
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8011]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 89--CONGREGATE HOUSING SERVICES
 
Sec. 8011. Revised congregate housing services program


(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 accommodate services that enhance 
        independent living;
            (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 institutionalization 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 elderly residents 
        face premature or unnecessary institutionalization because of 
        the absence of or deficiencies in the availability, adequacy, 
        coordination, or delivery of supportive services;
            (G) the support service needs of frail residents of assisted 
        housing are beyond the resources and experience that housing 
        managers have for meeting such needs;
            (H) supportive services would promote the invaluable option 
        of independent living for nonelderly persons with disabilities 
        in federally assisted housing;
            (I) approximately 25 percent of congregate housing services 
        program sites provide congregate services to young individuals 
        with disabilities;
            (J) to the extent that institutionalized older adults do not 
        need the full costly support 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 Program, established by 
        Congress in 1978, and similar programs providing in-home 
        services have been effective in preventing unnecessary 
        institutionalization and encouraging deinstitutionalization.

                            (2) Purposes

        The purposes of this section are--
            (A) to provide assistance to retrofit individual 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 accommodate supportive services that 
        enhance independent living;
            (C) to improve the capacity of management to assess the 
        service needs of eligible residents, coordinate the provision of 
        supportive services that meet the needs of eligible residents 
        and ensure the long-term provision of such services;
            (D) to provide services in federally assisted housing to 
        prevent premature and inappropriate institutionalization in a 
        manner that respects the dignity of the elderly and persons with 
        disabilities;
            (E) to provide readily available and efficient supportive 
        services that provide a choice in supported living arrangements 
        by utilizing the services of an on-site coordinator, with 
        emphasis on maintaining a continuum of care for the vulnerable 
        elderly;
            (F) to improve the quality of life of older Americans living 
        in federally assisted housing;
            (G) to preserve the viability of existing affordable housing 
        projects for lower-income older residents who are aging in place 
        by assisting managers of such housing with the difficulties and 
        challenges created by serving 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 serving the needs of older adults.

(b) Contracts for congregate services programs

                           (1) In general

        The Secretary of Housing and Urban Development 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) of this section--
            (A) to provide congregate services programs for eligible 
        project residents to promote and encourage maximum independence 
        within a home environment for such residents capable of self-
        care with appropriate supportive services; or
            (B) to adapt housing to better accommodate the physical 
        requirements and service needs of eligible residents.

                        (2) Term of contracts

        Each contract between the Secretary concerned 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 section.

(c) Reservation of amounts

    For each State, Indian tribe, unit of general local government, and 
nonprofit housing sponsor, 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.
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    \1\ So in original. Probably should be ``section,''.
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(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 
    residents and nonresidents, as provided in subsection (e) of this 
    section), as provided in this section, that are coordinated on site.

                          (2) Meal services

        Congregate services programs assisted under this section shall 
    include meal service adequate to meet at least one-third of the 
    daily nutritional needs of eligible project residents, as follows:

        (A) Food stamps and agricultural commodities

            In providing meal services under this paragraph, 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, accept coupons 
                (as defined in section 2012(e) of title 7) as payment 
                from individuals to whom such meal services are 
                provided; and

                (ii) shall request, and use to provide such meal 
            services, agricultural commodities made available without 
            charge by the Secretary 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 preference 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 standards as the 
            Secretary shall require, in providing 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 provided 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 retrofitting 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, electrical outlets, 
            thermostats and other environmental controls in accessible 
            locations;
                (iii) installation of grab bars in bathrooms or the 
            placement of reinforcements in bathroom walls to allow later 
            installation of grab bars;
                (iv) redesign of usable kitchens and bathrooms 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 ensure that public 
        and common areas are readily accessible to and usable by 
        eligible residents;
            (C) renovation, conversion, or combination of vacant 
        dwelling units to create congregate space to accommodate the 
        provision of supportive services to eligible residents;
            (D) renovation of existing congregate space to accommodate 
        the provision of supportive services to eligible residents; and
            (E) construction or renovation of facilities to create 
        conveniently located congregate space to accommodate the 
        provision of supportive services to eligible residents.

