42 U.S.C. § 8012 — Hope for elderly independence

Page 7517 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8012 The Alaska Native Claims Settlement Act, referred to in subsec. (k)(9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which com- prises this chapter. Section is comprised of section 802 of Pub. L. 101–625. Subsec. (p) of section 802 of Pub. L. 101–625 amended section 1437g of this title. November 28, 1990, referred to in subsecs. (i)(1)(B)(i) and (m), was in the original ‘‘the date of the enactment of this Act’’ and November 5, 1990, referred to in subsec. (j)(3), was in the original ‘‘the date of the enactment of this section’’, see Effective Date note below. AMENDMENTS 2008—Subsec. (d)(2)(A). Pub. L. 110–246, § 4002(b)(1)(N), (2)(LL), substituted ‘‘Supplemental nutrition assist- ance program benefits’’ for ‘‘Food stamps’’ in heading. Subsec. (d)(2)(A)(i)(I). Pub. L. 110–246, § 4002(b)(1)(B), (2)(LL), made technical amendment to reference in original act which appears in text as reference to sec- tion 2018 of title 7. Subsec. (d)(2)(A)(i)(II). Pub. L. 110–246, § 4115(c)(2)(I), struck out ‘‘(as defined in section 2012(e) of title 7)’’ after ‘‘benefits’’. Pub. L. 110–246, § 4115(c)(1)(A)(i), (B)(vi), substituted ‘‘benefits’’ for ‘‘coupons’’. 1992—Subsec. (d)(4). Pub. L. 102–550, § 672, inserted after first sentence of concluding provisions ‘‘Such qualifications and standards shall include requiring each service coordinator to be trained in the aging process, elder services, disability services, eligibility for and procedures of Federal and applicable State enti- tlement programs, legal liability issues relating to pro- viding service coordination, drug and alcohol use and abuse by the elderly, and mental health issues.’’ Subsec. (i)(1)(B)(i). Pub. L. 102–550, § 604(b), sub- stituted ‘‘6-year’’ for ‘‘3-year’’ in two places. Subsec. (n)(1). Pub. L. 102–550, § 604(a), in introductory provisions, substituted provisions authorizing appro- priations for fiscal years 1993 and 1994 for provisions au- thorizing appropriations of $25,000,000 for fiscal year 1991 and $26,100,000 for fiscal year 1992. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(B), (N), (2)(LL) and 4115(c)(1)(A)(i), (B)(vi), (2)(I) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as oth- erwise provided, see section 13642 of this title. EFFECTIVE DATE This section was enacted as part of Pub. L. 101–625, which was approved Nov. 28, 1990. However, this section was deemed enacted as of Nov. 5, 1990, by Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1358, set out as an Effective Date of 1990 Amendment note under section 1701q of Title 12, Banks and Banking. REGULATIONS Pub. L. 102–550, title VI, § 604(c), Oct. 28, 1992, 106 Stat. 3805, provided that: ‘‘(1) INTERIM REGULATIONS.—Not later than the expi- ration of the 30-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], the Secretary of Housing and Urban Development and the Secretary of Agriculture shall submit to the Congress a copy of pro- posed interim regulations implementing section 802 of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 8011] with respect to eligible federally as- sisted housing (as such term is defined in section 802(k) of such Act) administered by each such Secretary. Not later than the expiration of the 45-day period beginning on the date of the enactment of this Act, but not before the expiration of the 15-day period beginning upon the submission of the proposed interim regulations to the Congress, each such Secretary shall publish interim regulations implementing such section 802, which shall take effect upon publication. ‘‘(2) FINAL REGULATIONS.—Not later than the expira- tion of the 90-day period beginning upon the publica- tion of interim regulations under paragraph (1), each such Secretary shall issue final regulations imple- menting section 802 of the Cranston-Gonzalez National Affordable Housing Act after notice and opportunity for public comment regarding the interim regulations, pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment under such section 553 shall be not less than 60 days, and the final regulations shall take effect upon issuance. ‘‘(3) FAILURE UNDER 1990 ACT.—This subsection may not be construed to authorize any failure to comply with the requirements of section 802(m) of the Cran- ston-Gonzalez National Affordable Housing Act.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 8012. Hope for elderly independence (a) Purpose The purpose of this section is to establish a demonstration program to test the effectiveness of combining housing certificates and vouchers with supportive services to assist frail elderly persons to continue to live independently. The demonstration program under this section shall terminate upon the expiration of the 5-year pe- riod determined by the Secretary. (b) Housing assistance In connection with this demonstration, the Secretary of Housing and Urban Development may enter into contracts with public housing agencies to provide not more than 1,500 incre- mental vouchers and certificates under sections 1437f(b) and 1437f(o) of this title. A public hous- ing agency may not require that a frail elderly person live in a particular structure or unit, but the agency may restrict the program under this section to a geographic area, where necessary to ensure that the provision of supportive services is feasible. At the end of the demonstration pe- riod, the public housing agency shall give each Page 7518 