US (United States) Code. Title 42. Chapter 89: Congregate housing services

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 89 - CONGREGATE HOUSING SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-MISC1-

Sec.

8001. Congressional findings.

8002. Definitions.

8003. Contracts to provide congregate services programs.

8004. Congregate services program.

(a) Essential services for maintaining independent

living.

(b) Duplication of services.

(c) Consultation with Area Agency on Aging or other

appropriate State agency.

(d) Submission of proposed application to Area

Agency on Aging or other appropriate State

agency.

(e) Nonelderly handicapped individuals as eligible

project residents.

(f) Manner of providing congregate services.

(g) Amount of annual contributions of receiving

agency.

(h) Fees for meal and other services.

(i) Standards for provision of services.

8005. Eligibility for services.

(a) Professional assessment committee for

determination of eligibility.

(b) Participation of other residents in meal

services program.

(c) Notification of change in membership of

professional assessment committee.

(d) Procedure for changes in membership of

professional assessment committee.

8006. Application procedure for assistance.

(a) Matters included in application.

(b) Deadlines for submission of application.

(c) Review of performance of services program prior

to submission of application for renewed

funding.

8007. Evaluation of applications and programs.

(a) Application evaluations.

(b) Program evaluations.

(c) Report to Congress.

8008. Funding procedures.

8009. Miscellaneous provisions.

(a) Utilization of elderly and permanently disabled

adult persons.

(b) Tax treatment of services received.

(c) Individuals receiving aid considered residents

of own household.

(d) Regulations.

8010. Authorization of appropriations.

8011. Revised congregate housing services program.

(a) Findings and purposes.

(b) Contracts for congregate services programs.

(c) Reservation of amounts.

(d) Eligible activities.

(e) Eligibility for services.

(f) Eligible contract recipients and distribution

of assistance.

(g) Applications.

(h) Selection and evaluation of applications and

programs.

(i) Congregate services program funding.

(j) Miscellaneous provisions.

(k) Definitions.

(l) Reports to Congress.

(m) Regulations.

(n) Authorization of appropriations.

(o) Reserve fund.

8012. Hope for elderly independence.

(a) Purpose.

(b) Housing assistance.

(c) Supportive services requirements and matching

funding.

(d) Applications.

(e) Selection.

(f) Required agreements.

(g) Definitions.

(h) Multifamily project demonstration.

(i) Report.

(j) Section 1437f funding.

(k) Funding for services.

(l) Implementation.

8013. Supportive housing for persons with disabilities.

(a) Purpose.

(b) Authority to provide assistance.

(c) General requirements.

(d) Forms of assistance.

(e) Term of commitment.

(f) Applications.

(g) Selection criteria.

(h) Development cost limitations.

(i) Tenant selection.

(j) Miscellaneous provisions.

(k) Definitions.

(l) Allocation of funds.

(m) Authorization of appropriations.

(n) Effective date and applicability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3535, 8011 of this title.

-End-

-CITE-

42 USC Sec. 8001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8001. Congressional findings

-STATUTE-

The Congress finds that -

(1) congregate housing, coordinated with the delivery of

supportive services, offers an innovative, proven, and

cost-effective means of enabling temporarily disabled or

handicapped individuals to maintain their dignity and

independence and to avoid costly and unnecessary

institutionalization;

(2) a large and growing number of elderly and handicapped

residents of public housing projects and of nonprofit projects

for the elderly and handicapped face premature and unnecessary

institutionalization because of the absence of or deficiencies in

the availability, adequacy, coordination, or delivery of the

supportive services required for the successful development of

adequate numbers of congregate housing projects; and

(3) supplemental supportive services, available on a secure and

continuing basis, are essential to a successful congregate

housing program.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 402, Oct. 31, 1978, 92 Stat. 2104.)

-MISC1-

SHORT TITLE

Section 401 of title IV of Pub. L. 95-557 provided that: "This

title [enacting this chapter and amending section 1437e of this

title] may be cited as the 'Congregate Housing Services Act of

1978'."

-End-

-CITE-

42 USC Sec. 8002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8002. Definitions

-STATUTE-

For the purpose of this chapter -

(1) the term "congregate housing" means (A) low-rent housing

which, as of January 1, 1979, was built or under construction,

with which there is connected a central dining facility where

wholesome and economical meals can be served to such occupants;

or (B) low-rent housing constructed after, but not under

construction prior to, January 1, 1979, connected with which

there is a central dining facility to provide wholesome and

economical meals for such occupants;

(2) the term "congregate services programs" means programs to

be undertaken by a public housing agency or a nonprofit

corporation to provide assistance, including personal assistance

and nutritional meals, to eligible project residents who, with

such assistance, can remain independent and avoid unnecessary

institutionalization;

(3) the term "elderly" means sixty-two years of age or over;

(4) the term "eligible project resident" means elderly

handicapped individuals, nonelderly handicapped individuals, or

temporarily disabled individuals, who are residents of congregate

housing projects administered by a public housing agency or by a

nonprofit corporation;

(5) the term "handicapped" means having an impairment which (A)

is expected to be of long-continued and indefinite duration, and

(B) substantially impedes an individual's ability to live

independently unless the individual receives supportive

congregate services; such impairment may include a functional

disability or frailty which is a normal consequence of the human

aging process;

(6) the term "personal assistance" means service provided under

this chapter which may include, but is not limited to, aid given

to eligible project residents in grooming, dressing, and other

activities which maintain personal appearance and hygiene;

(7) the term "professional assessment committee" means a group

of at least three persons appointed by a local public housing

agency or a nonprofit corporation and shall include qualified

medical professionals and other persons professionally competent

to appraise the functional abilities of elderly or permanently

disabled adult persons, or both, in relation to the performance

of the normal tasks of daily living;

(8) the term "temporarily disabled" means an impairment which

(A) is expected to be of no more than six months' duration, and

(B) substantially impedes an individual's ability to live

independently unless the individual receives supportive

congregate services; and

(9) the term "nonprofit corporation" means any corporation

responsible for a housing project assisted under section 1701q of

title 12.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 403, Oct. 31, 1978, 92 Stat. 2105.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8005 of this title.

-End-

-CITE-

42 USC Sec. 8003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8003. Contracts to provide congregate services programs

-STATUTE-

The Secretary of Housing and Urban Development (hereinafter

referred to as the "Secretary") is authorized to enter into

contracts with local public housing agencies under the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.] (hereinafter

referred to as "public housing agencies") and with nonprofit

corporations, utilizing sums appropriated under this chapter, to

provide congregate services programs for eligible project residents

in order to promote and encourage maximum independence within a

home environment for such residents capable of self-care with

appropriate supportive congregate services. Each contract between

the Secretary and a public housing agency or nonprofit corporation

shall be for a term of not less than three years or more than five

years and shall be renewable at the expiration of such term. Each

public housing agency or nonprofit corporation entering into such a

contract shall be reserved a sum equal to its total approved

contract amount from the moneys authorized and appropriated for the

fiscal year in which the notification date of funding approval

falls.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 404, Oct. 31, 1978, 92 Stat. 2106.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 1437 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1437 of this title and

Tables.

-End-

-CITE-

42 USC Sec. 8004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8004. Congregate services program

-STATUTE-

(a) Essential services for maintaining independent living

Congregate services programs assisted under this chapter must

include full meal service adequate to meet nutritional needs, and

may also include housekeeping aid, personal assistance, and other

services essential for maintaining independent living.

(b) Duplication of services

No services funded under this chapter may duplicate services

which are already affordable, accessible, and sufficiently

available on a long-term basis to eligible project residents under

programs administered by or receiving appropriations through any

department, agency, or instrumentality of the Federal Government or

any other public or private department, agency, or organization.

(c) Consultation with Area Agency on Aging or other appropriate

State agency

A public housing agency or nonprofit corporation applying for

assistance to provide congregate services to elderly residents

shall consult with the Area Agency on Aging (or, where no Area

Agency on Aging exists, with the appropriate State agency under the

Older Americans Act of 1965 [42 U.S.C. 3001 et seq.]) in

determining the means of providing services under this chapter and

in identifying alternative available sources of funding for such

services.

(d) Submission of proposed application to Area Agency on Aging or

other appropriate State agency

Prior to the submission of a final application for either new or

renewed funding under this chapter for the provision of congregate

services to elderly residents, a public housing agency and a

nonprofit corporation shall present a copy of a proposed

application to the Area Agency on Aging (or, where no Area Agency

on Aging exists to the appropriate State agency under the Older

Americans Act of 1965 [42 U.S.C. 3001 et seq.]) for review and

comment. Such agency and nonprofit corporation shall consider such

review and comment in the development of any final application for

either new or renewed funding under this chapter.

(e) Nonelderly handicapped individuals as eligible project

residents

(1) A public housing agency or nonprofit corporation applying for

assistance to provide congregate services to nonelderly handicapped

residents shall consult with the appropriate agency, if any,

designated by applicable State law as having responsibility for the

development, provision, or identification of social services to

permanently disabled adults, for the purpose of determining the

means of providing services under this chapter and of identifying

alternative available sources of funding for such services.

(2) Such public housing agency and nonprofit corporation shall

also, prior to the submission of a final application for either new

or renewed funding under this chapter, present a copy of the

proposed application to such appropriate agency for review and

comment. The public housing agency and nonprofit corporation shall

consider such review and comment in the development of any final

application for either new or renewed funding under this chapter.

(f) Manner of providing congregate services

Any nonprofit corporation or public housing agency receiving

assistance under this chapter may provide congregate services

directly to eligible project residents or may, by contract or

lease, provide such services through other appropriate agencies or

providers.

(g) Amount of annual contributions of receiving agency

Nonprofit corporations and public housing agencies receiving

assistance for congregate services programs under this chapter

shall be required to maintain the same dollar amount of annual

contribution which they were making, if any, in support of the

provision of services eligible for assistance under this chapter

before the date of the submission of the application for such

assistance unless the Secretary determines that the waiver of this

requirement is necessary for the maintenance of adequate levels of

services to eligible project residents. If any contract or lease

entered into by a public housing agency or nonprofit corporation

pursuant to subsection (f) of this section provides for adjustments

in payments for services to reflect changes in the cost of living,

then the amount of annual contribution required to be maintained by

such public agency or nonprofit corporation under the preceding

sentence shall be readjusted in the same manner.

(h) Fees for meal and other services

Each nonprofit corporation and public housing agency shall

establish fees for meal service and other appropriate services

provided to eligible project residents. These fees shall be

reasonable, may not exceed the cost of providing the service, and

shall be calculated on a sliding scale related to income which

permits the provision of services to such residents who cannot

afford meal and service fees. When meal services are provided to

other project residents, fees shall be reasonable and may not

exceed the cost of providing the meal service.

(i) Standards for provision of services

The Secretary shall establish standards for the provision of

services under this chapter, and, in developing such service

standards, the Secretary shall consult with the Secretary of Health

and Human Services and with appropriate organizations representing

the elderly and handicapped, as determined by the Secretary.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 405, Oct. 31, 1978, 92 Stat. 2106;

Pub. L. 96-399, title II, Sec. 208, Oct. 8, 1980, 94 Stat. 1634;

Pub. L. 98-479, title II, Sec. 201(j), Oct. 17, 1984, 98 Stat.

2228.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in subsecs. (c) and

(d), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended,

which is classified generally to chapter 35 (Sec. 3001 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 3001 of this title and

Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (i). Pub. L. 98-479 substituted "Health and Human

Services" for "the Department of Health, Education, and Welfare".

1980 - Subsecs. (c), (d). Pub. L. 96-399, Sec. 208(a), (b),

inserted reference to congregate services to elderly residents.

Subsec. (e). Pub. L. 96-399, Sec. 208(c), in par. (1) substituted

"A public housing agency or nonprofit corporation applying for

assistance to provide congregate services to nonelderly handicapped

residents shall consult with the appropriate agency" for "When

nonelderly handicapped individuals are included among the eligible

project residents, the public housing agency and nonprofit

corporation shall consult with the appropriate local agency", and

in par. (2) substituted "appropriate agency" for "appropriate local

agency".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8006 of this title.

-End-

-CITE-

42 USC Sec. 8005 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8005. Eligibility for services

-STATUTE-

(a) Professional assessment committee for determination of

eligibility

The identification of project residents eligible to participate

in a congregate services program assisted under this chapter, and

the designation of the services appropriate to their individual

functional abilities and needs, shall be made by a professional

assessment committee. Such committee shall utilize procedures which

insure that the process of determining eligibility of individuals

for services under this title shall accord such individuals fair

treatment and due process and a right of appeal of such

determination of eligibility, and shall also assure the

confidentiality of personal and medical records.

