January 6, 2009 CONGRESSIONAL RECORD — SENATE S89 

By Mr. KOHL (for himself, Ms. 

COLLINS, Mrs. LINCOLN, Mrs. 

BOXER, and Ms. MIKULSKI): 

S. 117. A bill to protect the property 

and security of homeowners who are 

subject to foreclosure proceedings, and 

for other purposes; to the Committee 

on Banking, Housing, and Urban Affairs. 

Mr. KOHL. Mr. President, I am introducing the Foreclosure Rescue Fraud 

Act of 2009 with my colleagues Senators COLLINS and LINCOLN. This legislation, which we introduced last Congress, will make it more difficult for financial predators to take advantage of 

homeowners in foreclosure. 

Foreclosure rescue scams are another 

consequence of the housing crisis that 

is plaguing the country. Foreclosure 

filings have been climbing across the 

country for the past two years and in 

Wisconsin, filings have risen 22 percent 

over the past year. Additionally, the 

Federal Reserve estimates that 2.5 million Americans will be facing foreclosure in 2009. As default rates and 

foreclosure filings have steadily increased, so have financial scams which 

prey on homeowners. The Better Business Bureau listed foreclosure rescue 

scams as one of the top ten financial 

scams in 2008. 

For most people, their home is their 

greatest asset. When a homeowner falls 

behind in their payments, it can cause 

a great deal of emotional stress on the 

family. Scam artists prey on owner’s 

desperation and give them a false sense 

of security, claiming they can help 

‘‘save their home.’’ The types of scams 

vary, but the end result is that the 

homeowner is left in a more desperate 

situation than before. 

The Foreclosure Rescue Fraud Act 

aims to prevent these cruel abuses by 

increasing disclosure and creating 

strict requirements for a person or entity offering foreclosure-rescue services. The legislation prohibits a ‘‘foreclosure consultant’’ from collecting 

any fee or compensation before completing contracted services, and from 

obtaining power of attorney from a 

homeowner. It also requires full disclosure of third-party consideration in the 

property and creates a 3-day right to 

cancel the foreclosure-rescue contract. 

Finally, the legislation creates a federal ‘‘floor’’ of protection and allows 

states without rescue-fraud laws to use 

these provisions as a way to help scam 

victims. The Foreclosure Rescue Fraud 

Act will make it easier for states and 

the Federal Government to combat 

these schemes and protect people who 

are already financially distressed from 

being made worse off. 

The past year has exposed the irregularities and inadequacies of our banking regulations. As Congress continues 

to work on proposals to restore confidence in our financial industry, it is 

imperative that we put in place new 

rules and regulations that better protect consumers in order to avoid further economic strain. 

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 lowincome 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 highpriced 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 


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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: 


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‘‘(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 CranstonGonzalez 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); 


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(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. 

By Mrs. FEINSTEIN: 

S. 119. A bill for the relief of Guy 

Privat Tape and Lou Nazie Raymonde 

Toto; to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, 

today I am reintroducing a private relief bill on behalf of Guy Privat Tape 

and his wife Lou Nazie Raymonde 

Toto. Mr. Tape and Ms. Toto are citizens of the Ivory Coast, but have been 

living in the San Francisco area of 

California for approximately 15 years. 

The story of Mr. Tape and Ms. Toto is 

compelling and I believe they merit 

Congress’ special consideration for 

such an extraordinary form of relief as 

a private bill. 

Mr. Tape and Ms. Toto were previously political activists who were 

subjected to numerous atrocities in the 

early 1990s in the Ivory Coast. 

After a demonstration in which both 

were promoting peace, they were jailed 

and tortured by their own government. 

Ms. Toto was brutally raped by her 

captors and in 1997 learned that she had 

contracted HIV. 

Despite the hardships that they suffered, Mr. Tape and Ms. Toto were able 

to make a better life for themselves in 

the United States. Mr. Tape arrived in 

the U.S. in 1993 on a B1/B2 non-immigrant visa. Ms. Toto entered without 

inspection in 1995 from Spain. Despite 

being diagnosed with HIV, Ms. Toto 

was able to give birth to two healthy 

children, Melody, age 10, and Emmanuel, age 6. 

Since arriving in the United States, 

this family has dedicated themselves 

to community involvement and a 

strong work ethic. They pay taxes and 

own their own home in Hercules, CA. 

They are active members of Easter Hill 

United Methodist Church. 

Mr. Tape works full-time as a security guard with Universal Protective 

Services. He also manages a small business, Melody’s Carpet Cleaning & Upholstery. He employs four other individuals, all U.S. citizens. Unfortunately, in 2002, Mr. Tape was diagnosed 

with urologic cancer. While his doctor 

states that the cancer is currently in 

remission, he will continue to require 

life-long surveillance to monitor for reoccurrence of the disease. 

In addition to raising her two children, Ms. Toto became a certified Nursing Assistant in 2001 and currently 

works at Creekside Health Care in San 

Pablo, CA. She hopes to finish her 

schooling so that she can become a 

Registered Nurse. Ms. Toto continues 

to receive medical treatment for HIV. 

According to her doctor, without access to adequate health care and laboratory monitoring, she is at risk of 

developing life threatening illnesses. 

Mr. Tape and Ms. Toto applied for 

asylum when they arrived in the U.S., 

but after many years of litigation, the 

claim was ultimately denied by the 9th 

Circuit Court of Appeals. 

Although the regime which subjected 

Mr. Tape and Ms. Toto to imprisonment and torture is no longer in power, 

Mr. Tape has been afraid to return to 

the Ivory Coast due to his prior association with President Gbagbo. Mr. 

Tape strongly believes that his family 

will be targeted if they return to the 

Ivory Coast. 

One of the most compelling reasons 

for permitting the family to remain in 

the United States is the impact their 

deportation would have on their two 

children. For Melody and Emmanuel, 

the United States is the only country 

they have ever known. Mr. Tape believes that if the family returns to the 

Ivory Coast, these two young children 

will be forced to enter the army. 

We are the only hope for this family 

who seeks to remain in the United 

States. To send them back to the Ivory 

Coast, where they will likely face persecution and will not be able to obtain 

adequate medical treatment for their 

illnesses would be devastating to them. 

They are contributing members of 

their community and have embraced 

the American dream with their strong 

work ethic and family values. I have 

received approximately 50 letters from 

the church community in support of 

this family. Representative GEORGE

MILLER has also requested that we assist this family. 

I ask my colleagues to support this 

private bill. 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. 119 

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

Congress assembled, 

SECTION 1. PERMANENT RESIDENT STATUS FOR 

GUY PRIVAT TAPE AND LOU NAZIE 

RAYMONDE TOTO. 

(a) IN GENERAL.—Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 

1151), Guy Privat Tape and Lou Nazie 

Raymonde Toto shall each be eligible for the 

issuance of an immigrant visa or for adjustment of status to that of an alien lawfully 

admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act (8 

U.S.C. 1154) or for adjustment of status to 

lawful permanent resident. 

(b) ADJUSTMENT OF STATUS.—If Guy Privat 

Tape or Lou Nazie Raymonde Toto enters 

the United States before the filing deadline 

specified in subsection (c), Guy Privat Tape 

or Lou Nazie Raymonde Toto, as appropriate, shall be considered to have entered 


wwoods2 on PRODPC68 with SENATE