IB 

Union Calendar No. 546 

110TH CONGRESS 

2D SESSION H. R. 5772 

[Report No. 110–845] 

To amend section 811 of the Cranston-Gonzalez National Affordable Housin

Act to improve the program under such section for supportive housin

for persons with disabilities. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2008 

Mr. MURPHY of Connecticut (for himself and Mrs. BIGGERT) introduced the 

following bill; which was referred to the Committee on Financial Servic

SEPTEMBER 15, 2008 

Additional sponsors: Mr. PALLONE, Mr. TOWNS, Mr. FRANK of Massachusetts, Mr. FILNER, Mr. ELLISON, Mr. MEEKS of New York, Mr. LYNCH, 

Mr. COHEN, Mr. AL GREEN of Texas, Ms. WATERS, Mr. HINOJOSA, Mr. 

SIRES, Mr. ROTHMAN, Ms. SCHAKOWSKY, Mr. ALTMIRE, and Mr. 

MCGOVERN

SEPTEMBER 15, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 10, 2008] 

A BILL 

To amend section 811 of the Cranston-Gonzalez National 

Affordable Housing Act to improve the program under 

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such section for supportive housing for persons with d

abilities. 

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

3 SECTION 1. SHORT TITLE; REFERENCES. 

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

5 ‘‘Frank Melville Supportive Housing Investment Act of 

6 2008’’. 

7 (b) REFERENCES.—Except as otherwise expressly pro8 vided, wherever in this Act an amendment or repeal is ex9 pressed in terms of an amendment to, or repeal of, section 

10 811 or any other provision of section 811, the reference shall 

11 be considered to be made to section 811 of the Cranston12 Gonzalez National Affordable Housing Act (42 U.S.C. 

13 8013). 

14 SEC. 2. TENANT-BASED RENTAL ASSISTANCE THROUGH 

15 CERTIFICATE FUND. 

16 (a) TERMINATION OF MAINSTREAM TENANT-BASED

17 RENTAL ASSISTANCE PROGRAM.—Section 811 is amend18 ed— 

19 (1) in subsection (b)— 

20 (A) by striking the first subsection designa21 tion and all that follows through the end of sub22 paragraph (B) of paragraph (2) and inserting 

23 the following: 

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1 ‘‘(b) AUTHORITY TO PROVIDE ASSISTANCE.—The Sec2 retary is authorized to provide assistance to private non3 profit organizations to expand the supply of supportive 

4 housing for persons with disabilities, which shall be pro5 vided as— 

6 ‘‘(1) capital advances in accordance with sub7 section (d)(1), and 

8 ‘‘(2) contracts for project rental assistance in ac9 cordance with subsection (d)(2).’’; and 

10 (B) by striking ‘‘assistance under this para11 graph’’ and inserting ‘‘Assistance under this sub12 section’’; 

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

14 and 

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

16 (b) RENEWAL THROUGH SECTION 8.—Section 811 is 

17 amended by adding at the end the following new subsection: 

18 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS FOR SEC19 TION 8 ASSISTANCE.— 

20 ‘‘(1) IN GENERAL.—There is authorized to be ap21 propriated for tenant-based rental assistance under 

22 section 8(o) of the United States Housing Act of 1937 

23 (42 U.S.C. 1437f(o)) for persons with disabilities in 

24 fiscal year 2009 the amount necessary to provide a 

25 number of incremental vouchers under such section 

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1 that is equal to the number of vouchers provided in 

2 fiscal year 2008 under the tenant-based rental assist3 ance program under subsection (d)(4) of this section 

4 (as in effect before the date of the enactment of the 

5 Frank Melville Supportive Housing Investment Act of 

6 2008). 