(b) Participation of other residents in meal services program

Other residents may participate in a congregate meal service

program assisted under this chapter if the local public housing

agency or nonprofit corporation determines that the participation

of these individuals will not adversely affect the

cost-effectiveness or operation of the program.

(c) Notification of change in membership of professional assessment

committee

Any public housing agency or nonprofit corporation receiving

assistance under this chapter shall notify the Secretary of any

change in the membership of the professional assessment committee

within thirty days of such change. Such notification shall list the

names and professional qualifications of new members of the

committee.

(d) Procedure for changes in membership of professional assessment

committee

Procedures shall be established to insure that changes in the

membership of the professional assessment committee are consistent

with the requirements of section 8002(7) of this title.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 406, Oct. 31, 1978, 92 Stat. 2107.)

-End-

-CITE-

42 USC Sec. 8006 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8006. Application procedure for assistance

-STATUTE-

(a) Matters included in application

An application for assistance under this chapter shall include -

(1) a plan specifying the types and priorities of the basic

services the public housing agency or nonprofit corporation

proposes to provide during the term of the contract; such plan

must be related to the needs and characteristics of the eligible

project residents and, to the maximum extent practicable, provide

for the changing needs and characteristics of all project

residents; such plan shall be determined after consultation with

eligible project residents and with the professional assessment

committee;

(2) a list of names and professional qualifications of the

members of the professional assessment committee;

(3) the fee schedule established pursuant to section 8004(h) of

this title;

(4) any comment received in connection with any review of a

proposed application pursuant to section 8004(d) or 8004(e)(2) of

this title; and

(5) a statement affirming (A) that the nonprofit corporation or

public housing agency has followed the consultation procedures

required in subsections (c), (d), and (e) of section 8004 of this

title, and (B) that such application complies with subsection (b)

of such section.

(b) Deadlines for submission of application

The Secretary shall establish appropriate deadlines for each

fiscal year for the submission of applications for funding under

this chapter and shall notify any public housing agency and

nonprofit corporation applying for assistance under this chapter of

acceptance or rejection of its application within ninety days of

such submission.

(c) Review of performance of services program prior to submission

of application for renewed funding

Within twelve months prior to the submission of an application

for renewed funding under this chapter, each nonprofit corporation

and public housing agency shall review the performance,

appropriateness, and fee schedules of their congregate services

program with eligible project residents and with the professional

assessment committee. The results of such review shall be included

in any application for renewal and shall be considered in the

development of the application for renewal by the nonprofit

corporation or public housing agency and in its evaluation by the

Secretary.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 407, Oct. 31, 1978, 92 Stat. 2108.)

-End-

-CITE-

42 USC Sec. 8007 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8007. Evaluation of applications and programs

-STATUTE-

(a) Application evaluations

In evaluating applications for assistance under this chapter, the

Secretary shall consider -

(1) the types and priorities of the basic services proposed to

be provided, and the relationship of such proposal to the needs

and characteristics of the eligible residents of the projects

where the services are to be provided;

(2) how quickly services will be established following approval

of the application;

(3) the degree to which local social services are adequate for

the purpose of assisting eligible project residents to maintain

independent living and avoid unnecessary institutionalization;

(4) the professional qualifications of the members of the

professional assessment committee; and

(5) the reasonableness of fee schedules established for each

congregate service.

(b) Program evaluations

In evaluating programs receiving assistance under this chapter,

the Secretary shall -

(1) establish procedures for the review and evaluation of the

performance of nonprofit corporations and public housing agencies

receiving assistance under this chapter, including provisions for

the submission of an annual report, by each such nonprofit

corporation and public housing agency, which evaluates the impact

and effectiveness of its congregate services program; and

(2) publish annually and submit to the Congress, a report on

and evaluation of the impact and effectiveness of congregate

services programs assisted under this chapter. Such report and

evaluation shall be based, in part, on the evaluations required

to be submitted pursuant to paragraph (1).

(c) Report to Congress

(1) The Secretary shall contract with a university or qualified

research institution to produce a report -

(A) documenting the number of elderly living in federally

assisted housing at risk of institutionalization;

(B) studying and comparing alternative delivery systems in the

States, including the congregate housing services program, to

provide services to older persons in assisted congregate housing;

(C) assessing existing and potential financial resources at the

Federal, State, and local levels for the support of congregate

housing services; and

(D) making legislative recommendations as to the feasibility of

permitting State housing agencies and other appropriate State

agencies to participate and operate the program on a matching

grant basis.

(2) The Secretary shall submit the report to the Congress not

later than September 30, 1988.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 408, Oct. 31, 1978, 92 Stat. 2108;

Pub. L. 98-181, title II, Sec. 224(a), Nov. 30, 1983, 97 Stat.

1191; Pub. L. 100-242, title I, Sec. 163(b), (c), Feb. 5, 1988, 101

Stat. 1860.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-242 added subsec. (c) and struck

out former subsec. (c) which required Secretary to prepare and

submit a report to Congress evaluating the congregate housing

services program, not later than March 15, 1984.

1983 - Subsec. (c). Pub. L. 98-181 added subsec. (c).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b)(2) of this section relating to submitting the annually

published report to Congress, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 8th item on page 106 of House Document No.

103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8008 of this title.

-End-

-CITE-

42 USC Sec. 8008 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8008. Funding procedures

-STATUTE-

(a) The Secretary shall establish procedures -

(1) to assure timely payments to nonprofit corporations and

public housing agencies for approved assisted congregate services

programs with provision made for advance funding sufficient to

meet necessary startup costs;

(2) to permit reallocation of funds approved for the

establishment of congregate services in existing public housing

projects and projects assisted under section 1701q of title 12 if

the services are not established within six months of the

notification date of funding approval;

(3) to assure that where such funding has been approved for the

establishment of congregate services for public housing projects

and projects assisted under section 1701q of title 12 under

construction or approved for construction, these services shall

be in place at the start of the project's occupancy by tenants

requiring such services for maintaining independent living;

(4) to establish accounting and other standards in order to

prevent any fraudulent or inappropriate use of funds under this

chapter; and

(5) to assure that no more than 1 per centum of the funds

appropriated under this chapter for any fiscal year may be used

by public housing agencies and nonprofit corporations for

evaluative purposes as required by section 8007(b)(1) of this

title.

(b) The Secretary shall establish a reserve fund, not to exceed

10 per centum of the funds appropriated in each fiscal year for the

provision of services under this chapter, in order to supplement

grants awarded to public housing agencies and nonprofit

corporations under this chapter when, in the determination of the

Secretary, such supplemental adjustments are required to maintain

adequate levels of services to eligible project residents.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 409, Oct. 31, 1978, 92 Stat. 2109.)

-End-

-CITE-

42 USC Sec. 8009 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8009. Miscellaneous provisions

-STATUTE-

(a) Utilization of elderly and permanently disabled adult persons

Each public housing agency and nonprofit corporation shall, to

the maximum extent practicable, utilize elderly and permanently

disabled adult persons who are residents of public housing projects

or projects assisted under section 1701q of title 12, but who are

not eligible project residents, to participate in providing the

services assisted under this chapter. Such persons shall be paid

wages which shall not be lower than whichever is the highest of -

(1) the minimum wage which would be applicable to the employee

under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et

seq.], if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)]

applied to the resident and if he or she were not exempt under

section 13 [29 U.S.C. 213] thereof;

(2) the State or local minimum wage for the most nearly

comparable covered employment; or

(3) the prevailing rates of pay for persons employed in similar

public occupations by the same employer.

(b) Tax treatment of services received

No service provided to a public housing resident or to a resident

of a housing project assisted under section 1701q of title 12 under

this chapter, except for wages paid under subsection (a) of this

section, may be treated as income for the purpose of any other

program or provision of State or Federal law.

(c) Individuals receiving aid considered residents of own household

Individuals receiving services assisted under this chapter shall

be deemed to be residents of their own households, and not to be

residents of a public institution, for the purpose of any other

program or provision of State or Federal law.

(d) Regulations

The Secretary may issue regulations to carry out the provisions

of this chapter.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 410, Oct. 31, 1978, 92 Stat. 2109.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see section 201 of Title 29 and Tables.

-End-

-CITE-

42 USC Sec. 8010 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8010. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated to carry out this

chapter $10,000,000 for each of the fiscal years 1988 and 1989.

(b) Sums appropriated pursuant to this section shall remain

available until expended.

-SOURCE-

(Pub. L. 95-557, title IV, Sec. 411, Oct. 31, 1978, 92 Stat. 2110;

Pub. L. 98-181, title II, Sec. 224(b), Nov. 30, 1983, 97 Stat.

1191; Pub. L. 98-479, title I, Sec. 102(f), Oct. 17, 1984, 98 Stat.

2222; Pub. L. 100-242, title I, Sec. 163(a), Feb. 5, 1988, 101

Stat. 1860.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-242 amended subsec. (a)

generally, substituting provisions authorizing appropriations to

carry out this chapter for fiscal years 1988 and 1989, for

provisions authorizing appropriations to carry out this chapter for

fiscal years 1979 through 1982, 1984, and 1985.

1984 - Subsec. (a)(4). Pub. L. 98-479 inserted a semicolon at

end.

1983 - Subsec. (a)(5), (6). Pub. L. 98-181 added pars. (5) and

(6).

-End-

-CITE-

42 USC Sec. 8011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8011. Revised congregate housing services program

-STATUTE-

(a) Findings and purposes

(1) Findings

The Congress finds that -

(A) the effective provision of congregate services may

require the redesign of units and buildings to meet the special

physical needs of the frail elderly persons and the creation of

congregate space to accommodate services that enhance

independent living;

(B) congregate housing, coordinated with the delivery of

supportive services, offers an innovative, proven, and

cost-effective means of enabling frail older persons and

persons with disabilities to maintain their dignity and

independence;

(C) independent living with assistance is a preferable

housing alternative to institutionalization for many frail

older persons and persons with disabilities;

(D) 365,000 persons in federally assisted housing experience

some form of frailty, and the number is expected to increase as

the general population ages;

(E) an estimated 20 to 30 percent of older adults living in

federally assisted housing experience some form of frailty;

(F) a large and growing number of frail elderly residents

face premature or unnecessary institutionalization because of

the absence of or deficiencies in the availability, adequacy,

coordination, or delivery of supportive services;

(G) the support service needs of frail residents of assisted

housing are beyond the resources and experience that housing

managers have for meeting such needs;

(H) supportive services would promote the invaluable option

of independent living for nonelderly persons with disabilities

in federally assisted housing;

(I) approximately 25 percent of congregate housing services

program sites provide congregate services to young individuals

with disabilities;

(J) to the extent that institutionalized older adults do not

need the full costly support provided by such care, public

moneys could be more effectively spent providing the necessary

services in a noninstitutional setting; and

(K) the Congregate Housing Services Program, established by

Congress in 1978, and similar programs providing in-home

services have been effective in preventing unnecessary

institutionalization and encouraging deinstitutionalization.

(2) Purposes

The purposes of this section are -

(A) to provide assistance to retrofit individual dwelling

units and renovate public and common areas in eligible housing

to meet the special physical needs of eligible residents;

(B) to create and rehabilitate congregate space in or

adjacent to such housing to accommodate supportive services

that enhance independent living;

(C) to improve the capacity of management to assess the

service needs of eligible residents, coordinate the provision

of supportive services that meet the needs of eligible

residents and ensure the long-term provision of such services;

(D) to provide services in federally assisted housing to

prevent premature and inappropriate institutionalization in a

manner that respects the dignity of the elderly and persons

with disabilities;

(E) to provide readily available and efficient supportive

services that provide a choice in supported living arrangements

by utilizing the services of an on-site coordinator, with

emphasis on maintaining a continuum of care for the vulnerable

elderly;

(F) to improve the quality of life of older Americans living

in federally assisted housing;

(G) to preserve the viability of existing affordable housing

projects for lower-income older residents who are aging in

place by assisting managers of such housing with the

difficulties and challenges created by serving older residents;

(H) to develop partnerships between the Federal Government

and State governments in providing services to the frail

elderly and persons with disabilities; and

(I) to utilize Federal and State funds in a more

cost-effective and humane way in serving the needs of older

adults.

