42 U.S.C. § 8011 — Revised congregate housing services pro-

Page 7509 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 (3) the prevailing rates of pay for persons employed in similar public occupations by the same employer. (b) Tax treatment of services received No service provided to a public housing resi- dent or to a resident of a housing project as- sisted under section 1701q of title 12 under this chapter, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law. (c) Individuals receiving aid considered resi- dents of own household Individuals receiving services assisted under this chapter shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law. (d) Regulations The Secretary may issue regulations to carry out the provisions of this chapter. (Pub. L. 95–557, title IV, § 410, Oct. 31, 1978, 92 Stat. 2109.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. § 8010. Authorization of appropriations (a) There are authorized to be appropriated to carry out this chapter $10,000,000 for each of the fiscal years 1988 and 1989. (b) Sums appropriated pursuant to this section shall remain available until expended. (Pub. L. 95–557, title IV, § 411, Oct. 31, 1978, 92 Stat. 2110; Pub. L. 98–181, title I [title II, § 224(b)], Nov. 30, 1983, 97 Stat. 1191; Pub. L. 98–479, title I, § 102(f), Oct. 17, 1984, 98 Stat. 2222; Pub. L. 100–242, title I, § 163(a), Feb. 5, 1988, 101 Stat. 1860.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–242 amended subsec. (a) generally, substituting provisions authorizing appro- priations to carry out this chapter for fiscal years 1988 and 1989, for provisions authorizing appropriations to carry out this chapter for fiscal years 1979 through 1982, 1984, and 1985. 1984—Subsec. (a)(4). Pub. L. 98–479 inserted a semi- colon at end. 1983—Subsec. (a)(5), (6). Pub. L. 98–181 added pars. (5) and (6). § 8011. Revised congregate housing services pro- gram (a) Findings and purposes (1) Findings The Congress finds that— (A) the effective provision of congregate services may require the redesign of units and buildings to meet the special physical needs of the frail elderly persons and the creation of congregate space to accommo- date services that enhance independent liv- ing; (B) congregate housing, coordinated with the delivery of supportive services, offers an innovative, proven, and cost-effective means of enabling frail older persons and persons with disabilities to maintain their dignity and independence; (C) independent living with assistance is a preferable housing alternative to institu- tionalization for many frail older persons and persons with disabilities; (D) 365,000 persons in federally assisted housing experience some form of frailty, and the number is expected to increase as the general population ages; (E) an estimated 20 to 30 percent of older adults living in federally assisted housing experience some form of frailty; (F) a large and growing number of frail el- derly residents face premature or unneces- sary institutionalization because of the ab- sence of or deficiencies in the availability, adequacy, coordination, or delivery of sup- portive services; (G) the support service needs of frail resi- dents of assisted housing are beyond the re- sources and experience that housing man- agers have for meeting such needs; (H) supportive services would promote the invaluable option of independent living for nonelderly persons with disabilities in feder- ally assisted housing; (I) approximately 25 percent of congregate housing services program sites provide con- gregate services to young individuals with disabilities; (J) to the extent that institutionalized older adults do not need the full costly sup- port provided by such care, public moneys could be more effectively spent providing the necessary services in a noninstitutional setting; and (K) the Congregate Housing Services Pro- gram, established by Congress in 1978, and similar programs providing in-home services have been effective in preventing unneces- sary institutionalization and encouraging deinstitutionalization. (2) Purposes The purposes of this section are— (A) to provide assistance to retrofit indi- vidual dwelling units and renovate public and common areas in eligible housing to meet the special physical needs of eligible residents; (B) to create and rehabilitate congregate space in or adjacent to such housing to ac- commodate supportive services that enhance independent living; (C) to improve the capacity of manage- ment to assess the service needs of eligible residents, coordinate the provision of sup- portive services that meet the needs of eligi- ble residents and ensure the long-term provi- sion of such services; (D) to provide services in federally assisted housing to prevent premature and inappro- priate institutionalization in a manner that Page 7510 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 1 So in original. Probably should be ‘‘section,’’. respects the dignity of the elderly and per- sons with disabilities; (E) to provide readily available and effi- cient supportive services that provide a choice in supported living arrangements by utilizing the services of an on-site coordi- nator, with emphasis on maintaining a con- tinuum of care for the vulnerable elderly; (F) to improve the quality of life of older Americans living in federally assisted