II 

Calendar No. 689 

111TH CONGRESS 

2D 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, Mr. JOHANNS, Mr. LIEBERMAN, Mr. MERKLEY, 

Mr. BROWN of Ohio, Mr. SCHUMER, Mr. BINGAMAN, Mr. SANDERS, and 

Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

DECEMBER 14, 2010 

Reported by Mr. DODD, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; REFERENCES. 

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

3 ‘‘Frank Melville Supportive Housing Investment Act of 

4 20092010’’. 

5 (b) REFERENCES.—Except as otherwise expressly 

6 provided, wherever in this Act an amendment or repeal 

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

8 section 811 or any other provision of section 811, the ref9 erence shall be considered to be made to section 811 of 

10 the Cranston-Gonzalez National Affordable Housing Act 

11 (42 U.S.C. 8013). 

12 SEC. 2. TENANT-BASED RENTAL ASSISTANCE THROUGH 

13 CERTIFICATE FUND. 

14 (a) TERMINATION OF MAINSTREAM TENANT-BASED

15 RENTAL ASSISTANCE PROGRAM.—Section 811 is amend16 ed— 

17 (1) in subsection (b)— 

18 (A) by striking the subsection designation 

19 and all that follows through the end of subpara20 graph (B) of paragraph (2) and inserting the 

21 following: 

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

23 Secretary is authorized to provide assistance to private 

24 nonprofit organizations to expand the supply of supportive 

25 housing for persons with disabilities, which shall be pro26 vided as— 


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1 ‘‘(1) capital advances in accordance with sub2 section (d)(1), and 

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

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

5 (B) by striking ‘‘assistance under this 

6 paragraph’’ and inserting ‘‘Assistance under 

7 this subsection’’; 

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

9 and 

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

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

12 is amended by adding at the end the following new sub13 section: 

14 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS FOR SEC15 TION 8 ASSISTANCE.— 

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

17 appropriated for tenant-based rental assistance 

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

19 of 1937 (42 U.S.C. 1437f(o)) for persons with dis20 abilities in fiscal year 2009 the amount necessary to 

21 provide a number of incremental vouchers under 

22 such section that is equal to the number of vouchers 

23 provided in fiscal year 2008 under the tenant-based 

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

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1 ment of the Frank Melville Supportive Housing In2 vestment Act of 2009). 

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

4 Secretary shall develop and issue, to public housing 

5 agencies that receive voucher assistance made avail6 able under this subsection and to public housing 

7 agencies that received voucher assistance under sec8 tion 8(o) of the United States Housing Act of 1937 

9 (42 U.S.C. 1437f(o)) for non-elderly disabled fami10 lies pursuant to appropriation Acts for fiscal years 

11 1997 through 2002 or any other subsequent appro12 priations for incremental vouchers for non-elderly 

13 disabled families, guidance to ensure that, to the 

14 maximum extent possible, such vouchers continue to 

15 be provided upon turnover to qualified persons with 

16 disabilities or to qualified non-elderly disabled fami17 lies, respectively.’’. 

18 SEC. 2. TENANT-BASED RENTAL ASSISTANCE. 

19 (a) RENEWAL THROUGH SECTION 8.—Section 

20 811(d)(4) is amended to read as follows: 

21 ‘‘(4) TENANT-BASED RENTAL ASSISTANCE.— 

22 ‘‘(A) IN GENERAL.—Tenant-based rental as23 sistance provided under subsection (b)(1) shall be 

24 provided under section 8(o) of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437f(o)). 


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1 ‘‘(B) CONVERSION OF EXISTING ASSIST2 ANCE.—There is authorized to be appropriated 

3 for tenant-based rental assistance under section 

4 8(o) of the United States Housing Act of 1937 

5 (42 U.S.C. 1437f(o)) for persons with disabilities 

6 an amount not less than the amount necessary to 

7 convert the number of authorized vouchers and 

8 funding under an annual contributions contract 

9 in effect on the date of enactment of the Frank 

10 Melville Supportive Housing Investment Act of 

11 2010. Such converted vouchers may be adminis12 tered by the entity administering the vouchers 

13 prior to conversion. For purposes of admin14 istering such converted vouchers, such entities 

15 shall be considered a ‘public housing agency’ au16 thorized to engage in the operation of tenant17 based assistance under section 8 of the United 

