[Congressional Record Volume 156, Number 172 (Tuesday, December 21, 2010)]
[House]
[Pages H8806-H8811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FRANK MELVILLE SUPPORTIVE HOUSING INVESTMENT ACT OF 2010
Mr. MURPHY of Connecticut. Madam Speaker, I move to suspend the rules
and pass the bill (S. 1481) to amend section 811 of the Cranston-
Gonzalez National Affordable Housing Act to improve the program under
such section for supportive housing for persons with disabilities.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1481
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Frank
Melville Supportive Housing Investment Act of 2010''.
(b) References.--Except as otherwise expressly provided,
wherever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, section 811 or any
other provision of section 811, the reference shall be
considered to be made to section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013).
SEC. 2. TENANT-BASED RENTAL ASSISTANCE.
(a) Renewal Through Section 8.--Section 811(d)(4) is
amended to read as follows:
``(4) Tenant-based rental assistance.--
``(A) In general.--Tenant-based rental assistance provided
under subsection (b)(1) shall be provided under section 8(o)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
``(B) Conversion of existing assistance.--There is
authorized to be appropriated for tenant-based rental
assistance under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) for persons with
disabilities an amount not less than the amount necessary to
convert the number of authorized vouchers and funding under
an annual contributions contract in effect on the date of
enactment of the Frank Melville Supportive Housing Investment
Act of 2010. Such converted vouchers may be administered by
the entity administering the vouchers prior to conversion.
For purposes of administering such converted vouchers, such
entities shall be considered a `public housing agency'
authorized to engage in the operation of tenant-based
assistance under section 8 of the United States Housing Act
of 1937.
``(C) Requirements upon turnover.--The Secretary shall
develop and issue, to public housing agencies that receive
voucher assistance made available under this subsection and
to public housing agencies that received voucher assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) for non-elderly disabled families
pursuant to appropriation Acts for fiscal years 1997 through
2002 or any other subsequent appropriations for incremental
vouchers for non-elderly disabled families, guidance to
ensure that, to the maximum extent possible, such vouchers
continue to be provided upon turnover to qualified persons
with disabilities or to qualified non-elderly disabled
families, respectively.''.
(b) Provision of Technical Assistance.--The Secretary is
authorized to the extent amounts are made available in future
appropriations Acts, to provide technical assistance to
public housing agencies and other administering entities to
facilitate using vouchers to provide permanent supportive
housing for persons with disabilities, help States reduce
reliance on segregated restrictive settings for people with
disabilities to meet community care requirements, end chronic
homelessness, as ``chronically homeless'' is defined in
section 401 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11361), and for other related purposes.
SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM.
(a) Project Rental Assistance Contracts.--Section 811 is
amended--
(1) in subsection (d)(2)--
(A) by inserting ``(A) Initial project rental assistance
contract.--'' after ``Project rental assistance.--'';
(B) in the first sentence, by inserting after ``shall'' the
following: ``comply with subsection (e)(2) and shall'';
(C) by striking ``annual contract amount'' each place such
term appears and inserting ``amount provided under the
contract for each year covered by the contract''; and
(D) 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, subject to the availability of amounts
made available in appropriation Acts, the Secretary shall
adjust the annual contract amount to provide for reasonable
project costs, including adequate reserves and service
coordinators as appropriate, 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.''.
(2) in subsection (e)(2)--
(A) in the first sentence, by inserting before the period
at the end the following: ``, except that, in the case of the
sponsor of a project assisted with any low-income housing tax
credit pursuant to section 42 of the Internal Revenue Code of
1986 or with any tax-exempt housing bonds, the contract shall
have an initial term of not less than 360 months and shall
provide funding for a term of 60 months''; and
(B) by striking ``extend any expiring contract'' and insert
``upon expiration of a contract (or any renewed contract),
renew such contract''.
