordinate Federal policies and investments to 
        promote sustainable development;
            (3) to encourage regional planning for livable communities 
        and the adoption of sustainable development techniques, 
        including transit-oriented development;
            (4) to provide a variety of safe, reliable transportation 
        choices, with special emphasis on public transportation and 
        complete streets, in order to reduce traffic congestion, 
        greenhouse gas emissions, and dependence on foreign oil;
            (5) to provide long-term affordable, accessible, energy-
        efficient, and location-efficient housing choices for people of 
        all ages, incomes, races, and ethnicities, and to make the 
        combined costs of housing and transportation more affordable to 
        families;
            (6) to support, revitalize, and encourage growth in 
        existing communities, in order to maximize the cost-
        effectiveness of existing infrastructure and preserve 
        undeveloped lands;
            (7) to promote economic development and competitiveness by 
        connecting the housing and employment locations of workers, 
        reducing traffic congestion, and providing families with access 
        to essential services;
            (8) to preserve the environment and natural resources, 
        including agricultural and rural land and green spaces; and
            (9) to support public health and improve the quality of 
        life for the residents of, and workers in, communities by 
        promoting healthy, walkable neighborhoods, access to green 
        space, and the mobility to pursue greater opportunities.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Active transportation.--The term ``active 
        transportation'' means modes of transportation powered solely 
        by human energy, including bicycling and walking.
            (2) Affordable housing.--The term ``affordable housing'' 
        means housing, the cost of which does not exceed 30 percent of 
        the income of a family.
            (3) Census tract.--The term ``census tract'' means a small, 
        relatively permanent statistical subdivision of a county, 
        delineated by a local committee of census data users for the 
        purpose of presenting data.
            (4) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Interagency Council on Sustainable 
        Communities.
            (5) Complete street.--The term ``complete street'' means a 
        street that enables all travelers, particularly public transit 
        users, bicyclists, pedestrians (including individuals of all 
        ages and individuals with disabilities), and motorists, to use 
        the street safely and efficiently.
            (6) Comprehensive regional plan.--The term ``comprehensive 
        regional plan'' means a plan that--
                    (A) identifies land use, transportation, community 
                development, housing, economic development, 
                environmental, energy, public health, and 
                infrastructure needs and goals in a region;
                    (B) provides strategies for meeting the needs and 
                goals described in subparagraph (A), including 
                strategies for--
                            (i) providing long-term affordable, 
                        accessible, energy-efficient, and location-
                        efficient housing choices for people of all 
                        ages, incomes, races, and ethnicities;
                            (ii) reducing growth in vehicle miles 
                        traveled, in order to reduce traffic 
                        congestion, oil consumption, and regional 
                        greenhouse gas emissions from transportation;
                            (iii) encouraging economic competitiveness 
                        and economic development;
                            (iv) increasing the connectivity of the 
                        region by increasing public transportation 
                        ridership, improving access to transportation 
                        alternatives, and effectively implementing a 
                        coordinated human services transportation plan; 
                        and
                            (v) preserving the environment and natural 
                        resources; and
                    (C) prioritizes projects for funding and 
                implementation.
            (7) Consortium of units of general local governments.--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.
            (8) Coordinated human services transportation.--The term 
        ``coordinated human services transportation'' means 
        transportation services consistent with the coordinated public 
        transportation-human services transportation plans required 
        under chapter 53 of title 49, United States Code.
            (9) Council.--The term ``Council'' means the Interagency 
        Council on Sustainable Communities established under section 6.
            (10) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (11) Director.--The term ``Director'' means the Director of 
        the Office of Sustainable Housing and Communities established 
        under section 5.
            (12) 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.
            (13) 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.
            (14) High-poverty area.--The term ``high-poverty area'' 
        means a census tract, or a group of contiguous census tracts, 
        that has a poverty rate of 20 percent or more.
            (15) 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.
            (16) 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).
            (17) Integrated active transportation network.--The term 
        ``integrated active transportation network'' means a network of 
        facilities for active transportation, including bicycle lanes, 
        bikeways, bicycle boulevards, pedestrian and bicycle trails, 
        and sidewalks that are coordinated to provide safe and 
        convenient connections to public transportation, workplaces, 
        schools, residences, businesses, recreation areas, and other 
        community activity centers.
            (18) 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.
            (19) Location-efficient.--The term ``location-efficient'' 
        characterizes mixed-use development or neighborhoods that 
        integrate housing, commercial development, and facilities and 
        amenities including employment, healthcare and human services, 
        educational facilities, and transportation--
                    (A) to enhance mobility;
                    (B) to encourage transit-oriented development;
                    (C) to encourage infill development and maximize 
                the use of existing infrastructure; and
                    (D) to reduce growth in vehicle miles traveled and 
                the transportation costs and energy requirements 
                associated with ownership or rental of a home.
            (20) 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)).
            (21) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means--
                    (A) a metropolitan planning organization described 
                in section 134(b) of title 23, United States Code; or
                    (B) a metropolitan planning organization described 
                in section 5303(b) of title 49, United States Code.
            (22) Metropolitan statistical area.--The term 
        ``metropolitan statistical area'' means a county or group of 
        counties that--
                    (A) is designated by the Office of Management and 
                Budget as a metropolitan statistical area; and
                    (B) has 1 or more large population centers with a 
                population of not less than 50,000 and adjacent 
                territory with a high level of integration with the 
                core.
            (23) Micropolitan statistical area.--The term 
        ``micropolitan statistical area'' means a county or group of 
        counties that--
                    (A) is designated by the Office of Management and 
                Budget as a micropolitan statistical area; and
                    (B) has 1 or more large urban clusters with a 
                population of not less than 10,000 and not more than 
                50,000.
            (24) Noncore area.--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.
            (25) Older adult.--The term ``older adult'' means an 
        elderly person, as defined in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (26) Office.--The term ``Office'' means the Office of 
        Sustainable Housing and Communities established under section 
        5.
            (27) Regional council.--The term ``regional council'' means 
        a multi-service 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.
            (28) 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.
            (29) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (30) State.--The term ``State'' has the meaning given that 
        term by the Secretary, by rule.
            (31) Sustainable development.--The term ``sustainable 
        development'' means a pattern of resource use designed to 
        create livable communities by--
                    (A) providing a variety of safe, reliable, and 
                accessible transportation choices, with special 
                emphasis on public transportation and complete streets, 
                in order to reduce traffic congestion, greenhouse gas 
                emissions, and oil consumption;
                    (B) providing long-term affordable, accessible, 
                energy-efficient, and location-efficient housing 
                choices for people of all income levels, ages, races, 
                and ethnicities;
                    (C) supporting, revitalizing, and encouraging the 
                growth of communities and maximizing the cost-
                effectiveness of existing infrastructure;
                    (D) promoting economic development and economic 
                competitiveness;
                    (E) preserving the environment and natural 
                resources;
                    (F) protecting agricultural land, rural land, and 
                green spaces; and
                    (G) supporting public health and improving the 
                quality of life for residents of, and workers in, a 
                community.
            (32) 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.
            (33) 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.
            (34) 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.
            (35) 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)).
            (36) Workforce housing.--The term ``workforce housing'' 
        means housing, the cost of which does not exceed 30 percent 
        of--
                    (A) 120 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, as determined by the Secretary, 
                of the median income in the area where the family 
                lives, 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.

