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crease the annual contract amount, subject to 
reasonable review and limitations as the Sec-
retary shall provide.’’. 
(2) in subsection (e)(2)— 
(A) in the first sentence, by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that, in the case of the sponsor of a project 
assisted with any low-income housing tax credit 
pursuant to section 42 of the Internal Revenue 
Code of 1986 or with any tax-exempt housing 
bonds, the contract shall have an initial term of 
not less than 360 months and shall provide 
funding for a term of 60 months’’; and 
(B) by striking ‘‘extend any expiring con-
tract’’ and insert ‘‘upon expiration of a contract 
(or any renewed contract), renew such con-
tract’’. 
(b) PROGRAM
REQUIREMENTS.—Section 811 is 
amended— 
(1) in subsection (e)— 
(A) by striking the subsection heading and 
inserting the following: ‘‘PROGRAM REQUIRE-
MENTS’’; 
(B) by striking paragraph (1) and insert-
ing the following new paragraph: 
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‘‘(1) USE RESTRICTIONS.— 
‘‘(A) TERM.—Any project for which a cap-
ital advance is provided under subsection (d)(1) 
shall be operated for not less than 40 years as 
supportive housing for persons with disabilities, 
in accordance with the application for the 
project approved by the Secretary and shall, 
during such period, be made available for occu-
pancy only by very low-income persons with dis-
abilities. 
‘‘(B) CONVERSION.—If the owner of a 
project requests the use of the project for the 
direct benefit of very low-income persons with 
disabilities and, pursuant to such request the 
Secretary determines that a project is no longer 
needed for use as supportive housing for per-
sons with disabilities, the Secretary may ap-
prove the request and authorize the owner to 
convert the project to such use.’’; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(3) LIMITATION ON USE OF FUNDS.—No as-
sistance received under this section (or any State or 
local government funds used to supplement such as-
sistance) may be used to replace other State or local 
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funds previously used, or designated for use, to as-
sist persons with disabilities. 
‘‘(4) MULTIFAMILY PROJECTS.— 
‘‘(A) LIMITATION.—Except as provided in 
subparagraph (B), of the total number of dwell-
ing units in any multifamily housing project 
(including any condominium or cooperative 
housing project) containing any unit for which 
assistance is provided from a capital grant 
under subsection (d)(1) made after the date of 
the enactment of the Frank Melville Supportive 
Housing Investment Act of 2009, the aggregate 
number that are used for persons with disabil-
ities, including supportive housing for persons 
with disabilities, or to which any occupancy 
preference for persons with disabilities applies, 
may not exceed 25 percent of such total. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply in the case of any project that 
is a group home or independent living facility.’’; 
and 
(2) in subsection (l), by striking paragraph (4). 
(c) DELEGATED PROCESSING.—Subsection (g) of 
section 811 (42 U.S.C. 8013(g)) is amended— 
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(1) by striking ‘‘SELECTION CRITERIA.—’’ and 
inserting 
‘‘SELECTION
CRITERIA
AND
PROC-
ESSING.—(1) SELECTION CRITERIA.—’’; 
(2) by redesignating paragraphs (1), (2), (3), 
(4), (5), (6), and (7) as subparagraphs (A), (B), 
(C), (D), (E), (G), and (H), respectively; 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) DELEGATED PROCESSING.— 
‘‘(A) In issuing a capital advance under sub-
section (d)(1) for any multifamily project (but not 
including any project that is a group home or inde-
pendent living facility) for which financing for the 
purposes described in the last sentence of subsection 
(b) is provided by a combination of the capital ad-
vance and sources other than this section, within 30 
days of award of the capital advance, the Secretary 
shall delegate review and processing of such projects 
to a State or local housing agency that— 
‘‘(i) is in geographic proximity to the prop-
erty; 
‘‘(ii) has demonstrated experience in and 
capacity for underwriting multifamily housing 
loans that provide housing and supportive serv-
ices; 
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‘‘(iii) may or may not be providing low-in-
come housing tax credits in combination with 
the capital advance under this section; and 
‘‘(iv) agrees to issue a firm commitment 
within 12 months of delegation. 
