Summary:

All articles in House section

PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT
(House of Representatives - September 27, 1999)

Text of this article available as: TXT PDF [Pages H8788-H8813] PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 202) to restructure the financing for assisted housing for senior citizens and otherwise provide for the preservation of such housing in the 21st Century, and for other purposes, as amended. The Clerk read as follows: H.R. 202 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Regulations. Sec. 3. Effective date. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY Sec. 101. Conversion of financing Sec. 102. Prepayment and refinancing. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES Sec. 201. Supportive housing for elderly persons. Sec. 202. Supportive housing for persons with disabilities. Sec. 203. Service coordinators and congregate services for elderly and disabled housing. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly Sec. 301. Matching grant program. [[Page H8789]] Sec. 302. Eligibility of for-profit limited partnerships. Sec. 303. Mixed funding sources. Sec. 304. Authority to acquire structures. Sec. 305. Mixed-income occupancy. Sec. 306. Use of project reserves. Sec. 307. Commercial activities. Sec. 308. Mixed finance pilot program. Sec. 309. Grants for conversion of elderly housing to assisted living facilities. Sec. 310. Grants for conversion of public housing projects to assisted living facilities. Sec. 311. Use of section 8 assistance for assisted living facilities. Sec. 312. Annual HUD inventory of assisted housing designated for elderly persons. Sec. 313. Treatment of applications. Subtitle B--Housing for Persons With Disabilities Sec. 321. Matching grant program. Sec. 322. Eligibility of for-profit limited partnerships. Sec. 323. Mixed funding sources. Sec. 324. Tenant-based assistance. Sec. 325. Project size. Sec. 326. Use of project reserves. Sec. 327. Commercial activities. Subtitle C--Other Provisions Sec. 341. Service coordinators. Sec. 342. Commission on Affordable Housing and Health Care Facility Needs in the 21st Century. TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND PROTECTION OF RESIDENTS Sec. 401. Findings and purpose. Sec. 402. Renewal of expiring contracts and enhanced vouchers for project residents. Sec. 403. Section 236 assistance. Sec. 404. Matching grant program for affordable housing preservation. Sec. 405. Rehabilitation of assisted housing. Sec. 406. Technical assistance. Sec. 407. Termination of section 8 contract and duration of renewal contract. Sec. 408. Enhanced voucher eligibility for residents of flexible subsidy properties. Sec. 409. Enhanced disposition authority. Sec. 410. Assistance for nonprofit purchasers preserving affordable housing. TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY CONVERSION MORTGAGES Sec. 501. Rehabilitation of existing hospitals, nursing homes, and other facilities. Sec. 502. New health care facilities. Sec. 503. Hospitals and hospital-based health care facilities. Sec. 504. Insurance for mortgages to refinance existing home equity conversion mortgages. SEC. 2. REGULATIONS. The Secretary of Housing and Urban Development shall issue any regulations to carry out this Act and the amendments made by this Act that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553. SEC. 3. EFFECTIVE DATE. (a) In General.--The provisions of this Act and the amendments made by this Act are effective as of the date of the enactment of this Act, unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. (b) Effect of Regulatory Authority.--Any authority in this Act or the amendments made by this Act to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this Act or the amendments made by this Act under such provisions and amendments and subsection (a) of this section. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY SEC. 101. CONVERSION OF FINANCING (a) In General.--Subject to the provisions of this section, at the request of the owner of a project assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act) and section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)), the Secretary shall convert the financing of any such housing project to financing under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q). In such a conversion, the Secretary shall, if requested by the owner, convert loans made under such section 202 (as in effect before enactment of the Cranston-Gonzalez National Affordable Housing Act), and shall convert section 8 contracts (or such other contracts for rental housing assistance) provided in connection with such loans, into capital advances and project rental assistance under section 202 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act), respectively, in accordance with this section. (b) Debt Forgiveness.-- (1) In general.--Subject to paragraph (2), in converting the financing of any housing project pursuant to this section, the Secretary shall cancel any indebtedness to the Secretary relating to any remaining principal and interest under any loan for the project made under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act). (2) Budget act compliance.--The authority of the Secretary to cancel indebtedness under paragraph (1) shall be effective only to the extent or in such amounts as are or have been provided in advance in appropriation Acts. (c) Cancellation of Rental Assistance Contracts and Use of Project Funds.-- (1) In general.--For each housing project for which debt is canceled under subsection (b) of this section pursuant to a request for conversion under subsection (a), the Secretary shall cancel any contract for rental assistance for the project under section 8 of the United States Housing Act of 1937 (or any other contract for rental housing assistance under a program of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)). (2) Use of unexpended amounts.--Amounts previously obligated for such contract that remain unexpended shall be used as follows: (A) Project rental assistance contract.--Remaining amounts shall be used first, to the extent necessary, to provide rental assistance for the project, under a contract for project rental assistance under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)), that-- (i) has a duration that is not less than the remainder of the section 8 or other rental housing assistance contract canceled; and (ii) provides assistance in an annual amount that is equal to the aggregate amount provided during the last 12-month period under the section 8 or other rental housing assistance contract for the project canceled (pursuant to paragraph (1) of this subsection), less the portion of such assistance that is attributable to debt service for the loan on the project canceled under subsection (b) of this section, subject to an annual adjustment of existing rents under the contract by an operating cost adjustment factor established by the Secretary (which shall not result in a negative adjustment). (B) Credit against loan cancellation.--Amounts remaining after compliance with subparagraph (A) shall, on a fiscal year basis, be transferred to the account covering the loan for the project canceled pursuant to subsection (b) and shall be credited as offsetting collection to such account, in an amount for each fiscal year that is equal to the amount of indebtedness canceled for such year pursuant such subsection. (C) Retrofitting, renovation, and service coordinators.-- Any amounts remaining after compliance with subparagraphs (A) and (B) may be used, to the extent the Secretary considers appropriate, to retrofit or renovate the project or provide a service coordinator for residents of the project, to the same extent that such activities are authorized to be provided under section 802 of the Cranston-Gonzalez National Affordable Housing Act to housing assisted under such section. Any such unexpended amounts in excess of the amount used in accordance with subparagraphs (A) through (C) shall be recaptured by the Secretary. (3) Use of project funds.--In converting the financing of any housing project pursuant to this section, the Secretary may authorize the owner of the project to use any residual receipts held for the project that exceed $500 per unit (or such other amount as the Secretary may prescribe based on the needs of the project) in accordance with paragraph (2) to improve the market viability, affordability, or service to low-income elderly residents of the project. (d) Third Party Processing.--The Secretary may enter into contracts with public or private entities as the Secretary considers appropriate to facilitate efficient processing of elderly housing project conversions under this section. (e) Tenant Protections.--Notwithstanding any provision of section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q)-- (1) any tenant who, at the time of the conversion under this section of the financing for a housing project, is lawfully residing in a dwelling unit in the project, may not be considered to be ineligible for continued residency in the project after such date because such tenant is not a very low-income elderly person; and (2) very low-income persons with disabilities (as such term is defined in section 811 of the Cranston-Gonzalez National Affordable Housing Act) shall be eligible for occupancy [[Page H8790]] in such project, and units in the project shall be reserved for occupancy by such persons in not less than the same ratio that units in such project are occupied, upon the date of conversion under this section, by handicapped families (as such term is defined in section 202 of the Housing Act of 1959, as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act). (f) Waiver Authority.--The Secretary may waive the applicability of any provision of law or regulation necessary to carry out this section. (g) Study of Debt Forgiveness.-- (1) In general.--The Secretary shall conduct an analysis of the net impact on the Federal budget deficit or surplus of making available, on a one-time basis, to sponsors of projects assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act), forgiveness of any indebtedness to the Secretary relating to any remaining principal and interest under loans made under such section, together with a dollar for dollar reduction in the amount of rental assistance under section 8 of the United States Housing Act of 1937 or other rental assistance provided for such project. Such analysis shall take into consideration the full cost of future appropriations for rental assistance under such section 8 expected to be provided if such debt forgiveness does not take place, notwithstanding current budgetary treatment of such actions pursuant to the Congressional Budget Act of 1974. (2) Report.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the quantitative results of the analysis and an enumeration of any project or administrative benefits of such actions. SEC. 102. PREPAYMENT AND REFINANCING. (a) Approval of Prepayment of Debt.--Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which-- (1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any rental assistance payments contract under section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) relating to the project; and (2) the prepayment may involve refinancing of the loan if such refinancing results in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan. (b) Sources of Refinancing.--In the case of prepayment under this section involving refinancing, the project sponsor may refinance the project through any third party source, including financing by State and local housing finance agencies, use of tax-exempt bonds, multi-family mortgage insurance under the National Housing Act, reinsurance, or other credit enhancements, including risk sharing as provided under section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note). For purposes of underwriting a loan insured under the National Housing Act, the Secretary may assume that any section 8 rental assistance contract relating to a project will be renewed for the term of such loan. (c) Use of Unexpended Amounts.--Upon execution of the refinancing for a project pursuant to this section, the Secretary shall make available at least 50 percent of the annual savings resulting from reduced section 8 or other rental housing assistance contracts in a manner that is advantageous to the tenants, including-- (1) not more than 15 percent of the cost of increasing the availability or provision of supportive services, which may include the financing of service coordinators and congregate services; (2) rehabilitation, modernization, or retrofitting of structures, common areas, or individual dwelling units; (3) construction of an addition or other facility in the project, including assisted living facilities (or, upon the approval of the Secretary, facilities located in the community where the project sponsor refinances a project under this section, or pools shared resources from more than one such project); or (4) rent reduction of unassisted tenants residing in the project according to a pro rata allocation of shared savings resulting from the refinancing. (d) Use of Certain Project Funds.--The Secretary shall allow a project sponsor that is prepaying and refinancing a project under this section-- (1) to use any residual receipts held for that project in excess of $500 per individual dwelling unit for not more than 15 percent of the cost of activities designed to increase the availability or provision of supportive services; and (2) to use any reserves for replacement in excess of $1,000 per individual dwelling unit for activities described in paragraphs (2) and (3) of subsection (c). (e) Budget Act Compliance.--This section shall be effective only to extent or in such amounts that are provided in advance in appropriation Acts. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES SEC. 201. SUPPORTIVE HOUSING FOR ELDERLY PERSONS. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended by adding at the end the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $700,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (c)(4) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 202. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $225,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (d)(5) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 203. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND DISABLED HOUSING. (a) Authorization of Appropriations for Federally Assisted Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $50,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 and 2002, for the following purposes: (1) Grants for service coordinators for certain federally assisted multifamily housing.--For grants under section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) for providing service coordinators. (2) Congregate services for federally assisted housing.-- For contracts under section 802 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8011) to provide congregate services programs for eligible residents of eligible housing projects under subparagraphs (B) through (D) of subsection (k)(6) of such section. (b) Public Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development for fiscal year 2000 for grants for use only for activities described in paragraph (2) of section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(b)(2))-- (1) such sums as may be necessary for renewal of all grants made in prior fiscal years for providing service coordinators and congregate services for the elderly and disabled in public housing; and (B) $11,000,000 for grants in addition to such renewal grants. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly SEC. 301. MATCHING GRANT PROGRAM. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), in the second sentence, by inserting ``or through matching grants under subsection (c)(4)'' after ``subsection (c)(1)''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of [[Page H8791]] more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by elderly persons who are not very low-income persons in a number such that the ratio that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non- Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 302. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C. 1701q(k)(4)) is amended by adding after and below subparagraph (C) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), and (C) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), and (C).''. SEC. 303. MIXED FUNDING SOURCES. Section 202(h)(6) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(6)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 304. AUTHORITY TO ACQUIRE STRUCTURES. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), by striking ``from the Resolution Trust Corporation''; and (2) in subsection (h)(2)-- (A) in the heading for subparagraph (A), by striking ``RTC properties'' and inserting ``Acquisition''; and (B) by striking ``from the Resolution'' and all that follows through ``Insurance Act''. SEC. 305. MIXED-INCOME OCCUPANCY. (a) In General.--The first sentence of section 202(i)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(i)(1)) is amended by striking ``and (B)'' and inserting the following: ``(B) notwithstanding clause (A) and in the case only of a supportive housing project for the elderly which has a high vacancy level (as such term is defined by the Secretary, but which shall not include vacancy upon the initial availability of units in a building), consistent with the purpose of improving housing opportunities for very low- and low-income elderly persons; and (C).''. (b) Availability of Units.--Section 202(i) of the Housing Act of 1959 (12 U.S.C. 1701q(i)) is amended by adding at the end the following new paragraph: ``(3) Availability of units.--In the case of a supportive housing project described in subsection (i)(1)(B) that has a vacant dwelling unit, an owner may not make a dwelling unit available for occupancy by, nor make any commitment to provide occupancy in the unit to, a low-income family that is not a very low-income family unless each eligible very low- income family that has applied for occupancy in the project has been offered an opportunity to accept occupancy in a unit in the project.''. (b) Conforming Amendments.--Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting after ``elderly persons'' the following: ``, and for low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; (B) in the first sentence of paragraph (2), by inserting after ``elderly persons'' the following: ``or by low-income elderly persons (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; and (C) in paragraph (3), by inserting after ``very low-income person'' the following: ``or a low-income person (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; (2) in subsection (d)(1), by inserting after ``elderly persons'' the following: ``, and low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; and (3) in subsection (k)-- (A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Low-income.--The term `low-income' has the same meaning given the term `low-income families' under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).''. SEC. 306. USE OF PROJECT RESERVES. Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end the following new paragraph: ``(8) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 307. COMMERCIAL ACTIVITIES. Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located.''. SEC. 308. MIXED FINANCE PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to determine the effectiveness and feasibility of providing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that are used both for supportive housing for the elderly and for other types of housing, which may include market rate housing. (b) Scope.--Under the pilot program the Secretary shall provide, to the extent that sufficient approvable applications for such assistance are received, assistance in the manner provided under subsection (d) for not more than 5 housing projects. (c) Mixed Use.--The Secretary shall require, for a project to be assisted under the pilot program-- (1) that a portion of the dwelling units in the project be reserved for use in accordance with, and subject to, the requirements applicable to units assisted under section 202 of the Housing Act of 1959; and (2) that the remainder of the dwelling units be used for other purposes. (d) Financing.