
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8012]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 89--CONGREGATE HOUSING SERVICES
 
Sec. 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 period 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 incremental vouchers and certificates 
under sections 1437f(b) and 1437f(o) of this title. A public housing 
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 period, the public housing agency shall give each frail 
elderly person the option to continue to receive assistance under the 
housing certificate or voucher program of the agency. In the 
demonstration, the Secretary may also provide for supportive services in 
connection with existing contracts for housing assistance under sections 
1437f(b) and 1437f(o) of this title.

(c) Supportive services requirements and matching funding

          (1) Federal, PHA and,\1\ individual contributions
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    \1\ So in original. The comma probably should precede ``and''.
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        The amount estimated by the public housing agency and approved 
    by the Secretary as necessary to provide the supportive services for 
    the demonstration period shall be funded as follows:
            (A) The Secretary shall provide 40 percent, using amounts 
        appropriated under this section.
            (B) The public housing agency shall ensure the provision of 
        at least 50 percent from sources other than under this section.
            (C) Notwithstanding any other provision of law, each frail 
        elderly person shall pay 10 percent of the costs of the 
        supportive services that the person receives, except that a 
        frail elderly person may not be required to pay an amount that 
        exceeds 20 percent of the adjusted income (as the term is 
        defined in section 1437a(b)(5) of this title) of such person and 
        the Secretary shall provide for the waiver of the requirement to 
        pay costs under this subparagraph for persons whose income is 
        determined to be insufficient to provide for any payment.
            (D) To the extent that the limitation under subparagraph (C) 
        regarding the percentage of income frail elderly persons may pay 
        for services will result in collected amounts for any public 
        housing agency of less than 10 percent of the cost of providing 
        the services, 50 percent of such remaining costs shall be 
        provided by the public housing agency and 50 percent of such 
        remaining costs shall be provided by the Secretary from amounts 
        appropriated under this section.

         (2) Provision of services for entire demonstration

        Each public housing agency shall ensure that supportive services 
    appropriate to the needs of the frail elderly persons to be served 
    under this demonstration are provided throughout the demonstration 
    period. Expenditures for supportive services need not be made in 
    equal amounts for each year, but may vary depending on the needs of 
    the frail elderly persons assisted under this section. A public 
    housing agency may use up to 20 percent of the Federal assistance 
    provided for supportive services in each year of this demonstration 
    and any amounts from any prior year in which the public housing 
    agency did not use 20 percent of the available Federal assistance.

                      (3) Calculation of match

        In determining compliance with paragraph (1)(B), an agency may 
    include the value of such items as the Secretary determines to be 
    appropriate, which may include the salary paid to staff to provide 
    supportive services, if such items have a readily discernible market 
    value.

(d) Applications

    An application under this section shall be submitted by a public 
housing agency in such form and in accordance with such procedures as 
the Secretary shall establish. The Secretary shall require that an 
application contain at a minimum--
        (1) an application for housing assistance under section 1437f of 
    this title, if necessary, and a description of any such assistance 
    already made available that will be used in the demonstration;
        (2) a description of the size and characteristics of the 
    population of frail elderly persons and of their housing and 
    supportive services needs;
        (3) a description of the proposed method of determining whether 
    a person qualifies as a frail elderly person (specifying any 
    additional eligibility requirements proposed by the agency), and of 
    selecting frail elderly persons to participate;
        (4) a statement that the public housing agency will create a 
    professional assessment committee or will work with another entity 
    which will assist the public housing agency in identifying and 
    providing only services that each frail elderly person needs to 
    remain living independently;
        (5) a description of the mechanisms for developing housing and 
    supportive services plans for each person and for monitoring the 
    person's progress in meeting that plan;
        (6) the identity of the proposed service providers and a 
    statement of qualifications;
        (7) a description of the supportive services the public housing 
    agency proposes to make available for the frail elderly persons to 
    be served, the estimated costs of such services, a description of 
    the resources that are expected to be made available to cover the 
    portion of the costs required by subsection (c)(1) of this section;
        (8) assurances satisfactory to the Secretary that the supportive 
    services will be provided for the demonstration period;
        (9) the plan for coordinating the provision of housing 
    assistance and supportive services;
        (10) a description of how the public housing agency will ensure 
    that the service providers are providing supportive services, at a 
    reasonable cost, adequate to meet the needs of the persons to be 
    served;
        (11) a plan for continuing supportive services to frail elderly 
    persons that continue to receive housing assistance under section 
    1437f of this title after the end of the demonstration period; and
        (12) a statement that the application has been developed in 
    consultation with the area agency on aging under title III of the 
    Older Americans Act of 1965 [42 U.S.C. 3021 et seq.] and that the 
    public housing agency will periodically consult with the area agency 
    during the demonstration.