    For purposes of this paragraph, the term ``congregate space'' shall 
    include space for cafeterias or dining halls, community rooms or 
    buildings, workshops, adult day health facilities, or other 
    outpatient health facilities, or other essential service facilities.

                       (4) Service coordinator

        Assistance under this section may be provided 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 assessment committee 
        established under subsection (f) \2\ of this section on an 
        ongoing basis to assess the service needs of eligible residents;
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    \2\ So in original. Probably should be subsection ``(e)''.
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            (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) of this section 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 
        assistance under this section; and
            (E) performing such other duties and functions that the 
        Secretary deems appropriate to enable frail elderly persons 
        residing in federally assisted housing to live with dignity 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 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 
    entitlement programs, legal liability issues relating to providing 
    service coordination, drug and alcohol use and abuse by the elderly, 
    and mental health issues. The Secretary may fund the employment 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 transportation, personal care, dressing, 
    bathing, toileting, housekeeping, chore assistance, nonmedical 
    counseling, assessment of the safety of housing units, group and 
    socialization activities, assistance with medications (in accordance 
    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 residents.

                              (7) Fees

        (A) Eligible project residents

            The owner of each eligible housing project shall establish 
        fees for meals and other services 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 Secretary concerned shall provide for the waiver 
        of fees under this paragraph for individuals whose incomes are 
        insufficient to provide 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 determined under section 
            3(b) of the United States Housing Act of 1937 [42 U.S.C. 
            1437a(b)]), or the cost of providing the services, 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 adjusted income 
            of the project resident or the cost of providing the 
            services, whichever is less.

        (B) Other residents and nonresidents

            Fees shall be established under this paragraph for residents 
        of eligible housing projects (other than eligible project 
        residents) and for nonresidents that receive services from a 
        congregate services program pursuant to subsection (e) of this 
        section. 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 appropriate 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 deinstitutionalization and appropriate 
    supportive services under this section could become a resident of 
    eligible federally assisted housing) shall be eligible for services 
    under a congregate services program assisted under this section.

                          (2) Economic need

        In providing services under a congregate services program, the 
    program shall give consideration to serving eligible project 
    residents with the greatest economic need.

                         (3) Identification

        (A) In general

            A professional assessment committee under subparagraph (B) 
        shall identify eligible project residents under paragraph (1) 
        and shall designate services appropriate to the functional 
        abilities and needs of each eligible project resident. The 
        committee shall utilize procedures that ensure that the process 
        of determining eligibility of individuals for congregate 
        services shall accord such individuals fair treatment and due 
        process and a right of appeal of the determination of 
        eligibility, and shall also ensure the confidentiality 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 congregate services program, and 
        shall include qualified medical and other health and social 
        services professionals competent to appraise the functional 
        abilities of the frail elderly and persons with disabilities in 
        relation to the performance of tasks of daily living.

                 (4) Eligibility of other residents

        The elderly and persons with disabilities who reside in an 
    eligible housing project other than eligible project residents under 
    paragraph (1) may receive services from a congregate services 
    program under this section if the housing managers, congregate 
    service coordinators, and the professional assessment committee 
    jointly determine that the participation of such individuals will 
    not negatively affect the provision of services to eligible project 
    residents. Residents eligible for services under this paragraph 
    shall pay fees as provided under subsection (d) of this section.

                   (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 
    participation 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 assistance under this section 
and enter into contracts under subsection (b) of this section 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 behalf of owners of eligible housing.

(g) Applications

    The funds made available under this section shall be allocated by 
the Secretary among approvable 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 
Secretary shall establish. Applications for assistance shall contain--
        (1) a description of the type of assistance the applicant is 
    applying for;
        (2) in the case of an application involving rehabilitation or 
    retrofit, a description of the activities to be carried out, the 
    number of elderly 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) of this section;
        (5) a description of public or private sources of assistance 
    that are likely to fund or provide qualifying supportive services, 
    including evidence of any intention to provide assistance expressed 
    by State and local governments, private foundations, and other 
    organizations (including for-profit and nonprofit organizations);
        (6) a certifications \3\ from the appropriate State or local 
    agency (as determined by the Secretary) that--
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    \3\ So in original. Probably should be ``certification''.
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            (A) the provision of the qualifying supportive services 
        identified under paragraph (3) will enable eligible residents to 
        live independently and avoid unnecessary institutionalization,
            (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, during the term of 
        the contract, actively seek assistance for such services from 
        other sources;

        (7) a description of any fees that would be established pursuant 
    to subsection (d) of this section; 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.