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8012 1 So in original. The comma probably should precede ‘‘and’’. frail elderly person the option to continue to re- ceive assistance under the housing certificate or voucher program of the agency. In the dem- onstration, the Secretary may also provide for supportive services in connection with existing contracts for housing assistance under sections 1437f(b) and 1437f(o) of this title. (c) Supportive services requirements and match- ing funding (1) Federal, PHA and,1 individual contributions The amount estimated by the public housing agency and approved by the Secretary as nec- essary to provide the supportive services for the demonstration period shall be funded as follows: (A) The Secretary shall provide 40 percent, using amounts appropriated under this sec- tion. (B) The public housing agency shall ensure the provision of at least 50 percent from sources other than under this section. (C) Notwithstanding any other provision of law, each frail elderly person shall pay 10 percent of the costs of the supportive serv- ices that the person receives, except that a frail elderly person may not be required to pay an amount that exceeds 20 percent of the adjusted income (as the term is defined in section 1437a(b)(5) of this title) of such per- son and the Secretary shall provide for the waiver of the requirement to pay costs under this subparagraph for persons whose income is determined to be insufficient to provide for any payment. (D) To the extent that the limitation under subparagraph (C) regarding the per- centage of income frail elderly persons may pay for services will result in collected amounts for any public housing agency of less than 10 percent of the cost of providing the services, 50 percent of such remaining costs shall be provided by the public housing agency and 50 percent of such remaining costs shall be provided by the Secretary from amounts appropriated under this sec- tion. (2) Provision of services for entire demonstra- tion Each public housing agency shall ensure that supportive services appropriate to the needs of the frail elderly persons to be served under this demonstration are provided throughout the demonstration period. Expend- itures for supportive services need not be made in equal amounts for each year, but may vary depending on the needs of the frail elder- ly persons assisted under this section. A public housing agency may use up to 20 percent of the Federal assistance provided for supportive services in each year of this demonstration and any amounts from any prior year in which the public housing agency did not use 20 per- cent of the available Federal assistance. (3) Calculation of match In determining compliance with paragraph (1)(B), an agency may include the value of such items as the Secretary determines to be appropriate, which may include the salary paid to staff to provide supportive services, if such items have a readily discernible market value. (d) Applications An application under this section shall be sub- mitted by a public housing agency in such form and in accordance with such procedures as the Secretary shall establish. The Secretary shall require that an application contain at a min- imum— (1) an application for housing assistance under section 1437f of this title, if necessary, and a description of any such assistance al- ready made available that will be used in the demonstration; (2) a description of the size and characteris- tics of the population of frail elderly persons and of their housing and supportive services needs; (3) a description of the proposed method of determining whether a person qualifies as a frail elderly person (specifying any additional eligibility requirements proposed by the agen- cy), and of selecting frail elderly persons to participate; (4) a statement that the public housing agen- cy will create a professional assessment com- mittee or will work with another entity which will assist the public housing agency in identi- fying and providing only services that each frail elderly person needs to remain living independently; (5) a description of the mechanisms for de- veloping housing and supportive services plans for each person and for monitoring the per- son’s progress in meeting that plan; (6) the identity of the proposed service pro- viders and a statement of qualifications; (7) a description of the supportive services the public housing agency proposes to make available for the frail elderly persons to be served, the estimated costs of such services, a description of the resources that are expected to be made available to cover the portion of the costs required by subsection (c)(1); (8) assurances satisfactory to the Secretary that the supportive services will be provided for the demonstration period; (9) the plan for coordinating the provision of housing assistance and supportive services; (10) a description of how the public housing agency will ensure that the service providers are providing supportive services, at a reason- able cost, adequate to meet the needs of the persons to be served; (11) a plan for continuing supportive services to frail elderly persons that continue to re- ceive housing assistance under section 1437f of this title after the end of the demonstration period; and (12) a statement that the application has been developed in consultation with the area agency on aging under title III of the Older Americans Act of 1965 [42 U.S.C. 3021 et seq.] and that the public housing agency will peri- odically consult with the area agency