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 and initiatives that foster 
        livable communities--
                    (A) to encourage sustainable development at the 
                State, regional, and local levels;
                    (B) to encourage the development of comprehensive 
                regional plans;
                    (C) to foster energy-efficient communities and 
                housing;
                    (D) to 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
                    (E) to achieve other goals consistent with the 
                purposes of this Act;
            (2) review Federal programs and policies to determine 
        barriers to sustainable communities and make recommendations to 
        promote sustainability in the Department and throughout the 
        Federal Government;
            (3) conduct research and advise the Secretary on the 
        research agenda of the Department relating to sustainable 
        development, in coordination with the Office of Policy 
        Development and Research of the Department;
            (4) provide support for participation by the Secretary in 
        the activities of the Council;
            (5) implement and oversee the grant programs established 
        under this Act by--
                    (A) developing grant applications for each grant 
                program;
                    (B) promulgating regulations 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;
            (6) provide guidance, information on best practices, and 
        technical assistance to communities seeking to adopt 
        sustainable development policies and practices;
            (7) administer initiatives of the Department relating to 
        the policies described in paragraph (1), as determined by the 
        Secretary;
            (8) work with the Federal Transit Administration of the 
        Department of Transportation--
                    (A) to encourage transit-oriented development; and
                    (B) to coordinate Federal housing, community 
                development, and transportation policies, including the 
                policies described in paragraph (1); and
            (9) coordinate with and conduct outreach to Federal 
        agencies, including the Federal Transit Administration of the 
        Department of Transportation and the Office of Smart Growth of 
        the Environmental Protection Agency, on sustainability issues, 
        including 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.
    (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, in coordination with the 
        Council or a working group established by the Council under 
        section 6(b)(6), shall carry out the grant programs established 
        under this Act.
            (2) Small and rural communities grants program.--The 
        Director shall coordinate with the Council, or a working group 
        established by the Council under section 6(b)(6), and the 
        Secretary of Agriculture to make grants to small and rural 
        communities under section 7(c)(1)(A) and section 8(c)(1)(A).
            (3) Interim working group.--During the period between the 
        date of enactment of this Act and the date on which a 
        memorandum of understanding is signed under section 6(a)(7), in 
        carrying out the grant programs under this Act, the Secretary 
        shall consult with an interim working group that includes the 
        Secretary of Transportation, the Administrator of the 
        Environmental Protection Agency (or the designee of such 
        Secretary or Administrator), and representatives from such 
        other Federal agencies, departments, or offices, as the 
        President may determine.
            (4) Technical assistance for grant recipients and 
        applicants.--
                    (A) In general.--The Director may--
                            (i) coordinate with the members of the 
                        Council to establish interagency and 
                        multidisciplinary teams to provide technical 
                        assistance to recipients of, and prospective 
                        applicants for, grants under this Act;
                            (ii) by Federal interagency agreement, 
                        transfer funds to another Federal agency to 
                        facilitate and support technical assistance; 
                        and
                            (iii) make contracts with third parties to 
                        provide technical assistance to grant 
                        recipients and prospective applicants for 
                        grants.
                    (B) Rural and small communities technical 
                assistance.--In consultation with the Council, the 
                Director shall develop cooperative arrangements with 
                the Secretary of Agriculture, the Administrator of the 
                Environmental Protection Agency, and the Secretary of 
                Transportation to provide technical assistance to small 
                and rural communities applying for grants under section 
                7(c)(1)(A) or section 8(c)(1)(A).
    (d) Report on Housing Location Affordability Index.--
            (1) Study.--The Director shall conduct a study on--
                    (A) the development of a housing location 
                affordability index that includes both housing and 
                transportation costs; and
                    (B) ways in which the affordability index described 
                in subparagraph (A) could be made available to the 
                public to inform consumers of the combined costs of 
                housing and transportation.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Director shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives a report on the study under paragraph (1).
    (e) Report on Incentives for Energy-Efficient Mortgages and 
Location-Efficient Mortgages.--
            (1) Definitions.--In this subsection--
                    (A) the term ``energy-efficient mortgage'' means a 
                mortgage loan under which the income of the borrower, 
                for purposes of qualification for such loan, is 
                considered to be increased by not less than $1 for each 
                $1 of savings projected to be realized by the borrower 
                as a result of cost-effective energy-saving design, 
                construction, or improvements (including use of 
                renewable energy sources, such as solar, geothermal, 
                biomass, and wind, super-insulation, energy-saving 
                windows, insulating glass and film, and radiant 
                barrier) for the home for which the loan is made; and
                    (B) the term ``location-efficient mortgage'' means 
                a mortgage loan under which--
                            (i) the income of the borrower, for 
                        purposes of qualification for such loan, is 
                        considered to be increased by not less than $1 
                        for each $1 of savings projected to be realized 
                        by the borrower because the location of the 
                        home for which the loan is made will result in 
                        decreased transportation costs for the 
                        household of the borrower; or
                            (ii) the sum of the principal, interest, 
                        taxes, and insurance due under the mortgage 
                        loan is decreased by not less than $1 for each 
                        $1 of savings projected to be realized by the 
                        borrower because the location of the home for 
                        which the loan is made will result in decreased 
                        transportation costs for the household of the 
                        borrower.
            (2) Study.--
                    (A) In general.--The Director shall conduct a study 
                on incentives for encouraging lenders to make, and 
                homebuyers and homeowners to participate in, energy-
                efficient mortgages and location-efficient mortgages, 
                including--
                            (i) fee reductions;
                            (ii) fee waivers;
                            (iii) interest rate reductions; and
                            (iv) adjustment of mortgage qualifications.
                    (B) Considerations.--In studying the incentives 
                under subparagraph (A), the Secretary shall consider--
                            (i) the potential for lower risk of default 
                        on energy-efficient mortgages and location-
                        efficient mortgages in comparison to mortgages 
                        that are not energy-efficient or location-
                        efficient; and
                            (ii) any other factors affecting the 
                        feasibility, affordability, and sustainability 
                        of energy-efficient mortgages and location-
                        efficient mortgages.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Director shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives a report on the study under paragraph (2).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE COMMUNITIES.

