II 

111TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2009 

Mr. MENENDEZ (for himself and Mr. JOHANNS) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; REFERENCES. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Frank Melville Supportive Housing Investment Act of 

6 2009’’. 

7 (b) REFERENCES.—Except as otherwise expressly 

8 provided, wherever in this Act an amendment or repeal 


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1 is expressed in terms of an amendment to, or repeal of, 

2 section 811 or any other provision of section 811, the ref3 erence shall be considered to be made to section 811 of 

4 the Cranston-Gonzalez National Affordable Housing Act 

5 (42 U.S.C. 8013). 

6 SEC. 2. TENANT-BASED RENTAL ASSISTANCE THROUGH 

7 CERTIFICATE FUND. 

8 (a) TERMINATION OF MAINSTREAM TENANT-BASED

9 RENTAL ASSISTANCE PROGRAM.—Section 811 is amend10 ed— 

11 (1) in subsection (b)— 

12 (A) by striking the subsection designation 

13 and all that follows through the end of subpara14 graph (B) of paragraph (2) and inserting the 

15 following: 

16 ‘‘(b) AUTHORITY TO PROVIDE ASSISTANCE.—The 

17 Secretary is authorized to provide assistance to private 

18 nonprofit organizations to expand the supply of supportive 

19 housing for persons with disabilities, which shall be pro20 vided as— 

21 ‘‘(1) capital advances in accordance with sub22 section (d)(1), and 

23 ‘‘(2) contracts for project rental assistance in 

24 accordance with subsection (d)(2).’’; and 


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1 (B) by striking ‘‘assistance under this 

2 paragraph’’ and inserting ‘‘Assistance under 

3 this subsection’’; 

4 (2) in subsection (d), by striking paragraph (4); 

5 and 

6 (3) in subsection (l), by striking paragraph (1). 

7 (b) RENEWAL THROUGH SECTION 8.—Section 811 

8 is amended by adding at the end the following new sub9 section: 

10 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS FOR SEC11 TION 8 ASSISTANCE.— 

12 ‘‘(1) IN GENERAL.—There is authorized to be 

13 appropriated for tenant-based rental assistance 

14 under section 8(o) of the United States Housing Act 

15 of 1937 (42 U.S.C. 1437f(o)) for persons with dis16 abilities in fiscal year 2009 the amount necessary to 

17 provide a number of incremental vouchers under 

18 such section that is equal to the number of vouchers 

19 provided in fiscal year 2008 under the tenant-based 

20 rental assistance program under subsection (d)(4) of 

21 this section (as in effect before the date of the enact22 ment of the Frank Melville Supportive Housing In23 vestment Act of 2009). 

24 ‘‘(2) REQUIREMENTS UPON TURNOVER.—The 

25 Secretary shall develop and issue, to public housing 


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1 agencies that receive voucher assistance made avail2 able under this subsection and to public housing 

3 agencies that received voucher assistance under sec4 tion 8(o) of the United States Housing Act of 1937 

5 (42 U.S.C. 1437f(o)) for non-elderly disabled fami6 lies pursuant to appropriation Acts for fiscal years 

7 1997 through 2002 or any other subsequent appro8 priations for incremental vouchers for non-elderly 

9 disabled families, guidance to ensure that, to the 

10 maximum extent possible, such vouchers continue to 

11 be provided upon turnover to qualified persons with 

12 disabilities or to qualified non-elderly disabled fami13 lies, respectively.’’. 

14 SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM. 

15 (a) PROJECT RENTAL ASSISTANCE CONTRACTS.— 

16 Section 811 is amended— 

17 (1) in subsection (d)(2)— 

18 (A) by inserting ‘‘(A) INITIAL PROJECT

19 RENTAL ASSISTANCE CONTRACT.—’’ after 

20 ‘‘PROJECT RENTAL ASSISTANCE.—’’; 

21 (B) in the first sentence, by inserting after 

22 ‘‘shall’’ the following: ‘‘comply with subsection 

23 (e)(2) and shall’’; 

24 (C) by striking ‘‘annual contract amount’’ 