(b) Contracts for congregate services programs

(1) In general

The Secretary of Housing and Urban Development and the

Secretary of Agriculture (through Administrator of the Farmers

Home Administration) shall enter into contracts with States,

Indian tribes, units of general local government and local

nonprofit housing sponsors, utilizing any amounts appropriated

under subsection (n) of this section -

(A) to provide congregate services programs for eligible

project residents to promote and encourage maximum independence

within a home environment for such residents capable of

self-care with appropriate supportive services; or

(B) to adapt housing to better accommodate the physical

requirements and service needs of eligible residents.

(2) Term of contracts

Each contract between the Secretary concerned and a State,

Indian tribe, or unit of general local government, or local

nonprofit housing sponsor, shall be for a term of 5 years and

shall be renewable at the expiration of the term, except as

otherwise provided in this section.

(c) Reservation of amounts

For each State, Indian tribe, unit of general local government,

and nonprofit housing sponsor, receiving a contract under this

subsection,(!1) the Secretary concerned shall reserve a sum equal

to the total approved contract amount from the amount authorized

and appropriated for the fiscal year in which the notification date

of funding approval occurs.

(d) Eligible activities

(1) In general

A congregate services program under this section shall provide

meal and other services for eligible project residents (and other

residents and nonresidents, as provided in subsection (e) of this

section), as provided in this section, that are coordinated on

site.

(2) Meal services

Congregate services programs assisted under this section shall

include meal service adequate to meet at least one-third of the

daily nutritional needs of eligible project residents, as

follows:

(A) Food stamps and agricultural commodities

In providing meal services under this paragraph, each

congregate services program -

(i) shall -

(I) apply for approval as a retail food store under

section 2018 of title 7; and

(II) if approved under such section, accept coupons (as

defined in section 2012(e) of title 7) as payment from

individuals to whom such meal services are provided; and

(ii) shall request, and use to provide such meal services,

agricultural commodities made available without charge by the

Secretary of Agriculture.

(B) Preference for nutrition providers

In contracting for or otherwise providing for meal services

under this paragraph, each congregate services program shall

give preference to any provider of meal services who -

(i) receives assistance under title III of the Older

Americans Act of 1965 [42 U.S.C. 3021 et seq.]; or

(ii) has experience, according to standards as the

Secretary shall require, in providing meal services in a

housing project under the Congregate Housing Services Act of

1978 [42 U.S.C. 8001 et seq.] or any other program for

congregate services.

(3) Retrofit and renovation

Assistance under this section may be provided with respect to

eligible housing for the elderly for -

(A) retrofitting of individual dwelling units to meet the

special physical needs of current or future residents who are

or are expected to be eligible residents, which retrofitting

may include -

(i) widening of doors to allow passage by persons with

disabilities in wheelchairs into and within units in the

project;

(ii) placement of light switches, electrical outlets,

thermostats and other environmental controls in accessible

locations;

(iii) installation of grab bars in bathrooms or the

placement of reinforcements in bathroom walls to allow later

installation of grab bars;

(iv) redesign of usable kitchens and bathrooms to permit a

person in a wheelchair to maneuver about the space; and

(v) such other features of adaptive design that the

Secretary finds are appropriate to meet the special needs of

such residents;

(B) such renovation as is necessary to ensure that public and

common areas are readily accessible to and usable by eligible

residents;

(C) renovation, conversion, or combination of vacant dwelling

units to create congregate space to accommodate the provision

of supportive services to eligible residents;

(D) renovation of existing congregate space to accommodate

the provision of supportive services to eligible residents; and

(E) construction or renovation of facilities to create

conveniently located congregate space to accommodate the

provision of supportive services to eligible residents.

For purposes of this paragraph, the term "congregate space" shall

include space for cafeterias or dining halls, community rooms or

buildings, workshops, adult day health facilities, or other

outpatient health facilities, or other essential service

facilities.

(4) Service coordinator

Assistance under this section may be provided with respect to

the employment of one or more individuals (hereinafter referred

to as "service coordinator") who may be responsible for -

(A) working with the professional assessment committee

established under subsection (f) (!2) of this section on an

ongoing basis to assess the service needs of eligible

residents;

(B) working with service providers and the professional

assessment committee to tailor the provision of services to the

needs and characteristics of eligible residents;

(C) mobilizing public and private resources to ensure that

the qualifying supportive services identified pursuant to

subsection (d) of this section can be funded over the time

period identified under such subsection;

(D) monitoring and evaluating the impact and effectiveness of

any supportive service program receiving capital or operating

assistance under this section; and

(E) performing such other duties and functions that the

Secretary deems appropriate to enable frail elderly persons

residing in federally assisted housing to live with dignity and

independence.

The Secretary shall establish such minimum qualifications and

standards for the position of service coordinator that the

Secretary deems necessary to ensure sound management. Such

qualifications and standards shall include requiring each service

coordinator to be trained in the aging process, elder services,

disability services, eligibility for and procedures of Federal

and applicable State entitlement programs, legal liability issues

relating to providing service coordination, drug and alcohol use

and abuse by the elderly, and mental health issues. The Secretary

may fund the employment of service coordinators by using amounts

appropriated under this section and by permitting owners to use

existing sources of funds, including excess project reserves.

(5) Other services

Congregate services programs assisted under this section may

include services for transportation, personal care, dressing,

bathing, toileting, housekeeping, chore assistance, nonmedical

counseling, assessment of the safety of housing units, group and

socialization activities, assistance with medications (in

accordance with any applicable State law), case management,

personal emergency response, and other services to prevent

premature and unnecessary institutionalization of eligible

project residents.

(6) Determination of needs

In determining the services to be provided to eligible project

residents under a congregate services program assisted under this

section, the program shall provide for consideration of the needs

and wants of eligible project residents.

(7) Fees

(A) Eligible project residents

The owner of each eligible housing project shall establish

fees for meals and other services provided under a congregate

services program to eligible project residents, which shall be

sufficient to provide 10 percent of the costs of the services

provided. The Secretary concerned shall provide for the waiver

of fees under this paragraph for individuals whose incomes are

insufficient to provide for any payment. The fees for meals

shall be in the following amounts:

(i) Full meal services

The fees for residents receiving more than 1 meal per day,

7 days per week, shall be reasonable and shall equal between

10 and 20 percent of the adjusted income of the project

resident (as such income is determined under section 3(b) of

the United States Housing Act of 1937 [42 U.S.C. 1437a(b)]),

or the cost of providing the services, whichever is less.

(ii) Less than full meal services

The fees for residents receiving meal services less

frequently than as described in the preceding sentence shall

be in an amount equal to 10 percent of such adjusted income

of the project resident or the cost of providing the

services, whichever is less.

(B) Other residents and nonresidents

Fees shall be established under this paragraph for residents

of eligible housing projects (other than eligible project

residents) and for nonresidents that receive services from a

congregate services program pursuant to subsection (e) of this

section. Such fees shall be in an amount equal to the cost of

providing the services.

(8) Direct and indirect provision of services

Any State, Indian tribe, unit of general local government, or

nonprofit housing sponsor that receives assistance under this

section may provide congregate services directly to eligible

project residents or may, by contract or lease, provide such

services through other appropriate agencies or providers.

(e) Eligibility for services

(1) Eligible project residents

Any eligible resident who is a resident of an eligible housing

project (or who with deinstitutionalization and appropriate

supportive services under this section could become a resident of

eligible federally assisted housing) shall be eligible for

services under a congregate services program assisted under this

section.

(2) Economic need

In providing services under a congregate services program, the

program shall give consideration to serving eligible project

residents with the greatest economic need.

(3) Identification

(A) In general

A professional assessment committee under subparagraph (B)

shall identify eligible project residents under paragraph (1)

and shall designate services appropriate to the functional

abilities and needs of each eligible project resident. The

committee shall utilize procedures that ensure that the process

of determining eligibility of individuals for congregate

services shall accord such individuals fair treatment and due

process and a right of appeal of the determination of

eligibility, and shall also ensure the confidentiality of

personal and medical records.

(B) Professional assessment committee

A professional assessment committee under this section shall

consist of not less than 3 individuals, who shall be appointed

to the committee by the officials of the eligible housing

project responsible for the congregate services program, and

shall include qualified medical and other health and social

services professionals competent to appraise the functional

abilities of the frail elderly and persons with disabilities in

relation to the performance of tasks of daily living.

(4) Eligibility of other residents

The elderly and persons with disabilities who reside in an

eligible housing project other than eligible project residents

under paragraph (1) may receive services from a congregate

services program under this section if the housing managers,

congregate service coordinators, and the professional assessment

committee jointly determine that the participation of such

individuals will not negatively affect the provision of services

to eligible project residents. Residents eligible for services

under this paragraph shall pay fees as provided under subsection

(d) of this section.

(5) Eligibility of nonresidents

The Secretary may permit the provision of services to elderly

persons and persons with disabilities who are not residents if

the participation of such persons will not adversely affect the

cost-effectiveness or operation of the program or add

significantly to the need for assistance under this section.

(f) Eligible contract recipients and distribution of assistance

The Secretary concerned may provide assistance under this section

and enter into contracts under subsection (b) of this section with

-

(1) owners of eligible housing;

(2) States that submit applications in behalf of owners of

eligible housing; and

(3) Indian tribes and units of general local government that

submit applications on behalf of owners of eligible housing.

(g) Applications

The funds made available under this section shall be allocated by

the Secretary among approvable applications submitted by or on

behalf of owners. Applications for assistance under this section

shall be submitted in such form and in accordance with such

procedures as the Secretary shall establish. Applications for

assistance shall contain -

(1) a description of the type of assistance the applicant is

applying for;

(2) in the case of an application involving rehabilitation or

retrofit, a description of the activities to be carried out, the

number of elderly persons to be served, the costs of such

activities, and evidence of a commitment for the services to be

associated with the project;

(3) a description of qualifying supportive services that can

reasonably be expected to be made available to eligible residents

over a 5-year period;

(4) a firm commitment from one or more sources of assistance

ensuring that some or all of the qualifying supportive services

identified under paragraph (3) will be provided for not less than

1 year following the completion of activities assisted under

subsection (d) of this section;

(5) a description of public or private sources of assistance

that are likely to fund or provide qualifying supportive

services, including evidence of any intention to provide

assistance expressed by State and local governments, private

foundations, and other organizations (including for-profit and

nonprofit organizations);

(6) a certifications (!3) from the appropriate State or local

agency (as determined by the Secretary) that -

(A) the provision of the qualifying supportive services

identified under paragraph (3) will enable eligible residents

to live independently and avoid unnecessary

institutionalization,

(B) there is a reasonable likelihood that such services will

be funded or provided for the entire period specified under

paragraph (3), and

(C) the agency and the applicant will, during the term of the

contract, actively seek assistance for such services from other

sources;

(7) a description of any fees that would be established

pursuant to subsection (d) of this section; and

(8) such other information or certifications that the Secretary

determines to be necessary or appropriate to achieve the purposes

of this section.

The Secretary shall act on each application within 60 days of its

submission.

(h) Selection and evaluation of applications and programs

(1) In general

Each Secretary concerned shall establish criteria for selecting

States, Indian tribes, units of general local government, and

local nonprofit housing sponsors to receive assistance under this

section, and shall select such entities to receive assistance.

The criteria for selection shall include consideration of -

(A) the extent to which the activities described in

subsection (d)(3) of this section will foster independent

living and the provision of such services;

(B) the types and priorities of the basic services proposed

to be provided, the appropriateness of the targeting of

services, the methods of providing for deinstitutionalized

older individuals and individuals with disabilities, and the

relationship of the proposal to the needs and characteristics

of the eligible residents of the projects where the services

are to be provided;

(C) the schedule for establishment of services following

approval of the application;

(D) the degree to which local social services are adequate

for the purpose of assisting eligible project residents to

maintain independent living and avoid unnecessary

institutionalization;

(E) the professional qualifications of the members of the

professional assessment committee;

(F) the reasonableness and application of fees schedules

established for congregate services;

(G) the adequacy and accuracy of the proposed budgets; and

(H) the extent to which the owner will provide funds from

other services in excess of that required by this section.

(2) Evaluation of provision of congregate services programs

The Secretary of Housing and Urban Development and the

Secretary of Agriculture shall, by regulation under subsection

(n) (!4) of this section, establish procedures for States, Indian

tribes, and units of general local government receiving

assistance under this section -

(A) to review and evaluate the performance of the congregate

services programs of eligible housing projects receiving

assistance under this section in such State; and

(B) to submit annually, to the Secretary concerned, a report

evaluating the impact and effectiveness of congregate services

programs in the entity assisted under this section.