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

8 Secretary shall develop and issue, to public housing 

9 agencies that receive voucher assistance made avail10 able under this subsection and to public housing agen11 cies that received voucher assistance under section 

12 8(o) of the United States Housing Act of 1937 (42 

13 U.S.C. 1437f(o)) for non-elderly disabled families 

14 pursuant to appropriation Acts for fiscal years 1997 

15 through 2002 or any other subsequent appropriations 

16 for incremental vouchers for non-elderly disabled fam17 ilies, guidance to ensure that, to the maximum extent 

18 possible, such vouchers continue to be provided upon 

19 turnover to qualified persons with disabilities or to 

20 qualified non-elderly disabled families, respectively.’’. 

21 SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM. 

22 (a) PROJECT RENTAL ASSISTANCE CONTRACTS.—Sec23 tion 811 is amended— 

24 (1) in subsection (d)(2)— 

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

2 RENTAL ASSISTANCE CONTRACT.—’’ after 

3 ‘‘PROJECT RENTAL ASSISTANCE.—’’ 

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

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

6 (e)(2) and shall’’; 

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

8 each place such term appears and inserting 

9 ‘‘amount provided under the contract for each 

10 year covered by the contract’’; and 

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

12 subparagraph: 

13 ‘‘(B) RENEWAL OF AND INCREASES IN CONTRACT

14 AMOUNTS.— 

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

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

19 adjust the annual contract amount to provide for 

20 reasonable project costs, and any increases, in21 cluding adequate reserves and service coordina22 tors, except that any contract amounts not used 

23 by a project during a contract term shall not be 

24 available for such adjustments upon renewal. 

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

2 event of emergency situations that are outside the 

3 control of the owner, the Secretary shall increase 

4 the annual contract amount, subject to reason5 able review and limitations as the Secretary 

6 shall provide.’’. 

7 (2) in subsection (e)(2)— 

8 (A) in the first sentence, by inserting before 

9 the period at the end the following: ‘‘, except 

10 that, in the case of the sponsor of a project as11 sisted with any low-income housing tax credit 

12 pursuant to section 42 of the Internal Revenue 

13 Code of 1986 or with any tax-exempt housing 

14 bonds, the contract shall have an initial term of 

15 not be less than 360 months and shall provide 

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

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

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

20 (b) PROGRAM REQUIREMENTS.—Section 811 is 

21 amended— 

22 (1) in subsection (e)— 

23 (A) by striking the subsection heading and 

24 inserting the following: ‘‘PROGRAM REQUIRE25 MENTS’’; 

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1 (B) by striking paragraph (1) and inserting 

2 the following new paragraph: 

3 ‘‘(1) USE RESTRICTIONS.— 

4 ‘‘(A) TERM.—Any project for which a cap5 ital advance is provided under subsection (d)(1) 

6 shall be operated for not less than 40 years as 

7 supportive housing for persons with disabilities, 

8 in accordance with the application for the 

9 project approved by the Secretary and shall, dur10 ing such period, be made available for occupancy 

11 only by very low-income persons with disabil12 ities. 

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

14 project requests the use of the project for the di15 rect benefit of very low-income persons with dis16 abilities and, pursuant to such request the Sec17 retary determines that a project is no longer 

18 needed for use as supportive housing for persons 

19 with disabilities, the Secretary may approve the 

20 request and authorize the owner to convert the 

21 project to such use.’’; and 

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

23 paragraphs: 

24 ‘‘(3) LIMITATION ON USE OF FUNDS.—No assist25 ance received under this section (or any State or local 

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1 government funds used to supplement such assistance) 

2 may be used to replace other State or local funds pre3 viously used, or designated for use, to assist persons 

4 with disabilities. 

5 ‘‘(4) MULTIFAMILY PROJECTS.— 

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

7 subparagraph (B), of the total number of dwell8 ing units in any multifamily housing project 

9 (including any condominium or cooperative 

10 housing project) containing any unit for which 

11 assistance is provided from a capital grant 

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

13 the enactment of the Frank Melville Supportive 

14 Housing Investment Act of 2008, the aggregate 

15 number that are used for persons with disabil16 ities, including supportive housing for persons 

17 with disabilities, or to which any occupancy 

18 preference for persons with disabilities applies, 

19 may not exceed 25 percent of such total. 