25 each place such term appears and inserting 


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1 ‘‘amount provided under the contract for each 

2 year covered by the contract’’; and 

3 (D) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(B) RENEWAL OF AND INCREASES IN CON6 TRACT AMOUNTS.— 

7 ‘‘(i) EXPIRATION OF CONTRACT TERM.— 

8 Upon the expiration of each contract term, sub9 ject to the availability of amounts made avail10 able in appropriation Acts, the Secretary shall 

11 adjust the annual contract amount to provide 

12 for reasonable project costs, and any increases, 

13 including adequate reserves and service coordi14 nators, except that any contract amounts not 

15 used by a project during a contract term shall 

16 not be available for such adjustments upon re17 newal. 

18 ‘‘(ii) EMERGENCY SITUATIONS.—In the 

19 event of emergency situations that are outside 

20 the control of the owner, the Secretary shall in21 crease the annual contract amount, subject to 

22 reasonable review and limitations as the Sec23 retary shall provide.’’. 

24 (2) in subsection (e)(2)— 


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1 (A) in the first sentence, by inserting be2 fore the period at the end the following: ‘‘, ex3 cept that, in the case of the sponsor of a project 

4 assisted with any low-income housing tax credit 

5 pursuant to section 42 of the Internal Revenue 

6 Code of 1986 or with any tax-exempt housing 

7 bonds, the contract shall have an initial term of 

8 not be less than 360 months and shall provide 

9 funding for a term of 60 months’’; and 

10 (B) by striking ‘‘extend any expiring con11 tract’’ and insert ‘‘upon expiration of a contract 

12 (or any renewed contract), renew such con13 tract’’. 

14 (b) PROGRAM REQUIREMENTS.—Section 811 is 

15 amended— 

16 (1) in subsection (e)— 

17 (A) by striking the subsection heading and 

18 inserting the following: ‘‘PROGRAM REQUIRE19 MENTS’’; 

20 (B) by striking paragraph (1) and insert21 ing the following new paragraph: 

22 ‘‘(1) USE RESTRICTIONS.— 

23 ‘‘(A) TERM.—Any project for which a cap24 ital advance is provided under subsection (d)(1) 

25 shall be operated for not less than 40 years as 


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1 supportive housing for persons with disabilities, 

2 in accordance with the application for the 

3 project approved by the Secretary and shall, 

4 during such period, be made available for occu5 pancy only by very low-income persons with dis6 abilities. 

7 ‘‘(B) CONVERSION.—If the owner of a 

8 project requests the use of the project for the 

9 direct benefit of very low-income persons with 

10 disabilities and, pursuant to such request the 

11 Secretary determines that a project is no longer 

12 needed for use as supportive housing for per13 sons with disabilities, the Secretary may ap14 prove the request and authorize the owner to 

15 convert the project to such use.’’; and 

16 (C) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(3) LIMITATION ON USE OF FUNDS.—No as19 sistance received under this section (or any State or 

20 local government funds used to supplement such as21 sistance) may be used to replace other State or local 

22 funds previously used, or designated for use, to as23 sist persons with disabilities. 

24 ‘‘(4) MULTIFAMILY PROJECTS.— 


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1 ‘‘(A) LIMITATION.—Except as provided in 

2 subparagraph (B), of the total number of dwell3 ing units in any multifamily housing project 

4 (including any condominium or cooperative 

5 housing project) containing any unit for which 

6 assistance is provided from a capital grant 

7 under subsection (d)(1) made after the date of 

8 the enactment of the Frank Melville Supportive 

9 Housing Investment Act of 2009, the aggregate 

10 number that are used for persons with disabil11 ities, including supportive housing for persons 

12 with disabilities, or to which any occupancy 

13 preference for persons with disabilities applies, 

14 may not exceed 25 percent of such total. 

15 ‘‘(B) EXCEPTION.—Subparagraph (A) 

16 shall not apply in the case of any project that 

17 is a group home or independent living facility.’’; 

18 and 

19 (2) in subsection (l), by striking paragraph (4). 

