S.Amdt. 4836Senate111th Congress (2009-2011)
To improve the bill.
Sponsored by 
Sen. Mike Johanns (R-NE)
Sen. Mike Johanns (R-NE)Submitted December 17, 2010
Text
Proposed
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
FRANK MELVILLE SUPPORTIVE HOUSING INVESTMENT ACT OF 2009
Mr. KERRY. Mr. President, I ask unanimous consent the Senate proceed
to the immediate consideration of Calendar No. 689, S. 1481.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1481) to amend section 811 of the Cranston-
Gonzalez National Affordable Housing Act to improve the
program under such section for supportive housing for persons
with disabilities.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Banking, Housing and
Urban Affairs, with amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 1481
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Frank
Melville Supportive Housing Investment Act of [2009]2010''.
(b) References.--Except as otherwise expressly provided,
wherever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, section 811 or any
other provision of section 811, the reference shall be
considered to be made to section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013).
[SEC. 2. TENANT-BASED RENTAL ASSISTANCE THROUGH CERTIFICATE
FUND.
[(a) Termination of Mainstream Tenant-Based Rental
Assistance Program.--Section 811 is amended--
[(1) in subsection (b)--
[(A) by striking the subsection designation and all that
follows through the end of subparagraph (B) of paragraph (2)
and inserting the following:
[``(b) Authority To Provide Assistance.--The Secretary is
authorized to provide assistance to private nonprofit
organizations to expand the supply of supportive housing for
persons with disabilities, which shall be provided as--
[``(1) capital advances in accordance with subsection
(d)(1), and
[``(2) contracts for project rental assistance in
accordance with subsection (d)(2).''; and
[(B) by striking ``assistance under this paragraph'' and
inserting ``Assistance under this subsection'';
[(2) in subsection (d), by striking paragraph (4); and
[(3) in subsection (l), by striking paragraph (1).
[(b) Renewal Through Section 8.--Section 811 is amended by
adding at the end the following new subsection:
[``(p) Authorization of Appropriations for Section 8
Assistance.--
[``(1) In general.--There is authorized to be appropriated
for tenant-based rental assistance under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for
persons with disabilities in fiscal year 2009 the amount
necessary to provide a number of incremental vouchers under
such section that is equal to the number of vouchers provided
in fiscal year 2008 under the tenant-based rental assistance
program under subsection (d)(4) of this section (as in effect
before the date of the enactment of the Frank Melville
Supportive Housing Investment Act of 2009).
[``(2) Requirements upon turnover.--The Secretary shall
develop and issue, to public housing agencies that receive
voucher assistance made available under this subsection and
to public housing agencies that received voucher assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) for non-elderly disabled families
pursuant to appropriation Acts for fiscal years 1997 through
2002 or any other subsequent appropriations for incremental
vouchers for non-elderly disabled families, guidance to
ensure that, to the maximum extent possible, such vouchers
continue to be provided upon turnover to qualified persons
with disabilities or to qualified non-elderly disabled
families, respectively.''.]
SEC. 2. TENANT-BASED RENTAL ASSISTANCE.
(a) Renewal Through Section 8.--Section 811(d)(4) is
amended to read as follows:
``(4) Tenant-based rental assistance.--
``(A) In general.--Tenant-based rental assistance provided
under subsection (b)(1) shall be provided under section 8(o)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
``(B) Conversion of existing assistance.--There is
authorized to be appropriated for tenant-based rental
assistance under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) for persons with
disabilities an amount not less than the amount necessary to
convert the number of authorized vouchers and funding under
an annual contributions contract in effect on the date of
enactment of the Frank Melville Supportive Housing Investment
Act of 2010. Such converted vouchers may be administered by
the entity administering the vouchers prior to conversion.
For purposes of administering such converted vouchers, such
entities shall be considered a `public housing agency'
authorized to engage in the operation of tenant-based
assistance under section 8 of the United States Housing Act
of 1937 .
``(C) Requirements upon turnover.--The Secretary shall
develop and issue, to public housing agencies that receive
voucher assistance made available under this subsection and
to public housing agencies that received voucher assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) for non-elderly disabled families
pursuant to appropriation Acts for fiscal years 1997 through
2002 or any other subsequent appropriations for incremental
vouchers for non-elderly disabled families, guidance to
ensure that, to the maximum extent possible, such vouchers
continue to be provided upon turnover to qualified persons
with disabilities or to qualified non-elderly disabled
families, respectively.''.
(b) Provision of Technical Assistance.--The Secretary is
authorized to the extent amounts are made available in future
appropriations Acts, to provide technical assistance to
public housing agencies and other administering entities to
facilitate using vouchers to provide permanent supportive
housing for persons with disabilities, help States reduce
reliance on segregated restrictive settings for people with
disabilities to meet community care requirements, end chronic
homelessness, as ``chronically homeless'' is defined in
section 401 of the
[[Page S10445]]
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361), and
for other related purposes.
SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM.
(a) Project Rental Assistance Contracts.--Section 811 is
amended--
(1) in subsection (d)(2)--
(A) by inserting ``(A) Initial project rental assistance
contract.--'' after ``Project rental assistance.--'';
(B) in the first sentence, by inserting after ``shall'' the
following: ``comply with subsection (e)(2) and shall'';
(C) by striking ``annual contract amount'' each place such
term appears and inserting ``amount provided under the
contract for each year covered by the contract''; and
(D) by adding at the end the following new subparagraph:
``(B) Renewal of and increases in contract amounts.--
``(i) Expiration of contract term.--Upon the expiration of
each contract term, subject to the availability of amounts
made available in appropriation Acts, the Secretary shall
adjust the annual contract amount to provide for reasonable
project costs, [and any increases,] including adequate
reserves and service coordinators as appropriate, except that
any contract amounts not used by a project during a contract
term shall not be available for such adjustments upon
renewal.
``(ii) Emergency situations.--In the event of emergency
situations that are outside the control of the owner, the
Secretary shall increase the annual contract amount, subject
to reasonable review and limitations as the Secretary shall
provide.''.
(2) in subsection (e)(2)--
(A) in the first sentence, by inserting before the period
at the end the following: ``, except that, in the case of the
sponsor of a project assisted with any low-income housing tax
credit pursuant to section 42 of the Internal Revenue Code of
1986 or with any tax-exempt housing bonds, the contract shall
have an initial term of not less than 360 months and shall
provide funding for a term of 60 months''; and
(B) by striking ``extend any expiring contract'' and insert
``upon expiration of a contract (or any renewed contract),
renew such contract''.
(b) Program Requirements.--Section 811 is amended--
(1) in subsection (e)--
(A) by striking the subsection heading and inserting the
following: ``Program Requirements'';
(B) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Use restrictions.--
``(A) Term.--Any project for which a capital advance is
provided under subsection (d)(1) shall be operated for not
less than 40 years as supportive housing for persons with
disabilities, in accordance with the application for the
project approved by the Secretary and shall, during such
period, be made available for occupancy only by very low-
income persons with disabilities.
