110TH CONGRESS 

2D SESSION H. R. 5772 

AN ACT 

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 2008’’. 

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 first subsection des19 ignation and all that follows through the end of 

20 subparagraph (B) of paragraph (2) and insert21 ing the 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 

25 this section (as in effect before the date of the enact-
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1 ment of the Frank Melville Supportive Housing In2 vestment Act of 2008). 

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. 3. MODERNIZED CAPITAL ADVANCE PROGRAM. 

19 (a) PROJECT RENTAL ASSISTANCE CONTRACTS.— 

20 Section 811 is amended— 

21 (1) in subsection (d)(2)— 

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

23 RENTAL ASSISTANCE CONTRACT.—’’ after 

24 ‘‘PROJECT RENTAL ASSISTANCE.—’’ 
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1 (B) in the first sentence, by inserting after 

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

3 (e)(2) and shall’’; 

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

5 each place such term appears and inserting 

6 ‘‘amount provided under the contract for each 

7 year covered by the contract’’; and 

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

9 subparagraph: 

10 ‘‘(B) RENEWAL OF AND INCREASES IN CON11 TRACT AMOUNTS.— 

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

13 Upon the expiration of each contract term, sub14 ject to the availability of amounts made avail15 able in appropriation Acts, the Secretary shall 

16 adjust the annual contract amount to provide 

17 for reasonable project costs, and any increases, 

18 including adequate reserves and service coordi19 nators, except that any contract amounts not 

20 used by a project during a contract term shall 

21 not be available for such adjustments upon re22 newal. 

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

24 event of emergency situations that are outside 

25 the control of the owner, the Secretary shall in-
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1 crease the annual contract amount, subject to 

2 reasonable review and limitations as the Sec3 retary shall provide.’’. 

4 (2) in subsection (e)(2)— 

5 (A) in the first sentence, by inserting be6 fore the period at the end the following: ‘‘, ex7 cept that, in the case of the sponsor of a project 

8 assisted with any low-income housing tax credit 

9 pursuant to section 42 of the Internal Revenue 

10 Code of 1986 or with any tax-exempt housing 

11 bonds, the contract shall have an initial term of 

12 not be less than 360 months and shall provide 

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

14 (B) by striking ‘‘extend any expiring con15 tract’’ and insert ‘‘upon expiration of a contract 

16 (or any renewed contract), renew such con17 tract’’. 

18 (b) PROGRAM REQUIREMENTS.—Section 811 is 

19 amended— 

20 (1) in subsection (e)— 

21 (A) by striking the subsection heading and 

22 inserting the following: ‘‘PROGRAM REQUIRE23 MENTS’’; 

24 (B) by striking paragraph (1) and insert25 ing the following new paragraph: 
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1 ‘‘(1) USE RESTRICTIONS.— 

2 ‘‘(A) TERM.—Any project for which a cap3 ital advance is provided under subsection (d)(1) 

4 shall be operated for not less than 40 years as 

5 supportive housing for persons with disabilities, 

6 in accordance with the application for the 

7 project approved by the Secretary and shall, 

8 during such period, be made available for occu9 pancy only by very low-income persons with dis10 abilities. 

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

12 project requests the use of the project for the 

13 direct benefit of very low-income persons with 

14 disabilities and, pursuant to such request the 

15 Secretary determines that a project is no longer 

16 needed for use as supportive housing for per17 sons with disabilities, the Secretary may ap18 prove the request and authorize the owner to 

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

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

21 paragraphs: 

22 ‘‘(3) LIMITATION ON USE OF FUNDS.—No as23 sistance received under this section (or any State or 

24 local government funds used to supplement such as25 sistance) may be used to replace other State or local 
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1 funds previously used, or designated for use, to as2 sist persons with disabilities. 