    (a) Establishment of Council.--
            (1) Establishment.--There is established in the executive 
        branch an independent entity to be known as the Interagency 
        Council on Sustainable Communities.
            (2) Members.--
                    (A) In general.--The members of the Council shall 
                be--
                            (i) the Secretary, the Secretary of 
                        Transportation, and the Administrator of the 
                        Environmental Protection Agency; and
                            (ii) such representatives from other 
                        Federal agencies, departments, or offices in 
                        the executive branch as the President may 
                        prescribe.
                    (B) Designees.--
                            (i) In general.--The head of a Federal 
                        agency described in subparagraph (A) may select 
                        a designee to serve in the place of the head of 
                        the Federal agency on the Council.
                            (ii) Qualifications.--The head of a Federal 
                        agency that selects a designee under clause (i) 
                        shall ensure that the designee has the 
                        appropriate experience and authority to serve 
                        on the Council.
                    (C) Pay.--The members of the Council shall serve 
                with no additional pay.
            (3) Chairperson.--
                    (A) Chairperson.--The Chairperson of the Council 
                shall be, in successive terms--
                            (i) the Secretary;
                            (ii) the Secretary of Transportation; and
                            (iii) the Administrator of the 
                        Environmental Protection Agency.
                    (B) Duties.--The Chairperson shall--
                            (i) set the time, date, and location of 
                        each meeting of the Council; and
                            (ii) in consultation with the members of 
                        the Council, set the agenda for each meeting of 
                        the Council.
                    (C) Term.--The Chairperson shall serve for a term 
                of 1 year.
                    (D) First chairperson.--The Secretary shall be the 
                first individual to serve as Chairperson after the date 
                of enactment of this Act.
            (4) Executive director and staff.--
                    (A) Executive director.--
                            (i) Appointment and compensation.--The 
                        Council shall appoint an Executive Director, 
                        who shall be compensated at a rate not to 
                        exceed the rate of basic pay for level V of the 
                        Executive Schedule under section 5316 of title 
                        5, United States Code.
                            (ii) Sense of congress.--It is the sense of 
                        Congress that the Council should appoint an 
                        Executive Director not later than 90 days after 
                        the date of enactment of this Act.
                    (B) Additional personnel.--With the approval of the 
                Council, the Executive Director of the Council may 
                appoint and fix the compensation of such additional 
                personnel as the Executive Director determines are 
                necessary to carry out the duties of the Council.
                    (C) Detailees from other agencies.--Upon request of 
                the Council, the head of any Federal agency may detail 
                any of the personnel of such agency to the Council to 
                assist the Council in carrying out its duties under 
                this section.
                    (D) Experts and consultants.--With the approval of 
                the Council, the Executive Director of the Council may 
                procure temporary and intermittent services pursuant to 
                section 3109(b) of title 5, United States Code.
            (5) Consultation with additional secretaries and 
        administrators.--
                    (A) Consultation.--In carrying out its duties under 
                this section, the Council may consult with the heads of 
                departments, agencies, and offices in the executive 
                branch, including the Secretary of Energy, the 
                Secretary of Education, the Secretary of Agriculture, 
                the Secretary of Health and Human Services, the 
                Secretary of Commerce, the Secretary of the Interior, 
                the Chairman of the Council on Environmental Quality, 
                and the Director of the White House Office of Urban 
                Affairs.
                    (B) Participation in meetings of council.--The head 
                of a department, agency, or office with whom the 
                Council consults under subparagraph (A) may participate 
                in a meeting of the Council.
                    (C) Information sharing.--The head of each Federal 
                agency shall make available to the Council such 
                information as may be necessary for the Council to 
                carry out its duties under this section.
            (6) Meetings.--The Council shall meet--
                    (A) not later than 90 days after the date of 
                enactment of this Act; and
                    (B) not less frequently than 3 times each year.
            (7) Governance.--Not later than 120 days after the date of 
        enactment of this Act, the members of the Council shall develop 
        and sign a memorandum of understanding that establishes rules 
        relating to the governance of the Council, including rules 
        relating to the process by which decisions of the Council are 
        made.
            (8) Incorporation of work of interim working group.--Any 
        activities carried out by an interim working group pursuant to 
        section 5(c)(2) shall be incorporated into the activities of 
        the Council, effective on the date on which the memorandum of 
        understanding under paragraph (7) is signed.
    (b) Duties of the Council.--The Council shall--
            (1) ensure interagency coordination of Federal policy on 
        sustainable development;
            (2) conduct outreach to nonprofit and for-profit 
        organizations and State and local governments to build 
        partnerships and knowledge relating to sustainable development;
            (3) with respect to sustainable development efforts by 
        departments and agencies of the Federal Government--
                    (A) coordinate the research agendas of the 
                departments and agencies, to consolidate or eliminate 
                overlapping or duplicative efforts; and
                    (B) review Federal sustainable housing programs at 
                each department and agency, report the results of the 
                review on the website of the Council not less than 
                frequently than annually, and make recommendations to 
                Congress with respect to the review;
            (4) establish a clearinghouse for guidance, best practices, 
        and other information for communities undertaking activities 
        relating to sustainable development;
            (5) coordinate an assessment by departments and agencies of 
        the Federal Government of impediments to sustainable 
        development, including impediments created by Federal programs, 
        and the development of recommendations for methods for 
        overcoming such impediments;
            (6) coordinate with the Director on activities relating to 
        the grant programs established under this Act, as described in 
        section 5(a)(5), or establish a working group to coordinate 
        with the Director on such activities;
            (7) lead the Federal initiative to support healthy housing 
        and eradicate housing-related health hazards by--
                    (A) reviewing, monitoring, and evaluating Federal 
                housing, health, energy, and environmental programs and 
                identifying areas of overlap and duplication that could 
                be improved;
                    (B) identifying best practices and model programs, 
                including practices and programs that link services for 
                low-income families and services for health hazards;
                    (C) identifying best practices for finance 
                products, building codes, and regulatory practices;
                    (D) researching training programs and work 
                practices that can accurately assess housing-related 
                health hazards;
                    (E) promoting collaboration among Federal, State, 
                local, and tribal agencies and non-governmental 
                organizations; and
                    (F) coordinating with all relevant Federal 
                agencies; and
            (8) coordinate with the Director to develop common 
        performance measures to assess the progress and effectiveness 
        of projects carried out using grants made under this Act, 
        including efforts to provide detailed and in-depth analysis, 
        data collection, and application of rigorous methods of 
        measuring and addressing the impacts and outcomes of the 
        projects, particularly with respect to the extent to which the 
        projects have--
                    (A) provided improved and efficient access to jobs 
                and other activities throughout metropolitan areas and 
                micropolitan areas and regions;
                    (B) reduced carbon emissions and petroleum 
                consumption associated with transportation on per 
                capita and vehicle-miles-traveled bases, and made other 
                environmental improvements, as determined by the 
                Council;
                    (C) increased energy efficiency in communities and 
                housing;
                    (D) improved the availability and quality of long-
                term affordable and location-efficient housing for 
                people of all income levels, particularly in mixed-
                income neighborhoods with access to public 
                transportation;
                    (E) encouraged density and mixed-use development 
                within \1/2\ mile of transit stations in regions with 
                fixed guideway transit;
                    (F) increased the number of trips taken by walking, 
                biking, and transit in a region;
                    (G) encouraged location-efficient development and 
                the use of existing infrastructure in a region; and
                    (H) prompted an increase in comprehensive regional 
                land use planning efforts, including the preservation 
                of agricultural and rural land and green spaces.
    (c) Reports.--
            (1) Annual report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Council 
        shall submit to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on Financial Services 
        of the House of Representatives a report that contains--
                    (A) a description of the activities and 
                accomplishments of the Council;
                    (B) an evaluation of the development and 
                implementation of performance measures to guide 
                progress on cost-effective and outcome-oriented 
                investment and a description of possible impediments to 
                developing effective performance measures; and
                    (C) recommendations, if any, for legislation or 
                other action necessary to eradicate housing-related 
                health hazards.
            (2) Recommendations.--Not later than 1 year after the date 
        of enactment of this Act, the Council shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives a report that contains--
                    (A) an analysis of impediments to sustainable 
                development; and
                    (B) recommendations for action by the Federal 
                Government on issues relating to sustainable 
                development.
    (d) Studies and Reports.--
            (1) GAO study of federal actions and report.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Comptroller General shall submit to the Committee on Banking, 
        Housing, and Urban Affairs of the Senate and the Committee on 
        Financial Services of the House of Representatives a report 
        that contains--
                    (A) an updated analysis of impediments to 
                sustainable development, as described in subsection 
                (c)(2)(A); and
                    (B) a description of actions taken by the Federal 
                Government to implement the recommendations made by the 
                Council in the report under subsection (c)(2)(B).
            (2) Council study on sustainable building features and 
        indoor environmental quality in housing.--
                    (A) In general.--The Council, in consultation with 
                Secretary of Energy, the Directors of the National 
                Institute of Standards and Technology, the Director of 
                the Centers for Disease Control and Prevention, the 
                National Institute of Environmental Health Sciences, 
                and any other Federal agency the Director determines is 
                appropriate, shall conduct a detailed study of how 
                sustainable building features, such as energy 
                efficiency, in housing affect the quality of the indoor 
                environment, the prevalence of housing-related health 
                hazards, and the health of occupants.
                    (B) Contents of study.--The study under 
                subparagraph (A) shall--
                            (i) investigate the effect of sustainable 
                        building features on the quality of the indoor 
                        environment and the prevalence of housing-
                        related health hazards;
                            (ii) investigate how sustainable building 
                        features, such as energy efficiency, influence 
                        the health of occupants; and
                            (iii) comprehensively evaluate the effects 
                        on indoor environmental quality.
                    (C) Report.--Not later than 3 years after the date 
                of enactment of this Act, the Council shall submit to 
                the Committee on Banking, Housing, and Urban Affairs of 
                the Senate and the Committee on Financial Services of 
                the House of Representatives a report on the results of 
                the study under subparagraph (A).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM.