(b) Program Requirements.--Section 811 is amended--
(1) in subsection (e)--
(A) by striking the subsection heading and inserting the
following: ``Program Requirements'';
(B) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Use restrictions.--
``(A) Term.--Any project for which a capital advance is
provided under subsection (d)(1) shall be operated for not
less than 40 years as supportive housing for persons with
disabilities, in accordance with the application for the
project approved by the Secretary and shall, during such
period, be made available for occupancy only by very low-
income persons with disabilities.
``(B) Conversion.--If the owner of a project requests the
use of the project for the direct benefit of very low-income
persons with disabilities and, pursuant to such request the
Secretary determines that a project is no longer needed for
use as supportive housing for persons with disabilities, the
Secretary may approve the request and authorize the
[[Page H8807]]
owner to convert the project to such use.''; and
(C) by adding at the end the following new paragraphs:
``(3) Limitation on use of funds.--No assistance received
under this section (or any State or local government funds
used to supplement such assistance) may be used to replace
other State or local funds previously used, or designated for
use, to assist persons with disabilities.
``(4) Multifamily projects.--
``(A) Limitation.--Except as provided in subparagraph (B),
of the total number of dwelling units in any multifamily
housing project (including any condominium or cooperative
housing project) containing any unit for which assistance is
provided from a capital grant under subsection (d)(1) made
after the date of the enactment of the Frank Melville
Supportive Housing Investment Act of 2010, the aggregate
number that are used for persons with disabilities, including
supportive housing for persons with disabilities, or to which
any occupancy preference for persons with disabilities
applies, may not exceed 25 percent of such total.
``(B) Exception.--Subparagraph (A) shall not apply in the
case of any project that is a group home or independent
living facility.''; and
(2) in subsection (l), by striking paragraph (4).
(c) Delegated Processing.--Subsection (g) of section 811
(42 U.S.C. 8013(g)) is amended--
(1) by striking ``Selection Criteria.--'' and inserting
``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; and
(3) by adding at the end the following new paragraph:
``(2) Delegated Processing.--
``(A) In issuing a capital advance under subsection (d)(1)
for any multifamily project (but not including any project
that is a group home or independent living facility) for
which financing for the purposes described in the last
sentence of subsection (b) is provided by a combination of
the capital advance 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 is sufficiently qualified 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.
``(C) The Secretary shall--
``(i) develop criteria and a timeline to periodically
assess the performance of State and local housing agencies in
carrying out the duties delegated to such agencies pursuant
to subparagraph (A); and
``(ii) retain the authority to review and process projects
financed by a capital advance in the event that, after a
review and assessment, a State or local housing agency is
determined to have failed to satisfy the criteria established
pursuant to clause (i).
``(D) 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. 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.
``(E) 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.''.
(d) Leveraging Other Resources.--Paragraph (1) of section
811(g) (as so designated by subsection (c)(1) of this
section) is amended by inserting after subparagraph (E) (as
so redesignated by subsection (c)(2) of this section) the
following new subparagraph:
``(F) the extent to which the per-unit cost of units to be
assisted under this section will be supplemented with
resources from other public and private sources;''.
(e) Tenant Protections and Eligibility for Occupancy.--
Section 811 is amended by striking subsection (i) and
inserting the following new subsection:
``(i) Admission and Occupancy.--
``(1) Tenant selection.--
``(A) Procedures.--An owner shall adopt written tenant
selection procedures that are satisfactory to the Secretary
as (i) consistent with the purpose of improving housing
opportunities for very low-income persons with disabilities;
and (ii) reasonably related to program eligibility and an
applicant's ability to perform the obligations of the lease.
Owners shall promptly notify in writing any rejected
applicant of the grounds for any rejection.
``(B) Requirement for occupancy.--Occupancy in dwelling
units provided assistance under this section shall be
available only to persons with disabilities and households
that include at least one person with a disability.
``(C) Availability.--Except only as provided in
subparagraph (D), occupancy in dwelling units in housing
provided with assistance under this section shall be
available to all persons with disabilities eligible for such
occupancy without regard to the particular disability
involved.