(i) Congregate services program funding

(1) Cost distribution

(A) Contribution requirement

In providing contracts under subsection (b) of this section,

each Secretary concerned shall provide for the cost of

providing the congregate services program assisted under this

section to be distributed as follows:

(i) Each State, Indian tribe, unit of general (!5)

government, or nonprofit housing sponsor that receives

amounts under a contract under subsection (b) of this section

shall supplement any such amount with amounts sufficient to

provide 50 percent of the cost of providing the congregate

services program. Any monetary or in-kind contributions

received by a congregate services program under the

Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et

seq.] may be considered for purposes of fulfilling the

requirement under this clause. The Secretary concerned shall

encourage owners to use excess residual receipts to the

extent available to supplement funds for retrofit and

supportive services under this section.

(ii) The Secretary concerned shall provide 40 percent of

the cost, with amounts under contracts under subsection (b)

of this section.

(iii) Fees under subsection (d)(7) of this section shall

provide 10 percent of the cost.

(B) Exceptions

(i) For any congregate services program that was receiving

assistance under a contract under the Congregate Housing

Services Act of 1978 [42 U.S.C. 8001 et seq.] on November 28,

1990,(!6) the unit of general local government or nonprofit

housing sponsor, in coordination with a local government with

respect to such program shall not be subject to the requirement

to provide supplemental contributions under subparagraph (A)(i)

(for such program) for the 6-year period beginning on the

expiration of the contract for such assistance. The Secretary

concerned shall require each such program to maintain, for such

6-year period, the same dollar amount of annual contributions

in support of the services eligible for assistance under this

section as were contributed to such program during the year

preceding November 28, 1990.(!6)

(ii) To the extent that the limitations under subsection

(d)(7) of this section regarding the percentage of income

eligible residents may pay for services will result in

collected fees for any congregate services program of less than

10 percent of the cost of providing the program, 50 percent of

such remaining costs shall be provided by the recipient of

amounts under the contract and 50 percent of such remaining

costs shall be provided by the Secretary concerned under such

contract.

(C) Eligible supplemental contributions

If provided by the State, Indian tribe, unit of general local

government, or local nonprofit housing sponsor, any salary paid

to staff from governmental sources to carry out the program of

the recipient and salary paid to residents employed by the

program (other than from amounts under a contract under

subsection (b) of this section), and any other in-kind

contributions from governmental sources shall be considered as

supplemental contributions for purposes of meeting the

supplemental contribution requirement under subparagraph

(A)(i), except that the amount of in-kind contributions

considered for purposes of fulfilling such contribution

requirement may not exceed 10 percent of the total amount to be

provided by the State, Indian tribe, local government, or local

nonprofit housing sponsor.

(D) Prohibition of substitution of funds

The Secretary concerned shall require each State, Indian

tribe, unit of general local government, and local nonprofit

housing sponsor, that receives assistance under this section to

maintain the same dollar amount of annual contribution that

such State, Indian tribe, local government, or sponsor was

making, if any, in support of services eligible for assistance

under this section before the date of the submission of the

application for such assistance.

(E) Limitation

For purposes of complying with the requirement under

subparagraph (A)(i), the appropriate Secretary concerned may

not consider any amounts contributed or provided by any local

government to any State receiving assistance under this section

that exceed 10 percent of the amount required of the State

under subparagraph (A)(i).

(2) Consultation

The Secretary shall consult with the Secretary of Health and

Human Services regarding the availability of assistance from

other Federal programs to support services under this section and

shall make information available to applicants for assistance

under this section.

(j) Miscellaneous provisions

(1) Use of residents in providing services

Each housing project that receives assistance under this

section shall, to the maximum extent practicable, utilize the

elderly and persons with disabilities who are residents of the

housing project, but who are not eligible project residents, to

participate in providing the services provided under congregate

services programs under this section. Such individuals shall be

paid wages that shall not be lower than the higher of -

(A) the minimum wage that would be applicable to the employee

under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et

seq.], if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)]

applied to the resident and if the resident were not exempt

under section 13 of such Act [29 U.S.C. 213];

(B) the State of (!7) local minimum wage for the most nearly

comparable covered employment; or

(C) the prevailing rates of pay for persons employed in

similar public occupations by the same employer.

(2) Effect of services

Except for wages paid under paragraph (1) of this subsection,

services provided to a resident of an eligible housing project

under a congregate services program under this section may not be

considered as income for the purpose of determining eligibility

for or the amount of assistance or aid furnished under any

Federal, federally assisted, or State program based on need.

(3) Eligibility and priority for 1978 Act recipients

Notwithstanding any other provision of this section, any public

housing agency, housing assisted under section 1701q of title 12,

or nonprofit corporation that was receiving assistance under a

contract under the Congregate Housing Services Act of 1978 [42

U.S.C. 8001 et seq.] on November 5, 1990,(!8) shall (subject to

approval and allocation of sufficient amounts under the

Congregate Housing Services Act of 1978 and appropriations Acts

under such Act) receive assistance under the Congregate Housing

Services Act of 1978 for the remainder of the term of the

contract for assistance for such agency or corporation under such

Act, and shall receive priority for assistance under this section

after the expiration of such period.

(4) Administrative cost limitation

A recipient of assistance under this section may not use more

than 10 percent of the sum of such assistance and the

contribution amounts required under subsection (i)(1)(A)(i) of

this section for administrative costs and shall ensure that any

entity to which the recipient distributes amounts from such sum

may not expend more than a reasonable amount from such

distributed amounts for administrative costs. Administrative

costs may not include any capital expenses.

(k) Definitions

For purposes of this section:

(1) The term "activity of daily living" means an activity

regularly necessary for personal care and includes bathing,

dressing, eating, getting in and out of bed and chairs, walking,

going outdoors, and using the toilet.

(2) The term "case management" means assessment of the needs of

a resident, ensuring access to and coordination of services for

the resident, monitoring delivery of services to the resident,

and periodic reassessment to ensure that services provided are

appropriate to the needs and wants of the resident.

(3) The term "congregate housing" means low-rent housing that

is connected to a central dining facility where wholesome and

economical meals can be served to the residents.

(4) The term "congregate services" means services described in

subsection (d) of this section.

(5) The term "congregate services program" means a program

assisted under this section undertaken by an eligible housing

project to provide congregate services to eligible residents.

(6) The term "eligible housing project" means -

(A) public housing (as such term is defined in section 3(b)

of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)])

and lower income housing developed or operated pursuant to a

contract between the Secretary of Housing and Urban Development

and an Indian housing authority under title II (!9) of the

United States Housing Act of 1937;

(B) housing assisted under section 8 of the United States

Housing Act of 1937 [42 U.S.C. 1437f] with a contract that is

attached to the structure under subsection (d)(2) of such

section or with a contract entered into in connection with the

new construction or moderate rehabilitation of the structure

under section 8(b)(2) of the United States Housing Act,(!9) as

such section existed before October 1, 1983;

(C) housing assisted under section 1701q of title 12;

(D) housing assisted under section 1715l(d) or 1715z-1 of

title 12, with respect to which the owner has made a binding

commitment to the Secretary of Housing and Urban Development

not to prepay the mortgage or terminate the insurance contract

under section 1715t of title 12 (unless the binding commitments

have been made to extend the low-income use restrictions

relating to such housing for the remaining useful life of the

housing);

(E) housing assisted under section 1484 or 1485 of this

title, with respect to which the owner has made a binding

commitment to the Secretary of Agriculture not to prepay or

refinance the mortgage (unless the binding commitments have

been made to extend the low-income use restrictions relating to

such housing for not less than the 20-year period under section

1472(c)(4) of this title); and

(F) housing assisted under section 1486 of this title.

(7) The term "eligible resident" means a person residing in

eligible housing for the elderly who qualifies under the

definition of frail elderly, person with disabilities (regardless

of whether the person is elderly), or temporarily disabled.

(8) The term "frail elderly" means an elderly person who is

unable to perform at least 3 activities of daily living adopted

by the Secretary for purposes of this program. Owners may

establish additional eligibility requirements (acceptable to the

Secretary) based on the standards in local supportive services

programs.

(9) The term "Indian tribe" means any Indian tribe, band,

nation, or other organized group or community, including any

Alaska Native village or regional corporation as defined in or

established pursuant to the Alaska Native Claims Settlement Act

[43 U.S.C. 1601 et seq.], that is recognized as eligible for the

special programs and services provided by the United States to

Indians because of their status as Indians.

(10) The term "instrumental activity of daily living" means a

regularly necessary home management activity and includes

preparing meals, shopping for personal items, managing money,

using the telephone, and performing light or heavy housework.

(11) The term "local nonprofit housing sponsor" includes public

housing agencies (as such term is defined in section 3(b)(6) of

the United States Housing Act of 1937 [42 U.S.C.

1437a(b)(6)].(!10)

(12) The term "nonprofit", as applied to an organization, means

no part of the net earnings of the organization inures, or may

lawfully inure, to the benefit of any private shareholder or

individual.

(13) The term "elderly person" means a person who is at least

62 years of age.

(14) The term "person with disabilities" has the meaning given

the term by section 8013 of this title.

(15) The term "professional assessment committee" means a

committee established under subsection (e)(3)(B) of this section.

(16) The term "qualifying supportive services" means new or

significantly expanded services that the Secretary deems

essential to enable eligible residents to live independently and

avoid unnecessary institutionalization. Such services may include

but not be limited to (A) meal service adequate to meet

nutritional need; (B) housekeeping aid; (C) personal assistance

(which may include, but is not limited to, aid given to eligible

residents in grooming, dressing, and other activities which

maintain personal appearance and hygiene); (D) transportation

services; (E) health-related services; and (F) personal emergency

response systems; the owner may provide the qualifying services

directly to eligible residents or may, by contract or lease,

provide such services through other appropriate agencies or

providers.

(17) The term "Secretary concerned" means -

(A) the Secretary of Housing and Urban Development, with

respect to eligible federally assisted housing administered by

such Secretary; and

(B) the Secretary of Agriculture, with respect to eligible

federally assisted housing administered by the Administrator of

the Farmers Home Administration.

(18) The term "State" means the States of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, Guam, the Virgin

Islands, American Samoa, the Trust Territory of the Pacific

Islands, and any other territory or possession of the United

States.

(19) The term "temporarily disabled" means having an impairment

that -

(A) is expected to be of no more than 6 months duration; and

(B) impedes the ability of the individual to live

independently unless the individual receives congregate

services.

(20) The term "unit of general local government" -

(A) means any city, town, township, county, parish, village,

or other general purpose political subdivision of a State; and

(B) includes a unit of general government acting as an

applicant for assistance under this section in cooperation with

a nonprofit housing sponsor and a nonprofit housing sponsor

acting as an applicant for assistance under this section in

cooperation with a unit of general local government, as

provided under subsection (g)(1)(B) (!11) of this section.

(l) Reports to Congress

(1) In general

Each Secretary concerned shall submit to the Congress, for each

fiscal year for which assistance is provided for congregate

services programs under this section, an annual report -

(A) describing the activities being carried out with

assistance under this section and the population being served

by such activities;

(B) evaluating the effectiveness of the program of providing

assistance for congregate services under this section, and a

comparison of the effectiveness of the program under this

section with the HOPE for Elderly Independence Program under

section 8012 of this title; and

(C) containing any other information that the Secretary

concerned considers helpful to the Congress in evaluating the

effectiveness of this section.

(2) Submission of data to Secretary concerned

The Secretary of Housing and Urban Development and the

Secretary of Agriculture shall provide, by regulation under

subsection (m) of this section, for the submission of data by

recipients of assistance under this section to be used in the

repeat (!12) required by paragraph (1).

(m) Regulations

The Secretary of Housing and Urban Development and the Secretary

of Agriculture shall, not later than the expiration of the 180-day

period beginning on November 28, 1990, jointly issue any

regulations necessary to carry out this section.