    (a) Definitions.--In this section--
            (1) 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;
            (2) 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; or
                            (iii) a State and an Indian tribe; and
            (3) the term ``grant program'' means the comprehensive 
        planning grant program established under subsection (b).
    (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 land use, housing, transportation, 
        including coordinated human services transportation, 
        infrastructure, and environmental planning processes, across 
        jurisdictions and agencies;
            (2) to identify potential regional partnerships for 
        developing and implementing a comprehensive regional plan;
            (3) to conduct or update housing, infrastructure, 
        transportation, energy, and environmental assessments to 
        determine regional needs and promote sustainable development;
            (4) to develop or update--
                    (A) a comprehensive regional plan; or
                    (B) goals and strategies to implement an existing 
                comprehensive regional plan; and
            (5) to implement 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 award not less 
                than 15 percent of the funds under the grant program to 
                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.
                    (B) 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) 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.
            (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 the public transportation agencies 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, as 
                        appropriate, representatives of a State, the 
                        metropolitan planning organization, the rural 
                        planning organization, the regional council, 
                        public transportation agencies, public housing 
                        agencies, economic development authorities, 
                        Indian tribes, other local governments, 
                        environmental agencies, public health agencies, 
                        human services agencies, area agencies on 
                        aging, the nonprofit community, the private 
                        sector, community-based organizations, citizen 
                        groups, neighborhood groups, and members of the 
                        public, including representatives of older 
                        adults, persons with disabilities, and low-
                        income families;
                    (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) furthers the creation of livable communities;
            (2) demonstrates the technical capacity of the eligible 
        entity to carry out the project;
            (3) 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);
            (4) demonstrates a commitment to--
                    (A) sustainable development and location-efficient 
                development;
                    (B) transit-oriented development, where 
                appropriate;
                    (C) developing new capacity for public 
                transportation and increasing ridership on public 
                transportation;
                    (D) providing long-term affordable, accessible, 
                energy-efficient, healthy, and location-efficient 
                housing choices for families of all ages, incomes, 
                races, and ethnicities;
                    (E) creating and preserving long-term affordable, 
                energy-efficient, healthy, and location-efficient 
                housing for low-, very low-, and extremely low-income 
                families, particularly in mixed-income neighborhoods;
                    (F) revitalizing communities, neighborhoods and 
                commercial centers supported by existing 
                infrastructure;
                    (G) monitoring and improving environmental quality, 
                including air and water quality, energy use, greenhouse 
                gas emissions, and the redevelopment of brownfields;
                    (H) coordinating the provision of transportation 
                services and information about such services to older 
                adults, persons with disabilities, and low-income 
                families; and
                    (I) increasing trips made by bicycle and walking 
                through strategies including developing integrated 
                active transportation networks and enacting and 
                implementing complete street policies;
            (5) demonstrates a plan for implementing a comprehensive 
        regional plan through regional infrastructure investment plans 
        and local land use plans;
            (6) promotes diversity among the geographic regions and the 
        size of the population of the communities served by recipients 
        of grants under this section;
            (7) promotes economic benefits;
            (8) demonstrates a commitment to seeking substantial public 
        input during the planning process and public participation in 
        the development of the comprehensive regional plan;
            (9) demonstrates that a Federal grant is necessary to 
        accomplish the project proposed to be carried out;
            (10) minimizes the Federal share necessary to carry out the 
        project and leverages State, local, or private resources;
            (11) has a high quality overall; and
            (12) 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) Planning and coordinating across jurisdictions in the 
        region to develop a comprehensive regional plan.
            (2) Developing achievable goals and strategies for carrying 
        out the comprehensive regional plan, including--
                    (A) land use, zoning, and other code reform, 
                including reform of conservation zoning in agricultural 
                and other natural resource areas;
                    (B) promoting efficient land use, mixed-use 
                development, and the preservation of agricultural, 
                green, and open space;
                    (C) increasing access to and ridership on public 
                transportation, including safe, accessible routes to 
                public transportation;
                    (D) the creation and preservation of workforce 
                housing and affordable housing for low-, very low-, and 
                extremely low-income families, including housing with 
                access to jobs, public transportation, and community 
                services and amenities and housing in mixed-income 
                neighborhoods;
                    (E) promoting economic development and transit-
                oriented development, including co-location of 
                healthcare and human services;
                    (F) revitalizing communities;
                    (G) promoting environmental protection, public 
                health, and healthy housing, and reducing greenhouse 
                gas emissions;
                    (H) increasing connectivity to healthcare centers 
                for people of all ages and abilities, with particular 
                focus on older adults, persons with disabilities, and 
                veterans; and
                    (I) increasing trips made by bicycle and walking 
                through strategies including developing integrated 
                active transportation networks.
            (3) Developing a plan that outlines feasible steps for 
        implementing the comprehensive regional plan, including making 
        interjurisdictional agreements that provide for cooperative and 
        coordinated approaches to achieving the goals of the plan.
            (4) Developing a plan that adapts to changes in population 
        and demographics, including the adoption of location-efficient 
        land use plans and the adaptive re-use of vacant and abandoned 
        properties and underutilized properties.
            (5) Assessing projected regional population growth or loss 
        and demographic changes.
            (6) Assessing how the regional population growth or loss 
        and demographic changes will impact the need for housing, 
        community development, and transportation, including public 
        transportation in the region.
            (7) Assessing the accessibility of job centers within the 
        region to public transportation facilities and housing.