``(D) Limitation on occupancy.--Notwithstanding any other
provision of law, the owner of housing developed under this
section may, with the approval of the Secretary, limit
occupancy within the housing to persons with disabilities who
can benefit from the supportive services offered in
connection with the housing.
``(2) Tenant protections.--
``(A) Lease.--The lease between a tenant and an owner of
housing assisted under this section shall be for not less
than one year, and shall contain such terms and conditions as
the Secretary shall determine to be appropriate.
``(B) Termination of tenancy.--An owner may not terminate
the tenancy or refuse to renew the lease of a tenant of a
rental dwelling unit assisted under this section except--
``(i) for serious or repeated violation of the terms and
conditions of the lease, for violation of applicable Federal,
State, or local law, or for other good cause; and
``(ii) by providing the tenant, not less than 30 days
before such termination or refusal to renew, with written
notice specifying the grounds for such action.
``(C) Voluntary participation in services.--A supportive
service plan for housing assisted under this section shall
permit each resident to take responsibility for choosing and
acquiring their own services, to receive any supportive
services made available directly or indirectly by the owner
of such housing, or to not receive any supportive
services.''.
(f) Development Cost Limitations.--Subsection (h) of
section 811 is amended--
(1) in paragraph (1)--
(A) by striking the paragraph heading and inserting ``Group
homes'';
(B) in the first sentence, by striking ``various types and
sizes'' and inserting ``group homes'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(2) in paragraph (3), by inserting ``established pursuant
to paragraph (1)'' after ``cost limitation''; and
(3) by adding at the end the following new paragraph:
``(6) Applicability of home program cost limitations.--
``(A) In general.--The provisions of section 212(e) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742(e)) and the cost limits established by the Secretary
pursuant to such section with respect to the amount of funds
under subtitle A of title II of such Act that may be invested
on a per unit basis, shall apply to supportive housing
assisted with a capital advance under subsection (d)(1) and
the amount of funds under such subsection that may be
invested on a per unit basis.
``(B) Waivers.--The Secretary may provide for waiver of the
cost limits applicable pursuant to subparagraph (A)--
``(i) in the cases in which the cost limits established
pursuant to section 212(e) of the Cranston-Gonzalez National
Affordable Housing Act may be waived; and
``(ii) to provide for--
``(I) the cost of special design features to make the
housing accessible to persons with disabilities;
``(II) the cost of special design features necessary to
make individual dwelling units meet the special needs of
persons with disabilities; and
``(III) the cost of providing the housing in a location
that is accessible to public transportation and community
organizations that provide supportive services to persons
with disabilities.''.
(g) Congressional Notification of Waiver.--Section 811(k)
is amended--
(1) in paragraph (1), by adding the following after the
second sentence: ``Not later than the date of the exercise of
any waiver permitted under the previous sentence, the
Secretary shall notify the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives of the waiver or the
intention to exercise the waiver, together with a detailed
explanation of the reason for the waiver.''; and
(2) in paragraph (4)--
(A) by striking ``prescribe, subject to the limitation
under subsection (h)(6) of this section)'' and inserting
``prescribe)''; and
(B) by adding the following after the first sentence: ``Not
later than the date that the Secretary prescribes a limit
exceeding the 24 person limit in the previous sentence, the
Secretary shall notify the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
[[Page H8808]]
Services of the House of Representatives of the limit or the
intention to prescribe a limit in excess of 24 persons,
together with a detailed explanation of the reason for the
new limit.''.
(h) Minimum Allocation for Multifamily Projects.--Paragraph
(1) of section 811(l) is amended to read as follows:
``(1) Minimum allocation for multifamily projects.--The
Secretary shall establish a minimum percentage of the amount
made available for each fiscal year for capital advances
under subsection (d)(1) that shall be used for multifamily
projects subject to subsection (e)(4).''.
SEC. 4. PROJECT RENTAL ASSISTANCE.
