[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2736 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2736

To amend section 202 of the Housing Act of 1959 to improve the program 
  under such section for supportive housing for the elderly, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2008

 Mr. Kohl (for himself and Mr. Schumer) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To amend section 202 of the Housing Act of 1959 to improve the program 
  under such section for supportive housing for the elderly, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Section 202 
Supportive Housing for the Elderly Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                   TITLE I--NEW CONSTRUCTION REFORMS

Sec. 101. Project rental assistance.
Sec. 102. Selection criteria.
Sec. 103. Development cost limitations.
Sec. 104. Owner deposits.
Sec. 105. Definition of private nonprofit organization.
Sec. 106. Preferences for homeless elderly.
                         TITLE II--REFINANCING

Sec. 201. Approval of prepayment of debt.
Sec. 202. Sources of refinancing.
Sec. 203. Use of unexpended amounts.
Sec. 204. Use of project residual receipts.
Sec. 205. Additional provisions.
                 TITLE III--ASSISTED LIVING FACILITIES

Sec. 301. Definition of assisted living facility.
Sec. 302. Monthly assistance payment under rental assistance.
  TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION TRANSACTIONS

Sec. 401. Use of sale or refinancing proceeds.
             TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE

Sec. 501. National senior housing clearinghouse.

                   TITLE I--NEW CONSTRUCTION REFORMS

SEC. 101. PROJECT RENTAL ASSISTANCE.

    Paragraph (2) of section 202(c) of the Housing Act of 1959 (12 
U.S.C. 1701q(c)(2)) is amended--
            (1) by inserting after ``assistance.--'' the following: 
        ``(A) Initial project rental assistance contract.--'';
            (2) in the last sentence, by striking ``may'' and inserting 
        ``shall''; and
            (3) by adding at the end the following new subparagraph:
            ``(B) Renewal of and increases in contract amounts.--
                    ``(i) Expiration of contract term.--Upon the 
                expiration of each contract term, the Secretary shall 
                adjust the annual contract amount to provide for 
                reasonable project costs, and any increases, including 
                adequate reserves, supportive services, and service 
                coordinators, except that any contract amounts not used 
                by a project during a contract term shall not be 
                available for such adjustments upon renewal.
                    ``(ii) Emergency situations.--In the event of 
                emergency situations that are outside the control of 
                the owner, the Secretary shall increase the annual 
                contract amount, subject to reasonable review and 
                limitations as the Secretary shall provide.''.

SEC. 102. SELECTION CRITERIA.

    Subsection (f) of section 202 of the Housing Act of 1959 (12 U.S.C. 
1701q(f)) is amended--
            (1) by striking ``Selection Criteria.--'' and inserting 
        ``Initial Selection Criteria and Processing.--(1) Selection 
        criteria.--'';
            (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), and (7) as subparagraphs (A), (B), (C), (D), (E), (G), and 
        (H), respectively;
            (3) by inserting after subparagraph (E) (as so redesignated 
        by paragraph (2) of this subsection) the following new 
        subparagraph:
            ``(F) the extent to which the applicant has ensured that a 
        service coordinator will be employed or otherwise retained for 
        the housing, who has the managerial capacity and responsibility 
        for carrying out the actions described in subparagraphs (A) and 
        (B) of subsection (g)(2);''; and
            (4) by adding at the end the following new paragraph:
    ``(2) Delegated Processing.--
            ``(A) In issuing a capital advance under this subsection 
        for any project for which financing for the purposes described 
        in the last two sentences of subsection (b) is provided by a 
        combination of a capital advance under subsection (c)(1) and 
        sources other than this section, within 30 days of award of the 
        capital advance, the Secretary shall delegate review and 
        processing of such projects to a State or local housing agency 
        that--
                    ``(i) is in geographic proximity to the property;
                    ``(ii) has demonstrated experience in and capacity 
                for underwriting multifamily housing loans that provide 
                housing and supportive services;
                    ``(iii) may or may not be providing low-income 
                housing tax credits in combination with the capital 
                advance under this section; and
                    ``(iv) agrees to issue a firm commitment within 12 
                months of delegation.
            ``(B) The Secretary shall retain the authority to process 
        capital advances in cases in which no State or local housing 
        agency has applied to provide delegated processing pursuant to 
        this paragraph or no such agency has entered into an agreement 
        with the Secretary to serve as a delegated processing agency. 
        The Secretary shall develop a schedule for reasonable fees 
        under this subparagraph to be paid to delegated processing 
        agencies, which shall take into consideration any other fees to 
        be paid to the agency for other funding provided to the project 
        by the agency, including bonds, tax credits, and other gap 
        funding.
            ``(C) An agency to which review and processing is delegated 
        pursuant to subparagraph (A) may assess a reasonable fee which 
        shall be included in the capital advance amounts and may 
        recommend project rental assistance amounts in excess of those 
        initially awarded by the Secretary.
            ``(D) Under such delegated system, the Secretary shall 
        retain the authority to approve rents and development costs and 
        to execute a capital advance within 60 days of receipt of the 
        commitment from the State or local agency. The Secretary shall 
        provide to such agency and the project sponsor, in writing, the 
        reasons for any reduction in capital advance amounts or project 
        rental assistance and such reductions shall be subject to 
        appeal.''.