hous- ing; (G) to preserve the viability of existing af- fordable housing projects for lower-income older residents who are aging in place by as- sisting managers of such housing with the difficulties and challenges created by serv- ing older residents; (H) to develop partnerships between the Federal Government and State governments in providing services to the frail elderly and persons with disabilities; and (I) to utilize Federal and State funds in a more cost-effective and humane way in serv- ing the needs of older adults. (b) Contracts for congregate services programs (1) In general The Secretary of Housing and Urban Devel- opment and the Secretary of Agriculture (through Administrator of the Farmers Home Administration) shall enter into contracts with States, Indian tribes, units of general local government and local nonprofit housing sponsors, utilizing any amounts appropriated under subsection (n)— (A) to provide congregate services pro- grams for eligible project residents to pro- mote and encourage maximum independence within a home environment for such resi- dents capable of self-care with appropriate supportive services; or (B) to adapt housing to better accommo- date the physical requirements and service needs of eligible residents. (2) Term of contracts Each contract between the Secretary con- cerned and a State, Indian tribe, or unit of general local government, or local nonprofit housing sponsor, shall be for a term of 5 years and shall be renewable at the expiration of the term, except as otherwise provided in this sec- tion. (c) Reservation of amounts For each State, Indian tribe, unit of general local government, and nonprofit housing spon- sor, receiving a contract under this subsection,1 the Secretary concerned shall reserve a sum equal to the total approved contract amount from the amount authorized and appropriated for the fiscal year in which the notification date of funding approval occurs. (d) Eligible activities (1) In general A congregate services program under this section shall provide meal and other services for eligible project residents (and other resi- dents and nonresidents, as provided in sub- section (e)), as provided in this section, that are coordinated on site. (2) Meal services Congregate services programs assisted under this section shall include meal service ade- quate to meet at least one-third of the daily nutritional needs of eligible project residents, as follows: (A) Supplemental nutrition assistance pro- gram benefits and agricultural commod- ities In providing meal services under this para- graph, each congregate services program— (i) shall— (I) apply for approval as a retail food store under section 2018 of title 7; and (II) if approved under such section, ac- cept benefits as payment from individ- uals to whom such meal services are pro- vided; and (ii) shall request, and use to provide such meal services, agricultural commodities made available without charge by the Sec- retary of Agriculture. (B) Preference for nutrition providers In contracting for or otherwise providing for meal services under this paragraph, each congregate services program shall give pref- erence to any provider of meal services who— (i) receives assistance under title III of the Older Americans Act of 1965 [42 U.S.C. 3021 et seq.]; or (ii) has experience, according to stand- ards as the Secretary shall require, in pro- viding meal services in a housing project under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] or any other program for congregate services. (3) Retrofit and renovation Assistance under this section may be pro- vided with respect to eligible housing for the elderly for— (A) retrofitting of individual dwelling units to meet the special physical needs of current or future residents who are or are expected to be eligible residents, which ret- rofitting may include— (i) widening of doors to allow passage by persons with disabilities in wheelchairs into and within units in the project; (ii) placement of light switches, elec- trical outlets, thermostats and other envi- ronmental controls in accessible locations; (iii) installation of grab bars in bath- rooms or the placement of reinforcements in bathroom walls to allow later installa- tion of grab bars; (iv) redesign of usable kitchens and bath- rooms to permit a person in a wheelchair to maneuver about the space; and (v) such other features of adaptive design that the Secretary finds are appropriate to meet the special needs of such residents; (B) such renovation as is necessary to en- sure that public and common areas are read- ily accessible to and usable by eligible resi- dents; Page 7511 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 2 So in original. Probably should be subsection ‘‘(e)’’. (C) renovation, conversion, or combination of vacant dwelling units to create con- gregate space to accommodate the provision of supportive services to eligible residents; (D) renovation of existing congregate space to accommodate the provision of sup- portive services to eligible residents; and (E) construction or renovation of facilities to create conveniently located congregate space to accommodate the provision of sup- portive services to eligible residents. For purposes of this paragraph, the term ‘‘con- gregate space’’ shall include space for cafe- terias or dining halls, community rooms