``(B) Conversion.--If the owner of a project requests the
use of the project for the direct benefit of very low-income
persons with disabilities and, pursuant to such request the
Secretary determines that a project is no longer needed for
use as supportive housing for persons with disabilities, the
Secretary may approve the request and authorize the owner to
convert the project to such use.''; and
(C) by adding at the end the following new paragraphs:
``(3) Limitation on use of funds.--No assistance received
under this section (or any State or local government funds
used to supplement such assistance) may be used to replace
other State or local funds previously used, or designated for
use, to assist persons with disabilities.
``(4) Multifamily projects.--
``(A) Limitation.--Except as provided in subparagraph (B),
of the total number of dwelling units in any multifamily
housing project (including any condominium or cooperative
housing project) containing any unit for which assistance is
provided from a capital grant under subsection (d)(1) made
after the date of the enactment of the Frank Melville
Supportive Housing Investment Act of [2009]2010, the
aggregate number that are used for persons with disabilities,
including supportive housing for persons with disabilities,
or to which any occupancy preference for persons with
disabilities applies, may not exceed 25 percent of such
total.
``(B) Exception.--Subparagraph (A) shall not apply in the
case of any project that is a group home or independent
living facility.''; and
(2) in subsection (l), by striking paragraph (4).
(c) Delegated Processing.--Subsection (g) of section 811
(42 U.S.C. 8013(g)) is amended--
(1) by striking ``Selection Criteria.--'' and inserting
``Selection Criteria and Processing.--(1) Selection
criteria.--'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as subparagraphs (A), (B), (C), (D), (E), (G),
and (H), respectively; and
(3) by adding at the end the following new paragraph:
``(2) Delegated Processing.--
``(A) In issuing a capital advance under subsection (d)(1)
for any multifamily project (but not including any project
that is a group home or independent living facility) for
which financing for the purposes described in the last
sentence of subsection (b) is provided by a combination of
the capital advance and sources other than this section,
within 30 days of award of the capital advance, the Secretary
shall delegate review and processing of such projects to a
State or local housing agency that--
``(i) is in geographic proximity to the property;
``(ii) has demonstrated experience in and capacity for
underwriting multifamily housing loans that provide housing
and supportive services;
``(iii) may or may not be providing low-income housing tax
credits in combination with the capital advance under this
section; and
``(iv) agrees to issue a firm commitment within 12 months
of delegation.
``(B) The Secretary shall retain the authority to process
capital advances in cases in which no State or local housing
agency [has applied to]is sufficiently qualified to provide
delegated processing pursuant to this paragraph or no such
agency has entered into an agreement with the Secretary to
serve as a delegated processing agency.
``(C) The Secretary shall--
``(i) develop criteria and a timeline to periodically
assess the performance of State and local housing agencies in
carrying out the duties delegated to such agencies pursuant
to subparagraph (A); and
``(ii) retain the authority to review and process projects
financed by a capital advance in the event that, after a
review and assessment, a State or local housing agency is
determined to have failed to satisfy the criteria established
pursuant to clause (i).
``([C]D) An agency to which review and processing is
delegated pursuant to subparagraph (A) may assess a
reasonable fee which shall be included in the capital advance
amounts and may recommend project rental assistance amounts
in excess of those initially awarded by the Secretary. The
Secretary shall develop a schedule for reasonable fees under
this subparagraph to be paid to delegated processing
agencies, which shall take into consideration any other fees
to be paid to the agency for other funding provided to the
project by the agency, including bonds, tax credits, and
other gap funding.
``([D]E) Under such delegated system, the Secretary shall
retain the authority to approve rents and development costs
and to execute a capital advance within 60 days of receipt of
the commitment from the State or local agency. The Secretary
shall provide to such agency and the project sponsor, in
writing, the reasons for any reduction in capital advance
amounts or project rental assistance and such reductions
shall be subject to appeal.''.
(d) Leveraging Other Resources.--Paragraph (1) of section
811(g) (as so designated by subsection (c)(1) of this
section) is amended by inserting after subparagraph (E) (as
so redesignated by subsection (c)(2) of this section) the
following new subparagraph:
``(F) the extent to which the per-unit cost of units to be
assisted under this section will be supplemented with
resources from other public and private sources;''.
(e) Tenant Protections and Eligibility for Occupancy.--
Section 811 is amended by striking subsection (i) and
inserting the following new subsection:
``(i) Admission and Occupancy.--
``(1) Tenant selection.--
``(A) Procedures.--An owner shall adopt written tenant
selection procedures that are satisfactory to the Secretary
as (i) consistent with the purpose of improving housing
opportunities for very low-income persons with disabilities;
and (ii) 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.
``(B) Requirement for occupancy.--Occupancy in dwelling
units provided assistance under this section shall be
available only to persons with disabilities and households
that include at least one person with a disability.
``(C) Availability.--Except only as provided in
subparagraph (D), occupancy in dwelling units in housing
provided with assistance under this section shall be
available to all persons with disabilities eligible for such
occupancy without regard to the particular disability
involved.
``(D) Limitation on occupancy.--Notwithstanding any other
provision of law, the owner of housing developed under this
section may, with the approval of the Secretary, limit
occupancy within the housing to persons with disabilities who
can benefit from the supportive services offered in
connection with the housing.
``(2) Tenant protections.--
``(A) Lease.--The lease between a tenant and an owner of
housing assisted under this section shall be for not less
than one year, and shall contain such terms and conditions as
the Secretary shall determine to be appropriate.
``(B) Termination of tenancy.--An owner may not terminate
the tenancy or refuse to renew the lease of a tenant of a
rental dwelling unit assisted under this section except--
``(i) for serious or repeated violation of the terms and
conditions of the lease, for violation of applicable Federal,
State, or local law, or for other good cause; and
``(ii) by providing the tenant, not less than 30 days
before such termination or refusal to renew, with written
notice specifying the grounds for such action.
``(C) Voluntary participation in services.--A supportive
service plan for housing assisted under this section shall
permit each resident to take responsibility for choosing and
acquiring their own services, to receive
[[Page S10446]]
any supportive services made available directly or indirectly
by the owner of such housing, or to not receive any
supportive services.''.
(f) Development Cost Limitations.--Subsection (h) of
section 811 is amended--
(1) in paragraph (1)--
(A) by striking the paragraph heading and inserting ``Group
homes'';
(B) in the first sentence, by striking ``various types and
sizes'' and inserting ``group homes'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(2) in paragraph (3), by inserting ``established pursuant
to paragraph (1)'' after ``cost limitation''; and
(3) by adding at the end the following new paragraph:
``(6) Applicability of home program cost limitations.--
``(A) In general.--The provisions of section 212(e) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742(e)) and the cost limits established by the Secretary
pursuant to such section with respect to the amount of funds
under subtitle A of title II of such Act that may be invested
on a per unit basis, shall apply to supportive housing
assisted with a capital advance under subsection (d)(1) and
the amount of funds under such subsection that may be
invested on a per unit basis.
