[Congressional Record Volume 155, Number 127 (Thursday, September 10, 2009)]
[Senate]
[Pages S9265-S9268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself, Mr. Johanns, Mrs. Boxer, Mr. Merkley, 
        and Mr. Franken):
  S. 1658. A bill to establish the Council on Healthy Housing, and for 
other purposes; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. REED. Mr. President, I introduce with my colleague Senator 
Johanns, the Healthy Housing Council Act. I thank Senators Boxer, 
Merkley, and Franken for joining us as original cosponsors of this 
bill.
  This legislation would establish an independent interagency Council 
on Healthy Housing in the executive branch in order to improve the 
coordination of existing but fragmented programs, thereby enhancing the 
abilities of families to access Government programs and services in a 
more efficient and effective manner.

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  Many factors impact our health; however, our environment can be one 
of the most critical determinants to our overall health and well-being. 
That is why the issue of healthy housing is so important.
  According to the Department of Housing and Urban Development, there 
are more than 5.7 million households living in conditions with moderate 
or severe hazards such as incomplete cooking facilities, inadequate 
plumbing, the presence of mice and rats, and crumbling roofs and 
foundations. This count of moderate or severe physical problems does 
not even include significant lead-based paint hazards, which persist in 
23 million, or approximately four times as many, households. Sadly, 
housing-related health hazards take a heavy toll on Americans, 
resulting in 11,000 unintentional injury deaths, 3,000 deaths in house 
fires, and 21,000 radon-associated lung cancer deaths each year.
  Low-income and minority individuals and families are 
disproportionately affected by housing-related health hazards. We know 
that residents of poorly designed, constructed, or maintained housing 
are at greater risk for serious illnesses and injuries, including 
cancer, carbon monoxide poisoning, burns, falls, rodent bites, 
childhood lead poisoning, and asthma. According to the Centers for 
Disease Control and Prevention, non-Hispanic Blacks and Mexican-
Americans are three times as likely to have elevated blood-lead levels, 
compared to non-Hispanic whites. About 1.2 million housing units with 
significant lead-based paint hazards house low-income families with 
children under 6 years of age.
  If the disease and injury toll on our Nation's individuals and 
families, particularly our children, is not enough to demonstrate the 
need for coordinated Federal Government action on housing-related 
health hazards, consider some of the annual costs.
  According to research at the Mount Sinai Children's Environmental 
Health Center, annual costs for environmentally attributable childhood 
diseases in the U.S. total an estimated $54.9 billion. That number is 
approximately 3 percent of total health care costs. Indeed, as our 
housing deteriorates, our health care system bears the brunt of the 
associated injuries and illnesses.
  The good news is that low-cost preventative measures can have 
dramatic effects. For example, properly installing and maintaining a 
smoke alarm can cut the risk of deaths due to fire in half. The Centers 
for Disease Control and Prevention estimates that providing healthy 
housing to American families will help prevent 20 million asthma cases, 
240,000 incidents of elevated blood-lead levels in young children, 
14,000 burn injuries, and 21,000 radon-associated lung cancer deaths.
  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 to access assistance 
or to receive the comprehensive information they need.
  To address this situation, our bill authorizes $750,000 for each of 
fiscal years 2010 to 2014 for an independent Council on Healthy 
Housing, which would bring Federal, State, and local government 
representatives, as well as industry and nonprofit representatives, to 
the table at least once a year.
  The council would review, monitor, and evaluate existing housing, 
health, energy, and environmental programs. The council would then make 
recommendations to reduce duplication, ensure collaboration, identify 
best practices, and develop a comprehensive healthy housing research 
agenda.
  In order to ensure that members of the public are informed of and 
benefit from the council's activities, the council would hold biannual 
stakeholder meetings, maintain an updated website, and work to unify 
healthy housing data collection and maintenance.
  While there is a growing consensus on ways to help communities make 
housing healthier, the lack of coordination has made it difficult for 
the public to access this information and related research and data. By 
creating this council, we can provide a useful forum for health and 
housing experts, whether in the Government, private, or nonprofit 
sector, to share their experiences, successes, and lessons for the 
future.
  The Healthy Housing Council Act will help us embark on a path to 
assure that affordable and decent homes are also healthy. I hope my 
colleagues will join me and Senator Johanns, Boxer, Merkley, and 
Franken in supporting this bipartisan bill and other healthy housing 
efforts.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1658

       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. 1,200,000 
     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.

[[Page S9267]]

       (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) 6 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

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     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.
                                 ______
                                 
      By Mr. CASEY (for himself, Mrs. Gillibrand, Mr. Kohl, and Mrs. 
        Shaheen):
  S. 1659. A bill to enhance penalties for violations of securities 
protections that involve targeting seniors; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. CASEY. Mr. President, I rise today to join with Senators Kohl, 
Gillibrand and Shaheen to introduce the Senior Investor Protections 
Enhancement Act of 2009.
  This important legislation would increase the fines imposed on those 
who commit securities violations against seniors and thereby provide 
additional security to a group who relies on their savings for 
survival.
  Seniors increasingly rely on private investments for their 
retirement. Over the last 30 years, traditional employer sponsored 
pension plans, known as defined benefit plans, have been on the 
decline. In 1975, 88 percent of private-sector workers were covered by 
defined benefit plans; by 2005, that number had shrunk to 33 percent of 
the private-sector workforce.
  Today, seniors control nearly $15 billion in assets. These 
individuals face complicated decisions about how to best stretch their 
hard earned savings throughout their retirement.
  Unfortunately, these assets are at risk from traditional fraud and 
Ponzi schemes. Seniors are often offered complicated investment tools 
such as reverse mortgages and various annuity products. While these 
products can be very valuable to Americans generally and seniors 
specifically, they can also be abused by unscrupulous actors.
  In fact, research shows that senior citizens face serious risks from 
fraudulent salesmen. A MetLife study found that seniors incur an 
estimated $2.6 billion in losses due to financial abuse each year. In 
total, seniors account for more than half of all investor complaints 
received by state securities regulators.
  During the last Congress, under the leadership of Senator Kohl, the 
Aging Committee held a hearing to examine some of the questionable 
practices that so-called senior financial investment specialists use to 
gain access to the retirement savings of older Americans. A report by 
the Committee revealed that many seniors have lost their life savings 
because they followed investment advice ill-suited to their retirement 
needs and life expectancy.
  The Senior Investor Protections Enhancement Act will address these 
issues by increasing the penalties for existing securities violations 
by an additional $50,000 for financial crimes committed by those 62 and 
higher, the age at which many orient their investments to be in 
conjunction with social security eligibility. Violations could include 
selling them products that are unsuitable for their age, failing to 
disclose fees, charging large penalty fees, or switching the investment 
product actually sold from the one that was marketed.
  We need to enhance the protections afforded to seniors. Please join 
us in support of the Senior Investor Protections Enhancement Act of 
2009.

                          ____________________