[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[House]
[Pages 18335-18340]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1645
        FRANK MELVILLE SUPPORTIVE HOUSING INVESTMENT ACT OF 2009

  Mr. GRAYSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1675) 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:

                               H.R. 1675

       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 2009''.
       (b) References.--Except as otherwise expressly provided, 
     wherever in this Act an amendment or repeal is expressed in 
     terms of

[[Page 18336]]

     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 THROUGH CERTIFICATE 
                   FUND.

       (a) Termination of Mainstream Tenant-Based Rental 
     Assistance Program.--Section 811 is amended--
       (1) in subsection (b)--
       (A) by striking the first subsection designation and all 
     that follows through the end of subparagraph (B) of paragraph 
     (2) and inserting the following:
       ``(b) Authority To Provide Assistance.--The Secretary is 
     authorized to provide assistance to private nonprofit 
     organizations to expand the supply of supportive housing for 
     persons with disabilities, which shall be provided as--
       ``(1) capital advances in accordance with subsection 
     (d)(1); and
       ``(2) contracts for project rental assistance in accordance 
     with subsection (d)(2).''; and
       (B) by striking ``assistance under this paragraph'' and 
     inserting ``Assistance under this subsection'';
       (2) in subsection (d), by striking paragraph (4); and
       (3) in subsection (l), by striking paragraph (1).
       (b) Renewal Through Section 8.--Section 811 is amended by 
     adding at the end the following new subsection:
       ``(p) Authorization of Appropriations for Section 8 
     Assistance.--
       ``(1) In general.--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 in fiscal year 2010 the amount 
     necessary to provide a number of incremental vouchers under 
     such section that is equal to the number of vouchers provided 
     in fiscal year 2009 under the tenant-based rental assistance 
     program under subsection (d)(4) of this section (as in effect 
     before the date of the enactment of the Frank Melville 
     Supportive Housing Investment Act of 2009).
       ``(2) 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.''.

     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, and any increases, including adequate reserves 
     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.''.
       (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 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 2009, 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;
       (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 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.
       ``(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. The Secretary shall 
     develop a schedule for reasonable fees under this 
     subparagraph to be paid to delegated processing agencies, 
     which shall take into consideration any other fees to be paid 
     to the agency for other funding provided to the project by 
     the agency, including bonds, tax credits, and other gap 
     funding.
       ``(D) Under such delegated system, the 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

[[Page 18337]]

     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 this 
     Act 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 this 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 shall 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 this 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) Repeal of Authority To Waive Size Limitations.--
     Subsection (k) of section 811 is amended--
       (1) in paragraph (1), by striking the second sentence; and
       (2) in paragraph (4), by striking ``(or such higher number 
     of persons'' and all that follows through ``subsection 
     (h)(6))''.
       (h) Minimum Allocation for Multifamily Projects.--
     Subsection (l) of section 811, as amended by the preceding 
     provisions of this Act, is further amended by inserting 
     before paragraph (2) the following new paragraph:
       ``(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 COMPETITIVE DEMONSTRATION 
                   PROGRAM.