or buildings, workshops, adult day health facili- ties, or other outpatient health facilities, or other essential service facilities. (4) Service coordinator Assistance under this section may be pro- vided with respect to the employment of one or more individuals (hereinafter referred to as ‘‘service coordinator’’) who may be responsible for— (A) working with the professional assess- ment committee established under sub- section (f) 2 on an ongoing basis to assess the service needs of eligible residents; (B) working with service providers and the professional assessment committee to tailor the provision of services to the needs and characteristics of eligible residents; (C) mobilizing public and private resources to ensure that the qualifying supportive services identified pursuant to subsection (d) can be funded over the time period identified under such subsection; (D) monitoring and evaluating the impact and effectiveness of any supportive service program receiving capital or operating as- sistance under this section; and (E) performing such other duties and func- tions that the Secretary deems appropriate to enable frail elderly persons residing in federally assisted housing to live with dig- nity and independence. The Secretary shall establish such minimum qualifications and standards for the position of service coordinator that the Secretary deems necessary to ensure sound management. Such qualifications and standards shall in- clude requiring each service coordinator to be trained in the aging process, elder services, disability services, eligibility for and proce- dures of Federal and applicable State entitle- ment programs, legal liability issues relating to providing service coordination, drug and al- cohol use and abuse by the elderly, and mental health issues. The Secretary may fund the em- ployment of service coordinators by using amounts appropriated under this section and by permitting owners to use existing sources of funds, including excess project reserves. (5) Other services Congregate services programs assisted under this section may include services for transpor- tation, personal care, dressing, bathing, toileting, housekeeping, chore assistance, non- medical counseling, assessment of the safety of housing units, group and socialization ac- tivities, assistance with medications (in ac- cordance with any applicable State law), case management, personal emergency response, and other services to prevent premature and unnecessary institutionalization of eligible project residents. (6) Determination of needs In determining the services to be provided to eligible project residents under a congregate services program assisted under this section, the program shall provide for consideration of the needs and wants of eligible project resi- dents. (7) Fees (A) Eligible project residents The owner of each eligible housing project shall establish fees for meals and other serv- ices provided under a congregate services program to eligible project residents, which shall be sufficient to provide 10 percent of the costs of the services provided. The Sec- retary concerned shall provide for the waiv- er of fees under this paragraph for individ- uals whose incomes are insufficient to pro- vide for any payment. The fees for meals shall be in the following amounts: (i) Full meal services The fees for residents receiving more than 1 meal per day, 7 days per week, shall be reasonable and shall equal between 10 and 20 percent of the adjusted income of the project resident (as such income is de- termined under section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)]), or the cost of providing the serv- ices, whichever is less. (ii) Less than full meal services The fees for residents receiving meal services less frequently than as described in the preceding sentence shall be in an amount equal to 10 percent of such ad- justed income of the project resident or the cost of providing the services, which- ever is less. (B) Other residents and nonresidents Fees shall be established under this para- graph for residents of eligible housing projects (other than eligible project resi- dents) and for nonresidents that receive services from a congregate services program pursuant to subsection (e). Such fees shall be in an amount equal to the cost of providing the services. (8) Direct and indirect provision of services Any State, Indian tribe, unit of general local government, or nonprofit housing sponsor that receives assistance under this section may provide congregate services directly to eligible project residents or may, by contract or lease, provide such services through other appro- priate agencies or providers. (e) Eligibility for services (1) Eligible project residents Any eligible resident who is a resident of an eligible housing project (or who with dein- Page 7512 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 3 So in original. Probably should be ‘‘certification’’. stitutionalization and appropriate supportive services under this section could become a resident of eligible federally assisted housing) shall be eligible for services under a con- gregate services program assisted under this section. (2) Economic need In providing services under a congregate services program, the program shall give con- sideration to serving eligible project residents with the