--The Secretary may use amounts provided for assistance under section 202 of the Housing Act of 1959 for assistance under the pilot program for capital advances in accordance with subsection (d)(1) of such section and project rental assistance in accordance with subsection (d)(2) of such section, only for dwelling units described in subsection (c)(1) of this section. Any assistance provided pursuant to subsection (d)(1) of such section 202 shall be provided in the form of a capital advance, subject to repayment as provided in such subsection, and shall not be structured as a loan. The Secretary shall take such action as may be necessary to ensure that the repayment contingency under such subsection is enforceable for projects assisted under the pilot program and to provide for appropriate protections of the interests of the Secretary in relation to other interests in the projects so assisted. (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this section, the Secretary may waive the applicability of any provision of section 202 of the Housing Act of 1959 for any project assisted under the pilot program under this section as may be appropriate to carry out the program, except to the extent inconsistent with this section. SEC. 309. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. Title II of the Housing Act of 1959 is amended by inserting after section 202a (12 U.S.C. 1701q-1) the following new section: ``SEC. 202B. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary of Housing and Urban Development may make grants in accordance with this section to owners of eligible projects described in subsection (b) for one or both of the following activities: ``(1) Repairs.--Substantial capital repairs to a project that are needed to rehabilitate, modernize, or retrofit aging structures, common areas, or individual dwelling units. ``(2) Conversion.--Activities designed to convert dwelling units in the eligible project to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a multifamily housing project that is-- ``(1) described in subparagraph (B), (C), (D), (E), (F), or (G) of section 683(2) of the Housing and Community Development Act of 1992 (42 U.S.C. 13641(2)), or (B) only to the extent amounts of the Department of Agriculture are made available to the Secretary of Housing and Urban Development for such grants under this section for such projects, subject to a loan made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(2) owned by a private nonprofit organization (as such term is defined in section 202); and ``(3) designated primarily for occupancy by elderly persons. Notwithstanding any other provision of this subsection or this section, an unused or underutilized commercial property may be considered an eligible project under this subsection, except that the Secretary may not provide grants under this section for more 3 such properties. For any such projects, any reference under this section to dwelling units shall be considered to refer to the premises of such properties. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the substantial capital repairs or the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested to complete the substantial capital repairs or conversion activities; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and [[Page H8792]] ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section for conversion activities unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility, which may be provided by third parties. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) in the case of a grant for substantial capital repairs, the extent to which the project to be repaired is in need of such repair, including such factors as the age of improvements to be repaired, and the impact on the health and safety of residents of failure to make such repairs; ``(2) in the case of a grant for conversion activities, the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve, with a special emphasis on very low-income elderly persons who need assistance with activities of daily living; ``(3) the inability of the applicant to fund the repairs or conversion activities from existing financial resources, as evidenced by the applicant's financial records, including assets in the applicant's residual receipts account and reserves for replacement account; ``(4) the extent to which the applicant has evidenced community support for the repairs or conversion, by such indicators as letters of support from the local community for the repairs or conversion and financial contributions from public and private sources; ``(5) in the case of a grant for conversion activities, the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(6) in the case of a grant for conversion activities, the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(7) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definitions.--For the purposes of this section-- ``(1) the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)); and ``(2) the definitions in section 202(k) shall apply. ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 310. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED LIVING FACILITIES. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary may make grants in accordance with this section to public housing agencies for use for activities designed to convert dwelling units in an eligible projects described in subsection (b) to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a public housing project (or a portion thereof) that has been designated under section 7 for occupancy only by elderly persons. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve; ``(2) the inability of the public housing agency to fund the conversion activities from existing financial resources, as evidenced by the agency's financial records; ``(3) the extent to which the agency has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(4) extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(5) the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(6) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definition.--For the purposes of this section, the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)). ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 311. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING FACILITIES. (a) Voucher Assistance.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following new paragraph: ``(18) Rental assistance for assisted living facilities.-- ``(A) In general.--A public housing agency may make assistance payments on behalf of a family that uses an assisted living facility as a principal place of residence and that uses such supportive services made available in the facility as the agency may require. Such payments may be made only for covering costs of rental of the dwelling unit in the assisted living facility and not for covering any portion of the cost of residing in such facility that is attributable to service relating to assisted living. ``(B) Rent calculation.-- ``(i) Charges included.--For assistance pursuant to this paragraph, the rent of the dwelling unit that is a assisted living facility with respect to which assistance payments are made shall include maintenance and management charges related to the dwelling unit and tenant-paid utilities. Such rent shall not include any charges attributable to services relating to assisted living. ``(ii) Payment standard.--In determining the monthly assistance that may be paid under this paragraph on behalf of any family residing in an assisted living facility, the public housing agency shall utilize the payment standard established under paragraph (1), for the market area in which the assisted living facility is located, for the applicable size dwelling unit. ``(iii) Monthly assistance payment.--The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2) (using the rent and payment standard for the dwelling unit as determined in accordance with this subsection). ``(C) Definition.--For the purposes of this paragraph, the term `assisted living facility' has the meaning given that term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)), except that such a facility may be contained within a portion of a larger multifamily housing project.''. (b) Project-Based Assistance.--Section 202b of the Housing Act of 1959, as added by section 2 of this Act, is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Section 8 Project-Based Assistance.-- ``(1) Eligibility.--Notwithstanding any other provision of law, a multifamily project which includes one or more dwelling units that have been converted to assisted living facilities using grants made under this section shall be eligible for project-based assistance under section 8 of the United States Housing Act of 1937, in the same manner in which the project would be eligible for such assistance but for the assisted living facilities in the project. ``(2) Calculation of rent.--For assistance pursuant to this subsection, the maximum monthly rent of a dwelling unit that is an assisted living facility with respect to which assistance payments are made shall not include charges attributable to services relating to assisted living.''. SEC. 312. ANNUAL HUD INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. Subtitle D of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13611 et seq.) is amended by adding at the end the following new section: ``SEC. 662. ANNUAL INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. ``(a) In General.--The Secretary shall establish and maintain, and on an annual basis shall update and publish, an inventory of housing that-- ``(1) is assisted under a program of the Department of Housing and Urban Development, including all federally assisted housing; and ``(2) is designated, in whole or in part, for occupancy by elderly families or disabled families, or both. [[Page H8793]] ``(b) Contents.--The inventory required under this section shall identify housing described in subsection (a) and the number of dwelling units in such housing that-- ``(1) are in projects designated for occupancy only by elderly families; ``(2) are in projects designated for occupancy only by disabled families; ``(3) contain special features or modifications designed to accommodate persons with disabilities and are in projects designated for occupancy only by disabled families; ``(4) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by elderly families; ``(5) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by disabled families; and ``(6) are in projects designed for occupancy only by both elderly or disabled families. ``(c) Publication.--The Secretary shall annually publish the inventory required under this section in the Federal Register and shall make the inventory available to the public by posting on a World Wide Web site of the Department.''. SEC. 313. TREATMENT OF APPLICATIONS. (a) In General.--Notwithstanding any other provision of law or any regulation of the Secretary of Housing and Urban Development, in the case of any denial of an application for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for failure to timely provide information required by the Secretary, the Secretary shall notify the applicant of the failure and provide the applicant an opportunity to show that the failure was due to the failure of a third party to provide information under the control of the third party. If the applicant demonstrates, within a reasonable period of time after notification of such failure, that the applicant did not have such information but requested the timely provision of such information by the third party, the Secretary may not deny the application on the grounds of failure to timely provide such information. (b) Applicability.--This section shall have no force or effect after the expiration of the 12-month period beginning on the date of the enactment of this Act. Subtitle B--Housing for Persons With Disabilities SEC. 321. MATCHING GRANT PROGRAM. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (b)(2)(A), by inserting ``or through matching grants under subsection (d)(5)'' after ``subsection (d)(1)''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(5) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by persons with disabilities who are not very low-income persons in a number such that the ration that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non-Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 322. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 811(k)(6) of the Housing Act of 1959 (42 U.S.C. 8013(k)(6)) is amended by adding after and below subparagraph (D) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), (C), and (D) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), (C), and (D).''. SEC. 323. MIXED FUNDING SOURCES. Section 811(h)(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(5)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 324. TENANT-BASED ASSISTANCE. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (d), by striking paragraph (4) and inserting the following new paragraph: ``(4) Tenant-based rental assistance.-- ``(A) Administering entities.--Tenant-based rental assistance provided under subsection (b)(1) may be provided only through a public housing agency that has submitted and had approved an plan under section 7(d) of the United States Housing Act of 1937 (42 U.S.C. 1437e(d)) that provides for such assistance, or through a private nonprofit organization. A public housing agency shall be eligible to apply under this section only for the purposes of providing such tenant-based rental assistance. ``(B) Program rules.--Tenant-based rental assistance under subsection (b)(1) shall be made available to eligible persons with disabilities and administered under the same rules that govern tenant-based rental assistance made available under section 8 of the United States Housing Act of 1937, except that the Secretary may waive or modify such rules, but only to the extent necessary to provide for administering such assistance under subsection (b)(1) through private nonprofit organizations rather than through public housing agencies. ``(C) Allocation of assistance.--In determining the amount of assistance provided under subsection (b)(1) for a private nonprofit organization or public housing agency, the Secretary shall consider the needs and capabilities of the organization or agency, in the case of a public housing agency, as described in the plan for the agency under section 7 of the United States Housing Act of 1937.''; and (2) in subsection (l)(1)-- (A) by striking ``subsection (b)'' and inserting ``subsection (b)(2)''; (B) by striking the last comma and all that follows through ``subsection (n)''; and (C) by inserting after the last period the following new sentence: ``Notwithstanding any other provision of this section, the Secretary may use not more than 25 percent of the total amounts made available for assistance under this section for any fiscal year for tenant-based rental assistance under subsection (b)(1) for persons with disabilities, and no authority of the Secretary to waive provisions of this section may be used to alter the percentage limitation under this sentence.''. SEC. 325. PROJECT SIZE. (a) Limitation.--Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (k)(4), by inserting ``, subject to the limitation under subsection (h)(6)'' after ``prescribe''; and (2) in subsection (l), by adding at the end the following new paragraph: ``(4) Size limitation.--Of any amounts made available for any fiscal year and used for capital advances or project rental assistance under paragraphs (1) and (2) of subsection (d), not more than 25 percent may be used for supportive housing which contains more than 24 separate dwelling units.''. (b) Study.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall conduct a study and submit a report to the Congress regarding-- (1) the extent to which the authority of the Secretary under section 811(k)(4) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(4)), as in effect immediately before the enactment of this Act, has been used in each year since 1990 to provide for assistance under such section for supportive housing for persons with disabilities having more than 24 separate dwelling units; (2) the per-unit costs of, and the benefits and problems associated with, providing such housing in projects having 8 or less dwelling units, 8 to 24 units, and more than 24 units; and (3) the per-unit costs of, and the benefits and problems associated with providing housing under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30 to 50 dwelling units, in projects having more than 50 but not more than 80 dwelling units, in projects having more than 80 but not more than 120 dwelling units, and in projects having more than 120 dwelling units, but the study shall also examine the social considerations afforded by smaller and moderate-size developments and shall not be limited to economic factors. SEC. 326. USE OF PROJECT RESERVES. Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)) is amended by adding at the end the following new paragraph: ``(7) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 327. COMMERCIAL ACTIVITIES. Section 811(h)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities [[Page H8794]] for the benefit of residents of the project and the community in which the project is located.''. Subtitle C--Other Provisions SEC. 341. SERVICE COORDINATORS. (a) Increased Flexibility for Use of Service Coordinators in Certain Federally Assisted Housing.--Section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) is amended-- (1) in the section heading, by striking ``MULTIFAMILY HOUSING ASSISTED UNDER THE NATIONAL HOUSING ACT'' and inserting ``CERTAIN FEDERALLY ASSISTED HOUSING''; (2) in subsection (a)-- (A) in the first sentence, by striking ``(E) and (F)'' and inserting ``(B), (C), (D), (E), (F), and (G)''; and (B) in the last sentence-- (i) by striking ``section 661'' and inserting ``section 671''; and (ii) by adding after the period at the end the following new sentence: ``A service coordinator funded with a grant under this section for a project may provide services to low- income elderly or disabled families living in the vicinity of such project.''; (3) in subsection (d)-- (A) by striking ``(E) or (F)'' and inserting ``(B), (C), (D), (E), (F), or (G)''; and (B) by striking ``section 661'' and inserting ``section 671''; and (4) by striking subsection (c) and redesignating subsection (d) (as amended by paragraph (3) of this subsection) as subsection (c). (b) Requirement To Provide Service Coordinators.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631) is amended-- (1) in the first sentence of subsection (a), by striking ``to carry out this subtitle pursuant to the amendments made by this subtitle'' and inserting the following: ``for providing service coordinators under this section''; (2) in subsection (d), by inserting ``)'' after ``section 683(2)''; and (3) by adding at the end following new subsection: ``(e) Services for Low-Income Elderly or Disabled Families Residing in Vicinity of Certain Projects.--To the extent only that this section applies to service coordinators for covered federally assisted housing described in subparagraphs (B), (C), (D), (E), (F), and (G) of section 683(2), any reference in this section to elderly or disabled residents of a project shall be construed to include low-income elderly or disabled families living in the vicinity of such project.''. (c) Protection Against Telemarketing Fraud.-- (1) Supportive housing for the elderly.--The first sentence of section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) is amended by striking ``and (F)'' and inserting the following: ``(F) providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under section 671(f) of the Housing and Community Development Act of 1992 (42 U.S.C. 13631(f)); and (G)''. (2) Other federally assisted housing.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631), as amended by subsection (b) of this section, is further amended-- (A) in the first sentence of subsection (c), by inserting after ``response,'' the following: ``providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under subsection (f),''; and (B) by adding at the end the following new subsection: ``(f) Protection Against Telemarketing Fraud.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Health and Human Services, shall establish standards for service coordinators in federally assisted housing who are providing education and outreach to elderly persons residing in such housing regarding telemarketing fraud. The standards shall be designed to ensure that such education and outreach informs such elderly person

