[Congressional Record Volume 157, Number 142 (Thursday, September 22, 2011)]
[Senate]
[Pages S5904-S5919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. CANTWELL (for herself and Mr. Lugar):
  S. 1603. A bill to enable transportation fuel competition, consumer 
choice, and greater use of domestic energy sources in order to reduce 
our Nation's dependence on foreign oil; to the Committee on Commerce, 
Science, and Transportation.

[[Page S5905]]

  Ms. CANTWELL. Mr. President, I rise today to introduce legislation 
aimed at breaking oil's monopoly over our Nation's transportation 
system. I would like to thank Senator Lugar for helping develop and 
agreeing to cosponsor this important bill.
  The Open Fuels Standard Act of 2011 would introduce competition among 
fuels in the U.S. transportation market by ensuring that most new 
vehicles in the United States will be capable of running on a range of 
domestically produced alternative fuels.
  By introducing competition among fuels, the Open Fuels Standard, OFS, 
Act aims to bring bout significant reductions in the high prices paid 
by U.S. consumers at the gas pump and in our Nation's dangerous 
overdependence on foreign oil. According to the Department of Energy, 
this lack of competition imposes a ``monopoly premium'' of more than 
$200 billion on the economy each year--a direct transfer of U.S. wealth 
to the treasuries of OPEC countries and other foreign oil producers. 
Keeping this money within U.S. borders would sharply cut the U.S. trade 
deficit, safeguard U.S. household income, and provide capital and 
market incentive for investment in new U.S. energy infrastructure.
  The Open Fuels Standard Act requires that starting in 2015, 50 
percent of new vehicles manufactured or sold in the United States be 
flex fuel capable--that is, able to run on non-petroleum fuels. These 
fuels would include domestically-produced ethanol or methanol or other 
alcohols in addition to--or instead of--petroleum-based fuels. In 2018, 
80 percent of new vehicles would need to be flex-fuel capable. Adoption 
of an Open Fuels Standard would spur the development and use of alcohol 
fuels such as ethanol and methanol that can be made from a wide variety 
of domestic energy resources including agricultural waste, energy 
crops, natural gas, and even trash. By increasing the share of these 
abundant domestic fuels in the U.S. market, the Open Fuels Standard Act 
has the potential to eliminate major drag on the American economy, 
creating new jobs, strengthening our national security, and addressing 
challenging environmental concerns such as air quality and climate 
change.
  Today's introduction of the Open Fuels Standard Act coincides with 
yesterday's launch of the United States Energy Security Council. The 
new Council's purpose is to focus on reducing U.S. energy vulnerability 
and enhancing national security by finding alternatives to foreign oil. 
This new group's members include former Secretary of State George 
Shultz, former Secretaries of Defense William Perry and Harold Brown, 
as well as three former national security advisers, a former C.I.A. 
director, two former senators, a Nobel laureate, a former Federal 
Reserve chairman, and several Fortune-50 chief executives.
  The U.S. Energy Security Council is calling for Congress to enact a 
requirement such as the Open Fuels Standard to end oil's monopoly as 
the lynchpin of U.S. energy security, according to a New York Times op-
ed on September 21 by council members former National Security Advisor 
Robert C. McFarlane and former Director of Central Intelligence R. 
James Woolsey.
  The Open Fuels Standard Act will also complement and advance other 
key legislation that Congress has passed in recent years with the goals 
of transforming the U.S. energy system to make it more secure, more 
affordable, and more environmentally sustainable. For example, the 2007 
Energy Independence and Security Act included the Renewable Fuels 
Standard, requiring the production of 36 billion gallons of biofuels by 
2022, and raising CAFE standards, corporate average fuel economy, for 
the first time in 20 years for SUVs and trucks. The Open Fuels Standard 
Act, in conjunction with policies such as these that we fought hard for 
in previous Congresses, will play a major role in achieving our long-
term national energy goals.
  Oil has had a monopoly over transportation fuel for too long and 
American drivers have had no choice but to pay volatile and elevated 
prices at the pump. I am encouraged by the broad bipartisan and 
stakeholder support for the Open Fuels Standard Act, and again would 
like to thank Senator Lugar, which I believe is a recognition that this 
approach will really help diversify our Nation's energy supply and spur 
investment and job creation.
                                 ______
                                 
      By Mr. PORTMAN (for himself, Mr. Pryor, and Ms. Collins):
  S. 1606. A bill to reform the process by which Federal agencies 
analyze and formulate new regulations and guidance documents; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. PRYOR. Mr. President, I have heard from many Arkansans and 
businesses, particularly small businesses, which are struggling to meet 
an increasing regulatory burden. Each year, Federal agencies issue more 
than 3,000 final rules, many of which have significant economic impact. 
In Executive Order 13563, President Obama emphasized that our 
regulatory system should promote ``economic growth, innovation, 
competitiveness, and job creation.'' I agree. We need a 21st-century 
regulatory system that promotes future prosperity. However, there are 
some rules where that goal appears to have been ignored and as a result 
our economy suffers.
  Experience suggests that improvements in the regulatory process are 
necessary to ensure that all agencies pay close attention to the impact 
their regulatory actions have on jobs and on the economy.
  For example, the EPA is currently considering more stringent 
regulations of dust as part of the national ambient air quality. From 
county roads to farm fields, dust is an unavoidable reality in rural 
areas. Imposing strict dust regulations on these communities would hurt 
family farmers and rural economies across Arkansas and our Nation.
  Another example comes from a county judge in Arkansas. He was rightly 
concerned about a regulation stemming from the Bush administration that 
would have cost municipalities and counties and States across the 
country tens of millions of dollars to replace their street signs. The 
burden of paying for hundreds of thousands of new signs at costs 
ranging anywhere from $30 to $110 would have fallen to State and local 
governments, and that means State and local taxpayers. Fortunately, as 
part of the administration's review of regulations, Transportation 
Secretary Ray LaHood has decided that a specific deadline for replacing 
street signs makes no sense and that local and State transportation 
agencies are best equipped to determine when they need to replace these 
signs in the course of their daily work.
  In his Executive order, President Obama remarked that the regulatory 
system ``must identify and use the best, most innovative, and least 
burdensome tools for achieving regulatory ends.'' Last month, Cass 
Sunstein, the Administrator of the Office of Information and Regulatory 
Affairs, wrote in the Wall Street Journal that Cabinet Secretaries were 
instructed to minimize regulatory costs, avoid imposing excessive 
regulatory burdens, and prioritize regulatory actions that promote 
economic growth and job creation. I applaud the administration's new 
directive.
  One difference in what the administration is doing versus what we are 
doing in the Portman-Pryor legislation is that the President is looking 
retrospectively. He is doing a review of regulations that are on the 
books now, which is good. I welcome that. But the Portman-Pryor 
legislation will be prospective; it will go forward. We will talk about 
that more as we go.
  I think it is time that Congress reviewed several of the laws that 
form the basis of our Federal regulatory system. We need to find ways 
to make these laws more fair, reasonable, and effective in meeting the 
dual challenges of protecting the public while making our economy 
stronger and more competitive. That is why I have teamed up with 
Senator Portman on this important legislation.
  Done right, I believe regulatory reform can lead to better, cheaper, 
and faster rulemaking. Specifically, agencies should, one, propose or 
adopt regulations only when the benefits justify the costs; two, write 
regulations so that they impose the least burden on society; and three, 
in choosing among alternative regulatory approaches, select those that 
strike the right balance between minimizing costs and maximizing 
benefits.
  Portman-Pryor amends the Administrative Procedures Act to place 
greater

[[Page S5906]]