18 States Housing Act of 1937 . 

19 ‘‘(C) REQUIREMENTS UPON TURNOVER.— 

20 The Secretary shall develop and issue, to public 

21 housing agencies that receive voucher assistance 

22 made available under this subsection and to pub23 lic housing agencies that received voucher assist24 ance under section 8(o) of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437f(o)) for 


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1 non-elderly disabled families pursuant to appro2 priation Acts for fiscal years 1997 through 2002 

3 or any other subsequent appropriations for in4 cremental vouchers for non-elderly disabled fami5 lies, guidance to ensure that, to the maximum 

6 extent possible, such vouchers continue to be pro7 vided upon turnover to qualified persons with 

8 disabilities or to qualified non-elderly disabled 

9 families, respectively.’’. 

10 (b) PROVISION OF TECHNICAL ASSISTANCE.—The Sec11 retary is authorized to the extent amounts are made avail12 able in future appropriations Acts, to provide technical as13 sistance to public housing agencies and other administering 

14 entities to facilitate using vouchers to provide permanent 

15 supportive housing for persons with disabilities, help States 

16 reduce reliance on segregated restrictive settings for people 

17 with disabilities to meet community care requirements, end 

18 chronic homelessness, as ‘‘chronically homeless’’ is defined 

19 in section 401 of the McKinney-Vento Homeless Assistance 

20 Act (42 U.S.C. 11361), and for other related purposes. 

21 SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM. 

22 (a) PROJECT RENTAL ASSISTANCE CONTRACTS.— 

23 Section 811 is amended— 

24 (1) in subsection (d)(2)— 


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

2 RENTAL ASSISTANCE CONTRACT.—’’ after 

3 ‘‘PROJECT RENTAL ASSISTANCE.—’’; 

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

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

6 (e)(2) and shall’’; 

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

8 each place such term appears and inserting 

9 ‘‘amount provided under the contract for each 

10 year covered by the contract’’; and 

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

12 subparagraph: 

13 ‘‘(B) RENEWAL OF AND INCREASES IN CON14 TRACT AMOUNTS.— 

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

16 Upon the expiration of each contract term, sub17 ject to the availability of amounts made avail18 able in appropriation Acts, the Secretary shall 

19 adjust the annual contract amount to provide 

20 for reasonable project costs, and any increases, 

21 including adequate reserves and service coordi22 nators as appropriate, except that any contract 

23 amounts not used by a project during a con24 tract term shall not be available for such ad25 justments upon renewal. 


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

2 event of emergency situations that are outside 

3 the control of the owner, the Secretary shall in4 crease the annual contract amount, subject to 

5 reasonable review and limitations as the Sec6 retary shall provide.’’. 

7 (2) in subsection (e)(2)— 

8 (A) in the first sentence, by inserting be9 fore the period at the end the following: ‘‘, ex10 cept that, in the case of the sponsor of a project 

11 assisted with any low-income housing tax credit 

12 pursuant to section 42 of the Internal Revenue 

13 Code of 1986 or with any tax-exempt housing 

14 bonds, the contract shall have an initial term of 

15 not less than 360 months and shall provide 

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

17 (B) by striking ‘‘extend any expiring con18 tract’’ and insert ‘‘upon expiration of a contract 

19 (or any renewed contract), renew such con20 tract’’. 

21 (b) PROGRAM REQUIREMENTS.—Section 811 is 

22 amended— 

23 (1) in subsection (e)— 


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1 (A) by striking the subsection heading and 

2 inserting the following: ‘‘PROGRAM REQUIRE3 MENTS’’; 

4 (B) by striking paragraph (1) and insert5 ing the following new paragraph: 

6 ‘‘(1) USE RESTRICTIONS.— 

7 ‘‘(A) TERM.—Any project for which a cap8 ital advance is provided under subsection (d)(1) 

9 shall be operated for not less than 40 years as 

10 supportive housing for persons with disabilities, 

11 in accordance with the application for the 

12 project approved by the Secretary and shall, 

13 during such period, be made available for occu14 pancy only by very low-income persons with dis15 abilities. 

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

17 project requests the use of the project for the 

18 direct benefit of very low-income persons with 

19 disabilities and, pursuant to such request the 

20 Secretary determines that a project is no longer 

21 needed for use as supportive housing for per22 sons with disabilities, the Secretary may ap23 prove the request and authorize the owner to 

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


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

2 paragraphs: 

3 ‘‘(3) LIMITATION ON USE OF FUNDS.—No as4 sistance received under this section (or any State or 

5 local government funds used to supplement such as6 sistance) may be used to replace other State or local 

7 funds previously used, or designated for use, to as8 sist persons with disabilities. 