Major Actions:

All articles in House section

PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT
(House of Representatives - September 27, 1999)

Text of this article available as: TXT PDF [Pages H8788-H8813] PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 202) to restructure the financing for assisted housing for senior citizens and otherwise provide for the preservation of such housing in the 21st Century, and for other purposes, as amended. The Clerk read as follows: H.R. 202 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Regulations. Sec. 3. Effective date. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY Sec. 101. Conversion of financing Sec. 102. Prepayment and refinancing. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES Sec. 201. Supportive housing for elderly persons. Sec. 202. Supportive housing for persons with disabilities. Sec. 203. Service coordinators and congregate services for elderly and disabled housing. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly Sec. 301. Matching grant program. [[Page H8789]] Sec. 302. Eligibility of for-profit limited partnerships. Sec. 303. Mixed funding sources. Sec. 304. Authority to acquire structures. Sec. 305. Mixed-income occupancy. Sec. 306. Use of project reserves. Sec. 307. Commercial activities. Sec. 308. Mixed finance pilot program. Sec. 309. Grants for conversion of elderly housing to assisted living facilities. Sec. 310. Grants for conversion of public housing projects to assisted living facilities. Sec. 311. Use of section 8 assistance for assisted living facilities. Sec. 312. Annual HUD inventory of assisted housing designated for elderly persons. Sec. 313. Treatment of applications. Subtitle B--Housing for Persons With Disabilities Sec. 321. Matching grant program. Sec. 322. Eligibility of for-profit limited partnerships. Sec. 323. Mixed funding sources. Sec. 324. Tenant-based assistance. Sec. 325. Project size. Sec. 326. Use of project reserves. Sec. 327. Commercial activities. Subtitle C--Other Provisions Sec. 341. Service coordinators. Sec. 342. Commission on Affordable Housing and Health Care Facility Needs in the 21st Century. TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND PROTECTION OF RESIDENTS Sec. 401. Findings and purpose. Sec. 402. Renewal of expiring contracts and enhanced vouchers for project residents. Sec. 403. Section 236 assistance. Sec. 404. Matching grant program for affordable housing preservation. Sec. 405. Rehabilitation of assisted housing. Sec. 406. Technical assistance. Sec. 407. Termination of section 8 contract and duration of renewal contract. Sec. 408. Enhanced voucher eligibility for residents of flexible subsidy properties. Sec. 409. Enhanced disposition authority. Sec. 410. Assistance for nonprofit purchasers preserving affordable housing. TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY CONVERSION MORTGAGES Sec. 501. Rehabilitation of existing hospitals, nursing homes, and other facilities. Sec. 502. New health care facilities. Sec. 503. Hospitals and hospital-based health care facilities. Sec. 504. Insurance for mortgages to refinance existing home equity conversion mortgages. SEC. 2. REGULATIONS. The Secretary of Housing and Urban Development shall issue any regulations to carry out this Act and the amendments made by this Act that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553. SEC. 3. EFFECTIVE DATE. (a) In General.--The provisions of this Act and the amendments made by this Act are effective as of the date of the enactment of this Act, unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. (b) Effect of Regulatory Authority.--Any authority in this Act or the amendments made by this Act to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this Act or the amendments made by this Act under such provisions and amendments and subsection (a) of this section. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY SEC. 101. CONVERSION OF FINANCING (a) In General.--Subject to the provisions of this section, at the request of the owner of a project assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act) and section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)), the Secretary shall convert the financing of any such housing project to financing under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q). In such a conversion, the Secretary shall, if requested by the owner, convert loans made under such section 202 (as in effect before enactment of the Cranston-Gonzalez National Affordable Housing Act), and shall convert section 8 contracts (or such other contracts for rental housing assistance) provided in connection with such loans, into capital advances and project rental assistance under section 202 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act), respectively, in accordance with this section. (b) Debt Forgiveness.-- (1) In general.--Subject to paragraph (2), in converting the financing of any housing project pursuant to this section, the Secretary shall cancel any indebtedness to the Secretary relating to any remaining principal and interest under any loan for the project made under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act). (2) Budget act compliance.--The authority of the Secretary to cancel indebtedness under paragraph (1) shall be effective only to the extent or in such amounts as are or have been provided in advance in appropriation Acts. (c) Cancellation of Rental Assistance Contracts and Use of Project Funds.-- (1) In general.--For each housing project for which debt is canceled under subsection (b) of this section pursuant to a request for conversion under subsection (a), the Secretary shall cancel any contract for rental assistance for the project under section 8 of the United States Housing Act of 1937 (or any other contract for rental housing assistance under a program of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)). (2) Use of unexpended amounts.--Amounts previously obligated for such contract that remain unexpended shall be used as follows: (A) Project rental assistance contract.--Remaining amounts shall be used first, to the extent necessary, to provide rental assistance for the project, under a contract for project rental assistance under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)), that-- (i) has a duration that is not less than the remainder of the section 8 or other rental housing assistance contract canceled; and (ii) provides assistance in an annual amount that is equal to the aggregate amount provided during the last 12-month period under the section 8 or other rental housing assistance contract for the project canceled (pursuant to paragraph (1) of this subsection), less the portion of such assistance that is attributable to debt service for the loan on the project canceled under subsection (b) of this section, subject to an annual adjustment of existing rents under the contract by an operating cost adjustment factor established by the Secretary (which shall not result in a negative adjustment). (B) Credit against loan cancellation.--Amounts remaining after compliance with subparagraph (A) shall, on a fiscal year basis, be transferred to the account covering the loan for the project canceled pursuant to subsection (b) and shall be credited as offsetting collection to such account, in an amount for each fiscal year that is equal to the amount of indebtedness canceled for such year pursuant such subsection. (C) Retrofitting, renovation, and service coordinators.-- Any amounts remaining after compliance with subparagraphs (A) and (B) may be used, to the extent the Secretary considers appropriate, to retrofit or renovate the project or provide a service coordinator for residents of the project, to the same extent that such activities are authorized to be provided under section 802 of the Cranston-Gonzalez National Affordable Housing Act to housing assisted under such section. Any such unexpended amounts in excess of the amount used in accordance with subparagraphs (A) through (C) shall be recaptured by the Secretary. (3) Use of project funds.--In converting the financing of any housing project pursuant to this section, the Secretary may authorize the owner of the project to use any residual receipts held for the project that exceed $500 per unit (or such other amount as the Secretary may prescribe based on the needs of the project) in accordance with paragraph (2) to improve the market viability, affordability, or service to low-income elderly residents of the project. (d) Third Party Processing.--The Secretary may enter into contracts with public or private entities as the Secretary considers appropriate to facilitate efficient processing of elderly housing project conversions under this section. (e) Tenant Protections.--Notwithstanding any provision of section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q)-- (1) any tenant who, at the time of the conversion under this section of the financing for a housing project, is lawfully residing in a dwelling unit in the project, may not be considered to be ineligible for continued residency in the project after such date because such tenant is not a very low-income elderly person; and (2) very low-income persons with disabilities (as such term is defined in section 811 of the Cranston-Gonzalez National Affordable Housing Act) shall be eligible for occupancy [[Page H8790]] in such project, and units in the project shall be reserved for occupancy by such persons in not less than the same ratio that units in such project are occupied, upon the date of conversion under this section, by handicapped families (as such term is defined in section 202 of the Housing Act of 1959, as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act). (f) Waiver Authority.--The Secretary may waive the applicability of any provision of law or regulation necessary to carry out this section. (g) Study of Debt Forgiveness.-- (1) In general.--The Secretary shall conduct an analysis of the net impact on the Federal budget deficit or surplus of making available, on a one-time basis, to sponsors of projects assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act), forgiveness of any indebtedness to the Secretary relating to any remaining principal and interest under loans made under such section, together with a dollar for dollar reduction in the amount of rental assistance under section 8 of the United States Housing Act of 1937 or other rental assistance provided for such project. Such analysis shall take into consideration the full cost of future appropriations for rental assistance under such section 8 expected to be provided if such debt forgiveness does not take place, notwithstanding current budgetary treatment of such actions pursuant to the Congressional Budget Act of 1974. (2) Report.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the quantitative results of the analysis and an enumeration of any project or administrative benefits of such actions. SEC. 102. PREPAYMENT AND REFINANCING. (a) Approval of Prepayment of Debt.--Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which-- (1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any rental assistance payments contract under section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) relating to the project; and (2) the prepayment may involve refinancing of the loan if such refinancing results in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan. (b) Sources of Refinancing.--In the case of prepayment under this section involving refinancing, the project sponsor may refinance the project through any third party source, including financing by State and local housing finance agencies, use of tax-exempt bonds, multi-family mortgage insurance under the National Housing Act, reinsurance, or other credit enhancements, including risk sharing as provided under section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note). For purposes of underwriting a loan insured under the National Housing Act, the Secretary may assume that any section 8 rental assistance contract relating to a project will be renewed for the term of such loan. (c) Use of Unexpended Amounts.--Upon execution of the refinancing for a project pursuant to this section, the Secretary shall make available at least 50 percent of the annual savings resulting from reduced section 8 or other rental housing assistance contracts in a manner that is advantageous to the tenants, including-- (1) not more than 15 percent of the cost of increasing the availability or provision of supportive services, which may include the financing of service coordinators and congregate services; (2) rehabilitation, modernization, or retrofitting of structures, common areas, or individual dwelling units; (3) construction of an addition or other facility in the project, including assisted living facilities (or, upon the approval of the Secretary, facilities located in the community where the project sponsor refinances a project under this section, or pools shared resources from more than one such project); or (4) rent reduction of unassisted tenants residing in the project according to a pro rata allocation of shared savings resulting from the refinancing. (d) Use of Certain Project Funds.--The Secretary shall allow a project sponsor that is prepaying and refinancing a project under this section-- (1) to use any residual receipts held for that project in excess of $500 per individual dwelling unit for not more than 15 percent of the cost of activities designed to increase the availability or provision of supportive services; and (2) to use any reserves for replacement in excess of $1,000 per individual dwelling unit for activities described in paragraphs (2) and (3) of subsection (c). (e) Budget Act Compliance.--This section shall be effective only to extent or in such amounts that are provided in advance in appropriation Acts. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES SEC. 201. SUPPORTIVE HOUSING FOR ELDERLY PERSONS. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended by adding at the end the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $700,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (c)(4) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 202. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $225,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (d)(5) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 203. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND DISABLED HOUSING. (a) Authorization of Appropriations for Federally Assisted Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $50,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 and 2002, for the following purposes: (1) Grants for service coordinators for certain federally assisted multifamily housing.--For grants under section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) for providing service coordinators. (2) Congregate services for federally assisted housing.-- For contracts under section 802 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8011) to provide congregate services programs for eligible residents of eligible housing projects under subparagraphs (B) through (D) of subsection (k)(6) of such section. (b) Public Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development for fiscal year 2000 for grants for use only for activities described in paragraph (2) of section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(b)(2))-- (1) such sums as may be necessary for renewal of all grants made in prior fiscal years for providing service coordinators and congregate services for the elderly and disabled in public housing; and (B) $11,000,000 for grants in addition to such renewal grants. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly SEC. 301. MATCHING GRANT PROGRAM. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), in the second sentence, by inserting ``or through matching grants under subsection (c)(4)'' after ``subsection (c)(1)''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of [[Page H8791]] more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by elderly persons who are not very low-income persons in a number such that the ratio that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non- Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 302. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C. 1701q(k)(4)) is amended by adding after and below subparagraph (C) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), and (C) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), and (C).''. SEC. 303. MIXED FUNDING SOURCES. Section 202(h)(6) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(6)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 304. AUTHORITY TO ACQUIRE STRUCTURES. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), by striking ``from the Resolution Trust Corporation''; and (2) in subsection (h)(2)-- (A) in the heading for subparagraph (A), by striking ``RTC properties'' and inserting ``Acquisition''; and (B) by striking ``from the Resolution'' and all that follows through ``Insurance Act''. SEC. 305. MIXED-INCOME OCCUPANCY. (a) In General.--The first sentence of section 202(i)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(i)(1)) is amended by striking ``and (B)'' and inserting the following: ``(B) notwithstanding clause (A) and in the case only of a supportive housing project for the elderly which has a high vacancy level (as such term is defined by the Secretary, but which shall not include vacancy upon the initial availability of units in a building), consistent with the purpose of improving housing opportunities for very low- and low-income elderly persons; and (C).''. (b) Availability of Units.--Section 202(i) of the Housing Act of 1959 (12 U.S.C. 1701q(i)) is amended by adding at the end the following new paragraph: ``(3) Availability of units.--In the case of a supportive housing project described in subsection (i)(1)(B) that has a vacant dwelling unit, an owner may not make a dwelling unit available for occupancy by, nor make any commitment to provide occupancy in the unit to, a low-income family that is not a very low-income family unless each eligible very low- income family that has applied for occupancy in the project has been offered an opportunity to accept occupancy in a unit in the project.''. (b) Conforming Amendments.--Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting after ``elderly persons'' the following: ``, and for low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; (B) in the first sentence of paragraph (2), by inserting after ``elderly persons'' the following: ``or by low-income elderly persons (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; and (C) in paragraph (3), by inserting after ``very low-income person'' the following: ``or a low-income person (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; (2) in subsection (d)(1), by inserting after ``elderly persons'' the following: ``, and low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; and (3) in subsection (k)-- (A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Low-income.--The term `low-income' has the same meaning given the term `low-income families' under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).''. SEC. 306. USE OF PROJECT RESERVES. Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end the following new paragraph: ``(8) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 307. COMMERCIAL ACTIVITIES. Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located.''. SEC. 308. MIXED FINANCE PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to determine the effectiveness and feasibility of providing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that are used both for supportive housing for the elderly and for other types of housing, which may include market rate housing. (b) Scope.--Under the pilot program the Secretary shall provide, to the extent that sufficient approvable applications for such assistance are received, assistance in the manner provided under subsection (d) for not more than 5 housing projects. (c) Mixed Use.--The Secretary shall require, for a project to be assisted under the pilot program-- (1) that a portion of the dwelling units in the project be reserved for use in accordance with, and subject to, the requirements applicable to units assisted under section 202 of the Housing Act of 1959; and (2) that the remainder of the dwelling units be used for other purposes. (d) Financing.