``(B) Waivers.--The Secretary [shall]may provide for waiver
of the cost limits applicable pursuant to subparagraph (A)--
``(i) in the cases in which the cost limits established
pursuant to section 212(e) of the Cranston-Gonzalez National
Affordable Housing Act may be waived; and
``(ii) to provide for--
``(I) the cost of special design features to make the
housing accessible to persons with disabilities;
``(II) the cost of special design features necessary to
make individual dwelling units meet the special needs of
persons with disabilities; and
``(III) the cost of providing the housing in a location
that is accessible to public transportation and community
organizations that provide supportive services to persons
with disabilities.''.
[(g) Repeal of Authority To Waive Size Limitations.--
Paragraph (1) of section 811(k) is amended--
[(1) in paragraph (1), by striking the second sentence; and
[(2) in paragraph (4), by striking ``(or such higher number
of persons'' and all that follows through ``subsection
(h)(6))''.]
(g) Congressional Notification of Waiver.--Section
811(k)(1) is amended by adding the following after the second
sentence: ``Not later than the date of the exercise of any
waiver permitted under the previous sentence, the Secretary
shall notify the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives of the waiver or the
intention to exercise the waiver, together with a detailed
explanation of the reason for the waiver.''.
(h) Minimum Allocation for Multifamily Projects.--
[Subsection (l) of section 811, as amended by the preceding
provisions of this Act, is further amended by inserting
before paragraph (2) the following new paragraph:]Paragraph
(1) of section 811(l) is amended to read as follows:
``(1) Minimum allocation for multifamily projects.--The
Secretary shall establish a minimum percentage of the amount
made available for each fiscal year for capital advances
under subsection (d)(1) that shall be used for multifamily
projects subject to subsection (e)(4).''.
SEC. 4. PROJECT RENTAL ASSISTANCE COMPETITIVE DEMONSTRATION
PROGRAM.
Section 811, as amended by the preceding provisions of this
Act, is further amended--
(1) by redesignating subsections (k) through (n) as
subsections (l) through (o), respectively; and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Project Rental Assistance-Only Competitive
Demonstration Program.--
``(1) Authority.--The Secretary shall carry out a
demonstration program under this subsection to expand the
supply of supportive housing for non-elderly adults with
disabilities, under which the Secretary shall make funds
available for project rental assistance pursuant to paragraph
(2) for eligible projects under paragraph (3). The Secretary
shall provide for State housing finance agencies and other
appropriate entities to apply to the Secretary for such
project rental assistance funds, which shall be made
available by such agencies and entities for dwelling units in
eligible projects based upon criteria established by the
Secretary for the demonstration program under this
subsection. The Secretary may not require any State housing
finance agency or other entity applying for project rental
assistance funds under the demonstration program to identify
in such application the eligible projects for which such
funds will be used, and shall allow such agencies and
applicants to subsequently identify such eligible projects
pursuant to the making of commitments described in paragraph
(3)(B).
``(2) Project rental assistance.--
``(A) Contract terms.--Project rental assistance under the
demonstration program under this subsection shall be
provided--
``(i) in accordance with subsection (d)(2);
``(ii) under a contract having an initial term of not less
than 180 months that provides funding for a term 60 months,
which funding shall be renewed upon expiration, subject to
the availability of sufficient amounts in appropriation Acts.
``(B) Limitation on units assisted.--Of the total number of
dwelling units in any multifamily housing project containing
any unit for which project rental assistance under the
demonstration program under this subsection is provided, the
aggregate number that are provided such project rental
assistance, that are used for supportive housing for persons
with disabilities, or to which any occupancy preference for
persons with disabilities applies, may not exceed 25 percent
of such total.
``(C) Prohibition of capital advances.--The Secretary may
not provide a capital advance under subsection (d)(1) for any
project for which assistance is provided under the
demonstration program.
``(D) Eligible population.--Project rental assistance under
the demonstration program under this subsection may be
provided only for dwelling units for extremely low-income
persons with disabilities and extremely low-income households
that include at least one person with a disability.
``(3) Eligible projects.--An eligible project under this
paragraph is a new or existing multifamily housing project
for which--
``(A) the development costs are paid with resources from
other public or private sources; and
``(B) a commitment has been made--
``(i) by the applicable State agency responsible for
allocation of low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, for an allocation of
such credits;
``(ii) by the applicable participating jurisdiction that
receives assistance under the HOME Investment Partnership
Act, for assistance from such jurisdiction; or
``(iii) by any Federal agency or any State or local
government, for funding for the project from funds from any
other sources.
``(4) State agency involvement.--Assistance under the
demonstration may be provided only for projects for which the
applicable State agency responsible for health and human
services programs, and the applicable State agency designated
to administer or supervise the administration of the State
plan for medical assistance under title XIX of the Social
Security Act, have entered into such agreements as the
Secretary considers appropriate--
``(A) to identify the target populations to be served by
the project;
``(B) to set forth methods for outreach and referral; and
``(C) to make available appropriate services for tenants of
the project.
``(5) Use requirements.--In the case of any project for
which project rental assistance is provided under the
demonstration program under this subsection, the dwelling
units assisted pursuant to paragraph (2) shall be operated
for not less than 30 years as supportive housing for persons
with disabilities, in accordance with the application for the
project approved by the Secretary, and such dwelling units
shall, during such period, be made available for occupancy
only by persons and households described in paragraph (2)(D).
``(6) Duration of demonstration.--The Secretary may provide
new project rental assistance contracts pursuant to the
demonstration program established under this subsection for a
period of not more than 5 years.
``([6]7) Report.--Upon the expiration of the 5-year period
[beginning on the date of the enactment of the Frank Melville
Supportive Housing Investment Act of 2009]set forth in
paragraph (6), the Secretary shall submit to the Congress a
report describing the demonstration program under this
subsection, analyzing the effectiveness of the program,
including the effectiveness of the program compared to the
program for capital advances in accordance with subsection
(d)(1) (as in effect pursuant to the amendments made by such
Act), and making recommendations regarding future models for
assistance under this section based upon the experiences
under the program.''.
SEC. 5. TECHNICAL CORRECTIONS.