Section 811(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``is
authorized--'' and inserting ``is authorized to take the
following actions:'';
(2) in paragraph (1)--
(A) by striking ``(1) to provide tenant-based'' and
inserting ``(1) Tenant-based assistance.--To provide tenant-
based''; and
(B) by striking ``; and'' and inserting a period;
(3) in paragraph (2), by striking ``(2) to provide
assistance'' and inserting ``(2) Capital advances.--To
provide assistance''; and
(4) by adding at the end the following:
``(3) Project rental assistance.--
``(A) In general.--To offer additional methods of financing
supportive housing for non-elderly adults with disabilities,
the Secretary shall make funds available for project rental
assistance pursuant to subparagraph (B) for eligible projects
under subparagraph (C). The Secretary shall provide for State
housing finance agencies and other appropriate entities to
apply to the Secretary for such project rental assistance
funds, which shall be made available by such agencies and
entities for dwelling units in eligible projects based upon
criteria established by the Secretary. The Secretary may not
require any State housing finance agency or other entity
applying for such project rental assistance funds to identify
in such application the eligible projects for which such
funds will be used, and shall allow such agencies and
applicants to subsequently identify such eligible projects
pursuant to the making of commitments described in
subparagraph (C)(ii).
``(B) Contract terms.--
``(i) Contract terms.--Project rental assistance under this
paragraph shall be provided--
``(I) in accordance with subsection (d)(2); and
``(II) under a contract having an initial term of not less
than 180 months that provides funding for a term 60 months,
which funding shall be renewed upon expiration, subject to
the availability of sufficient amounts in appropriation Acts.
``(ii) Limitation on units assisted.--Of the total number
of dwelling units in any multifamily housing project
containing any unit for which project rental assistance under
this paragraph is provided, the aggregate number that are
provided such project rental assistance, that are used for
supportive housing for persons with disabilities, or to which
any occupancy preference for persons with disabilities
applies, may not exceed 25 percent of such total.
``(iii) Prohibition of capital advances.--The Secretary may
not provide a capital advance under subsection (d)(1) for any
project for which assistance is provided under this
paragraph.
``(iv) Eligible population.--Project rental assistance
under this paragraph may be provided only for dwelling units
for extremely low-income persons with disabilities and
extremely low-income households that include at least one
person with a disability.
``(C) Eligible projects.--An eligible project under this
subparagraph is a new or existing multifamily housing project
for which--
``(i) the development costs are paid with resources from
other public or private sources; and
``(ii) a commitment has been made--
``(I) by the applicable State agency responsible for
allocation of low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, for an allocation of
such credits;
``(II) by the applicable participating jurisdiction that
receives assistance under the HOME Investment Partnership
Act, for assistance from such jurisdiction; or
``(III) by any Federal agency or any State or local
government, for funding for the project from funds from any
other sources.
``(D) State agency involvement.--Assistance under this
paragraph may be provided only for projects for which the
applicable State agency responsible for health and human
services programs, and the applicable State agency designated
to administer or supervise the administration of the State
plan for medical assistance under title XIX of the Social
Security Act, have entered into such agreements as the
Secretary considers appropriate--
``(i) to identify the target populations to be served by
the project;
``(ii) to set forth methods for outreach and referral; and
``(iii) to make available appropriate services for tenants
of the project.
``(E) Use requirements.--In the case of any project for
which project rental assistance is provided under this
paragraph, the dwelling units assisted pursuant to
subparagraph (B) shall be operated for not less than 30 years
as supportive housing for persons with disabilities, in
accordance with the application for the project approved by
the Secretary, and such dwelling units shall, during such
period, be made available for occupancy only by persons and
households described in subparagraph (B)(iv).
``(F) Report.--Not later than 3 years after the date of the
enactment of this paragraph, and again 2 years thereafter,
the Secretary shall submit to Congress a report--
``(i) describing the assistance provided under this
paragraph;
``(ii) analyzing the effectiveness of such assistance,
including the effectiveness of such assistance compared to
the assistance program for capital advances set forth under
subsection (d)(1) (as in effect pursuant to the amendments
made by such Act); and
``(iii) making recommendations regarding future models for
assistance under this section.''.
SEC. 5. TECHNICAL CORRECTIONS.
