I 
112TH CONGRESS 
1ST SESSION H. R. 2609 
To establish an Office of Livability in the Office of the Secretary of 
Transportation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2011 
Mr. COHEN (for himself, Mr. BLUMENAUER, and Mr. CONNOLLY of Virginia) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
A BILL 
To establish an Office of Livability in the Office of the 
Secretary of Transportation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhancing Livability 
for All Americans Act of 2011’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Since the creation of the Interstate System, 
United States surface transportation has been de-
fined by the use of personal motor vehicles. 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
(8) Over reliance on automobiles can have ad-
verse impacts on public health, both through less-
ened physical activity and from increased pollutants. 
(9) In order to reduce the financial, environ-
mental, and quality of life impacts of traffic conges-
tion and to create modal choice for all users, the 
United States transportation system must include 
alternate modes of transportation to complement 
personal motor vehicle travel, including public tran-
sit, walking, and bicycling. 
(10) Public transit, walking, and bicycling are 
sustainable modes of transportation that result in 
5,600,000,000 gallons of fuel savings and reduce 
carbon dioxide emissions by 49,000,000 metric tons 
each year. 
(11) Sustainable modes of transportation can 
provide affordable transportation choices and have 
the ability to reduce the transportation cost burden. 
(12) Bicyclists and pedestrians are intended 
users of the surface transportation system, except 
where prohibited by law, and it is the policy of the 
Federal Government to encourage maximum accessi-
bility and safety with respect to the surface trans-
portation system for bicyclists and pedestrians as in-
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
tended users when designing and constructing sur-
face transportation facilities. 
(13) In order to provide access to sustainable 
modes of transportation, land use and planning deci-
sions must include consideration of transportation 
options. 
(14) A modally balanced surface transportation 
system will benefit all users through improved acces-
sibility, mobility, and quality of life. 
(15) Increasing the availability and use of sus-
tainable modes of transportation and the develop-
ment of livable communities are priorities of the 
United States. 
SEC. 3. OFFICE OF LIVABILITY. 
(a) IN GENERAL.—Chapter 3 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 330. Office of Livability 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Office of the Secretary an office to be 
known as the ‘Office of Livability’ (in this section referred 
to as the ‘Office’) to— 
‘‘(1) provide funding, leadership, and support 
for transportation projects, planning, and policies at 
all levels of government that enhance livability; and 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(2) work to create and maintain a safe, reli-
able, integrated, and accessible transportation net-
work that improves the economic and social well- 
being of the people of the United States by enhanc-
ing choices for transportation users that— 
‘‘(A) provide easy access to employment 
opportunities and other destinations; and 
‘‘(B) promote positive effects on the sur-
rounding community and environment. 
‘‘(b) DIRECTOR.— 
‘‘(1) IN GENERAL.—The Office shall be headed 
by a director who shall be known as the ‘‘Director 
of the Office of Livability’’ (in this section referred 
to as the ‘Director’) and who shall be appointed by 
the Secretary. 
‘‘(2) DUTIES.—The duties of the Director shall 
be to— 
‘‘(A) manage the programs of the Office; 
‘‘(B) provide leadership within the Depart-
ment of Transportation and throughout the 
United States with respect to Federal livability 
transportation policies; and 
‘‘(C) work collaboratively to ensure the ex-
peditious and successful implementation of the 
projects and programs of other offices within 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
the Department of Transportation relating to 
livability. 
‘‘(c) GRANT PROGRAMS.—The Director shall estab-
lish and carry out the grant programs established under 
this section by— 
‘‘(1) developing applications and criteria for the 
programs; 
‘‘(2) issuing regulations with respect to the pro-
grams; 
‘‘(3) selecting the recipients of grants under the 
programs; 
‘‘(4) creating performance measures for recipi-
ents of grants under the programs; 
‘‘(5) monitoring and evaluating the performance 
of recipients of grants under the programs; 
‘‘(6) developing technical assistance and other 
guidance to assist potential applicants, applicants, 
and recipients of grants under the programs; and 
‘‘(7) carrying out other activities with respect to 
the programs determined necessary by the Director. 