       Section 811, as amended by the preceding provisions of this 
     Act, is further amended--
       (1) by redesignating subsections (k) through (n) as 
     subsections (l) through (o), respectively; and
       (2) by inserting after subsection (j) the following new 
     subsection:
       ``(k) Project Rental Assistance-Only Competitive 
     Demonstration Program.--
       ``(1) Authority.--The Secretary shall carry out a 
     demonstration program under this subsection to expand the 
     supply of supportive housing for non-elderly adults with 
     disabilities, under which the Secretary shall make funds 
     available for project rental assistance pursuant to paragraph 
     (2) for eligible projects under paragraph (3). 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 for the demonstration program under this 
     subsection. The Secretary may not require any State housing 
     finance agency or other entity applying for project rental 
     assistance funds under the demonstration program 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 paragraph 
     (3)(B).
       ``(2) Project rental assistance.--
       ``(A) Contract terms.--Project rental assistance under the 
     demonstration program under this subsection shall be 
     provided--
       ``(i) in accordance with subsection (d)(2); and
       ``(ii) under a contract having an 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.
       ``(B) Limitation on units assisted.--Of the total number of 
     dwelling units in any multifamily housing project containing 
     any unit for which project rental assistance under the 
     demonstration program under this subsection is provided, the 
     aggregate number that are 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.
       ``(C) 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 the 
     demonstration program.
       ``(D) Eligible population.--Project rental assistance under 
     the demonstration program under this subsection 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.
       ``(3) Eligible projects.--An eligible project under this 
     paragraph is a new or existing multifamily housing project 
     for which--
       ``(A) the development costs are paid with resources from 
     other public or private sources; and
       ``(B) a commitment has been made--
       ``(i) by the applicable State agency 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.
       ``(4) State agency involvement.--Assistance under the 
     demonstration 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--
       ``(A) to identify the target populations to be served by 
     the project;
       ``(B) to set forth methods for outreach and referral; and
       ``(C) to make available appropriate services for tenants of 
     the project.
       ``(5) Use requirements.--In the case of any project for 
     which project rental assistance is provided under the 
     demonstration program under this subsection, the dwelling 
     units assisted pursuant to paragraph (2) shall be operated 
     for not less than 30 years as supportive housing for persons 
     with disabilities,

[[Page 18338]]

     in accordance with the application for the project approved 
     by the Secretary, and such dwelling units shall, during such 
     period, be made available for occupancy only by persons and 
     households described in paragraph (2)(D).
       ``(6) Report.--Upon the expiration of the 5-year period 
     beginning on the date of the enactment of the Frank Melville 
     Supportive Housing Investment Act of 2009, the Secretary 
     shall submit to the Congress a report describing the 
     demonstration program under this subsection, analyzing the 
     effectiveness of the program, including the effectiveness of 
     the program compared to the program for capital advances in 
     accordance with subsection (d)(1) (as in effect pursuant to 
     the amendments made by such Act), and making recommendations 
     regarding future models for assistance under this section 
     based upon the experiences under the program.''.

     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 (l) (as so redesignated by section 4(1) 
     of this Act)--
       (A) in paragraph (1), by inserting before the period at the 
     end of the first sentence the following: ``, which provides a 
     separate bedroom for each tenant of the residence'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2)(A) The term `person with disabilities' means a person 
     who is 18 years of age or older and less than 62 years of 
     age, who--
       ``(i) has a disability as defined in section 223 of the 
     Social Security Act;
       ``(ii) is determined, pursuant to regulations issued by the 
     Secretary, to have a physical, mental, or emotional 
     impairment which--
       ``(I) is expected to be of long-continued and indefinite 
     duration;
       ``(II) substantially impedes his or her ability to live 
     independently; and
       ``(III) is of such a nature that such ability could be 
     improved by more suitable housing conditions; or
       ``(iii) has a developmental disability as defined in 
     section 102 of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000.
       ``(B) Such term shall not exclude persons who have the 
     disease of acquired immunodeficiency syndrome or any 
     conditions arising from the etiologic agent for acquired 
     immunodeficiency syndrome. Notwithstanding any other 
     provision of law, no individual shall be considered a person 
     with disabilities, for purposes of eligibility for low-income 
     housing under this title, solely on the basis of any drug or 
     alcohol dependence. The Secretary shall consult with other 
     appropriate Federal agencies to implement the preceding 
     sentence.
       ``(C) The Secretary shall prescribe such regulations as may 
     be necessary to prevent abuses in determining, under the 
     definitions contained in this paragraph, the eligibility of 
     families and persons for admission to and occupancy of 
     housing assisted under this section. Notwithstanding the 
     preceding provisions of this paragraph, the term `person with 
     disabilities' includes two or more persons with disabilities 
     living together, one or more such persons living with another 
     person who is determined (under regulations prescribed by the 
     Secretary) to be important to their care or well-being, and 
     the surviving member or members of any household described in 
     subparagraph (A) who were living, in a unit assisted under 
     this section, with the deceased member of the household at 
     the time of his or her death.'';
       (C) by striking paragraph (3) and 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
       (ii) in the matter inserted by the amendment made by clause 
     (i) of this subparagraph, by striking ``wholly owned and''; 
     and
       (8) in subsection (m) (as so redesignated by section 4(1) 
     of this Act)--
       (A) in paragraph (2), by striking ``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 (n) of section 811 (as so redesignated by 
     section 4(1) of this Act) is amended to read as follows:
       ``(n) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2010 through 2014 
     the following amounts:
       ``(1) Capital advance/prac program.--For providing 
     assistance pursuant to subsection (b), such sums as may be 
     necessary.
       ``(2) Demonstration program.--For carrying out the 
     demonstration program under subsection (k), such sums as may 
     be necessary to provide 2,500 incremental dwelling units 
     under such program in each of fiscal years 2010 and 2011 and 
     5,000 incremental dwelling units under such program in each 
     of fiscal years 2012, 2013, and 2014.''.

     SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE.

       Not later than the expiration of the 180-day period 
     beginning on the date of the enactment of this Act, the 
     Secretary of Housing and Urban Development shall issue new 
     regulations and guidance for the program under section 811 of 
     the Cranston-Gonzalez National Affordable Housing Act (42 
     U.S.C. 8013) for supportive housing for persons with 
     disabilities to carry out such program in accordance with the 
     amendments made by this Act.

     SEC. 8. GAO STUDY.

       The Comptroller General of the United States shall conduct 
     a study of the supportive housing for persons with 
     disabilities program under section 811 of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 8013) to 
     determine the adequacy and effectiveness of such program in 
     assisting households of persons with 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

[[Page 18339]]

     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 
Florida (Mr. Grayson) and the gentleman from Florida (Mr. Posey) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Grayson).


                             General Leave

  Mr. GRAYSON. Mr. 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 Florida?
  There was no objection.
  Mr. GRAYSON. Mr. Speaker, I yield myself 1 minute.
  I rise to bring H.R. 1675, the Frank Melville Supportive Housing 
Investment Act of 2009, up for consideration.
  I am happy to support H.R. 1675 which would reauthorize and reform 
section 811 of the Department of Housing and Urban Development. In 
doing so, this bill will allow for Federal funds to be used to leverage 
additional funding to build more housing units for low-income, disabled 
individuals.
  Mr. Speaker, I yield the balance of my time to the gentleman from 
Connecticut (Mr. Murphy) and I ask unanimous consent that he be 
permitted to control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MURPHY of Connecticut. I yield myself such time as I may consume.
  Mr. Speaker, I would like to thank Representative Grayson for his 
graciousness in allowing me to control the time on this bill.
  As he mentioned, this bill is the Frank Melville Supportive Housing 
Investment Act of 2009. This bill is a reauthorization and improvement 
of our Nation's existing section 811 supportive housing program. This 
House passed a nearly identical bill last year. It unfortunately didn't 
get past the United States Senate. So we reintroduced it and hope to 
see it through the full extent of the process this year.
  Before I talk a little bit about the underlying bill and the 
importance of the issue which it addresses, let me thank a few people. 
First, Chairman Frank and Subcommittee Chairwoman Waters have been 
instrumental over the last 7 years in helping us bring this very 
important bill to the floor, as well as Ranking Member Capito on the 
Republican side. But really the largest thanks is to my cosponsor in 
this legislation, Representative Biggert of Illinois. She has, for the 
full extent of her career, been a supporter of supportive housing, 
which I will describe as our Nation's most important housing program 
for individuals with physical and mental disabilities. I'm really 
honored to have been able to cosponsor this legislation with 
Representative Biggert and am very pleased that it's back before the 
House today.
  Mr. Speaker, what is the 811 program? The 811 program is this 
Nation's supportive housing program that allows for Federal funds to be 
used to build supportive housing for individuals with physical and 
mental disabilities. It is a program which has meant a great deal to an 
unfortunately limited number of individuals that have benefited from 
it.
  What is supportive housing? Supportive housing, very simply, is 
housing for individuals that have certain disabilities that allows them 
to live independently on their own leading full, productive lives in 
the communities with a small amount of community support around them. A 
unit of supportive housing, either on site or in the community, will 
have connected to it the job skills, the social work, the medication-
adherence individuals and support services that are necessary for 