Section 811 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``provides'' and inserting ``makes
available''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new paragraph:
``(3) promotes and facilitates community integration for
people with significant and long-term disabilities.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``special'' and inserting
``housing and community-based services''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) make available voluntary supportive services that
address the individual needs of persons with disabilities
occupying such housing;''; and
(ii) in subparagraph (B), by striking the comma and
inserting a semicolon;
(3) in subsection (d)(1), by striking ``provided under''
and all that follows through ``shall bear'' and inserting
``provided pursuant to subsection (b)(1) shall bear'';
(4) in subsection (f)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking ``receive'' and
inserting ``be offered'';
(ii) by striking subparagraph (C) and inserting the
following:
``(C) evidence of the applicant's experience in--
``(i) providing such supportive services; or
``(ii) creating and managing structured partnerships with
service providers for the delivery of appropriate community-
based services;'';
(iii) in subparagraph (D), by striking ``such persons'' and
all that follows through ``provision of such services'' and
inserting ``tenants''; and
(iv) in subparagraph (E), by inserting ``other Federal,
and'' before ``State''; and
(B) in paragraph (4), by striking ``special'' and inserting
``housing and community-based services'';
(5) in subsection (g), in paragraph (1) (as so redesignated
by section 3(c)(1) of this Act)--
(A) in subparagraph (D) (as so redesignated by section
3(c)(2) of this Act), by striking ``the necessary supportive
services will be provided'' and inserting ``appropriate
supportive services will be made available''; and
(B) by striking subparagraph (E) (as so redesignated by
section 3(c)(2) of this Act) and inserting the following:
``(E) the extent to which the location and design of the
proposed project will facilitate the provision of community-
based supportive services and address other basic needs of
persons with disabilities, including access to appropriate
and accessible transportation, access to community services
agencies, public facilities, and shopping;'';
(6) in subsection (j)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively;
(7) in subsection (k)--
(A) in paragraph (1), by inserting before the period at the
end of the first sentence the following: ``, which provides a
separate bedroom for each tenant of the residence'';
(B) in paragraph (2), by striking the first sentence, and
inserting the following: ``The term `person with
disabilities' means a household composed of one or more
persons who is 18 years of age or older and less than 62
years of age, and who has a disability.'';
(C) by striking paragraph (3) and inserting the following
new paragraph:
``(3) The term `supportive housing for persons with
disabilities' means dwelling units that--
``(A) are designed to meet the permanent housing needs of
very low-income persons with disabilities; and
``(B) are located in housing that make available supportive
services that address the individual health, mental health,
or other needs of such persons.'';
(D) in paragraph (5), by striking ``a project for''; and
(E) in paragraph (6)--
(i) by inserting after and below subparagraph (D) the
matter to be inserted by the amendment made by section 841 of
the American Homeownership and Economic Opportunity Act of
2000 (Public Law 106-569; 114 Stat. 3022); and
[[Page H8809]]
(ii) in the matter inserted by the amendment made by
subparagraph (A) of this paragraph, by striking ``wholly
owned and''; and
(8) in subsection (l)--
(A) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (3), by striking ``subsection (c)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Subsection (m) of section 811 is amended to read as
follows:
``(m) Authorization of Appropriations.--There are
authorized to be appropriated for providing assistance
pursuant to this section $300,000,000 for each of fiscal
years 2011 through 2015.''.
SEC. 7. GAO STUDY.
The Comptroller General of the United States shall conduct
a study of the supportive housing for persons with
disabilities program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013) to
determine the adequacy and effectiveness of such program in
assisting households of persons with disabilities. Such study
shall determine--
(1) the total number of households assisted under such
program;
(2) the extent to which households assisted under other
programs of the Department of Housing and Urban Development
that provide rental assistance or rental housing would be
eligible to receive assistance under such section 811
program; and
(3) the extent to which households described in paragraph
(2) who are eligible for, but not receiving, assistance under
such section 811 program are receiving supportive services
from, or assisted by, the Department of Housing and Urban
Development other than through the section 811 program
(including under the Resident Opportunity and Self-
Sufficiency program) or from other sources.