--The Secretary may use amounts provided for assistance under section 202 of the Housing Act of 1959 for assistance under the pilot program for capital advances in accordance with subsection (d)(1) of such section and project rental assistance in accordance with subsection (d)(2) of such section, only for dwelling units described in subsection (c)(1) of this section. Any assistance provided pursuant to subsection (d)(1) of such section 202 shall be provided in the form of a capital advance, subject to repayment as provided in such subsection, and shall not be structured as a loan. The Secretary shall take such action as may be necessary to ensure that the repayment contingency under such subsection is enforceable for projects assisted under the pilot program and to provide for appropriate protections of the interests of the Secretary in relation to other interests in the projects so assisted. (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this section, the Secretary may waive the applicability of any provision of section 202 of the Housing Act of 1959 for any project assisted under the pilot program under this section as may be appropriate to carry out the program, except to the extent inconsistent with this section. SEC. 309. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. Title II of the Housing Act of 1959 is amended by inserting after section 202a (12 U.S.C. 1701q-1) the following new section: ``SEC. 202B. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary of Housing and Urban Development may make grants in accordance with this section to owners of eligible projects described in subsection (b) for one or both of the following activities: ``(1) Repairs.--Substantial capital repairs to a project that are needed to rehabilitate, modernize, or retrofit aging structures, common areas, or individual dwelling units. ``(2) Conversion.--Activities designed to convert dwelling units in the eligible project to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a multifamily housing project that is-- ``(1) described in subparagraph (B), (C), (D), (E), (F), or (G) of section 683(2) of the Housing and Community Development Act of 1992 (42 U.S.C. 13641(2)), or (B) only to the extent amounts of the Department of Agriculture are made available to the Secretary of Housing and Urban Development for such grants under this section for such projects, subject to a loan made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(2) owned by a private nonprofit organization (as such term is defined in section 202); and ``(3) designated primarily for occupancy by elderly persons. Notwithstanding any other provision of this subsection or this section, an unused or underutilized commercial property may be considered an eligible project under this subsection, except that the Secretary may not provide grants under this section for more 3 such properties. For any such projects, any reference under this section to dwelling units shall be considered to refer to the premises of such properties. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the substantial capital repairs or the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested to complete the substantial capital repairs or conversion activities; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and [[Page H8792]] ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section for conversion activities unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility, which may be provided by third parties. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) in the case of a grant for substantial capital repairs, the extent to which the project to be repaired is in need of such repair, including such factors as the age of improvements to be repaired, and the impact on the health and safety of residents of failure to make such repairs; ``(2) in the case of a grant for conversion activities, the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve, with a special emphasis on very low-income elderly persons who need assistance with activities of daily living; ``(3) the inability of the applicant to fund the repairs or conversion activities from existing financial resources, as evidenced by the applicant's financial records, including assets in the applicant's residual receipts account and reserves for replacement account; ``(4) the extent to which the applicant has evidenced community support for the repairs or conversion, by such indicators as letters of support from the local community for the repairs or conversion and financial contributions from public and private sources; ``(5) in the case of a grant for conversion activities, the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(6) in the case of a grant for conversion activities, the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(7) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definitions.--For the purposes of this section-- ``(1) the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)); and ``(2) the definitions in section 202(k) shall apply. ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 310. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED LIVING FACILITIES. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary may make grants in accordance with this section to public housing agencies for use for activities designed to convert dwelling units in an eligible projects described in subsection (b) to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a public housing project (or a portion thereof) that has been designated under section 7 for occupancy only by elderly persons. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve; ``(2) the inability of the public housing agency to fund the conversion activities from existing financial resources, as evidenced by the agency's financial records; ``(3) the extent to which the agency has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(4) extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(5) the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(6) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definition.--For the purposes of this section, the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)). ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 311. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING FACILITIES. (a) Voucher Assistance.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following new paragraph: ``(18) Rental assistance for assisted living facilities.-- ``(A) In general.--A public housing agency may make assistance payments on behalf of a family that uses an assisted living facility as a principal place of residence and that uses such supportive services made available in the facility as the agency may require. Such payments may be made only for covering costs of rental of the dwelling unit in the assisted living facility and not for covering any portion of the cost of residing in such facility that is attributable to service relating to assisted living. ``(B) Rent calculation.-- ``(i) Charges included.--For assistance pursuant to this paragraph, the rent of the dwelling unit that is a assisted living facility with respect to which assistance payments are made shall include maintenance and management charges related to the dwelling unit and tenant-paid utilities. Such rent shall not include any charges attributable to services relating to assisted living. ``(ii) Payment standard.--In determining the monthly assistance that may be paid under this paragraph on behalf of any family residing in an assisted living facility, the public housing agency shall utilize the payment standard established under paragraph (1), for the market area in which the assisted living facility is located, for the applicable size dwelling unit. ``(iii) Monthly assistance payment.--The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2) (using the rent and payment standard for the dwelling unit as determined in accordance with this subsection). ``(C) Definition.--For the purposes of this paragraph, the term `assisted living facility' has the meaning given that term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)), except that such a facility may be contained within a portion of a larger multifamily housing project.''. (b) Project-Based Assistance.--Section 202b of the Housing Act of 1959, as added by section 2 of this Act, is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Section 8 Project-Based Assistance.-- ``(1) Eligibility.--Notwithstanding any other provision of law, a multifamily project which includes one or more dwelling units that have been converted to assisted living facilities using grants made under this section shall be eligible for project-based assistance under section 8 of the United States Housing Act of 1937, in the same manner in which the project would be eligible for such assistance but for the assisted living facilities in the project. ``(2) Calculation of rent.--For assistance pursuant to this subsection, the maximum monthly rent of a dwelling unit that is an assisted living facility with respect to which assistance payments are made shall not include charges attributable to services relating to assisted living.''. SEC. 312. ANNUAL HUD INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. Subtitle D of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13611 et seq.) is amended by adding at the end the following new section: ``SEC. 662. ANNUAL INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. ``(a) In General.--The Secretary shall establish and maintain, and on an annual basis shall update and publish, an inventory of housing that-- ``(1) is assisted under a program of the Department of Housing and Urban Development, including all federally assisted housing; and ``(2) is designated, in whole or in part, for occupancy by elderly families or disabled families, or both. [[Page H8793]] ``(b) Contents.--The inventory required under this section shall identify housing described in subsection (a) and the number of dwelling units in such housing that-- ``(1) are in projects designated for occupancy only by elderly families; ``(2) are in projects designated for occupancy only by disabled families; ``(3) contain special features or modifications designed to accommodate persons with disabilities and are in projects designated for occupancy only by disabled families; ``(4) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by elderly families; ``(5) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by disabled families; and ``(6) are in projects designed for occupancy only by both elderly or disabled families. ``(c) Publication.--The Secretary shall annually publish the inventory required under this section in the Federal Register and shall make the inventory available to the public by posting on a World Wide Web site of the Department.''. SEC. 313. TREATMENT OF APPLICATIONS. (a) In General.--Notwithstanding any other provision of law or any regulation of the Secretary of Housing and Urban Development, in the case of any denial of an application for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for failure to timely provide information required by the Secretary, the Secretary shall notify the applicant of the failure and provide the applicant an opportunity to show that the failure was due to the failure of a third party to provide information under the control of the third party. If the applicant demonstrates, within a reasonable period of time after notification of such failure, that the applicant did not have such information but requested the timely provision of such information by the third party, the Secretary may not deny the application on the grounds of failure to timely provide such information. (b) Applicability.--This section shall have no force or effect after the expiration of the 12-month period beginning on the date of the enactment of this Act. Subtitle B--Housing for Persons With Disabilities SEC. 321. MATCHING GRANT PROGRAM. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (b)(2)(A), by inserting ``or through matching grants under subsection (d)(5)'' after ``subsection (d)(1)''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(5) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by persons with disabilities who are not very low-income persons in a number such that the ration that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non-Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 322. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 811(k)(6) of the Housing Act of 1959 (42 U.S.C. 8013(k)(6)) is amended by adding after and below subparagraph (D) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), (C), and (D) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), (C), and (D).''. SEC. 323. MIXED FUNDING SOURCES. Section 811(h)(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(5)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 324. TENANT-BASED ASSISTANCE. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (d), by striking paragraph (4) and inserting the following new paragraph: ``(4) Tenant-based rental assistance.-- ``(A) Administering entities.--Tenant-based rental assistance provided under subsection (b)(1) may be provided only through a public housing agency that has submitted and had approved an plan under section 7(d) of the United States Housing Act of 1937 (42 U.S.C. 1437e(d)) that provides for such assistance, or through a private nonprofit organization. A public housing agency shall be eligible to apply under this section only for the purposes of providing such tenant-based rental assistance. ``(B) Program rules.--Tenant-based rental assistance under subsection (b)(1) shall be made available to eligible persons with disabilities and administered under the same rules that govern tenant-based rental assistance made available under section 8 of the United States Housing Act of 1937, except that the Secretary may waive or modify such rules, but only to the extent necessary to provide for administering such assistance under subsection (b)(1) through private nonprofit organizations rather than through public housing agencies. ``(C) Allocation of assistance.--In determining the amount of assistance provided under subsection (b)(1) for a private nonprofit organization or public housing agency, the Secretary shall consider the needs and capabilities of the organization or agency, in the case of a public housing agency, as described in the plan for the agency under section 7 of the United States Housing Act of 1937.''; and (2) in subsection (l)(1)-- (A) by striking ``subsection (b)'' and inserting ``subsection (b)(2)''; (B) by striking the last comma and all that follows through ``subsection (n)''; and (C) by inserting after the last period the following new sentence: ``Notwithstanding any other provision of this section, the Secretary may use not more than 25 percent of the total amounts made available for assistance under this section for any fiscal year for tenant-based rental assistance under subsection (b)(1) for persons with disabilities, and no authority of the Secretary to waive provisions of this section may be used to alter the percentage limitation under this sentence.''. SEC. 325. PROJECT SIZE. (a) Limitation.--Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (k)(4), by inserting ``, subject to the limitation under subsection (h)(6)'' after ``prescribe''; and (2) in subsection (l), by adding at the end the following new paragraph: ``(4) Size limitation.--Of any amounts made available for any fiscal year and used for capital advances or project rental assistance under paragraphs (1) and (2) of subsection (d), not more than 25 percent may be used for supportive housing which contains more than 24 separate dwelling units.''. (b) Study.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall conduct a study and submit a report to the Congress regarding-- (1) the extent to which the authority of the Secretary under section 811(k)(4) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(4)), as in effect immediately before the enactment of this Act, has been used in each year since 1990 to provide for assistance under such section for supportive housing for persons with disabilities having more than 24 separate dwelling units; (2) the per-unit costs of, and the benefits and problems associated with, providing such housing in projects having 8 or less dwelling units, 8 to 24 units, and more than 24 units; and (3) the per-unit costs of, and the benefits and problems associated with providing housing under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30 to 50 dwelling units, in projects having more than 50 but not more than 80 dwelling units, in projects having more than 80 but not more than 120 dwelling units, and in projects having more than 120 dwelling units, but the study shall also examine the social considerations afforded by smaller and moderate-size developments and shall not be limited to economic factors. SEC. 326. USE OF PROJECT RESERVES. Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)) is amended by adding at the end the following new paragraph: ``(7) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 327. COMMERCIAL ACTIVITIES. Section 811(h)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities [[Page H8794]] for the benefit of residents of the project and the community in which the project is located.''. Subtitle C--Other Provisions SEC. 341. SERVICE COORDINATORS. (a) Increased Flexibility for Use of Service Coordinators in Certain Federally Assisted Housing.--Section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) is amended-- (1) in the section heading, by striking ``MULTIFAMILY HOUSING ASSISTED UNDER THE NATIONAL HOUSING ACT'' and inserting ``CERTAIN FEDERALLY ASSISTED HOUSING''; (2) in subsection (a)-- (A) in the first sentence, by striking ``(E) and (F)'' and inserting ``(B), (C), (D), (E), (F), and (G)''; and (B) in the last sentence-- (i) by striking ``section 661'' and inserting ``section 671''; and (ii) by adding after the period at the end the following new sentence: ``A service coordinator funded with a grant under this section for a project may provide services to low- income elderly or disabled families living in the vicinity of such project.''; (3) in subsection (d)-- (A) by striking ``(E) or (F)'' and inserting ``(B), (C), (D), (E), (F), or (G)''; and (B) by striking ``section 661'' and inserting ``section 671''; and (4) by striking subsection (c) and redesignating subsection (d) (as amended by paragraph (3) of this subsection) as subsection (c). (b) Requirement To Provide Service Coordinators.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631) is amended-- (1) in the first sentence of subsection (a), by striking ``to carry out this subtitle pursuant to the amendments made by this subtitle'' and inserting the following: ``for providing service coordinators under this section''; (2) in subsection (d), by inserting ``)'' after ``section 683(2)''; and (3) by adding at the end following new subsection: ``(e) Services for Low-Income Elderly or Disabled Families Residing in Vicinity of Certain Projects.--To the extent only that this section applies to service coordinators for covered federally assisted housing described in subparagraphs (B), (C), (D), (E), (F), and (G) of section 683(2), any reference in this section to elderly or disabled residents of a project shall be construed to include low-income elderly or disabled families living in the vicinity of such project.''. (c) Protection Against Telemarketing Fraud.-- (1) Supportive housing for the elderly.--The first sentence of section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) is amended by striking ``and (F)'' and inserting the following: ``(F) providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under section 671(f) of the Housing and Community Development Act of 1992 (42 U.S.C. 13631(f)); and (G)''. (2) Other federally assisted housing.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631), as amended by subsection (b) of this section, is further amended-- (A) in the first sentence of subsection (c), by inserting after ``response,'' the following: ``providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under subsection (f),''; and (B) by adding at the end the following new subsection: ``(f) Protection Against Telemarketing Fraud.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Health and Human Services, shall establish standards for service coordinators in federally assisted housing who are providing education and outreach to elderly persons residing in such housing regarding telemarketing fraud. The standards shall be designed to ensure that such education and outreach informs such elde