20 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

21 not apply in the case of any project that is a 

22 group home or independent living facility.’’; and 

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

24 (c) DELEGATED PROCESSING.—Subsection (g) of sec25 tion 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 PROCESSING.— 

3 (1) SELECTION CRITERIA.—’’; 

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

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

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

7 (3) by adding at the end the following new para8 graph: 

9 ‘‘(2) DELEGATED PROCESSING.— 

10 ‘‘(A) In issuing a capital advance under sub11 section (d)(1) for any multifamily project (but not in12 cluding 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 assess 

14 a reasonable fee which shall be included in the capital 

15 advance amounts and may recommend project rental 

16 assistance amounts in excess of those initially award17 ed by the Secretary. The Secretary shall develop a 

18 schedule for reasonable fees under this subparagraph 

19 to be paid to delegated processing agencies, which 

20 shall take into consideration any other fees to be paid 

21 to the agency for other funding provided to the project 

22 by the agency, including bonds, tax credits, and other 

23 gap funding. 

24 ‘‘(D) Under such delegated system, the Secretary 

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1 opment costs and to execute a capital advance within 

2 60 days of receipt of the commitment from the State 

3 or local agency. The Secretary shall provide to such 

4 agency and the project sponsor, in writing, the rea5 sons for any reduction in capital advance amounts or 

6 project rental assistance and such reductions shall be 

7 subject to appeal.’’. 

8 (d) LEVERAGING OTHER RESOURCES.—Paragraph (1) 

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

10 this section) is amended by inserting after subparagraph 

11 (E) (as so redesignated by subsection (c)(2) of this section) 

12 the following new subparagraph: 

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

14 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 OC18 CUPANCY.—Section 811 is amended by striking subsection 

19 (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.—Oc8 cupancy 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 sec4 tion shall be for not less than one year, and shall 

5 contain such terms and conditions as the Sec6 retary 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 of 

12 the terms and conditions of the lease, for 

13 violation of applicable Federal, State, or 

14 local law, or for other good cause; and 

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

16 than 30 days before such termination or re17 fusal 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 as21 sisted under this section shall permit each resi22 dent to take responsibility for choosing and ac23 quiring their own services, to receive any sup24 portive services made available directly or indimstockstill on PROD1PC66 with BILLS

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1 rectly by the owner of such housing, or to not re2 ceive 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 para19 graph: 

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) of 

13 the Cranston-Gonzalez National Affordable 

14 Housing Act may be waived; and 

15 ‘‘(ii) to provide for— 

16 ‘‘(I) the cost of special design fea17 tures to make the housing accessible to 

18 persons with disabilities; 

19 ‘‘(II) the cost of special design fea20 tures necessary to make individual 

21 dwelling units meet the special needs of 

22 persons with disabilities; and 

23 ‘‘(III) the cost of providing the 

24 housing in a location that is accessible 

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1 nity organizations that provide sup2 portive services to persons with disabil3 ities.’’. 

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 sen7 tence; and 

8 (2) in paragraph (4), by striking ‘‘(or such high9 er number of persons’’ and all that follows through 

10 ‘‘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 by 

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

16 ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY

17 PROJECTS.—The Secretary shall establish a minimum 

18 percentage of the amount made available for each fis19 cal year for capital advances under subsection (d)(1) 

20 that shall be used for multifamily projects subject to 

21 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 (n) 

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

3 (2) by inserting after subsection (j) the following 

4 new subsection: 

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

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

8 a demonstration program under this subsection to ex9 pand the supply of supportive housing for non-elderly 

10 adults with disabilities, under which the Secretary 

11 shall make funds available for project rental assist12 ance pursuant to paragraph (2) for eligible projects 