greatest economic need. (3) Identification (A) In general A professional assessment committee under subparagraph (B) shall identify eligi- ble project residents under paragraph (1) and shall designate services appropriate to the functional abilities and needs of each eligi- ble project resident. The committee shall utilize procedures that ensure that the proc- ess of determining eligibility of individuals for congregate services shall accord such in- dividuals fair treatment and due process and a right of appeal of the determination of eli- gibility, and shall also ensure the confiden- tiality of personal and medical records. (B) Professional assessment committee A professional assessment committee under this section shall consist of not less than 3 individuals, who shall be appointed to the committee by the officials of the eligible housing project responsible for the con- gregate services program, and shall include qualified medical and other health and so- cial services professionals competent to ap- praise the functional abilities of the frail el- derly and persons with disabilities in rela- tion to the performance of tasks of daily liv- ing. (4) Eligibility of other residents The elderly and persons with disabilities who reside in an eligible housing project other than eligible project residents under para- graph (1) may receive services from a con- gregate services program under this section if the housing managers, congregate service co- ordinators, and the professional assessment committee jointly determine that the partici- pation of such individuals will not negatively affect the provision of services to eligible project residents. Residents eligible for serv- ices under this paragraph shall pay fees as pro- vided under subsection (d). (5) Eligibility of nonresidents The Secretary may permit the provision of services to elderly persons and persons with disabilities who are not residents if the par- ticipation of such persons will not adversely affect the cost-effectiveness or operation of the program or add significantly to the need for assistance under this section. (f) Eligible contract recipients and distribution of assistance The Secretary concerned may provide assist- ance under this section and enter into contracts under subsection (b) with— (1) owners of eligible housing; (2) States that submit applications in behalf of owners of eligible housing; and (3) Indian tribes and units of general local government that submit applications on be- half of owners of eligible housing. (g) Applications The funds made available under this section shall be allocated by the Secretary among ap- provable applications submitted by or on behalf of owners. Applications for assistance under this section shall be submitted in such form and in accordance with such procedures as the Sec- retary shall establish. Applications for assist- ance shall contain— (1) a description of the type of assistance the applicant is applying for; (2) in the case of an application involving re- habilitation or retrofit, a description of the activities to be carried out, the number of el- derly persons to be served, the costs of such activities, and evidence of a commitment for the services to be associated with the project; (3) a description of qualifying supportive services that can reasonably be expected to be made available to eligible residents over a 5- year period; (4) a firm commitment from one or more sources of assistance ensuring that some or all of the qualifying supportive services identified under paragraph (3) will be provided for not less than 1 year following the completion of activities assisted under subsection (d); (5) a description of public or private sources of assistance that are likely to fund or provide qualifying supportive services, including evi- dence of any intention to provide assistance expressed by State and local governments, pri- vate foundations, and other organizations (in- cluding for-profit and nonprofit organiza- tions); (6) a certifications 3 from the appropriate State or local agency (as determined by the Secretary) that— (A) the provision of the qualifying sup- portive services identified under paragraph (3) will enable eligible residents to live inde- pendently and avoid unnecessary institu- tionalization, (B) there is a reasonable likelihood that such services will be funded or provided for the entire period specified under paragraph (3), and (C) the agency and the applicant will, dur- ing the term of the contract, actively seek assistance for such services from other sources; (7) a description of any fees that would be es- tablished pursuant to subsection (d); and (8) such other information or certifications that the Secretary determines to be necessary or appropriate to achieve the purposes of this section. The Secretary shall act on each application within 60 days of its submission. Page 7513 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 4 So in original. Probably should be subsection ‘‘(m),’’. 5 So in original. Probably should be ‘‘general local’’. 