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Bill 7 of 242
Colonias Gateway Initiative Act (Introduced in House)
HR 5654 IH
107th CONGRESS
2d Session
H. R. 5654
To enhance the capacity of organizations working in the United
States-Mexico border region to develop affordable housing and infrastructure and
to foster economic opportunity in the colonias.
IN THE HOUSE OF REPRESENTATIVES
October 16, 2002
Mr. BONILLA (for himself, Mr. PASTOR, and Mr. ORTIZ) introduced the following
bill; which was referred to the Committee on Financial Services, and in addition
to the Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To enhance the capacity of organizations working in the United
States-Mexico border region to develop affordable housing and infrastructure and
to foster economic opportunity in the colonias.
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 `Colonias Gateway Initiative Act'.
SEC. 2. COLONIAS GATEWAY INITIATIVE.
(a) IN GENERAL- To the extent amounts are made available to carry out this
section, the Secretary may make grants under this section to one or more
regional organizations to enhance the availability of affordable housing,
economic opportunity, and infrastructure in the colonias.
(b) GRANTS- Grants under this section may be made only to regional
organizations selected pursuant to subsection (c). After an organization has
been selected pursuant to subsection (c) to receive a grant under this
section, the Secretary may provide grants to such organization in subsequent
fiscal years, subject to subsection (e).
(c) SELECTION OF REGIONAL ORGANIZATIONS- The Secretary shall select one or
more regional organizations that submit applications for grants under this
section to receive such grants. The selection shall be made pursuant to a
competition, which shall consider the applicant's proposed work plan under
subsection (e) and shall be based upon criteria that reflect the purposes of
this section. Such criteria shall include a demonstration of the extent to
which the applicant organization has the capacity to--
(1) enhance the availability of affordable housing, economic
opportunity, and infrastructure in the colonias by carrying out the eligible
activities set forth in subsection (f);
(2) provide assistance in each State in which colonias are
located;
(3) form partnerships with the public and private sectors and local and
regional housing and economic development intermediaries to leverage and
coordinate additional resources to achieve the purposes of this
section;
(4) ensure accountability to the residents of the colonias through
active and ongoing outreach to, and consultation with, residents and local
governments; and
(5) meet such other criteria as the Secretary may specify.
(1) MEMBERSHIP- The Secretary shall appoint an Advisory Board that shall
consist of nine members, who shall include--
(A) one individual from each State in which colonias are
located;
(B) four individuals who are members of non-profit or private sector
organizations having substantial investments in the colonias, at least one
of whom is a member of such a private sector organization; and
(C) one individual who is a resident of a colonia.
(2) CHAIRPERSON- The Secretary shall designate a member of the Advisory
Board as Chairperson.
(3) TERM- Advisory Board members shall be appointed for two year terms
that shall be renewable at the discretion of the Secretary.
(4) COMPENSATION- Advisory Board members shall serve without
compensation, but the Secretary may provide members with travel expenses,
including per diem in lieu of subsistence, in accordance with section 5702
and 5703 of title 5, United States Code.
(5) FUNCTIONS- The Advisory Board shall--
(A) assist any regional organization that receives a grant under this
section in the development and implementation of its final work plan under
subsection (e);
(B) review and approve all final work plans;
(C) assist the Secretary in monitoring and evaluating the performance
of any regional organization in implementing its final work plan;
and
(D) provide such other assistance as the Secretary may
request.
(1) APPLICATION- Each regional organization applying for a grant under
this section shall include in its application a proposed work plan.
(2) ANNUAL SUBMISSION- To be eligible to continue receive annual grants
under this section after selection pursuant to subsection (c), a regional
organization shall, on an annual basis after such selection and subject to
the Secretary's determination to continue to provide grant amounts to such
regional organization, submit a proposed work plan to the Advisory Board and
the Secretary for review and approval.
(3) FINAL WORK PLAN- In any fiscal year, including the fiscal year in
which any regional organization is selected pursuant to subsection (c),
prior to final determination and allocation of specific grant amounts, each
selected regional organization shall, with the assistance of the Advisory
Board, develop a final work plan that thoroughly describes how the regional
organization will use specific grant amounts to carry out its functions
under this section, which shall include the following:
(A) A description of outcome measures and other baseline information
to be used to monitor success in promoting affordable housing, economic
opportunity, and infrastructure in the colonias.