3 ‘‘(4) MULTIFAMILY PROJECTS.— 

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

5 subparagraph (B), of the total number of dwell6 ing units in any multifamily housing project 

7 (including any condominium or cooperative 

8 housing project) containing any unit for which 

9 assistance is provided from a capital grant 

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

11 the enactment of the Frank Melville Supportive 

12 Housing Investment Act of 2008, the aggregate 

13 number that are used for persons with disabil14 ities, including supportive housing for persons 

15 with disabilities, or to which any occupancy 

16 preference for persons with disabilities applies, 

17 may not exceed 25 percent of such total. 

18 ‘‘(B) EXCEPTION.—Subparagraph (A) 

19 shall not apply in the case of any project that 

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

21 and 

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

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

24 section 811 (42 U.S.C. 8013(g)) is amended— 
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1 (1) by striking ‘‘SELECTION CRITERIA.—’’ and 

2 inserting ‘‘SELECTION CRITERIA AND PROC3 ESSING.—(1) SELECTION CRITERIA.—’’; 

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

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

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

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

8 paragraph: 

9 ‘‘(2) DELEGATED PROCESSING.— 

10 ‘‘(A) In issuing a capital advance under sub11 section (d)(1) for any multifamily project (but not 

12 including any project that is a group home or inde13 pendent living facility) for which financing for the 

14 purposes described in the last sentence of subsection 

15 (b) is provided by a combination of the capital ad16 vance and sources other than this section, within 30 

17 days of award of the capital advance, the Secretary 

18 shall delegate review and processing of such projects 

19 to a State or local housing agency that— 

20 ‘‘(i) is in geographic proximity to the prop21 erty; 

22 ‘‘(ii) has demonstrated experience in and 

23 capacity for underwriting multifamily housing 

24 loans that provide housing and supportive serv25 ices; 
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1 ‘‘(iii) may or may not be providing low-in2 come housing tax credits in combination with 

3 the capital advance under this section; and 

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

5 within 12 months of delegation. 

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

7 process capital advances in cases in which no State 

8 or local housing agency has applied to provide dele9 gated processing pursuant to this paragraph or no 

10 such agency has entered into an agreement with the 

11 Secretary to serve as a delegated processing agency. 

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

13 is delegated pursuant to subparagraph (A) may as14 sess a reasonable fee which shall be included in the 

15 capital advance amounts and may recommend 

16 project rental assistance amounts in excess of those 

17 initially awarded by the Secretary. The Secretary 

18 shall develop a schedule for reasonable fees under 

19 this subparagraph to be paid to delegated processing 

20 agencies, which shall take into consideration any 

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

22 provided to the project by the agency, including 

23 bonds, tax credits, and other gap funding. 

24 ‘‘(D) Under such delegated system, the Sec25 retary shall retain the authority to approve rents 
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1 and development costs and to execute a capital ad2 vance within 60 days of receipt of the commitment 

3 from the State or local agency. The Secretary shall 

4 provide to such agency and the project sponsor, in 

5 writing, the reasons for any reduction in capital ad6 vance amounts or project rental assistance and such 

7 reductions shall be subject to appeal.’’. 

8 (d) LEVERAGING OTHER RESOURCES.—Paragraph 

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

10 (c)(1) of this section) is amended by inserting after sub11 paragraph (E) (as so redesignated by subsection (c)(2) of 

12 this section) the following new subparagraph: 

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

14 of units to be assisted under this section will be 

15 supplemented with resources from other public 

16 and private sources;’’. 

17 (e) TENANT PROTECTIONS AND ELIGIBILITY FOR

18 OCCUPANCY.—Section 811 is amended by striking sub19 section (i) and inserting the following new subsection: 

20 ‘‘(i) ADMISSION AND OCCUPANCY.— 

21 ‘‘(1) TENANT SELECTION.— 

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

23 written tenant selection procedures that are sat24 isfactory to the Secretary as (i) consistent with 

25 the purpose of improving housing opportunities 
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1 for very low-income persons with disabilities; 

2 and (ii) reasonably related to program eligibility 

3 and an applicant’s ability to perform the obliga4 tions of the lease. Owners shall promptly notify 

5 in writing any rejected applicant of the grounds 

6 for any rejection. 