Summary:

All articles in House section

PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT
(House of Representatives - September 27, 1999)

Text of this article available as: TXT PDF [Pages H8788-H8813] PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 202) to restructure the financing for assisted housing for senior citizens and otherwise provide for the preservation of such housing in the 21st Century, and for other purposes, as amended. The Clerk read as follows: H.R. 202 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Regulations. Sec. 3. Effective date. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY Sec. 101. Conversion of financing Sec. 102. Prepayment and refinancing. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES Sec. 201. Supportive housing for elderly persons. Sec. 202. Supportive housing for persons with disabilities. Sec. 203. Service coordinators and congregate services for elderly and disabled housing. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly Sec. 301. Matching grant program. [[Page H8789]] Sec. 302. Eligibility of for-profit limited partnerships. Sec. 303. Mixed funding sources. Sec. 304. Authority to acquire structures. Sec. 305. Mixed-income occupancy. Sec. 306. Use of project reserves. Sec. 307. Commercial activities. Sec. 308. Mixed finance pilot program. Sec. 309. Grants for conversion of elderly housing to assisted living facilities. Sec. 310. Grants for conversion of public housing projects to assisted living facilities. Sec. 311. Use of section 8 assistance for assisted living facilities. Sec. 312. Annual HUD inventory of assisted housing designated for elderly persons. Sec. 313. Treatment of applications. Subtitle B--Housing for Persons With Disabilities Sec. 321. Matching grant program. Sec. 322. Eligibility of for-profit limited partnerships. Sec. 323. Mixed funding sources. Sec. 324. Tenant-based assistance. Sec. 325. Project size. Sec. 326. Use of project reserves. Sec. 327. Commercial activities. Subtitle C--Other Provisions Sec. 341. Service coordinators. Sec. 342. Commission on Affordable Housing and Health Care Facility Needs in the 21st Century. TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND PROTECTION OF RESIDENTS Sec. 401. Findings and purpose. Sec. 402. Renewal of expiring contracts and enhanced vouchers for project residents. Sec. 403. Section 236 assistance. Sec. 404. Matching grant program for affordable housing preservation. Sec. 405. Rehabilitation of assisted housing. Sec. 406. Technical assistance. Sec. 407. Termination of section 8 contract and duration of renewal contract. Sec. 408. Enhanced voucher eligibility for residents of flexible subsidy properties. Sec. 409. Enhanced disposition authority. Sec. 410. Assistance for nonprofit purchasers preserving affordable housing. TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY CONVERSION MORTGAGES Sec. 501. Rehabilitation of existing hospitals, nursing homes, and other facilities. Sec. 502. New health care facilities. Sec. 503. Hospitals and hospital-based health care facilities. Sec. 504. Insurance for mortgages to refinance existing home equity conversion mortgages. SEC. 2. REGULATIONS. The Secretary of Housing and Urban Development shall issue any regulations to carry out this Act and the amendments made by this Act that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553. SEC. 3. EFFECTIVE DATE. (a) In General.--The provisions of this Act and the amendments made by this Act are effective as of the date of the enactment of this Act, unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. (b) Effect of Regulatory Authority.--Any authority in this Act or the amendments made by this Act to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this Act or the amendments made by this Act under such provisions and amendments and subsection (a) of this section. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY SEC. 101. CONVERSION OF FINANCING (a) In General.--Subject to the provisions of this section, at the request of the owner of a project assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act) and section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)), the Secretary shall convert the financing of any such housing project to financing under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q). In such a conversion, the Secretary shall, if requested by the owner, convert loans made under such section 202 (as in effect before enactment of the Cranston-Gonzalez National Affordable Housing Act), and shall convert section 8 contracts (or such other contracts for rental housing assistance) provided in connection with such loans, into capital advances and project rental assistance under section 202 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act), respectively, in accordance with this section. (b) Debt Forgiveness.-- (1) In general.--Subject to paragraph (2), in converting the financing of any housing project pursuant to this section, the Secretary shall cancel any indebtedness to the Secretary relating to any remaining principal and interest under any loan for the project made under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act). (2) Budget act compliance.--The authority of the Secretary to cancel indebtedness under paragraph (1) shall be effective only to the extent or in such amounts as are or have been provided in advance in appropriation Acts. (c) Cancellation of Rental Assistance Contracts and Use of Project Funds.-- (1) In general.--For each housing project for which debt is canceled under subsection (b) of this section pursuant to a request for conversion under subsection (a), the Secretary shall cancel any contract for rental assistance for the project under section 8 of the United States Housing Act of 1937 (or any other contract for rental housing assistance under a program of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)). (2) Use of unexpended amounts.--Amounts previously obligated for such contract that remain unexpended shall be used as follows: (A) Project rental assistance contract.--Remaining amounts shall be used first, to the extent necessary, to provide rental assistance for the project, under a contract for project rental assistance under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)), that-- (i) has a duration that is not less than the remainder of the section 8 or other rental housing assistance contract canceled; and (ii) provides assistance in an annual amount that is equal to the aggregate amount provided during the last 12-month period under the section 8 or other rental housing assistance contract for the project canceled (pursuant to paragraph (1) of this subsection), less the portion of such assistance that is attributable to debt service for the loan on the project canceled under subsection (b) of this section, subject to an annual adjustment of existing rents under the contract by an operating cost adjustment factor established by the Secretary (which shall not result in a negative adjustment). (B) Credit against loan cancellation.--Amounts remaining after compliance with subparagraph (A) shall, on a fiscal year basis, be transferred to the account covering the loan for the project canceled pursuant to subsection (b) and shall be credited as offsetting collection to such account, in an amount for each fiscal year that is equal to the amount of indebtedness canceled for such year pursuant such subsection. (C) Retrofitting, renovation, and service coordinators.-- Any amounts remaining after compliance with subparagraphs (A) and (B) may be used, to the extent the Secretary considers appropriate, to retrofit or renovate the project or provide a service coordinator for residents of the project, to the same extent that such activities are authorized to be provided under section 802 of the Cranston-Gonzalez National Affordable Housing Act to housing assisted under such section. Any such unexpended amounts in excess of the amount used in accordance with subparagraphs (A) through (C) shall be recaptured by the Secretary. (3) Use of project funds.--In converting the financing of any housing project pursuant to this section, the Secretary may authorize the owner of the project to use any residual receipts held for the project that exceed $500 per unit (or such other amount as the Secretary may prescribe based on the needs of the project) in accordance with paragraph (2) to improve the market viability, affordability, or service to low-income elderly residents of the project. (d) Third Party Processing.--The Secretary may enter into contracts with public or private entities as the Secretary considers appropriate to facilitate efficient processing of elderly housing project conversions under this section. (e) Tenant Protections.--Notwithstanding any provision of section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q)-- (1) any tenant who, at the time of the conversion under this section of the financing for a housing project, is lawfully residing in a dwelling unit in the project, may not be considered to be ineligible for continued residency in the project after such date because such tenant is not a very low-income elderly person; and (2) very low-income persons with disabilities (as such term is defined in section 811 of the Cranston-Gonzalez National Affordable Housing Act) shall be eligible for occupancy [[Page H8790]] in such project, and units in the project shall be reserved for occupancy by such persons in not less than the same ratio that units in such project are occupied, upon the date of conversion under this section, by handicapped families (as such term is defined in section 202 of the Housing Act of 1959, as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act). (f) Waiver Authority.--The Secretary may waive the applicability of any provision of law or regulation necessary to carry out this section. (g) Study of Debt Forgiveness.-- (1) In general.--The Secretary shall conduct an analysis of the net impact on the Federal budget deficit or surplus of making available, on a one-time basis, to sponsors of projects assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act), forgiveness of any indebtedness to the Secretary relating to any remaining principal and interest under loans made under such section, together with a dollar for dollar reduction in the amount of rental assistance under section 8 of the United States Housing Act of 1937 or other rental assistance provided for such project. Such analysis shall take into consideration the full cost of future appropriations for rental assistance under such section 8 expected to be provided if such debt forgiveness does not take place, notwithstanding current budgetary treatment of such actions pursuant to the Congressional Budget Act of 1974. (2) Report.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the quantitative results of the analysis and an enumeration of any project or administrative benefits of such actions. SEC. 102. PREPAYMENT AND REFINANCING. (a) Approval of Prepayment of Debt.--Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which-- (1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any rental assistance payments contract under section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) relating to the project; and (2) the prepayment may involve refinancing of the loan if such refinancing results in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan. (b) Sources of Refinancing.--In the case of prepayment under this section involving refinancing, the project sponsor may refinance the project through any third party source, including financing by State and local housing finance agencies, use of tax-exempt bonds, multi-family mortgage insurance under the National Housing Act, reinsurance, or other credit enhancements, including risk sharing as provided under section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note). For purposes of underwriting a loan insured under the National Housing Act, the Secretary may assume that any section 8 rental assistance contract relating to a project will be renewed for the term of such loan. (c) Use of Unexpended Amounts.--Upon execution of the refinancing for a project pursuant to this section, the Secretary shall make available at least 50 percent of the annual savings resulting from reduced section 8 or other rental housing assistance contracts in a manner that is advantageous to the tenants, including-- (1) not more than 15 percent of the cost of increasing the availability or provision of supportive services, which may include the financing of service coordinators and congregate services; (2) rehabilitation, modernization, or retrofitting of structures, common areas, or individual dwelling units; (3) construction of an addition or other facility in the project, including assisted living facilities (or, upon the approval of the Secretary, facilities located in the community where the project sponsor refinances a project under this section, or pools shared resources from more than one such project); or (4) rent reduction of unassisted tenants residing in the project according to a pro rata allocation of shared savings resulting from the refinancing. (d) Use of Certain Project Funds.--The Secretary shall allow a project sponsor that is prepaying and refinancing a project under this section-- (1) to use any residual receipts held for that project in excess of $500 per individual dwelling unit for not more than 15 percent of the cost of activities designed to increase the availability or provision of supportive services; and (2) to use any reserves for replacement in excess of $1,000 per individual dwelling unit for activities described in paragraphs (2) and (3) of subsection (c). (e) Budget Act Compliance.--This section shall be effective only to extent or in such amounts that are provided in advance in appropriation Acts. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES SEC. 201. SUPPORTIVE HOUSING FOR ELDERLY PERSONS. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended by adding at the end the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $700,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (c)(4) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 202. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $225,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (d)(5) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 203. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND DISABLED HOUSING. (a) Authorization of Appropriations for Federally Assisted Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $50,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 and 2002, for the following purposes: (1) Grants for service coordinators for certain federally assisted multifamily housing.--For grants under section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) for providing service coordinators. (2) Congregate services for federally assisted housing.-- For contracts under section 802 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8011) to provide congregate services programs for eligible residents of eligible housing projects under subparagraphs (B) through (D) of subsection (k)(6) of such section. (b) Public Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development for fiscal year 2000 for grants for use only for activities described in paragraph (2) of section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(b)(2))-- (1) such sums as may be necessary for renewal of all grants made in prior fiscal years for providing service coordinators and congregate services for the elderly and disabled in public housing; and (B) $11,000,000 for grants in addition to such renewal grants. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly SEC. 301. MATCHING GRANT PROGRAM. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), in the second sentence, by inserting ``or through matching grants under subsection (c)(4)'' after ``subsection (c)(1)''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of [[Page H8791]] more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by elderly persons who are not very low-income persons in a number such that the ratio that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non- Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 302. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C. 1701q(k)(4)) is amended by adding after and below subparagraph (C) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), and (C) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), and (C).''. SEC. 303. MIXED FUNDING SOURCES. Section 202(h)(6) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(6)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 304. AUTHORITY TO ACQUIRE STRUCTURES. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), by striking ``from the Resolution Trust Corporation''; and (2) in subsection (h)(2)-- (A) in the heading for subparagraph (A), by striking ``RTC properties'' and inserting ``Acquisition''; and (B) by striking ``from the Resolution'' and all that follows through ``Insurance Act''. SEC. 305. MIXED-INCOME OCCUPANCY. (a) In General.--The first sentence of section 202(i)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(i)(1)) is amended by striking ``and (B)'' and inserting the following: ``(B) notwithstanding clause (A) and in the case only of a supportive housing project for the elderly which has a high vacancy level (as such term is defined by the Secretary, but which shall not include vacancy upon the initial availability of units in a building), consistent with the purpose of improving housing opportunities for very low- and low-income elderly persons; and (C).''. (b) Availability of Units.--Section 202(i) of the Housing Act of 1959 (12 U.S.C. 1701q(i)) is amended by adding at the end the following new paragraph: ``(3) Availability of units.--In the case of a supportive housing project described in subsection (i)(1)(B) that has a vacant dwelling unit, an owner may not make a dwelling unit available for occupancy by, nor make any commitment to provide occupancy in the unit to, a low-income family that is not a very low-income family unless each eligible very low- income family that has applied for occupancy in the project has been offered an opportunity to accept occupancy in a unit in the project.''. (b) Conforming Amendments.--Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting after ``elderly persons'' the following: ``, and for low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; (B) in the first sentence of paragraph (2), by inserting after ``elderly persons'' the following: ``or by low-income elderly persons (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; and (C) in paragraph (3), by inserting after ``very low-income person'' the following: ``or a low-income person (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; (2) in subsection (d)(1), by inserting after ``elderly persons'' the following: ``, and low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; and (3) in subsection (k)-- (A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Low-income.--The term `low-income' has the same meaning given the term `low-income families' under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).''. SEC. 306. USE OF PROJECT RESERVES. Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end the following new paragraph: ``(8) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 307. COMMERCIAL ACTIVITIES. Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located.''. SEC. 308. MIXED FINANCE PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to determine the effectiveness and feasibility of providing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that are used both for supportive housing for the elderly and for other types of housing, which may include market rate housing. (b) Scope.--Under the pilot program the Secretary shall provide, to the extent that sufficient approvable applications for such assistance are received, assistance in the manner provided under subsection (d) for not more than 5 housing projects. (c) Mixed Use.--The Secretary shall require, for a project to be assisted under the pilot program-- (1) that a portion of the dwelling units in the project be reserved for use in accordance with, and subject to, the requirements applicable to units assisted under section 202 of the Housing Act of 1959; and (2) that the remainder of the dwelling units be used for other purposes. (d) Financing.