            (8) Assessing transportation options in the region, 
        including--
                    (A) public transportation options;
                    (B) options for creating integrated active 
                transportation networks to increase trips made by 
                bicycle and walking, including complete street policies 
                and procedures;
                    (C) options for people with low incomes, people 
                living in high-poverty areas, older adults, and persons 
                with disabilities;
                    (D) the effectiveness of coordinated human services 
                transportation in the region; and
                    (E) any obstacles to providing access to locations 
                that offer employment opportunities.
            (9) Assessing the daily vehicle miles traveled in the 
        region and opportunities for reducing the growth in daily 
        vehicle miles traveled and traffic congestion.
            (10) Assessing housing needs, including the need for 
        workforce housing and long-term affordable housing for low-, 
        very low-, and extremely low-income families, and the 
        availability of housing in the region to meet such needs.
            (11) Assessing the need to create, preserve, and improve 
        long-term affordable housing for low-, very low-, and extremely 
        low-income families and families that utilize workforce housing 
        in areas that--
                    (A) are undergoing redevelopment or carrying out 
                transit-oriented development;
                    (B) have access to transportation (particularly 
                public transportation), jobs, educational facilities, 
                neighborhood commercial centers, and medical services; 
                and
                    (C) are in mixed-income neighborhoods.
            (12) Assessing methods for lowering the combined cost of 
        housing and transportation for families in the region, 
        particularly for families that utilize workforce housing and 
        for low-, very low-, and extremely low-income families.
            (13) Assessing existing water and sewer infrastructure in 
        the region, including projected water and sewer needs and 
        sources, the need for sewer infrastructure, and the existence 
        of flood plains.
            (14) Assessing local land use and zoning policies and 
        opportunities for revising or expanding such policies to 
        implement a comprehensive regional plan.
            (15) Assessing the opportunity to revitalize existing 
        communities, including infill development.
            (16) Assessing environmental and public health needs in the 
        region and potential strategies for reducing greenhouse gas 
        emissions, improving air and water quality, and remediating 
        brownfield sites.
            (17) Assessing the impact of infrastructure on quality of 
        life and wellness, including access to recreational facilities 
        and active transportation opportunities, such as trails, and 
        the availability of nutritious food.
            (18) Assessing projected loss of agricultural and rural 
        land and other green space in the region to development, and 
        methods to minimize such loss.
            (19) Developing techniques to inform decisionmakers on how 
        changes in population and demographics and employment, 
        development patterns, and investments in transportation 
        infrastructure are likely to affect travel, congestion, air 
        quality, and quality of life.
            (20) Implementing land use, zoning, and other code reforms 
        to promote location efficiency and sustainable development.
            (21) Assessing school siting policies and school locations 
        for opportunities to increase the proximity of students to 
        schools and increase the rate of walking and bicycling to 
        school.
            (22) Other activities consistent with the purposes of this 
        Act, as determined by the Director.
    (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) Reports Required.--
            (1) First annual report.--Not later than 60 days after the 
        end of the first year after the grant agreement is made under 
        subsection (g), and each year thereafter, an eligible entity 
        that receives a grant under this section shall submit to the 
        Director a progress report that contains--
                    (A) a description of any progress made toward 
                meeting the performance measures established under 
                subsection (g), including--
                            (i) a description of any partnership 
                        created across policy and governmental 
                        jurisdictions and a description of any task 
                        force or multiagency group established by the 
                        eligible entity at the regional level; and
                            (ii) a description of--
                                    (I) housing, land use, 
                                transportation, public transportation, 
                                energy, infrastructure, and 
                                environmental needs in the region; or
                                    (II) the obstacles encountered that 
                                prevented the eligible entity from 
                                completing a comprehensive evaluation 
                                of housing, land use, transportation, 
                                public transportation, energy, 
                                infrastructure, and environmental 
                                needs, and a date by which the eligible 
                                entity expects to complete the 
                                evaluation;
                    (B) a description of any planning goals for the 
                region that address housing, transportation, public 
                transportation, energy, infrastructure, and 
                environmental needs;
                    (C) a description of--
                            (i) a strategy for meeting the goals 
                        described in subparagraph (B), including a 
                        discussion of potential transportation, 
                        housing, transit-oriented development, energy, 
                        infrastructure, or environmental activities; or
                            (ii) the obstacles encountered that 
                        prevented the eligible entity from completing a 
                        strategy for meeting the goals identified under 
                        clause (i) and a date by which the eligible 
                        entity expects to complete the strategy;
                    (D) a description of the process for soliciting 
                public participation, and a description of the efforts 
                to reach affected populations and stakeholders; and
                    (E) any other information the Director may require.
            (2) Subsequent annual reports.--Except for the first report 
        required under paragraph (1), a report submitted under 
        paragraph (1) may be submitted in the form of an update, at the 
        discretion of the Director.
            (3) Final report.--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 this section shall 
        submit to the Director a final report that contains--
                    (A) a description of a comprehensive regional plan 
                that includes specific projects that will help meet 
                housing, transportation, energy, infrastructure, and 
                environmental goals for the region;
                    (B) a detailed description of how the plan under 
                subparagraph (A) meets the performance measures 
                established under subsection (g);
                    (C) a plan for the next steps to be taken by the 
                eligible entity, including whether the eligible entity 
                intends to apply for a sustainability challenge grant 
                under section 8; and
                    (D) any other information the Director may require.
    (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--
                    (A) $100,000,000 for fiscal year 2011; and
                    (B) $125,000,000 for each of fiscal years 2012 
                through 2014.
            (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)(4).

SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM.

    (a) Definitions.--In this section--
            (1) 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 the 
                        grant program;
            (2) 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; or
                            (iii) a State and an Indian tribe; and
            (3) the term ``grant program'' means the sustainability 
        challenge grant program established under subsection (b).
    (b) Sustainability Challenge Grant Program Established.--The 
Director shall establish a sustainability challenge grant program to 
make grants to eligible entities to--
            (1) promote integrated transportation, housing, energy, 
        infrastructure, environmental, and economic development 
        activities carried out across policy and governmental 
        jurisdictions;
            (2) promote sustainable development and location-efficient 
        development; and
            (3) 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 
        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 award not less 
                than 15 percent of the funds under the grant program to 
                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.
                    (B) 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.
            (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 5 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 
                the grant program, any amounts that an eligible entity 
                has not obligated under subparagraph (A)(i).
    (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 7 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;
                    (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
                            (iv) a summary of any comments received, 
                        including an explanation of why any such 
                        comments were or were not included in the final 
                        application;
                    (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) furthers the creation of livable communities;
            (2) promotes sustainable development and location-efficient 
        development;
            (3) demonstrates the technical capacity of the eligible 
        entity to carry out the project;
            (4) 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 public transportation agencies;
            (5) demonstrates clear and meaningful interjurisdictional 
        cooperation and coordination of housing, transportation, and 
        environmental policies and plans;
            (6) demonstrates a commitment to implementing a 
        comprehensive regional plan and documents action taken or 
        planned to implement the plan, including--
                    (A) rezoning or other changes to land use controls 
                to enable mixed-use, mixed-income development;
                    (B) planned or proposed public transportation 
                investments, including--
                            (i) financial contributions for capital and 
                        operating costs of public transportation;
                            (ii) improvements for bicycle riders and 
                        pedestrians, including complete street policies 
                        and procedures and integrated active 
                        transportation networks;
                            (iii) action taken to increase the number 
                        of trips made using public transportation and 
                        bicycles and by walking;
                            (iv) special efforts to address and plan 
                        for the needs of older adults, persons with 
                        disabilities, and low-income families, and to 
                        address issues of rural isolation and 
                        accessibility to community support and services 
                        among such populations; and
                            (v) efforts to fully engage in a locally 
                        developed, coordinated public transit and human 
                        services transportation planning process under 
                        chapter 53 of title 49, United States Code;
                    (C) actions taken to promote the sustainability and 
                viability of smaller cities, small towns and rural 
                areas, focusing on the historic and unique downtown or 
                main street areas of such cities, towns, and areas, as 
                applicable;
                    (D) investment in and actions relating to plans or 
                proposals for incentives, subsidies, or requirements 
                for developers to create and preserve affordable 
                housing, including--
                            (i) workforce housing and affordable 
                        housing for low-income families, particularly 
                        housing in mixed-income, location-efficient 
                        neighborhoods with transit-oriented development 
                        and access to public transportation, 
                        employment, and commercial and other services; 
                        and
                            (ii) affordable housing for very low- and 
                        extremely low-income families, particularly 
                        housing in mixed-income, location-efficient 
                        neighborhoods with transit-oriented 
                        development;
                    (E) actions taken to promote transit-oriented 
                development, including plans or proposals for zoning, 
                or for incentives, subsidies, or requirements for 
                developers; and
                    (F) planned or proposed incentives, subsidies, or 
                requirements designed to preserve agricultural and 
                rural land and other green space, including planned or 
                proposed programs for the purchase of development 
                rights;
            (7) minimizes the Federal share necessary to carry out the 
        project and leverages a significant amount of State, local, or 
        private resources;
            (8) 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;
            (9) promotes diversity among the geographic regions and the 
        size of the population of the communities served by recipients 
        of grants under the grant program;
            (10) demonstrates a commitment to substantial public input 
        throughout the implementation process;
            (11) demonstrates that a Federal grant is necessary to 
        accomplish the project or projects proposed to be carried out;
            (12) has a high quality overall; and
            (13) 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.
            (2) Projects and investments.--An eligible entity that 
        receives a grant under the grant program shall carry out 1 or 
        more projects that--
                    (A) are designed to achieve the goals identified in 
                a comprehensive regional plan; and
                    (B) promote livable communities through investment 
                in--
                            (i) transit-oriented development;
                            (ii) transportation infrastructure and 
                        facilities projects (including public 
                        transportation projects) that improve access to 
                        public transportation, intermodal transit 
                        facilities that enhance regional mobility by 
                        bringing together as many modes of transport as 
                        possible, structured parking near public 
                        transportation, integrated active 
                        transportation networks, and complete street 
                        projects;
                            (iii) short-term operating funds to 
                        initiate a demonstration of new public 
                        transportation services;
                            (iv) promotion of employer-based commuter 
                        benefit programs to increase public 
                        transportation ridership;
                            (v) promotion of trip reduction programs 
                        and the use of transportation alternatives;
                            (vi) creating or preserving affordable, 
                        energy-efficient, and healthy housing for low-, 
                        very low-, and extremely low-income families in 
                        mixed-income, mixed-use neighborhoods with 
                        access to public transportation;
                            (vii) adapting to changes in population and 
                        demographics, including by adopting location-
                        efficient land use plans and re-using vacant 
                        and abandoned properties and underutilized 
                        properties;
                            (viii) brownfield redevelopment, or other 
                        redevelopment of communities and commercial 
                        areas, including the main streets of small 
                        towns;
                            (ix) infrastructure maintenance and 