13 under paragraph (3). The Secretary shall provide for 

14 State housing finance agencies and other appropriate 

15 entities to apply to the Secretary for such project 

16 rental assistance funds, which shall be made available 

17 by such agencies and entities for dwelling units in eli18 gible projects based upon criteria established by the 

19 Secretary for the demonstration program under this 

20 subsection. The Secretary may not require any State 

21 housing finance agency or other entity applying for 

22 project rental assistance funds under the demonstra23 tion program to identify in such application the eligi24 ble projects for which such funds will be used, and 

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1 quently identify such eligible projects pursuant to the 

2 making of commitments described in paragraph 

3 (3)(B). 

4 ‘‘(2) PROJECT RENTAL ASSISTANCE.— 

5 ‘‘(A) CONTRACT TERMS.—Project rental as6 sistance under the demonstration program under 

7 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.—Of 

17 the total number of dwelling units in any multi18 family housing project containing any unit for 

19 which project rental assistance under the dem20 onstration program under this subsection is pro21 vided, the aggregate number that are provided 

22 such project rental assistance, that are used for 

23 supportive housing for persons with disabilities, 

24 or to which any occupancy preference for persons 

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1 with disabilities applies, may not exceed 25 per2 cent of such total. 

3 ‘‘(C) PROHIBITION OF CAPITAL AD4 VANCES.—The Secretary may not provide a cap5 ital advance under subsection (d)(1) for any 

6 project for which assistance is provided under 

7 the demonstration program. 

8 ‘‘(D) ELIGIBLE POPULATION.—Project rent9 al assistance under the demonstration program 

10 under this subsection may be provided only for 

11 dwelling units for extremely low-income persons 

12 with disabilities and extremely low-income 

13 households that include at least one person with 

14 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 re19 sources from other public or private sources; and 

20 ‘‘(B) a commitment has been made— 

21 ‘‘(i) by the applicable State agency re22 sponsible for allocation of low-income hous23 ing tax credits under section 42 of the In24 ternal Revenue Code of 1986, for an alloca25 tion of such credits; 

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1 ‘‘(ii) by the applicable participating 

2 jurisdiction that receives assistance under 

3 the HOME Investment Partnership Act, for 

4 assistance from such jurisdiction; or 

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

6 State or local government, for funding for 

7 the project from funds from any other 

8 sources. 

9 ‘‘(4) STATE AGENCY INVOLVEMENT.—Assistance 

10 under the demonstration may be provided only for 

11 projects for which the applicable State agency respon12 sible for health and human services programs, and the 

13 applicable State agency designated to administer or 

14 supervise the administration of the State plan for 

15 medical assistance under title XIX of the Social Secu16 rity Act, have entered into such agreements as the 

17 Secretary considers appropriate— 

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

19 served by the project; 

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

21 referral; and 

22 ‘‘(C) to make available appropriate services 

23 for tenants of the project. 

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

25 project for which project rental assistance is provided 

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1 under the demonstration program under this sub2 section, the dwelling units assisted pursuant to para3 graph (2) shall be operated for not less than 30 years 

4 as supportive housing for persons with disabilities, in 

5 accordance with the application for the project ap6 proved by the Secretary, and such dwelling units 

7 shall, during such period, be made available for occu8 pancy only by persons and households described in 

9 paragraph (2)(D). 

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

11 year period beginning on the date of the enactment of 

12 the Frank Melville Supportive Housing Investment 

13 Act of 2008, the Secretary shall submit to the Con14 gress a report describing the demonstration program 

15 under this subsection, analyzing the effectiveness of 

16 the program, including the effectiveness of the pro17 gram compared to the program for capital advances 

18 in accordance with subsection (d)(1) (as in effect pur19 suant to the amendments made by such Act), and 

20 making recommendations regarding future models for 

21 assistance under this section based upon the experi22 ences under the program.’’. 