(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 assistance 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 described in 
        subsection (d)(3) of this section will foster independent living 
        and the provision of such services;
            (B) the types and priorities of the basic services proposed 
        to be provided, the appropriateness of the targeting of 
        services, the methods of providing for deinstitutionalized older 
        individuals and individuals with disabilities, and the 
        relationship of the proposal 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 services following 
        approval of the application;
            (D) the degree to which local social services are adequate 
        for the purpose of assisting eligible project residents to 
        maintain independent living and avoid unnecessary 
        institutionalization;
            (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 proposed budgets; and
            (H) the extent to which the owner will provide funds from 
        other services in excess of that required by this section.

     (2) Evaluation of provision of congregate services programs

        The Secretary of Housing and Urban Development and the Secretary 
    of Agriculture shall, by regulation under subsection (n) \4\ of this 
    section, establish procedures for States, Indian tribes, and units 
    of general local government receiving assistance under this 
    section--
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    \4\ So in original. Probably should be subsection ``(m)''.
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            (A) to review and evaluate the performance of the congregate 
        services programs of eligible housing projects receiving 
        assistance 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 
        programs in the entity assisted under this section.

(i) Congregate services program funding

                        (1) Cost distribution

        (A) Contribution requirement

            In providing contracts under subsection (b) of this section, 
        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 general \5\ 
            government, or nonprofit housing sponsor that receives 
            amounts under a contract under subsection (b) of this 
            section shall supplement any such amount with amounts 
            sufficient to provide 50 percent of the cost of providing 
            the congregate services program. Any monetary or in-kind 
            contributions 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 owners to use excess residual receipts to 
            the extent available to supplement funds for retrofit and 
            supportive services under this section.
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    \5\ So in original. Probably should be ``general local''.
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                (ii) The Secretary concerned shall provide 40 percent of 
            the cost, with amounts under contracts under subsection (b) 
            of this section.
                (iii) Fees under subsection (d)(7) of this section shall 
            provide 10 percent of the cost.

        (B) Exceptions

            (i) For any congregate services program that was receiving 
        assistance under a contract under the Congregate Housing 
        Services Act of 1978 [42 U.S.C. 8001 et seq.] on November 28, 
        1990,\6\ the unit of general local government or nonprofit 
        housing sponsor, in coordination with a local government with 
        respect 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 beginning on the 
        expiration of the contract for such assistance. The Secretary 
        concerned shall require each such program to maintain, 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 program during the year 
        preceding November 28, 1990.\6\
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            (ii) To the extent that the limitations under subsection 
        (d)(7) of this section regarding the percentage 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 program, 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 contract.

        (C) Eligible supplemental contributions

            If provided by the State, Indian tribe, unit of general 
        local government, or local nonprofit 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 governmental sources shall be considered as 
        supplemental contributions for purposes of meeting the 
        supplemental contribution requirement under subparagraph (A)(i), 
        except that the amount of in-kind contributions considered for 
        purposes of fulfilling such contribution 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 
        housing 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 requirement under 
        subparagraph (A)(i), the appropriate Secretary concerned may not 
        consider any amounts contributed or provided by any local 
        government to any State receiving 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 Secretary of Health and 
    Human Services regarding the availability of assistance from other 
    Federal programs to support services under this section and shall 
    make information available to applicants for assistance under this 
    section.

(j) Miscellaneous provisions

             (1) Use of residents in providing services

        Each housing project that receives assistance under this section 
    shall, to the maximum extent practicable, utilize the elderly and 
    persons 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 services programs 
    under this section. Such individuals shall be paid wages that shall 
    not be lower than the higher of--
            (A) the minimum wage that would be applicable 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 employment; or
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    \7\ So in original. Probably should be ``or''.
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            (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 congregate services program under this section may not be 
    considered as income for the purpose of determining eligibility for 
    or the amount of assistance or aid furnished under any Federal, 
    federally assisted, or State program based on need.