                        improvement initiatives that support regionally 
                        integrated planning and smart growth;
                            (x) energy efficiency retrofit projects;
                            (xi) land banking for transit-oriented 
                        development;
                            (xii) infrastructure maintenance, 
                        improvement and development that improve--
                                    (I) quality of life and wellness, 
                                including access to recreational 
                                facilities and active transportation 
                                opportunities, such as trails; and
                                    (II) the availability of nutritious 
                                food;
                            (xiii) implementing land use, zoning, and 
                        other code reforms to promote location-
                        efficient development and sustainable 
                        development;
                            (xiv) other economic development that is 
                        part of the comprehensive regional plan; or
                            (xv) other activities consistent with the 
                        purposes of this Act, as determined by the 
                        Director.
    (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 Sustainability 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 Council.
            (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) Community Zoning and Land Use Planning Grant and Building Code 
Enforcement Grant Program.--
            (1) Definition of the term ``building code enforcement''.--
        In this subsection, the term ``building code enforcement''--
                    (A) means the enforcement of any code adopted by a 
                State or local government that regulates the 
                construction or maintenance of buildings and related 
                facilities; and
                    (B) includes the enforcement of building codes, 
                electrical codes, energy codes, fire codes, fuel gas 
                codes, mechanical codes, plumbing codes, zoning codes, 
                property maintenance codes, and wildland-urban 
                interface codes.
            (2) Grant program established.--The Director may award 
        competitive grants under this subsection--
                    (A) to States, units of general local government, 
                and tribal authorities to fund local land use, zoning, 
                and building code updates to promote livable 
                communities and sustainable development; and
                    (B) to units of general local government and tribal 
                authorities, to fund building code enforcement.
            (3) Use of funds.--
                    (A) In general.--A State, unit of general local 
                government, or tribal authority may use a grant under 
                paragraph (2)(A) for updating zoning and building codes 
                to support sustainable communities and energy 
                efficiency, including through--
                            (i) the adoption of location-efficient land 
                        use plans, development of master plans or 
                        comprehensive plans that promote affordable 
                        housing co-located or well-connected with 
                        retail and business development;
                            (ii) the development and implementation of 
                        local, corridor, or district plans and 
                        strategies that promote livability;
                            (iii) revisions to zoning codes, 
                        ordinances, building standards, or other laws 
                        to remove barriers to sustainable development 
                        and promote sustainable development and mixed-
                        use, mixed-income development;
                            (iv) revisions to building codes to promote 
                        energy-efficient rehabilitation and new 
                        construction to create affordable housing and 
                        healthy housing;
                            (v) strategies for creating or preserving 
                        affordable housing along existing or planned 
                        transit corridors; and
                            (vi) strategies to bring affordable housing 
                        to areas that have few affordable housing 
                        opportunities and are close to suburban 
                        employment centers.
                    (B) Use of funds for building code enforcement.--
                            (i) In general.--A unit of general local 
                        government or tribal authority may use a grant 
                        under paragraph (2)(B) for the enforcement of 
                        residential, energy, fire, and other building-
                        related codes.
                            (ii) Use as supplemental funding.--A grant 
                        under paragraph (2)(B) may be used to 
                        supplement State or local funding for the 
                        administration of building code enforcement. A 
                        grant described in this subparagraph may be 
                        used to increase staffing, provide staff 
                        training, increase staff competence and 
                        professional qualifications, or support 
                        individual certification or departmental 
                        accreditation, or for capital expenditures 
                        specifically dedicated to the administration of 
                        building-related codes.
            (4) Selection criteria for building code enforcement 
        grants.--
                    (A) In general.--In selecting applicants for grants 
                under paragraph (2)(B), the Director shall consider--
                            (i) the plan of the applicant to continue 
                        any services provided using a grant under this 
                        subsection with fees or other revenue, after 
                        grant funds are expended, as appropriate;
                            (ii) the financial need of the building 
                        code enforcement jurisdiction in which the 
                        applicant is located; and
                            (iii) the ability of the building code 
                        enforcement department of the applicant to work 
                        cooperatively with planning officials, health 
                        departments, and other agencies to improve 
                        community safety.
                    (B) Building code enforcement authority.--The 
                Director may award a grant to an applicant under 
                paragraph (2)(B) only if the Director determines that 
                the applicant has the authority to enforce building 
                codes and regulations and to collect fees for permits 
                and inspections with respect to such codes and 
                regulations.
            (5) Maximum amount of grants.--The amount of a grant 
        awarded under this subsection may not exceed--
                    (A) $3,000,000 for a grant under paragraph (2)(A); 
                or
                    (B) $1,000,000 for a grant under paragraph (2)(B).
            (6) Federal share.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Federal share of the cost of a project carried 
                out using a grant under this subsection may not exceed 
                80 percent.
                    (B) In-kind contributions.--In-kind contributions 
                may be used for the non-Federal share of the cost of a 
                project carried out using a grant under this 
                subsection.
                    (C) Waiver.--The Director may award a grant under 
                this subsection for which the Federal share of the cost 
                of the project carried out using the grant exceeds 80 
                percent, based upon the level of economic distress of 
                the jurisdiction seeking the grant.
    (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--
                    (A) $100,000,000 for fiscal year 2011;
                    (B) $500,000,000 for fiscal year 2012;
                    (C) $700,000,000 for fiscal year 2013; and
                    (D) $900,000,000 for fiscal year 2014.
            (2) Technical assistance.--Of amounts made available under 
        this subsection for a fiscal year, the Director may use for 
        technical assistance under section 5(c)(3) an amount that does 
        not exceed the lesser of--
                    (A) 0.5 percent of the amounts made available under 
                this subsection for the fiscal year; or
                    (B) $2,000,000.
            (3) Community zoning and land use planning grant and 
        building code enforcement grant program.--Of amounts made 
        available under this subsection for a fiscal year, the Director 
        may use not more than $50,000,000 for grants under subsection 
        (j).