Section 811 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``provides'' and inserting ``makes
available''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new paragraph:
``(3) promotes and facilitates community integration for
people with significant and long-term disabilities.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``special'' and inserting
``housing and community-based services''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) make available voluntary supportive services that
address the individual needs of persons with disabilities
occupying such housing;''; and
(ii) in subparagraph (B), by striking the comma and
inserting a semicolon;
(3) in subsection (d)(1), by striking ``provided under''
and all that follows through
[[Page S10447]]
``shall bear'' and inserting ``provided pursuant to
subsection (b)(1) shall bear'';
(4) in subsection (f)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking ``receive'' and
inserting ``be offered'';
(ii) by striking subparagraph (C) and inserting the
following:
``(C) evidence of the applicant's experience in--
``(i) providing such supportive services; or
``(ii) creating and managing structured partnerships with
service providers for the delivery of appropriate community-
based services;'';
(iii) in subparagraph (D), by striking ``such persons'' and
all that follows through ``provision of such services'' and
inserting ``tenants''; and
(iv) in subparagraph (E), by inserting ``other Federal,
and'' before ``State''; and
(B) in paragraph (4), by striking ``special'' and inserting
``housing and community-based services'';
(5) in subsection (g), in paragraph (1) (as so redesignated
by section 3(c)(1) of this Act)--
(A) in subparagraph (D) (as so redesignated by section
3(c)(2) of this Act), by striking ``the necessary supportive
services will be provided'' and inserting ``appropriate
supportive services will be made available''; and
(B) by striking subparagraph (E) (as so redesignated by
section 3(c)(2) of this Act) and inserting the following:
``(E) the extent to which the location and design of the
proposed project will facilitate the provision of community-
based supportive services and address other basic needs of
persons with disabilities, including access to appropriate
and accessible transportation, access to community services
agencies, public facilities, and shopping;'';
(6) in subsection (j)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively;
(7) in subsection (l) (as so redesignated by section 4(1)
of this Act)--
(A) in paragraph (1), by inserting before the period at the
end of the first sentence the following: ``, which provides a
separate bedroom for each tenant of the residence'';
(B) by striking paragraph (2) and inserting the following:
``(2)(A) The term `person with disabilities' means a person
who is 18 years of age or older and less than 62 years of
age, who--
``(i) has a disability as defined in section 223 of the
Social Security Act,
``(ii) is determined, pursuant to regulations issued by the
Secretary, to have a physical, mental, or emotional
impairment which--
``(I) is expected to be of long-continued and indefinite
duration;
``(II) substantially impedes his or her ability to live
independently; and
``(III) is of such a nature that such ability could be
improved by more suitable housing conditions; or
``(iii) has a developmental disability as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000.
``(B) Such term shall not exclude persons who have the
disease of acquired immunodeficiency syndrome or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome. Notwithstanding any other
provision of law, no individual shall be considered a person
with disabilities, for purposes of eligibility for low-income
housing under this title, solely on the basis of any drug or
alcohol dependence. The Secretary shall consult with other
appropriate Federal agencies to implement the preceding
sentence.
``(C) 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
subparagraph (A) 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.'';
(C) by striking paragraph (3) and inserting the following
new paragraph:
``(3) The term `supportive housing for persons with
disabilities' means dwelling units that--
``(A) are designed to meet the permanent housing needs of
very low-income persons with disabilities; and
``(B) are located in housing that make available supportive
services that address the individual health, mental health,
or other needs of such persons.'';
(D) in paragraph (5), by striking ``a project for''; and
(E) in paragraph (6)--
(i) by inserting after and below subparagraph (D) the
matter to be inserted by the amendment made by section 841 of
the American Homeownership and Economic Opportunity Act of
2000 (Public Law 106-569; 114 Stat. 3022); and
(ii) in the matter inserted by the amendment made by
subparagraph (A) of this paragraph, by striking ``wholly
owned and''; and
(8) in subsection (m) (as so redesignated by section 4(1)
of this Act)--
(A) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (3), by striking ``subsection (c)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Subsection (n) of section 811 (as so redesignated by
section 4(1) of this Act) is amended to read as follows:
``(n) Authorization of Appropriations.--There is authorized
to be appropriated for each of fiscal years [2009 through
2012]2011 through 2015 the following amounts:
``(1) Capital advance/prac program.--For providing
assistance pursuant to subsection (b), such sums as may be
necessary.
``(2) Demonstration program.--For carrying out the
demonstration program under subsection (k), such sums as may
be necessary to provide 2,500 incremental dwelling units
under such program in fiscal year [2009]2011 and 5,000
incremental dwelling units under such program in each of
fiscal years [2010, 2011, and 2012]2012, 2013, 2014, and
2015.''.
SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE.
Not later than the expiration of the 180-day period
beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue new
regulations and guidance for the program under section 811 of
the Cranston-Gonzalez National Affordable Housing Act for
supportive housing for persons with disabilities to carry out
such program in accordance with the amendments made by this
Act.
SEC. 8. GAO STUDY.
The Comptroller General of the United States shall conduct
a study of the supportive housing for persons with
disabilities program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013) to
determine the adequacy and effectiveness of such program in
assisting households of persons with disabilities. Such study
shall determine--
(1) the total number of households assisted under such
program;
(2) the extent to which households assisted under other
programs of the Department of Housing and Urban Development
that provide rental assistance or rental housing would be
eligible to receive assistance under such section 811
program; and
(3) the extent to which households described in paragraph
(2) who are eligible for, but not receiving, assistance under
such section 811 program are receiving supportive services
from, or assisted by, the Department of Housing and Urban
Development other than through the section 811 program
(including under the Resident Opportunity and Self-
Sufficiency program) or from other sources.
Upon the completion of the study required under this section,
the Comptroller General shall submit a report to the Congress
setting forth the findings and conclusions of the study.
Mr. KERRY. Mr. President, I ask unanimous consent the committee-
reported amendments be considered, a Johanns amendment which is at the
desk be agreed to, that the committee-reported amendments, as amended,
be agreed to, the bill as amended be read a third time and passed, the
motions to reconsider be laid upon the table, with no intervening
action or debate, and any statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4836) was agreed to, as follows:
On page 19, line 9, strike ``811(k)(1) is amended by adding
the following'' and insert the following: ``811(k) is
amended--
``(1) in paragraph (1), by adding the following''
On page 19, line 16, strike the second period and insert
the following: ``; and''.
On page 19, between lines 16 and 17, insert the following:
(2) in paragraph (4)--
(A) by striking ``prescribe, subject to the limitation
under subsection (h)(6) of this section)'' and inserting
``prescribe)''; and
(B) by adding the following after the first sentence: ``Not
later than the date that the Secretary prescribes a limit
exceeding the 24 person limit in the previous sentence, the
Secretary shall notify the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives of the limit or the
intention to prescribe a limit in excess of 24 persons,
together with a detailed explanation of the reason for the
new limit.''.
On page 20, strike line 4 and all that follows through page
25, line 14, and insert the following:
SEC. 4. PROJECT RENTAL ASSISTANCE.