9 ‘‘(4) MULTIFAMILY PROJECTS.— 

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

11 subparagraph (B), of the total number of dwell12 ing units in any multifamily housing project 

13 (including any condominium or cooperative 

14 housing project) containing any unit for which 

15 assistance is provided from a capital grant 

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

17 the enactment of the Frank Melville Supportive 

18 Housing Investment Act of 20092010, the ag19 gregate number that are used for persons with 

20 disabilities, including supportive housing for 

21 persons with disabilities, or to which any occu22 pancy preference for persons with disabilities 

23 applies, may not exceed 25 percent of such 

24 total. 


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1 ‘‘(B) EXCEPTION.—Subparagraph (A) 

2 shall not apply in the case of any project that 

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

4 and 

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

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

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

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

9 inserting ‘‘SELECTION CRITERIA AND PROC10 ESSING.—(1) SELECTION CRITERIA.—’’; 

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

12 (4), (5), (6), and (7) as subparagraphs (A), (B), 

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

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

15 paragraph: 

16 ‘‘(2) DELEGATED PROCESSING.— 

17 ‘‘(A) In issuing a capital advance under sub18 section (d)(1) for any multifamily project (but not 

19 including any project that is a group home or inde20 pendent living facility) for which financing for the 

21 purposes described in the last sentence of subsection 

22 (b) is provided by a combination of the capital ad23 vance and sources other than this section, within 30 

24 days of award of the capital advance, the Secretary 


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1 shall delegate review and processing of such projects 

2 to a State or local housing agency that— 

3 ‘‘(i) is in geographic proximity to the prop4 erty; 

5 ‘‘(ii) has demonstrated experience in and 

6 capacity for underwriting multifamily housing 

7 loans that provide housing and supportive serv8 ices; 

9 ‘‘(iii) may or may not be providing low-in10 come housing tax credits in combination with 

11 the capital advance under this section; and 

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

13 within 12 months of delegation. 

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

15 process capital advances in cases in which no State 

16 or local housing agency has applied tois sufficiently 

17 qualified to provide delegated processing pursuant to 

18 this paragraph or no such agency has entered into 

19 an agreement with the Secretary to serve as a dele20 gated processing agency. 

21 ‘‘(C) The Secretary shall— 

22 ‘‘(i) develop criteria and a timeline to peri23 odically assess the performance of State and local 

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1 gated to such agencies pursuant to subparagraph 

2 (A); and 

3 ‘‘(ii) retain the authority to review and 

4 process projects financed by a capital advance in 

5 the event that, after a review and assessment, a 

6 State or local housing agency is determined to 

7 have failed to satisfy the criteria established pur8 suant to clause (i). 

9 ‘‘(CD) An agency to which review and proc10 essing is delegated pursuant to subparagraph (A) 

11 may assess a reasonable fee which shall be included 

12 in the 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 ‘‘(DE) 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 

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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 shallmay 

5 provide for waiver of the cost limits applicable 

6 pursuant 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 (g) CONGRESSIONAL NOTIFICATION OF WAIVER.—Sec9 tion 811(k)(1) is amended by adding the following after the 

10 second sentence: ‘‘Not later than the date of the exercise of 

11 any waiver permitted under the previous sentence, the Sec12 retary shall notify the Committee on Banking, Housing, 

13 and Urban Affairs of the Senate and the Committee on Fi14 nancial Services of the House of Representatives of the 

15 waiver or the intention to exercise the waiver, together with 

16 a detailed explanation of the reason for the waiver.’’. 