‘‘(B) The Secretary shall retain the authority to 
process capital advances in cases in which no State 
or local housing agency has applied to provide dele-
gated processing pursuant to this paragraph or no 
such agency has entered into an agreement with the 
Secretary to serve as a delegated processing agency. 
‘‘(C) An agency to which review and processing 
is delegated pursuant to subparagraph (A) may as-
sess a reasonable fee which shall be included in the 
capital advance amounts and may recommend 
project rental assistance amounts in excess of those 
initially awarded by the Secretary. The Secretary 
shall develop a schedule for reasonable fees under 
this subparagraph to be paid to delegated processing 
agencies, which shall take into consideration any 
other fees to be paid to the agency for other funding 
provided to the project by the agency, including 
bonds, tax credits, and other gap funding. 
‘‘(D) Under such delegated system, the Sec-
retary shall retain the authority to approve rents 
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and development costs and to execute a capital ad-
vance within 60 days of receipt of the commitment 
from the State or local agency. The Secretary shall 
provide to such agency and the project sponsor, in 
writing, the reasons for any reduction in capital ad-
vance amounts or project rental assistance and such 
reductions shall be subject to appeal.’’. 
(d) LEVERAGING OTHER RESOURCES.—Paragraph 
(1) of section 811(g) (as so designated by subsection 
(c)(1) of this section) is amended by inserting after sub-
paragraph (E) (as so redesignated by subsection (c)(2) of 
this section) the following new subparagraph: 
‘‘(F) the extent to which the per-unit cost 
of units to be assisted under this section will be 
supplemented with resources from other public 
and private sources;’’. 
(e) TENANT PROTECTIONS AND ELIGIBILITY FOR 
OCCUPANCY.—Section 811 is amended by striking sub-
section (i) and inserting the following new subsection: 
‘‘(i) ADMISSION AND OCCUPANCY.— 
‘‘(1) TENANT SELECTION.— 
‘‘(A) PROCEDURES.—An owner shall adopt 
written tenant selection procedures that are sat-
isfactory to the Secretary as (i) consistent with 
the purpose of improving housing opportunities 
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for very low-income persons with disabilities; 
and (ii) reasonably related to program eligibility 
and an applicant’s ability to perform the obliga-
tions of the lease. Owners shall promptly notify 
in writing any rejected applicant of the grounds 
for any rejection. 
‘‘(B) REQUIREMENT
FOR
OCCUPANCY.— 
Occupancy in dwelling units provided assistance 
under this section shall be available only to per-
sons with disabilities and households that in-
clude at least one person with a disability. 
‘‘(C) AVAILABILITY.—Except only as pro-
vided in subparagraph (D), occupancy in dwell-
ing units in housing provided with assistance 
under this section shall be available to all per-
sons with disabilities eligible for such occupancy 
without regard to the particular disability in-
volved. 
‘‘(D) LIMITATION
ON
OCCUPANCY.—Not-
withstanding any other provision of law, the 
owner of housing developed under this section 
may, with the approval of the Secretary, limit 
occupancy within the housing to persons with 
disabilities who can benefit from the supportive 
services offered in connection with the housing. 
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‘‘(2) TENANT PROTECTIONS.— 
‘‘(A) LEASE.—The lease between a tenant 
and an owner of housing assisted under this 
section shall be for not less than one year, and 
shall contain such terms and conditions as the 
Secretary shall determine to be appropriate. 
‘‘(B) TERMINATION
OF
TENANCY.—An 
owner may not terminate the tenancy or refuse 
to renew the lease of a tenant of a rental dwell-
ing unit assisted under this section except— 
‘‘(i) for serious or repeated violation 
of the terms and conditions of the lease, 
for violation of applicable Federal, State, 
or local law, or for other good cause; and 
‘‘(ii) by providing the tenant, not less 
than 30 days before such termination or 
refusal to renew, with written notice speci-
fying the grounds for such action. 