during the demonstration. Page 7519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8012 2 See References in Text note below. (e) Selection (1) Criteria The Secretary shall establish selection cri- teria for a national competition for assistance under this section, which shall include— (A) the ability of the public housing agen- cy to develop and operate the proposed hous- ing assistance and supportive services pro- gram; (B) the need for a program providing both housing assistance and supportive services for frail elderly persons in the area to be served; (C) the quality of the proposed program for providing supportive services; (D) the extent to which the proposed fund- ing for the supportive services is or will be available; (E) the extent to which the program would meet the needs of the frail elderly persons proposed to be served by the program; and (F) such other factors as the Secretary specifies to be appropriate for purposes of carrying out the demonstration program es- tablished by this section in an effective and efficient manner. (2) Consultation with HHS In reviewing the applications, the Secretary shall consult with the Secretary of Health and Human Services with respect to the supportive services aspects. (3) Funding limitations No more than 10 percent of the assistance made available under this section may be used for programs located within any one unit of general local government. (f) Required agreements The Secretary may not approve any assistance for any program under this section unless the public housing agency agrees— (1) to operate the proposed program in ac- cordance with the program requirements es- tablished by the Secretary; (2) to conduct an ongoing assessment of the housing assistance and supportive services re- quired by each frail elderly person partici- pating in the program; (3) to ensure the adequate provision of sup- portive services, at a reasonable cost, to each frail elderly person participating in the pro- gram; and (4) to comply with such other terms and con- ditions as the Secretary may establish for pur- poses of carrying out the program in an effec- tive and efficient manner. (g) Definitions For purposes of this section: (1) The term ‘‘demonstration period’’ means the 5-year period referred to in subsection (a). (2) The term ‘‘elderly person’’ means a per- son who is at least 62 years of age. (3) The term ‘‘frail elderly person’’ means an elderly person who is unable to perform at least 3 activities of daily living adopted by the Secretary for purposes of this program. Own- ers may establish additional eligibility re- quirements (acceptable to the Secretary) based on the standards in local supportive services programs. (4) The term ‘‘professional assessment com- mittee’’ means a group of at least 3 persons appointed by a public housing agency which shall include at least 1 qualified medical pro- fessional and other persons professionally competent to appraise the functional abilities of the frail elderly in relation to the perform- ance of activities of daily living. (5) The term ‘‘public housing agency’’ has the meaning given such term in section 1437a(b)(6) of this title. The term includes an Indian Housing Authority, as defined in sec- tion 1437a(b)(11) 2 of this title. (6) The term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (7) The term ‘‘supportive services’’— (A) means assistance, that the Secretary determines— (i) addresses the special needs of frail el- derly persons; and (ii) provides appropriate supportive serv- ices or assists such persons in obtaining appropriate services, including personal care, case management services, transpor- tation, meal services, counseling, super- vision, and other services essential for achieving and maintaining independent living; and (B) does not include medical services, as determined by the Secretary. (h) Multifamily project demonstration (1) In general In addition to the demonstration program authorized by the preceding provisions of this section, the Secretary shall conduct a dem- onstration in one Federal region, subject to the terms and conditions of this subsection, to determine the feasibility of using housing as- sistance under section 1437f of this title to as- sist elderly persons who may become frail to live independently in housing specifically de- signed for occupancy by such persons in suffi- cient proportion to achieve economies of scale in the provision of services and facilities. (2) Section 1437f allocation From amounts provided pursuant to sub- section (j) and subject to availability in appro- priation Acts, the Secretary shall enter into a contract with a public housing agency to pro- vide housing assistance under section 1437f(b) of this title to assist elderly persons in at least 75 percent of the units in a single hous- ing project with more than 100 units. (3) Section 1437f terms The assistance payment contract under sec- tion 1437f of this title shall be attached to the structure and shall be in an initial term of 5 years. The contract shall (at the option of the public housing agency and subject to avail- ability of amounts approved in appropriations Acts) be renewable for 3 additional 5-year terms. Rents for units in the project assisted pursuant to this subsection shall be subject to the rent limitations in effect for the area under section 1437f of this title for projects for the elderly receiving loans under section 1701q of title 12. Page 7520 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 (4) Supportive services