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[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S89-S92]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mr. Schumer, Mr. Durbin, Mr. Brown, Mr. 
        Nelson of Florida, Ms. Stabenow, Mr. Leahy, and Mr. Casey):
  S. 118. A bill to amend section 202 of the Housing Act of 1959, to 
improve the program under such section for supportive housing for the 
elderly, and for other purposes; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. KOHL. Mr. President, I am introducing the Section 202 Supportive 
Housing for the Elderly Act of 2008 with my colleague Senator Charles 
Schumer for the purpose of expanding and improving the Department of 
Housing and Urban Development's Section 202 Supportive Housing for the 
Elderly Program. Section 202 provides capital grants to nonprofit 
community organizations for the development of supportive housing and 
provision of rental assistance exclusively for low-income seniors. This 
program supplies housing that includes access to supportive services to 
allow seniors to remain safely in their homes and age in place. Access 
to supportive services reduces the occurrence of costly nursing home 
stays and helps save both seniors and the Federal Government money.
  There are over 300,000 seniors living in 6,000 Section 202 
developments across the country. Unfortunately, the program is far from 
meeting the growing demand. Approximately 730,000 additional senior 
housing units will be needed by 2020 in order to address the future 
housing needs of low-income seniors. There are currently 10 seniors 
vying for each unit that becomes available, with many seniors waiting 
years before finding a home. To make matters worse, we are losing older 
Section 202 properties to developers of high-priced condominiums and 
apartments. As a result, many seniors currently participating in the 
program could end up homeless.
  Congress needs to act now to address the demand for safe, affordable 
senior housing. Our legislation would promote the construction of new 
senior housing facilities as well as preserve and improve upon existing 
facilities. The legislation would also support the conversion of 
existing facilities into assisted living facilities that provide a wide 
variety of additional supportive health and social services. Under 
current law, these processes are time-consuming and bureaucratic, often 
requiring waivers and special permission from HUD. Finally, our 
legislation provides priority consideration for our homeless seniors 
seeking a place to call their own. With this bill, we hope to reduce 
current impediments and increase the availability of affordable and 
supportive housing for our Nations most vulnerable seniors.
  I want to thank the American Association of Homes and Services for 
the Aging as well as the Wisconsin Association of Homes and Services 
for the Aging for being champions of this legislation and for working 
with us to develop a comprehensive bill that will help meet the growing 
need for senior housing in this Nation.
  Senior citizens deserve to have housing that will help them maintain 
their independence. I urge that my colleagues will join Senator Schumer 
and me in our efforts to ensure that older Americans have a place to 
call home during their golden years.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 118

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Section 
     202 Supportive Housing for the Elderly Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.

                   TITLE I--NEW CONSTRUCTION REFORMS

Sec. 101. Project rental assistance.
Sec. 102. Selection criteria.
Sec. 103. Development cost limitations.
Sec. 104. Owner deposits.
Sec. 105. Definition of private nonprofit organization.
Sec. 106. Preferences for homeless elderly.
Sec. 107. Nonmetropolitan allocation.

                         TITLE II--REFINANCING

Sec. 201. Approval of prepayment of debt.
Sec. 202. Sources of refinancing.
Sec. 203. Use of unexpended amounts.
Sec. 204. Use of project residual receipts.
Sec. 205. Additional provisions.

                 TITLE III--ASSISTED LIVING FACILITIES

Sec. 301. Definition of assisted living facility.
Sec. 302. Monthly assistance payment under rental assistance.

  TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION TRANSACTIONS

Sec. 401. Use of sale or refinancing proceeds.

             TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE

Sec. 501. National senior housing clearinghouse.

                   TITLE I--NEW CONSTRUCTION REFORMS

     SEC. 101. PROJECT RENTAL ASSISTANCE.

       Paragraph (2) of section 202(c) of the Housing Act of 1959 
     (12 U.S.C. 1701q(c)(2)) is amended--
       (1) by inserting after ``assistance.--'' the following: 
     ``(A) Initial project rental assistance contract.--'';
       (2) in the last sentence, by striking ``may'' and inserting 
     ``shall''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Renewal of and increases in contract amounts.--
       ``(i) Expiration of contract term.--Upon the expiration of 
     each contract term, the Secretary shall adjust the annual 
     contract amount to provide for reasonable project costs, and 
     any increases, including adequate reserves, supportive 
     services, and service coordinators, except that any contract 
     amounts not used by a project during a contract term shall 
     not be available for such adjustments upon renewal.
       ``(ii) Emergency situations.--In the event of emergency 
     situations that are outside the

[[Page S90]]

     control of the owner, the Secretary shall increase the annual 
     contract amount, subject to reasonable review and limitations 
     as the Secretary shall provide.''.