17 (h) MINIMUM ALLOCATION FOR MULTIFAMILY

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

19 the preceding provisions of this Act, is further amended 

20 by inserting before paragraph (2) the following new para21 graph:Paragraph (1) of section 811(l) is amended to read 

22 as follows: 

23 ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY

24 PROJECTS.—The Secretary shall establish a min25 imum percentage of the amount made available for 


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1 each fiscal year for capital advances under sub2 section (d)(1) that shall be used for multifamily 

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

4 SEC. 4. PROJECT RENTAL ASSISTANCE COMPETITIVE DEM5 ONSTRATION PROGRAM. 

6 Section 811, as amended by the preceding provisions 

7 of this Act, is further amended— 

8 (1) by redesignating subsections (k) through 

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

10 (2) by inserting after subsection (j) the fol11 lowing new subsection: 

12 ‘‘(k) PROJECT RENTAL ASSISTANCE-ONLY COMPETI13 TIVE DEMONSTRATION PROGRAM.— 

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

15 out a demonstration program under this subsection 

16 to expand the supply of supportive housing for non17 elderly adults with disabilities, under which the Sec18 retary shall make funds available for project rental 

19 assistance pursuant to paragraph (2) for eligible 

20 projects under paragraph (3). The Secretary shall 

21 provide for State housing finance agencies and other 

22 appropriate entities to apply to the Secretary for 

23 such project rental assistance funds, which shall be 

24 made available by such agencies and entities for 

25 dwelling units in eligible projects based upon criteria 


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1 established by the Secretary for the demonstration 

2 program under this subsection. The Secretary may 

3 not require any State housing finance agency or 

4 other entity applying for project rental assistance 

5 funds under the demonstration program to identify 

6 in such application the eligible projects for which 

7 such funds will be used, and shall allow such agen8 cies and applicants to subsequently identify such eli9 gible projects pursuant to the making of commit10 ments described in paragraph (3)(B). 

11 ‘‘(2) PROJECT RENTAL ASSISTANCE.— 

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

13 assistance under the demonstration program 

14 under this subsection shall be provided— 

15 ‘‘(i) in accordance with subsection 

16 (d)(2); 

17 ‘‘(ii) under a contract having an ini18 tial term of not less than 180 months that 

19 provides funding for a term 60 months, 

20 which funding shall be renewed upon expi21 ration, subject to the availability of suffi22 cient amounts in appropriation Acts. 

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

24 Of the total number of dwelling units in any 

25 multifamily housing project containing any unit 


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1 for which project rental assistance under the 

2 demonstration program under this subsection is 

3 provided, the aggregate number that are pro4 vided such project rental assistance, that are 

5 used for supportive housing for persons with 

6 disabilities, or to which any occupancy pref7 erence for persons with disabilities applies, may 

8 not exceed 25 percent of such total. 

9 ‘‘(C) PROHIBITION OF CAPITAL AD10 VANCES.—The Secretary may not provide a 

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

12 project for which assistance is provided under 

13 the demonstration program. 

14 ‘‘(D) ELIGIBLE POPULATION.—Project 

15 rental assistance under the demonstration pro16 gram under this subsection may be provided 

17 only for dwelling units for extremely low-income 

18 persons with disabilities and extremely low-in19 come households that include at least one per20 son with a disability. 

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

22 under this paragraph is a new or existing multi23 family housing project for which— 


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

2 resources from other public or private sources; 

3 and 

4 ‘‘(B) a commitment has been made— 

5 ‘‘(i) by the applicable State agency re6 sponsible for allocation of low-income hous7 ing tax credits under section 42 of the In8 ternal Revenue Code of 1986, for an allo9 cation of such credits; 

10 ‘‘(ii) by the applicable participating 

11 jurisdiction that receives assistance under 

12 the HOME Investment Partnership Act, 

13 for assistance from such jurisdiction; or 

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

15 State or local government, for funding for 

16 the project from funds from any other 

17 sources. 

18 ‘‘(4) STATE AGENCY INVOLVEMENT.—Assist19 ance under the demonstration may be provided only 

20 for projects for which the applicable State agency re21 sponsible for health and human services programs, 

22 and the applicable State agency designated to ad23 minister or supervise the administration of the State 

24 plan for medical assistance under title XIX of the 


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1 Social Security Act, have entered into such agree2 ments as the Secretary considers appropriate— 

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

4 be served by the project; 

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

6 referral; and 

7 ‘‘(C) to make available appropriate services 

8 for tenants of the project. 

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

10 project for which project rental assistance is pro11 vided under the demonstration program under this 

12 subsection, the dwelling units assisted pursuant to 

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

14 years as supportive housing for persons with disabil15 ities, in accordance with the application for the 

16 project approved by the Secretary, and such dwelling 

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

18 occupancy only by persons and households described 

19 in paragraph (2)(D). 

20 ‘‘(6) DURATION OF DEMONSTRATION.—The Sec21 retary may provide new project rental assistance con22 tracts pursuant to the demonstration program estab23 lished under this subsection for a period of not more 

24 than 5 years. 