(n) Authorization of appropriations

(1) Authorization and use

There are authorized to be appropriated to carry out this

section $21,000,000 for fiscal year 1993, and $21,882,000 for

fiscal year 1994, of which not more than -

(A) the amount of such sums appropriated that, with respect

to the total amount appropriated, represents the ratio of the

total number of units of eligible federally assisted housing

for elderly individuals assisted by programs administered by

the Secretary of Housing and Urban Development to the total

number of units assisted by programs administered by such

Secretary and the Secretary of Agriculture, shall be used for

assistance for congregate services programs in eligible

federally assisted housing administered by the Secretary of

Housing and Urban Development: (!13) and

(B) the amount of such sums appropriated that, with respect

to the total amount appropriated, represents the ratio of the

total number of units of eligible federally assisted housing

for elderly individuals assisted by programs administered by

the Secretary of Agriculture to the total number of units

assisted by programs administered by such Secretary and the

Secretary of Housing and Urban Development, shall be used for

assistance for congregate services programs in eligible

federally assisted housing administered by the Secretary of

Agriculture (through the Administrator of the Farmers Home

Administration).

(2) Availability

Any amounts appropriated under this subsection shall remain

available until expended.

(o) Reserve fund

The Secretary may reserve not more than 5 percent of the amounts

made available in each fiscal year to supplement grants awarded to

owners under this section when, in the determination of the

Secretary, such supplemental adjustments are required to maintain

adequate levels of services to eligible residents.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 802, Nov. 28, 1990, 104 Stat.

4304; Pub. L. 102-550, title VI, Secs. 604(a), (b), 672, Oct. 28,

1992, 106 Stat. 3805, 3826.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in subsec.

(d)(2)(B)(i), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended. Title III of the Act is classified generally to subchapter

III (Sec. 3021 et seq.) of chapter 35 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3001 of Title 42 and Tables.

The Congregate Housing Services Act of 1978, referred to in

subsecs. (d)(2)(B)(ii), (i)(1)(A)(i), (B)(i), and (j)(3), is title

IV of Pub. L. 95-557, Oct. 31, 1978, 92 Stat. 2104, as amended,

which is classified principally to this chapter (Sec. 8001 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 8001 of this title and

Tables.

The Fair Labor Standards Act of 1938, referred to in subsec.

(j)(1)(A), is act June 25, 1938, ch. 676, 52 Stat. 1060, as

amended, which is classified principally to chapter 8 (Sec. 201 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see section 201 of Title 29 and Tables.

The United States Housing Act of 1937, referred to in subsec.

(k)(6)(A), is act Sept. 1, 1937, ch. 896, as revised generally by

Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

and amended. Title II of the Act, which was classified generally to

subchapter II (Sec. 1437aa et seq.) of chapter 8 of this title, was

repealed by Pub. L. 104-330, title V, Sec. 501(a), Oct. 26, 1996,

110 Stat. 4041. For complete classification of this Act to the

Code, see Short title note set out under section 1437 of this title

and Tables.

Section 8(b)(2) of the United States Housing Act, referred to in

subsec. (k)(6)(B), probably means section 8(b)(2) of the United

States Housing Act of 1937, which was classified to section

1437f(b)(2) of this title and was repealed by Pub. L. 98-181, title

II, Sec. 209(a)(2), Nov. 30, 1983, 97 Stat. 1183.

The Alaska Native Claims Settlement Act, referred to in subsec.

(k)(9), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Cranston-Gonzalez National

Affordable Housing Act, and not as part of the Congregate Housing

Services Act of 1978 which comprises this chapter.

Section is comprised of section 802 of Pub. L. 101-625. Subsec.

(p) of section 802 of Pub. L. 101-625 amended section 1437g of this

title.

November 28, 1990, referred to in subsecs. (i)(1)(B)(i) and (m),

was in the original "the date of the enactment of this Act" and

November 5, 1990, referred to in subsec. (j)(3), was in the

original "the date of the enactment of this section", see Effective

Date note below.

-MISC1-

AMENDMENTS

1992 - Subsec. (d)(4). Pub. L. 102-550, Sec. 672, inserted after

first sentence of concluding provisions "Such qualifications and

standards shall include requiring each service coordinator to be

trained in the aging process, elder services, disability services,

eligibility for and procedures of Federal and applicable State

entitlement programs, legal liability issues relating to providing

service coordination, drug and alcohol use and abuse by the

elderly, and mental health issues."

Subsec. (i)(1)(B)(i). Pub. L. 102-550, Sec. 604(b), substituted

"6-year" for "3-year" in two places.

Subsec. (n)(1). Pub. L. 102-550, Sec. 604(a), in introductory

provisions, substituted provisions authorizing appropriations for

fiscal years 1993 and 1994 for provisions authorizing

appropriations of $25,000,000 for fiscal year 1991 and $26,100,000

for fiscal year 1992.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by subtitles B through F of title VI [Secs. 621-685] of

Pub. L. 102-550 applicable upon expiration of 6-month period

beginning Oct. 28, 1992, except as otherwise provided, see section

13642 of this title.

EFFECTIVE DATE

This section was enacted as part of Pub. L. 101-625, which was

approved Nov. 28, 1990. However, this section was deemed enacted as

of Nov. 5, 1990, by Pub. L. 101-507, title II, Nov. 5, 1990, 104

Stat. 1358, set out as an Effective Date of 1990 Amendment note

under section 1701q of Title 12, Banks and Banking.

REGULATIONS

Section 604(c) of Pub. L. 102-550 provided that:

"(1) Interim regulations. - Not later than the expiration of the

30-day period beginning on the date of the enactment of this Act

[Oct. 28, 1992], the Secretary of Housing and Urban Development and

the Secretary of Agriculture shall submit to the Congress a copy of

proposed interim regulations implementing section 802 of the

Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 8011]

with respect to eligible federally assisted housing (as such term

is defined in section 802(k) of such Act) administered by each such

Secretary. Not later than the expiration of the 45-day period

beginning on the date of the enactment of this Act, but not before

the expiration of the 15-day period beginning upon the submission

of the proposed interim regulations to the Congress, each such

Secretary shall publish interim regulations implementing such

section 802, which shall take effect upon publication.

"(2) Final regulations. - Not later than the expiration of the

90-day period beginning upon the publication of interim regulations

under paragraph (1), each such Secretary shall issue final

regulations implementing section 802 of the Cranston-Gonzalez

National Affordable Housing Act after notice and opportunity for

public comment regarding the interim regulations, pursuant to the

provisions of section 553 of title 5, United States Code

(notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such

section). The duration of the period for public comment under such

section 553 shall be not less than 60 days, and the final

regulations shall take effect upon issuance.

"(3) Failure under 1990 act. - This subsection may not be

construed to authorize any failure to comply with the requirements

of section 802(m) of the Cranston-Gonzalez National Affordable

Housing Act."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1485, 13631 of this

title; title 12 section 1715w.

-FOOTNOTE-

(!1) So in original. Probably should be "section,".

(!2) So in original. Probably should be subsection "(e)".

(!3) So in original. Probably should be "certification".

(!4) So in original. Probably should be subsection "(m)".

(!5) So in original. Probably should be "general local".

(!6) See Codification note below.

(!7) So in original. Probably should be "or".

(!8) See Codification note below.

(!9) See References in Text note below.

(!10) So in original. Probably should be preceded by a closing

parenthesis.

(!11) So in original. Probably should be subsection "(h)(1)(B)".

(!12) So in original. Probably should be "report".

(!13) So in original. The colon probably should be a semicolon.

-End-

-CITE-

42 USC Sec. 8012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8012. Hope for elderly independence

-STATUTE-

(a) Purpose

The purpose of this section is to establish a demonstration

program to test the effectiveness of combining housing certificates

and vouchers with supportive services to assist frail elderly

persons to continue to live independently. The demonstration

program under this section shall terminate upon the expiration of

the 5-year period determined by the Secretary.

(b) Housing assistance

In connection with this demonstration, the Secretary of Housing

and Urban Development may enter into contracts with public housing

agencies to provide not more than 1,500 incremental vouchers and

certificates under sections 1437f(b) and 1437f(o) of this title. A

public housing agency may not require that a frail elderly person

live in a particular structure or unit, but the agency may restrict

the program under this section to a geographic area, where

necessary to ensure that the provision of supportive services is

feasible. At the end of the demonstration period, the public

housing agency shall give each frail elderly person the option to

continue to receive assistance under the housing certificate or

voucher program of the agency. In the demonstration, the Secretary

may also provide for supportive services in connection with

existing contracts for housing assistance under sections 1437f(b)

and 1437f(o) of this title.

(c) Supportive services requirements and matching funding

(1) Federal, PHA and,(!1) individual contributions

The amount estimated by the public housing agency and approved

by the Secretary as necessary to provide the supportive services

for the demonstration period shall be funded as follows:

(A) The Secretary shall provide 40 percent, using amounts

appropriated under this section.

(B) The public housing agency shall ensure the provision of

at least 50 percent from sources other than under this section.

(C) Notwithstanding any other provision of law, each frail

elderly person shall pay 10 percent of the costs of the

supportive services that the person receives, except that a

frail elderly person may not be required to pay an amount that

exceeds 20 percent of the adjusted income (as the term is

defined in section 1437a(b)(5) of this title) of such person

and the Secretary shall provide for the waiver of the

requirement to pay costs under this subparagraph for persons

whose income is determined to be insufficient to provide for

any payment.

(D) To the extent that the limitation under subparagraph (C)

regarding the percentage of income frail elderly persons may

pay for services will result in collected amounts for any

public housing agency of less than 10 percent of the cost of

providing the services, 50 percent of such remaining costs

shall be provided by the public housing agency and 50 percent

of such remaining costs shall be provided by the Secretary from

amounts appropriated under this section.

(2) Provision of services for entire demonstration

Each public housing agency shall ensure that supportive

services appropriate to the needs of the frail elderly persons to

be served under this demonstration are provided throughout the

demonstration period. Expenditures for supportive services need

not be made in equal amounts for each year, but may vary

depending on the needs of the frail elderly persons assisted

under this section. A public housing agency may use up to 20

percent of the Federal assistance provided for supportive

services in each year of this demonstration and any amounts from

any prior year in which the public housing agency did not use 20

percent of the available Federal assistance.

(3) Calculation of match

In determining compliance with paragraph (1)(B), an agency may

include the value of such items as the Secretary determines to be

appropriate, which may include the salary paid to staff to

provide supportive services, if such items have a readily

discernible market value.

(d) Applications

An application under this section shall be submitted by a public

housing agency in such form and in accordance with such procedures

as the Secretary shall establish. The Secretary shall require that

an application contain at a minimum -

(1) an application for housing assistance under section 1437f

of this title, if necessary, and a description of any such

assistance already made available that will be used in the

demonstration;

(2) a description of the size and characteristics of the

population of frail elderly persons and of their housing and

supportive services needs;

(3) a description of the proposed method of determining whether

a person qualifies as a frail elderly person (specifying any

additional eligibility requirements proposed by the agency), and

of selecting frail elderly persons to participate;

(4) a statement that the public housing agency will create a

professional assessment committee or will work with another

entity which will assist the public housing agency in identifying

and providing only services that each frail elderly person needs

to remain living independently;

(5) a description of the mechanisms for developing housing and

supportive services plans for each person and for monitoring the

person's progress in meeting that plan;

(6) the identity of the proposed service providers and a

statement of qualifications;

(7) a description of the supportive services the public housing

agency proposes to make available for the frail elderly persons

to be served, the estimated costs of such services, a description

of the resources that are expected to be made available to cover

the portion of the costs required by subsection (c)(1) of this

section;

(8) assurances satisfactory to the Secretary that the

supportive services will be provided for the demonstration

period;

(9) the plan for coordinating the provision of housing

assistance and supportive services;

(10) a description of how the public housing agency will ensure

that the service providers are providing supportive services, at

a reasonable cost, adequate to meet the needs of the persons to

be served;

(11) a plan for continuing supportive services to frail elderly

persons that continue to receive housing assistance under section

1437f of this title after the end of the demonstration period;

and

(12) a statement that the application has been developed in

consultation with the area agency on aging under title III of the

Older Americans Act of 1965 [42 U.S.C. 3021 et seq.] and that the

public housing agency will periodically consult with the area

agency during the demonstration.

(e) Selection

(1) Criteria

The Secretary shall establish selection criteria for a national

competition for assistance under this section, which shall

include -

(A) the ability of the public housing agency to develop and

operate the proposed housing assistance and supportive services

program;

(B) the need for a program providing both housing assistance

and supportive services for frail elderly persons in the area

to be served;

(C) the quality of the proposed program for providing

supportive services;

(D) the extent to which the proposed funding for the

supportive services is or will be available;

(E) the extent to which the program would meet the needs of

the frail elderly persons proposed to be served by the program;

and

(F) such other factors as the Secretary specifies to be

appropriate for purposes of carrying out the demonstration

program established by this section in an effective and

efficient manner.