SEC. 103. DEVELOPMENT COST LIMITATIONS.

    Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 
1701q(h)(1)) is amended, in the matter preceding subparagraph (A), by 
inserting ``reasonable'' before ``development cost limitations''.

SEC. 104. OWNER DEPOSITS.

    Section 202(j)(3)(A) of the Housing Act of 1959 (12 U.S.C. 
1701q(j)(3)(A)) is amended by inserting after the period at the end the 
following: ``Such amount shall be used only to cover operating deficits 
during the first 3 years of operations and shall not be used to cover 
construction shortfalls or inadequate initial project rental assistance 
amounts.''.

SEC. 105. DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.

    Subparagraph (B) of section 202(k)(4) of the Housing Act of 1959 
(12 U.S.C. 1701q(k)(4)(B)) is amended by inserting before the semicolon 
the following: ``, except that, in the case of any national 
organization that is the owner of multiple housing projects assisted 
under this section, the organization may comply with clause (i) of this 
subparagraph by having a local advisory board to the governing board of 
the organization the membership which is selected in the manner 
required under clause (i)''.

SEC. 106. PREFERENCES FOR HOMELESS ELDERLY.

    Subsection (j) of section 202 of the Housing Act of 1959 (12 U.S.C. 
1701q(j)) is amended by adding at the end the following new paragraph:
            ``(9) Preferences for homeless elderly.--The Secretary 
        shall permit an owner of housing assisted under this section to 
        establish for, and apply to, such housing a preference in 
        tenant selection for the homeless elderly, either within the 
        application or after selection pursuant to subsection (f), but 
        only if--
                    ``(A) such preference is consistent with paragraph 
                (2); and
                    ``(B) the owner demonstrates that the supportive 
                services identified pursuant to subsection (e)(4), or 
                additional supportive services to be made available 
                upon implementation of the preference, will meet the 
                needs of the homeless elderly, maintain safety and 
                security for all tenants, and be provided on a 
                consistent, long-term, and economical basis.''.

                         TITLE II--REFINANCING

SEC. 201. APPROVAL OF PREPAYMENT OF DEBT.

    Subsection (a) of section 811 of the American Homeownership and 
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        for which the Secretary's consent to prepayment is required,'' 
        after ``Affordable Housing Act)'';
            (2) in paragraph (1)--
                    (A) by inserting ``at least 20 years following'' 
                before ``the maturity date'';
                    (B) by inserting ``project-based'' before ``rental 
                assistance payments contract'';
                    (C) by inserting ``project-based'' before ``rental 
                housing assistance programs''; and
                    (D) by inserting ``, or any successor project-based 
                rental assistance program,'' after ``1701s))'';
            (3) by amending paragraph (2) to read as follows:
            ``(2) the prepayment may involve refinancing of the loan if 
        such refinancing results in--
                    ``(A) a lower interest rate on the principal of the 
                loan for the project and in reductions in debt service 
                related to such loan; or
                    ``(B) a transaction in which the project owner will 
                address the physical needs of the project, but only if, 
                as a result of the refinancing--
                            ``(i) the rent charges for unassisted 
                        families residing in the project do not 
                        increase or such families are provided rental 
                        assistance under a senior preservation rental 
                        assistance contract for the project pursuant to 
                        subsection (e); and
                            ``(ii) the overall cost for providing 
                        rental assistance under section 8 for the 
                        project (if any) is not increased, except, upon 
                        approval by the Secretary to--
                                    ``(I) mark-up-to-market contracts 
                                pursuant to section 524(a)(3) of the 
                                Multifamily Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 1437f 
                                note), as such section is carried out 
                                by the Secretary for properties owned 
                                by nonprofit organizations; or
                                    ``(II) mark-up-to-budget contracts 
                                pursuant to section 524(a)(4) of the 
                                Multifamily Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 1437f 
                                note), as such section is carried out 
                                by the Secretary for properties owned 
                                by eligible owners (as such term is 
                                defined in section 202(k) of the 
                                Housing Act of 1959 (12U.S.C. 
                                1701q(k)); and''; and
            (4) by adding at the end the following:
            ``(3) notwithstanding paragraph (2)(A), the prepayment and 
        refinancing authorized pursuant to paragraph (2)(B) involves an 
        increase in debt service only in the case of a refinancing of a 
        project assisted with a loan under such section 202 carrying an 
        interest rate of 6 percent or lower.''.