20 (c) DELEGATED PROCESSING.—Subsection (g) of 

21 section 811 (42 U.S.C. 8013(g)) is amended— 

22 (1) by striking ‘‘SELECTION CRITERIA.—’’ and 

23 inserting ‘‘SELECTION CRITERIA AND PROC24 ESSING.—(1) SELECTION CRITERIA.—’’; 


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1 (2) by redesignating paragraphs (1), (2), (3), 

2 (4), (5), (6), and (7) as subparagraphs (A), (B), 

3 (C), (D), (E), (G), and (H), respectively; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) DELEGATED PROCESSING.— 

7 ‘‘(A) In issuing a capital advance under sub8 section (d)(1) for any multifamily project (but not 

9 including any project that is a group home or inde10 pendent living facility) for which financing for the 

11 purposes described in the last sentence of subsection 

12 (b) is provided by a combination of the capital ad13 vance and sources other than this section, within 30 

14 days of award of the capital advance, the Secretary 

15 shall delegate review and processing of such projects 

16 to a State or local housing agency that— 

17 ‘‘(i) is in geographic proximity to the prop18 erty; 

19 ‘‘(ii) has demonstrated experience in and 

20 capacity for underwriting multifamily housing 

21 loans that provide housing and supportive serv22 ices; 

23 ‘‘(iii) may or may not be providing low-in24 come housing tax credits in combination with 

25 the capital advance under this section; and 


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1 ‘‘(iv) agrees to issue a firm commitment 

2 within 12 months of delegation. 

3 ‘‘(B) The Secretary shall retain the authority to 

4 process capital advances in cases in which no State 

5 or local housing agency has applied to provide dele6 gated processing pursuant to this paragraph or no 

7 such agency has entered into an agreement with the 

8 Secretary to serve as a delegated processing agency. 

9 ‘‘(C) An agency to which review and processing 

10 is delegated pursuant to subparagraph (A) may as11 sess a reasonable fee which shall be included in the 

12 capital advance amounts and may recommend 

13 project rental assistance amounts in excess of those 

14 initially awarded by the Secretary. The Secretary 

15 shall develop a schedule for reasonable fees under 

16 this subparagraph to be paid to delegated processing 

17 agencies, which shall take into consideration any 

18 other fees to be paid to the agency for other funding 

19 provided to the project by the agency, including 

20 bonds, tax credits, and other gap funding. 

21 ‘‘(D) Under such delegated system, the Sec22 retary shall retain the authority to approve rents 

23 and development costs and to execute a capital ad24 vance within 60 days of receipt of the commitment 

25 from the State or local agency. The Secretary shall 


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1 provide to such agency and the project sponsor, in 

2 writing, the reasons for any reduction in capital ad3 vance amounts or project rental assistance and such 

4 reductions shall be subject to appeal.’’. 

5 (d) LEVERAGING OTHER RESOURCES.—Paragraph 

6 (1) of section 811(g) (as so designated by subsection 

7 (c)(1) of this section) is amended by inserting after sub8 paragraph (E) (as so redesignated by subsection (c)(2) of 

9 this section) the following new subparagraph: 

10 ‘‘(F) the extent to which the per-unit cost 

11 of units to be assisted under this section will be 

12 supplemented with resources from other public 

13 and private sources;’’. 

14 (e) TENANT PROTECTIONS AND ELIGIBILITY FOR

15 OCCUPANCY.—Section 811 is amended by striking sub16 section (i) and inserting the following new subsection: 

17 ‘‘(i) ADMISSION AND OCCUPANCY.— 

18 ‘‘(1) TENANT SELECTION.— 

19 ‘‘(A) PROCEDURES.—An owner shall adopt 

20 written tenant selection procedures that are sat21 isfactory to the Secretary as (i) consistent with 

22 the purpose of improving housing opportunities 

23 for very low-income persons with disabilities; 

24 and (ii) reasonably related to program eligibility 

25 and an applicant’s ability to perform the obligaVerDate Nov 24 2008 00:31 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1481.IS S1481

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1 tions of the lease. Owners shall promptly notify 

2 in writing any rejected applicant of the grounds 

3 for any rejection. 