(2) Consultation with HHS

In reviewing the applications, the Secretary shall consult with

the Secretary of Health and Human Services with respect to the

supportive services aspects.

(3) Funding limitations

No more than 10 percent of the assistance made available under

this section may be used for programs located within any one unit

of general local government.

(f) Required agreements

The Secretary may not approve any assistance for any program

under this section unless the public housing agency agrees -

(1) to operate the proposed program in accordance with the

program requirements established by the Secretary;

(2) to conduct an ongoing assessment of the housing assistance

and supportive services required by each frail elderly person

participating in the program;

(3) to ensure the adequate provision of supportive services, at

a reasonable cost, to each frail elderly person participating in

the program; and

(4) to comply with such other terms and conditions as the

Secretary may establish for purposes of carrying out the program

in an effective and efficient manner.

(g) Definitions

For purposes of this section:

(1) The term "demonstration period" means the 5-year period

referred to in subsection (a) of this section.

(2) The term "elderly person" means a person who is at least 62

years of age.

(3) The term "frail elderly person" means an elderly person who

is unable to perform at least 3 activities of daily living

adopted by the Secretary for purposes of this program. Owners may

establish additional eligibility requirements (acceptable to the

Secretary) based on the standards in local supportive services

programs.

(4) The term "professional assessment committee" means a group

of at least 3 persons appointed by a public housing agency which

shall include at least 1 qualified medical professional and other

persons professionally competent to appraise the functional

abilities of the frail elderly in relation to the performance of

activities of daily living.

(5) The term "public housing agency" has the meaning given such

term in section 1437a(b)(6) of this title. The term includes an

Indian Housing Authority, as defined in section 1437a(b)(11) (!2)

of this title.

(6) The term "Secretary" means the Secretary of Housing and

Urban Development.

(7) The term "supportive services" -

(A) means assistance, that the Secretary determines -

(i) addresses the special needs of frail elderly persons;

and

(ii) provides appropriate supportive services or assists

such persons in obtaining appropriate services, including

personal care, case management services, transportation, meal

services, counseling, supervision, and other services

essential for achieving and maintaining independent living;

and

(B) does not include medical services, as determined by the

Secretary.

(h) Multifamily project demonstration

(1) In general

In addition to the demonstration program authorized by the

preceding provisions of this section, the Secretary shall conduct

a demonstration in one Federal region, subject to the terms and

conditions of this subsection, to determine the feasibility of

using housing assistance under section 1437f of this title to

assist elderly persons who may become frail to live independently

in housing specifically designed for occupancy by such persons in

sufficient proportion to achieve economies of scale in the

provision of services and facilities.

(2) Section 1437f allocation

From amounts provided pursuant to subsection (j) of this

section and subject to availability in appropriation Acts, the

Secretary shall enter into a contract with a public housing

agency to provide housing assistance under section 1437f(b) of

this title to assist elderly persons in at least 75 percent of

the units in a single housing project with more than 100 units.

(3) Section 1437f terms

The assistance payment contract under section 1437f of this

title shall be attached to the structure and shall be in an

initial term of 5 years. The contract shall (at the option of the

public housing agency and subject to availability of amounts

approved in appropriations Acts) be renewable for 3 additional

5-year terms. Rents for units in the project assisted pursuant to

this subsection shall be subject to the rent limitations in

effect for the area under section 1437f of this title for

projects for the elderly receiving loans under section 1701q of

title 12.

(4) Supportive services

The Secretary shall allocate, for the project assisted pursuant

to this subsection, a reasonable portion of the amounts

appropriated pursuant to the authorization for funds for

supportive services in subsection (k) of this section, based on

the estimated number of project residents who will be frail

elderly individuals during the 5-year period beginning on the

date of initial occupancy of the project. Grants for supportive

services may be used to assist any occupant in the demonstration

project who is a frail elderly individual. Grants for supportive

services under this subsection shall be subject to the other

terms and conditions specified in this section.

(5) Applications

An application for assistance under this subsection may be

submitted by any unit of general local government with a

population under 50,000 and shall contain such information as the

Secretary deems appropriate.

(6) Selection

The Secretary shall select one application for funding under

this subsection based on the following criteria:

(A) The number of elderly persons residing in the applicant's

jurisdiction.

(B) The extent of existing housing constructed prior to 1940

in the applicant's jurisdiction.

(C) The number of elderly persons living in adjacent projects

to whom the services and facilities provided by the project

would be available.

(D) The level of State and local contributions toward the

cost of developing the project and of providing supportive

services.

(E) The project's contribution to neighborhood improvement.

(i) Report

The Secretary shall submit to Congress an annual report

evaluating the effectiveness of the demonstrations under this

section. The report shall include a statement of the number of

persons served, the types of services provided, the cost of

providing such services, and any other information the Secretary

considers appropriate in evaluating the demonstration.

(j) Section 1437f funding

The budget authority available under section 1437c(c) of this

title for assistance under sections 1437f(b) and 1437f(o) of this

title is authorized to be increased by $38,288,000 on or after

October 1, 1992, and by $39,896,096 on or after October 1, 1993.

The amounts made available under this subsection shall be used only

in connection with the demonstration under this section.

(k) Funding for services

There are authorized to be appropriated for the Secretary to

carry out the responsibilities for supportive services under the

demonstrations under this section $10,000,000 to become available

in fiscal year 1993, and $10,420,000 to become available in fiscal

year 1994. Any such amounts appropriated under this subsection

shall remain available until expended.

(l) Implementation

Not later than the expiration of the 180-day period beginning on

the date that funds authorized for the demonstrations under this

section first become available for obligation, the Secretary shall

by notice establish such requirements as may be necessary to carry

out the demonstration programs authorized under this section.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 803, Nov. 28, 1990, 104 Stat.

4317; Pub. L. 102-550, title VI, Sec. 605, Oct. 28, 1992, 106 Stat.

3806.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in subsec. (d)(12),

is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Title

III of the Act is classified generally to subchapter III (Sec. 3021

et seq.) of chapter 35 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

3001 of this title and Tables.

Section 1437a(b)(11) of this title, referred to in subsec.

(g)(5), was repealed by Pub. L. 104-330, title V, Sec.

501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new section

1437a(b)(11), defining "public housing agency plan", was enacted by

Pub. L. 105-276, title V, Sec. 506(4), Oct. 21, 1998, 112 Stat.

2524.

-COD-

CODIFICATION

Section was enacted as part of the Cranston-Gonzalez National

Affordable Housing Act, and not as part of the Congregate Housing

Services Act of 1978 which comprises this chapter.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-550, Sec. 605(c)(1), substituted

"determined by the Secretary" for "beginning on November 28, 1990".

Subsec. (g)(1). Pub. L. 102-550, Sec. 605(c)(2), added par. (1)

and struck out former par. (1) which read as follows: "The term

'demonstration period' means the period beginning on November 28,

1990, and ending upon the termination date under subsection (a) of

this section."

Subsec. (j). Pub. L. 102-550, Sec. 605(a), amended subsec. (j)

generally. Prior to amendment, subsec. (j) read as follows: "The

Secretary may provide assistance under sections 1437f(b) and

1437f(o) of this title in connection with the demonstrations under

this section, in an amount not to exceed $34,000,000 for fiscal

year 1991, and $35,500,000 for fiscal year 1992, subject to the

approval of sufficient amounts in appropriations Acts under section

1437c of this title."

Subsec. (k). Pub. L. 102-550, Sec. 605(b), amended subsec. (k)

generally. Prior to amendment, subsec. (k) read as follows: "There

are authorized to be appropriated for the Secretary to carry out

the responsibilities for supportive services under the

demonstrations under this section, $10,000,000 to become available

in fiscal year 1991, and $10,400,000 to become available in fiscal

year 1992, and remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8011 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should precede "and".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 89 - CONGREGATE HOUSING SERVICES

-HEAD-

Sec. 8013. Supportive housing for persons with disabilities

-STATUTE-

(a) Purpose

The purpose of this section is to enable persons with

disabilities to live with dignity and independence within their

communities by expanding the supply of supportive housing that -

(1) is designed to accommodate the special needs of such

persons; and

(2) provides supportive services that address the individual

health, mental health, and other needs of such persons.

(b) Authority to provide assistance

The Secretary is authorized -

(1) to provide tenant-based rental assistance to eligible

persons with disabilities, in accordance with subsection (d)(4)

of this section; and

(2) to provide assistance to private, nonprofit organizations

to expand the supply of supportive housing for persons with

disabilities, which shall be provided as -

(A) capital advances in accordance with subsection (d)(1) of

this section, and

(B) contracts for project rental assistance in accordance

with subsection (d)(2) of this section;

assistance under this paragraph may be used to finance the

acquisition, acquisition and moderate rehabilitation,

construction, reconstruction, or moderate or substantial

rehabilitation of housing, including the acquisition from the

Resolution Trust Corporation, to be used as supportive housing

for persons with disabilities and may include real property

acquisition, site improvement, conversion, demolition,

relocation, and other expenses that the Secretary determines are

necessary to expand the supply of supportive housing for persons

with disabilities.

(c) General requirements

The Secretary shall take such actions as may be necessary to

ensure that -

(1) assistance made available under this section will be used

to meet the special needs of persons with disabilities by

providing a variety of housing options, ranging from group homes

and independent living facilities to dwelling units in

multifamily housing developments, condominium housing, and

cooperative housing; and

(2) supportive housing for persons with disabilities assisted

under this section shall -

(A) provide persons with disabilities occupying such housing

with supportive services that address their individual needs;

(B) provide such persons with opportunities for optimal

independent living and participation in normal daily

activities,(!1) and

(C) facilitate access by such persons to the community at

large and to suitable employment opportunities within such

community.

(d) Forms of assistance

(1) Capital advances

A capital advance provided under subsection (b)(2) of this

section shall bear no interest and its repayment shall not be

required so long as the housing remains available for

very-low-income persons with disabilities in accordance with this

section. Such advance shall be in an amount calculated in

accordance with the development cost limitation established in

subsection (h) of this section.

(2) Project rental assistance

Contracts for project rental assistance shall obligate the

Secretary to make monthly payments to cover any part of the costs

attributed to units occupied (or, as approved by the Secretary,

held for occupancy) by very low-income persons with disabilities

that is not met from project income. The annual contract amount

for any project shall not exceed the sum of the initial annual

project rentals for all units and any initial utility allowances

for such units, as approved by the Secretary. Any contract

amounts not used by a project in any year shall remain available

to the project until the expiration of the contract. The

Secretary may adjust the annual contract amount if the sum of the

project income and the amount of assistance payments available

under this paragraph are inadequate to provide for reasonable

project costs. In the case of an intermediate care facility which

is the residence of persons assisted under title XIX of the

Social Security Act [42 U.S.C. 1396 et seq.], project income

under this paragraph shall include the same amount as if such

person were being assisted under title XVI of the Social Security

Act [42 U.S.C. 1381 et seq.].

(3) Rent contribution

A very low-income person shall pay as rent for a dwelling unit

assisted under subsection (b)(2) of this section the higher of

the following amounts, rounded to the nearest dollar: (A) 30

percent of the person's adjusted monthly income, (B) 10 percent

of the person's monthly income, or (C) if the person is receiving

payments for welfare assistance from a public agency and a part

of such payments, adjusted in accordance with the person's actual

housing costs, is specifically designated by such agency to meet

the person's housing costs, the portion of such payments which is

so designated; except that the gross income of a person occupying

an intermediate care facility assisted under title XIX of the

Social Security Act [42 U.S.C. 1396 et seq.] shall be the same

amount as if the person were being assisted under title XVI of

the Social Security Act [42 U.S.C. 1381 et seq.].

(4) Tenant-based rental assistance

(A) Administering entities

Tenant-based rental assistance provided under subsection

(b)(1) of this section may be provided only through a public

housing agency that has submitted and had approved a plan under

section 1437e(d) of this title that provides for such

assistance, or through a private nonprofit organization. A

public housing agency shall be eligible to apply under this

section only for the purposes of providing such tenant-based

rental assistance.