     SEC. 102. SELECTION CRITERIA.

       Section 202(f)(1) of the Housing Act of 1959 (12 U.S.C. 
     1701q(f)) is amended--
       (1) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (2) by inserting after subparagraph (E) (as so redesignated 
     by paragraph (2) of this subsection) the following new 
     subparagraph:
       ``(F) the extent to which the applicant has ensured that a 
     service coordinator will be employed or otherwise retained 
     for the housing, who has the managerial capacity and 
     responsibility for carrying out the actions described in 
     subparagraphs (A) and (B) of subsection (g)(2);''.

     SEC. 103. DEVELOPMENT COST LIMITATIONS.

       Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 
     1701q(h)(1)) is amended, in the matter preceding subparagraph 
     (A), by inserting ``reasonable'' before ``development cost 
     limitations''.

     SEC. 104. OWNER DEPOSITS.

       Section 202(j)(3)(A) of the Housing Act of 1959 (12 U.S.C. 
     1701q(j)(3)(A)) is amended by inserting after the period at 
     the end the following: ``Such amount shall be used only to 
     cover operating deficits during the first 3 years of 
     operations and shall not be used to cover construction 
     shortfalls or inadequate initial project rental assistance 
     amounts.''.

     SEC. 105. DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.

       Subparagraph (B) of section 202(k)(4) of the Housing Act of 
     1959 (12 U.S.C. 1701q(k)(4)(B)) is amended by inserting 
     before the semicolon the following: ``, except that, in the 
     case of any national organization that is the owner of 
     multiple housing projects assisted under this section, the 
     organization may comply with clause (i) of this subparagraph 
     by having a local advisory board to the governing board of 
     the organization the membership which is selected in the 
     manner required under clause (i)''.

     SEC. 106. PREFERENCES FOR HOMELESS ELDERLY.

       Subsection (j) of section 202 of the Housing Act of 1959 
     (12 U.S.C. 1701q(j)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Preferences for homeless elderly.--The Secretary 
     shall permit an owner of housing assisted under this section 
     to establish for, and apply to, such housing a preference in 
     tenant selection for the homeless elderly, either within the 
     application or after selection pursuant to subsection (f), 
     but only if--
       ``(A) such preference is consistent with paragraph (2); and
       ``(B) the owner demonstrates that the supportive services 
     identified pursuant to subsection (e)(4), or additional 
     supportive services to be made available upon implementation 
     of the preference, will meet the needs of the homeless 
     elderly, maintain safety and security for all tenants, and be 
     provided on a consistent, long-term, and economical basis.''.

     SEC. 107. NONMETROPOLITAN ALLOCATION.

       Paragraph (3) of section 202(l) of the Housing Act of 1959 
     (12 U.S.C. 1701q(l)(3)) is amended by inserting after the 
     period at the end the following: ``In complying with this 
     paragraph, the Secretary shall either operate a national 
     competition for the nonmetropolitan funds or make allocations 
     to regional offices of the Department of Housing and Urban 
     Development.''.

                         TITLE II--REFINANCING

     SEC. 201. APPROVAL OF PREPAYMENT OF DEBT.

       Subsection (a) of section 811 of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) 
     is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     for which the Secretary's consent to prepayment is 
     required,'' after ``Affordable Housing Act)'';
       (2) in paragraph (1)--
       (A) by inserting ``at least 20 years following'' before 
     ``the maturity date'';
       (B) by inserting ``project-based'' before ``rental 
     assistance payments contract'';
       (C) by inserting ``project-based'' before ``rental housing 
     assistance programs''; and
       (D) by inserting ``, or any successor project-based rental 
     assistance program,'' after ``1701s))'';
       (3) by amending paragraph (2) to read as follows:
       ``(2) the prepayment may involve refinancing of the loan if 
     such refinancing results in--
       ``(A) a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       ``(B) a transaction in which the project owner will address 
     the physical needs of the project, but only if, as a result 
     of the refinancing--
       ``(i) the rent charges for unassisted families residing in 
     the project do not increase or such families are provided 
     rental assistance under a senior preservation rental 
     assistance contract for the project pursuant to subsection 
     (e); and
       ``(ii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