4 ‘‘(B) REQUIREMENT FOR OCCUPANCY.— 

5 Occupancy in dwelling units provided assistance 

6 under this section shall be available only to per7 sons with disabilities and households that in8 clude at least one person with a disability. 

9 ‘‘(C) AVAILABILITY.—Except only as pro10 vided in subparagraph (D), occupancy in dwell11 ing units in housing provided with assistance 

12 under this section shall be available to all per13 sons with disabilities eligible for such occupancy 

14 without regard to the particular disability in15 volved. 

16 ‘‘(D) LIMITATION ON OCCUPANCY.—Not17 withstanding any other provision of law, the 

18 owner of housing developed under this section 

19 may, with the approval of the Secretary, limit 

20 occupancy within the housing to persons with 

21 disabilities who can benefit from the supportive 

22 services offered in connection with the housing. 

23 ‘‘(2) TENANT PROTECTIONS.— 

24 ‘‘(A) LEASE.—The lease between a tenant 

25 and an owner of housing assisted under this 


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1 section shall be for not less than one year, and 

2 shall contain such terms and conditions as the 

3 Secretary shall determine to be appropriate. 

4 ‘‘(B) TERMINATION OF TENANCY.—An 

5 owner may not terminate the tenancy or refuse 

6 to renew the lease of a tenant of a rental dwell7 ing unit assisted under this section except— 

8 ‘‘(i) for serious or repeated violation 

9 of the terms and conditions of the lease, 

10 for violation of applicable Federal, State, 

11 or local law, or for other good cause; and 

12 ‘‘(ii) by providing the tenant, not less 

13 than 30 days before such termination or 

14 refusal to renew, with written notice speci15 fying the grounds for such action. 

16 ‘‘(C) VOLUNTARY PARTICIPATION IN SERV17 ICES.—A supportive service plan for housing 

18 assisted under this section shall permit each 

19 resident to take responsibility for choosing and 

20 acquiring their own services, to receive any sup21 portive services made available directly or indi22 rectly by the owner of such housing, or to not 

23 receive any supportive services.’’. 

24 (f) DEVELOPMENT COST LIMITATIONS.—Subsection 

25 (h) of section 811 is amended— 


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1 (1) in paragraph (1)— 

2 (A) by striking the paragraph heading and 

3 inserting ‘‘GROUP HOMES’’; 

4 (B) in the first sentence, by striking ‘‘var5 ious types and sizes’’ and inserting ‘‘group 

6 homes’’; 

7 (C) by striking subparagraph (E); and 

8 (D) by redesignating subparagraphs (F) 

9 and (G) as subparagraphs (E) and (F), respec10 tively; 

11 (2) in paragraph (3), by inserting ‘‘established 

12 pursuant to paragraph (1)’’ after ‘‘cost limitation’’; 

13 and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(6) APPLICABILITY OF HOME PROGRAM COST

17 LIMITATIONS.— 

18 ‘‘(A) IN GENERAL.—The provisions of sec19 tion 212(e) of the Cranston-Gonzalez National 

20 Affordable Housing Act (42 U.S.C. 12742(e)) 

21 and the cost limits established by the Secretary 

22 pursuant to such section with respect to the 

23 amount of funds under subtitle A of title II of 

24 such Act that may be invested on a per unit 

25 basis, shall apply to supportive housing assisted 


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1 with a capital advance under subsection (d)(1) 

2 and the amount of funds under such subsection 

3 that may be invested on a per unit basis. 

4 ‘‘(B) WAIVERS.—The Secretary shall pro5 vide for waiver of the cost limits applicable pur6 suant to subparagraph (A)— 

7 ‘‘(i) in the cases in which the cost lim8 its established pursuant to section 212(e) 

9 of the Cranston-Gonzalez National Afford10 able Housing Act may be waived; and 

11 ‘‘(ii) to provide for— 

12 ‘‘(I) the cost of special design 

13 features to make the housing acces14 sible to persons with disabilities; 

15 ‘‘(II) the cost of special design 

16 features necessary to make individual 

17 dwelling units meet the special needs 

18 of persons with disabilities; and 

19 ‘‘(III) the cost of providing the 

20 housing in a location that is accessible 

21 to public transportation and commu22 nity organizations that provide sup23 portive services to persons with dis24 abilities.’’. 


