[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1658 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1658

  To establish the Council on Healthy Housing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2009

 Mr. Reed (for himself, Mr. Johanns, Mrs. Boxer, Mr. Merkley, and Mr. 
   Franken) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish the Council on Healthy Housing, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Housing Council Act of 
2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In the United States--
                    (A) 5,700,000 households live in homes with 
                moderate or severe physical hazards;
                    (B) 23,000,000 homes have significant lead-based 
                paint hazards;
                    (C) 8,700,000 homes have had leaks in the last 12 
                months;
                    (D) 6,000,000 homes have had signs of mice in the 
                last 3 months; and
                    (E) 1 in 15 homes have dangerous levels of radon.
            (2) Residents of housing that is poorly designed, 
        constructed, or maintained are at risk for cancer, carbon 
        monoxide poisoning, burns, falls, rodent bites, childhood lead 
        poisoning, asthma, and other illnesses and injuries. Vulnerable 
        subpopulations, such as children and the elderly, are at 
        elevated risk for housing-related illnesses and injuries.
            (3) Because substandard housing typically poses the 
        greatest risks, the disparities in the distribution of housing-
        related health hazards are striking. One million two hundred 
        thousand housing units with significant lead-based paint 
        hazards house low-income families with children under 6 years 
        of age.
            (4) Housing-related illnesses, including asthma and lead 
        poisoning, disproportionately affect children from lower-income 
        families and from specific racial and ethnic groups. In 2005, 
        13 percent of Black children were reported to have asthma, as 
        compared with 9 percent of both Hispanic and White children. 
        Black children are twice as likely to die from residential 
        injuries as White children, and 3 percent of Black children and 
        2 percent of Mexican-American children have elevated blood lead 
        levels, as compared to only 1.3 percent of White children.
            (5) The annual costs for environmentally attributable 
        childhood diseases in the United States, including lead 
        poisoning, asthma, and cancer, total $54,900,000,000. This 
        amount is approximately 3 percent of total health care costs.
            (6) Appropriate housing design, construction, and 
        maintenance, timely correction of deficiencies, planning 
        efforts, and low-cost preventative measures can reduce the 
        incidence of serious injury or death, improve the ability of 
        residents to survive in the event of a major catastrophe, and 
        contribute to overall well-being and mental health. Housing 
        units that are kept lead-safe are approximately 25 percent less 
        likely to have another child with elevated blood lead levels. 
        Properly installed and maintained smoke alarms reduce the risk 
        of fire deaths by 50 percent.
            (7) Providing healthy housing to families and individuals 
        in the United States will help prevent an estimated 240,000 
        elevated blood lead levels in young children, 11,000 
        unintentional injury deaths, 12,000,000 nonfatal injuries, 
        3,000 deaths in house fires, 14,000 burn injuries, and 21,000 
        radon-associated lung cancer deaths that occur in United States 
        housing each year, as well as 20,000,000 asthma cases and 
        14,000,000 missed school days.
            (8) While there are many programs in place to address 
        housing-related health hazards, these programs are fragmented 
        and spread across many agencies, making it difficult for at-
        risk families and individuals to access assistance or to 
        receive comprehensive information.
            (9) Better coordination among Federal agencies is needed, 
        as is better coordination at State and local levels, to ensure 
        that families and individuals can access government programs 
        and services in an effective and efficient manner.

SEC. 3. DEFINITIONS.

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

SEC. 4. INTERAGENCY COUNCIL ON HEALTHY HOUSING.