‘‘(C) VOLUNTARY PARTICIPATION IN SERV-
ICES.—A supportive service plan for housing 
assisted under this section shall permit each 
resident to take responsibility for choosing and 
acquiring their own services, to receive any sup-
portive services made available directly or indi-
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rectly by the owner of such housing, or to not 
receive any supportive services.’’. 
(f) DEVELOPMENT COST LIMITATIONS.—Subsection 
(h) of section 811 is amended— 
(1) in paragraph (1)— 
(A) by striking the paragraph heading and 
inserting ‘‘GROUP HOMES’’; 
(B) in the first sentence, by striking ‘‘var-
ious types and sizes’’ and inserting ‘‘group 
homes’’; 
(C) by striking subparagraph (E); and 
(D) by redesignating subparagraphs (F) 
and (G) as subparagraphs (E) and (F), respec-
tively; 
(2) in paragraph (3), by inserting ‘‘established 
pursuant to paragraph (1)’’ after ‘‘cost limitation’’; 
and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) APPLICABILITY OF HOME PROGRAM COST 
LIMITATIONS.— 
‘‘(A) IN GENERAL.—The provisions of sec-
tion 212(e) of this Act and the cost limits es-
tablished by the Secretary pursuant to such sec-
tion with respect to the amount of funds under 
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subtitle A of title II of this Act that may be in-
vested on a per unit basis, shall apply to sup-
portive housing assisted with a capital advance 
under subsection (d)(1) and the amount of 
funds under such subsection that may be in-
vested on a per unit basis. 
‘‘(B) WAIVERS.—The Secretary shall pro-
vide for waiver of the cost limits applicable pur-
suant to subparagraph (A)— 
‘‘(i) in the cases in which the cost lim-
its established pursuant to section 212(e) 
of this Act may be waived; and 
‘‘(ii) to provide for— 
‘‘(I) the cost of special design 
features to make the housing acces-
sible to persons with disabilities; 
‘‘(II) the cost of special design 
features necessary to make individual 
dwelling units meet the special needs 
of persons with disabilities; and 
‘‘(III) the cost of providing the 
housing in a location that is accessible 
to public transportation and commu-
nity organizations that provide sup-
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portive services to persons with dis-
abilities.’’. 
(g) REPEAL OF AUTHORITY TO WAIVE SIZE LIMITA-
TIONS.—Subsection (k) of section 811 is amended— 
(1) in paragraph (1), by striking the second 
sentence; and 
(2) in paragraph (4), by striking ‘‘(or such 
higher number of persons’’ and all that follows 
through ‘‘subsection (h)(6))’’. 
(h) MINIMUM
ALLOCATION
FOR
MULTIFAMILY 
PROJECTS.—Subsection (l) of section 811, as amended by 
the preceding provisions of this Act, is further amended 
by inserting before paragraph (2) the following new para-
graph: 
‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY 
PROJECTS.—The Secretary shall establish a min-
imum percentage of the amount made available for 
each fiscal year for capital advances under sub-
section (d)(1) that shall be used for multifamily 
projects subject to subsection (e)(4).’’. 
SEC. 4. PROJECT RENTAL ASSISTANCE COMPETITIVE DEM-
ONSTRATION PROGRAM. 
Section 811, as amended by the preceding provisions 
of this Act, is further amended— 
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cies and applicants to subsequently identify such eli-
gible projects pursuant to the making of commit-
ments described in paragraph (3)(B). 