(e) Selection

                            (1) Criteria

        The Secretary shall establish selection criteria for a national 
    competition for assistance under this section, which shall include--
            (A) the ability of the public housing agency to develop and 
        operate the proposed housing assistance and supportive services 
        program;
            (B) the need for a program providing both housing assistance 
        and supportive services for frail elderly persons in the area to 
        be served;
            (C) the quality of the proposed program for providing 
        supportive services;
            (D) the extent to which the proposed funding for the 
        supportive services is or will be available;
            (E) the extent to which the program would meet the needs of 
        the frail elderly persons proposed to be served by the program; 
        and
            (F) such other factors as the Secretary specifies to be 
        appropriate for purposes of carrying out the demonstration 
        program established by this section in an effective and 
        efficient manner.

                      (2) Consultation with HHS

        In reviewing the applications, the Secretary shall consult with 
    the Secretary of Health and Human Services with respect to the 
    supportive services aspects.

                       (3) Funding limitations

        No more than 10 percent of the assistance made available under 
    this section may be used for programs located within any one unit of 
    general local government.

(f) Required agreements

    The Secretary may not approve any assistance for any program under 
this section unless the public housing agency agrees--
        (1) to operate the proposed program in accordance with the 
    program requirements established by the Secretary;
        (2) to conduct an ongoing assessment of the housing assistance 
    and supportive services required by each frail elderly person 
    participating in the program;
        (3) to ensure the adequate provision of supportive services, at 
    a reasonable cost, to each frail elderly person participating in the 
    program; and
        (4) to comply with such other terms and conditions as the 
    Secretary may establish for purposes of carrying out the program in 
    an effective and efficient manner.

(g) Definitions

    For purposes of this section:
        (1) The term ``demonstration period'' means the 5-year period 
    referred to in subsection (a) of this section.
        (2) The term ``elderly person'' means a person who is at least 
    62 years of age.
        (3) The term ``frail elderly person'' means an elderly person 
    who is unable to perform at least 3 activities of daily living 
    adopted by the Secretary for purposes of this program. Owners may 
    establish additional eligibility requirements (acceptable to the 
    Secretary) based on the standards in local supportive services 
    programs.
        (4) The term ``professional assessment committee'' means a group 
    of at least 3 persons appointed by a public housing agency which 
    shall include at least 1 qualified medical professional and other 
    persons professionally competent to appraise the functional 
    abilities of the frail elderly in relation to the performance of 
    activities of daily living.
        (5) The term ``public housing agency'' has the meaning given 
    such term in section 1437a(b)(6) of this title. The term includes an 
    Indian Housing Authority, as defined in section 1437a(b)(11) \2\ of 
    this title.
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    \2\ See References in Text note below.
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        (6) The term ``Secretary'' means the Secretary of Housing and 
    Urban Development.
        (7) The term ``supportive services''--
            (A) means assistance, that the Secretary determines--
                (i) addresses the special needs of frail elderly 
            persons; and
                (ii) provides appropriate supportive services or assists 
            such persons in obtaining appropriate services, including 
            personal care, case management services, transportation, 
            meal services, counseling, supervision, and other services 
            essential for achieving and maintaining independent living; 
            and

            (B) does not include medical services, as determined by the 
        Secretary.

(h) Multifamily project demonstration

                           (1) In general

        In addition to the demonstration program authorized by the 
    preceding provisions of this section, the Secretary shall conduct a 
    demonstration in one Federal region, subject to the terms and 
    conditions of this subsection, to determine the feasibility of using 
    housing assistance under section 1437f of this title to assist 
    elderly persons who may become frail to live independently in 
    housing specifically designed for occupancy by such persons in 
    sufficient proportion to achieve economies of scale in the provision 
    of services and facilities.

                    (2) Section 1437f allocation

        From amounts provided pursuant to subsection (j) of this section 
    and subject to availability in appropriation Acts, the Secretary 
    shall enter into a contract with a public housing agency to provide 
    housing assistance under section 1437f(b) of this title to assist 
    elderly persons in at least 75 percent of the units in a single 
    housing project with more than 100 units.

                       (3) Section 1437f terms

        The assistance payment contract under section 1437f of this 
    title shall be attached to the structure and shall be in an initial 
    term of 5 years. The contract shall (at the option of the public 
    housing agency and subject to availability of amounts approved in 
    appropriations Acts) be renewable for 3 additional 5-year terms. 
    Rents for units in the project assisted pursuant to this subsection 
    shall be subject to the rent limitations in effect for the area 
    under section 1437f of this title for projects for the elderly 
    receiving loans under section 1701q of title 12.