    (a) Establishment.--There is established in the executive branch an 
independent council to be known as the Interagency Council on Healthy 
Housing.
    (b) Objectives.--The objectives of the Council are as follows:
            (1) To promote the supply of and demand for healthy housing 
        in the United States through capacity building, technical 
        assistance, education, and public policy.
            (2) To promote coordination and collaboration among the 
        Federal departments and agencies involved with housing, public 
        health, energy efficiency, emergency preparedness and response, 
        and the environment to improve services for families and 
        individuals residing in inadequate or unsafe housing and to 
        make recommendations about needed changes in programs and 
        services with an emphasis on--
                    (A) maximizing the impact of existing programs and 
                services by transitioning the focus of such programs 
                and services from categorical approaches to 
                comprehensive approaches that consider and address 
                multiple housing-related health hazards;
                    (B) reducing or eliminating areas of overlap and 
                duplication in the provision and accessibility of such 
                programs and services;
                    (C) ensuring that resources, including assistance 
                with capacity building, are targeted to and sufficient 
                to meet the needs of high-risk communities, families, 
                and individuals; and
                    (D) facilitating access by families and individuals 
                to programs and services that help reduce health 
                hazards in housing.
            (3) To identify knowledge gaps, research needs, and policy 
        and program deficiencies associated with inadequate housing 
        conditions and housing-related illnesses and injuries.
            (4) To help identify best practices for achieving and 
        sustaining healthy housing.
            (5) To help improve the quality of existing and newly 
        constructed housing and related programs and services, 
        including those programs and services which serve low-income 
        families and individuals.
            (6) To establish an ongoing system of coordination among 
        and within such agencies or organizations so that the healthy 
        housing needs of families and individuals are met in a more 
        effective and efficient manner.
    (c) Membership.--The Council shall be composed of the following 
members:
            (1) The Secretary of Health and Human Services.
            (2) The Secretary of Housing and Urban Development.
            (3) The Administrator of the Environmental Protection 
        Agency.
            (4) The Secretary of Energy.
            (5) The Secretary of Labor.
            (6) The Secretary of Veterans Affairs.
            (7) The Secretary of the Treasury.
            (8) The Secretary of Agriculture.
            (9) The Secretary of Education.
            (10) The head of any other Federal agency as the Council 
        considers appropriate.
            (11) Six additional non-Federal employee members, as 
        appointed by the President to serve terms not to exceed 2 
        years, of whom--
                    (A) 1 shall be a State or local Government Director 
                of Health or the Environment;
                    (B) 1 shall be a State or local Government Director 
                of Housing or Community Development;
                    (C) 2 shall represent nonprofit organizations 
                involved in housing or health issues; and
                    (D) 2 shall represent for-profit entities involved 
                in the housing, banking, or health insurance 
                industries.
    (d) Co-Chairpersons.--The co-Chairpersons of the Council shall be 
the Secretary of Housing and Urban Development and the Secretary of 
Health and Human Services.
    (e) Vice Chair.--Every 2 years, the Council shall elect a Vice 
Chair from among its members.
    (f) Meetings.--The Council shall meet at the call of either co-
Chairperson or a majority of its members at any time, and no less often 
than annually.

SEC. 5. FUNCTIONS OF THE COUNCIL.

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

SEC. 6. POWERS OF THE COUNCIL.

    (a) Hearings.--The Council may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Council considers advisable to carry out the purposes of this 
Act.
    (b) Information From Agencies.--Agencies which are represented on 
the Council shall provide all requested information and data to the 
Council as requested.
    (c) Postal Services.--The Council may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--
            (1) In general.--The Council may accept, use, and dispose 
        of gifts or donations of services or property.
            (2) Internal regulations.--The Council shall adopt internal 
        regulations governing the receipt of gifts or donations of 
        services or property similar to those described in part 2601 of 
        title 5, Code of Federal Regulations.
    (e) Contracts and Interagency Agreements.--The Council may enter 
into contracts with State, Tribal, and local governments, public 
agencies and private-sector entities, and into interagency agreements 
with Federal agencies. Such contracts and interagency agreements may be 
single-year or multi-year in duration.

SEC. 7. COUNCIL PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Council who is 
        not an officer or employee of the Federal Government shall be 
        reasonably compensated for that member's participation in the 
        Council, including reimbursement for travel expenses as 
        described in subsection (b).
            (2) Federal employees.--A member of the Council who is an 
        officer or employee of the United States shall serve without 
        compensation in addition to the compensation received for 
        services of the member as an officer or employee of the Federal 
        Government.
    (b) Travel Expenses.--The members of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Council.
    (c) Staff.--
            (1) Executive director.--The Council shall appoint an 
        Executive Director at its initial meeting. The Executive 
        Director shall be compensated at a rate not to exceed the rate 
        of pay payable for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
            (2) Compensation.--With the approval of the Council, the 
        Executive Director may appoint and fix the compensation of such 
        additional personnel as are necessary to carry out the duties 
        of the Council. The rate of compensation may be set without 
        regard to the provisions of chapter 51 and subchapter II of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay may not exceed the rate payable for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (d) Temporary and Intermittent Services.--In carrying out its 
objectives, the Council may procure temporary and intermittent services 
of consultants and experts under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay prescribed for level V of 
the Executive Schedule under section 5316 of such title.
    (e) Detail of Government Employees.--Upon request of the Council, 
any Federal Government employee may be detailed to the Council without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.
    (f) Administrative Support.--The Secretary of Housing and Urban 
Development shall provide the Council with such administrative 
(including office space) and supportive services as are necessary to 
ensure that the Council can carry out its functions.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act, $750,000 for each of fiscal years 2010 through 2014.
    (b) Availability.--Amounts authorized to be appropriated by 
subsection (a) shall remain available for the 2 fiscal years following 
such appropriation.
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