emphasis on early engagement between agencies and parties subject to 
high-impact rules costing $1 billion or more per year and major rules 
costing $100 million or more. These expensive rules are where our focus 
should be. In fact, as a historical footnote, the Administrative 
Procedures Act was written in 1946 and has not really been revised and 
updated since that time. So now that it is 65 years old, I think it is 
time to look at it and update it.
  Portman-Pryor makes better use of two existing regulatory tools. It 
requires an advanced notice of proposed rulemaking for high-impact and 
major rules to enable agencies to solicit written data, views, or 
arguments from interested parties. Second, although the Administrative 
Procedures Act already allows for formal hearings, agencies rarely use 
this option. Portman-Pryor requires an agency to conduct a formal 
rulemaking hearing for high-impact rules and, in some cases, major 
rules so that data and information can be debated on the record--here 
again, on the record. We are trying to make this process more 
transparent.
  Portman-Pryor strikes a balance between minimizing costs and 
maximizing benefits. The bill makes clear that the agencies are 
encouraged to choose the least costly alternative that would achieve 
the objectives of the statute authorizing the rule. However, the bill 
also makes clear that the agency may choose--may choose--a more costly 
rule so long as it does two things: one, explains why it has done so 
based on policy concerns addressed by the statute authorizing the rule 
and, two, shows that the added benefits are greater than the added 
costs, which is by definition a push toward ``maximizing benefits.''
  Today, the length of rulemaking varies widely from a few months to 
several years. After this reform, times will still vary in about that 
same amount, but the final rules should be more stable and more 
credible. A principal goal of Portman-Pryor is that the bill may 
shorten the rulemaking process because the final rule will be based on 
more sound, thorough information and that fewer high-impact and major 
rules will be vacated by courts and sent back to the agency.
  Finally, the bill reinforces that agencies must assess both the costs 
and benefits of their rules. However, the bill requires the 
Administrator of OIRA to establish guidelines so that costs-benefit 
analysis can be commensurate with the economic impact of the rule.
  Regulatory reform is not an exciting subject, I know, but it is 
vitally important to our Nation's economic recovery. I look forward to 
working with Senator Portman on this important legislation. I also look 
forward to working with other colleagues to try to get them interested 
and possibly cosponsoring and helping us get this bill through the 
process.
  My final point is that this is a piece of legislation which not only 
is bipartisan but is bicameral. We have two Members of the U.S. House 
of Representatives who have announced this legislation with us today: 
Lamar Smith, who is chairman of the Judiciary Committee, and Collin 
Peterson, who is the ranking member on the Agriculture Committee in the 
House. So it is rare when we get bipartisan, bicameral legislation 
coming in this Congress.
  I hope--I sincerely hope--I will have colleagues on both sides of the 
aisle who will look at this legislation. I hope we will get broad 
bipartisan support and we will be able to move it through the 
committees and get it to the floor in a timely fashion.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Leahy, and Mr. Inouye):
  S. 1609. A bill to require the Secretary of Health and Human Services 
to establish a demonstration program to award grants to, and enter into 
contracts with, medical-legal partnerships to assist patients and their 
families to navigate health-related programs and activities; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, today I join Senators Leahy and Inouye to 
introduce the Medical-Legal Partnership for Health Act. This 
legislation will reduce our Nation's health care costs and improve the 
health of vulnerable patients by building upon the great work that 
medical-legal partnerships are doing every day, all across the United 
States.
  Medical-legal partnerships bring legal aid services into medical 
settings, such as hospitals and community health centers, to help 
patients overcome problems that create and perpetuate poor health. In 
today's difficult economy, many Americans are struggling to meet the 
basic health needs of themselves and their children. This may mean 
struggling to pay the high costs of medical care or prescription drugs, 
or putting off an annual check-up until next year.
  But some health care needs are non-medical in nature, like making 
sure your home is properly heated in the winter; that it is not 
infested by insects or rodents; and that it is free of domestic 
violence. These needs may require more than just medical care; they may 
require legal assistance.
  Unfortunately, most health care providers are not equipped to deal 
with the non-medical issues that lead some patients to seek medical 
care repeatedly or on an ongoing basis. Despite the perception that 
legal issues frequently affect their patients, a survey of physicians 
at Boston Medical Center revealed that fewer than 20 percent of doctors 
knew how to refer patients to legal resources. As a result, many 
patients never address the root cause of their health problems, leading 
to costly visits to the emergency room and lengthy hospital stays.
  Medical-legal partnerships connect patients with the legal assistance 
they need to address these root causes. Rather than just applying a 
temporary fix to a health issue, they help patients get healthy and 
stay healthy.
  In the process, medical-legal partnerships generate substantial cost 
savings for families and the entire health care system. One study found 
a 50 percent reduction in emergency room visits following the 
intervention of medical-legal partnerships, saving families hundreds of 
dollars per visit. Another study showed that medical-legal partnerships 
reduced the cost per pediatric asthma patient from $735 to $181 through 
fewer emergency room visits, while also resulting in decreased 
frequency and duration of asthma attacks following an intervention. 
These cost savings not only help keep families out of potentially 
crippling debt, but they also help reduce emergency room overcrowding 
and decrease health care expenditures on preventable health conditions.
  Unfortunately, many patients are unlikely to seek legal services on 
their own. Eighty-five percent of patients who sought legal assistance 
from one medical-legal partnership in California had not used legal 
resources before and more than 78 percent were not previously aware of 
legal services at all. By embedding legal services in health care 
settings, medical-legal partnerships raise awareness of legal services 
so that patients are more likely to address problems before they turn 
into crises.
  In an article about medical-legal partnerships last year, the Los 
Angeles Times told the story of Maria Perez. Maria had a fever of 103, 
her body ached and she had trouble breathing. After being told in the 
emergency room that she had pneumonia, she went to a clinic in South 
Los Angeles for a follow-up appointment. The doctor asked Perez about 
her housing situation. Her apartment had cockroaches and mice, and rain 
fell through a broken window and filled the walls with mold. The doctor 
wrote prescriptions to treat the pneumonia and an asthma flare-up and 
then sent her down the hall to talk to a lawyer.
  After the attorney contacted both the landlord and the Los Angeles 
Housing Department, Maria's living conditions improved, and so did her 
health. She told the Times: ``The medicine wasn't what cured me. It was 
[my lawyer] and what he did.''
  Medical-legal partnerships also offer a critical lifeline to victims 
of domestic violence. In my home state of Iowa, a young woman named 
Brenda sought help to escape an abusive marriage. Her husband was a 
gang member and threatened to kill her or have members of his gang kill 
her. One night, while attempting to flee an attack, Brenda's husband 
pulled her back into the house and beat and choked her until she lost 
consciousness. When Brenda sought medical care the next day, her care 
providers referred her to Iowa Legal Aid's Health and Law Project for 
help.

[[Page S5907]]

Iowa Legal Aid helped Brenda obtain a protective order, which included 
custody of the couple's daughter. Iowa Legal Aid is currently helping 
Brenda with a divorce so that she and her daughter will have protection 
and long-term autonomy from her abuser; thereby reducing the need for 
ongoing health care.
  The success of these programs is catching on. The first medical-legal 
partnership was created nearly two decades ago at Boston Medical 
Center. By 2009, there were 60 such partnerships across the country. 
Today there are 90 medical-legal partnerships working with more than 
240 health services providers.
  Medical-legal partnerships have attracted the attention of corporate 
America, too. In July, Walmart became the first corporation to take a 
lead role in a medical-legal partnership, and I commend them for 
recognizing the valuable role these programs can play in our 
communities.
  After graduating from law school, I served as a Legal Services 
attorney in Iowa. I learned first-hand how crucial this assistance is 
to struggling families and individuals who have no place else to turn 
when they are taken advantage of or abused. I know the invaluable legal 
help provided to battered women trying to leave abusive relationships 
while fearing for their safety and the safety of their children. I know 
that, without access to the legal system, the poor are often powerless 
against the injustices they suffer.
  I am particularly proud of the success of a medical-legal partnership 
in my home state of Iowa. The Iowa Legal Aid Health and Law Project 
harnesses the talents of Iowa physicians and attorneys to improve the 
lives of vulnerable Iowans. By partnering with 17 hospitals and health 
centers across my state, the Iowa Legal Aid Health and Law Project is 
able to extend services from Sioux City to Dubuque, and from Council 
Bluffs to Fort Dodge. In 2009, the program served 880 Iowans, and 94 
percent of their cases had a positive outcome. The Iowa Legal Aid 
Health and Law Project does a remarkable job. They are just one example 
of the great work going on across the country.
  You may be surprised to learn that when it comes to medical-legal 
partnerships, a little money can go a long way. Iowa's program was 
started with a federal investment of less than $300,000. The program 
prevents hospital admissions and emergency room visits that cost 
hospitals and patients many thousands of dollars in health care costs 
and insurance premiums. A modest investment in these community programs 
can help people achieve healthier, safer lives and prevent future 
hospitalizations and health care costs. That sounds like common sense 
to me. And that's why, today, I am proud to introduce the Medical-Legal 
Partnership for Health Act: to give health care providers and lawyers 
across the country the opportunity to start such programs.
  The Act creates a federal demonstration program to help create, 
strengthen, and evaluate medical-legal partnerships. Overall, this 
legislation will support 60 partnership sites in community health 
centers, the Veterans Administration, hospitals, and other health care 
settings.
  I was proud to have the support of former Senator Kit Bond of 
Missouri when I introduced this legislation during the previous 
Congress. I know there are many Americans who think that the two 
political parties in Washington can't agree on anything these days, but 
this is an issue that has attracted bipartisan support in the past and 
it is my strong hope that it will do so again. In the spirit of 
compromise and bipartisanship, I have taken contentious issues off the 
table: the bill excludes federal money from being used toward class 
action law suits, medical malpractice cases, representation of 
undocumented individuals, and abortion or abortion-counseling services.
  Medical-legal partnerships also have broad support from prominent 
organizations representing physicians and attorneys. They've received 
the endorsement of the American Medical Association, the American Bar 
Association, the American Academy of Pediatrics, the American Hospital 
Association, and the Accreditation Council of Graduate Medical 
Education, to name just a few.
  Through this community-based, common-sense investment, we will be 
able to help some of our most vulnerable citizens avoid illness and 
hospitalization, while reducing costs across the entire health care 
system.
  I urge my colleagues to join me in supporting this investment in 
medical-legal partnerships.
  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. 1609