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1 ‘‘(67) REPORT.—Upon the expiration of the 5- 

2 year period beginning on the date of the enactment 

3 of the Frank Melville Supportive Housing Invest4 ment Act of 2009set forth in paragraph (6), the Sec5 retary shall submit to the Congress a report describ6 ing the demonstration program under this sub7 section, analyzing the effectiveness of the program, 

8 including the effectiveness of the program compared 

9 to the program for capital advances in accordance 

10 with subsection (d)(1) (as in effect pursuant to the 

11 amendments made by such Act), and making rec12 ommendations regarding future models for assist13 ance under this section based upon the experiences 

14 under the program.’’. 

15 SEC. 5. TECHNICAL CORRECTIONS. 

16 Section 811 is amended— 

17 (1) in subsection (a)— 

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

19 the end; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘provides’’ and insert22 ing ‘‘makes available’’; and 

23 (ii) by striking the period at the end 

24 and inserting ‘‘; and’’; and 


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

2 paragraph: 

3 ‘‘(3) promotes and facilitates community inte4 gration for people with significant and long-term dis5 abilities.’’; 

6 (2) in subsection (c)— 

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

8 and inserting ‘‘housing and community-based 

9 services’’; and 

10 (B) in paragraph (2)— 

11 (i) by striking subparagraph (A) and 

12 inserting the following: 

13 ‘‘(A) make available voluntary supportive 

14 services that address the individual needs of 

15 persons with disabilities occupying such hous16 ing;’’; and 

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

18 the comma and inserting a semicolon; 

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

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

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

22 shall bear’’; 

23 (4) in subsection (f)— 

24 (A) in paragraph (3)— 


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

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

3 (ii) by striking subparagraph (C) and 

4 inserting the following: 

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

6 in— 

7 ‘‘(i) providing such supportive serv8 ices; or 

9 ‘‘(ii) creating and managing struc10 tured partnerships with service providers 

11 for the delivery of appropriate community12 based services;’’; 

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

14 ‘‘such persons’’ and all that follows 

15 through ‘‘provision of such services’’ and 

16 inserting ‘‘tenants’’; and 

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

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

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

20 and inserting ‘‘housing and community-based 

21 services’’; 

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

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

24 (A) in subparagraph (D) (as so redesig25 nated by section 3(c)(2) of this Act), by strikVerDate Mar 15 2010 02:08 Dec 15, 2010 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1481.RS S1481

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1 ing ‘‘the necessary supportive services will be 

2 provided’’ and inserting ‘‘appropriate supportive 

3 services will be made available’’; and 

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

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

6 inserting the following: 

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

8 design of the proposed project will facilitate the 

9 provision of community-based supportive serv10 ices and address other basic needs of persons 

11 with disabilities, including access to appropriate 

12 and accessible transportation, access to commu13 nity services agencies, public facilities, and 

14 shopping;’’; 

15 (6) in subsection (j)— 

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

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

18 and (7) as paragraphs (4), (5), and (6), respec19 tively; 

20 (7) in subsection (l) (as so redesignated by sec21 tion 4(1) of this Act)— 

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

23 the period at the end of the first sentence the 

24 following: ‘‘, which provides a separate bedroom 

25 for each tenant of the residence’’; 


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1 (B) by striking paragraph (2) and insert2 ing the following: 

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

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

5 less than 62 years of age, who— 

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

7 223 of the Social Security Act, 

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

9 issued by the Secretary, to have a physical, 

10 mental, or emotional impairment which— 

11 ‘‘(I) is expected to be of long-contin12 ued and indefinite duration; 

13 ‘‘(II) substantially impedes his or her 

14 ability to live independently; and 

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

16 ability could be improved by more suitable 

17 housing conditions; or 

18 ‘‘(iii) has a developmental disability as de19 fined in section 102 of the Developmental Dis20 abilities Assistance and Bill of Rights Act of 

21 2000. 

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

23 have the disease of acquired immunodeficiency syn24 drome or any conditions arising from the etiologic 

25 agent for acquired immunodeficiency syndrome. NotVerDate Mar 15 2010 02:08 Dec 15, 2010 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1481.RS S1481

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1 withstanding any other provision of law, no indi2 vidual shall be considered a person with disabilities, 

3 for purposes of eligibility for low-income housing 

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

5 alcohol dependence. The Secretary shall consult with 

6 other appropriate Federal agencies to implement the 

7 preceding sentence. 