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1 (g) REPEAL OF AUTHORITY TO WAIVE SIZE LIMITA2 TIONS.—Paragraph (1) of section 811(k) is amended— 

3 (1) in paragraph (1), by striking the second 

4 sentence; and 

5 (2) in paragraph (4), by striking ‘‘(or such 

6 higher number of persons’’ and all that follows 

7 through ‘‘subsection (h)(6))’’. 

8 (h) MINIMUM ALLOCATION FOR MULTIFAMILY

9 PROJECTS.—Subsection (l) of section 811, as amended by 

10 the preceding provisions of this Act, is further amended 

11 by inserting before paragraph (2) the following new para12 graph: 

13 ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY

14 PROJECTS.—The Secretary shall establish a min15 imum percentage of the amount made available for 

16 each fiscal year for capital advances under sub17 section (d)(1) that shall be used for multifamily 

18 projects subject to subsection (e)(4).’’. 

19 SEC. 4. PROJECT RENTAL ASSISTANCE COMPETITIVE DEM20 ONSTRATION PROGRAM. 

21 Section 811, as amended by the preceding provisions 

22 of this Act, is further amended— 

23 (1) by redesignating subsections (k) through 

24 (n) as subsections (l) through (o), respectively; and 


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1 (2) by inserting after subsection (j) the fol2 lowing new subsection: 

3 ‘‘(k) PROJECT RENTAL ASSISTANCE-ONLY COMPETI4 TIVE DEMONSTRATION PROGRAM.— 

5 ‘‘(1) AUTHORITY.—The Secretary shall carry 

6 out a demonstration program under this subsection 

7 to expand the supply of supportive housing for non8 elderly adults with disabilities, under which the Sec9 retary shall make funds available for project rental 

10 assistance pursuant to paragraph (2) for eligible 

11 projects under paragraph (3). The Secretary shall 

12 provide for State housing finance agencies and other 

13 appropriate entities to apply to the Secretary for 

14 such project rental assistance funds, which shall be 

15 made available by such agencies and entities for 

16 dwelling units in eligible projects based upon criteria 

17 established by the Secretary for the demonstration 

18 program under this subsection. The Secretary may 

19 not require any State housing finance agency or 

20 other entity applying for project rental assistance 

21 funds under the demonstration program to identify 

22 in such application the eligible projects for which 

23 such funds will be used, and shall allow such agen24 cies and applicants to subsequently identify such eliVerDate Nov 24 2008 00:31 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1481.IS S1481

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1 gible projects pursuant to the making of commit2 ments described in paragraph (3)(B). 

3 ‘‘(2) PROJECT RENTAL ASSISTANCE.— 

4 ‘‘(A) CONTRACT TERMS.—Project rental 

5 assistance under the demonstration program 

6 under this subsection shall be provided— 

7 ‘‘(i) in accordance with subsection 

8 (d)(2); 

9 ‘‘(ii) under a contract having an ini10 tial term of not less than 180 months that 

11 provides funding for a term 60 months, 

12 which funding shall be renewed upon expi13 ration, subject to the availability of suffi14 cient amounts in appropriation Acts. 

15 ‘‘(B) LIMITATION ON UNITS ASSISTED.— 

16 Of the total number of dwelling units in any 

17 multifamily housing project containing any unit 

18 for which project rental assistance under the 

19 demonstration program under this subsection is 

20 provided, the aggregate number that are pro21 vided such project rental assistance, that are 

22 used for supportive housing for persons with 

23 disabilities, or to which any occupancy pref24 erence for persons with disabilities applies, may 

25 not exceed 25 percent of such total. 


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1 ‘‘(C) PROHIBITION OF CAPITAL AD2 VANCES.—The Secretary may not provide a 

3 capital advance under subsection (d)(1) for any 

4 project for which assistance is provided under 

5 the demonstration program. 