       ``(I) mark-up-to-market contracts pursuant to section 
     524(a)(3) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by 
     nonprofit organizations; or
       ``(II) mark-up-to-budget contracts pursuant to section 
     524(a)(4) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by eligible 
     owners (as such term is defined in section 202(k) of the 
     Housing Act of 1959 (12U.S.C. 1701q(k)); and''; and

       (4) by adding at the end the following:
       ``(3) notwithstanding paragraph (2)(A), the prepayment and 
     refinancing authorized pursuant to paragraph (2)(B) involves 
     an increase in debt service only in the case of a refinancing 
     of a project assisted with a loan under such section 202 
     carrying an interest rate of 6 percent or lower.''.

     SEC. 202. SOURCES OF REFINANCING.

       The last sentence of section 811(b) of the American 
     Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 
     1701q note) is amended--
       (1) by inserting after ``National Housing Act,'' the 
     following: ``or approving the standards used by authorized 
     lenders to underwrite a loan refinanced with risk sharing as 
     provided by section 542 of the Housing and Community 
     Development Act of 1992 (12 U.S.C.1701 note),''; and
       (2) by striking ``may'' and inserting ``shall''.

     SEC. 203. USE OF UNEXPENDED AMOUNTS.

       Subsection (c) of section 811 of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) 
     is amended--
       (1) by striking ``Use of Unexpended Amounts.--'' and 
     inserting ``Use of Proceeds.--'';
       (2) by amending the matter preceding paragraph (1) to read 
     as follows: ``Upon execution of the refinancing for a project 
     pursuant to this section, the Secretary shall ensure that 
     proceeds are used in a manner advantageous to tenants, or are 
     used in the provision of affordable rental housing and 
     related social services for elderly persons by the private 
     nonprofit organization project owner, private nonprofit 
     organization project sponsor, or private nonprofit 
     organization project developer, including--'';
       (3) in paragraph (1), by striking ``not more than 15 
     percent of'';
       (4) in paragraph (2), by inserting before the semicolon the 
     following; ``, including reducing the number of units by 
     reconfiguring units that are functionally obsolete, 
     unmarketable, or not economically viable'';
       (5) in paragraph (3), by striking ``or'' at the end;
       (6) in paragraph (4), by striking ``according to a pro rata 
     allocation of shared savings resulting from the 
     refinancing.'' and inserting a semicolon; and
       (7) by adding at the end the following new paragraphs:
       ``(5) rehabilitation of the project to ensure long-term 
     viability;
       ``(6) the payment to the project owner, sponsor, or third 
     party developer of a developer's fee in an amount not to 
     exceed--
       ``(A) in the case of a project refinanced through a State 
     low income housing tax credit program, the fee permitted by 
     the low income housing tax credit program as calculated by 
     the State program as a percentage of acceptable development 
     cost as defined by that State program; or
       ``(B) in the case of a project refinanced through any other 
     source of refinancing, 15 percent of the acceptable 
     development cost; and
       ``(7) the payment of equity, if any, to--
       ``(A) in the case of a sale, to the seller or the sponsor 
     of the seller, in an amount equal to the lesser of the 
     purchase price or the appraised value of the project, as each 
     is reduced by the cost of prepaying any outstanding 
     indebtedness on the project and transaction costs of the 
     sale; or
       ``(B) in the case of a refinancing without the transfer of 
     the project, to the project owner or the project sponsor, in 
     an amount equal to the difference between the appraised value 
     of the project less the outstanding indebtedness and total 
     acceptable development cost.

     For purposes of paragraphs (6)(B) and (7)(B), the term 
     ``acceptable development cost'' shall include, as applicable, 
     the cost of acquisition, rehabilitation, loan prepayment, 
     initial reserve deposits, and transaction costs.''.

     SEC. 204. USE OF PROJECT RESIDUAL RECEIPTS.

       Paragraph (1) of section 811(d) of the American 
     Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 
     1701q note) is amended--
       (1) by striking ``not more than 15 percent of''; and
       (2) by inserting before the period at the end the 
     following: ``or other purposes approved by the Secretary''.

     SEC. 205. ADDITIONAL PROVISIONS.