SEC. 202. SOURCES OF REFINANCING.

    The last sentence of section 811(b) of the American Homeownership 
and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is 
amended--
            (1) by inserting after ``National Housing Act,'' the 
        following: ``or approving the standards used by authorized 
        lenders to underwrite a loan refinanced with risk sharing as 
        provided by section 542 of the Housing and Community 
        Development Act of 1992 (12 U.S.C.1701 note),''; and
            (2) by striking ``may'' and inserting ``shall''.

SEC. 203. USE OF UNEXPENDED AMOUNTS.

    Subsection (c) of section 811 of the American Homeownership and 
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended--
            (1) by striking ``Use of Unexpended Amounts.--'' and 
        inserting ``Use of proceeds.--'';
            (2) by amending the matter preceding paragraph (1) to read 
        as follows: ``Upon execution of the refinancing for a project 
        pursuant to this section, the Secretary shall ensure that 
        proceeds are used in a manner advantageous to tenants, or are 
        used in the provision of affordable rental housing and related 
        social services for elderly persons by the private nonprofit 
        organization project owner, private nonprofit organization 
        project sponsor, or private nonprofit organization project 
        developer, including--'';
            (3) in paragraph (1), by striking ``not more than 15 
        percent of'';
            (4) in paragraph (2), by inserting before the semicolon the 
        following; ``, including reducing the number of units by 
        reconfiguring units that are functionally obsolete, 
        unmarketable, or not economically viable'';
            (5) in paragraph (3), by striking ``or'' at the end;
            (6) in paragraph (4), by striking ``according to a pro rata 
        allocation of shared savings resulting from the refinancing.'' 
        and inserting a semicolon; and
            (7) by adding at the end the following new paragraphs:
            ``(5) rehabilitation of the project to ensure long-term 
        viability;
            ``(6) the payment to the project owner, sponsor, or third 
        party developer of a developer's fee in an amount not to 
        exceed--
                    ``(A) in the case of a project refinanced through a 
                State low income housing tax credit program, the fee 
                permitted by the low income housing tax credit program 
                as calculated by the State program as a percentage of 
                acceptable development cost as defined by that State 
                program; or
                    ``(B) in the case of a project refinanced through 
                any other source of refinancing, 15 percent of the 
                acceptable development cost; and
            ``(7) the payment of equity, if any, to--
                    ``(A) in the case of a sale, to the seller or the 
                sponsor of the seller, in an amount equal to the lesser 
                of the purchase price or the appraised value of the 
                project, as each is reduced by the cost of prepaying 
                any outstanding indebtedness on the project and 
                transaction costs of the sale; or
                    ``(B) in the case of a refinancing without the 
                transfer of the project, to the project owner or the 
                project sponsor, in an amount equal to the difference 
                between the appraised value of the project less the 
                outstanding indebtedness and total acceptable 
                development cost.
For purposes of paragraphs (6)(B) and (7)(B), the term ``acceptable 
development cost'' shall include, as applicable, the cost of 
acquisition, rehabilitation, loan prepayment, initial reserve deposits, 
and transaction costs.''.

SEC. 204. USE OF PROJECT RESIDUAL RECEIPTS.

    Paragraph (1) of section 811(d) of the American Homeownership and 
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended--
            (1) by striking ``not more than 15 percent of''; and
            (2) by inserting before the period at the end the 
        following: ``or other purposes approved by the Secretary''.

SEC. 205. ADDITIONAL PROVISIONS.