7 ‘‘(B) REQUIREMENT FOR OCCUPANCY.— 

8 Occupancy in dwelling units provided assistance 

9 under this section shall be available only to per10 sons with disabilities and households that in11 clude at least one person with a disability. 

12 ‘‘(C) AVAILABILITY.—Except only as pro13 vided in subparagraph (D), occupancy in dwell14 ing units in housing provided with assistance 

15 under this section shall be available to all per16 sons with disabilities eligible for such occupancy 

17 without regard to the particular disability in18 volved. 

19 ‘‘(D) LIMITATION ON OCCUPANCY.—Not20 withstanding any other provision of law, the 

21 owner of housing developed under this section 

22 may, with the approval of the Secretary, limit 

23 occupancy within the housing to persons with 

24 disabilities who can benefit from the supportive 

25 services offered in connection with the housing. 
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1 ‘‘(2) TENANT PROTECTIONS.— 

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

3 and an owner of housing assisted under this 

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

5 shall contain such terms and conditions as the 

6 Secretary shall determine to be appropriate. 

7 ‘‘(B) TERMINATION OF TENANCY.—An 

8 owner may not terminate the tenancy or refuse 

9 to renew the lease of a tenant of a rental dwell10 ing unit assisted under this section except— 

11 ‘‘(i) for serious or repeated violation 

12 of the terms and conditions of the lease, 

13 for violation of applicable Federal, State, 

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

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

16 than 30 days before such termination or 

17 refusal to renew, with written notice speci18 fying the grounds for such action. 

19 ‘‘(C) VOLUNTARY PARTICIPATION IN SERV20 ICES.—A supportive service plan for housing 

21 assisted under this section shall permit each 

22 resident to take responsibility for choosing and 

23 acquiring their own services, to receive any sup24 portive services made available directly or indi-
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1 rectly by the owner of such housing, or to not 

2 receive any supportive services.’’. 

3 (f) DEVELOPMENT COST LIMITATIONS.—Subsection 

4 (h) of section 811 is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking the paragraph heading and 

7 inserting ‘‘GROUP HOMES’’; 

8 (B) in the first sentence, by striking ‘‘var9 ious types and sizes’’ and inserting ‘‘group 

10 homes’’; 

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

12 (D) by redesignating subparagraphs (F) 

13 and (G) as subparagraphs (E) and (F), respec14 tively; 

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

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

17 and 

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

19 paragraph: 

20 ‘‘(6) APPLICABILITY OF HOME PROGRAM COST

21 LIMITATIONS.— 

22 ‘‘(A) IN GENERAL.—The provisions of sec23 tion 212(e) of the Cranston-Gonzalez National 

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

25 and the cost limits established by the Secretary 
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1 pursuant to such section with respect to the 

2 amount of funds under subtitle A of title II of 

3 such Act that may be invested on a per unit 

4 basis, shall apply to supportive housing assisted 

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

6 and the amount of funds under such subsection 

7 that may be invested on a per unit basis. 

8 ‘‘(B) WAIVERS.—The Secretary shall pro9 vide for waiver of the cost limits applicable pur10 suant to subparagraph (A)— 

11 ‘‘(i) in the cases in which the cost lim12 its established pursuant to section 212(e) 

13 of the Cranston-Gonzalez National Afford14 able Housing Act may be waived; and 

15 ‘‘(ii) to provide for— 

16 ‘‘(I) the cost of special design 

17 features to make the housing acces18 sible to persons with disabilities; 

19 ‘‘(II) the cost of special design 

20 features necessary to make individual 

21 dwelling units meet the special needs 

22 of persons with disabilities; and 

23 ‘‘(III) the cost of providing the 

24 housing in a location that is accessible 

25 to public transportation and commu-
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1 nity organizations that provide sup2 portive services to persons with dis3 abilities.’’. 