Upon the completion of the study required under this section,
the Comptroller General shall submit a report to the Congress
setting forth the findings and conclusions of the study.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Connecticut (Mr. Murphy) and the gentlewoman from West Virginia (Mrs.
Capito) each will control 20 minutes.
The Chair recognizes the gentleman from Connecticut.
General Leave
Mr. MURPHY of Connecticut. Madam Speaker, I ask unanimous consent
that all Members may have 5 legislative days within which to revise and
extend their remarks on this legislation and to insert extraneous
material thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Connecticut?
There was no objection.
Mr. MURPHY of Connecticut. I yield myself such time as I may consume.
Madam Speaker, I am proud to stand here today with my colleagues in
support of S. 1481, the Frank Melville Supportive Housing Investment
Act of 2009. This is a reauthorization and improvement upon the
existing section 811 supportive housing program. Passing this bill
today would send the legislation to the President's desk. I think this
is the third time we've had this bill before the House over the last 4
years. It would pave the way to provide thousands more affordable
housing units each year across this country to low-income persons with
physical and mental disabilities. Importantly, the bill before us today
costs the same amount as the existing 811 program. It just makes some
very important improvements to efficiently expand the use of these
important dollars.
That is why I want to first just thank all the people who have
brought this bill before us today, Senators Menendez and Johanns in the
Senate as well as the ranking member of the full committee in the
Senate, Senator Dodd; here in the House, the chairman of the full
committee, Representative Frank and Representatives Capito and Biggert
for their tireless advocacy on the issue of supportive housing, as well
as really hundreds of staff both on the inside of this building and
those advocates who have worked on this issue for a number of years.
And lastly to the Melville family, this bill is titled the Frank
Melville Supportive Housing Investment Act. Frank Melville, who
unfortunately passed away a few years ago, and his surviving wife,
Allen, created something called the Melville Charitable Trust; and that
trust today is one of the primary funders of supportive housing
advocacy around the Northeast and around the Nation. And I think this
legislation, should it find its way into passage, will be a fitting
testament to Frank Melville's legacy.
Madam Speaker, the 811 program is the primary program for the
development of supportive housing around the country. The Department of
Housing and Urban Development estimates that around this Nation, there
are about 1.3 million individuals, nonelderly disabled, people with
physical disabilities or sometimes very severe mental illness, who are
living in substandard housing. Supportive housing is a cost-effective
means to provide those individuals with an ability to thrive
independently. They are housing units, sometimes built together,
sometimes done on a scattered-site basis, that are partnered with a
modicum of support services, sometimes transportation help, sometimes
medication adherence, that allows them to live independently.
It's the right thing to do for them, and it's the right thing to do
for the government. It saves us billions of dollars. Because often,
especially with respect to the individuals who have severe mental
illness, the alternative is for those people to live in institutional
settings, whether it be in hospitals or in jails. For those with
physical disabilities, it is often a very, very difficult life to live
in nonsupportive housing units.
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The problem is we are not building enough of these units. Over the
last few years we've built less than 1,000 across the country with 811
dollars. And it's sometimes taking up to 6 years from the point of
application to the point of completion when you're dealing with an 811
project.
This bill, by reordering the way in which we run the program, would
triple the number of housing units that we can build through the 811
program across country. It does this by providing better accountability
and cost efficiency to the program, by transferring 811 vouchers to the
larger section 8 program. And this frees up funds to support efforts to
leverage 811 capital dollars with low-income tax credits, private
dollars, and State partnerships. That's what this is really all about,
trying to take our Federal dollars and leverage them with other sources
of funding, whether it be through State and municipal funds or whether
it be through private dollars, which I think is really the future of
supportive housing development.
It also makes a number of other important efficiencies by allowing
States and State housing agencies to do much of the bureaucratic
paperwork that sometimes bogs down these applications.