    Section 811 of the American Homeownership and Economic Opportunity 
Act of 2000 (12 U.S.C. 1701q note) is amended by adding at the end the 
following new subsections:
    ``(e) Senior Preservation Rental Assistance Contracts.--
Notwithstanding any other provision of law, in connection with a 
prepayment plan for a project approved under subsection (a) by the 
Secretary or as otherwise approved by the Secretary to prevent 
displacement of elderly residents of the project in the case of 
refinancing or recapitalization and to further preservation and 
affordability of such project, the Secretary shall provide project-
based rental assistance for the project under a senior preservation 
rental assistance contract, as follows:
            ``(1) Assistance under the contract shall be made available 
        to the private nonprofit organization owner--
                    ``(A) for a term of at least 20 years, subject to 
                annual appropriations; and
                    ``(B) under the same rules governing project-based 
                rental assistance made available under section 8 of the 
                Housing Act of 1937.
            ``(2) Any projects for which a senior preservation rental 
        assistance contract is provided shall be subject to a use 
        agreement to ensure continued project affordability having a 
        term of the longer of (A) the term of the senior preservation 
        rental assistance contract, or (B) such term as is required by 
        the new financing.
    ``(f) Mortgage Sale Demonstration.--
            ``(1) In general.--The Secretary may sell mortgages 
        associated with loans made under section 202 of the Housing Act 
        of 1959 (as in effect before the enactment of the Cranston-
        Gonzalez National Affordable Housing Act) in accordance with 
        the relevant terms for sales of subsidized loans on multifamily 
        housing projects under section 203 of the Housing and Community 
        Development Amendments of 1978 (12 U.S.C. 1701z-11). For the 
        purpose of demonstrating the efficiency, effectiveness, 
        quality, and timeliness of asset management and regulatory 
        oversight of certain portfolios of such mortgages by State 
        housing finance agencies, the Secretary shall carry out a 
        demonstration program, in not more than 5 States, to sell 
        portfolios of such mortgages to State housing finance agencies 
        for a price not to exceed the unpaid principal balances of such 
        mortgages and otherwise in accordance with the requirements of 
        such section 203.
            ``(2) Limitations.--In carrying out the demonstration 
        program required under paragraph (1), the Secretary shall--
                    ``(A) prohibit State housing finance agencies from 
                giving preference to, or conditioning the approval of, 
                awards of subordinate debt funds, allocations of tax 
                credits, or tax exempt bonds based on the use of 
                financing for the first mortgage that is provided by 
                such State housing finance agency;
                    ``(B) require such agencies to allow, in accordance 
                with this section, for the refinancing or prepayment of 
                loans made under section 202 of the Housing Act of 1959 
                with a loan selected by the owners, except that any use 
                restrictions on the property for which the loan was 
                made shall remain in effect for the duration provided 
                under the original terms of such loan; and
                    ``(C) only carry out the demonstration program in a 
                State that has experience with operating and 
                maintaining a housing preservation revolving loan fund.
            ``(3) Study.--The Secretary shall conduct a study to 
        evaluate the performance and results of the demonstration 
        program carried out under paragraph (1). In conducting such 
        study, the Secretary shall place particular emphasis on whether 
        the asset management functions and activities related to loans 
        and properties held in the portfolios sold to State housing 
        finance agencies under such demonstration program have been 
        accomplished in a timely, effective, and efficient manner, 
        including an analysis of approvals of refinancings and 
        preservation transactions, rent increase requests, withdrawals 
        from reserves or residual receipts (where there is no contract 
        administrator), and provider and resident satisfaction.
            ``(4) Report.--Not later than 3 years after the date of 
        enactment of this subsection, the Secretary shall submit a 
        report to the Committee on Banking, Housing, and Urban Affairs 
        of the Senate and the Committee on Financial Services of the 
        House of Representatives on--
                    ``(A) the findings of the study required under 
                paragraph (3); and
                    ``(B) any recommendations the Secretary may have 
                for expanding the demonstration project required under 
                paragraph (1).
    ``(g) Subordination or Assumption of Existing Debt.--In lieu of 
prepayment under this section of the indebtedness with respect to a 
project, the Secretary may approve--
            ``(1) in connection with new financing for the project, the 
        subordination of the loan for the project under section 202 of 
        the Housing Act of 1959 (as in effect before the enactment of 
        the Cranston-Gonzalez National Affordable Housing Act) and the 
        continued subordination of any other existing subordinate debt 
        previously approved by the Secretary to facilitate preservation 
        of the project as affordable housing; or
            ``(2) the assumption (which may include the subordination 
        described in paragraph (1)) of the loan for the project under 
        such section 202 in connection with the transfer of the project 
        with such a loan to a private nonprofit organization.
    ``(h) Flexible Subsidy Debt.--The Secretary shall waive the 
requirement that debt for a project pursuant to the flexible subsidy 
program under section 201 of the Housing and Community Development 
Amendments of 1978 (12 U.S.C. 1715z-1a) be prepaid in connection with a 
prepayment, refinancing, or transfer under this section of a project if 
such waiver is necessary for the financial feasibility of the 
transaction and is consistent with the long-term preservation of the 
project as affordable housing.
    ``(i) Tenant Involvement in Prepayment and Refinancing.--The 
Secretary shall not accept an offer to prepay the loan for any project 
under section 202 of the Housing Act of 1959 unless the Secretary has--
            ``(1) determined that the owner of the project has notified 
        the tenants of the owner's request for approval of a 
        prepayment;
            ``(2) determined that the owner of the project has provided 
        the tenants with an opportunity to comment on the owner's 
        request for approval of a prepayment, including a description 
        of any anticipated rehabilitation or other use of the proceeds 
        from the transaction, and its impacts on project rents, tenant 
        contributions, or the affordability restrictions for the 
        project; and
            ``(3) taken such comments into consideration.
    ``(j) Definition of Private Nonprofit Organization.--For purposes 
of this section, the term `private nonprofit organization' has the 
meaning given such term in section 202(k) of the Housing Act of 1959 
(12 U.S.C. 1701q(k)).''.