6 ‘‘(D) ELIGIBLE POPULATION.—Project 

7 rental assistance under the demonstration pro8 gram under this subsection may be provided 

9 only for dwelling units for extremely low-income 

10 persons with disabilities and extremely low-in11 come households that include at least one per12 son with a disability. 

13 ‘‘(3) ELIGIBLE PROJECTS.—An eligible project 

14 under this paragraph is a new or existing multi15 family housing project for which— 

16 ‘‘(A) the development costs are paid with 

17 resources from other public or private sources; 

18 and 

19 ‘‘(B) a commitment has been made— 

20 ‘‘(i) by the applicable State agency re21 sponsible for allocation of low-income hous22 ing tax credits under section 42 of the In23 ternal Revenue Code of 1986, for an allo24 cation of such credits; 


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1 ‘‘(ii) by the applicable participating 

2 jurisdiction that receives assistance under 

3 the HOME Investment Partnership Act, 

4 for assistance from such jurisdiction; or 

5 ‘‘(iii) by any Federal agency or any 

6 State or local government, for funding for 

7 the project from funds from any other 

8 sources. 

9 ‘‘(4) STATE AGENCY INVOLVEMENT.—Assist10 ance under the demonstration may be provided only 

11 for projects for which the applicable State agency re12 sponsible for health and human services programs, 

13 and the applicable State agency designated to ad14 minister or supervise the administration of the State 

15 plan for medical assistance under title XIX of the 

16 Social Security Act, have entered into such agree17 ments as the Secretary considers appropriate— 

18 ‘‘(A) to identify the target populations to 

19 be served by the project; 

20 ‘‘(B) to set forth methods for outreach and 

21 referral; and 

22 ‘‘(C) to make available appropriate services 

23 for tenants of the project. 

24 ‘‘(5) USE REQUIREMENTS.—In the case of any 

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1 vided under the demonstration program under this 

2 subsection, the dwelling units assisted pursuant to 

3 paragraph (2) shall be operated for not less than 30 

4 years as supportive housing for persons with disabil5 ities, in accordance with the application for the 

6 project approved by the Secretary, and such dwelling 

7 units shall, during such period, be made available for 

8 occupancy only by persons and households described 

9 in paragraph (2)(D). 

10 ‘‘(6) REPORT.—Upon the expiration of the 5- 

11 year period beginning on the date of the enactment 

12 of the Frank Melville Supportive Housing Invest13 ment Act of 2009, the Secretary shall submit to the 

14 Congress a report describing the demonstration pro15 gram under this subsection, analyzing the effective16 ness of the program, including the effectiveness of 

17 the program compared to the program for capital 

18 advances in accordance with subsection (d)(1) (as in 

19 effect pursuant to the amendments made by such 

20 Act), and making recommendations regarding future 

21 models for assistance under this section based upon 

22 the experiences under the program.’’. 

23 SEC. 5. TECHNICAL CORRECTIONS. 

24 Section 811 is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘provides’’ and insert5 ing ‘‘makes available’’; and 

6 (ii) by striking the period at the end 

7 and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) promotes and facilitates community inte11 gration for people with significant and long-term dis12 abilities.’’; 

13 (2) in subsection (c)— 

14 (A) in paragraph (1), by striking ‘‘special’’ 

15 and inserting ‘‘housing and community-based 

16 services’’; and 

17 (B) in paragraph (2)— 

18 (i) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) make available voluntary supportive 

21 services that address the individual needs of 

22 persons with disabilities occupying such hous23 ing;’’; and 

24 (ii) in subparagraph (B), by striking 

25 the comma and inserting a semicolon; 


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1 (3) in subsection (d)(1), by striking ‘‘provided 

2 under’’ and all that follows through ‘‘shall bear’’ and 

3 inserting ‘‘provided pursuant to subsection (b)(1) 

4 shall bear’’; 

5 (4) in subsection (f)— 

6 (A) in paragraph (3)— 

7 (i) in subparagraph (B), by striking 

8 ‘‘receive’’ and inserting ‘‘be offered’’; 