23 SEC. 5. TECHNICAL CORRECTIONS. 

24 Section 811 is amended— 

25 (1) in subsection (a)— 

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

2 the end; 

3 (B) in paragraph (2)— 

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

6 (ii) by striking the period at the end 

7 and inserting ‘‘; and’’ ; and 

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

9 paragraph: 

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

13 (2) in subsection (c)— 

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

15 and inserting ‘‘housing and community-based 

16 services’’; and 

17 (B) in paragraph (2)— 

18 (i) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) make available voluntary supportive 

21 services that address the individual needs of per22 sons with disabilities occupying such housing;’’; 

23 and 

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

25 the comma and inserting a semicolon; 

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

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

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

4 shall bear’’; 

5 (4) in subsection (f)— 

6 (A) in paragraph (3)— 

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

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

9 (ii) by striking subparagraph (C) and 

10 inserting the following: 

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

12 in— 

13 ‘‘(i) providing such supportive services; 

14 or 

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

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

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

20 ‘‘such persons’’ and all that follows through 

21 ‘‘provision of such services’’ and inserting 

22 ‘‘tenants’’; and 

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

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

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

2 and inserting ‘‘housing and community-based 

3 services’’; 

4 (5) in subsection (g), in paragraph (1) (as so re5 designated by section 3(c)(1) of this Act)— 

6 (A) in subparagraph (D) (as so redesig7 nated by section 3(c)(2) of this Act), by striking 

8 ‘‘the necessary supportive services will be pro9 vided’’ and inserting ‘‘appropriate supportive 

10 services will be made available’’; and 

11 (B) by striking subparagraph (E) (as so re12 designated by section 3(c)(2) of this Act) and in13 serting the following: 

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

15 of the proposed project will facilitate the provision of 

16 community-based supportive services and address 

17 other basic needs of persons with disabilities, includ18 ing access to appropriate and accessible transpor19 tation, access to community services agencies, public 

20 facilities, and shopping;’’; 

21 (6) in subsection (j)— 

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

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

24 and (7) as paragraphs (4), (5), and (6), respec25 tively; 

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1 (7) in subsection (l) (as so redesignated by sec2 tion 4(1) of this Act)— 

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

4 the period at the end of the first sentence the fol5 lowing: ‘‘, which provides a separate bedroom for 

6 each tenant of the residence’’; 

7 (B) by striking paragraph (2) and inserting 

8 the following: 

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

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

11 less than 62 years of age, who— 

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

13 223 of the Social Security Act; 

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

15 issued by the Secretary, to have a physical, men16 tal, or emotional impairment which— 

17 ‘‘(I) is expected to be of long-continued 

18 and indefinite duration; 

19 ‘‘(II) substantially impedes his or her 

20 ability to live independently; and 

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

22 ability could be improved by more suitable 

23 housing conditions; or 

24 ‘‘(iii) has a developmental disability as de25 fined in section 102 of the Developmental Dismstockstill on PROD1PC66 with BILLS

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1 abilities Assistance and Bill of Rights Act of 

2 2000. 

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

4 have the disease of acquired immunodeficiency syn5 drome or any conditions arising from the etiologic 

6 agent for acquired immunodeficiency syndrome. Not7 withstanding any other provision of law, no indi8 vidual shall be considered a person with disabilities, 

9 for purposes of eligibility for low-income housing 

10 under this title, solely on the basis of any drug or al11 cohol dependence. The Secretary shall consult with 

12 other appropriate Federal agencies to implement the 

13 preceding sentence. 