       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 ``Medical-Legal Partnership 
     for Health Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Numerous studies and reports, including the annual 
     National Healthcare Disparities Report and Unequal Treatment, 
     the 2002 Institute of Medicine Report, document the 
     extensiveness to which vulnerable populations suffer from 
     health disparities across the country.
       (2) These studies have found that, on average, racial and 
     ethnic minorities and low-income populations are 
     disproportionately afflicted with chronic and acute 
     conditions such as asthma, cancer, diabetes, and hypertension 
     and suffer worse health outcomes, worse health status, and 
     higher mortality rates.
       (3) Several recent studies also show that health and 
     healthcare quality are a function of not only access to 
     healthcare, but also the social determinants of health, 
     including the environment, the physical structure of 
     communities, socio-economic status, nutrition, educational 
     attainment, employment, race, ethnicity, geography, and 
     language preference, that directly and indirectly affect the 
     health, healthcare, and wellness of individuals and 
     communities.
       (4) Formally integrating medical and legal professionals in 
     the health setting can more effectively address the health 
     needs of vulnerable populations and ultimately reduce health 
     disparities.
       (5) All over the United States, healthcare providers who 
     take care of low-income individuals and families are 
     partnering with legal professionals to assist them in 
     providing better quality of healthcare.
       (6) Medical-legal partnerships integrate lawyers in a 
     health setting to help patients navigate the complex 
     government, legal, and service systems in addressing social 
     determinants of health, such as income supports for food 
     insecure families and mold removal from the home of 
     asthmatics.
       (b) Purposes.--The purposes of this Act are to--
       (1) support and advance opportunity for medical-legal 
     partnerships to be more fully integrated in healthcare 
     settings nationwide;
       (2) to improve the quality of care for vulnerable 
     populations by reducing health disparities among health 
     disparities populations and addressing the social 
     determinants of health; and
       (3) identify and develop cost-effective strategies that 
     will improve patient outcomes and realize savings for 
     healthcare systems.

     SEC. 3. MEDICAL-LEGAL PARTNERSHIPS.

       (a) In General.--The Secretary of Health and Human Services 
     shall establish a nationwide demonstration project consisting 
     of--
       (1) awarding grants to, and entering into contracts with, 
     medical-legal partnerships to assist patients and their 
     families to navigate programs and activities; and
       (2) evaluating the effectiveness of such partnerships.
       (b) Technical Assistance.--The Secretary may, directly or 
     through grants or contracts, provide technical assistance to 
     grantees under subsection (a)(1) to support the establishment 
     and sustainability of medical-legal partnerships. Not to 
     exceed 5 percent of the amount appropriated to carry out this 
     section in a fiscal year may be used for purposes of this 
     subsection.
       (c) Funding.--
       (1) Use of funds.--Amounts received as a grant or pursuant 
     to a contract under this section shall be used to assist 
     patients and their families to navigate health-related 
     programs and activities for purposes of achieving one or more 
     of the following goals:
       (A) Enhancing access to healthcare services.
       (B) Improving health outcomes for low-income individuals, 
     as defined in subsection (g).
       (C) Reducing health disparities among health disparities 
     populations.
       (D) Enhancing wellness and prevention of chronic conditions 
     and other health problems.
       (E) Reducing cost of care to the healthcare system.
       (F) Addressing the social determinants of health.
       (G) Addressing situational contributing factors.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary, but not to exceed $10,000,000, for each of the 
     fiscal years 2012 through 2016.
       (3) Matching requirement.--For each fiscal year, the 
     Secretary may not award a

[[Page S5908]]

     grant or contract under this section to a entity unless the 
     entity agrees to make available non-Federal contributions 
     (which may include in-kind contributions) toward the costs of 
     a grant or contract awarded under this section in an amount 
     that is not less than $1 for each $10 of Federal funds 
     provided under the grant or contract.
       (4) Allocation.--Of the amounts appropriated pursuant to 
     paragraph (2) for a fiscal year, the Secretary may obligate 
     not more than 5 percent for the administrative expenses of 
     the Secretary in carrying out this section.
       (d) Eligible Entities.--To be eligible to receive a grant 
     or contract under this section, an entity shall--
       (1) be an organization experienced in bridging the medical 
     and legal professions on behalf of vulnerable populations 
     nationally; and
       (2) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require, including information demonstrating that the 
     applicant has experience in bridging the medical and legal 
     professions or a strategy or plan for cultivating and 
     building medical-legal partnerships.
       (e) Prohibitions.--No funds under this section may be 
     used--
       (1) for any medical malpractice action or proceeding;
       (2) to provide any support to an alien who is not--
       (A) a qualified alien (as defined in section 431 of the 
     Immigration and Nationality Act);
       (B) a nonimmigrant under the Immigration and Nationality 
     Act; or
       (C) an alien who is paroled into the United States under 
     section 212(d)(5) of such Act for less than one year;
       (3) to provide legal assistance with respect to any 
     proceeding or litigation which seeks to procure an abortion 
     or to compel any individual or institution to perform an 
     abortion, or assist in the performance of an abortion; or
       (4) to initiate or participate in a class action lawsuit.
       (f) Reports.--
       (1) Final report by secretary.--Not later than 6 months 
     after the date of the completion of the demonstration program 
     under this section, the Secretary shall conduct a study of 
     the results of the program and submit to the Congress a 
     report on such results that includes the following:
       (A) An evaluation of the program outcomes, including--
       (i) a description of the extent to which medical-legal 
     partnerships funded through this section achieved the goals 
     described in subsection (b);
       (ii) quantitative and qualitative analysis of baseline and 
     benchmark measures; and
       (iii) aggregate information about the individuals served 
     and program activities.
       (B) Recommendations on whether the programs funded under 
     this section could be used to improve patient outcomes in 
     other public health areas.
       (2) Interim reports by secretary.--The Secretary may 
     provide interim reports to the Congress on the demonstration 
     program under this section at such intervals as the Secretary 
     determines to be appropriate.
       (3) Reports by grantees.--The Secretary may require each 
     recipient of a grant under this section to submit interim and 
     final reports on the programs carried out by such recipient 
     with such grant.
       (g) Definitions.--In this section:
       (1) The term ``health disparities populations'' has the 
     meaning given such term in section 485E(d) of the Public 
     Health Service Act.
       (2) The term ``low-income individuals'' refers to the 
     population of individuals and families who earn up to 200 
     percent of the Federal poverty level.
       (3) The term ``medical-legal partnership'' means an 
     entity--
       (A) that is a partnership between--
       (i) a community health center, public hospital, children's 
     hospital, or other provider of healthcare services to a 
     significant number of low-income beneficiaries; and
       (ii) one or more legal professionals; and
       (B) whose primary mission is to assist patients and their 
     families navigate health-related programs, activities, and 
     services through the provision of relevant civil legal 
     assistance on-site in the healthcare setting involved, in 
     conjunction with regular training for healthcare staff and 
     providers regarding the connections between legal 
     interventions, social determinants, and health of low-income 
     individuals.
       (4) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Grassley, Mr. Schumer, Mr. 
        Blumenthal, Mr. Casey, Mr. Udall of New Mexico, and Mr. Wyden):
  S. 1612. A bill to provide the Department of Justice with additional 
tools to target extraterritorial drug trafficking activity; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Targeting 
Transnational Drug Trafficking Act of 2011 with my colleagues and 
friends, Senator Charles Grassley, Senator Charles Schumer, Senator 
Richard Blumenthal, Senator Tom Udall, Senator Robert Casey and Senator 
Ron Wyden.
  This bill will support the Obama Administration's recently released 
Strategy to Combat Transnational Organized Crime by providing the 
Department of Justice with crucial tools to help combat the 
international drug trade. As drug traffickers find new and innovative 
ways to avoid prosecution, we must keep up with them rather than 
allowing our laws to lag behind.
  This legislation has three main components. First, it puts in place 
penalties for extraterritorial drug trafficking activity when 
individuals have reasonable cause to believe that illegal drugs will be 
trafficked into the United States. Current law says that drug 
traffickers must know that illegal drugs will be trafficked into the 
United States and this legislation would lower the knowledge threshold 
to reasonable cause to believe.
  The Department of Justice has informed my office that with increasing 
frequency, it sees drug traffickers from Colombia, Ecuador and Peru who 
produce cocaine in their countries but leave transit of cocaine to the 
United States in the hands of Mexican drug trafficking organizations 
such as the Zetas. Under current law, our ability to prosecute source-
nation traffickers from Colombia, Ecuador and Peru is limited since 
there is often no direct evidence of their knowledge that illegal drugs 
were intended for the United States.
  Second, this bill ensures that current penalties apply to precursor 
chemical producers from other countries. This includes those producing 
pseudoephedrine used for methamphetamine who illegally ship precursor 
chemicals into the United States knowing that these chemicals will be 
used to make illegal drugs.
  Third, this bill will expand conspiracy liability when controlled 
substances are destined to the United States from a foreign country. 
This means that members of any conspiracy to distribute controlled 
substances will be subject to U.S. jurisdiction when at least one 
member of the conspiracy intends or knows that illegal drugs will be 
unlawfully imported into the United States.
  As Chairman of the Senate Caucus on International Narcotics Control 
and as a public servant who has focused on law enforcement issues for 
many years, I know that we cannot sit idly by as drug traffickers find 
new ways to circumvent our laws. We must provide the Department of 
Justice with all of the tools it needs to prosecute drug kingpins both 
here at home and abroad.
  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. 1612

       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 ``Targeting Transnational Drug 
     Trafficking Act of 2011''.