(B) An account of how the regional organization will strengthen the
coordination of existing resources used to assist residents of the
colonias, and how the regional organization will leverage additional
public and private resources to complement such existing
resources.
(C) An explanation, in part, of the effects that implementation of the
work plan will have on areas in and around colonias.
(D) Such assurances as the Secretary may require that grant amounts
will be used in a manner that results in assistance and investments for
colonias in each State containing colonias, in accordance with
requirements that the Advisory and the Secretary may establish that
provide for a minimum level of such investment and assistance as a
condition of the approval of the work plans.
(4) APPROVAL- No grant amounts under this section for a fiscal year may
be provided to a regional organization until the Secretary approves the
final work plan of the organization, including a specific grant amount for
the organization. In determining whether to approve a final work plan, the
Secretary shall consider whether the Advisory Board approved the plan. To
the extent that the Advisory Board or the Secretary does not approve a work
plan, the Advisory Board or the Secretary shall, to the maximum extent
practicable, assist the selected regional organization that submitted the
plan to develop an approvable plan.
(f) ELIGIBLE ACTIVITIES- Grant amounts under this section may be used only
to carry out the following eligible activities to benefit the colonias:
(1) Coordination of public, private, and community-based resources and
the use of grant amounts to leverage such resources.
(2) Technical assistance and capacity building, including training,
business planning and investment advice, and the development of marketing
and strategic investment plans.
(3) Initial and early-stage investments in activities to provide--
(A) housing, infrastructure, and economic development;
(B) housing counseling and financial education, including counseling
and education about avoiding predatory lending ; and
(C) access to financial services for residents of colonias.
(4) Development of comprehensive, regional, socioeconomic, and other
data, and the establishment of a centralized information resource, to
facilitate strategic planning and investments.
(5) Administrative and planning costs of any regional organization in
carrying out this section, except that the Secretary may limit the amount of
grant funds used for such costs.
(6) Such other activities as the Secretary deems appropriate to carry
out this section.
(g) GRANT AGREEMENTS- A grant under this section shall be made only
pursuant to a grant agreement between the Secretary and a regional
organization selected under this section.
(h) TERMINATION AND RECAPTURE- If the Secretary determines that a regional
organization awarded a grant under this section has not substantially
fulfilled its obligations under its final work plan or grant agreement, the
Secretary shall terminate the regional organization's participation under this
section, and shall recapture any unexpended grant amounts.
(i) DETAILS FROM OTHER AGENCIES- Upon request of any selected regional
organization that has an approved work plan, the head of any Federal agency
may detail, on a reimbursable basis, any of the personnel of such agency to
that regional organization to assist it in carrying out its duties under this
section.
(j) ENVIRONMENTAL REVIEW- For purposes of environmental review, projects
assisted by grant amounts under this section shall be treated as special
projects that are subject to section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and shall be subject
to regulations issued by the Secretary to implement such section.
(k) DEFINITIONS- For the purposes of this section:
(1) The term `colonia' means any identifiable community that--
(A) is located in the State of Arizona, California, New Mexico, or
Texas;
(B) is located in the United States-Mexico border region;
(C) is determined to be a colonia on the basis of objective criteria,
including lack of potable water supply, lack of adequate sewage systems,
and lack of decent, safe, and sanitary housing; and
(D) was in existence and generally recognized as a colonia before the
date of the enactment of this Act.
(2) The term `regional organization' means a nonprofit organization or a
consortium of nonprofit organizations with the capacity to serve
colonias.
(3) The term `Secretary' means the Secretary of Housing and Urban
Development.
(4) The term `United States-Mexico border region' means the area of the
United States within 150 miles of the border between the United States and
Mexico, except that such term does not include any standard metropolitan
statistical area that has a population exceeding 1,000,000.
(l) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $16,000,000 for fiscal year 2003 and
such sums as may be necessary for each of fiscal years 2004 through 2009.
(m) SUNSET- No new grants may be provided under this section after
September 30, 2009.
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