--The Secretary may use amounts provided for assistance under section 202 of the Housing Act of 1959 for assistance under the pilot program for capital advances in accordance with subsection (d)(1) of such section and project rental assistance in accordance with subsection (d)(2) of such section, only for dwelling units described in subsection (c)(1) of this section. Any assistance provided pursuant to subsection (d)(1) of such section 202 shall be provided in the form of a capital advance, subject to repayment as provided in such subsection, and shall not be structured as a loan. The Secretary shall take such action as may be necessary to ensure that the repayment contingency under such subsection is enforceable for projects assisted under the pilot program and to provide for appropriate protections of the interests of the Secretary in relation to other interests in the projects so assisted. (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this section, the Secretary may waive the applicability of any provision of section 202 of the Housing Act of 1959 for any project assisted under the pilot program under this section as may be appropriate to carry out the program, except to the extent inconsistent with this section. SEC. 309. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. Title II of the Housing Act of 1959 is amended by inserting after section 202a (12 U.S.C. 1701q-1) the following new section: ``SEC. 202B. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary of Housing and Urban Development may make grants in accordance with this section to owners of eligible projects described in subsection (b) for one or both of the following activities: ``(1) Repairs.--Substantial capital repairs to a project that are needed to rehabilitate, modernize, or retrofit aging structures, common areas, or individual dwelling units. ``(2) Conversion.--Activities designed to convert dwelling units in the eligible project to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a multifamily housing project that is-- ``(1) described in subparagraph (B), (C), (D), (E), (F), or (G) of section 683(2) of the Housing and Community Development Act of 1992 (42 U.S.C. 13641(2)), or (B) only to the extent amounts of the Department of Agriculture are made available to the Secretary of Housing and Urban Development for such grants under this section for such projects, subject to a loan made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(2) owned by a private nonprofit organization (as such term is defined in section 202); and ``(3) designated primarily for occupancy by elderly persons. Notwithstanding any other provision of this subsection or this section, an unused or underutilized commercial property may be considered an eligible project under this subsection, except that the Secretary may not provide grants under this section for more 3 such properties. For any such projects, any reference under this section to dwelling units shall be considered to refer to the premises of such properties. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the substantial capital repairs or the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested to complete the substantial capital repairs or conversion activities; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and [[Page H8792]] ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section for conversion activities unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility, which may be provided by third parties. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) in the case of a grant for substantial capital repairs, the extent to which the project to be repaired is in need of such repair, including such factors as the age of improvements to be repaired, and the impact on the health and safety of residents of failure to make such repairs; ``(2) in the case of a grant for conversion activities, the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve, with a special emphasis on very low-income elderly persons who need assistance with activities of daily living; ``(3) the inability of the applicant to fund the repairs or conversion activities from existing financial resources, as evidenced by the applicant's financial records, including assets in the applicant's residual receipts account and reserves for replacement account; ``(4) the extent to which the applicant has evidenced community support for the repairs or conversion, by such indicators as letters of support from the local community for the repairs or conversion and financial contributions from public and private sources; ``(5) in the case of a grant for conversion activities, the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(6) in the case of a grant for conversion activities, the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(7) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definitions.--For the purposes of this section-- ``(1) the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)); and ``(2) the definitions in section 202(k) shall apply. ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 310. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED LIVING FACILITIES. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary may make grants in accordance with this section to public housing agencies for use for activities designed to convert dwelling units in an eligible projects described in subsection (b) to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a public housing project (or a portion thereof) that has been designated under section 7 for occupancy only by elderly persons. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve; ``(2) the inability of the public housing agency to fund the conversion activities from existing financial resources, as evidenced by the agency's financial records; ``(3) the extent to which the agency has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(4) extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(5) the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(6) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definition.--For the purposes of this section, the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)). ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 311. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING FACILITIES. (a) Voucher Assistance.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following new paragraph: ``(18) Rental assistance for assisted living facilities.-- ``(A) In general.--A public housing agency may make assistance payments on behalf of a family that uses an assisted living facility as a principal place of residence and that uses such supportive services made available in the facility as the agency may require. Such payments may be made only for covering costs of rental of the dwelling unit in the assisted living facility and not for covering any portion of the cost of residing in such facility that is attributable to service relating to assisted living. ``(B) Rent calculation.-- ``(i) Charges included.--For assistance pursuant to this paragraph, the rent of the dwelling unit that is a assisted living facility with respect to which assistance payments are made shall include maintenance and management charges related to the dwelling unit and tenant-paid utilities. Such rent shall not include any charges attributable to services relating to assisted living. ``(ii) Payment standard.--In determining the monthly assistance that may be paid under this paragraph on behalf of any family residing in an assisted living facility, the public housing agency shall utilize the payment standard established under paragraph (1), for the market area in which the assisted living facility is located, for the applicable size dwelling unit. ``(iii) Monthly assistance payment.--The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2) (using the rent and payment standard for the dwelling unit as determined in accordance with this subsection). ``(C) Definition.--For the purposes of this paragraph, the term `assisted living facility' has the meaning given that term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)), except that such a facility may be contained within a portion of a larger multifamily housing project.''. (b) Project-Based Assistance.--Section 202b of the Housing Act of 1959, as added by section 2 of this Act, is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Section 8 Project-Based Assistance.-- ``(1) Eligibility.--Notwithstanding any other provision of law, a multifamily project which includes one or more dwelling units that have been converted to assisted living facilities using grants made under this section shall be eligible for project-based assistance under section 8 of the United States Housing Act of 1937, in the same manner in which the project would be eligible for such assistance but for the assisted living facilities in the project. ``(2) Calculation of rent.--For assistance pursuant to this subsection, the maximum monthly rent of a dwelling unit that is an assisted living facility with respect to which assistance payments are made shall not include charges attributable to services relating to assisted living.''. SEC. 312. ANNUAL HUD INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. Subtitle D of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13611 et seq.) is amended by adding at the end the following new section: ``SEC. 662. ANNUAL INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. ``(a) In General.--The Secretary shall establish and maintain, and on an annual basis shall update and publish, an inventory of housing that-- ``(1) is assisted under a program of the Department of Housing and Urban Development, including all federally assisted housing; and ``(2) is designated, in whole or in part, for occupancy by elderly families or disabled families, or both. [[Page H8793]] ``(b) Contents.--The inventory required under this section shall identify housing described in subsection (a) and the number of dwelling units in such housing that-- ``(1) are in projects designated for occupancy only by elderly families; ``(2) are in projects designated for occupancy only by disabled families; ``(3) contain special features or modifications designed to accommodate persons with disabilities and are in projects designated for occupancy only by disabled families; ``(4) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by elderly families; ``(5) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by disabled families; and ``(6) are in projects designed for occupancy only by both elderly or disabled families. ``(c) Publication.--The Secretary shall annually publish the inventory required under this section in the Federal Register and shall make the inventory available to the public by posting on a World Wide Web site of the Department.''. SEC. 313. TREATMENT OF APPLICATIONS. (a) In General.--Notwithstanding any other provision of law or any regulation of the Secretary of Housing and Urban Development, in the case of any denial of an application for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for failure to timely provide information required by the Secretary, the Secretary shall notify the applicant of the failure and provide the applicant an opportunity to show that the failure was due to the failure of a third party to provide information under the control of the third party. If the applicant demonstrates, within a reasonable period of time after notification of such failure, that the applicant did not have such information but requested the timely provision of such information by the third party, the Secretary may not deny the application on the grounds of failure to timely provide such information. (b) Applicability.--This section shall have no force or effect after the expiration of the 12-month period beginning on the date of the enactment of this Act. Subtitle B--Housing for Persons With Disabilities SEC. 321. MATCHING GRANT PROGRAM. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (b)(2)(A), by inserting ``or through matching grants under subsection (d)(5)'' after ``subsection (d)(1)''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(5) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by persons with disabilities who are not very low-income persons in a number such that the ration that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non-Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 322. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 811(k)(6) of the Housing Act of 1959 (42 U.S.C. 8013(k)(6)) is amended by adding after and below subparagraph (D) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), (C), and (D) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), (C), and (D).''. SEC. 323. MIXED FUNDING SOURCES. Section 811(h)(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(5)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 324. TENANT-BASED ASSISTANCE. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (d), by striking paragraph (4) and inserting the following new paragraph: ``(4) Tenant-based rental assistance.-- ``(A) Administering entities.--Tenant-based rental assistance provided under subsection (b)(1) may be provided only through a public housing agency that has submitted and had approved an plan under section 7(d) of the United States Housing Act of 1937 (42 U.S.C. 1437e(d)) that provides for such assistance, or through a private nonprofit organization. A public housing agency shall be eligible to apply under this section only for the purposes of providing such tenant-based rental assistance. ``(B) Program rules.--Tenant-based rental assistance under subsection (b)(1) shall be made available to eligible persons with disabilities and administered under the same rules that govern tenant-based rental assistance made available under section 8 of the United States Housing Act of 1937, except that the Secretary may waive or modify such rules, but only to the extent necessary to provide for administering such assistance under subsection (b)(1) through private nonprofit organizations rather than through public housing agencies. ``(C) Allocation of assistance.--In determining the amount of assistance provided under subsection (b)(1) for a private nonprofit organization or public housing agency, the Secretary shall consider the needs and capabilities of the organization or agency, in the case of a public housing agency, as described in the plan for the agency under section 7 of the United States Housing Act of 1937.''; and (2) in subsection (l)(1)-- (A) by striking ``subsection (b)'' and inserting ``subsection (b)(2)''; (B) by striking the last comma and all that follows through ``subsection (n)''; and (C) by inserting after the last period the following new sentence: ``Notwithstanding any other provision of this section, the Secretary may use not more than 25 percent of the total amounts made available for assistance under this section for any fiscal year for tenant-based rental assistance under subsection (b)(1) for persons with disabilities, and no authority of the Secretary to waive provisions of this section may be used to alter the percentage limitation under this sentence.''. SEC. 325. PROJECT SIZE. (a) Limitation.--Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (k)(4), by inserting ``, subject to the limitation under subsection (h)(6)'' after ``prescribe''; and (2) in subsection (l), by adding at the end the following new paragraph: ``(4) Size limitation.--Of any amounts made available for any fiscal year and used for capital advances or project rental assistance under paragraphs (1) and (2) of subsection (d), not more than 25 percent may be used for supportive housing which contains more than 24 separate dwelling units.''. (b) Study.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall conduct a study and submit a report to the Congress regarding-- (1) the extent to which the authority of the Secretary under section 811(k)(4) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(4)), as in effect immediately before the enactment of this Act, has been used in each year since 1990 to provide for assistance under such section for supportive housing for persons with disabilities having more than 24 separate dwelling units; (2) the per-unit costs of, and the benefits and problems associated with, providing such housing in projects having 8 or less dwelling units, 8 to 24 units, and more than 24 units; and (3) the per-unit costs of, and the benefits and problems associated with providing housing under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30 to 50 dwelling units, in projects having more than 50 but not more than 80 dwelling units, in projects having more than 80 but not more than 120 dwelling units, and in projects having more than 120 dwelling units, but the study shall also examine the social considerations afforded by smaller and moderate-size developments and shall not be limited to economic factors. SEC. 326. USE OF PROJECT RESERVES. Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)) is amended by adding at the end the following new paragraph: ``(7) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 327. COMMERCIAL ACTIVITIES. Section 811(h)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities [[Page H8794]] for the benefit of residents of the project and the community in which the project is located.''. Subtitle C--Other Provisions SEC. 341. SERVICE COORDINATORS. (a) Increased Flexibility for Use of Service Coordinators in Certain Federally Assisted Housing.--Section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) is amended-- (1) in the section heading, by striking ``MULTIFAMILY HOUSING ASSISTED UNDER THE NATIONAL HOUSING ACT'' and inserting ``CERTAIN FEDERALLY ASSISTED HOUSING''; (2) in subsection (a)-- (A) in the first sentence, by striking ``(E) and (F)'' and inserting ``(B), (C), (D), (E), (F), and (G)''; and (B) in the last sentence-- (i) by striking ``section 661'' and inserting ``section 671''; and (ii) by adding after the period at the end the following new sentence: ``A service coordinator funded with a grant under this section for a project may provide services to low- income elderly or disabled families living in the vicinity of such project.''; (3) in subsection (d)-- (A) by striking ``(E) or (F)'' and inserting ``(B), (C), (D), (E), (F), or (G)''; and (B) by striking ``section 661'' and inserting ``section 671''; and (4) by striking subsection (c) and redesignating subsection (d) (as amended by paragraph (3) of this subsection) as subsection (c). (b) Requirement To Provide Service Coordinators.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631) is amended-- (1) in the first sentence of subsection (a), by striking ``to carry out this subtitle pursuant to the amendments made by this subtitle'' and inserting the following: ``for providing service coordinators under this section''; (2) in subsection (d), by inserting ``)'' after ``section 683(2)''; and (3) by adding at the end following new subsection: ``(e) Services for Low-Income Elderly or Disabled Families Residing in Vicinity of Certain Projects.--To the extent only that this section applies to service coordinators for covered federally assisted housing described in subparagraphs (B), (C), (D), (E), (F), and (G) of section 683(2), any reference in this section to elderly or disabled residents of a project shall be construed to include low-income elderly or disabled families living in the vicinity of such project.''. (c) Protection Against Telemarketing Fraud.-- (1) Supportive housing for the elderly.--The first sentence of section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) is amended by striking ``and (F)'' and inserting the following: ``(F) providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under section 671(f) of the Housing and Community Development Act of 1992 (42 U.S.C. 13631(f)); and (G)''. (2) Other federally assisted housing.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631), as amended by subsection (b) of this section, is further amended-- (A) in the first sentence of subsection (c), by inserting after ``response,'' the following: ``providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under subsection (f),''; and (B) by adding at the end the following new subsection: ``(f) Protection Against Telemarketing Fraud.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Health and Human Services, shall establish standards for service coordinators in federally assisted housing who are providing education and outreach to elderly persons residing in such housing regarding telemarketing fraud. The standards shall be designed to ensure that such education and outreach informs such elderly person