     SEC. 2. POSSESSION, MANUFACTURE OR DISTRIBUTION FOR PURPOSES 
                   OF UNLAWFUL IMPORTATIONS.

       (a) Possession, Manufacture or Distribution for Purposes of 
     Unlawful Importations.--Section 1009 of the Controlled 
     Substances Import and Export Act (21 U.S.C. 959) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) in subsection (a), by striking ``It shall'' and all 
     that follows and inserting the following: ``It shall be 
     unlawful for any person to manufacture or distribute a 
     controlled substance in schedule I or II or flunitrazepam 
     intending, knowing, or having reasonable cause to believe 
     that such substance will be unlawfully imported into the 
     United States or into waters within a distance of 12 miles of 
     the coast of the United States.
       ``(b) It shall be unlawful for any person to manufacture or 
     distribute a listed chemical--
       ``(1) intending or knowing that the listed chemical will be 
     used to manufacture a controlled substance; and
       ``(2) intending, knowing, or having reasonable cause to 
     believe that the controlled substance will be unlawfully 
     imported into the United States.''.
       (b) Attempt and Conspiracy.--Section 1013 of the Controlled 
     Substances Import and Export Act (21 U.S.C. 963) is amended 
     by adding at the end the following: ``For a conspiracy to 
     commit such an offense that requires the person to intend, 
     know, or have reasonable cause to believe that a controlled 
     substance will be unlawfully imported into

[[Page S5909]]

     the United States, it is sufficient to prove a conspiracy to 
     commit the offense that only 1 member of the conspiracy 
     intended, knew, or had reasonable cause to believe that the 
     controlled substance would be unlawfully imported into the 
     United States.''.
                                 ______
                                 
      By Mr. REED (for himself and Mrs. Hutchison):
  S. 1613. A bill to improve and enhance research and programs on 
childhood cancer survivorship, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, I am pleased to be joined today by Senator 
Hutchison in the introduction of the Pediatric, Adolescent, and Young 
Adult Cancer Survivorship Research and Quality of Life Act of 2011.
  The population of survivors of childhood cancer has grown 
exponentially over the years. In 1960, only 4 percent of children with 
cancer survived more than 5 years. Today, nearly 80 percent of children 
with cancer survive more than five years. While this is heartening 
news, as a result of their cancer and treatment, many of these children 
unfortunately have health complications, often life-threatening, for 
years to come. Indeed, after beating cancer, as many as \2/3\ of these 
children suffer from late effects of their disease or treatment, 
including second cancers and heart and lung damage. There are also 
serious psychosocial impacts that these survivors face.
  With so many facing the risk of these late effects, it is critical 
that resources are made available to help these survivors, especially 
those in underserved communities. Our legislation would enhance 
research on the late effects of childhood cancers and improve 
collaboration among providers so that doctors are better able to care 
for this population as they age. It would also establish a new pilot 
program to begin to explore models of care for childhood cancer 
survivors. Creating standard protocols and procedures will help 
providers, patients, and families know what to expect after beating 
cancer, including when to get certain check-ups and tests that guard 
against late effects.
  This bill is part of a continuing effort to focus greater attention 
on childhood cancers. In 2008, I worked on a bipartisan basis to enact, 
the Caroline Pryce Walker Conquer Childhood Cancer Act. This law has 
increased support for research on childhood cancers and improved 
treatment for patients. But we must not stop there.
  The legislation Senator Hutchison and I are introducing today to 
address the late effects of childhood cancer, will do more to help 
childhood cancer patients. I look forward to working with my colleagues 
to pass this legislation and help ensure that children who survive 
cancer live a long and healthy life.
  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. 1613

       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 ``Pediatric, Adolescent, and 
     Young Adult Cancer Survivorship Research and Quality of Life 
     Act of 2011''.

     SEC. 2. FINDINGS.

       Congress finds as follows:
       (1) An estimated 12,400 children and adolescents under age 
     20 are diagnosed with cancer each year.
       (2) In 1960, only 4 percent of children with cancer 
     survived more than 5 years, but by 2011, cure rates have 
     increased to 78 percent for children and adolescents under 
     age 20.
       (3) The population of survivors of childhood cancers has 
     grown dramatically, to more than 300,000 individuals of all 
     ages as of 2007.
       (4) As many as \2/3\ of childhood cancer survivors are 
     likely to experience at least one late effect of treatment, 
     with as many as \1/4\ experiencing a late effect that is 
     serious or life-threatening. The most common late effects of 
     childhood cancer are neurocognitive, psychological, 
     cardiopulmonary, endocrine, and musculoskeletal effects and 
     secondary malignancies.
       (5) The late effects of cancer treatment may change as 
     treatments evolve, which means that the monitoring and 
     treatment of cancer survivors may need to be modified on a 
     routine basis.
       (6) The Institute of Medicine, in its reports on cancer 
     survivorship entitled ``Childhood Cancer Survivorship: 
     Improving Care and Quality of Life'', states that an 
     organized system of care and a method of care for pediatric 
     cancer survivors is needed.

     SEC. 3. CANCER SURVIVORSHIP PROGRAMS.

       (a) Cancer Survivorship Programs.--Subpart 1 of part C of 
     title IV of the Public Health Service Act (42 U.S.C. 285 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 417G. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE 
                   FOR PEDIATRIC CANCER SURVIVORS.

       ``(a) In General.--The Secretary may make grants to 
     eligible entities to establish pilot programs to develop, 
     study, or evaluate model systems for monitoring and caring 
     for childhood cancer survivors.
       ``(b) Eligible Entities.--In this section, the term 
     `eligible entity' means--
       ``(1) a medical school;
       ``(2) a children's hospital;
       ``(3) a cancer center; or
       ``(4) any other entity with significant experience and 
     expertise in treating survivors of childhood cancers.
       ``(c) Use of Funds.--The Secretary may make a grant under 
     this section to an eligible entity only if the entity 
     agrees--
       ``(1) to use the grant to establish a pilot program to 
     develop, study, or evaluate one or more model systems for 
     monitoring and caring for cancer survivors; and
       ``(2) in developing, studying, and evaluating such systems, 
     to give special emphasis to--
       ``(A) the design of protocols for different models of 
     follow-up care, monitoring, and other survivorship programs 
     (including peer support and mentoring programs);
       ``(B) the development of various models for providing 
     multidisciplinary care;
       ``(C) the dissemination of information and the provision of 
     training to health care providers about how to provide 
     linguistically and culturally competent follow-up care and 
     monitoring to cancer survivors and their families;
       ``(D) the development of support programs to improve the 
     quality of life of cancer survivors;
       ``(E) the design of systems for the effective transfer of 
     treatment information and care summaries from cancer care 
     providers to other health care providers (including risk 
     factors and a plan for recommended follow-up care);
       ``(F) the dissemination of the information and programs 
     described in subparagraphs (A) through (E) to other health 
     care providers (including primary care physicians and 
     internists) to cancer survivors and their families, where 
     appropriate; and
       ``(G) the development of initiatives that promote the 
     coordination and effective transition of care between cancer 
     care providers, primary care physicians, and mental health 
     professionals.
       ``(d) Funding.--For each of fiscal years 2013 through 2017, 
     the Secretary may transfer out of funds otherwise 
     appropriated to the Department of Health and Human Services 
     for a fiscal year the amount necessary to carry out this 
     section.

     ``SEC. 417G-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL 
                   AND PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER 
                   SURVIVORS.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Pediatric, Adolescent, and Young Adult 
     Cancer Survivorship Research and Quality of Life Act of 2011, 
     the Secretary may convene a Workforce Development 
     Collaborative on Medical and Psychosocial Care for Pediatric 
     Cancer Survivors (referred to in this paragraph as the 
     `Collaborative'). The Collaborative shall be a cross-
     specialty, multidisciplinary group composed of educators, 
     consumer and family advocates, and providers of psychosocial 
     and biomedical health services.
       ``(b) Goals and Reports.--The Collaborative shall submit to 
     the Secretary a report establishing a plan to meet the 
     following objectives for medical and psychosocial care 
     workforce development:
       ``(1) Identifying, refining, and broadly disseminating to 
     healthcare educators information about workforce 
     competencies, models, and preservices curricula relevant to 
     providing medical and psychosocial services to individuals 
     with pediatric cancers.
       ``(2) Adapting curricula for continuing education of the 
     existing workforce using efficient workplace-based learning 
     approaches.
       ``(3) Developing the skills of faculty and other trainers 
     in teaching psychosocial health care using evidence-based 
     teaching strategies.
       ``(4) Strengthening the emphasis on psychosocial healthcare 
     in educational accreditation standards and professional 
     licensing and certification exams by recommending revisions 
     to the relevant oversight organizations.
       ``(5) Evaluating the effectiveness of patient navigators in 
     pediatric cancer survivorship care.
       ``(6) Evaluating the effectiveness of peer support programs 
     in the psychosocial care of pediatric cancer patients and 
     survivors.
       ``(c) Funding.--For each of fiscal years 2013 through 2017, 
     the Secretary may transfer out of funds otherwise 
     appropriated to the Department of Health and Human Services 
     for a fiscal year the amount necessary to carry out this 
     section.''.
       (b) Technical Amendment.--
       (1) In general.--Section 3 of the Hematological Cancer 
     Research Investment and Education Act of 2002 (Public Law 
     107-172; 116 Stat. 541) is amended by striking ``section 
     419C'' and inserting ``section 417C''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in section 3 of the 
     Hematological Cancer Research Investment and Education Act of 
     2002 (Public Law 107-172; 116 Stat. 541).