Years ago, Madam Speaker, when this country and States across the
Nation made the decision to close down our institutions that housed
individuals with mental and physical disabilities, we made a promise to
them. We told them that we'd find them new housing out in the
communities, better opportunities for those individuals to live on
their own. We haven't lived up to that promise over the years.
And in Connecticut, those of us who have worked on this issue for
years, we often wear a badge when we're working on this issue in the
State Capitol that says, Keep the Promise. This legislation, I believe,
thanks to the great work of my Republican colleagues and Senators who
worked so hard on it, is a step towards doing just that.
Again, I'd like to thank all of the people who have made this
prospective final passage possible.
I reserve the balance of my time.
Mrs. CAPITO. Madam Speaker, I would like to thank my colleague from
Connecticut for his dedication to this very important piece of
legislation. And I would particularly like to thank Ms. Biggert from
Illinois for her passion and her advocacy on behalf of the disabled
Americans and their housing needs.
I rise in support of S. 1481, the Frank Melville Supportive Housing
Investment Act of 2010.
There are nearly 4 million non-elderly disabled adults in the United
States that are in need of housing assistance. The section 811 program
is the only Federal program that allows persons with disabilities to
live independently in the community by increasing the supply of
affordable rental housing with the availability of supportive services.
S. 1481 closely resembles H.R. 1675, which passed the House by over
375 votes last year. The bill before us
[[Page H8810]]
today restructures the section 811 program in a way that provides for a
continued creation of supportive housing and provides rental assistance
that would make housing affordable for very low-income people with
disabilities.
This bill will improve the section 811 disabled housing program by
streamlining and simplifying development of HUD section 811 properties,
and makes changes to the program to encourage integration and mixed-use
developments such as low-income housing tax credits and HOME program
funds.
I would additionally like to thank the very dedicated and hearty
group of advocates from my State of West Virginia who traveled here
last year to talk about this extremely important issue and the
difficulties that they find every day, not only securing housing, but
finding more housing for their associates who may suffer disabilities
and are unable to find safe, affordable housing. And so I want to thank
them for their passion and also for their strength that they exhibit
every day in dealing with their disabilities.
I urge my colleagues to support this legislation.
I reserve the balance of my time.
Mr. MURPHY of Connecticut. Madam Speaker, I yield as much time as he
may consume to the chairman of the full committee and a primary
proponent of this legislation and the legislation that previously
passed respective to the 202 program, Representative Barney Frank.
Mr. FRANK of Massachusetts. Madam Speaker, I support this legislation
substantively. I'm also glad we're bringing it up because it helps
dispel a couple of unduly negative views about us. We've just seen a
great example of bipartisan cooperation. Yes, things have gotten very
partisan. Some things should be partisan. More have become that way
than should be.
But the public has an excessive view of the extent to which
partisanship dominates, because when we have cooperation between the
parties and agreement it's not news. And while we have some
differences, the gentlewoman from West Virginia as the ranking member
of the Housing Subcommittee and the gentlewoman from California (Ms.
Waters) as the chair did a lot of constructive work together, brought
forward a number of pieces of legislation. Not all of them survived the
last minute rush. I am hopeful under the leadership of the gentlewoman
from Illinois those areas where we had some agreement, there were some
that remain, that we will be able to move them. So it does show that
people believe that there is more partisanship than there is, or that
there are no examples of cooperation between the parties, as there are
in this case.
There is a view that politics is a hard and nasty business and that
people are vindictive, and this is proof that that's not true.
Now, the gentleman from Connecticut abandoned our committee, left for
greener committee pastures. But that did not prevent us from
enthusiastically helping him to pass this bill, and he deserves a great
deal of credit for it. It is an idea, I believe, that came to him from
constituents, and that's another good thing to know; that there were
people in his district who were interested in this. And he brought it
forward and worked very hard and made the necessary adjustments, as you
always do in the process.
So this speaks very well of the gentleman from Connecticut and of the
process, that people in the country who have some good ideas can bring
them to us and they can be shaped, and this is done.