(B) Program rules

Tenant-based rental assistance under subsection (b)(1) of

this section shall be made available to eligible persons with

disabilities and administered under the same rules that govern

tenant-based rental assistance made available under section

1437f of this title, except that the Secretary may waive or

modify such rules, but only to the extent necessary to provide

for administering such assistance under subsection (b)(1) of

this section through private nonprofit organizations rather

than through public housing agencies.

(C) Allocation of assistance

In determining the amount of assistance provided under

subsection (b)(1) of this section for a private nonprofit

organization or public housing agency, the Secretary shall

consider the needs and capabilities of the organization or

agency, in the case of a public housing agency, as described in

the plan for the agency under section 1437e of this title.

(e) Term of commitment

(1) Use limitations

All units in housing assisted under subsection (b)(2) of this

section shall be made available for occupancy by very low-income

persons with disabilities for not less than 40 years.

(2) Contract terms

The initial term of a contract entered into under subsection

(d)(2) of this section shall be 240 months. The Secretary shall,

to the extent approved in appropriation Acts, extend any expiring

contract for a term of not less than 60 months. In order to

facilitate the orderly extension of expiring contracts, the

Secretary is authorized to make commitments to extend expiring

contracts during the year prior to the date of expiration.

(f) Applications

Funds made available under subsection (b)(2) of this section

shall be allocated by the Secretary among approvable applications

submitted by private nonprofit organizations. Applications for

assistance under subsection (b)(2) of this section shall be

submitted in such form and in accordance with such procedures as

the Secretary shall establish. Such applications shall contain -

(1) a description of the proposed housing;

(2) a description of the assistance the applicant seeks under

this section;

(3) a supportive service plan that contains -

(A) a description of the needs of persons with disabilities

that the housing is expected to serve;

(B) assurances that persons with disabilities occupying such

housing will receive supportive services based on their

individual needs;

(C) evidence of the applicant's (or a designated service

provider's) experience in providing such supportive services;

(D) a description of the manner in which such services will

be provided to such persons, including evidence of such

residential supervision as the Secretary determines is

necessary to facilitate the adequate provision of such

services; and

(E) identification of the extent of State and local funds

available to assist in the provision of such services;

(4) a certification from the appropriate State or local agency

(as determined by the Secretary) that the provision of the

services identified in paragraph (3) are well designed to serve

the special needs of persons with disabilities;

(5) reasonable assurances that the applicant will own or have

control of an acceptable site for the proposed housing not later

than 6 months after notification of an award for assistance;

(6) a certification from the public official responsible for

submitting a housing strategy for the jurisdiction to be served

in accordance with section 12705 of this title that the proposed

housing is consistent with the approved housing strategy; and

(7) such other information or certifications that the Secretary

determines to be necessary or appropriate to achieve the purposes

of this section.

(g) Selection criteria

The Secretary shall establish selection criteria for assistance

under subsection (b)(2) of this section, which shall include -

(1) the ability of the applicant to develop and operate the

proposed housing;

(2) the need for housing for persons with disabilities in the

area to be served;

(3) the extent to which the proposed design of the housing will

meet the special needs of persons with disabilities;

(4) the extent to which the applicant has demonstrated that the

necessary supportive services will be provided on a consistent,

long-term basis;

(5) the extent to which the proposed design of the housing will

accommodate the provision of such services;

(6) the extent to which the applicant has control of the site

of the proposed housing; and

(7) such other factors as the Secretary determines to be

appropriate to ensure that funds made available under subsection

(b)(2) of this section are used effectively.

(h) Development cost limitations

(1) In general

The Secretary shall periodically establish development cost

limitations by market area for various types and sizes of

supportive housing for persons with disabilities by publishing a

notice of the cost limitations in the Federal Register. The cost

limitations shall reflect -

(A) the cost of acquisition, construction, reconstruction, or

rehabilitation of supportive housing for persons with

disabilities that (i) meets applicable State and local housing

and building codes; and (ii) conforms with the design

characteristics of the neighborhood in which it is to be

located;

(B) the cost of movables necessary to the basic operation of

the housing, as determined by the Secretary;

(C) the cost of special design features necessary to make the

housing accessible to persons with disabilities;

(D) the cost of special design features necessary to make

individual dwelling units meet the special needs of persons

with disabilities;

(E) the cost of congregate space necessary to accommodate the

provision of supportive services to persons with disabilities;

(F) if the housing is newly constructed, the cost of meeting

the energy efficiency standards promulgated by the Secretary in

accordance with section 12709 of this title; and

(G) the cost of land, including necessary site improvement.

In establishing development cost limitations for a given market

area, the Secretary shall use data that reflect currently

prevailing costs of acquisition, construction, reconstruction, or

rehabilitation, and land acquisition in the area. Neither this

section nor any other provision of law may be construed as

prohibiting or preventing the location and operation, in a

project assisted under this section, of commercial facilities for

the benefit of residents of the project and the community in

which the project is located, except that assistance made

available under this section may not be used to subsidize any

such commercial facility.

(2) RTC properties

In the case of existing housing and related facilities from the

Resolution Trust Corporation under section 1441a(c) of title 12,

the cost limitations shall include -

(A) the cost of acquiring such housing,

(B) the cost of rehabilitation, alteration, conversion, or

improvement, including the moderate rehabilitation thereof, and

(C) the cost of the land on which the housing and related

facilities are located.

(3) Annual adjustments

The Secretary shall adjust the cost limitation not less than

once annually to reflect changes in the general level of

acquisition, construction, reconstruction, or rehabilitation

costs.

(4) Incentives for savings

(A) Special project account

The Secretary shall use the development cost limitations

established under paragraph (1) to calculate the amount of

financing to be made available to individual owners. Owners

which incur actual development costs that are less than the

amount of financing shall be entitled to retain 50 percent of

the savings in a special project account. Such percentage shall

be increased to 75 percent for owners which add energy

efficiency features which (i) exceed the energy efficiency

standards promulgated by the Secretary in accordance with

section 12709 of this title; (ii) substantially reduce the

life-cycle cost of the housing; (iii) reduce gross rent

requirements; and (iv) enhance tenant comfort and convenience.

(B) Uses

The special project account established under subparagraph

(A) may be used (i) to supplement services provided to

residents of the housing or funds set-aside for replacement

reserves, or (ii) for such other purposes as determined by the

Secretary.

(5) Funds from other sources

An owner shall be permitted voluntarily to provide funds from

sources other than this section for amenities and other features

of appropriate design and construction suitable for supportive

housing for persons with disabilities if the cost of such

amenities is (A) not financed with the advance, and (B) is not

taken into account in determining the amount of Federal

assistance or of the rent contribution of tenants.

Notwithstanding any other provision of law, assistance amounts

provided under this section may be treated as amounts not derived

from a Federal grant.

(i) Tenant selection

(1) An owner shall adopt written tenant selection procedures that

are satisfactory to the Secretary as (A) consistent with the

purpose of improving housing opportunities for very low-income

persons with disabilities; and (B) reasonably related to program

eligibility and an applicant's ability to perform the obligations

of the lease. Owners shall promptly notify in writing any rejected

applicant of the grounds for any rejection.

(2) Notwithstanding any other provision of law, an owner may,

with the approval of the Secretary, limit occupancy within housing

developed under this section to persons with disabilities who have

similar disabilities and require a similar set of supportive

services in a supportive housing environment.

(j) Miscellaneous provisions

(1) Technical assistance

The Secretary shall make available appropriate technical

assistance to assure that applicants having limited resources,

particularly minority applicants, are able to participate more

fully in the program carried out under this section.

(2) Civil rights compliance

Each owner shall certify, to the satisfaction of the Secretary,

that assistance made available under this section will be

conducted and administered in conformity with title VI of the

Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Fair

Housing Act [42 U.S.C. 3601 et seq.] and other Federal, State,

and local laws prohibiting discrimination and promoting equal

opportunity; and (!2)

(3) Site control

An applicant may obtain ownership or control of a suitable site

different from the site specified in the initial application. If

an applicant fails to obtain ownership or control of the site

within 1 year after notification of an award for assistance, the

assistance shall be recaptured and reallocated.

(4) Owner deposit

The Secretary may require an owner to deposit an amount not to

exceed $10,000 in a special escrow account to assure the owner's

commitment to the housing.

(5) Notice of appeal

The Secretary shall notify an owner not less than 30 days prior

to canceling any reservation of assistance provided under this

section. During the 30-day period following the receipt of a

notice under the preceding sentence, an owner may appeal the

proposed cancellation. Such appeal, including review by the

Secretary, shall be completed not later than 45 days after the

appeal is filed.

(6) Labor standards

(A) In general

The Secretary shall take such action as may be necessary to

insure that all laborers and mechanics employed by contractors

and subcontractors in the construction of housing with 12 or

more units assisted under this section shall be paid wages at

rates not less than those prevailing in the locality involved

for the corresponding classes of laborers and mechanics

employed on construction of a similar character, as determined

by the Secretary of Labor in accordance with sections

3141-3144, 3146, and 3147 of title 40.

(B) Exemption

Subparagraph (A) shall not apply to any individual who -

(i) performs services for which the individual volunteered;

(ii)(I) does not receive compensation for such services; or

(II) is paid expenses, reasonable benefits, or a nominal

fee for such services; and

(iii) is not otherwise employed at any time in the

construction work.

(7) Use of project reserves

Amounts for project reserves for a project assisted under this

section may be used for costs, subject to reasonable limitations

as the Secretary determines appropriate, for reducing the number

of dwelling units in the project. Such use shall be subject to

the approval of the Secretary to ensure that the use is designed

to retrofit units that are currently obsolete or unmarketable.

(k) Definitions

As used in this section -

(1) The term "group home" means a single family residential

structure designed or adapted for occupancy by not more than 8

persons with disabilities. The Secretary may waive the project

size limitation contained in the previous sentence if the

applicant demonstrates that local market conditions dictate the

development of a larger project. Not more than 1 home may be

located on any one site and no such home may be located on a site

contiguous to another site containing such a home.

(2) The term "person with disabilities" means a household

composed of one or more persons at least one of whom is an adult

who has a disability. A person shall be considered to have a

disability if such person is determined, pursuant to regulations

issued by the Secretary to have a physical, mental, or emotional

impairment which (A) is expected to be of long-continued and

indefinite duration, (B) substantially impedes his or her ability

to live independently, and (C) is of such a nature that such

ability could be improved by more suitable housing conditions. A

person shall also be considered to have a disability if such

person has a developmental disability as defined in section 15002

of this title. The Secretary shall prescribe such regulations as

may be necessary to prevent abuses in determining, under the

definitions contained in this paragraph, the eligibility of

families and persons for admission to and occupancy of housing

assisted under this section. Notwithstanding the preceding

provisions of this paragraph, the term "person with disabilities"

includes two or more persons with disabilities living together,

one or more such persons living with another person who is

determined (under regulations prescribed by the Secretary) to be

important to their care or well-being, and the surviving member

or members of any household described in the first sentence of

this paragraph who were living, in a unit assisted under this

section, with the deceased member of the household at the time of

his or her death.

(3) The term "supportive housing for persons with disabilities"

means housing that -

(A) is designed to meet the special needs of persons with

disabilities, and

(B) provides supportive services that address the individual

health, mental health or other special needs of such persons.

(4) The term "independent living facility" means a project

designed for occupancy by not more than 24 persons with

disabilities (or such higher number of persons as permitted under

criteria that the Secretary shall prescribe, subject to the

limitation under subsection (h)(6) (!3) of this section) in

separate dwelling units where each dwelling unit includes a

kitchen and a bath.

(5) The term "owner" means a private nonprofit organization

that receives assistance under this section to develop and

operate a project for supportive housing for persons with

disabilities.

(6) The term "private nonprofit organization" means any

institution or foundation -

(A) that has received, or has temporary clearance to receive,

tax-exempt status under section 501(c)(3) of title 26;

(B) no part of the net earnings of which inures to the

benefit of any member, founder, contributor, or individual;

(C) which has a governing board (i) the membership of which

is selected in a manner to assure that there is significant

representation of the views of persons with disabilities, and

(ii) which is responsible for the operation of the housing

assisted under this section; and

(D) which is approved by the Secretary as to financial

responsibility.

Such term includes a for-profit limited partnership the sole

general partner of which is an organization meeting the

requirements under subparagraphs (A), (B), (C), and (D) or a

corporation wholly owned and controlled by an organization

meeting the requirements under subparagraphs (A), (B), (C), and

(D).