14 ‘‘(C) The Secretary shall prescribe such regula15 tions as may be necessary to prevent abuses in deter16 mining, under the definitions contained in this para17 graph, the eligibility of families and persons for ad18 mission to and occupancy of housing assisted under 

19 this section. Notwithstanding the preceding provisions 

20 of this paragraph, the term ‘person with disabilities’ 

21 includes two or more persons with disabilities living 

22 together, one or more such persons living with another 

23 person who is determined (under regulations pre24 scribed by the Secretary) to be important to their care 

25 or well-being, and the surviving member or members 

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1 of any household described in subparagraph (A) who 

2 were living, in a unit assisted under this section, with 

3 the deceased member of the household at the time of 

4 his or her death.’’; 

5 (C) by striking paragraph (3) and inserting 

6 the following new paragraph: 

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

8 with disabilities’ means dwelling units that— 

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

10 housing needs of very low-income persons with 

11 disabilities; and 

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

13 available supportive services that address the in14 dividual health, mental health, or other needs of 

15 such persons.’’; 

16 (D) in paragraph (5), by striking ‘‘a project 

17 for’’; and 

18 (E) in paragraph (6)— 

19 (i) by inserting after and below sub20 paragraph (D) the matter to be inserted by 

21 the amendment made by section 841 of the 

22 American Homeownership and Economic 

23 Opportunity Act of 2000 (Public Law 106– 

24 569; 114 Stat. 3022); and 

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1 (ii) in the matter inserted by the 

2 amendment made by subparagraph (A) of 

3 this paragraph, by striking ‘‘wholly owned 

4 and’’; and 

5 (8) in subsection (m) (as so redesignated by sec6 tion 4(1) of this Act)— 

7 (A) in paragraph (2), by striking ‘‘sub8 section (c)(1)’’ and inserting ‘‘subsection (d)(1)’’; 

9 and 

10 (B) in paragraph (3), by striking ‘‘sub11 section (c)(2)’’ and inserting ‘‘subsection (d)(2)’’. 

12 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

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

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

15 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated for each of fiscal years 2008 

17 through 2012 the following amounts: 

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

19 providing assistance pursuant to subsection (b), such 

20 sums as may be necessary. 

21 ‘‘(2) DEMONSTRATION PROGRAM.—For carrying 

22 out the demonstration program under subsection (k), 

23 such sums as may be necessary to provide 2,500 in24 cremental dwelling units under such program in each 

25 of fiscal years 2008 and 2009 and 5,000 incremental 

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1 dwelling units under such program in each of fiscal 

2 years 2010, 2011, and 2012.’’. 

3 SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE. 

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

5 beginning on the date of the enactment of this Act, the Sec6 retary of Housing and Urban Development shall issue new 

7 regulations and guidance for the program under section 811 

8 of the Cranston-Gonzalez National Affordable Housing Act 

9 for supportive housing for persons with disabilities to carry 

10 out such program in accordance with the amendments made 

11 by this Act. 

12 SEC. 8. GAO STUDY. 

13 The Comptroller General of the United States shall 

14 conduct a study of the supportive housing for persons with 

15 disabilities program under section 811 of the Cranston16 Gonzalez National Affordable Housing Act (42 U.S.C. 8013) 

17 to determine the adequacy and effectiveness of such program 

18 in assisting households of persons with disabilities. Such 

19 study shall determine— 

20 (1) the total number of households assisted under 

21 such program; 

22 (2) the extent to which households assisted under 

23 other programs of the Department of Housing and 

24 Urban Development that provide rental assistance or 

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1 rental housing would be eligible to receive assistance 

2 under such section 811 program; and 

3 (3) the extent to which households described in 

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

5 assistance under such section 811 program are receiv6 ing supportive services from, or assisted by, the De7 partment of Housing and Urban Development other 

8 than through the section 811 program (including 

9 under the Resident Opportunity and Self-Sufficiency 

10 program) or from other sources. 

11 Upon the completion of the study required under this sec12 tion, the Comptroller General shall submit a report to the 

13 Congress setting forth the findings and conclusions of the 

14 study. 

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Union Calendar No. 546 

110TH CONGRESS 

2D SESSION H. R. 5772 

[Report No. 110–845] 

A BILL 

To amend section 811 of the Cranston-Gonzalez 

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

SEPTEMBER 15, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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