        (3) Eligibility and priority for 1978 Act recipients

        Notwithstanding any other provision of this section, any public 
    housing agency, housing assisted under section 1701q of title 12, or 
    nonprofit corporation that was receiving assistance under a contract 
    under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et 
    seq.] on November 5, 1990,\8\ shall (subject to approval and 
    allocation of sufficient amounts under the Congregate Housing 
    Services Act of 1978 and appropriations Acts under such Act) receive 
    assistance under the Congregate Housing 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 period.
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    \8\ See Codification note below.
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                 (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) of this section 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 distributed amounts for administrative 
    costs. Administrative costs may not include any capital expenses.

(k) Definitions

    For purposes of this section:
        (1) The term ``activity of daily living'' means an activity 
    regularly necessary for personal care and includes bathing, 
    dressing, eating, getting in and out of bed and chairs, walking, 
    going outdoors, and using the toilet.
        (2) The term ``case management'' means assessment 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 ensure 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 central dining facility where wholesome and 
    economical meals can be served to the residents.
        (4) The term ``congregate services'' means services described in 
    subsection (d) of this section.
        (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 residents.
        (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 income housing developed or operated pursuant to a 
        contract between the Secretary of Housing and Urban Development 
        and an Indian housing authority under title II \9\ of the United 
        States Housing Act of 1937;
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    \9\ See References in Text note below.
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            (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 
        section or with a contract entered into in connection with the 
        new construction or moderate rehabilitation of the structure 
        under section 8(b)(2) of the United States Housing Act,\9\ 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 Development not 
        to prepay the mortgage or terminate the insurance contract under 
        section 1715t of title 12 (unless the binding commitments 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 binding 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 person residing in 
    eligible housing for the elderly who qualifies under the definition 
    of frail elderly, 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 activities of daily living adopted by 
    the Secretary for purposes of this program. Owners may establish 
    additional eligibility requirements (acceptable to the Secretary) 
    based on the standards in local supportive services programs.
        (9) The term ``Indian tribe'' means any Indian tribe, band, 
    nation, or other organized group or community, including any Alaska 
    Native village or regional corporation as defined 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 status as Indians.
        (10) The term ``instrumental activity of daily living'' means a 
    regularly necessary home management activity and includes preparing 
    meals, shopping for personal items, managing money, using the 
    telephone, and performing light or heavy housework.
        (11) The term ``local nonprofit housing sponsor'' 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)].\10\
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    \10\ So in original. Probably should be preceded by a closing 
parenthesis.
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        (12) The term ``nonprofit'', as applied to an organization, 
    means no part of the net earnings of the organization inures, or may 
    lawfully inure, to the benefit of any private shareholder or 
    individual.
        (13) The term ``elderly person'' means a person 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 committee'' means a 
    committee established under subsection (e)(3)(B) of this section.
        (16) The term ``qualifying supportive services'' 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 nutritional need; 
    (B) housekeeping aid; (C) personal assistance (which may include, 
    but is not limited 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 providers.
        (17) The term ``Secretary concerned'' means--
            (A) the Secretary of Housing and Urban Development, with 
        respect to eligible federally assisted housing administered by 
        such Secretary; and
            (B) the Secretary of Agriculture, with respect 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 
    Commonwealth 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 receives congregate 
        services.