people that have complex physical or complex mental illness to be able 
to live on their own. These people can live in the community; they just 
need a little bit of help to do it.
  The measure of this government, the measure of this Nation is how we 
treat those amongst us who, through no fault of their own, have been 
born with a certain illness--whether it be mental or physical--that 
doesn't give them the access to the apparatus of opportunity the rest 
of us have. Supportive housing, which gives that fundamental life 
building block--a roof over your head, a bed to sleep in at night--to 
those individuals is one of the most important things that we can do as 
a compassionate Nation.
  The problem is that over the course of the last 5 to 10 years, the 
811 program just has not been working. HUD tells us that there are 1.3 
million individuals with disabilities in this country who are living in 
substandard housing. The 811 program, over the last several years, has 
only built about a thousand new units despite all of the resources that 
it has. And it is taking right now upwards of 6 years for a supportive 
housing project funded with 811 dollars to move from the application 
stage to the completion stage. This is unacceptable. Representative 
Biggert has been a great spokesperson for this for years, and the 
culmination of her work and the advocacy community's work is this 
legislation.
  This bill fixes the 811 program as well as reauthorizes it. It does 
this in a number of ways. First, it takes all of the vouchers that have 
traditionally been used to fund individuals who are looking for 
supportive housing, it takes those vouchers, which have been very 
inefficiently administered by the 811 program, and moves them to the 
broader section 8 program. The section 8 program is much better 
equipped to track these vouchers and make sure they are actually being 
used by people with disabilities. That has been a big problem through 
that program within the section 811 program.
  That money that is now freed up by moving those vouchers over into 
the section 8 program is now going to be used to build new units. 
That's really what we need to do here. We need to build more capacity 
in the system--1.3 million living in inappropriate living; we need more 
of it for them.
  It also will use that money in more creative ways. Instead of just 
building a full apartment complex with supportive housing in it, it's 
now going to work with developers who might have affordable housing 
projects currently underway to have them build in to that complex two 
or three or four or five units of supportive housing to allow for more 
scattered site housing throughout the community leveraging existing 
affordable housing projects to build in scattered site supportive 
housing projects.
  And lastly, it cuts a lot of the red tape and bureaucracy that has 
restrained applications from moving forward, chiefly by allowing State 
affordable housing agencies to do a lot of the bureaucratic work that 
right now is being performed by Housing and Urban Development here in 
Washington, D.C. We think that through the passage of this Act, we can 
triple the number of supportive housing units that are built across the 
country with this 811 program. And I think by doing so, we will do 
justice by the individual whose name is on this Act.
  Mr. Speaker, this Act is called the Frank Melville Supportive Housing 
Investment Act. Frank Melville was a constituent of mine. He and his 
widowed wife, Ellen, started the Melville Charitable Trust which funds 
much of the affordable housing and supportive housing advocacy work in 
the Northeast and throughout this country. Frank Melville is no longer 
with us, but this bill--which we hope to pass today and bring to the 
Senate for its consideration--does justice to his legacy.
  I commend this bill to the House for passage. I think it is going to 
do so much to live up to the initial promise of this Nation's 
commitment to individuals with physical and mental disabilities.
  I reserve the balance of my time.
  Mr. POSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, unfortunately Congresswoman Biggert is unable to be here 
today, but I would like to take this opportunity to recognize her work 
on this legislation.

[[Page 18340]]