‘‘(d) GRANT PROGRAM FOR PROJECTS.— 
‘‘(1) ESTABLISHMENT.—The Director shall es-
tablish and carry out a grant program (in this sub-
section referred to as the ‘program’) to award grants 
on a competitive basis to eligible entities specified in 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
paragraph (2) to assist capital investments in sur-
face transportation projects that have a significant 
impact on a region, metropolitan area, community, 
or neighborhood. 
‘‘(2) ELIGIBLE
ENTITIES.—For purposes of 
paragraph (1), the following are eligible entities: 
‘‘(A) A State government. 
‘‘(B) A local government. 
‘‘(C) The government of a territory of the 
United States. 
‘‘(D) The government of an Indian tribe. 
‘‘(E) A transit agency. 
‘‘(F) A port authority. 
‘‘(G) A metropolitan planning organiza-
tion. 
‘‘(H) Any other political subdivision of a 
State or local government. 
‘‘(I) A multimodal or multi-State entity 
composed of entities specified in subparagraphs 
(A) through (H). 
‘‘(3) 
ELIGIBILITY
AND
PRIORITY
OF 
PROJECTS.— 
‘‘(A) ELIGIBILITY.—A grant under the 
program shall be used for a transportation 
project that enhances livability. To be eligible 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
for a grant under the program, an applicant 
must demonstrate the following: 
‘‘(i) The proposed project of the appli-
cant will take place in a community with a 
transportation system characterized by, in 
the determination of the Director, a major-
ity of the following: 
‘‘(I) Poor accessibility with re-
spect to job centers, schools, and 
other urban areas in the region. 
‘‘(II) Limited transportation op-
tions for residents, particularly for in-
dividuals living in high-poverty areas, 
the elderly, and individuals with a dis-
ability. 
‘‘(III) Limited access and safety 
with respect to all transportation 
modes, including bicycling and walk-
ing, and an overall record of poor 
transportation safety. 
‘‘(IV) 
Limited 
connectivity 
among existing transportation modes. 
‘‘(V) Significant congestion. 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
particularly for low-income and at-risk 
communities. 
‘‘(vi) Use of innovative land use strat-
egies to better coordinate transportation, 
housing, and development. 
‘‘(vii) Strong collaboration among a 
broad range of participants or the integra-
tion of transportation projects with other 
public service efforts. 
‘‘(viii) Revitalization of main streets 
and downtowns by making transportation 
improvements that encourage greater use 
of such areas. 
‘‘(ix) Support for community in-fill, 
transit-oriented development, or neighbor-
hood revitalization activities. 
‘‘(x) Support for goals or projects in-
cluded in a long range transportation plan. 
‘‘(4) SIZE
DIVERSITY.—In awarding grants 
under the program, the Director shall award— 
‘‘(A) at least 25 percent of the amount 
available for grants under the program to 
projects located in communities with a popu-
lation of not more than 200,000 individuals 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
(which may include amounts awarded pursuant 
to subparagraph (B)); and 
‘‘(B) at least 10 percent of the amount 
available for grants under the program to 
projects located in communities with a popu-
lation of not more than 50,000 individuals. 
‘‘(5) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available to a recipient of a grant under the 
program shall remain available for the 3 fiscal years 
beginning after the fiscal year in which amounts are 
provided. Amounts unobligated by the recipient at 
the end of such period shall be redistributed by the 
Director to other eligible entities under the program. 
‘‘(6) ANNUAL REPORT.—As a condition of re-
ceiving a grant under the program, the recipient of 
the grant shall submit to the Director, each fiscal 
year in which the grant amounts are received, a re-
port that, at a minimum— 
‘‘(A) lists and describes the projects and 
activities carried out by the recipient during the 
fiscal year; and 
‘‘(B) describes and analyzes the impact of 
the projects and activities with respect to the 
objectives of programs and activities under this 
section. 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(e) GRANT
PROGRAM
FOR
INNOVATIVE
PLAN-
NING.— 
‘‘(1) ESTABLISHMENT.—The Director shall es-
tablish and carry out a grant program (in this sub-
section referred to as the ‘program’) to award grants 
on a competitive basis to eligible entities specified in 
paragraph (2) to assist communities in developing 
strategic growth plans that provide a vision and 
goals for development with respect to at least a 20- 
year period and that integrate long-term transpor-
tation and land use planning. 