The Secretary shall allocate, for the project assisted pursuant to this subsection, a reason- able portion of the amounts appropriated pur- suant to the authorization for funds for sup- portive services in subsection (k), based on the estimated number of project residents who will be frail elderly individuals during the 5- year period beginning on the date of initial oc- cupancy of the project. Grants for supportive services may be used to assist any occupant in the demonstration project who is a frail elder- ly individual. Grants for supportive services under this subsection shall be subject to the other terms and conditions specified in this section. (5) Applications An application for assistance under this sub- section may be submitted by any unit of gen- eral local government with a population under 50,000 and shall contain such information as the Secretary deems appropriate. (6) Selection The Secretary shall select one application for funding under this subsection based on the following criteria: (A) The number of elderly persons residing in the applicant’s jurisdiction. (B) The extent of existing housing con- structed prior to 1940 in the applicant’s ju- risdiction. (C) The number of elderly persons living in adjacent projects to whom the services and facilities provided by the project would be available. (D) The level of State and local contribu- tions toward the cost of developing the project and of providing supportive services. (E) The project’s contribution to neighbor- hood improvement. (i) Report The Secretary shall submit to Congress an an- nual report evaluating the effectiveness of the demonstrations under this section. The report shall include a statement of the number of per- sons served, the types of services provided, the cost of providing such services, and any other information the Secretary considers appropriate in evaluating the demonstration. (j) Section 1437f funding The budget authority available under section 1437c(c) of this title for assistance under sec- tions 1437f(b) and 1437f(o) of this title is author- ized to be increased by $38,288,000 on or after Oc- tober 1, 1992, and by $39,896,096 on or after Octo- ber 1, 1993. The amounts made available under this subsection shall be used only in connection with the demonstration under this section. (k) Funding for services There are authorized to be appropriated for the Secretary to carry out the responsibilities for supportive services under the demonstra- tions under this section $10,000,000 to become available in fiscal year 1993, and $10,420,000 to be- come available in fiscal year 1994. Any such amounts appropriated under this subsection shall remain available until expended. (l) Implementation Not later than the expiration of the 180-day period beginning on the date that funds author- ized for the demonstrations under this section first become available for obligation, the Sec- retary shall by notice establish such require- ments as may be necessary to carry out the demonstration programs authorized under this section. (Pub. L. 101–625, title VIII, § 803, Nov. 28, 1990, 104 Stat. 4317; Pub. L. 102–550, title VI, § 605, Oct. 28, 1992, 106 Stat. 3806.) Editorial Notes REFERENCES IN TEXT The Older Americans Act of 1965, referred to in sub- sec. (d)(12), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218. Title III of the Act is classified generally to subchapter III (§ 3021 et seq.) of chapter 35 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. Section 1437a(b)(11) of this title, referred to in subsec. (g)(5), was repealed by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new sec- tion 1437a(b)(11), defining ‘‘public housing agency plan’’, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524. CODIFICATION Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which com- prises this chapter. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550, § 605(c)(1), sub- stituted ‘‘determined by the Secretary’’ for ‘‘beginning on November 28, 1990’’. Subsec. (g)(1). Pub. L. 102–550, § 605(c)(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘demonstration period’ means the period be- ginning on November 28, 1990, and ending upon the ter- mination date under subsection (a).’’ Subsec. (j). Pub. L. 102–550, § 605(a), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: ‘‘The Secretary may provide assistance under sections 1437f(b) and 1437f(o) of this title in connection with the demonstrations under this section, in an amount not to exceed $34,000,000 for fiscal year 1991, and $35,500,000 for fiscal year 1992, subject to the approval of sufficient amounts in appropriations Acts under sec- tion 1437c of this title.’’ Subsec. (k). Pub. L. 102–550, § 605(b), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: ‘‘There are authorized to be appropriated for the Secretary to carry out the responsibilities for sup- portive services under the demonstrations under this section, $10,000,000 to become available in fiscal year 1991, and $10,400,000 to become available in fiscal year 1992, and remain available until expended.’’ § 8013. Supportive housing for persons with dis- abilities (a) Purpose The purpose of this section is to enable per- sons with disabilities to live with dignity and independence within their communities by ex- panding the supply of supportive housing that— (1) is designed to accommodate the special needs of such persons; (2) makes available supportive services that address the individual health, mental health, and other needs of such persons; and