[[Page S5910]]

     SEC. 4. GRANTS TO IMPROVE CARE FOR PEDIATRIC CANCER 
                   SURVIVORS.

       Section 417E of the Public Health Service Act (42 U.S.C. 
     285a-11) is amended--
       (1) in the heading, by striking ``RESEARCH AND AWARENESS'' 
     and inserting ``RESEARCH, AWARENESS, AND SURVIVORSHIP'';
       (2) in subsection (a)--
       (A) by redesignating paragraph (2) as paragraph (4); and
       (B) by inserting after paragraph (1) the following:
       ``(2) Research on causes of health disparities in pediatric 
     cancer survivorship.--
       ``(A) Grants.--The Director of NIH, acting through the 
     Director of the Institute, in coordination with ongoing 
     research activities, may make grants to entities to conduct 
     research relating to--
       ``(i) needs and outcomes of pediatric cancer survivors 
     within minority or other medically underserved populations;
       ``(ii) health disparities in pediatric cancer survivorship 
     outcomes within minority or other medically underserved 
     populations;
       ``(iii) barriers that pediatric cancer survivors within 
     minority or other medically underserved populations face in 
     receiving follow-up care; and
       ``(iv) familial, socioeconomic, and other environmental 
     factors and the impact of such factors on treatment outcomes 
     and survivorship.
       ``(B) Balanced approach.--In making grants for research 
     under subparagraph (A)(i) on pediatric cancer survivors 
     within minority or other medically underserved populations, 
     the Director of NIH shall ensure that such research addresses 
     both the physical and the psychological needs of such 
     survivors.
       ``(3) Research on late effects and follow-up care for 
     pediatric cancer survivors.--The Director of NIH, in 
     coordination with ongoing research activities, shall conduct 
     or support research on follow-up care for pediatric cancer 
     survivors, with special emphasis given to--
       ``(A) the development of indicators used for long-term 
     patient tracking and analysis of the late effects of cancer 
     treatment for pediatric cancer survivors;
       ``(B) the identification of risk factors associated with 
     the late effects of cancer treatment;
       ``(C) the identification of predictors of neurocognitive 
     and psychosocial outcomes;
       ``(D) initiatives to protect cancer survivors from the late 
     effects of cancer treatment;
       ``(E) transitions in care for pediatric cancer survivors;
       ``(F) training of professionals to provide linguistically 
     and culturally competent follow-up care to pediatric cancer 
     survivors; and
       ``(G) different models of follow-up care.''; and
       (3) in subsection (d), by striking ``2013'' and inserting 
     ``2017''.
                                 ______
                                 
      By Mr. MENENDEZ (for himself and Mr. Enzi):
  S. 1616. A bill to amend the Internal Revenue Code of 1986 to exempt 
certain stock of real estate investment trusts from the tax on foreign 
investments in United States real property interests, and for other 
purposes; to the Committee on Finance.
  Mr. MENENDEZ. Mr. President, I rise to introduce a critical bill for 
our economic recovery. As communities across the country continue to 
recover from the economic downturn and devastating falling property 
values, commercial real estate properties throughout the nation are 
confronting a severe equity crisis. Just as the crash in the 
residential real estate market triggered the most severe economic 
recession in generations, the looming crisis in the commercial real 
estate market, if left unchecked, could prove to be devastating for our 
fragile economic recovery.
  Studies have shown that more than $1 trillion of commercial real 
estate loans will be maturing in just the next few years. In fact, by 
2018 more than $2.4 trillion dollars of loans held by insurance 
companies, thrifts, banks, and in commercial mortgage-backed securities 
will mature. Just as we saw with home mortgages, if these borrowers 
can't secure other funding options when these payments come due, 
commercial properties across the country will go into foreclosure, 
leaving communities with even more vacant storefronts, less jobs, lower 
tax revenues, and a deeper economic hole to dig themselves out of.
  Simply put, the commercial real estate industry has an equity problem 
too large for domestic investment alone to solve.
  Unfortunately, certain tax rules--most of which were drafted 30 years 
ago, before the current crisis could be foreseen--impose significant 
penalties on foreign investments in domestic real estate that do not 
exist on other types of U.S. investments such as corporate stocks and 
bonds. As a result, overseas investors are discouraged from investing 
in U.S. real estate at a time when their capital is sorely needed.
  These rules, created by the Foreign Investment in Real Property Tax 
Act, or FIRPTA as it is come to be known, freeze out foreign investment 
in our real estate markets by imposing an arbitrary withholding tax on 
the gains realized by overseas capital invested in domestic properties.
  Not only is this different treatment questionable as a policy, it is 
damaging to the economy. At no point have these rules been more 
damaging to the economy than today. They continue to keep capital out 
of the U.S. at a time when commercial real estate in all of our 
communities desperately needs the equity investment.
  If these rules are not reformed, it is a real possibility that 
hundreds of billions of dollars in debt would go into default, 
triggering massive foreclosures, significant decreases in property 
values and a severe constriction of capital available for U.S. 
consumers and businesses--absolutely the last thing this economy needs 
right now.
  That is why today, Senator Enzi and I are introducing bipartisan, 
bicameral legislation that would implement efficient and meaningful 
reform of these tax rules to encourage more equity investment in U.S. 
real estate.
  These reforms would help save communities all across America from the 
drag of a wave of commercial real estate foreclosures, help to restart 
the credit markets, and free up capital to create jobs and economic 
opportunities for families in every region of the country.
  These provisions are modest but effective.
  We are not tackling the bigger question of whether or not the 
existing FIRPTA rules are effective in a 21st century economy. This 
legislation simply creates targeted opportunities for investment in 
American real estate while preserving the underlying foreign ownership 
limits imposed by these tax rules.
  We may not agree on a whole lot these days, but today we offer a 
bipartisan, bicameral solution to help the U.S. economy. I hope all of 
my colleagues can take the time to look at this bill, understand the 
positive effects it will have for every State, and we can get this done 
for the American people.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Johanns, Mrs. Boxer, Mr. Merkley, 
        and Mr. Franken):
  S. 1617. 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.
  Many factors impact health and wellness. Typically, doctors and other 
health professionals are able to counsel patients on the importance of 
exercise and healthy eating, for example, to prevent diseases and 
conditions. Too frequently, however, these providers overlook the 
possibility of housing-related health hazards that patients knowingly 
or unknowingly come into contact with, which can also cause a variety 
of preventable diseases and conditions like cancer, lead poisoning, and 
asthma.
  While there are many programs in place to address these hazards, 
these programs are fragmented and spread across many agencies. Our 
legislation, the Healthy Housing Council Act, would establish an 
independent interagency Council on Healthy Housing in the executive 
branch in order to improve the coordination of existing but fragmented 
programs, bringing these various efforts out of their respective silos 
and reducing duplication to improve the efficiency and efficacy of 
these efforts.
  Through periodic meetings, Federal, State, and local government 
representatives, along with industry and nonprofit representatives will 
meet to discuss ways to educate individuals and families on how to 
recognize housing-related health hazards and access the necessary 
services and preventive measures to combat these hazards. This 
collaboration is particularly critical as every member of the council

[[Page S5911]]

will bring a different perspective to the table on how to review, 
monitor, and evaluate existing housing, health, energy, and 
environmental programs and work together to collectively improve these 
programs for the future. Then, 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.
  It is our goal for this council to help reduce the more than 5.7 
million households living in conditions with moderate or severe health 
hazards, 23 million additional homes with lead-based paint hazards, 
14,000 unintentional injury and fire deaths every year that result from 
housing-related hazards, and 21,000 radon-associated lung cancer deaths 
every year. Indeed, the council will help us embark on a path to assure 
that affordable and decent homes are also healthy.
  This council could also be critical in helping to curb overall health 
care expenditures. For example, the annual cost of environmentally 
attributable childhood diseases, including cancer, lead poisoning, and 
cancer was $76 billion in 2008 dollars, 3.5 percent of total health 
costs. Low-income and minority individuals and families who are 
disproportionately affected by housing-related health hazards are the 
same individuals and families who are typically enrolled in Medicaid or 
forgo insurance altogether, which costs Federal and States governments. 
Helping to improve housing conditions can help prevent an estimated 
250,000 children under the age of 6 from having elevated blood levels 
each year, nearly 10,000 emergency department visits for carbon 
monoxide exposure, and 12.3 million asthma attacks. Keeping children 
out of the doctor's office and emergency rooms will save families and 
the government money.
  As Congress continues to explore methods to reduce spending and reign 
in our deficit and improve the health of individuals, children, and 
families, promoting low-cost measures to eliminate subpar housing can 
make a dramatic and meaningful difference, and I urge my colleagues to 
join me and Senators 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. 1617