6 See Codification note below. (h) Selection and evaluation of applications and programs (1) In general Each Secretary concerned shall establish criteria for selecting States, Indian tribes, units of general local government, and local nonprofit housing sponsors to receive assist- ance under this section, and shall select such entities to receive assistance. The criteria for selection shall include consideration of— (A) the extent to which the activities de- scribed in subsection (d)(3) will foster inde- pendent living and the provision of such services; (B) the types and priorities of the basic services proposed to be provided, the appro- priateness of the targeting of services, the methods of providing for deinstitutionalized older individuals and individuals with dis- abilities, and the relationship of the pro- posal to the needs and characteristics of the eligible residents of the projects where the services are to be provided; (C) the schedule for establishment of serv- ices following approval of the application; (D) the degree to which local social serv- ices are adequate for the purpose of assisting eligible project residents to maintain inde- pendent living and avoid unnecessary insti- tutionalization; (E) the professional qualifications of the members of the professional assessment committee; (F) the reasonableness and application of fees schedules established for congregate services; (G) the adequacy and accuracy of the pro- posed budgets; and (H) the extent to which the owner will pro- vide funds from other services in excess of that required by this section. (2) Evaluation of provision of congregate serv- ices programs The Secretary of Housing and Urban Devel- opment and the Secretary of Agriculture shall, by regulation under subsection (n),4 es- tablish procedures for States, Indian tribes, and units of general local government receiv- ing assistance under this section— (A) to review and evaluate the perform- ance of the congregate services programs of eligible housing projects receiving assist- ance under this section in such State; and (B) to submit annually, to the Secretary concerned, a report evaluating the impact and effectiveness of congregate services pro- grams in the entity assisted under this sec- tion. (i) Congregate services program funding (1) Cost distribution (A) Contribution requirement In providing contracts under subsection (b), each Secretary concerned shall provide for the cost of providing the congregate services program assisted under this section to be distributed as follows: (i) Each State, Indian tribe, unit of gen- eral 5 government, or nonprofit housing sponsor that receives amounts under a contract under subsection (b) shall supple- ment any such amount with amounts suffi- cient to provide 50 percent of the cost of providing the congregate services pro- gram. Any monetary or in-kind contribu- tions received by a congregate services program under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] may be considered for purposes of fulfilling the requirement under this clause. The Secretary concerned shall encourage own- ers to use excess residual receipts to the extent available to supplement funds for retrofit and supportive services under this section. (ii) The Secretary concerned shall pro- vide 40 percent of the cost, with amounts under contracts under subsection (b). (iii) Fees under subsection (d)(7) shall provide 10 percent of the cost. (B) Exceptions (i) For any congregate services program that was receiving assistance under a con- tract under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] on Novem- ber 28, 1990,6 the unit of general local govern- ment or nonprofit housing sponsor, in co- ordination with a local government with re- spect to such program shall not be subject to the requirement to provide supplemental contributions under subparagraph (A)(i) (for such program) for the 6-year period begin- ning on the expiration of the contract for such assistance. The Secretary concerned shall require each such program to main- tain, for such 6-year period, the same dollar amount of annual contributions in support of the services eligible for assistance under this section as were contributed to such pro- gram during the year preceding November 28, 1990.6 (ii) To the extent that the limitations under subsection (d)(7) regarding the per- centage of income eligible residents may pay for services will result in collected fees for any congregate services program of less than 10 percent of the cost of providing the pro- gram, 50 percent of such remaining costs shall be provided by the recipient of amounts under the contract and 50 percent of such remaining costs shall be provided by the Secretary concerned under such con- tract. (C) Eligible supplemental contributions If provided by the State, Indian tribe, unit of general local government, or local non- profit housing sponsor, any salary paid to staff from governmental sources to carry out the program of the recipient and salary paid to residents employed by the program (other than from amounts under a contract under subsection (b) of this section), and any other in-kind contributions from govern- mental sources shall be considered as supple- Page 7514 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 7 So in original. Probably should be ‘‘or’’. mental contributions for purposes of meet- ing the supplemental contribution require- ment under subparagraph (A)(i), except that the amount of in-kind contributions consid- ered for purposes of fulfilling such contribu- tion requirement may not exceed 10 percent of the total amount to be provided by the State, Indian