Section 811(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``is
authorized--'' and inserting ``is authorized to take the
following actions:'';
(2) in paragraph (1)--
(A) by striking ``(1) to provide tenant-based'' and
inserting ``(1) Tenant-based assistance.--To provide tenant-
based''; and
(B) by striking ``; and'' and inserting a period;
[[Page S10448]]
(3) in paragraph (2), by striking ``(2) to provide
assistance'' and inserting ``(2) Capital advances.--To
provide assistance''; and
(4) by adding at the end the following:
``(3) Project rental assistance.--
``(A) In general.--To offer additional methods of financing
supportive housing for non-elderly adults with disabilities,
the Secretary shall make funds available for project rental
assistance pursuant to subparagraph (B) for eligible projects
under subparagraph (C). The Secretary shall provide for State
housing finance agencies and other appropriate entities to
apply to the Secretary for such project rental assistance
funds, which shall be made available by such agencies and
entities for dwelling units in eligible projects based upon
criteria established by the Secretary. The Secretary may not
require any State housing finance agency or other entity
applying for such project rental assistance funds to identify
in such application the eligible projects for which such
funds will be used, and shall allow such agencies and
applicants to subsequently identify such eligible projects
pursuant to the making of commitments described in
subparagraph (C)(ii).
``(B) Contract terms.--
``(i) Contract terms.--Project rental assistance under this
paragraph shall be provided--
``(I) in accordance with subsection (d)(2); and
``(II) under a contract having an initial term of not less
than 180 months that provides funding for a term 60 months,
which funding shall be renewed upon expiration, subject to
the availability of sufficient amounts in appropriation Acts.
``(ii) Limitation on units assisted.--Of the total number
of dwelling units in any multifamily housing project
containing any unit for which project rental assistance under
this paragraph is provided, the aggregate number that are
provided such project rental assistance, that are used for
supportive housing for persons with disabilities, or to which
any occupancy preference for persons with disabilities
applies, may not exceed 25 percent of such total.
``(iii) Prohibition of capital advances.--The Secretary may
not provide a capital advance under subsection (d)(1) for any
project for which assistance is provided under this
paragraph.
``(iv) Eligible population.--Project rental assistance
under this paragraph may be provided only for dwelling units
for extremely low-income persons with disabilities and
extremely low-income households that include at least one
person with a disability.
``(C) Eligible projects.--An eligible project under this
subparagraph is a new or existing multifamily housing project
for which--
``(i) the development costs are paid with resources from
other public or private sources; and
``(ii) a commitment has been made--
``(I) by the applicable State agency responsible for
allocation of low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, for an allocation of
such credits;
``(II) by the applicable participating jurisdiction that
receives assistance under the HOME Investment Partnership
Act, for assistance from such jurisdiction; or
``(III) by any Federal agency or any State or local
government, for funding for the project from funds from any
other sources.
``(D) State agency involvement.--Assistance under this
paragraph may be provided only for projects for which the
applicable State agency responsible for health and human
services programs, and the applicable State agency designated
to administer or supervise the administration of the State
plan for medical assistance under title XIX of the Social
Security Act, have entered into such agreements as the
Secretary considers appropriate--
``(i) to identify the target populations to be served by
the project;
``(ii) to set forth methods for outreach and referral; and
``(iii) to make available appropriate services for tenants
of the project.
``(E) Use requirements.--In the case of any project for
which project rental assistance is provided under this
paragraph, the dwelling units assisted pursuant to
subparagraph (B) shall be operated for not less than 30 years
as supportive housing for persons with disabilities, in
accordance with the application for the project approved by
the Secretary, and such dwelling units shall, during such
period, be made available for occupancy only by persons and
households described in subparagraph (B)(iv).
``(F) Report.--Not later than 3 years after the date of the
enactment of this paragraph, and again 2 years thereafter,
the Secretary shall submit to Congress a report--
``(i) describing the assistance provided under this
paragraph;
``(ii) analyzing the effectiveness of such assistance,
including the effectiveness of such assistance compared to
the assistance program for capital advances set forth under
subsection (d)(1) (as in effect pursuant to the amendments
made by such Act); and
``(iii) making recommendations regarding future models for
assistance under this section.''.
On page 28, line 20, strike ``(l)'' and all that follows
through ``Act)'' on line 21, and insert ``(k)''.
On page 29, strike line 1, and all that follows through
page 30, line 23, and inserting the following:
(B) in paragraph (2), by striking the first sentence, and
inserting the following: ``The term `person with
disabilities' means a household composed of one or more
persons who is 18 years of age or older and less than 62
years of age, and who has a disability.'';
On page 31, line 23, strike ``(m)'' and all that follows
through ``Act)'' on line 24, and insert ``(l)''.
On page 32, strike lines 7 through 24, and insert the
following:
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Subsection (m) of section 811 is amended to read as
follows:
``(m) Authorization of Appropriations.--There are
authorized to be appropriated for providing assistance
pursuant to this section $300,000,000 for each of fiscal
years 2011 through 2015.''.
On page 33, strike lines 1 through 9.
On page 33, line 10, strike ``SEC. 8.'' and insert ``SEC.
7.''.
The committee amendments, as amended, were agreed to.
The bill (S. 1481), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1481
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Frank
Melville Supportive Housing Investment Act of 2010''.
(b) References.--Except as otherwise expressly provided,
wherever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, section 811 or any
other provision of section 811, the reference shall be
considered to be made to section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013).
SEC. 2. TENANT-BASED RENTAL ASSISTANCE.
(a) Renewal Through Section 8.--Section 811(d)(4) is
amended to read as follows:
``(4) Tenant-based rental assistance.--
``(A) In general.--Tenant-based rental assistance provided
under subsection (b)(1) shall be provided under section 8(o)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
``(B) Conversion of existing assistance.--There is
authorized to be appropriated for tenant-based rental
assistance under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) for persons with
disabilities an amount not less than the amount necessary to
convert the number of authorized vouchers and funding under
an annual contributions contract in effect on the date of
enactment of the Frank Melville Supportive Housing Investment
Act of 2010. Such converted vouchers may be administered by
the entity administering the vouchers prior to conversion.
For purposes of administering such converted vouchers, such
entities shall be considered a `public housing agency'
authorized to engage in the operation of tenant-based
assistance under section 8 of the United States Housing Act
of 1937.
``(C) Requirements upon turnover.--The Secretary shall
develop and issue, to public housing agencies that receive
voucher assistance made available under this subsection and
to public housing agencies that received voucher assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) for non-elderly disabled families
pursuant to appropriation Acts for fiscal years 1997 through
2002 or any other subsequent appropriations for incremental
vouchers for non-elderly disabled families, guidance to
ensure that, to the maximum extent possible, such vouchers
continue to be provided upon turnover to qualified persons
with disabilities or to qualified non-elderly disabled
families, respectively.''.