Finally, I am very pleased that this will lead to, I hope, more
construction of rental units. A common problem that we've had for many
years in our housing area was to overstress home ownership for people
who needed government assistance, and under-performed with regard to
building rental units. No one thing solved it all, but this is a step
forward towards the construction of rental units in a way that will
increase the stock of housing.
And we ought to remember when we talk about providing homes for
people who need assistance, ownership and having a home are not the
same word. Home ownership is a part of home, in general. Rental housing
is also an important part.
I thank the gentleman from Connecticut and the gentlewoman from West
Virginia and others for letting us take that step forward together.
Mrs. CAPITO. Madam Speaker, I yield such time as she may consume to a
wonderful advocate for supportive housing and housing in general, the
gentlewoman from Illinois, Judy Biggert.
Ms. BIGGERT. Madam Speaker, today I rise as a Republican cosponsor of
the House version of this legislation, and I urge my colleagues to
support the bill.
I would like to thank my colleague, Congressman Murphy of
Connecticut, for all his hard work, and Ranking Member Capito of West
Virginia for all that she has done on this bill.
Also our Senate counterparts, Senator Menendez of New Jersey and
Senator Mike Johanns of Nebraska, for their hard work on this
legislation.
Section 811 is the only Federal housing program that serves non-
elderly, low-income people with disabilities. It is the only Federal
program that funds housing and vouchers for people with disabilities
who seek to live as independent members of the community.
Unfortunately, the program hasn't been reformed for over 15 years
and, due to inefficiencies, has not served as many people who are
disabled as it could. That's why, for the past 4 years, Congressman
Murphy and I have worked to reform the section 811 program. The House
passed our bill, H.R. 5772, by voice vote in September 2008, and in
July 2009, the House passed H.R. 1675 with overwhelming bipartisan
support by a recorded vote of 376-51.
The bill under consideration today closely mirrors both House-passed
bills. S. 1481 is critical to the goal of increasing the number of
affordable units for people with disabilities. By better aligning this
section 811 program with other Federal, State, and local funding
resources, it allows nonprofit sponsors to more easily leverage
additional financing, thereby maximizing Federal dollars.
{time} 1140
It streamlines the application process and permits nonprofit and for-
profit entities to partner on Section 811 projects. The bill also
limits appropriations to the Federal fiscal year 2010 level and does
not create any new Federal programs.
I would like to once again thank my colleague from Connecticut,
Congressman Murphy, and thank Chairman Frank and Ranking Member Bachus,
Chairwoman Waters and Ranking Member Capito, as well as their staffs,
for helping us with this legislation.
Of course, I cannot forget to thank one of my constituents from
Tinley Park, Illinois, Tony Paulauski, the executive director of Arc of
Illinois, who testified in 2008 before our committee about the needs
for these reforms. On a similar note, I would also like to thank the
wonderful people in Illinois that work for Trinity Services and
Cornerstone Services, as well as all those volunteers, parents, and
other members of the community who have reached out to express their
support of this legislation.
Madam Speaker, this is a commonsense bill that modernizes an
important Federal housing program that hasn't been updated, and I would
urge my colleagues to support it.
Mrs. CAPITO. Madam Speaker, I would urge my colleagues to vote in
support of this very important bill.
I have no further requests for time, and I yield back the balance of
my time.
Mr. MURPHY of Connecticut. Madam Speaker, I would like to thank,
again, Representative Frank for his generosities, despite my leaving
the committee. And again, to Representative Biggert in particular, for
her advocacy on this issue over the years.
For people that are born with physical and mental disabilities, what
I think we strive to do as a society is give them a chance at
independent life, give them a chance to succeed just like everyone
else. And there is nothing more fundamental to that success than a roof
over your head, than a place to live and a place that has some
appropriate supports, recognizing the challenges that you face. This
bill, where we can potentially triple the number of supportive housing
units that we build across the country without spending an additional
dime, is both, I think, a compassionate response to those people and a
responsible way to run this program.
[[Page H8811]]
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Connecticut (Mr. Murphy) that the House suspend the
rules and pass the bill, S. 1481.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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