9 (ii) by striking subparagraph (C) and 

10 inserting the following: 

11 ‘‘(C) evidence of the applicant’s experience 

12 in— 

13 ‘‘(i) providing such supportive serv14 ices; or 

15 ‘‘(ii) creating and managing struc16 tured partnerships with service providers 

17 for the delivery of appropriate community18 based services;’’; 

19 (iii) in subparagraph (D), by striking 

20 ‘‘such persons’’ and all that follows 

21 through ‘‘provision of such services’’ and 

22 inserting ‘‘tenants’’; and 

23 (iv) in subparagraph (E), by inserting 

24 ‘‘other Federal, and’’ before ‘‘State’’; and 


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1 (B) in paragraph (4), by striking ‘‘special’’ 

2 and inserting ‘‘housing and community-based 

3 services’’; 

4 (5) in subsection (g), in paragraph (1) (as so 

5 redesignated by section 3(c)(1) of this Act)— 

6 (A) in subparagraph (D) (as so redesig7 nated by section 3(c)(2) of this Act), by strik8 ing ‘‘the necessary supportive services will be 

9 provided’’ and inserting ‘‘appropriate supportive 

10 services will be made available’’; and 

11 (B) by striking subparagraph (E) (as so 

12 redesignated by section 3(c)(2) of this Act) and 

13 inserting the following: 

14 ‘‘(E) the extent to which the location and 

15 design of the proposed project will facilitate the 

16 provision of community-based supportive serv17 ices and address other basic needs of persons 

18 with disabilities, including access to appropriate 

19 and accessible transportation, access to commu20 nity services agencies, public facilities, and 

21 shopping;’’; 

22 (6) in subsection (j)— 

23 (A) by striking paragraph (4); and 


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1 (B) by redesignating paragraphs (5), (6), 

2 and (7) as paragraphs (4), (5), and (6), respec3 tively; 

4 (7) in subsection (l) (as so redesignated by sec5 tion 4(1) of this Act)— 

6 (A) in paragraph (1), by inserting before 

7 the period at the end of the first sentence the 

8 following: ‘‘, which provides a separate bedroom 

9 for each tenant of the residence’’; 

10 (B) by striking paragraph (2) and insert11 ing the following: 

12 ‘‘(2)(A) The term ‘person with disabilities’ 

13 means a person who is 18 years of age or older and 

14 less than 62 years of age, who— 

15 ‘‘(i) has a disability as defined in section 

16 223 of the Social Security Act, 

17 ‘‘(ii) is determined, pursuant to regulations 

18 issued by the Secretary, to have a physical, 

19 mental, or emotional impairment which— 

20 ‘‘(I) is expected to be of long-contin21 ued and indefinite duration; 

22 ‘‘(II) substantially impedes his or her 

23 ability to live independently; and 


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1 ‘‘(III) is of such a nature that such 

2 ability could be improved by more suitable 

3 housing conditions; or 

4 ‘‘(iii) has a developmental disability as de5 fined in section 102 of the Developmental Dis6 abilities Assistance and Bill of Rights Act of 

7 2000. 

8 ‘‘(B) Such term shall not exclude persons who 

9 have the disease of acquired immunodeficiency syn10 drome or any conditions arising from the etiologic 

11 agent for acquired immunodeficiency syndrome. Not12 withstanding any other provision of law, no indi13 vidual shall be considered a person with disabilities, 

14 for purposes of eligibility for low-income housing 

15 under this title, solely on the basis of any drug or 

16 alcohol dependence. The Secretary shall consult with 

17 other appropriate Federal agencies to implement the 

18 preceding sentence. 