(b) Provision of Technical Assistance.--The Secretary is
authorized to the extent amounts are made available in future
appropriations Acts, to provide technical assistance to
public housing agencies and other administering entities to
facilitate using vouchers to provide permanent supportive
housing for persons with disabilities, help States reduce
reliance on segregated restrictive settings for people with
disabilities to meet community care requirements, end chronic
homelessness, as ``chronically homeless'' is defined in
section 401 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11361), and for other related purposes.
SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM.
(a) Project Rental Assistance Contracts.--Section 811 is
amended--
(1) in subsection (d)(2)--
(A) by inserting ``(A) Initial project rental assistance
contract.--'' after ``Project rental assistance.--'';
(B) in the first sentence, by inserting after ``shall'' the
following: ``comply with subsection (e)(2) and shall'';
(C) by striking ``annual contract amount'' each place such
term appears and inserting ``amount provided under the
contract for each year covered by the contract''; and
(D) by adding at the end the following new subparagraph:
``(B) Renewal of and increases in contract amounts.--
``(i) Expiration of contract term.--Upon the expiration of
each contract term, subject to the availability of amounts
made available in appropriation Acts, the Secretary shall
adjust the annual contract amount to
[[Page S10449]]
provide for reasonable project costs, including adequate
reserves and service coordinators as appropriate, except that
any contract amounts not used by a project during a contract
term shall not be available for such adjustments upon
renewal.
``(ii) Emergency situations.--In the event of emergency
situations that are outside the control of the owner, the
Secretary shall increase the annual contract amount, subject
to reasonable review and limitations as the Secretary shall
provide.''.
(2) in subsection (e)(2)--
(A) in the first sentence, by inserting before the period
at the end the following: ``, except that, in the case of the
sponsor of a project assisted with any low-income housing tax
credit pursuant to section 42 of the Internal Revenue Code of
1986 or with any tax-exempt housing bonds, the contract shall
have an initial term of not less than 360 months and shall
provide funding for a term of 60 months''; and
(B) by striking ``extend any expiring contract'' and insert
``upon expiration of a contract (or any renewed contract),
renew such contract''.
(b) Program Requirements.--Section 811 is amended--
(1) in subsection (e)--
(A) by striking the subsection heading and inserting the
following: ``Program Requirements'';
(B) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Use restrictions.--
``(A) Term.--Any project for which a capital advance is
provided under subsection (d)(1) shall be operated for not
less than 40 years as supportive housing for persons with
disabilities, in accordance with the application for the
project approved by the Secretary and shall, during such
period, be made available for occupancy only by very low-
income persons with disabilities.
``(B) Conversion.--If the owner of a project requests the
use of the project for the direct benefit of very low-income
persons with disabilities and, pursuant to such request the
Secretary determines that a project is no longer needed for
use as supportive housing for persons with disabilities, the
Secretary may approve the request and authorize the owner to
convert the project to such use.''; and
(C) by adding at the end the following new paragraphs:
``(3) Limitation on use of funds.--No assistance received
under this section (or any State or local government funds
used to supplement such assistance) may be used to replace
other State or local funds previously used, or designated for
use, to assist persons with disabilities.
``(4) Multifamily projects.--
``(A) Limitation.--Except as provided in subparagraph (B),
of the total number of dwelling units in any multifamily
housing project (including any condominium or cooperative
housing project) containing any unit for which assistance is
provided from a capital grant under subsection (d)(1) made
after the date of the enactment of the Frank Melville
Supportive Housing Investment Act of 2010, the aggregate
number that are used for persons with disabilities, including
supportive housing for persons with disabilities, or to which
any occupancy preference for persons with disabilities
applies, may not exceed 25 percent of such total.
``(B) Exception.--Subparagraph (A) shall not apply in the
case of any project that is a group home or independent
living facility.''; and
(2) in subsection (l), by striking paragraph (4).
(c) Delegated Processing.--Subsection (g) of section 811
(42 U.S.C. 8013(g)) is amended--
(1) by striking ``Selection Criteria.--'' and inserting
``Selection Criteria and Processing.--(1) Selection
criteria.--'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as subparagraphs (A), (B), (C), (D), (E), (G),
and (H), respectively; and
(3) by adding at the end the following new paragraph:
``(2) Delegated Processing.--
``(A) In issuing a capital advance under subsection (d)(1)
for any multifamily project (but not including any project
that is a group home or independent living facility) for
which financing for the purposes described in the last
sentence of subsection (b) is provided by a combination of
the capital advance and sources other than this section,
within 30 days of award of the capital advance, the Secretary
shall delegate review and processing of such projects to a
State or local housing agency that--
``(i) is in geographic proximity to the property;
``(ii) has demonstrated experience in and capacity for
underwriting multifamily housing loans that provide housing
and supportive services;
``(iii) may or may not be providing low-income housing tax
credits in combination with the capital advance under this
section; and
``(iv) agrees to issue a firm commitment within 12 months
of delegation.
``(B) The Secretary shall retain the authority to process
capital advances in cases in which no State or local housing
agency is sufficiently qualified to provide delegated
processing pursuant to this paragraph or no such agency has
entered into an agreement with the Secretary to serve as a
delegated processing agency.
``(C) The Secretary shall--
``(i) develop criteria and a timeline to periodically
assess the performance of State and local housing agencies in
carrying out the duties delegated to such agencies pursuant
to subparagraph (A); and
``(ii) retain the authority to review and process projects
financed by a capital advance in the event that, after a
review and assessment, a State or local housing agency is
determined to have failed to satisfy the criteria established
pursuant to clause (i).
``(D) An agency to which review and processing is delegated
pursuant to subparagraph (A) may assess a reasonable fee
which shall be included in the capital advance amounts and
may recommend project rental assistance amounts in excess of
those initially awarded by the Secretary. The Secretary shall
develop a schedule for reasonable fees under this
subparagraph to be paid to delegated processing agencies,
which shall take into consideration any other fees to be paid
to the agency for other funding provided to the project by
the agency, including bonds, tax credits, and other gap
funding.
``(E) Under such delegated system, the Secretary shall
retain the authority to approve rents and development costs
and to execute a capital advance within 60 days of receipt of
the commitment from the State or local agency. The Secretary
shall provide to such agency and the project sponsor, in
writing, the reasons for any reduction in capital advance
amounts or project rental assistance and such reductions
shall be subject to appeal.''.
(d) Leveraging Other Resources.--Paragraph (1) of section
811(g) (as so designated by subsection (c)(1) of this
section) is amended by inserting after subparagraph (E) (as
so redesignated by subsection (c)(2) of this section) the
following new subparagraph:
``(F) the extent to which the per-unit cost of units to be
assisted under this section will be supplemented with
resources from other public and private sources;''.