Major Actions:

All articles in House section

PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT
(House of Representatives - September 27, 1999)

Text of this article available as: TXT PDF [Pages H8788-H8813] PRESERVING AFFORDABLE HOUSING FOR SENIOR CITIZENS AND FAMILIES INTO THE 21ST CENTURY ACT Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 202) to restructure the financing for assisted housing for senior citizens and otherwise provide for the preservation of such housing in the 21st Century, and for other purposes, as amended. The Clerk read as follows: H.R. 202 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Regulations. Sec. 3. Effective date. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY Sec. 101. Conversion of financing Sec. 102. Prepayment and refinancing. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES Sec. 201. Supportive housing for elderly persons. Sec. 202. Supportive housing for persons with disabilities. Sec. 203. Service coordinators and congregate services for elderly and disabled housing. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly Sec. 301. Matching grant program. [[Page H8789]] Sec. 302. Eligibility of for-profit limited partnerships. Sec. 303. Mixed funding sources. Sec. 304. Authority to acquire structures. Sec. 305. Mixed-income occupancy. Sec. 306. Use of project reserves. Sec. 307. Commercial activities. Sec. 308. Mixed finance pilot program. Sec. 309. Grants for conversion of elderly housing to assisted living facilities. Sec. 310. Grants for conversion of public housing projects to assisted living facilities. Sec. 311. Use of section 8 assistance for assisted living facilities. Sec. 312. Annual HUD inventory of assisted housing designated for elderly persons. Sec. 313. Treatment of applications. Subtitle B--Housing for Persons With Disabilities Sec. 321. Matching grant program. Sec. 322. Eligibility of for-profit limited partnerships. Sec. 323. Mixed funding sources. Sec. 324. Tenant-based assistance. Sec. 325. Project size. Sec. 326. Use of project reserves. Sec. 327. Commercial activities. Subtitle C--Other Provisions Sec. 341. Service coordinators. Sec. 342. Commission on Affordable Housing and Health Care Facility Needs in the 21st Century. TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND PROTECTION OF RESIDENTS Sec. 401. Findings and purpose. Sec. 402. Renewal of expiring contracts and enhanced vouchers for project residents. Sec. 403. Section 236 assistance. Sec. 404. Matching grant program for affordable housing preservation. Sec. 405. Rehabilitation of assisted housing. Sec. 406. Technical assistance. Sec. 407. Termination of section 8 contract and duration of renewal contract. Sec. 408. Enhanced voucher eligibility for residents of flexible subsidy properties. Sec. 409. Enhanced disposition authority. Sec. 410. Assistance for nonprofit purchasers preserving affordable housing. TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY CONVERSION MORTGAGES Sec. 501. Rehabilitation of existing hospitals, nursing homes, and other facilities. Sec. 502. New health care facilities. Sec. 503. Hospitals and hospital-based health care facilities. Sec. 504. Insurance for mortgages to refinance existing home equity conversion mortgages. SEC. 2. REGULATIONS. The Secretary of Housing and Urban Development shall issue any regulations to carry out this Act and the amendments made by this Act that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553. SEC. 3. EFFECTIVE DATE. (a) In General.--The provisions of this Act and the amendments made by this Act are effective as of the date of the enactment of this Act, unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. (b) Effect of Regulatory Authority.--Any authority in this Act or the amendments made by this Act to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this Act or the amendments made by this Act under such provisions and amendments and subsection (a) of this section. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY SEC. 101. CONVERSION OF FINANCING (a) In General.--Subject to the provisions of this section, at the request of the owner of a project assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act) and section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)), the Secretary shall convert the financing of any such housing project to financing under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q). In such a conversion, the Secretary shall, if requested by the owner, convert loans made under such section 202 (as in effect before enactment of the Cranston-Gonzalez National Affordable Housing Act), and shall convert section 8 contracts (or such other contracts for rental housing assistance) provided in connection with such loans, into capital advances and project rental assistance under section 202 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act), respectively, in accordance with this section. (b) Debt Forgiveness.-- (1) In general.--Subject to paragraph (2), in converting the financing of any housing project pursuant to this section, the Secretary shall cancel any indebtedness to the Secretary relating to any remaining principal and interest under any loan for the project made under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act). (2) Budget act compliance.--The authority of the Secretary to cancel indebtedness under paragraph (1) shall be effective only to the extent or in such amounts as are or have been provided in advance in appropriation Acts. (c) Cancellation of Rental Assistance Contracts and Use of Project Funds.-- (1) In general.--For each housing project for which debt is canceled under subsection (b) of this section pursuant to a request for conversion under subsection (a), the Secretary shall cancel any contract for rental assistance for the project under section 8 of the United States Housing Act of 1937 (or any other contract for rental housing assistance under a program of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)). (2) Use of unexpended amounts.--Amounts previously obligated for such contract that remain unexpended shall be used as follows: (A) Project rental assistance contract.--Remaining amounts shall be used first, to the extent necessary, to provide rental assistance for the project, under a contract for project rental assistance under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)), that-- (i) has a duration that is not less than the remainder of the section 8 or other rental housing assistance contract canceled; and (ii) provides assistance in an annual amount that is equal to the aggregate amount provided during the last 12-month period under the section 8 or other rental housing assistance contract for the project canceled (pursuant to paragraph (1) of this subsection), less the portion of such assistance that is attributable to debt service for the loan on the project canceled under subsection (b) of this section, subject to an annual adjustment of existing rents under the contract by an operating cost adjustment factor established by the Secretary (which shall not result in a negative adjustment). (B) Credit against loan cancellation.--Amounts remaining after compliance with subparagraph (A) shall, on a fiscal year basis, be transferred to the account covering the loan for the project canceled pursuant to subsection (b) and shall be credited as offsetting collection to such account, in an amount for each fiscal year that is equal to the amount of indebtedness canceled for such year pursuant such subsection. (C) Retrofitting, renovation, and service coordinators.-- Any amounts remaining after compliance with subparagraphs (A) and (B) may be used, to the extent the Secretary considers appropriate, to retrofit or renovate the project or provide a service coordinator for residents of the project, to the same extent that such activities are authorized to be provided under section 802 of the Cranston-Gonzalez National Affordable Housing Act to housing assisted under such section. Any such unexpended amounts in excess of the amount used in accordance with subparagraphs (A) through (C) shall be recaptured by the Secretary. (3) Use of project funds.--In converting the financing of any housing project pursuant to this section, the Secretary may authorize the owner of the project to use any residual receipts held for the project that exceed $500 per unit (or such other amount as the Secretary may prescribe based on the needs of the project) in accordance with paragraph (2) to improve the market viability, affordability, or service to low-income elderly residents of the project. (d) Third Party Processing.--The Secretary may enter into contracts with public or private entities as the Secretary considers appropriate to facilitate efficient processing of elderly housing project conversions under this section. (e) Tenant Protections.--Notwithstanding any provision of section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q)-- (1) any tenant who, at the time of the conversion under this section of the financing for a housing project, is lawfully residing in a dwelling unit in the project, may not be considered to be ineligible for continued residency in the project after such date because such tenant is not a very low-income elderly person; and (2) very low-income persons with disabilities (as such term is defined in section 811 of the Cranston-Gonzalez National Affordable Housing Act) shall be eligible for occupancy [[Page H8790]] in such project, and units in the project shall be reserved for occupancy by such persons in not less than the same ratio that units in such project are occupied, upon the date of conversion under this section, by handicapped families (as such term is defined in section 202 of the Housing Act of 1959, as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act). (f) Waiver Authority.--The Secretary may waive the applicability of any provision of law or regulation necessary to carry out this section. (g) Study of Debt Forgiveness.-- (1) In general.--The Secretary shall conduct an analysis of the net impact on the Federal budget deficit or surplus of making available, on a one-time basis, to sponsors of projects assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act), forgiveness of any indebtedness to the Secretary relating to any remaining principal and interest under loans made under such section, together with a dollar for dollar reduction in the amount of rental assistance under section 8 of the United States Housing Act of 1937 or other rental assistance provided for such project. Such analysis shall take into consideration the full cost of future appropriations for rental assistance under such section 8 expected to be provided if such debt forgiveness does not take place, notwithstanding current budgetary treatment of such actions pursuant to the Congressional Budget Act of 1974. (2) Report.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the quantitative results of the analysis and an enumeration of any project or administrative benefits of such actions. SEC. 102. PREPAYMENT AND REFINANCING. (a) Approval of Prepayment of Debt.--Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which-- (1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any rental assistance payments contract under section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) relating to the project; and (2) the prepayment may involve refinancing of the loan if such refinancing results in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan. (b) Sources of Refinancing.--In the case of prepayment under this section involving refinancing, the project sponsor may refinance the project through any third party source, including financing by State and local housing finance agencies, use of tax-exempt bonds, multi-family mortgage insurance under the National Housing Act, reinsurance, or other credit enhancements, including risk sharing as provided under section 542 of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note). For purposes of underwriting a loan insured under the National Housing Act, the Secretary may assume that any section 8 rental assistance contract relating to a project will be renewed for the term of such loan. (c) Use of Unexpended Amounts.--Upon execution of the refinancing for a project pursuant to this section, the Secretary shall make available at least 50 percent of the annual savings resulting from reduced section 8 or other rental housing assistance contracts in a manner that is advantageous to the tenants, including-- (1) not more than 15 percent of the cost of increasing the availability or provision of supportive services, which may include the financing of service coordinators and congregate services; (2) rehabilitation, modernization, or retrofitting of structures, common areas, or individual dwelling units; (3) construction of an addition or other facility in the project, including assisted living facilities (or, upon the approval of the Secretary, facilities located in the community where the project sponsor refinances a project under this section, or pools shared resources from more than one such project); or (4) rent reduction of unassisted tenants residing in the project according to a pro rata allocation of shared savings resulting from the refinancing. (d) Use of Certain Project Funds.--The Secretary shall allow a project sponsor that is prepaying and refinancing a project under this section-- (1) to use any residual receipts held for that project in excess of $500 per individual dwelling unit for not more than 15 percent of the cost of activities designed to increase the availability or provision of supportive services; and (2) to use any reserves for replacement in excess of $1,000 per individual dwelling unit for activities described in paragraphs (2) and (3) of subsection (c). (e) Budget Act Compliance.--This section shall be effective only to extent or in such amounts that are provided in advance in appropriation Acts. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES SEC. 201. SUPPORTIVE HOUSING FOR ELDERLY PERSONS. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended by adding at the end the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $700,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (c)(4) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 202. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Authorization of Appropriations.--There is authorized to be appropriated for providing assistance under this section $225,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in appropriation Acts for assistance under this section in each such fiscal year, 5 percent shall be available only for providing assistance in accordance with the requirements under subsection (d)(5) (relating to matching funds), except that if there insufficient eligible applicants for such assistance, any amount remaining shall be used for assistance under this section.''. SEC. 203. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND DISABLED HOUSING. (a) Authorization of Appropriations for Federally Assisted Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $50,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 and 2002, for the following purposes: (1) Grants for service coordinators for certain federally assisted multifamily housing.--For grants under section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) for providing service coordinators. (2) Congregate services for federally assisted housing.-- For contracts under section 802 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8011) to provide congregate services programs for eligible residents of eligible housing projects under subparagraphs (B) through (D) of subsection (k)(6) of such section. (b) Public Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development for fiscal year 2000 for grants for use only for activities described in paragraph (2) of section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(b)(2))-- (1) such sums as may be necessary for renewal of all grants made in prior fiscal years for providing service coordinators and congregate services for the elderly and disabled in public housing; and (B) $11,000,000 for grants in addition to such renewal grants. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly SEC. 301. MATCHING GRANT PROGRAM. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), in the second sentence, by inserting ``or through matching grants under subsection (c)(4)'' after ``subsection (c)(1)''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of [[Page H8791]] more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by elderly persons who are not very low-income persons in a number such that the ratio that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non- Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 302. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C. 1701q(k)(4)) is amended by adding after and below subparagraph (C) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), and (C) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), and (C).''. SEC. 303. MIXED FUNDING SOURCES. Section 202(h)(6) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(6)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 304. AUTHORITY TO ACQUIRE STRUCTURES. Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (b), by striking ``from the Resolution Trust Corporation''; and (2) in subsection (h)(2)-- (A) in the heading for subparagraph (A), by striking ``RTC properties'' and inserting ``Acquisition''; and (B) by striking ``from the Resolution'' and all that follows through ``Insurance Act''. SEC. 305. MIXED-INCOME OCCUPANCY. (a) In General.--The first sentence of section 202(i)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(i)(1)) is amended by striking ``and (B)'' and inserting the following: ``(B) notwithstanding clause (A) and in the case only of a supportive housing project for the elderly which has a high vacancy level (as such term is defined by the Secretary, but which shall not include vacancy upon the initial availability of units in a building), consistent with the purpose of improving housing opportunities for very low- and low-income elderly persons; and (C).''. (b) Availability of Units.--Section 202(i) of the Housing Act of 1959 (12 U.S.C. 1701q(i)) is amended by adding at the end the following new paragraph: ``(3) Availability of units.--In the case of a supportive housing project described in subsection (i)(1)(B) that has a vacant dwelling unit, an owner may not make a dwelling unit available for occupancy by, nor make any commitment to provide occupancy in the unit to, a low-income family that is not a very low-income family unless each eligible very low- income family that has applied for occupancy in the project has been offered an opportunity to accept occupancy in a unit in the project.''. (b) Conforming Amendments.--Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting after ``elderly persons'' the following: ``, and for low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; (B) in the first sentence of paragraph (2), by inserting after ``elderly persons'' the following: ``or by low-income elderly persons (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; and (C) in paragraph (3), by inserting after ``very low-income person'' the following: ``or a low-income person (to the extent such occupancy is made available pursuant to subsection (i)(1)(B))''; (2) in subsection (d)(1), by inserting after ``elderly persons'' the following: ``, and low-income elderly persons to the extent such occupancy is made available pursuant to subsection (i)(1)(B),''; and (3) in subsection (k)-- (A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Low-income.--The term `low-income' has the same meaning given the term `low-income families' under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).''. SEC. 306. USE OF PROJECT RESERVES. Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end the following new paragraph: ``(8) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 307. COMMERCIAL ACTIVITIES. Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located.''. SEC. 308. MIXED FINANCE PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to determine the effectiveness and feasibility of providing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that are used both for supportive housing for the elderly and for other types of housing, which may include market rate housing. (b) Scope.--Under the pilot program the Secretary shall provide, to the extent that sufficient approvable applications for such assistance are received, assistance in the manner provided under subsection (d) for not more than 5 housing projects. (c) Mixed Use.--The Secretary shall require, for a project to be assisted under the pilot program-- (1) that a portion of the dwelling units in the project be reserved for use in accordance with, and subject to, the requirements applicable to units assisted under section 202 of the Housing Act of 1959; and (2) that the remainder of the dwelling units be used for other purposes. (d) Financing.--The Secretary may use amounts provided for assistance under section 202 of the Housing Act of 1959 for assistance under the pilot program for capital advances in accordance with subsection (d)(1) of such section and project rental assistance in accordance with subsection (d)(2) of such section, only for dwelling units described in subsection (c)(1) of this section. Any assistance provided pursuant to subsection (d)(1) of such section 202 shall be provided in the form of a capital advance, subject to repayment as provided in such subsection, and shall not be structured as a loan. The Secretary shall take such action as may be necessary to ensure that the repayment contingency under such subsection is enforceable for projects assisted under the pilot program and to provide for appropriate protections of the interests of the Secretary in relation to other interests in the projects so assisted. (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this section, the Secretary may waive the applicability of any provision of section 202 of the Housing Act of 1959 for any project assisted under the pilot program under this section as may be appropriate to carry out the program, except to the extent inconsistent with this section. SEC. 309. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. Title II of the Housing Act of 1959 is amended by inserting after section 202a (12 U.S.C. 1701q-1) the following new section: ``SEC. 202B. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary of Housing and Urban Development may make grants in accordance with this section to owners of eligible projects described in subsection (b) for one or both of the following activities: ``(1) Repairs.--Substantial capital repairs to a project that are needed to rehabilitate, modernize, or retrofit aging structures, common areas, or individual dwelling units. ``(2) Conversion.--Activities designed to convert dwelling units in the eligible project to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a multifamily housing project that is-- ``(1) described in subparagraph (B), (C), (D), (E), (F), or (G) of section 683(2) of the Housing and Community Development Act of 1992 (42 U.S.C. 13641(2)), or (B) only to the extent amounts of the Department of Agriculture are made available to the Secretary of Housing and Urban Development for such grants under this section for such projects, subject to a loan made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(2) owned by a private nonprofit organization (as such term is defined in section 202); and ``(3) designated primarily for occupancy by elderly persons. Notwithstanding any other provision of this subsection or this section, an unused or underutilized commercial property may be considered an eligible project under this subsection, except that the Secretary may not provide grants under this section for more 3 such properties. For any such projects, any reference under this section to dwelling units shall be considered to refer to the premises of such properties. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the substantial capital repairs or the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested to complete the substantial capital repairs or conversion activities; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and [[Page H8792]] ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section for conversion activities unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility, which may be provided by third parties. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) in the case of a grant for substantial capital repairs, the extent to which the project to be repaired is in need of such repair, including such factors as the age of improvements to be repaired, and the impact on the health and safety of residents of failure to make such repairs; ``(2) in the case of a grant for conversion activities, the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve, with a special emphasis on very low-income elderly persons who need assistance with activities of daily living; ``(3) the inability of the applicant to fund the repairs or conversion activities from existing financial resources, as evidenced by the applicant's financial records, including assets in the applicant's residual receipts account and reserves for replacement account; ``(4) the extent to which the applicant has evidenced community support for the repairs or conversion, by such indicators as letters of support from the local community for the repairs or conversion and financial contributions from public and private sources; ``(5) in the case of a grant for conversion activities, the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(6) in the case of a grant for conversion activities, the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(7) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definitions.--For the purposes of this section-- ``(1) the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)); and ``(2) the definitions in section 202(k) shall apply. ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 310. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED LIVING FACILITIES. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary may make grants in accordance with this section to public housing agencies for use for activities designed to convert dwelling units in an eligible projects described in subsection (b) to assisted living facilities for elderly persons. ``(b) Eligible Projects.--An eligible project described in this subsection is a public housing project (or a portion thereof) that has been designated under section 7 for occupancy only by elderly persons. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility. ``(e) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve; ``(2) the inability of the public housing agency to fund the conversion activities from existing financial resources, as evidenced by the agency's financial records; ``(3) the extent to which the agency has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(4) extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; ``(5) the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(6) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(f) Definition.--For the purposes of this section, the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)). ``(g) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 311. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING FACILITIES. (a) Voucher Assistance.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following new paragraph: ``(18) Rental assistance for assisted living facilities.-- ``(A) In general.--A public housing agency may make assistance payments on behalf of a family that uses an assisted living facility as a principal place of residence and that uses such supportive services made available in the facility as the agency may require. Such payments may be made only for covering costs of rental of the dwelling unit in the assisted living facility and not for covering any portion of the cost of residing in such facility that is attributable to service relating to assisted living. ``(B) Rent calculation.-- ``(i) Charges included.--For assistance pursuant to this paragraph, the rent of the dwelling unit that is a assisted living facility with respect to which assistance payments are made shall include maintenance and management charges related to the dwelling unit and tenant-paid utilities. Such rent shall not include any charges attributable to services relating to assisted living. ``(ii) Payment standard.--In determining the monthly assistance that may be paid under this paragraph on behalf of any family residing in an assisted living facility, the public housing agency shall utilize the payment standard established under paragraph (1), for the market area in which the assisted living facility is located, for the applicable size dwelling unit. ``(iii) Monthly assistance payment.--The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2) (using the rent and payment standard for the dwelling unit as determined in accordance with this subsection). ``(C) Definition.--For the purposes of this paragraph, the term `assisted living facility' has the meaning given that term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)), except that such a facility may be contained within a portion of a larger multifamily housing project.''. (b) Project-Based Assistance.--Section 202b of the Housing Act of 1959, as added by section 2 of this Act, is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Section 8 Project-Based Assistance.-- ``(1) Eligibility.--Notwithstanding any other provision of law, a multifamily project which includes one or more dwelling units that have been converted to assisted living facilities using grants made under this section shall be eligible for project-based assistance under section 8 of the United States Housing Act of 1937, in the same manner in which the project would be eligible for such assistance but for the assisted living facilities in the project. ``(2) Calculation of rent.--For assistance pursuant to this subsection, the maximum monthly rent of a dwelling unit that is an assisted living facility with respect to which assistance payments are made shall not include charges attributable to services relating to assisted living.''. SEC. 312. ANNUAL HUD INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. Subtitle D of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13611 et seq.) is amended by adding at the end the following new section: ``SEC. 662. ANNUAL INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY PERSONS. ``(a) In General.--The Secretary shall establish and maintain, and on an annual basis shall update and publish, an inventory of housing that-- ``(1) is assisted under a program of the Department of Housing and Urban Development, including all federally assisted housing; and ``(2) is designated, in whole or in part, for occupancy by elderly families or disabled families, or both. [[Page H8793]] ``(b) Contents.--The inventory required under this section shall identify housing described in subsection (a) and the number of dwelling units in such housing that-- ``(1) are in projects designated for occupancy only by elderly families; ``(2) are in projects designated for occupancy only by disabled families; ``(3) contain special features or modifications designed to accommodate persons with disabilities and are in projects designated for occupancy only by disabled families; ``(4) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by elderly families; ``(5) are in projects for which a specific percentage or number of the dwelling units are designated for occupancy only by disabled families; and ``(6) are in projects designed for occupancy only by both elderly or disabled families. ``(c) Publication.--The Secretary shall annually publish the inventory required under this section in the Federal Register and shall make the inventory available to the public by posting on a World Wide Web site of the Department.''. SEC. 313. TREATMENT OF APPLICATIONS. (a) In General.--Notwithstanding any other provision of law or any regulation of the Secretary of Housing and Urban Development, in the case of any denial of an application for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for failure to timely provide information required by the Secretary, the Secretary shall notify the applicant of the failure and provide the applicant an opportunity to show that the failure was due to the failure of a third party to provide information under the control of the third party. If the applicant demonstrates, within a reasonable period of time after notification of such failure, that the applicant did not have such information but requested the timely provision of such information by the third party, the Secretary may not deny the application on the grounds of failure to timely provide such information. (b) Applicability.--This section shall have no force or effect after the expiration of the 12-month period beginning on the date of the enactment of this Act. Subtitle B--Housing for Persons With Disabilities SEC. 321. MATCHING GRANT PROGRAM. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (b)(2)(A), by inserting ``or through matching grants under subsection (d)(5)'' after ``subsection (d)(1)''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(5) Matching grants.-- ``(A) In general.--Amounts made available for assistance under this paragraph shall be used only for capital advances in accordance with paragraph (1), except that the Secretary shall require that, as a condition of providing assistance under this paragraph for a project, the applicant for assistance shall supplement the assistance with amounts from sources other than this section in an amount that is not less than 25 to 50 percent (as the Secretary may determine) of the amount of assistance provided pursuant to this paragraph for the project. ``(B) Requirement for non-federal funds.--Not less than 50 percent of supplemental amounts provided for a project pursuant to subparagraph (A) shall be from non-Federal sources. Such supplemental amounts may include the value of any in-kind contributions, including donated land, structures, equipment, and other contributions as the Secretary considers appropriate, but only if the existence of such in-kind contributions results in the construction of more dwelling units than would have been constructed absent such contributions. ``(C) Income eligibility.--Notwithstanding any other provision of this section, the Secretary shall provide that, in a project assisted under this paragraph, a number of dwelling units may be made available for occupancy by persons with disabilities who are not very low-income persons in a number such that the ration that the number of dwelling units in the project so occupied bears to the total number of units in the project does not exceed the ratio that the amount from non-Federal sources provided for the project pursuant to this paragraph bears to the sum of the capital advances provided for the project under this paragraph and all supplemental amounts for the project provided pursuant to this paragraph.''. SEC. 322. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS. Section 811(k)(6) of the Housing Act of 1959 (42 U.S.C. 8013(k)(6)) is amended by adding after and below subparagraph (D) the following new sentence: ``Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), (C), and (D) and a corporation wholly owned by an organization meeting the requirements under subparagraphs (A), (B), (C), and (D).''. SEC. 323. MIXED FUNDING SOURCES. Section 811(h)(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(5)) is amended by striking ``non-Federal sources'' and inserting ``sources other than this section''. SEC. 324. TENANT-BASED ASSISTANCE. Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (d), by striking paragraph (4) and inserting the following new paragraph: ``(4) Tenant-based rental assistance.-- ``(A) Administering entities.--Tenant-based rental assistance provided under subsection (b)(1) may be provided only through a public housing agency that has submitted and had approved an plan under section 7(d) of the United States Housing Act of 1937 (42 U.S.C. 1437e(d)) that provides for such assistance, or through a private nonprofit organization. A public housing agency shall be eligible to apply under this section only for the purposes of providing such tenant-based rental assistance. ``(B) Program rules.--Tenant-based rental assistance under subsection (b)(1) shall be made available to eligible persons with disabilities and administered under the same rules that govern tenant-based rental assistance made available under section 8 of the United States Housing Act of 1937, except that the Secretary may waive or modify such rules, but only to the extent necessary to provide for administering such assistance under subsection (b)(1) through private nonprofit organizations rather than through public housing agencies. ``(C) Allocation of assistance.--In determining the amount of assistance provided under subsection (b)(1) for a private nonprofit organization or public housing agency, the Secretary shall consider the needs and capabilities of the organization or agency, in the case of a public housing agency, as described in the plan for the agency under section 7 of the United States Housing Act of 1937.''; and (2) in subsection (l)(1)-- (A) by striking ``subsection (b)'' and inserting ``subsection (b)(2)''; (B) by striking the last comma and all that follows through ``subsection (n)''; and (C) by inserting after the last period the following new sentence: ``Notwithstanding any other provision of this section, the Secretary may use not more than 25 percent of the total amounts made available for assistance under this section for any fiscal year for tenant-based rental assistance under subsection (b)(1) for persons with disabilities, and no authority of the Secretary to waive provisions of this section may be used to alter the percentage limitation under this sentence.''. SEC. 325. PROJECT SIZE. (a) Limitation.--Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) is amended-- (1) in subsection (k)(4), by inserting ``, subject to the limitation under subsection (h)(6)'' after ``prescribe''; and (2) in subsection (l), by adding at the end the following new paragraph: ``(4) Size limitation.--Of any amounts made available for any fiscal year and used for capital advances or project rental assistance under paragraphs (1) and (2) of subsection (d), not more than 25 percent may be used for supportive housing which contains more than 24 separate dwelling units.''. (b) Study.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall conduct a study and submit a report to the Congress regarding-- (1) the extent to which the authority of the Secretary under section 811(k)(4) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(4)), as in effect immediately before the enactment of this Act, has been used in each year since 1990 to provide for assistance under such section for supportive housing for persons with disabilities having more than 24 separate dwelling units; (2) the per-unit costs of, and the benefits and problems associated with, providing such housing in projects having 8 or less dwelling units, 8 to 24 units, and more than 24 units; and (3) the per-unit costs of, and the benefits and problems associated with providing housing under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30 to 50 dwelling units, in projects having more than 50 but not more than 80 dwelling units, in projects having more than 80 but not more than 120 dwelling units, and in projects having more than 120 dwelling units, but the study shall also examine the social considerations afforded by smaller and moderate-size developments and shall not be limited to economic factors. SEC. 326. USE OF PROJECT RESERVES. Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)) is amended by adding at the end the following new paragraph: ``(7) Use of project reserves.--Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.''. SEC. 327. COMMERCIAL ACTIVITIES. Section 811(h)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(h)(1)) is amended by adding at the end the following new sentence: ``Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities [[Page H8794]] for the benefit of residents of the project and the community in which the project is located.''. Subtitle C--Other Provisions SEC. 341. SERVICE COORDINATORS. (a) Increased Flexibility for Use of Service Coordinators in Certain Federally Assisted Housing.--Section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) is amended-- (1) in the section heading, by striking ``MULTIFAMILY HOUSING ASSISTED UNDER THE NATIONAL HOUSING ACT'' and inserting ``CERTAIN FEDERALLY ASSISTED HOUSING''; (2) in subsection (a)-- (A) in the first sentence, by striking ``(E) and (F)'' and inserting ``(B), (C), (D), (E), (F), and (G)''; and (B) in the last sentence-- (i) by striking ``section 661'' and inserting ``section 671''; and (ii) by adding after the period at the end the following new sentence: ``A service coordinator funded with a grant under this section for a project may provide services to low- income elderly or disabled families living in the vicinity of such project.''; (3) in subsection (d)-- (A) by striking ``(E) or (F)'' and inserting ``(B), (C), (D), (E), (F), or (G)''; and (B) by striking ``section 661'' and inserting ``section 671''; and (4) by striking subsection (c) and redesignating subsection (d) (as amended by paragraph (3) of this subsection) as subsection (c). (b) Requirement To Provide Service Coordinators.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631) is amended-- (1) in the first sentence of subsection (a), by striking ``to carry out this subtitle pursuant to the amendments made by this subtitle'' and inserting the following: ``for providing service coordinators under this section''; (2) in subsection (d), by inserting ``)'' after ``section 683(2)''; and (3) by adding at the end following new subsection: ``(e) Services for Low-Income Elderly or Disabled Families Residing in Vicinity of Certain Projects.--To the extent only that this section applies to service coordinators for covered federally assisted housing described in subparagraphs (B), (C), (D), (E), (F), and (G) of section 683(2), any reference in this section to elderly or disabled residents of a project shall be construed to include low-income elderly or disabled families living in the vicinity of such project.''. (c) Protection Against Telemarketing Fraud.-- (1) Supportive housing for the elderly.--The first sentence of section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) is amended by striking ``and (F)'' and inserting the following: ``(F) providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under section 671(f) of the Housing and Community Development Act of 1992 (42 U.S.C. 13631(f)); and (G)''. (2) Other federally assisted housing.--Section 671 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631), as amended by subsection (b) of this section, is further amended-- (A) in the first sentence of subsection (c), by inserting after ``response,'' the following: ``providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under subsection (f),''; and (B) by adding at the end the following new subsection: ``(f) Protection Against Telemarketing Fraud.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Health and Human Services, shall establish standards for service coordinators in federally assisted housing who are providing education and outreach to elderly persons residing in such housing regarding telemarketing fraud. The standards shall be designed to ensure that such education and outreach informs such elde