        (20) The term ``unit of general local government''--
            (A) means any city, town, township, county, parish, village, 
        or other general purpose political subdivision of a State; and
            (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) \11\ of this section.
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    \11\ So in original. Probably should be subsection ``(h)(1)(B)''.
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(l) Reports to Congress

                           (1) In general

        Each Secretary concerned shall submit to the Congress, for each 
    fiscal year for which assistance is provided for congregate services 
    programs under this section, an annual report--
            (A) describing the activities being carried out with 
        assistance under this section and the population being served by 
        such activities;
            (B) evaluating the effectiveness of the program of providing 
        assistance for congregate services under this section, and a 
        comparison of the effectiveness of the program under this 
        section with the HOPE for Elderly Independence 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 Development and the Secretary 
    of Agriculture shall provide, by regulation under subsection (m) of 
    this section, for the submission of data by recipients of assistance 
    under this section to be used in the repeat \12\ required by 
    paragraph (1).
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    \12\ So in original. Probably should be ``report''.
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(m) Regulations

    The Secretary of Housing and Urban Development 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 section.

(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 appropriated, 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 administered by such Secretary and 
        the Secretary of Agriculture, shall be used for assistance for 
        congregate services programs in eligible federally assisted 
        housing administered by the Secretary of Housing and Urban 
        Development: \13\ and
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    \13\ So in original. The colon probably should be a semicolon.
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            (B) the amount of such sums appropriated that, with respect 
        to the total amount appropriated, 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 assisted 
        by programs administered by such Secretary and the Secretary of 
        Housing and Urban Development, shall be used for assistance for 
        congregate services programs in eligible federally assisted 
        housing administered by the Secretary of Agriculture (through 
        the Administrator of the Farmers Home Administration).

                          (2) Availability

        Any amounts appropriated under this subsection 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 determination of the Secretary, 
such supplemental adjustments are required to maintain adequate levels 
of services to eligible residents.

(Pub. L. 101-625, title VIII, Sec. 802, Nov. 28, 1990, 104 Stat. 4304; 
Pub. L. 102-550, title VI, Secs. 604(a), (b), 672, Oct. 28, 1992, 106 
Stat. 3805, 3826.)

                       References in Text

    The Older Americans Act of 1965, referred to in subsec. 
(d)(2)(B)(i), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. 
Title III of the Act is classified generally to subchapter III 
(Sec. 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, as amended, which is classified 
principally to this chapter (Sec. 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, as amended, 
which is classified principally to chapter 8 (Sec. 201 et seq.) of Title 
29, Labor. For complete classification of this Act to the Code, see 
section 201 of Title 29 and Tables.
    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, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and 
amended. Title II of the Act, which was classified generally to 
subchapter II (Sec. 1437aa et seq.) of chapter 8 of this title, was 
repealed by Pub. L. 104-330, title V, Sec. 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, referred 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 II, Sec. 209(a)(2), Nov. 
30, 1983, 97 Stat. 1183.
    The Alaska Native Claims Settlement Act, referred to in subsec. 
(k)(9), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, 
which is classified generally to chapter 33 (Sec. 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

    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 comprises 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

    1992--Subsec. (d)(4). Pub. L. 102-550, Sec. 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 entitlement programs, 
legal liability issues relating to providing service coordination, drug 
and alcohol use and abuse by the elderly, and mental health issues.''
    Subsec. (i)(1)(B)(i). Pub. L. 102-550, Sec. 604(b), substituted ``6-
year'' for ``3-year'' in two places.
    Subsec. (n)(1). Pub. L. 102-550, Sec. 604(a), in introductory 
provisions, substituted provisions authorizing appropriations for fiscal 
years 1993 and 1994 for provisions authorizing appropriations of 
$25,000,000 for fiscal year 1991 and $26,100,000 for fiscal year 1992.


                    Effective Date of 1992 Amendment

    Amendment by subtitles B through F of title VI [Secs. 621-685] of 
Pub. L. 102-550 applicable upon expiration of 6-month period beginning 
Oct. 28, 1992, except as otherwise 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

    Section 604(c) of Pub. L. 102-550 provided that:
    ``(1) Interim regulations.--Not later than the expiration 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 proposed interim 
regulations implementing section 802 of the Cranston-Gonzalez National 
Affordable Housing Act [42 U.S.C. 8011] with respect to eligible 
federally assisted 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 expiration of the 90-
day period beginning upon the publication of interim regulations under 
paragraph (1), each such Secretary shall issue final regulations 
implementing 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 Cranston-Gonzalez National Affordable Housing Act.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 1485, 13631 of this title; 
title 12 section 1715w.