‘‘(2) PROJECT RENTAL ASSISTANCE.— 
‘‘(A) CONTRACT
TERMS.—Project rental 
assistance under the demonstration program 
under this subsection shall be provided— 
‘‘(i) in accordance with subsection 
(d)(2); and 
‘‘(ii) under a contract having an ini-
tial term of not less than 180 months that 
provides funding for a term 60 months, 
which funding shall be renewed upon expi-
ration, subject to the availability of suffi-
cient amounts in appropriation Acts. 
‘‘(B) LIMITATION ON UNITS ASSISTED.— 
Of the total number of dwelling units in any 
multifamily housing project containing any unit 
for which project rental assistance under the 
demonstration program under this subsection is 
provided, the aggregate number that are pro-
vided such project rental assistance, that are 
used for supportive housing for persons with 
disabilities, or to which any occupancy pref-
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erence for persons with disabilities applies, may 
not exceed 25 percent of such total. 
‘‘(C) 
PROHIBITION
OF
CAPITAL
AD-
VANCES.—The Secretary may not provide a 
capital advance under subsection (d)(1) for any 
project for which assistance is provided under 
the demonstration program. 
‘‘(D) 
ELIGIBLE
POPULATION.—Project 
rental assistance under the demonstration pro-
gram under this subsection may be provided 
only for dwelling units for extremely low-income 
persons with disabilities and extremely low-in-
come households that include at least one per-
son with a disability. 
‘‘(3) ELIGIBLE PROJECTS.—An eligible project 
under this paragraph is a new or existing multi-
family housing project for which— 
‘‘(A) the development costs are paid with 
resources from other public or private sources; 
and 
‘‘(B) a commitment has been made— 
‘‘(i) by the applicable State agency re-
sponsible for allocation of low-income hous-
ing tax credits under section 42 of the In-
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ternal Revenue Code of 1986, for an allo-
cation of such credits; 
‘‘(ii) by the applicable participating 
jurisdiction that receives assistance under 
the HOME Investment Partnership Act, 
for assistance from such jurisdiction; or 
‘‘(iii) by any Federal agency or any 
State or local government, for funding for 
the project from funds from any other 
sources. 
‘‘(4) STATE
AGENCY
INVOLVEMENT.—Assist-
ance under the demonstration may be provided only 
for projects for which the applicable State agency re-
sponsible for health and human services programs, 
and the applicable State agency designated to ad-
minister or supervise the administration of the State 
plan for medical assistance under title XIX of the 
Social Security Act, have entered into such agree-
ments as the Secretary considers appropriate— 
‘‘(A) to identify the target populations to 
be served by the project; 
‘‘(B) to set forth methods for outreach and 
referral; and 
‘‘(C) to make available appropriate services 
for tenants of the project. 
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‘‘(5) USE REQUIREMENTS.—In the case of any 
project for which project rental assistance is pro-
vided under the demonstration program under this 
subsection, the dwelling units assisted pursuant to 
paragraph (2) shall be operated for not less than 30 
years as supportive housing for persons with disabil-
ities, in accordance with the application for the 
project approved by the Secretary, and such dwelling 
units shall, during such period, be made available for 
occupancy only by persons and households described 
in paragraph (2)(D). 
‘‘(6) REPORT.—Upon the expiration of the 5- 
year period beginning on the date of the enactment 
of the Frank Melville Supportive Housing Invest-
ment Act of 2009, the Secretary shall submit to the 
Congress a report describing the demonstration pro-
gram under this subsection, analyzing the effective-
ness of the program, including the effectiveness of 
the program compared to the program for capital 
advances in accordance with subsection (d)(1) (as in 
effect pursuant to the amendments made by such 
Act), and making recommendations regarding future 
models for assistance under this section based upon 
the experiences under the program.’’. 
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SEC. 5. TECHNICAL CORRECTIONS. 