       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 2011''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In the United States--
       (A) 5,757,000 households live in homes with moderate or 
     severe physical hazards;
       (B) 23,000,000 homes have significant lead-based paint 
     hazards;
       (C) 6,000,000 homes have had signs of mice in the last 3 
     months; and
       (D) 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. 
     The prevalence of being diagnosed with asthma in a lifetime 
     is 24 percent among Puerto Rican children, 10.1 percent for 
     Mexican-American children, 12.4 percent for non-Hispanic 
     White children, and 21.8 percent for non-Hispanic Black 
     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 $76,000,000,000 in 2008 
     dollars. This amount is approximately 3.5 percent of total 
     health care costs.
       (6) Appropriate housing design, construction, and 
     maintenance, timely correction of deficiencies, planning 
     efforts, and low-cost preventive 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. Lead 
     hazard control in homes with lead-based paint hazards can 
     reduce children's blood lead levels by as much as 34 percent. 
     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 250,000 
     children from having elevated blood lead levels, 18,000 
     injury deaths, 12,000,000 nonfatal injuries, 3,000 deaths in 
     house fires, 9,600 emergency department visits for carbon 
     monoxide exposure, and 21,000 radon-associated lung cancer 
     deaths that occur in United States housing each year, as well 
     as 12,300,000 asthma attacks, 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) 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.
       (3) Housing.--The term ``housing'' means any form of 
     residence, including rental housing, homeownership, group 
     home, or supportive housing arrangement.
       (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.

[[Page S5912]]

       (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 
     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) 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) 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 basic 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 the Executive Director considers 
     necessary to carry out the duties of the Council, except that 
     the rate of pay for any such additional personnel may not 
     exceed the rate of basic pay payable for level V of the 
     Executive Schedule under section 5316 of such title.
       (b) Temporary and Intermittent Services.--In carrying out 
     its objectives, the Executive Director with the approval of 
     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 
     payable for level V of the Executive Schedule under section 
     5316 of such title.
       (c) Detail of Government Employees.--Upon request of the 
     Council, any Federal Government employee may be detailed to 
     the Council with reimbursement, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.

[[Page S5913]]

       (d) Administrative Support.--The Secretary of Housing and 
     Urban Development shall provide the Council with such 
     administrative (including office space) and support services 
     as are necessary to ensure that the Council can carry out its 
     functions in an efficient and expeditious manner.

     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 2012 
     through 2016.
       (b) Availability.--Amounts authorized to be appropriated by 
     subsection (a) shall remain available for the 2 fiscal years 
     following such appropriation.
                                 ______
                                 
      By Mr. MENENDEZ (for himself, Mr. Reed, Mr. Bennet. Mr. Harkin, 
        Mr. Lautenberg, Mr. Franken, Mr. Merkley, Mr. Sanders, Mr. 
        Blumenthal, Mr. Wyden, Mr. Durbin, Mr. Cardin, Mr. Akaka, Mr. 
        Whitehouse, Mr. Coons, Mrs. Shaheen, Ms. Landrieu, and Mr. 
        Leahy):
  S. 1621. A bill to create livable communities through coordinated 
public investment and streamlined requirements, and for other purposes; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mr. MENENDEZ. Mr. President, I rise to announce the introduction of 
the Livable Communities Act of 2011.
  The Livable Communities Act presents an opportunity to save taxpayer 
dollars, reduce household expenditures, improve partnerships, and help 
local communities create places of lasting value, where businesses want 
to invest and families want to live.
  It will strengthen rural, suburban, and urban communities by 
supporting local planning efforts to establish a vision for a desired 
future and chart a realistic course for getting there. The bill 
promotes local leadership by encouraging communities to partner 
strategically to develop solutions that are innovative and reflect 
their unique character, assets, and needs. It also directs public 
agencies to use taxpayer dollars more efficiently by coordinating 
investments in infrastructure, facilities, and services to meet 
multiple economic, environmental, and community objectives.
  This bill is the next important step in transforming the Federal 
Government into a better partner in community efforts to achieve 
locally-defined goals, support families when they need it most, and 
keep the U.S. competitive in the global economy.
  Dealing with change can be a real challenge--in our professional and 
personal lives, with our families, and in our communities. But change 
is an opportunity to move forward, if only we are open to recognizing 
it. We can accept and manage change or we can be steam-rolled by it.
  I have heard horror stories from across the country about veterans 
hospitals being built in places that are not accessible by public 
transportation. I have heard of homebuyers who ``drive to qualify'' for 
mortgage financing only to rack up transportation costs that break 
their budgets when gas prices go up. Many of these families are paying 
50 percent of their household income on housing and transportation 
costs alone. It may seem cheaper and easier in the short term to build 
on a corn field outside of town than it is to re-use land located close 
to existing transportation, power, and water infrastructure, but it 
often does not make sense in the long run.
  This is why I welcomed the opportunity to work with Chairman Dodd on 
the Livable Communities Act in 2009 and why I am honored to be the 
leading sponsor of the updated legislation today. It is the most 
comprehensive piece of planning legislation that has been proposed in 
decades. If passed, it will have a transformative impact on the way the 
federal government supports locally-driven planning processes.
  Unfortunately, when many on the other side of the aisle hear the word 
``livable,'' they cringe. They think of top-down mandates from the 
Federal Government. What they fail to understand is that the beauty of 
what is ``livable'' is defined by the communities themselves to reflect 
the unique character, assets, and needs of that community.
  The fact is the private sector wants to be located in communities 
that have dependable transportation systems to get their goods to 
market and their workers to their jobs. Businesses want to attract and 
retain workers and ensure that their enterprise will be viable in the 
long run. Private enterprise has spearheaded some of the most notable 
past and current planning efforts and the Federal Government should be 
a supportive, versatile partner in this work.
  I invited bipartisan cooperation on the bill numerous times and 
although some offices quietly praise the good work going on in their 
communities, political pressure prevents them from doing so publicly. 
We remain optimistic that supporting community efforts to proactively 
plan for the future and save money by coordinating capital investment 
strategies are values we all support, regardless of the terminology we 
use to describe them.
  The Livable Communities Act of 2011 is a streamlined approach that 
would keep the good work at the U.S. Department of Housing and Urban 
Development going. Its intent is to find better ways to coordinate 
interconnected but often silo-ed programs and policies that impact 
housing, transportation, and the environment and affect the way we live 
our daily lives.
  The bill would formally authorize the existing HUD Office of 
Sustainable Housing and Communities, to work with the Department of 
Transportation and Environmental Protection Agency, to provide 
technical assistance and capacity support to communities working on 
integrated planning for housing, transportation, water and sewer 
infrastructure needs. These tools help communities develop projects 
that support job creation, leverage significant private sector 
investment, and bolster long-term economic resilience by creating 
places where businesses want to invest. Increased coordination at the 
regional and Federal level will cut red tape and save communities money 
as they plan for their future needs. The bill also directs the Office 
of Sustainable Housing and Communities to provide best practices and 
technical assistance to ensure that communities of all sizes learn from 
each other's success.
  The Livable Communities Act of 2011 also directs HUD to coordinate 
with DOT and EPA to identify and eliminate Federal barriers to 
sustainable development. The Office of Sustainable Housing and 
Communities will coordinate Federal sustainable development policies 
and research agendas to facilitate Federal collaboration by 
streamlining and reconciling program requirements and policies. It will 
also administer grant programs to support local planning for long-term 
housing and infrastructure needs. This will enable communities to 
foster economic development in an efficient and inclusive way. 
Selection criteria and eligible activities would be flexible to allow 
all sizes and types of communities to plan for a more sustainable 
future, including job creation; revitalizing existing small town Main 
Streets; reducing traffic congestion and pollution; protecting 
farmland, working landscapes, and green space; addressing vacant, 
abandoned, and foreclosed properties; and building more affordable and 
healthy housing.
  The bill would also spur private investment in transit-oriented 
development, TOD, by helping communities overcome initial financing 
hurdles that so often lock up private investment and prevent desired 
transit-oriented, mixed-use development. Locally directed TOD provides 
numerous economic benefits, including increased property values and 
business activity as well as congestion reduction. TOD also promotes 
economic competitiveness by efficiently connecting our work force to 
educational and employment opportunities. This creates avenues for 
business growth in communities across the country and keeps America 
competitive in the global economy.
  I know how important planning is to our communities. My home State of 
New Jersey is the most densely populated in the country, so we know the 
value of good community planning. Over the years we have learned some 
important lessons about how vital it is to make sure that our 
development projects are functional, serviceable, and livable at the 
human scale, places where people feel safe, where they want to spend 
time, relax as well as work--places where they can live, shop, and be 
connected to their surroundings. If this economic crisis is teaching us 
anything, it is to live within our means,