SEC. 9. REGENERATION PLANNING GRANT DEMONSTRATION PROGRAM.

    (a) Definitions.--In this section, the following definitions shall 
apply:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a unit of general local government or an Indian 
                tribe that has experienced--
                            (i) a loss in population of at least 15 
                        percent since 1970, as measured by data from 
                        the most recent decennial census or American 
                        Community Survey; or
                            (ii) prolonged population, income, and 
                        employment loss resulting in substantial levels 
                        of housing vacancy and abandonment that are 
                        concentrated in more than one neighborhood or 
                        geographic area within the unit of general 
                        local government;
                    (B) a consortium of units of general local 
                governments in which the most populous unit of general 
                local government has experienced--
                            (i) a loss in population of at least 15 
                        percent since 1970, as measured by data from 
                        the most recent decennial census or American 
                        Community Survey; or
                            (ii) prolonged population, income, and 
                        employment loss resulting in substantial levels 
                        of housing vacancy and abandonment that are 
                        concentrated in more than one neighborhood or 
                        geographic area within the unit of general 
                        local government; or
                    (C) an entity described in subparagraph (A) or (B) 
                and an eligible partner.
            (2) Eligible partner.--The term ``eligible partner'' 
        means--
                    (A) a State;
                    (B) an Indian tribe;
                    (C) a community revitalization nonprofit agency 
                with a city or regionwide area of focus;
                    (D) a consortium of community revitalization 
                nonprofit agencies; or
                    (E) a consortium of local universities and 
                colleges.
            (3) Grant program.--The term ``grant program'' means the 
        regeneration planning grant program established under 
        subsection (b).
            (4) Regeneration plan.--The term ``regeneration plan'' 
        means a plan that--
                    (A) integrates land use, economic development, 
                housing, environmental, energy, food production, 
                recreation, job and workforce development, 
                infrastructure, and transportation programs, policies, 
                and projects to address the special needs of an 
                eligible entity;
                    (B) creates a community-driven vision and action 
                plan for reclaiming the most distressed and abandoned 
                areas of an eligible entity, stabilizing transitional 
                neighborhoods within an eligible entity, and building 
                on the strengths and assets of the stable areas within 
                an eligible entity;
                    (C) develops holistic strategies for meeting the 
                needs and goals of an eligible entity, including 
                strategies that--
                            (i) provide for the efficient and 
                        sustainable use of land, structures, 
                        neighborhoods, and resources within the 
                        community or region;
                            (ii) increase the safety, value, stability, 
                        and connectivity of neighborhoods;
                            (iii) develop green infrastructure 
                        strategies to address environmental, energy, 
                        recreation, and food systems needs; or
                            (iv) encourage workforce development and 
                        economic competitiveness through implementation 
                        of regeneration activities.
    (b) Regeneration Planning Grant Program Established.--The Secretary 
shall establish a regeneration planning grant program to make grants to 
eligible entities to develop a regeneration plan, in accordance with 
the grant agreement under subsection (e).
    (c) Grants.--
            (1) Diversity of grantees.--The Secretary shall ensure 
        geographic diversity among and adequate representation from 
        smaller units of general local government, with populations of 
        not more than 150,000, and larger units of general local 
        government, with populations of more than 150,000, with 
        population measured by the most recent decennial census data or 
        American Community Survey, or in the case of consortia of units 
        of general local governments, consortia in which the largest 
        unit of general local government has such a population. The 
        Secretary shall prioritize the distribution of regeneration 
        planning grants to eligible applicants that have experienced 
        significant population loss due to large-scale employment 
        losses that have caused substantial levels of housing vacancy 
        and abandonment.
            (2) Federal share.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Federal share of the cost of developing a 
                regeneration plan under the grant program may not 
                exceed 80 percent.
                    (B) Indian tribes.--In the case of an eligible 
                entity that is an Indian tribe, the Federal share of 
                the cost of developing a regeneration plan under the 
                grant program may be 100 percent.
                    (C) In-kind contributions.--In-kind contributions 
                may be used for the non-Federal share of the cost of 
                developing a regeneration plan under the grant program.
            (3) Technical assistance for grant recipients and 
        applicants.--The Secretary may--
                    (A) establish a technical assistance program for 
                prospective applicants, particularly to applicants from 
                smaller communities (including distressed older 
                industrial cities, rural communities, and first tier 
                suburbs), preparing to apply for grants under this 
                section;
                    (B) make contracts with third parties to provide 
                technical assistance to grant recipients and 
                prospective applicants for grants under this section; 
                and
                    (C) coordinate to establish interagency and 
                multidisciplinary teams to provide technical assistance 
                to recipients of and prospective applicants for grants 
                under this section.
            (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 (e) 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 (e) 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 the grant program shall submit to the Secretary an 
        application at such time and in such manner as the Secretary 
        shall prescribe.
            (2) Contents.--
                    (A) In general.--Each application submitted under 
                this subsection shall contain a regeneration plan.
                    (B) Plan elements.--The regeneration plan required 
                under subparagraph (A) shall include--
                            (i) a comprehensive land use plan that 
                        reflects the population loss the community or 
                        region has experienced, reflects future 
                        population trends, including any anticipated 
                        further losses, using the most current data 
                        available, and provides for the efficient and 
                        sustainable use of land, structures, 
                        neighborhoods, and resources within the 
                        community or region;
                            (ii) a plan for creation of green 
                        infrastructure to be set aside in the community 
                        or region for recreation, open space, 
                        agriculture, park use, educational use, or 
                        purposes related to future economic or 
                        residential development;
                            (iii) a detailed implementation strategy 
                        for the plan, including modifications to a 
                        comprehensive or master land use plan, 
                        neighborhood plans, strategic demolition plans, 
                        and zoning and building codes;
                            (iv) a plan for integrating related 
                        programs and strategies funded through other 
                        sources, including Federal, State, local, and 
                        private sources, into the implementation 
                        strategy described in clause (iii);
                            (v) a plan to create new employment 
                        opportunities, especially in areas directly 
                        related to the implementation of the 
                        regeneration plan, including building 
                        deconstruction, removal of buildings and 
                        infrastructure, creation of green 
                        infrastructure, environmental remediation, and 
                        long-term employment in environmentally 
                        sustainable activities, including urban 
                        agriculture, open space maintenance, and 
                        renewable energy production; or
                            (vi) any other element, as determined 
                        appropriate or feasible by the Secretary.
    (e) Grant Agreement.--Each eligible entity that receives a grant 
under the grant program shall agree to establish, in coordination with 
the Secretary, annual reporting requirements, and other requirements 
that the Secretary determines are necessary that shall be met each year 
in which the eligible entity receives funds under the grant program.
    (f) Public Outreach.--
            (1) Outreach required.--Each eligible entity that receives 
        a grant under the grant program shall perform outreach 
        activities--
                    (A) to engage a broad cross-section of community 
                stakeholders in the process of developing a 
                regeneration plan, including low-income families, 
                minorities, older adults, economically disadvantaged 
                community members, affected citizens, community groups 
                and any others who would be impacted by the adoption of 
                a regeneration plan; and
                    (B) to create an effective means for stakeholders 
                to participate in the development and implementation of 
                a regeneration plan.
            (2) Finalization of regeneration plan.--
                    (A) In general.--An eligible entity that receives a 
                grant under the grant program may not finalize a 
                regeneration 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 regeneration 
                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.
    (g) Violation of Grant Agreement or Failure to Comply With Public 
Outreach Requirements.--If the Secretary determines that an eligible 
entity has not met the requirements established under subsection (e), 
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 (f), the Secretary 
may--
            (1) withhold financial assistance until the performance 
        measures are met; or
            (2) terminate the grant agreement.
    (h) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        for regeneration planning grants under this section $20,000,000 
        for each of fiscal years 2011 through 2014.
            (2) Technical assistance.--The Secretary may use not more 
        than 5 percent of the amounts made available under this 
        subsection for a fiscal year for technical assistance under 
        subsection (c)(3).
    (i) Implementation of Regeneration Plans.--To the extent 
practicable, for a reasonable amount of time following the full 
expenditure of a grant under this section, the Secretary shall ensure 
that each recipient of a grant under this section--
            (1) establishes and maintains processes providing for the 
        continued implementation and periodic revision of regeneration 
        plans; and
            (2) submits to the Secretary such reports as the Secretary 
        determines are necessary.

SEC. 10. INFRASTRUCTURE CREDIT FACILITY TO SUPPORT TRANSIT-ORIENTED 
              DEVELOPMENT.

    (a) Definitions.--In this section--
            (1) the term ``eligible applicant'' means a State or local 
        government;
            (2) 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); and
            (3) the term ``project'' means an infrastructure 
        development project that is used to support transit-oriented 
        development, 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; or
                    (C) utility development, including rehabilitating 
                existing, or providing for new drinking water, 
                wastewater, electric, and gas utilities.
    (b) Infrastructure Credit Facility 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 supports a 
        transit-oriented development that--
                    (A) is part of a community-wide development plan;
                    (B) promotes sustainable development; and
                    (C) ensures that not less than 15 percent of any 
                housing units made available through the transit-
                oriented development are for lower-income households.
            (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);
                    (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; or
            (4) other revenue sources dedicated to the project by 
        property owners and businesses.
    (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--
            (1) $20,000,000 for each of fiscal years 2011 and 2012; and
            (2) $30,000,000 for each of fiscal years 2013 and 2014.

SEC. 11. 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 Community 
Development Act of 1980 (42 U.S.C. 1436a).
                                                       Calendar No. 716

111th CONGRESS

  2d Session

                                S. 1619

_______________________________________________________________________

                                 A BILL

  To establish the Office of Sustainable Housing and Communities, to 
   establish the Interagency Council on Sustainable Communities, to 
   establish a comprehensive planning grant program, to establish a 
    sustainability challenge grant program, and for other purposes.

_______________________________________________________________________

                           December 19, 2010

                       Reported with an amendment
```