tribe, local government, or local nonprofit housing sponsor. (D) Prohibition of substitution of funds The Secretary concerned shall require each State, Indian tribe, unit of general local government, and local nonprofit hous- ing sponsor, that receives assistance under this section to maintain the same dollar amount of annual contribution that such State, Indian tribe, local government, or sponsor was making, if any, in support of services eligible for assistance under this section before the date of the submission of the application for such assistance. (E) Limitation For purposes of complying with the re- quirement under subparagraph (A)(i), the ap- propriate Secretary concerned may not con- sider any amounts contributed or provided by any local government to any State re- ceiving assistance under this section that exceed 10 percent of the amount required of the State under subparagraph (A)(i). (2) Consultation The Secretary shall consult with the Sec- retary of Health and Human Services regard- ing the availability of assistance from other Federal programs to support services under this section and shall make information avail- able to applicants for assistance under this section. (j) Miscellaneous provisions (1) Use of residents in providing services Each housing project that receives assist- ance under this section shall, to the maximum extent practicable, utilize the elderly and per- sons with disabilities who are residents of the housing project, but who are not eligible project residents, to participate in providing the services provided under congregate serv- ices programs under this section. Such indi- viduals shall be paid wages that shall not be lower than the higher of— (A) the minimum wage that would be ap- plicable to the employee under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.], if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)] applied to the resident and if the resident were not exempt under section 13 of such Act [29 U.S.C. 213]; (B) the State of 7 local minimum wage for the most nearly comparable covered employ- ment; or (C) the prevailing rates of pay for persons employed in similar public occupations by the same employer. (2) Effect of services Except for wages paid under paragraph (1) of this subsection, services provided to a resident of an eligible housing project under a con- gregate services program under this section may not be considered as income for the pur- pose of determining eligibility for or the amount of assistance or aid furnished under any Federal, federally assisted, or State pro- gram based on need. (3) Eligibility and priority for 1978 Act recipi- ents Notwithstanding any other provision of this section, any public housing agency, housing assisted under section 1701q of title 12, or non- profit corporation that was receiving assist- ance under a contract under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] on November 5, 1990,6 shall (subject to ap- proval and allocation of sufficient amounts under the Congregate Housing Services Act of 1978 and appropriations Acts under such Act) receive assistance under the Congregate Hous- ing Services Act of 1978 for the remainder of the term of the contract for assistance for such agency or corporation under such Act, and shall receive priority for assistance under this section after the expiration of such pe- riod. (4) Administrative cost limitation A recipient of assistance under this section may not use more than 10 percent of the sum of such assistance and the contribution amounts required under subsection (i)(1)(A)(i) for administrative costs and shall ensure that any entity to which the recipient distributes amounts from such sum may not expend more than a reasonable amount from such distrib- uted amounts for administrative costs. Ad- ministrative costs may not include any cap- ital expenses. (k) Definitions For purposes of this section: (1) The term ‘‘activity of daily living’’ means an activity regularly necessary for per- sonal care and includes bathing, dressing, eat- ing, getting in and out of bed and chairs, walk- ing, going outdoors, and using the toilet. (2) The term ‘‘case management’’ means as- sessment of the needs of a resident, ensuring access to and coordination of services for the resident, monitoring delivery of services to the resident, and periodic reassessment to en- sure that services provided are appropriate to the needs and wants of the resident. (3) The term ‘‘congregate housing’’ means low-rent housing that is connected to a cen- tral dining facility where wholesome and eco- nomical meals can be served to the residents. (4) The term ‘‘congregate services’’ means services described in subsection (d) of this sec- tion. (5) The term ‘‘congregate services program’’ means a program assisted under this section undertaken by an eligible housing project to provide congregate services to eligible resi- dents. (6) The term ‘‘eligible housing project’’ means— (A) public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)]) and lower in- Page 7515 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 8 See References in Text note below. 