19 ‘‘(C) The Secretary shall prescribe such regula20 tions as may be necessary to prevent abuses in de21 termining, under the definitions contained in this 

22 paragraph, the eligibility of families and persons for 

23 admission to and occupancy of housing assisted 

24 under this section. Notwithstanding the preceding 

25 provisions of this paragraph, the term ‘person with 


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1 disabilities’ includes two or more persons with dis2 abilities living together, one or more such persons 

3 living with another person who is determined (under 

4 regulations prescribed by the Secretary) to be impor5 tant to their care or well-being, and the surviving 

6 member or members of any household described in 

7 subparagraph (A) who were living, in a unit assisted 

8 under this section, with the deceased member of the 

9 household at the time of his or her death.’’; 

10 (C) by striking paragraph (3) and insert11 ing the following new paragraph: 

12 ‘‘(3) The term ‘supportive housing for persons 

13 with disabilities’ means dwelling units that— 

14 ‘‘(A) are designed to meet the permanent 

15 housing needs of very low-income persons with 

16 disabilities; and 

17 ‘‘(B) are located in housing that make 

18 available supportive services that address the 

19 individual health, mental health, or other needs 

20 of such persons.’’; 

21 (D) in paragraph (5), by striking ‘‘a 

22 project for’’; and 

23 (E) in paragraph (6)— 

24 (i) by inserting after and below sub25 paragraph (D) the matter to be inserted by 


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1 the amendment made by section 841 of the 

2 American Homeownership and Economic 

3 Opportunity Act of 2000 (Public Law 

4 106–569; 114 Stat. 3022); and 

5 (ii) in the matter inserted by the 

6 amendment made by subparagraph (A) of 

7 this paragraph, by striking ‘‘wholly owned 

8 and’’; and 

9 (8) in subsection (m) (as so redesignated by 

10 section 4(1) of this Act)— 

11 (A) in paragraph (2), by striking ‘‘sub12 section (c)(1)’’ and inserting ‘‘subsection 

13 (d)(1)’’; and 

14 (B) in paragraph (3), by striking ‘‘sub15 section (c)(2)’’ and inserting ‘‘subsection 

16 (d)(2)’’. 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

18 Subsection (n) of section 811 (as so redesignated by 

19 section 4(1) of this Act) is amended to read as follows: 

20 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated for each of fiscal years 

22 2009 through 2012 the following amounts: 

23 ‘‘(1) CAPITAL ADVANCE/PRAC PROGRAM.—For 

24 providing assistance pursuant to subsection (b), such 

25 sums as may be necessary. 


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1 ‘‘(2) DEMONSTRATION PROGRAM.—For car2 rying out the demonstration program under sub3 section (k), such sums as may be necessary to pro4 vide 2,500 incremental dwelling units under such 

5 program in fiscal year 2009 and 5,000 incremental 

6 dwelling units under such program in each of fiscal 

7 years 2010, 2011, and 2012.’’. 

8 SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE. 

9 Not later than the expiration of the 180-day period 

10 beginning on the date of the enactment of this Act, the 

11 Secretary of Housing and Urban Development shall issue 

12 new regulations and guidance for the program under sec13 tion 811 of the Cranston-Gonzalez National Affordable 

14 Housing Act for supportive housing for persons with dis15 abilities to carry out such program in accordance with the 

16 amendments made by this Act. 

17 SEC. 8. GAO STUDY. 

18 The Comptroller General of the United States shall 

19 conduct a study of the supportive housing for persons with 

20 disabilities program under section 811 of the Cranston21 Gonzalez National Affordable Housing Act (42 U.S.C. 

22 8013) to determine the adequacy and effectiveness of such 

23 program in assisting households of persons with disabil24 ities. Such study shall determine— 


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1 (1) the total number of households assisted 

2 under such program; 

3 (2) the extent to which households assisted 

4 under other programs of the Department of Housing 

5 and Urban Development that provide rental assist6 ance or rental housing would be eligible to receive 

7 assistance under such section 811 program; and 

8 (3) the extent to which households described in 

9 paragraph (2) who are eligible for, but not receiving, 

10 assistance under such section 811 program are re11 ceiving supportive services from, or assisted by, the 

12 Department of Housing and Urban Development 

13 other than through the section 811 program (includ14 ing under the Resident Opportunity and Self-Suffi15 ciency program) or from other sources. 

16 Upon the completion of the study required under this sec17 tion, the Comptroller General shall submit a report to the 

18 Congress setting forth the findings and conclusions of the 

19 study. 

Æ 


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