4 (g) REPEAL OF AUTHORITY TO WAIVE SIZE LIMITA5 TIONS.—Paragraph (1) of section 811(k) is amended— 

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

7 sentence; and 

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

9 higher number of persons’’ and all that follows 

10 through ‘‘subsection (h)(6))’’. 

11 (h) MINIMUM ALLOCATION FOR MULTIFAMILY

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

13 the preceding provisions of this Act, is further amended 

14 by inserting before paragraph (2) the following new para15 graph: 

16 ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY

17 PROJECTS.—The Secretary shall establish a min18 imum percentage of the amount made available for 

19 each fiscal year for capital advances under sub20 section (d)(1) that shall be used for multifamily 

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

22 SEC. 4. PROJECT RENTAL ASSISTANCE COMPETITIVE DEM23 ONSTRATION PROGRAM. 

24 Section 811, as amended by the preceding provisions 

25 of this Act, is further amended— 
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1 (1) by redesignating subsections (k) through 

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

3 (2) by inserting after subsection (j) the fol4 lowing new subsection: 

5 ‘‘(k) PROJECT RENTAL ASSISTANCE-ONLY COMPETI6 TIVE DEMONSTRATION PROGRAM.— 

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

8 out a demonstration program under this subsection 

9 to expand the supply of supportive housing for non10 elderly adults with disabilities, under which the Sec11 retary shall make funds available for project rental 

12 assistance pursuant to paragraph (2) for eligible 

13 projects under paragraph (3). The Secretary shall 

14 provide for State housing finance agencies and other 

15 appropriate entities to apply to the Secretary for 

16 such project rental assistance funds, which shall be 

17 made available by such agencies and entities for 

18 dwelling units in eligible projects based upon criteria 

19 established by the Secretary for the demonstration 

20 program under this subsection. The Secretary may 

21 not require any State housing finance agency or 

22 other entity applying for project rental assistance 

23 funds under the demonstration program to identify 

24 in such application the eligible projects for which 

25 such funds will be used, and shall allow such agen-
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1 cies and applicants to subsequently identify such eli2 gible projects pursuant to the making of commit3 ments described in paragraph (3)(B). 

4 ‘‘(2) PROJECT RENTAL ASSISTANCE.— 

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

6 assistance under the demonstration program 

7 under this subsection shall be provided— 

8 ‘‘(i) in accordance with subsection 

9 (d)(2); and 

10 ‘‘(ii) under a contract having an ini11 tial term of not less than 180 months that 

12 provides funding for a term 60 months, 

13 which funding shall be renewed upon expi14 ration, subject to the availability of suffi15 cient amounts in appropriation Acts. 

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

17 Of the total number of dwelling units in any 

18 multifamily housing project containing any unit 

19 for which project rental assistance under the 

20 demonstration program under this subsection is 

21 provided, the aggregate number that are pro22 vided such project rental assistance, that are 

23 used for supportive housing for persons with 

24 disabilities, or to which any occupancy pref-
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1 erence for persons with disabilities applies, may 

2 not exceed 25 percent of such total. 

3 ‘‘(C) PROHIBITION OF CAPITAL AD4 VANCES.—The Secretary may not provide a 

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

6 project for which assistance is provided under 

7 the demonstration program. 

8 ‘‘(D) ELIGIBLE POPULATION.—Project 

9 rental assistance under the demonstration pro10 gram under this subsection may be provided 

11 only for dwelling units for extremely low-income 

12 persons with disabilities and extremely low-in13 come households that include at least one per14 son with a disability. 