8 ‘‘(C) The Secretary shall prescribe such regula9 tions as may be necessary to prevent abuses in de10 termining, under the definitions contained in this 

11 paragraph, the eligibility of families and persons for 

12 admission to and occupancy of housing assisted 

13 under this section. Notwithstanding the preceding 

14 provisions of this paragraph, the term ‘person with 

15 disabilities’ includes two or more persons with dis16 abilities living together, one or more such persons 

17 living with another person who is determined (under 

18 regulations prescribed by the Secretary) to be impor19 tant to their care or well-being, and the surviving 

20 member or members of any household described in 

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

22 under this section, with the deceased member of the 

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

24 (C) by striking paragraph (3) and insert25 ing the following new paragraph: 


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

2 with disabilities’ means dwelling units that— 

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

4 housing needs of very low-income persons with 

5 disabilities; and 

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

7 available supportive services that address the 

8 individual health, mental health, or other needs 

9 of such persons.’’; 

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

11 project for’’; and 

12 (E) in paragraph (6)— 

13 (i) by inserting after and below sub14 paragraph (D) the matter to be inserted by 

15 the amendment made by section 841 of the 

16 American Homeownership and Economic 

17 Opportunity Act of 2000 (Public Law 

18 106–569; 114 Stat. 3022); and 

19 (ii) in the matter inserted by the 

20 amendment made by subparagraph (A) of 

21 this paragraph, by striking ‘‘wholly owned 

22 and’’; and 

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

24 section 4(1) of this Act)— 


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1 (A) in paragraph (2), by striking ‘‘sub2 section (c)(1)’’ and inserting ‘‘subsection 

3 (d)(1)’’; and 

4 (B) in paragraph (3), by striking ‘‘sub5 section (c)(2)’’ and inserting ‘‘subsection 

6 (d)(2)’’. 

7 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

11 is authorized to be appropriated for each of fiscal years 

12 2009 through 20122011 through 2015 the following 

13 amounts: 

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

15 providing assistance pursuant to subsection (b), such 

16 sums as may be necessary. 

17 ‘‘(2) DEMONSTRATION PROGRAM.—For car18 rying out the demonstration program under sub19 section (k), such sums as may be necessary to pro20 vide 2,500 incremental dwelling units under such 

21 program in fiscal year 20092011 and 5,000 incre22 mental dwelling units under such program in each of 

23 fiscal years 2010, 2011, and 20122012, 2013, 2014, 

24 and 2015.’’. 


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1 SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE. 

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

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

4 Secretary of Housing and Urban Development shall issue 

5 new regulations and guidance for the program under sec6 tion 811 of the Cranston-Gonzalez National Affordable 

7 Housing Act for supportive housing for persons with dis8 abilities to carry out such program in accordance with the 

9 amendments made by this Act. 

10 SEC. 8. GAO STUDY. 

11 The Comptroller General of the United States shall 

12 conduct a study of the supportive housing for persons with 

13 disabilities program under section 811 of the Cranston14 Gonzalez National Affordable Housing Act (42 U.S.C. 

15 8013) to determine the adequacy and effectiveness of such 

16 program in assisting households of persons with disabil17 ities. Such study shall determine— 

18 (1) the total number of households assisted 

19 under such program; 

20 (2) the extent to which households assisted 

21 under other programs of the Department of Housing 

22 and Urban Development that provide rental assist23 ance or rental housing would be eligible to receive 

24 assistance under such section 811 program; and 

25 (3) the extent to which households described in 

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


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1 assistance under such section 811 program are re2 ceiving supportive services from, or assisted by, the 

3 Department of Housing and Urban Development 

4 other than through the section 811 program (includ5 ing under the Resident Opportunity and Self-Suffi6 ciency program) or from other sources. 

7 Upon the completion of the study required under this sec8 tion, the Comptroller General shall submit a report to the 

9 Congress setting forth the findings and conclusions of the 

10 study. 


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Calendar No. 689 

111TH CONGRESS 

2D SESSION S. 1481 

A BILL 

To amend section 811 of the Cranston-Gonzalez 

ing for persons with disabilities. program under such section for supportive housNational Affordable Housing Act to improve the 

DECEMBER 14, 2010 

Reported with amendments 


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