[[Page S5914]]

think creatively about opportunities to leverage resources, and to 
invest now for future prosperity.
  Good planning means saving $122 billion on water, sewer, and roads 
over the next 25 years. It means protecting housing values by putting 
housing near transit. As President Obama remarked over two years ago, 
our days of building mindless sprawl are over. We simply cannot afford 
it. Now is the time to reinvest in our communities and infrastructure. 
The HUD-DOT-EPA Partnership for Sustainable Communities is doing this 
in a very active way. There are many members of Congress who support 
this important work, but we need to convince more of them that we are 
right, and that--for the good of their communities--they should be on 
our side.
  The fact is, we all have a role to play. The environment is 
substantially different today than it was ten years ago--twenty years 
ago when I was trying to get people on board with the idea reactivating 
an existing right of way to serve as the Hudson Bergen Light Rail when 
I was Mayor of Union City.
  Today, communities are catching on. Innovation is happening. The 
Federal Government can be an important partner in helping communities 
achieve their goals. I can tell you that in Jersey City, ``livable'' 
means the transforming 111 acres of under-utilized industrial land into 
a mixed use, walkable community along the Hudson Bergen Light Rail. A 
quiet revolution is underway and communities like Jersey City are 
leading by example. It's time for the Federal Government to catch up.
  It is our job--together--all of us--to provide the information, 
tools, and encouragement these communities need, that Federal, State, 
and local agencies and elected officials need--to achieve the 
aspirations that they set for themselves.
  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. 1621

       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 ``Livable Communities Act of 
     2011''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) When rural, suburban, and urban communities plan 
     transportation, housing, and water infrastructure 
     strategically it is estimated that these communities could 
     save nearly $122,000,000,000 in infrastructure costs over the 
     next 25 years.
       (2) Key Federal programs are missing a vital opportunity to 
     boost economic growth at the local and regional level through 
     better coordination of housing, transportation, and related 
     infrastructure investments.
       (3) Federal regulations and policies should support 
     community efforts to implement and sustain progress toward 
     the achievement of locally-defined development goals, in 
     terms of--
       (A) geographic location and proximity to existing 
     resources; and
       (B) maintaining structural and indoor environmental quality 
     and minimizing health hazards.
       (4) Greater coordination of public investment will provide 
     direct support for immediate job creation and lay the 
     groundwork for long-term resilience and prosperity by 
     leveraging significant private sector and philanthropic 
     investment to make the most of Federal funding.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to strengthen rural, suburban, and urban economies by 
     enabling communities to establish goals for the future and to 
     chart a course for achieving such goals;
       (2) to promote local leadership by encouraging communities 
     to develop innovative solutions that reflect the unique 
     economic assets and needs of the communities;
       (3) to maximize returns on Federal funding of housing, 
     transportation, and other infrastructure projects through the 
     coordination of Federal grant programs, regulations, and 
     requirements, by reducing the number of duplicative Federal 
     programs and improving the efficiency and effectiveness of 
     programs and policies of the Department of Housing and Urban 
     Development, the Department of Transportation, the 
     Environmental Protection Agency, and other Federal agencies, 
     as appropriate; and
       (4) to ensure that Federal funding supports locally defined 
     long range development goals.

     SEC. 4. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Affordable housing.--The term ``affordable housing'' 
     means housing, the cost of which does not exceed 30 percent 
     of the income of a family.
       (2) Comprehensive regional plan.--The term ``comprehensive 
     regional plan'' means a plan that--
       (A) uses a cooperative, locally controlled and inclusive 
     public engagement process to identify needs and goals across 
     a region and to integrate related planning processes;
       (B) prioritizes projects for implementation, including 
     healthy housing projects; and
       (C) is tied to short-term capital improvement programs and 
     annual budgets.
       (3) Department.--The term ``Department'' means the 
     Department of Housing and Urban Development.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Sustainable Housing and Communities established 
     under section 5.
       (5) 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.
       (6) 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.
       (7) 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.
       (8) 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).
       (9) 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.
       (10) Location-efficient.--The term ``location-efficient'' 
     characterizes mixed-use development or neighborhoods that 
     integrate housing, commercial development, and facilities and 
     amenities--
       (A) to lower living expenses for working families;
       (B) to enhance mobility;
       (C) to encourage private investment in transit-oriented 
     development; and
       (D) to encourage private sector infill development and 
     maximize the use of existing infrastructure.
       (11) 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)).
       (12) Metropolitan planning organization.--The term 
     ``metropolitan planning organization'' means a metropolitan 
     planning organization described in section 134(b) of title 
     23, United States Code or section 5303(b) of title 49, United 
     States Code.
       (13) Office.--The term ``Office'' means the Office of 
     Sustainable Housing and Communities established under section 
     5.
       (14) Regional council.--The term ``regional council'' means 
     a multiservice 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.
       (15) 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.
       (16) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (17) State.--The term ``State'' has the meaning given that 
     term by the Secretary, by rule.

[[Page S5915]]

       (18) 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.
       (19) 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.
       (20) 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.
       (21) 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)).

     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 that--
       (A) encourage locally directed comprehensive and integrated 
     planning and development at the State, regional, and local 
     levels;
       (B) encourage coordinated public investments through the 
     development of comprehensive regional plans;
       (C) 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
       (D) achieve other goals consistent with the purposes of 
     this Act;
       (2) review Federal programs and policies to determine 
     barriers to interagency collaboration and make 
     recommendations to promote the ability of local communities 
     to access resources in the Department and throughout the 
     Federal Government and coordinate with and conduct outreach 
     to Federal agencies, including the Department of 
     Transportation and the Environmental Protection Agency, on 
     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;
       (3) conduct research and advise the Secretary on the 
     research agenda of the Department relating to coordinated 
     development, in collaboration with the Office of Policy 
     Development and Research of the Department;
       (4) implement and oversee the grant programs established 
     under this Act by--
       (A) developing the process and format for grant 
     applications for each grant program;
       (B) promulgating regulations or guidance 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;
       (5) provide guidance, information on best practices, and 
     technical assistance to communities seeking to adopt 
     sustainable development policies and practices;
       (6) administer initiatives of the Department relating to 
     the policies described in paragraph (1), as determined by the 
     Secretary; and
       (7) work with the Federal Transit Administration of the 
     Department of Transportation and other offices and 
     administrations of the Department of Transportation, as 
     appropriate--
       (A) to encourage transit-oriented development; and
       (B) to coordinate Federal housing, community development, 
     and transportation policies, including the policies described 
     in paragraph (1).
       (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 shall carry out the grant 
     programs established under this Act.
       (2) Small and rural communities grants program.--The 
     Director shall coordinate with the Secretary of Agriculture 
     to make grants to small and rural communities under sections 
     7 and 8.
       (3) Technical assistance for grant recipients and 
     applicants.--The Director may--
       (A) coordinate with other Federal agencies to establish 
     interagency and multidisciplinary teams to provide technical 
     assistance to recipients of, and prospective applicants for, 
     grants under this Act;
       (B) by Federal interagency agreement, transfer funds to 
     another Federal agency to facilitate and support technical 
     assistance; and
       (C) make contracts with third parties to provide technical 
     assistance to grant recipients and prospective applicants for 
     grants.

     SEC. 6. COMPREHENSIVE PLANNING GRANT PROGRAM.

       (a) Definitions.--In this section--
       (1) 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;
       (2) 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;
       (3) 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;
       (iii) a State and an Indian tribe; or
       (iv) an institution of higher education;
       (4) the term ``grant program'' means the comprehensive 
     planning grant program established under subsection (b); and
       (5) 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.
       (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 locally defined planning processes, 
     across jurisdictions and agencies;
       (2) to identify regional partnerships for developing and 
     implementing a comprehensive regional plan;
       (3) to conduct or update assessments to determine regional 
     needs and promote economic and community development;
       (4) to develop or update--
       (A) a comprehensive regional plan; or
       (B) goals and strategies to implement an existing 
     comprehensive regional plan and other related activities; and
       (5) to identify 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--
       (i) award not less than 15 percent of the funds under the 
     grant program to eligible entities described in paragraph 
     (1)(A); and
       (ii) ensure diversity among the geographic regions and the 
     size of the population of the communities served by 
     recipients of grants that are 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.