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

16 under this paragraph is a new or existing multi17 family housing project for which— 

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

19 resources from other public or private sources; 

20 and 

21 ‘‘(B) a commitment has been made— 

22 ‘‘(i) by the applicable State agency re23 sponsible for allocation of low-income hous24 ing tax credits under section 42 of the In-
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1 ternal Revenue Code of 1986, for an allo2 cation of such credits; 

3 ‘‘(ii) by the applicable participating 

4 jurisdiction that receives assistance under 

5 the HOME Investment Partnership Act, 

6 for assistance from such jurisdiction; or 

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

8 State or local government, for funding for 

9 the project from funds from any other 

10 sources. 

11 ‘‘(4) STATE AGENCY INVOLVEMENT.—Assist12 ance under the demonstration may be provided only 

13 for projects for which the applicable State agency re14 sponsible for health and human services programs, 

15 and the applicable State agency designated to ad16 minister or supervise the administration of the State 

17 plan for medical assistance under title XIX of the 

18 Social Security Act, have entered into such agree19 ments as the Secretary considers appropriate— 

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

21 be served by the project; 

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

23 referral; and 

24 ‘‘(C) to make available appropriate services 

25 for tenants of the project. 
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1 ‘‘(5) USE REQUIREMENTS.—In the case of any 

2 project for which project rental assistance is pro3 vided under the demonstration program under this 

4 subsection, the dwelling units assisted pursuant to 

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

6 years as supportive housing for persons with disabil7 ities, in accordance with the application for the 

8 project approved by the Secretary, and such dwelling 

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

10 occupancy only by persons and households described 

11 in paragraph (2)(D). 

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

13 year period beginning on the date of the enactment 

14 of the Frank Melville Supportive Housing Invest15 ment Act of 2008, the Secretary shall submit to the 

16 Congress a report describing the demonstration pro17 gram under this subsection, analyzing the effective18 ness of the program, including the effectiveness of 

19 the program compared to the program for capital 

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

21 effect pursuant to the amendments made by such 

22 Act), and making recommendations regarding future 

23 models for assistance under this section based upon 

24 the experiences under the program.’’. 
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1 SEC. 5. TECHNICAL CORRECTIONS. 

2 Section 811 is amended— 

3 (1) in subsection (a)— 

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

5 the end; 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘provides’’ and insert8 ing ‘‘makes available’’; and 

9 (ii) by striking the period at the end 

10 and inserting ‘‘; and’’ ; and 

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

12 paragraph: 

13 ‘‘(3) promotes and facilitates community inte14 gration for people with significant and long-term dis15 abilities.’’; 

16 (2) in subsection (c)— 

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

18 and inserting ‘‘housing and community-based 

19 services’’; and 

20 (B) in paragraph (2)— 

21 (i) by striking subparagraph (A) and 

22 inserting the following: 

23 ‘‘(A) make available voluntary supportive 

24 services that address the individual needs of 

25 persons with disabilities occupying such hous26 ing;’’; and 
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1 (ii) in subparagraph (B), by striking 

2 the comma and inserting a semicolon; 

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

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

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

6 shall bear’’; 

7 (4) in subsection (f)— 

8 (A) in paragraph (3)— 

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

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

11 (ii) by striking subparagraph (C) and 

12 inserting the following: 

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

14 in— 

15 ‘‘(i) providing such supportive serv16 ices; or 

17 ‘‘(ii) creating and managing struc18 tured partnerships with service providers 

19 for the delivery of appropriate community20 based services;’’; 

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

22 ‘‘such persons’’ and all that follows 

23 through ‘‘provision of such services’’ and 

24 inserting ‘‘tenants’’; and 
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1 (iv) in subparagraph (E), by inserting 

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

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

4 and inserting ‘‘housing and community-based 

5 services’’; 

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

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

8 (A) in subparagraph (D) (as so redesig9 nated by section 3(c)(2) of this Act), by strik10 ing ‘‘the necessary supportive services will be 

11 provided’’ and inserting ‘‘appropriate supportive 

12 services will be made available’’; and 

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

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

15 inserting the following: 

16 ‘‘(E) the extent to which the location and de17 sign of the proposed project will facilitate the provi18 sion of community-based supportive services and ad19 dress other basic needs of persons with disabilities, 