       Section 811 of the American Homeownership and Economic 
     Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended by 
     adding at the end the following new subsections:
       ``(e) Senior Preservation Rental Assistance Contracts.--
     Notwithstanding any other provision of law, in connection 
     with a prepayment plan for a project approved under 
     subsection (a) by the Secretary or as otherwise approved by 
     the Secretary to prevent displacement of elderly residents of 
     the project in the case of refinancing or recapitalization 
     and to further preservation and affordability of such 
     project, the Secretary shall provide project-based rental 
     assistance for the project under a senior preservation rental 
     assistance contract, as follows:

[[Page S91]]

       ``(1) Assistance under the contract shall be made available 
     to the private nonprofit organization owner--
       ``(A) for a term of at least 20 years, subject to annual 
     appropriations; and
       ``(B) under the same rules governing project-based rental 
     assistance made available under section 8 of the Housing Act 
     of 1937.
       ``(2) Any projects for which a senior preservation rental 
     assistance contract is provided shall be subject to a use 
     agreement to ensure continued project affordability having a 
     term of the longer of (A) the term of the senior preservation 
     rental assistance contract, or (B) such term as is required 
     by the new financing.
       ``(f) Mortgage Sale Demonstration.--
       ``(1) In general.--The Secretary may sell mortgages 
     associated with loans made under section 202 of the Housing 
     Act of 1959 (as in effect before the enactment of the 
     Cranston-Gonzalez National Affordable Housing Act) in 
     accordance with the relevant terms for sales of subsidized 
     loans on multifamily housing projects under section 203 of 
     the Housing and Community Development Amendments of 1978 (12 
     U.S.C. 1701z-11). For the purpose of demonstrating the 
     efficiency, effectiveness, quality, and timeliness of asset 
     management and regulatory oversight of certain portfolios of 
     such mortgages by State housing finance agencies, the 
     Secretary shall carry out a demonstration program, in not 
     more than 5 States, to sell portfolios of such mortgages to 
     State housing finance agencies for a price not to exceed the 
     unpaid principal balances of such mortgages and otherwise in 
     accordance with the requirements of such section 203.
       ``(2) Limitations.--In carrying out the demonstration 
     program required under paragraph (1), the Secretary shall--
       ``(A) prohibit State housing finance agencies from giving 
     preference to, or conditioning the approval of, awards of 
     subordinate debt funds, allocations of tax credits, or tax 
     exempt bonds based on the use of financing for the first 
     mortgage that is provided by such State housing finance 
     agency;
       ``(B) require such agencies to allow, in accordance with 
     this section, for the refinancing or prepayment of loans made 
     under section 202 of the Housing Act of 1959 with a loan 
     selected by the owners, except that any use restrictions on 
     the property for which the loan was made shall remain in 
     effect for the duration provided under the original terms of 
     such loan; and
       ``(C) only carry out the demonstration program in a State 
     that has experience with operating and maintaining a housing 
     preservation revolving loan fund.
       ``(3) Study.--The Secretary shall conduct a study to 
     evaluate the performance and results of the demonstration 
     program carried out under paragraph (1). In conducting such 
     study, the Secretary shall place particular emphasis on 
     whether the asset management functions and activities related 
     to loans and properties held in the portfolios sold to State 
     housing finance agencies under such demonstration program 
     have been accomplished in a timely, effective, and efficient 
     manner, including an analysis of approvals of refinancings 
     and preservation transactions, rent increase requests, 
     withdrawals from reserves or residual receipts (where there 
     is no contract administrator), and provider and resident 
     satisfaction.
       ``(4) Report.--Not later than 3 years after the date of 
     enactment of this subsection, the Secretary shall submit a 
     report to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives on--
       ``(A) the findings of the study required under paragraph 
     (3); and
       ``(B) any recommendations the Secretary may have for 
     expanding the demonstration project required under paragraph 
     (1).
       ``(g) Subordination or Assumption of Existing Debt.--In 
     lieu of prepayment under this section of the indebtedness 
     with respect to a project, the Secretary may approve--
       ``(1) in connection with new financing for the project, the 
     subordination of the loan for the project under section 202 
     of the Housing Act of 1959 (as in effect before the enactment 
     of the Cranston-Gonzalez National Affordable Housing Act) and 
     the continued subordination of any other existing subordinate 
     debt previously approved by the Secretary to facilitate 
     preservation of the project as affordable housing; or
       ``(2) the assumption (which may include the subordination 
     described in paragraph (1)) of the loan for the project under 
     such section 202 in connection with the transfer of the 
     project with such a loan to a private nonprofit organization.
       ``(h) Flexible Subsidy Debt.--The Secretary shall waive the 
     requirement that debt for a project pursuant to the flexible 
     subsidy program under section 201 of the Housing and 
     Community Development Amendments of 1978 (12 U.S.C. 1715z-1a) 
     be prepaid in connection with a prepayment, refinancing, or 
     transfer under this section of a project if such waiver is 
     necessary for the financial feasibility of the transaction 
     and is consistent with the long-term preservation of the 
     project as affordable housing.
       ``(i) Tenant Involvement in Prepayment and Refinancing.--
     The Secretary shall not accept an offer to prepay the loan 
     for any project under section 202 of the Housing Act of 1959 
     unless the Secretary has--
       ``(1) determined that the owner of the project has notified 
     the tenants of the owner's request for approval of a 
     prepayment;
       ``(2) determined that the owner of the project has provided 
     the tenants with an opportunity to comment on the owner's 
     request for approval of a prepayment, including a description 
     of any anticipated rehabilitation or other use of the 
     proceeds from the transaction, and its impacts on project 
     rents, tenant contributions, or the affordability 
     restrictions for the project; and
       ``(3) taken such comments into consideration.
       ``(j) Definition of Private Nonprofit Organization.--For 
     purposes of this section, the term `private nonprofit 
     organization' has the meaning given such term in section 
     202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).''.