(e) Tenant Protections and Eligibility for Occupancy.--
Section 811 is amended by striking subsection (i) and
inserting the following new subsection:
``(i) Admission and Occupancy.--
``(1) Tenant selection.--
``(A) Procedures.--An owner shall adopt written tenant
selection procedures that are satisfactory to the Secretary
as (i) consistent with the purpose of improving housing
opportunities for very low-income persons with disabilities;
and (ii) 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.
``(B) Requirement for occupancy.--Occupancy in dwelling
units provided assistance under this section shall be
available only to persons with disabilities and households
that include at least one person with a disability.
``(C) Availability.--Except only as provided in
subparagraph (D), occupancy in dwelling units in housing
provided with assistance under this section shall be
available to all persons with disabilities eligible for such
occupancy without regard to the particular disability
involved.
``(D) Limitation on occupancy.--Notwithstanding any other
provision of law, the owner of housing developed under this
section may, with the approval of the Secretary, limit
occupancy within the housing to persons with disabilities who
can benefit from the supportive services offered in
connection with the housing.
``(2) Tenant protections.--
``(A) Lease.--The lease between a tenant and an owner of
housing assisted under this section shall be for not less
than one year, and shall contain such terms and conditions as
the Secretary shall determine to be appropriate.
``(B) Termination of tenancy.--An owner may not terminate
the tenancy or refuse to renew the lease of a tenant of a
rental dwelling unit assisted under this section except--
``(i) for serious or repeated violation of the terms and
conditions of the lease, for violation of applicable Federal,
State, or local law, or for other good cause; and
``(ii) by providing the tenant, not less than 30 days
before such termination or refusal to renew, with written
notice specifying the grounds for such action.
``(C) Voluntary participation in services.--A supportive
service plan for housing assisted under this section shall
permit each resident to take responsibility for choosing and
acquiring their own services, to receive any supportive
services made available directly or indirectly by the owner
of such housing, or to not receive any supportive
services.''.
(f) Development Cost Limitations.--Subsection (h) of
section 811 is amended--
(1) in paragraph (1)--
(A) by striking the paragraph heading and inserting ``Group
homes'';
(B) in the first sentence, by striking ``various types and
sizes'' and inserting ``group homes'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(2) in paragraph (3), by inserting ``established pursuant
to paragraph (1)'' after ``cost limitation''; and
(3) by adding at the end the following new paragraph:
``(6) Applicability of home program cost limitations.--
``(A) In general.--The provisions of section 212(e) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742(e))
[[Page S10450]]
and the cost limits established by the Secretary pursuant to
such section with respect to the amount of funds under
subtitle A of title II of such Act that may be invested on a
per unit basis, shall apply to supportive housing assisted
with a capital advance under subsection (d)(1) and the amount
of funds under such subsection that may be invested on a per
unit basis.
``(B) Waivers.--The Secretary may provide for waiver of the
cost limits applicable pursuant to subparagraph (A)--
``(i) in the cases in which the cost limits established
pursuant to section 212(e) of the Cranston-Gonzalez National
Affordable Housing Act may be waived; and
``(ii) to provide for--
``(I) the cost of special design features to make the
housing accessible to persons with disabilities;
``(II) the cost of special design features necessary to
make individual dwelling units meet the special needs of
persons with disabilities; and
``(III) the cost of providing the housing in a location
that is accessible to public transportation and community
organizations that provide supportive services to persons
with disabilities.''.
(g) Congressional Notification of Waiver.--Section 811(k)
is amended--
(1) in paragraph (1), by adding the following after the
second sentence: ``Not later than the date of the exercise of
any waiver permitted under the previous sentence, the
Secretary shall notify the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives of the waiver or the
intention to exercise the waiver, together with a detailed
explanation of the reason for the waiver.''; and
(2) in paragraph (4)--
(A) by striking ``prescribe, subject to the limitation
under subsection (h)(6) of this section)'' and inserting
``prescribe)''; and
(B) by adding the following after the first sentence: ``Not
later than the date that the Secretary prescribes a limit
exceeding the 24 person limit in the previous sentence, the
Secretary shall notify the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives of the limit or the
intention to prescribe a limit in excess of 24 persons,
together with a detailed explanation of the reason for the
new limit.''.
(h) Minimum Allocation for Multifamily Projects.--Paragraph
(1) of section 811(l) is amended to read as follows:
``(1) Minimum allocation for multifamily projects.--The
Secretary shall establish a minimum percentage of the amount
made available for each fiscal year for capital advances
under subsection (d)(1) that shall be used for multifamily
projects subject to subsection (e)(4).''.
SEC. 4. PROJECT RENTAL ASSISTANCE.
Section 811(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``is
authorized--'' and inserting ``is authorized to take the
following actions:'';
(2) in paragraph (1)--
(A) by striking ``(1) to provide tenant-based'' and
inserting ``(1) Tenant-based assistance.--To provide tenant-
based''; and
(B) by striking ``; and'' and inserting a period;
(3) in paragraph (2), by striking ``(2) to provide
assistance'' and inserting ``(2) Capital advances.--To
provide assistance''; and
(4) by adding at the end the following:
``(3) Project rental assistance.--
``(A) In general.--To offer additional methods of financing
supportive housing for non-elderly adults with disabilities,
the Secretary shall make funds available for project rental
assistance pursuant to subparagraph (B) for eligible projects
under subparagraph (C). The Secretary shall provide for State
housing finance agencies and other appropriate entities to
apply to the Secretary for such project rental assistance
funds, which shall be made available by such agencies and
entities for dwelling units in eligible projects based upon
criteria established by the Secretary. The Secretary may not
require any State housing finance agency or other entity
applying for such project rental assistance funds to identify
in such application the eligible projects for which such
funds will be used, and shall allow such agencies and
applicants to subsequently identify such eligible projects
pursuant to the making of commitments described in
subparagraph (C)(ii).
``(B) Contract terms.--
``(i) Contract terms.--Project rental assistance under this
paragraph shall be provided--
``(I) in accordance with subsection (d)(2); and
``(II) under a contract having an initial term of not less
than 180 months that provides funding for a term 60 months,
which funding shall be renewed upon expiration, subject to
the availability of sufficient amounts in appropriation Acts.
``(ii) Limitation on units assisted.--Of the total number
of dwelling units in any multifamily housing project
containing any unit for which project rental assistance under
this paragraph is provided, the aggregate number that are
provided such project rental assistance, that are used for
supportive housing for persons with disabilities, or to which
any occupancy preference for persons with disabilities
applies, may not exceed 25 percent of such total.
``(iii) Prohibition of capital advances.--The Secretary may
not provide a capital advance under subsection (d)(1) for any
project for which assistance is provided under this
paragraph.
``(iv) Eligible population.--Project rental assistance
under this paragraph may be provided only for dwelling units
for extremely low-income persons with disabilities and
extremely low-income households that include at least one
person with a disability.