[[Page S5916]]

       (B) Exceptions.--
       (i) Small and rural communities.--In the case of an 
     eligible entity described in paragraph (1)(A), the Federal 
     share of the cost of a project carried out using a grant 
     under the grant program may be 90 percent.
       (ii) 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) Non-federal share.--
       (i) 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.
       (ii) Other federal funding.--Federal funding from sources 
     other than the grant program may not be used for 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 transportation providers 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 representatives of 
     a State, the metropolitan planning organization, the rural 
     planning organization, the regional council, local 
     jurisdictions, non-profit organizations, and others, as 
     deemed appropriate by the eligible entity, given the local 
     context of the comprehensive planning effort; and
       (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) demonstrates the technical capacity of the eligible 
     entity to carry out the project;
       (2) 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);
       (3) demonstrates integration with local efforts in economic 
     development and job creation;
       (4) demonstrates a strategy for implementing a 
     comprehensive regional plan through regional infrastructure 
     investment plans and local land use plans;
       (5) promotes diversity among the geographic regions and the 
     size of the population of the communities served by 
     recipients of grants under this section;
       (6) demonstrates a commitment to seeking substantial public 
     input during the planning process and public participation in 
     the development of the comprehensive regional plan;
       (7) demonstrates that a Federal grant is necessary to 
     accomplish the project proposed to be carried out;
       (8) minimizes the Federal share necessary to carry out the 
     project and leverages State, local, or private resources;
       (9) has a high quality overall; and
       (10) 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) Coordinating locally defined planning processes across 
     jurisdictions and agencies.
       (2) Identifying potential regional partnerships for 
     developing and implementing a comprehensive regional plan.
       (3) Conducting or updating assessments to determine 
     regional needs, including healthy housing, and promote 
     economic and community development.
       (4) Developing or updating--
       (A) a comprehensive regional plan; or
       (B) goals and strategies to implement an existing 
     comprehensive regional plan.
       (5) Implementing local zoning and other code changes 
     necessary to implement a comprehensive regional plan and 
     promote sustainable development.
       (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) Report on the Comprehensive Planning 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 Secretary.
       (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 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 
     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.
       (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--

[[Page S5917]]

       (A) $100,000,000 for fiscal year 2012; and
       (B) $125,000,000 for each of fiscal years 2013 through 
     2016.
       (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)(3).

     SEC. 7. COMMUNITY CHALLENGE GRANT PROGRAM.

       (a) Definitions.--In this section--
       (1) the terms ``consortium of units of general local 
     governments'', ``eligible entity'', and ``eligible partner'' 
     have the same meaning as in section 6; and
       (2) the term ``grant program'' means the community 
     challenge grant program established under subsection (b).
       (b) Community Challenge Grant Program Established.--The 
     Director shall establish a community challenge grant program 
     to make grants to eligible entities to--
       (1) promote integrated planning and investments across 
     policy and governmental jurisdictions; and
       (2) 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 
     eligible entities in each of the categories described in 
     section 6(c)(1).
       (2) Terms and conditions.--Except as otherwise provided in 
     this section, a grant under the grant program shall be made 
     on the same terms and conditions as a grant under section 6.
       (3) Expending funds.--An eligible entity that receives a 
     grant under the grant program shall 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.
       (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 6 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; and
       (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

       (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) demonstrates the technical capacity of the eligible 
     entity to carry out the project;
       (2) 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 transportation providers;
       (3) demonstrates clear and meaningful interjurisdictional 
     cooperation and coordination of housing (including healthy 
     housing), transportation, and environmental policies and 
     plans;
       (4) demonstrates a commitment to implementing a 
     comprehensive regional plan and documents action taken or 
     planned to implement the plan;
       (5) minimizes the Federal share necessary to carry out the 
     project and leverages a significant amount of State, local, 
     or private resources;
       (6) 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;
       (7) promotes diversity among the geographic regions and the 
     size of the population of the communities served by 
     recipients of grants under the grant program;
       (8) demonstrates a commitment to substantial public input 
     throughout the implementation process;
       (9) demonstrates that a Federal grant is necessary to 
     accomplish the project or projects proposed to be carried 
     out;
       (10) has a high quality overall; and
       (11) 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. Activities 
     related to the updating, reform, or development of a local 
     code, plan, or ordinance to implement projects contained in a 
     comprehensive regional plan shall not be considered planning 
     activities for the purposes of a grant under the grant 
     program.
       (2) Projects and investments.--An eligible entity that 
     receives a grant under the grant program shall carry out 1 or 
     more projects that are designed to achieve the goals 
     identified in a comprehensive regional plan.
       (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 Community 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 Secretary.
       (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) 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) $30,000,000 for each of fiscal years 2012 and 2013;
       (B) $35,000,000 for fiscal year 2014;
       (C) $40,000,000 for fiscal year 2015; and
       (D) $45,000,000 for fiscal year 2016.

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

       (a) Definitions.--In this section--
       (1) Eligible applicant.--The term ``eligible applicant'' 
     means a State or local government.
       (2) Eligible area.--The term ``eligible area'' means the 
     area within \1/2\ mile of an existing or planned major 
     transit facility.
       (3) Eligible borrower.--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).
       (4) Major transit facility.--The term ``major transit 
     facility'' means--
       (A) a fixed-guideway transit station;

[[Page S5918]]

       (B) a high speed rail or intercity rail station;
       (C) a transit hub connecting more than 3 local transit 
     lines; or
       (D) a transit center located in an area other than an 
     urbanized area.
       (5) Planned major transit facility.--The term ``planned 
     major transit facility'' means a major transit facility for 
     which appropriate environmental reviews have been completed 
     and for which funding for construction can be reasonably 
     anticipated.
       (6) Project.--The term ``project'' means an infrastructure 
     project that is used to support a transit-oriented 
     development in an eligible area, 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;
       (C) utility development, including rehabilitating existing, 
     or providing for new drinking water, wastewater, electric, 
     and gas utilities; or
       (D) community facilities, including child care centers.
       (b) Loan Program 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--
       (A) is part of a community-wide development plan, as 
     defined by the Secretary;
       (B) promotes sustainable development; and
       (C) ensures that not less than 15 percent of any housing 
     units constructed or substantially rehabilitated as part of 
     transit-oriented development supported by the project are 
     affordable over the long-term to, and occupied at time of 
     initial occupancy by--
       (i) renters with incomes at or below 60 percent of the area 
     median; or
       (ii) homeowners with incomes at or below 100 percent of the 
     area median.
       (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) or will provide deeper 
     affordability than required 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;
       (4) other revenue sources dedicated to the project by 
     property owners and businesses; and
       (5) a bond or other indebtedness backed by one of the 
     revenue sources listed in this paragraph.
       (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 $20,000,000 for each of fiscal years 2012 
     through 2016.

     SEC. 9. HEALTHY HOMES.

       (a) Federal Initiative To Support Healthy Housing and 
     Eradicate Housing-related Health Hazards.--The Secretary, 
     acting through the Director of the Office of Healthy Homes 
     and Lead Hazard Control and in consultation with the 
     Secretary of Energy, the Administrator of the Environmental 
     Protection Agency, the Secretary of Agriculture, the Director 
     of the National Institute of Standards and Technology, the 
     Director of the National Institute of Environmental Health 
     Sciences, and the Director of the Centers for Disease 
     Control, shall lead the Federal initiative to support healthy 
     housing and eradicate housing-related health hazards by--
       (1) reviewing, monitoring, and evaluating Federal housing, 
     health, energy, and environmental programs and identifying 
     areas of overlap and duplication that could be improved;
       (2) identifying best practices and model programs, 
     including practices and programs that link services for low-
     income families and services for health hazards;
       (3) identifying best practices for finance products, 
     building codes, and regulatory practices;
       (4) researching training programs and work practices that 
     can accurately assess housing-related health hazards;
       (5) promoting collaboration among Federal, State, local, 
     and tribal agencies and non-governmental organizations; and
       (6) coordinating with all relevant Federal agencies.
       (b) Assessment.--The Secretary shall conduct a 
     collaborative, interagency assessment of best practices for--
       (1) coordinating activities relating to healthy housing;
       (2) removing unnecessary barriers to interagency 
     coordination in Federal statutes and regulations; and
       (3) creating incentives in programs of the Federal 
     Government to advance the complementary goals of improving 
     environmental health, energy conservation, and the 
     availability of housing.
       (c) Study and Report on Sustainable Building Features and 
     Indoor Environmental Quality in Housing.--
       (1) Study.--The Secretary, in consultation with the 
     Secretary of Energy, the Director of the National Institute 
     of Standards and Technology, the Director of the National 
     Institute of Environmental Health Sciences, the Director of 
     the Centers for Disease Control, and any other Federal agency 
     that the Secretary determines is appropriate, shall conduct a 
     detailed study of how sustainable building features in 
     housing, such as energy efficiency, affect--
       (A) the quality of the indoor environment;
       (B) the prevalence of housing-related health hazards; and
       (C) the health of occupants of the housing.
       (2) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs and the 
     Committee on Appropriations of the Senate and the Committee 
     on Financial Services and the Committee on Appropriations of 
     the House of Representatives a report containing the results 
     of the study under paragraph (1).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 10. 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

[[Page S5919]]

     Community Development Act of 1980 (42 U.S.C. 1436a).

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