                 TITLE III--ASSISTED LIVING FACILITIES

     SEC. 301. DEFINITION OF ASSISTED LIVING FACILITY.

       Section 202b(g) of the Housing Act of 1959 (12 U.S.C. 
     1701q-2(g)) is amended by striking paragraph (1) and 
     inserting the following new paragraph:
       ``(1) the term `assisted living facility' means a facility 
     that--
       ``(A) is owned by a private nonprofit organization; and
       ``(B)(i) is licensed and regulated by a State (or if there 
     is no State law providing for such licensing and regulation 
     by the State, by the municipality or other political 
     subdivision in which the facility is located); or
       ``(ii)(I) makes available, directly or through recognized 
     and experienced third party service providers, to residents 
     at the resident's request or choice supportive services to 
     assist the residents in carrying out the activities of daily 
     living, as described in section 232(b)(6)(B) of the National 
     Housing Act (12 U.S.C. 1715w(b)(6)(B)); and
       ``(II) provides separate dwelling units for residents, each 
     of which may contain a full kitchen and bathroom and which 
     includes common rooms and other facilities appropriate for 
     the provision of supportive services to the residents of the 
     facility; and''.

     SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL ASSISTANCE.

       Clause (iii) of section 8(o)(18)(B) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) is 
     amended by inserting before the period at the end the 
     following: ``, except that a family may be required at the 
     time the family initially receives such assistance to pay 
     rent in an amount exceeding 40 percent of the monthly 
     adjusted income of the family by such an amount or percentage 
     that is reasonable given the services and amenities provided 
     and as the Secretary deems appropriate.''.

  TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION TRANSACTIONS

     SEC. 401. USE OF SALE OR REFINANCING PROCEEDS.

       Notwithstanding any other provision of law, in connection 
     with the sale or refinancing of a multifamily housing 
     project, or the transfer of an assistance contract on such a 
     property, that requires the approval of the Secretary of 
     Housing and Urban Development, the Secretary shall not impose 
     any condition that restricts the amount or use of sale or 
     refinancing proceeds, or requires the filing of a financial 
     report, unless such condition is expressly authorized by an 
     existing contract entered into between the Secretary (or the 
     Secretary's designee) and the project owner before the 
     imposition of a condition prohibited by this section or is a 
     general condition for new financing with a mortgage insured 
     by the Secretary. Any such condition previously imposed by 
     the Secretary after January 1, 2005, shall, at the option of 
     the project owner, be considered void and not enforceable, 
     and any agreement containing such a condition shall be 
     rescinded and may be reissued without the void condition.

             TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE

     SEC. 501. NATIONAL SENIOR HOUSING CLEARINGHOUSE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary of Housing and Urban 
     Development shall establish and operate a clearinghouse to 
     serve as a national repository to receive, collect, process, 
     assemble, and disseminate information regarding the 
     availability and quality of multifamily developments for 
     elderly tenants, including--
       (1) the availability of--
       (A) supportive housing for the elderly pursuant to section 
     202 of the Housing Act of 1959 (12 U.S.C. 1701q), including 
     any housing unit assisted with a project rental assistance 
     contract under such section;
       (B) properties and units eligible for assistance under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f);
       (C) properties eligible for the low-income housing tax 
     credit under section 42 of the Internal Revenue Code of 1986;
       (D) units in assisted living facilities insured pursuant to 
     section 221(d)(4) of the National Housing Act (12 U.S.C. 
     1715l(d)(4));
       (E) units in any multifamily project that has been 
     converted into an assisted living facility for elderly 
     persons pursuant to section 202b of the Housing Act of 1959 
     (12 U.S.C. 1701q-2); and
       (F) any other federally assisted or subsidized housing for 
     the elderly;
       (2) the number of available units in each property, 
     project, or facility described in paragraph (1);
       (3) the number of bedrooms in each available unit in each 
     property, project, or facility described in paragraph (1);

[[Page S92]]

       (4) the estimated cost to a potential tenant to rent or 
     reside in each available unit in each property, project, or 
     facility described in paragraph (1);
       (5) the presence of a waiting list for entry into any 
     available unit in each property, project, or facility 
     described in paragraph (1);
       (6) the number of persons on the waiting list for entry 
     into any available unit in each property, project, or 
     facility described in paragraph (1);
       (7) the estimated time an individual can expect to be on 
     the waiting list for entry into any available unit in each 
     property, project, or facility described in paragraph (1);
       (8) the amenities available in each available unit in each 
     property, project, or facility described in paragraph (1), 
     including--
       (A) the services provided by such property, project, or 
     facility;
       (B) the size and availability of common space within each 
     property, project, or facility;
       (C) the availability of organized activities for 
     individuals residing in such property, project, or facility; 
     and
       (D) any other additional amenities available to individuals 
     residing in such property, project, or facility;
       (9) the level of care (personal, physical, or nursing) 
     available to individuals residing in any property, project, 
     or facility described in paragraph (1);
       (10) whether there is a service coordinator in any 
     property, project, or facility described in paragraph (1); 
     and
       (11) any other criteria determined appropriate by the 
     Secretary.
       (b) Collection and Updating of Information.--
       (1) Initial collection.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall conduct an annual survey requesting 
     information from each owner of a property, project, or 
     facility described in subsection (a)(1) regarding the 
     provisions described in paragraphs (2) through (11) of such 
     subsection.
       (2) Response time.--Not later than 30 days after receiving 
     the request described under paragraph (1), the owner of each 
     such property, project, or facility shall submit such 
     information to the Secretary of Housing and Urban 
     Development.
       (3) Public availability.--Not later than 60 days after the 
     Secretary of Housing and Urban Development receives the 
     submission of any information required under paragraph (2), 
     the Secretary shall make such information publicly available 
     through the clearinghouse.
       (4) Updates.--The Secretary of Housing and Urban 
     Development shall conduct an annual survey of each owner of a 
     property, project, or facility described in subsection (a)(1) 
     for the purpose of updating or modifying information provided 
     in the initial collection of information under paragraph (1). 
     Not later than 30 days after receiving such a request, the 
     owner of each such property, project, or facility shall 
     submit such updates or modifications to the Secretary. Not 
     later than 60 days after receiving such updates or 
     modifications, the Secretary shall inform the clearinghouse 
     of such updated or modified information.
       (c) Functions.--The clearinghouse established under 
     subsection (a) shall--
       (1) respond to inquiries from State and local governments, 
     other organizations, and individuals requesting information 
     regarding the availability of housing in multifamily 
     developments for elderly tenants;
       (2) make such information publicly available via the 
     Internet website of the Department of Housing and Urban 
     Development, which shall include--
       (A) access via electronic mail; and
       (B) an easily searchable, sortable, downloadable, and 
     accessible index that itemizes the availability of housing in 
     multifamily developments for elderly tenants by State, 
     county, and zip code;
       (3) establish a toll-free number to provide the public with 
     specific information regarding the availability of housing in 
     multifamily developments for elderly tenants; and
       (4) perform any other duty that the Secretary determines 
     necessary to achieve the purposes of this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out this 
     section.
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