                       (4) Supportive services

        The Secretary shall allocate, for the project assisted pursuant 
    to this subsection, a reasonable portion of the amounts appropriated 
    pursuant to the authorization for funds for supportive services in 
    subsection (k) of this section, based on the estimated number of 
    project residents who will be frail elderly individuals during the 
    5-year period beginning on the date of initial occupancy of the 
    project. Grants for supportive services may be used to assist any 
    occupant in the demonstration project who is a frail elderly 
    individual. Grants for supportive services under this subsection 
    shall be subject to the other terms and conditions specified in this 
    section.

                          (5) Applications

        An application for assistance under this subsection may be 
    submitted by any unit of general local government with a population 
    under 50,000 and shall contain such information as the Secretary 
    deems appropriate.

                            (6) Selection

        The Secretary shall select one application for funding under 
    this subsection based on the following criteria:
            (A) The number of elderly persons residing in the 
        applicant's jurisdiction.
            (B) The extent of existing housing constructed prior to 1940 
        in the applicant's jurisdiction.
            (C) The number of elderly persons living in adjacent 
        projects to whom the services and facilities provided by the 
        project would be available.
            (D) The level of State and local contributions toward the 
        cost of developing the project and of providing supportive 
        services.
            (E) The project's contribution to neighborhood improvement.

(i) Report

    The Secretary shall submit to Congress an annual report evaluating 
the effectiveness of the demonstrations under this section. The report 
shall include a statement of the number of persons served, the types of 
services provided, the cost of providing such services, and any other 
information the Secretary considers appropriate in evaluating the 
demonstration.

(j) Section 1437f funding

    The budget authority available under section 1437c(c) of this title 
for assistance under sections 1437f(b) and 1437f(o) of this title is 
authorized to be increased by $38,288,000 on or after October 1, 1992, 
and by $39,896,096 on or after October 1, 1993. The amounts made 
available under this subsection shall be used only in connection with 
the demonstration under this section.

(k) Funding for services

    There are authorized to be appropriated for the Secretary to carry 
out the responsibilities for supportive services under the 
demonstrations under this section $10,000,000 to become available in 
fiscal year 1993, and $10,420,000 to become available in fiscal year 
1994. Any such amounts appropriated under this subsection shall remain 
available until expended.

(l) Implementation

    Not later than the expiration of the 180-day period beginning on the 
date that funds authorized for the demonstrations under this section 
first become available for obligation, the Secretary shall by notice 
establish such requirements as may be necessary to carry out the 
demonstration programs authorized under this section.

(Pub. L. 101-625, title VIII, Sec. 803, Nov. 28, 1990, 104 Stat. 4317; 
Pub. L. 102-550, title VI, Sec. 605, Oct. 28, 1992, 106 Stat. 3806.)

                       References in Text

    The Older Americans Act of 1965, referred to in subsec. (d)(12), 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 this title and 
Tables.
    Section 1437a(b)(11) of this title, referred to in subsec. (g)(5), 
was repealed by Pub. L. 104-330, title V, Sec. 501(b)(1)(D), Oct. 26, 
1996, 110 Stat. 4041, and a new section 1437a(b)(11), defining ``public 
housing agency plan'', was enacted by Pub. L. 105-276, title V, 
Sec. 506(4), Oct. 21, 1998, 112 Stat. 2524.

                          Codification

    Section was enacted as part of the Cranston-Gonzalez National 
Affordable Housing Act, and not as part of the Congregate Housing 
Services Act of 1978 which comprises this chapter.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-550, Sec. 605(c)(1), substituted 
``determined by the Secretary'' for ``beginning on November 28, 1990''.
    Subsec. (g)(1). Pub. L. 102-550, Sec. 605(c)(2), added par. (1) and 
struck out former par. (1) which read as follows: ``The term 
`demonstration period' means the period beginning on November 28, 1990, 
and ending upon the termination date under subsection (a) of this 
section.''
    Subsec. (j). Pub. L. 102-550, Sec. 605(a), amended subsec. (j) 
generally. Prior to amendment, subsec. (j) read as follows: ``The 
Secretary may provide assistance under sections 1437f(b) and 1437f(o) of 
this title in connection with the demonstrations under this section, in 
an amount not to exceed $34,000,000 for fiscal year 1991, and 
$35,500,000 for fiscal year 1992, subject to the approval of sufficient 
amounts in appropriations Acts under section 1437c of this title.''
    Subsec. (k). Pub. L. 102-550, Sec. 605(b), amended subsec. (k) 
generally. Prior to amendment, subsec. (k) read as follows: ``There are 
authorized to be appropriated for the Secretary to carry out the 
responsibilities for supportive services under the demonstrations under 
this section, $10,000,000 to become available in fiscal year 1991, and 
$10,400,000 to become available in fiscal year 1992, and remain 
available until expended.''

                  Section Referred to in Other Sections

    This section is referred to in section 8011 of this title.