Section 811 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2)— 
(i) by striking ‘‘provides’’ and insert-
ing ‘‘makes available’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) promotes and facilitates community inte-
gration for people with significant and long-term dis-
abilities.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘special’’ 
and inserting ‘‘housing and community-based 
services’’; and 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) make available voluntary supportive 
services that address the individual needs of 
persons with disabilities occupying such hous-
ing;’’; and 
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(ii) in subparagraph (B), by striking 
the comma and inserting a semicolon; 
(3) in subsection (d)(1), by striking ‘‘provided 
under’’ and all that follows through ‘‘shall bear’’ and 
inserting ‘‘provided pursuant to subsection (b)(1) 
shall bear’’; 
(4) in subsection (f)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘receive’’ and inserting ‘‘be offered’’; 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) evidence of the applicant’s experience 
in— 
‘‘(i) providing such supportive serv-
ices; or 
‘‘(ii) creating and managing struc-
tured partnerships with service providers 
for the delivery of appropriate community- 
based services;’’; 
(iii) in subparagraph (D), by striking 
‘‘such persons’’ and all that follows 
through ‘‘provision of such services’’ and 
inserting ‘‘tenants’’; and 
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(iv) in subparagraph (E), by inserting 
‘‘other Federal, and’’ before ‘‘State’’; and 
(B) in paragraph (4), by striking ‘‘special’’ 
and inserting ‘‘housing and community-based 
services’’; 
(5) in subsection (g), in paragraph (1) (as so 
redesignated by section 3(c)(1) of this Act)— 
(A) in subparagraph (D) (as so redesig-
nated by section 3(c)(2) of this Act), by strik-
ing ‘‘the necessary supportive services will be 
provided’’ and inserting ‘‘appropriate supportive 
services will be made available’’; and 
(B) by striking subparagraph (E) (as so 
redesignated by section 3(c)(2) of this Act) and 
inserting the following: 
‘‘(E) the extent to which the location and de-
sign of the proposed project will facilitate the provi-
sion of community-based supportive services and ad-
dress other basic needs of persons with disabilities, 
including access to appropriate and accessible trans-
portation, access to community services agencies, 
public facilities, and shopping;’’; 
(6) in subsection (j)— 
(A) by striking paragraph (4); and 
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(B) by redesignating paragraphs (5), (6), 
and (7) as paragraphs (4), (5), and (6), respec-
tively; 
(7) in subsection (l) (as so redesignated by sec-
tion 4(1) of this Act)— 
(A) in paragraph (1), by inserting before 
the period at the end of the first sentence the 
following: ‘‘, which provides a separate bedroom 
for each tenant of the residence’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2)(A) The term ‘person with disabilities’ 
means a person who is 18 years of age or older and 
less than 62 years of age, who— 
‘‘(i) has a disability as defined in section 
223 of the Social Security Act; 
‘‘(ii) is determined, pursuant to regulations 
issued by the Secretary, to have a physical, 
mental, or emotional impairment which— 
‘‘(I) is expected to be of long-contin-
ued and indefinite duration; 
‘‘(II) substantially impedes his or her 
ability to live independently; and 
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‘‘(III) is of such a nature that such 
ability could be improved by more suitable 
housing conditions; or 
‘‘(iii) has a developmental disability as de-
fined in section 102 of the Developmental Dis-
abilities Assistance and Bill of Rights Act of 
2000. 
‘‘(B) Such term shall not exclude persons who 
have the disease of acquired immunodeficiency syn-
drome or any conditions arising from the etiologic 
agent for acquired immunodeficiency syndrome. Not-
withstanding any other provision of law, no indi-
vidual shall be considered a person with disabilities, 
for purposes of eligibility for low-income housing 
under this title, solely on the basis of any drug or 
alcohol dependence. The Secretary shall consult with 
other appropriate Federal agencies to implement the 
preceding sentence. 
