S.Amdt. 4836Senate111th Congress (2009-2011)

To improve the bill.

What it does: 9 changes: replaces text in 7 places, inserts text, strikes text
Submitted December 17, 2010

What it changes

9 changes to S. 1481 · 3 shown in the bill's text

Replaces text in 7 placesInserts textStrikes text

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Replaces “811(k)(1) is amended by adding the following” with new text

    ReplacesPage 19, line 9Printed page

    In S. 1481 · Reported to Senate

    "(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.".

    Inserted: (g) Congressional Notification of Waiver.--Section 811(k) is amended--

    [inserted: "]([struck: g][inserted: 1]) [struck: Congressional Notification of Waiver.--Section 811][inserted: in paragraph ]([struck: k)(]1)[struck: is amended ][inserted: , ]by adding the following[inserted: "] 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.-- Paragraph (1) of section 811(l) is amended to read as follows:

    Original wording

    On page 19, line 9, strike “811(k)(1) is amended by adding the following” and insert the following: “811(k) is amended--

  2. Change 2: Inserts new text on page 19, between lines 16 and 17

    Inserted: (2) in paragraph (4)--

    Inserted: (A) by striking "prescribe, subject to the limitation under subsection (h)(6) of this section)" and inserting "prescribe)"; and

    Inserted: (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.".

    Original wording

    On page 19, between lines 16 and 17, insert the following:

  3. Change 3: Rewrites page 20, line 4 through page 25, line 14

    ReplacesPrinted page

    Removes page 20, line 4 through page 25, line 14 of the printed bill. See that page

    Inserted: SEC. 4. PROJECT RENTAL ASSISTANCE.

    Inserted: Section 811(b) is amended--

    Inserted: (1) in the matter preceding paragraph (1), by striking "is authorized--" and inserting "is authorized to take the following actions:";

    Inserted: (2) in paragraph (1)--

    Inserted: (A) by striking "(1) to provide tenant-based" and inserting "(1) Tenant-based assistance.--To provide tenant-based"; and

    Inserted: (B) by striking "; and" and inserting a period;

    Inserted: (3) in paragraph (2), by striking "(2) to provide assistance" and inserting "(2) Capital advances.--To provide assistance"; and

    Inserted: (4) by adding at the end the following:

    Inserted: "(3) Project rental assistance.--

    Inserted: "(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).

    Inserted: "(B) Contract terms.--

    Inserted: "(i) Contract terms.--Project rental assistance under this paragraph shall be provided--

    Show 20 more inserted paragraphs

    Inserted: "(I) in accordance with subsection (d)(2); and

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(C) Eligible projects.--An eligible project under this subparagraph is a new or existing multifamily housing project for which--

    Inserted: "(i) the development costs are paid with resources from other public or private sources; and

    Inserted: "(ii) a commitment has been made--

    Inserted: "(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;

    Inserted: "(II) by the applicable participating jurisdiction that receives assistance under the HOME Investment Partnership Act, for assistance from such jurisdiction; or

    Inserted: "(III) by any Federal agency or any State or local government, for funding for the project from funds from any other sources.

    Inserted: "(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--

    Inserted: "(i) to identify the target populations to be served by the project;

    Inserted: "(ii) to set forth methods for outreach and referral; and

    Inserted: "(iii) to make available appropriate services for tenants of the project.

    Inserted: "(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).

    Inserted: "(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--

    Inserted: "(i) describing the assistance provided under this paragraph;

    Inserted: "(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

    Inserted: "(iii) making recommendations regarding future models for assistance under this section.".

    Original wording

    On page 20, strike line 4 and all that follows through page 25, line 14, and insert the following:

  4. Change 4: Replaces “(l)” through “Act)” with “(k)”

    ReplacesPage 28, lines 20–21Printed page

    [struck: (l) … Act)][inserted: (k)]

    Original wording

    On page 28, line 20, strike “(l)” and all that follows through “Act)” on line 21, and insert “(k)”.

  5. Change 5: Rewrites page 29, line 1 through page 30, line 23

    ReplacesPrinted page

    Removes page 29, line 1 through page 30, line 23 of the printed bill. See that page

    Inserted: (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.";

    Original wording

    On page 29, strike line 1, and all that follows through page 30, line 23, and inserting the following:

  6. Change 6: Replaces “(m)” through “Act)” with “(l)”

    ReplacesPage 31, lines 23–24Printed page

    In S. 1481 · Reported to Senate

    (ii) in the matter inserted by the amendment made by subparagraph (A) of this paragraph, by striking "wholly owned and"; and

    Struck: (8) in subsection (m) (as so redesignated by section 4(1) of this Act)--

    Inserted: (8) in subsection (l)--

    (A) in paragraph (2), by striking "subsection (c)(1)" and inserting "subsection (d)(1)"; and

    Original wording

    On page 31, line 23, strike “(m)” and all that follows through “Act)” on line 24, and insert “(l)”.

  7. Change 7: Rewrites page 32, lines 7–24

    ReplacesPrinted page

    Removes page 32, lines 7–24 of the printed bill. See that page

    Inserted: SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: Subsection (m) of section 811 is amended to read as follows:

    Inserted: "(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.".

    Original wording

    On page 32, strike lines 7 through 24, and insert the following:

  8. Change 8: Strikes page 33, lines 1–9

    Removes page 33, lines 1–9 of the printed bill. See that page

    Original wording

    On page 33, strike lines 1 through 9.

  9. Change 9: Replaces “SEC. 8.” with “SEC. 7.”

    ReplacesPage 33, line 10Printed page

    In S. 1481 · Reported to Senate

    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. [struck: 8][inserted: 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--

    Original wording

    On page 33, line 10, strike “SEC. 8.” and insert “SEC. 7.”

Shown as written

On page 19, line 16, strike the second period and insert the following: “; and”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4836. Mr. KERRY (for Mr. Johanns) proposed an amendment to the 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; 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;

(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.”

Legislative Activity

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Senate amendment submitted

December 17, 2010

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Senate amendment submitted

December 17, 2010

Floor

Senate amendment agreed to: Amendment SA 4836 agreed to in Senate by Unanimous Consent.

December 17, 2010

Floor

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

Floor

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

Floor

Amendment SA 4836 agreed to in Senate by Unanimous Consent.

December 17, 2010