(7) The term "State" includes the several States, the District

of Columbia, the Commonwealth of Puerto Rico, and the possessions

of the United States.

(8) The term "Secretary" means the Secretary of Housing and

Urban Development.

(9) The term "very low-income" has the same meaning as given

the term "very low-income families" under section 1437a(b)(2) of

this title.

(l) Allocation of funds

(1) Allocation

Of any amount made available for assistance under this section

in any fiscal year, an amount shall be used for assistance under

subsection (b)(2) of this section that is not less than the

amount made available in appropriation Acts for such assistance

in the preceding year.

(2) Capital advances

Of any amounts made available for assistance under subsection

(b) of this section, such sums as may be necessary shall be

available for funding capital advances in accordance with

subsection (c)(1) (!4) of this section. Such amounts, the

repayments from such advances, and the proceeds from notes or

obligations issued under this section prior to November 28,

1990,(!5) shall constitute a revolving fund to be used by the

Secretary in carrying out this section.

(3) Project rental assistance

Of any amounts made available for assistance under subsection

(b) of this section, such sums as may be necessary shall be

available for funding project rental assistance in accordance

with subsection (c)(2) (!6) of this section.

(4) Size limitation

Of any amounts made available for any fiscal year and used for

capital advances or project rental assistance under paragraphs

(1) and (2) of subsection (d) of this section, not more than 25

percent may be used for supportive housing which contains more

than 24 separate dwelling units.

(m) Authorization of appropriations

There are authorized to be appropriated for providing assistance

under this section such sums as may be necessary for each of fiscal

years 2001, 2002, and 2003.

(n) Effective date and applicability

(1) In general

The amendments made by this section shall take effect on

October 1, 1991, with respect to projects approved on or after

such date. The Secretary shall issue regulations for such purpose

after notice and public comment.

(2) Earlier applicability

The Secretary shall, upon the request of an owner, apply the

provisions of this section to any housing for which a loan

reservation was made under section 1701q of title 12 before

November 28, 1990,(!5) but for which no loan has been executed

and recorded. In the absence of such a request, any housing

identified under the preceding sentence shall continue to be

subject to the provisions of section 1701q of title 12 as they

were in effect when such assistance was made or reserved.

(3) Coordination

When responding to an owner's request under paragraph (1), the

Secretary shall, notwithstanding any other provision of law,

apply such portion of amounts obligated at the time of loan

reservation, including amounts reserved with respect to such

housing under section 1437f of this title, as are required for

the owner's housing under the provisions of this section and

shall make any remaining portion available for other housing

under this section.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 811, Nov. 28, 1990, 104 Stat.

4324; Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 150; Pub.

L. 102-550, title VI, Secs. 601(d), 603, 623(a), title IX, Sec.

913(b), Oct. 28, 1992, 106 Stat. 3803, 3805, 3818, 3877; Pub. L.

106-74, title V, Secs. 512, 524(a), Oct. 20, 1999, 113 Stat. 1101,

1106; Pub. L. 106-402, title IV, Sec. 401(b)(11), Oct. 30, 2000,

114 Stat. 1739; Pub. L. 106-569, title VIII, Secs. 822, 841-845,

Dec. 27, 2000, 114 Stat. 3020, 3022, 3023.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(2), (3), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI

and XIX of the Act are classified generally to subchapters XVI

(Sec. 1381 et seq.) and XIX (Sec. 1396 et seq.), respectively, of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1305 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (j)(2), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

The Fair Housing Act, referred to in subsec. (j)(2), is title

VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I of chapter 45 (Sec.

3601 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 3601 of

this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Cranston-Gonzalez National

Affordable Housing Act, and not as part of the Congregate Housing

Services Act of 1978 which comprises this chapter.

In subsec. (j)(6)(A), "sections 3141-3144, 3146, and 3147 of

title 40" substituted for "the Act of March 3, 1931 (commonly known

as the Davis-Bacon Act)" on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

November 28, 1990, referred to in subsecs. (l)(2) and (n)(2), was

in the original "the enactment of this Act" and "the date of

enactment of this Act", respectively, see Enactment of Section note

below.

-MISC1-

AMENDMENTS

2000 - Subsec. (d)(4). Pub. L. 106-569, Sec. 843(1), added par.

(4) and struck out heading and text of former par. (4). Text read

as follows: "Tenant-based rental assistance provided under

subsection (b)(1) of this section may be provided only through a

public housing agency that has submitted, and had approved, an

allocation plan under section 1437e(f) of this title, and a public

housing agency shall be eligible to apply under this section only

for the purposes of providing such assistance. Such assistance

shall be made available to eligible persons with disabilities and

administered under the same rules that govern rental assistance

made available under section 1437f of this title. In determining

the amount of assistance provided under subsection (b)(1) of this

section for a public housing agency, the Secretary shall consider

the needs of the agency as described in the allocation plan."

Subsec. (h)(1). Pub. L. 106-569, Sec. 845, inserted at end of

concluding provisions "Neither this section nor any other provision

of law may be construed as prohibiting or preventing the location

and operation, in a project assisted under this section, of

commercial facilities for the benefit of residents of the project

and the community in which the project is located, except that

assistance made available under this section may not be used to

subsidize any such commercial facility."

Subsec. (h)(5). Pub. L. 106-569, Sec. 842, substituted "sources

other than this section" for "non-Federal sources" and inserted at

end "Notwithstanding any other provision of law, assistance amounts

provided under this section may be treated as amounts not derived

from a Federal grant."

Subsec. (j)(7). Pub. L. 106-569, Sec. 844, added par. (7).

Subsec. (k)(2). Pub. L. 106-402 substituted "as defined in

section 15002 of this title" for "as defined in section 6001(7) of

this title" in third sentence.

Subsec. (k)(6). Pub. L. 106-569, Sec. 841, which directed

insertion of concluding provisions after section 811(k)(6)(D) of

the Housing Act of 1959, was executed by making the insertion in

this section, which is section 811 of the Cranston-Gonzalez

National Affordable Housing Act, to reflect the probable intent of

Congress.

Subsec. (l)(1). Pub. L. 106-569, Sec. 843(2), substituted

"subsection (b)(2) of this section" for "subsection (b) of this

section" and struck out before period at end ", and the remainder

shall be available for tenant-based assistance under subsection

(n)".

Subsec. (m). Pub. L. 106-569, Sec. 822, added subsec. (m) and

struck out heading and text of former subsec. (m). Text read as

follows: "There is authorized to be appropriated for providing

assistance under this section $201,000,000 for fiscal year 2000."

1999 - Subsec. (k)(4). Pub. L. 106-74, Sec. 524(a)(1), inserted

", subject to the limitation under subsection (h)(6) of this

section" after "prescribe".

Subsec. (l)(4). Pub. L. 106-74, Sec. 524(a)(2), added par. (4).

Subsecs. (m), (n). Pub. L. 106-74, Sec. 512, added subsec. (m)

and redesignated former subsec. (m) as (n).

1992 - Pub. L. 102-550, Sec. 623(a)(1), reenacted section

catchline without change.

Subsec. (b). Pub. L. 102-550, Sec. 623(a)(2), added heading,

introductory provisions, and pars. (1) and (2) and struck out

former heading "General authority", introductory provisions, and

pars. (1) and (2) which authorized assistance to private, nonprofit

organizations to expand the supply of supportive housing for

persons with disabilities, which assistance would be provided as

capital advances and contracts for project rental assistance, and,

in concluding provisions, realigned margin and substituted

"assistance under this paragraph" for "Such assistance".

Subsec. (d)(1). Pub. L. 102-550, Sec. 623(a)(3)(A), which

directed the substitution of "subsection (b)(2) of this section"

for "this section", was executed by making the substitution the

first place appearing in first sentence, to reflect the probable

intent of Congress.

Subsec. (d)(3). Pub. L. 102-550, Sec. 623(a)(3)(A), substituted

"subsection (b)(2) of this section" for "this section".

Subsec. (d)(4). Pub. L. 102-550, Sec. 623(a)(3)(B), added par.

(4).

Subsec. (e)(1). Pub. L. 102-550, Sec. 623(a)(4), substituted

"subsection (b)(2) of this section" for "this section".

Subsec. (f). Pub. L. 102-550, Sec. 623(a)(5), substituted

"subsection (b)(2) of this section" for "this section" in first and

second sentences.

Subsec. (g). Pub. L. 102-550, Sec. 623(a)(6), which directed the

substitution of "subsection (b)(2) of this section" for "this

section", was executed by making the substitution in the

introductory provisions and in par. (7), to reflect the probable

intent of Congress.

Subsec. (j)(6). Pub. L. 102-550, Sec. 913(b), designated existing

provisions as subpar. (A), inserted subpar. heading, substituted

"with 12 or more units assisted under this section" for "assisted

under this section and designed for dwelling use by 12 or more

persons with disabilities", inserted "commonly known as" before

"the Davis-Bacon Act", struck out before period at end "; but the

Secretary may waive the application of this paragraph in cases or

classes of cases where laborers or mechanics, not otherwise

employed at any time in the construction of such housing,

voluntarily donate their services without full compensation for the

purposes of lowering the costs of construction and the Secretary

determines that any amounts saved thereby are fully credited to the

corporation, cooperative, or public body or agency undertaking the

construction", and added subpar. (B).

Subsec. (k)(6). Pub. L. 102-550, Sec. 603, struck out

"incorporated private" before "institution" in introductory

provisions, added subpar. (A), and redesignated former subpars. (A)

to (C) as (B) to (D), respectively.

Subsec. (l). Pub. L. 102-550, Sec. 601(d)(1), substituted

"Allocation of funds" for "Authorizations" in heading.

Subsec. (l)(1). Pub. L. 102-550, Sec. 601(d)(5), added par. (1).

Former par. (1) redesignated (2).

Pub. L. 102-550, Sec. 601(d)(2), inserted first sentence, struck

out former first sentence which authorized an appropriation of

$271,000,000 for fiscal year 1992 for the purpose of funding

capital advances in accordance with subsection (d)(1) of this

section, and in second sentence, substituted "Such amounts" for

"Amounts so appropriated".

Subsec. (l)(2). Pub. L. 102-550, Sec. 601(d)(4), redesignated

par. (1) as (2). Former par. (2) redesignated (3).

Pub. L. 102-550, Sec. 601(d)(3), added par. (2) and struck out

former par. (2) which read as follows: "For the purpose of funding

contracts for project rental assistance in accordance with

subsection (d)(2) of this section, the Secretary may, to the extent

approved in an appropriations Act, reserve authority to enter into

obligations aggregating $246,000,000 for fiscal year 1992."

Subsec. (l)(3). Pub. L. 102-550, Sec. 601(d)(4), redesignated

par. (2) as (3).

1991 - Subsec. (k)(4). Pub. L. 102-27 substituted "24 persons

with disabilities (or such higher number of persons as permitted

under criteria that the Secretary shall prescribe)" for "20 persons

with disabilities".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by title VIII of Pub. L. 106-569 effective Dec. 27,

2000, unless effectiveness or applicability upon another date

certain is specifically provided for, with provisions relating to

effect of regulatory authority, see section 803 of Pub. L. 106-569,

set out as a note under section 1701q of Title 12, Banks and

Banking.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by subtitles B through F of title VI [Secs. 621-685] of

Pub. L. 102-550 applicable upon expiration of 6-month period

beginning Oct. 28, 1992, except as otherwise provided, see section

13642 of this title.

ENACTMENT OF SECTION

This section was enacted as part of Pub. L. 101-625, which was

approved Nov. 28, 1990. However, this section was deemed enacted as

of Nov. 5, 1990, by Pub. L. 101-507, title II, Nov. 5, 1990, 104

Stat. 1358, set out as an Effective Date of 1990 Amendment note

under section 1701q of Title 12, Banks and Banking.

INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING

Amendment by section 623(a) of Pub. L. 102-550 not applicable

with respect to lower income housing developed or operated pursuant

to contract between Secretary of Housing and Urban Development and

Indian housing authority, see section 626 of Pub. L. 102-550, set

out as a note under section 1437a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437a, 1437f, 3535, 8011,

11403g, 13664 of this title; title 12 sections 1701z-11, 3702,

3705.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

(!2) So in original. The word "opportunity" probably should be

followed by a period.

(!3) So in original. No subsec. (h)(6) has been enacted.

(!4) So in original. Probably should be subsection "(d)(1)".

(!5) See Codification note below.

(!6) So in original. Probably should be subsection "(d)(2)".

-End-