‘‘(C) The Secretary shall prescribe such regula-
tions as may be necessary to prevent abuses in de-
termining, under the definitions contained in this 
paragraph, the eligibility of families and persons for 
admission to and occupancy of housing assisted 
under this section. Notwithstanding the preceding 
provisions of this paragraph, the term ‘person with 
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disabilities’ includes two or more persons with dis-
abilities living together, one or more such persons 
living with another person who is determined (under 
regulations prescribed by the Secretary) to be impor-
tant to their care or well-being, and the surviving 
member or members of any household described in 
subparagraph (A) who were living, in a unit assisted 
under this section, with the deceased member of the 
household at the time of his or her death.’’; 
(C) by striking paragraph (3) and insert-
ing the following new paragraph: 
‘‘(3) The term ‘supportive housing for persons 
with disabilities’ means dwelling units that— 
‘‘(A) are designed to meet the permanent 
housing needs of very low-income persons with 
disabilities; and 
‘‘(B) are located in housing that make 
available supportive services that address the 
individual health, mental health, or other needs 
of such persons.’’; 
(D) in paragraph (5), by striking ‘‘a 
project for’’; and 
(E) in paragraph (6)— 
(i) by inserting after and below sub-
paragraph (D) the matter to be inserted by 
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the amendment made by section 841 of the 
American Homeownership and Economic 
Opportunity Act of 2000 (Public Law 
106–569; 114 Stat. 3022); and 
(ii) in the matter inserted by the 
amendment made by clause (i) of this sub-
paragraph, by striking ‘‘wholly owned 
and’’; and 
(8) in subsection (m) (as so redesignated by 
section 4(1) of this Act)— 
(A) in paragraph (2), by striking ‘‘sub-
section 
(c)(1)’’ 
and 
inserting 
‘‘subsection 
(d)(1)’’; and 
(B) in paragraph (3), by striking ‘‘sub-
section 
(c)(2)’’ 
and 
inserting 
‘‘subsection 
(d)(2)’’. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
Subsection (n) of section 811 (as so redesignated by 
section 4(1) of this Act) is amended to read as follows: 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for each of fiscal years 
2010 through 2014 the following amounts: 
‘‘(1) CAPITAL ADVANCE/PRAC PROGRAM.—For 
providing assistance pursuant to subsection (b), such 
sums as may be necessary. 
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‘‘(2) DEMONSTRATION
PROGRAM.—For car-
rying out the demonstration program under sub-
section (k), such sums as may be necessary to pro-
vide 2,500 incremental dwelling units under such 
program in each of fiscal years 2010 and 2011 and 
5,000 incremental dwelling units under such pro-
gram in each of fiscal years 2012, 2013, and 
2014.’’. 
SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE. 
Not later than the expiration of the 180-day period 
beginning on the date of the enactment of this Act, the 
Secretary of Housing and Urban Development shall issue 
new regulations and guidance for the program under sec-
tion 811 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013) for supportive housing for 
persons with disabilities to carry out such program in ac-
cordance with the amendments made by this Act. 
SEC. 8. GAO STUDY. 
The Comptroller General of the United States shall 
conduct a study of the supportive housing for persons with 
disabilities program under section 811 of the Cranston- 
Gonzalez National Affordable Housing Act (42 U.S.C. 
8013) to determine the adequacy and effectiveness of such 
program in assisting households of persons with disabil-
ities. Such study shall determine— 
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(1) the total number of households assisted 
under such program; 
(2) the extent to which households assisted 
under other programs of the Department of Housing 
and Urban Development that provide rental assist-
ance or rental housing would be eligible to receive 
assistance under such section 811 program; and 
(3) the extent to which households described in 
paragraph (2) who are eligible for, but not receiving, 
assistance under such section 811 program are re-
ceiving supportive services from, or assisted by, the 
Department of Housing and Urban Development 
other than through the section 811 program (includ-
ing under the Resident Opportunity and Self-Suffi-
ciency program) or from other sources. 
Upon the completion of the study required under this sec-
tion, the Comptroller General shall submit a report to the 
Congress setting forth the findings and conclusions of the 
study. 
Passed the House of Representatives July 22, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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