  As an original cosponsor, I know she has worked hard to ensure that 
the section 811 program continues to be an effective solution to the 
housing needs of very low-income persons with disabilities.
  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.
  H.R. 1675 restructures the section 811 program in a way that provides 
for a continued creation of permanent supportive housing and provides 
rental assistance that would make housing affordable for very low-
income individuals with disabilities.
  This bill will improve the section 811 disabled housing program by 
streamlining and simplifying the 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. This legislation is identical to H.R. 5772, which 
passed the House during the 110th Congress.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MURPHY of Connecticut. Mr. Speaker, just briefly to close. In 
Connecticut during the course of my work in the State legislature, a 
lot of us would occasionally don a button that said ``keep the 
promise.'' That was a reminder to us that when we deinstitutionalized 
those with mental illness, that we had a promise to them to make sure 
that they had humane and responsible housing in the community. This 
bill I think does just that. It helps us keep that promise to those 
people living with mental and physical disability that we are going to 
find them appropriate and supportive housing in the community.
  I thank Representative Posey for his support and Representative 
Biggert for her advocacy.
  Mr. FRELINGHUYSEN. Mr. Speaker, I would like to express my strong 
support for H.R. 1675, the Frank Melville Supportive Housing Act. I 
commend Representatives Christopher Murphy (CT) and Judy Biggert (IL) 
for introducing this bill and I also thank my colleagues on the 
Financial Services Committee for passing this bill and bringing it to 
the floor this week.
  Mr. Speaker, as you know, this legislation makes several important 
changes to the Section 811 Supportive Housing for Persons with 
Disabilities program. This bill is strongly supported by a wide array 
of disability advocacy groups, in particular the Consortium for 
Citizens with Disabilities (CCD), a group of 100 national disability 
organizations which includes The Arc of the United States, United 
Cerebral Palsy, the National Disability Rights Network, the American 
Network of Community Options and Resources, the National Alliance on 
Mental Illness, Easter Seals, United Spinal Association, the National 
Multiple Sclerosis Society and the Brain Injury Association.
  John Chafee--the late Senator from Rhode Island and a true champion 
for disabled Americans--always made it clear that ``your abilities, not 
your disabilities, will determine your future.'' As a recipient of the 
John Chafee Leadership in Public Policy Award in 2002, I am always 
mindful of his vision.
  I have long advocated for public housing programs, particularly for 
those that would benefit those with disabilities. Disabled Americans, 
like all Americans, deserve equal access to fundamental resources such 
as housing. In particular, I worked to ensure that vouchers were not 
lost when disabled people moved.
  An estimated 50,000 non-elderly, disabled vouchers were funded by 
Congress between FY 1997 and FY 2001. Funding for these vouchers is 
estimated at $250-$275 million annually. Approximately 400 Public 
Housing Authorities (PHAs) administer these vouchers.
  These incremental vouchers for non-elderly, disabled individuals and 
families were intended to replace housing for non-elderly people with 
disabilities lost as a result of the ``elderly only'' designation of 
public and assisted housing since 1993.
  The CCD Housing Task Force estimated that the loss due to this 
designation has approached 500,000 units since 1992, including 100,000 
public housing units and 400,000 assisted housing units.
  To correct HUD's misinterpretation of Congressional intent, the House 
of Representatives has gone on the record on numerous occasions since 
2000. Congress has clarified the policy that ``turnover'' vouchers 
should continue to be provided to certain people with disabilities as 
provided by Congress.
  Language was included both in advisory reports for appropriations 
bills, and following continued inaction by HUD, actual bill language 
that was included in Conference reports signed by the President.
  It was not until February 2005 that HUD issued guidance to PHAs 
detailing their ongoing obligation to ensure that these vouchers remain 
targeted upon turnover to the disabled population Congress intended.
  Therefore, we've been fortunate to finally make ``real'' progress for 
disabled Americans. Through efforts in Congress, including my work on 
the House Appropriations Committee, each of the Fiscal Year 2008 and 
2009 Omnibus Appropriations bills included $30 million for new 
incremental vouchers to be specifically targeted towards disabled and 
homeless veteran populations.
  This will insure that existing vouchers for those populations are not 
rolled over into ``mainstream'' voucher programs that primarily benefit 
older Americans.
  This legislation greatly reforms the Section 811 program, including 
new programs to remove outdated regulatory barriers and better track 
the status of vouchers that are currently in use. By doing so, this 
bill greatly expands on recent progress that the Congress has made with 
regard to our nation's housing programs.
  Again, Mr. Speaker, similar legislation was unanimously passed by the 
House under Suspension of the Rules in September 2008 and I am happy to 
see that the current Congress has made it a priority to see this 
legislation become law.
  Mr. MURPHY of Connecticut. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Grayson) that the House suspend the rules 
and pass the bill, H.R. 1675.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. POSEY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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