20 including access to appropriate and accessible trans21 portation, access to community services agencies, 

22 public facilities, and shopping;’’; 

23 (6) in subsection (j)— 

24 (A) by striking paragraph (4); and 
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1 (B) by redesignating paragraphs (5), (6), 

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

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

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

7 the period at the end of the first sentence the 

8 following: ‘‘, which provides a separate bedroom 

9 for each tenant of the residence’’; 

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

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

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

14 less than 62 years of age, who— 

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

16 223 of the Social Security Act; 

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

18 issued by the Secretary, to have a physical, 

19 mental, or emotional impairment which— 

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

22 ‘‘(II) substantially impedes his or her 

23 ability to live independently; and 
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1 ‘‘(III) is of such a nature that such 

2 ability could be improved by more suitable 

3 housing conditions; or 

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

7 2000. 

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

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

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

14 for purposes of eligibility for low-income housing 

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

16 alcohol dependence. The Secretary shall consult with 

17 other appropriate Federal agencies to implement the 

18 preceding sentence. 

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

22 paragraph, the eligibility of families and persons for 

23 admission to and occupancy of housing assisted 

24 under this section. Notwithstanding the preceding 

25 provisions of this paragraph, the term ‘person with 
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1 disabilities’ includes two or more persons with dis2 abilities living together, one or more such persons 

3 living with another person who is determined (under 

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

6 member or members of any household described in 

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

8 under this section, with the deceased member of the 

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

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

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

13 with disabilities’ means dwelling units that— 

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

15 housing needs of very low-income persons with 

16 disabilities; and 

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

18 available supportive services that address the 

19 individual health, mental health, or other needs 

20 of such persons.’’; 

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

22 project for’’; and 

23 (E) in paragraph (6)— 

24 (i) by inserting after and below sub25 paragraph (D) the matter to be inserted by 
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1 the amendment made by section 841 of the 

2 American Homeownership and Economic 

3 Opportunity Act of 2000 (Public Law 

4 106–569; 114 Stat. 3022); and 

5 (ii) in the matter inserted by the 

6 amendment made by subparagraph (A) of 

7 this paragraph, by striking ‘‘wholly owned 

8 and’’; and 

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

10 section 4(1) of this Act)— 

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

13 (d)(1)’’; and 

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

16 (d)(2)’’. 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

21 is authorized to be appropriated for each of fiscal years 

22 2008 through 2012 the following amounts: 

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

24 providing assistance pursuant to subsection (b), such 

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

5 program in each of fiscal years 2008 and 2009 and 

6 5,000 incremental dwelling units under such pro7 gram in each of fiscal years 2010, 2011, and 

8 2012.’’. 

9 SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE. 

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

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

12 Secretary of Housing and Urban Development shall issue 

13 new regulations and guidance for the program under sec14 tion 811 of the Cranston-Gonzalez National Affordable 

15 Housing Act for supportive housing for persons with dis16 abilities to carry out such program in accordance with the 

17 amendments made by this Act. 

18 SEC. 8. GAO STUDY. 

19 The Comptroller General of the United States shall 

20 conduct a study of the supportive housing for persons with 

21 disabilities program under section 811 of the Cranston22 Gonzalez National Affordable Housing Act (42 U.S.C. 

23 8013) to determine the adequacy and effectiveness of such 

24 program in assisting households of persons with disabil25 ities. Such study shall determine— 
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1 (1) the total number of households assisted 

2 under such program; 

3 (2) the extent to which households assisted 

4 under other programs of the Department of Housing 

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

7 assistance under such section 811 program; and 

8 (3) the extent to which households described in 

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

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

12 Department of Housing and Urban Development 

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

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

18 Congress setting forth the findings and conclusions of the 

19 study. 

Passed the House of Representatives September 17, 

2008. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION H. R. 5772 

AN ACT 

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