‘‘(2) ELIGIBLE
ENTITIES.—For purposes of 
paragraph (1), the following are eligible entities: 
‘‘(A) A State government. 
‘‘(B) A regional planning organization. 
‘‘(C) A metropolitan planning organization. 
‘‘(D) A local government. 
‘‘(3) PRIORITY
FOR
GRANTS.—The Director 
shall give priority in awarding grants under the pro-
gram to applicants that demonstrate the following: 
‘‘(A) The proposed strategic growth plan 
of the applicant is for a community with a 
transportation system characterized by, in the 
determination of the Director, a majority of the 
following: 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(i) Poor accessibility with respect to 
job centers, schools, and other urban areas 
in the region. 
‘‘(ii) Limited transportation options 
for residents, particularly for individuals 
living in high-poverty areas, the elderly, 
and individuals with a disability. 
‘‘(iii) Limited access and safety with 
respect to all transportation modes, includ-
ing bicycling and walking, and an overall 
record of poor transportation safety. 
‘‘(iv) Limited connectivity among ex-
isting transportation modes. 
‘‘(v) Significant congestion. 
‘‘(vi) Significant urban sprawl charac-
terized by low population density. 
‘‘(vii) Poor air and water quality. 
‘‘(viii) Limited green space and green-
ways. 
‘‘(ix) An excessive average vehicle 
miles traveled per resident. 
‘‘(B) Multijurisdictional partnerships and 
engagement with local jurisdictions, transit 
agencies and service providers, and housing and 
land use entities. 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(C) The ability to complete a strategic 
growth plan in an effective and timely manner. 
‘‘(D) The ability to incorporate the stra-
tegic growth plan into a long range transpor-
tation plan. 
‘‘(4) REQUIREMENTS ON STRATEGIC GROWTH 
PLANS.—A strategic growth plan for which a grant 
is awarded under the program shall develop a vision 
and goals for enhancing livability. The recipient of 
a grant under the program shall coordinate with 
local jurisdictions, transit agencies and service pro-
viders, and housing and land use entities and shall 
develop a strategic growth plan that— 
‘‘(A) furthers the creation of livable com-
munities; 
‘‘(B) incorporates the development of fea-
sible steps for implementing the plan, including 
interjurisdictional agreements that provide for 
cooperative and coordinated approaches to 
achieving plan goals; 
‘‘(C) assesses projected regional population 
growth or loss and other demographic changes, 
including by creating 2 to 4 alternative growth 
scenarios; 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(D) assesses how regional population 
growth or loss and other demographic changes 
may impact the need for housing, community 
development, and transportation, including pub-
lic transportation, in the region; 
‘‘(E) assesses existing transportation cor-
ridors and includes strategies for maintaining 
the corridors and for enhancing development 
along the corridors; 
‘‘(F) assesses the accessibility of job cen-
ters in the region with respect to public trans-
portation facilities and housing, including af-
fordable and public housing; 
‘‘(G) assesses transportation options in the 
region, including— 
‘‘(i) public transportation options, in-
cluding intercity and high-speed rail; 
‘‘(ii) options for individuals with low 
incomes, individuals living in high-poverty 
areas, the elderly, and individuals with a 
disability; and 
‘‘(iii) any obstacles to providing access 
to locations that offer employment oppor-
tunities, including those in other urban 
areas in the region; 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(H) assesses the daily vehicle miles trav-
eled in the region and the opportunities for re-
ducing growth in daily vehicle miles traveled 
and traffic congestion in the region; 
‘‘(I) assesses the environmental and public 
health needs of the region and incorporates 
strategies for reducing greenhouse gas emis-
sions, improving air and water quality, and re-
mediating brownfield sites; 
‘‘(J) includes strategies for adding new ca-
pacity for public transportation and increasing 
ridership on public transportation; 
‘‘(K) includes strategies for supporting the 
development of location-efficient and transit-ori-
ented development; 
‘‘(L) includes strategies for revitalizing 
communities, neighborhoods, and commercial 
centers by supporting existing infrastructure; 
‘‘(M) includes strategies for coordinating 
the provision of transportation services to indi-
viduals with low incomes, the elderly, and indi-
viduals with a disability; 
‘‘(N) includes strategies for reducing the 
combined costs of housing and transportation, 
particularly for low-income households; and 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(O) assesses public lands and waters and 
includes strategies for maintaining or enhancing 
the amount of public lands and waters. 