9 So in original. Probably should be preceded by a closing pa- renthesis. come housing developed or operated pursu- ant to a contract between the Secretary of Housing and Urban Development and an In- dian housing authority under title II 8 of the United States Housing Act of 1937; (B) housing assisted under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] with a contract that is attached to the structure under subsection (d)(2) of such sec- tion or with a contract entered into in con- nection with the new construction or mod- erate rehabilitation of the structure under section 8(b)(2) of the United States Housing Act,8 as such section existed before October 1, 1983; (C) housing assisted under section 1701q of title 12; (D) housing assisted under section 1715l(d) or 1715z–1 of title 12, with respect to which the owner has made a binding commitment to the Secretary of Housing and Urban De- velopment not to prepay the mortgage or terminate the insurance contract under sec- tion 1715t of title 12 (unless the binding com- mitments have been made to extend the low- income use restrictions relating to such housing for the remaining useful life of the housing); (E) housing assisted under section 1484 or 1485 of this title, with respect to which the owner has made a binding commitment to the Secretary of Agriculture not to prepay or refinance the mortgage (unless the bind- ing commitments have been made to extend the low-income use restrictions relating to such housing for not less than the 20-year period under section 1472(c)(4) of this title); and (F) housing assisted under section 1486 of this title. (7) The term ‘‘eligible resident’’ means a per- son residing in eligible housing for the elderly who qualifies under the definition of frail el- derly, person with disabilities (regardless of whether the person is elderly), or temporarily disabled. (8) The term ‘‘frail elderly’’ means an elderly person who is unable to perform at least 3 ac- tivities of daily living adopted by the Sec- retary for purposes of this program. Owners may establish additional eligibility require- ments (acceptable to the Secretary) based on the standards in local supportive services pro- grams. (9) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional corporation as de- fined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their sta- tus as Indians. (10) The term ‘‘instrumental activity of daily living’’ means a regularly necessary home management activity and includes pre- paring meals, shopping for personal items, managing money, using the telephone, and performing light or heavy housework. (11) The term ‘‘local nonprofit housing spon- sor’’ includes public housing agencies (as such term is defined in section 3(b)(6) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(6)].9 (12) The term ‘‘nonprofit’’, as applied to an organization, means no part of the net earn- ings of the organization inures, or may law- fully inure, to the benefit of any private share- holder or individual. (13) The term ‘‘elderly person’’ means a per- son who is at least 62 years of age. (14) The term ‘‘person with disabilities’’ has the meaning given the term by section 8013 of this title. (15) The term ‘‘professional assessment com- mittee’’ means a committee established under subsection (e)(3)(B). (16) The term ‘‘qualifying supportive serv- ices’’ means new or significantly expanded services that the Secretary deems essential to enable eligible residents to live independently and avoid unnecessary institutionalization. Such services may include but not be limited to (A) meal service adequate to meet nutri- tional need; (B) housekeeping aid; (C) personal assistance (which may include, but is not lim- ited to, aid given to eligible residents in grooming, dressing, and other activities which maintain personal appearance and hygiene); (D) transportation services; (E) health-related services; and (F) personal emergency response systems; the owner may provide the qualifying services directly to eligible residents or may, by contract or lease, provide such services through other appropriate agencies or pro- viders. (17) The term ‘‘Secretary concerned’’ means— (A) the Secretary of Housing and Urban Development, with respect to eligible feder- ally assisted housing administered by such Secretary; and (B) the Secretary of Agriculture, with re- spect to eligible federally assisted housing administered by the Administrator of the Farmers Home Administration. (18) The term ‘‘State’’ means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Com- monwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (19) The term ‘‘temporarily disabled’’ means having an impairment that— (A) is expected to be of no more than 6 months duration; and (B) impedes the ability of the individual to live independently unless the individual re- ceives congregate services. (20) The term ‘‘unit of general local govern- ment’’— (A) means any city, town, township, coun- ty, parish, village, or other general purpose political subdivision of a State; and Page 7516 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8011 10 So in original. Probably should be subsection ‘‘(h)(1)(B).’’ 11 So in original. Probably should be ‘‘report’’. 