``(C) Eligible projects.--An eligible project under this
subparagraph is a new or existing multifamily housing project
for which--
``(i) the development costs are paid with resources from
other public or private sources; and
``(ii) a commitment has been made--
``(I) by the applicable State agency responsible for
allocation of low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, for an allocation of
such credits;
``(II) by the applicable participating jurisdiction that
receives assistance under the HOME Investment Partnership
Act, for assistance from such jurisdiction; or
``(III) by any Federal agency or any State or local
government, for funding for the project from funds from any
other sources.
``(D) State agency involvement.--Assistance under this
paragraph may be provided only for projects for which the
applicable State agency responsible for health and human
services programs, and the applicable State agency designated
to administer or supervise the administration of the State
plan for medical assistance under title XIX of the Social
Security Act, have entered into such agreements as the
Secretary considers appropriate--
``(i) to identify the target populations to be served by
the project;
``(ii) to set forth methods for outreach and referral; and
``(iii) to make available appropriate services for tenants
of the project.
``(E) Use requirements.--In the case of any project for
which project rental assistance is provided under this
paragraph, the dwelling units assisted pursuant to
subparagraph (B) shall be operated for not less than 30 years
as supportive housing for persons with disabilities, in
accordance with the application for the project approved by
the Secretary, and such dwelling units shall, during such
period, be made available for occupancy only by persons and
households described in subparagraph (B)(iv).
``(F) Report.--Not later than 3 years after the date of the
enactment of this paragraph, and again 2 years thereafter,
the Secretary shall submit to Congress a report--
``(i) describing the assistance provided under this
paragraph;
``(ii) analyzing the effectiveness of such assistance,
including the effectiveness of such assistance compared to
the assistance program for capital advances set forth under
subsection (d)(1) (as in effect pursuant to the amendments
made by such Act); and
``(iii) making recommendations regarding future models for
assistance under this section.''.
SEC. 5. TECHNICAL CORRECTIONS.
Section 811 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``provides'' and inserting ``makes
available''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new paragraph:
``(3) promotes and facilitates community integration for
people with significant and long-term disabilities.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``special'' and inserting
``housing and community-based services''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) make available voluntary supportive services that
address the individual needs of persons with disabilities
occupying such housing;''; and
(ii) in subparagraph (B), by striking the comma and
inserting a semicolon;
(3) in subsection (d)(1), by striking ``provided under''
and all that follows through ``shall bear'' and inserting
``provided pursuant to subsection (b)(1) shall bear'';
(4) in subsection (f)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking ``receive'' and
inserting ``be offered'';
(ii) by striking subparagraph (C) and inserting the
following:
``(C) evidence of the applicant's experience in--
``(i) providing such supportive services; or
``(ii) creating and managing structured partnerships with
service providers for the delivery of appropriate community-
based services;'';
(iii) in subparagraph (D), by striking ``such persons'' and
all that follows through ``provision of such services'' and
inserting ``tenants''; and
(iv) in subparagraph (E), by inserting ``other Federal,
and'' before ``State''; and
(B) in paragraph (4), by striking ``special'' and inserting
``housing and community-based services'';
(5) in subsection (g), in paragraph (1) (as so redesignated
by section 3(c)(1) of this Act)--
[[Page S10451]]
(A) in subparagraph (D) (as so redesignated by section
3(c)(2) of this Act), by striking ``the necessary supportive
services will be provided'' and inserting ``appropriate
supportive services will be made available''; and
(B) by striking subparagraph (E) (as so redesignated by
section 3(c)(2) of this Act) and inserting the following:
``(E) the extent to which the location and design of the
proposed project will facilitate the provision of community-
based supportive services and address other basic needs of
persons with disabilities, including access to appropriate
and accessible transportation, access to community services
agencies, public facilities, and shopping;'';
(6) in subsection (j)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively;
(7) in subsection (k)--
(A) in paragraph (1), by inserting before the period at the
end of the first sentence the following: ``, which provides a
separate bedroom for each tenant of the residence'';
(B) in paragraph (2), by striking the first sentence, and
inserting the following: ``The term `person with
disabilities' means a household composed of one or more
persons who is 18 years of age or older and less than 62
years of age, and who has a disability.'';
(C) by striking paragraph (3) and inserting the following
new paragraph:
``(3) The term `supportive housing for persons with
disabilities' means dwelling units that--
``(A) are designed to meet the permanent housing needs of
very low-income persons with disabilities; and
``(B) are located in housing that make available supportive
services that address the individual health, mental health,
or other needs of such persons.'';
(D) in paragraph (5), by striking ``a project for''; and
(E) in paragraph (6)--
(i) by inserting after and below subparagraph (D) the
matter to be inserted by the amendment made by section 841 of
the American Homeownership and Economic Opportunity Act of
2000 (Public Law 106-569; 114 Stat. 3022); and
(ii) in the matter inserted by the amendment made by
subparagraph (A) of this paragraph, by striking ``wholly
owned and''; and
(8) in subsection (l)--
(A) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (3), by striking ``subsection (c)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Subsection (m) of section 811 is amended to read as
follows:
``(m) Authorization of Appropriations.--There are
authorized to be appropriated for providing assistance
pursuant to this section $300,000,000 for each of fiscal
years 2011 through 2015.''.
SEC. 7. GAO STUDY.
The Comptroller General of the United States shall conduct
a study of the supportive housing for persons with
disabilities program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013) to
determine the adequacy and effectiveness of such program in
assisting households of persons with disabilities. Such study
shall determine--
(1) the total number of households assisted under such
program;
(2) the extent to which households assisted under other
programs of the Department of Housing and Urban Development
that provide rental assistance or rental housing would be
eligible to receive assistance under such section 811
program; and
(3) the extent to which households described in paragraph
(2) who are eligible for, but not receiving, assistance under
such section 811 program are receiving supportive services
from, or assisted by, the Department of Housing and Urban
Development other than through the section 811 program
(including under the Resident Opportunity and Self-
Sufficiency program) or from other sources.
Upon the completion of the study required under this section,
the Comptroller General shall submit a report to the Congress
setting forth the findings and conclusions of the study.
The PRESIDING OFFICER. The Senator from New Mexico.
____________________Legislative Activity
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Senate amendment submitted
December 17, 2010
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Senate amendment submitted
December 17, 2010
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Senate amendment agreed to: Amendment SA 4836 agreed to in Senate by Unanimous Consent.
December 17, 2010
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Senate amendment proposed (on the floor): Amendment SA 4836 proposed by Senator Kerry for Senator Johanns.(consideration: CR S10447-10448; text: CR S10447-10448)
December 17, 2010
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Amendment SA 4836 proposed by Senator Kerry for Senator Johanns. (consideration: CR S10447-10448; text: CR S10447-10448) To improve the bill.
December 17, 2010
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Amendment SA 4836 agreed to in Senate by Unanimous Consent.
December 17, 2010