‘‘(5) SIZE
DIVERSITY.—In awarding grants 
under the program, the Director shall award— 
‘‘(A) at least 25 percent of the amount 
available for grants under the program to plans 
for communities with a population of not more 
than 200,000 individuals (which may include 
amounts awarded pursuant to subparagraph 
(B)); and 
‘‘(B) at least 10 percent of the amount 
available for grants under the program to plans 
for communities with a population of not more 
than 50,000 individuals. 
‘‘(6) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available to a recipient of a grant under the 
program shall remain available for the 3 fiscal years 
beginning after the fiscal year in which amounts are 
provided. Amounts unobligated by the recipient at 
the end of such period shall be redistributed by the 
Director to other eligible entities under the program. 
‘‘(7) MAXIMUM GRANT AMOUNTS.—The Direc-
tor shall establish the maximum amount of a grant 
under the program for each of the following: 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(A) Recipients developing a strategic 
growth plan for a community with a population 
of not more than 50,000 individuals. 
‘‘(B) Recipients developing a strategic 
growth plan for a community with a population 
of more than 50,000 individuals and not more 
than 200,000 individuals. 
‘‘(C) Recipients developing a strategic 
growth plan for a community with a population 
of more than 200,000 individuals and not more 
than 1,000,000 individuals. 
‘‘(D) Recipients developing a strategic 
growth plan for a community with a population 
of more than 1,000,000 individuals and not 
more than 3,000,000 individuals. 
‘‘(E) Recipients developing a strategic 
growth plan for a community with a population 
of more than 3,000,000 individuals. 
‘‘(8) ANNUAL REPORT.—As a condition of re-
ceiving a grant under the program, the recipient of 
the grant shall submit to the Director, each fiscal 
year in which the grant amounts are received, a re-
port that, at a minimum— 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(A) lists and describes the projects and 
activities carried out by the recipient during the 
fiscal year; 
‘‘(B) describes and analyzes the impact of 
the projects and activities with respect to the 
objectives of programs and activities under this 
section; 
‘‘(C) includes a set of performance meas-
ures to evaluate the strategic growth plan of 
the recipient, including measures with respect 
to the evaluation of economic development, 
quality of life, transportation costs, public 
health and safety, equitable access to transpor-
tation options, energy efficiency, greenhouse gas 
emission reductions and other environmental 
impacts, and transportation system conditions 
and connectivity; and 
‘‘(D) describes innovative planning and 
public participation methods developed and im-
plemented, including for engaging regional em-
ployers, public health and housing providers, 
and transportation users, including individuals 
with low incomes, the elderly, and individuals 
with a disability; 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(f) DEVELOPMENT OF STATISTICAL AND ANALYT-
ICAL CAPABILITIES.—The Director shall develop statis-
tical and analytical capabilities, in conjunction, when ap-
propriate, with other entities in the executive branch (in-
cluding the Environmental Protection Agency and the De-
partment of Housing and Urban Development) and with 
other entities within the Department of Transportation 
(including other offices within the Federal Highway Ad-
ministration, the Federal Transit Administration, the 
Federal Railroad Administration, the National Highway 
Traffic Safety Administration, and the Bureau of Trans-
portation Statistics) to ascertain, and shall determine, the 
following using the best available research methodologies: 
‘‘(1) The percentage of trips taken throughout 
the United States each year using each of the fol-
lowing modes of transportation: 
‘‘(A) Motor vehicle travel. 
‘‘(B) Public transit, including ferries. 
‘‘(C) Walking. 
‘‘(D) Bicycling. 
‘‘(E) Intercity rail and bus travel. 
‘‘(2) The economic, public health, and environ-
mental benefits derived due to the percentage of 
trips taken annually using sustainable modes of 
transportation. 
VerDate Mar 15 2010 
03:50 Jul 22, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2609.IH
H2609
smartinez on DSK6TPTVN1PROD with BILLS