12 So in original. The colon probably should be a semicolon. (B) includes a unit of general government acting as an applicant for assistance under this section in cooperation with a nonprofit housing sponsor and a nonprofit housing sponsor acting as an applicant for assistance under this section in cooperation with a unit of general local government, as provided under subsection (g)(1)(B).10 (l) Reports to Congress (1) In general Each Secretary concerned shall submit to the Congress, for each fiscal year for which as- sistance is provided for congregate services programs under this section, an annual re- port— (A) describing the activities being carried out with assistance under this section and the population being served by such activi- ties; (B) evaluating the effectiveness of the pro- gram of providing assistance for congregate services under this section, and a compari- son of the effectiveness of the program under this section with the HOPE for Elderly Inde- pendence Program under section 8012 of this title; and (C) containing any other information that the Secretary concerned considers helpful to the Congress in evaluating the effectiveness of this section. (2) Submission of data to Secretary concerned The Secretary of Housing and Urban Devel- opment and the Secretary of Agriculture shall provide, by regulation under subsection (m), for the submission of data by recipients of as- sistance under this section to be used in the repeat 11 required by paragraph (1). (m) Regulations The Secretary of Housing and Urban Develop- ment and the Secretary of Agriculture shall, not later than the expiration of the 180-day period beginning on November 28, 1990, jointly issue any regulations necessary to carry out this sec- tion. (n) Authorization of appropriations (1) Authorization and use There are authorized to be appropriated to carry out this section $21,000,000 for fiscal year 1993, and $21,882,000 for fiscal year 1994, of which not more than— (A) the amount of such sums appropriated that, with respect to the total amount ap- propriated, represents the ratio of the total number of units of eligible federally assisted housing for elderly individuals assisted by programs administered by the Secretary of Housing and Urban Development to the total number of units assisted by programs ad- ministered by such Secretary and the Sec- retary of Agriculture, shall be used for as- sistance for congregate services programs in eligible federally assisted housing adminis- tered by the Secretary of Housing and Urban Development: 12 and (B) the amount of such sums appropriated that, with respect to the total amount ap- propriated, represents the ratio of the total number of units of eligible federally assisted housing for elderly individuals assisted by programs administered by the Secretary of Agriculture to the total number of units as- sisted by programs administered by such Secretary and the Secretary of Housing and Urban Development, shall be used for assist- ance for congregate services programs in eli- gible federally assisted housing administered by the Secretary of Agriculture (through the Administrator of the Farmers Home Admin- istration). (2) Availability Any amounts appropriated under this sub- section shall remain available until expended. (o) Reserve fund The Secretary may reserve not more than 5 percent of the amounts made available in each fiscal year to supplement grants awarded to owners under this section when, in the deter- mination of the Secretary, such supplemental adjustments are required to maintain adequate levels of services to eligible residents. (Pub. L. 101–625, title VIII, § 802, Nov. 28, 1990, 104 Stat. 4304; Pub. L. 102–550, title VI, §§ 604(a), (b), 672, Oct. 28, 1992, 106 Stat. 3805, 3826; Pub. L. 110–234, title IV, §§ 4002(b)(1)(B), (N), (2)(LL), 4115(c)(1)(A)(i), (B)(vi), (2)(I), May 22, 2008, 122 Stat. 1096, 1098, 1109, 1110; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(B), (N), (2)(LL), 4115(c)(1)(A)(i), (B)(vi), (2)(I), June 18, 2008, 122 Stat. 1664, 1857–1859, 1870, 1871.) Editorial Notes REFERENCES IN TEXT The Older Americans Act of 1965, referred to in sub- sec. (d)(2)(B)(i), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218. Title III of the Act is classified generally to sub- chapter III (§ 3021 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables. The Congregate Housing Services Act of 1978, referred to in subsecs. (d)(2)(B)(ii), (i)(1)(A)(i), (B)(i), and (j)(3), is title IV of Pub. L. 95–557, Oct. 31, 1978, 92 Stat. 2104, which is classified principally to this chapter (§ 8001 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 8001 of this title and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (j)(1)(A), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified principally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Ta- bles. The United States Housing Act of 1937, referred to in subsec. (k)(6)(A), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title II of the Act, which was classi- fied generally to subchapter II (§ 1437aa et seq.) of chap- ter 8 of this title, was repealed by Pub. L. 104–330, title V, § 501(a), Oct. 26, 1996, 110 Stat. 4041. For complete classification of this Act to the Code, see Short title note set out under section 1437 of this title and Tables. Section 8(b)(2) of the United States Housing Act, re- ferred to in subsec. (k)(6)(B), probably means section 8(b)(2) of the United States Housing Act of 1937, which was classified to section 1437f(b)(2) of this title and was repealed by Pub. L. 98–181, title I [title II, § 209(a)(2)], Nov. 30, 1983, 97 Stat. 1183. 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