                 TITLE III--ASSISTED LIVING FACILITIES

SEC. 301. DEFINITION OF ASSISTED LIVING FACILITY.

    Section 202b(g) of the Housing Act of 1959 (12 U.S.C. 1701q-2(g)) 
is amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) the term `assisted living facility' means a facility 
        that--
                    ``(A) is owned by a private nonprofit organization; 
                and
                    ``(B)(i) is licensed and regulated by a State (or 
                if there is no State law providing for such licensing 
                and regulation by the State, by the municipality or 
                other political subdivision in which the facility is 
                located); or
                    ``(ii)(I) makes available, directly or through 
                recognized and experienced third party service 
                providers, to residents at the resident's request or 
                choice supportive services to assist the residents in 
                carrying out the activities of daily living, as 
                described in section 232(b)(6)(B) of the National 
                Housing Act (12 U.S.C. 1715w(b)(6)(B)); and
                    ``(II) provides separate dwelling units for 
                residents, each of which may contain a full kitchen and 
                bathroom and which includes common rooms and other 
                facilities appropriate for the provision of supportive 
                services to the residents of the facility; and''.

SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL ASSISTANCE.

    Clause (iii) of section 8(o)(18)(B) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) is amended by inserting 
before the period at the end the following: ``, except that a family 
may be required at the time the family initially receives such 
assistance to pay rent in an amount exceeding 40 percent of the monthly 
adjusted income of the family by such an amount or percentage that is 
reasonable given the services and amenities provided and as the 
Secretary deems appropriate.''.

  TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION TRANSACTIONS

SEC. 401. USE OF SALE OR REFINANCING PROCEEDS.

    Notwithstanding any other provision of law, in connection with the 
sale or refinancing of a multifamily housing project, or the transfer 
of an assistance contract on such a property, that requires the 
approval of the Secretary of Housing and Urban Development, the 
Secretary shall not impose any condition that restricts the amount or 
use of sale or refinancing proceeds, or requires the filing of a 
financial report, unless such condition is expressly authorized by an 
existing contract entered into between the Secretary (or the 
Secretary's designee) and the project owner before the imposition of a 
condition prohibited by this section or is a general condition for new 
financing with a mortgage insured by the Secretary. Any such condition 
previously imposed by the Secretary after January 1, 2005, shall, at 
the option of the project owner, be considered void and not 
enforceable, and any agreement containing such a condition shall be 
rescinded and may be reissued without the void condition.

             TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE

SEC. 501. NATIONAL SENIOR HOUSING CLEARINGHOUSE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Housing and Urban Development 
shall establish and operate a clearinghouse to serve as a national 
repository to receive, collect, process, assemble, and disseminate 
information regarding the availability and quality of multifamily 
developments for elderly tenants, including--
            (1) the availability of--
                    (A) supportive housing for the elderly pursuant to 
                section 202 of the Housing Act of 1959 (12 U.S.C. 
                1701q), including any housing unit assisted with a 
                project rental assistance contract under such section;
                    (B) properties and units eligible for assistance 
                under section 8 of the United States Housing Act of 
                1937 (42 U.S.C. 1437f);
                    (C) properties eligible for the low-income housing 
                tax credit under section 42 of the Internal Revenue 
                Code of 1986;
                    (D) units in assisted living facilities insured 
                pursuant to section 221(d)(4) of the National Housing 
                Act (12 U.S.C. 1715l(d)(4));
                    (E) units in any multifamily project that has been 
                converted into an assisted living facility for elderly 
                persons pursuant to section 202b of the Housing Act of 
                1959 (12 U.S.C. 1701q-2); and
                    (F) any other federally assisted or subsidized 
                housing for the elderly;
            (2) the number of available units in each property, 
        project, or facility described in paragraph (1);
            (3) the number of bedrooms in each available unit in each 
        property, project, or facility described in paragraph (1);
            (4) the estimated cost to a potential tenant to rent or 
        reside in each available unit in each property, project, or 
        facility described in paragraph (1);
            (5) the presence of a waiting list for entry into any 
        available unit in each property, project, or facility described 
        in paragraph (1);
            (6) the number of persons on the waiting list for entry 
        into any available unit in each property, project, or facility 
        described in paragraph (1);
            (7) the estimated time an individual can expect to be on 
        the waiting list for entry into any available unit in each 
        property, project, or facility described in paragraph (1);
            (8) the amenities available in each available unit in each 
        property, project, or facility described in paragraph (1), 
        including--
                    (A) the services provided by such property, 
                project, or facility;
                    (B) the size and availability of common space 
                within each property, project, or facility;
                    (C) the availability of organized activities for 
                individuals residing in such property, project, or 
                facility; and
                    (D) any other additional amenities available to 
                individuals residing in such property, project, or 
                facility;
            (9) the level of care (personal, physical, or nursing) 
        available to individuals residing in any property, project, or 
        facility described in paragraph (1);
            (10) whether there is a service coordinator in any 
        property, project, or facility described in paragraph (1); and
            (11) any other criteria determined appropriate by the 
        Secretary.
    (b) Collection and Updating of Information.--
            (1) Initial colleection.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary of Housing and 
        Urban Development shall conduct an annual survey requesting 
        information from each owner of a property, project, or facility 
        described in subsection (a)(1) regarding the provisions 
        described in paragraphs (2) through (11) of such subsection.
            (2) Response time.--Not later than 30 days after receiving 
        the request described under paragraph (1), the owner of each 
        such property, project, or facility shall submit such 
        information to the Secretary of Housing and Urban Development.
            (3) Public availability.--Not later than 60 days after the 
        Secretary of Housing and Urban Development receives the 
        submission of any information required under paragraph (2), the 
        Secretary shall make such information publicly available 
        through the clearinghouse.
            (4) Updates.--The Secretary of Housing and Urban 
        Development shall conduct an annual survey of each owner of a 
        property, project, or facility described in subsection (a)(1) 
        for the purpose of updating or modifying information provided 
        in the initial collection of information under paragraph (1). 
        Not later than 30 days after receiving such a request, the 
        owner of each such property, project, or facility shall submit 
        such updates or modifications to the Secretary. Not later than 
        60 days after receiving such updates or modifications, the 
        Secretary shall inform the clearinghouse of such updated or 
        modified information.
    (c) Functions.--The clearinghouse established under subsection (a) 
shall--
            (1) respond to inquiries from State and local governments, 
        other organizations, and individuals requesting information 
        regarding the availability of housing in multifamily 
        developments for elderly tenants;
            (2) make such information publicly available via the 
        Internet website of the Department of Housing and Urban 
        Development, which shall include--
                    (A) access via electronic mail; and
                    (B) an easily searchable, sortable, downloadable, 
                and accessible index that itemizes the availability of 
                housing in multifamily developments for elderly tenants 
                by State, county, and zip code;
            (3) establish a toll-free number to provide the public with 
        specific information regarding the availability of housing in 
        multifamily developments for elderly tenants; and
            (4) perform any other duty that the Secretary determines 
        necessary to achieve the purposes of this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.
                                 <all>