| Home > 106th Congressional Bills > H.R. 2030 (ih) To amend title XVIII of the Social Security Act to improve the process by which the Secretary of Health and Human Services makes coverage determinations for items and services furnished under the Medicare Program, and for other purposes. [I...
H.R. 2030 (ih) To amend title XVIII of the Social Security Act to improve the process by which the Secretary of Health and Human Services makes coverage determinations for items and services furnished under the Medicare Program, and for other purposes. [I...
106th CONGRESS 1st Session H. R. 202 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 28, 1999 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ AN ACT To provide for the preservation of assisted housing for low-income elderly persons, disabled persons, and other families. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Regulations. Sec. 3. Effective date. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY Sec. 101. Conversion of financing Sec. 102. Prepayment and refinancing. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES Sec. 201. Supportive housing for elderly persons. Sec. 202. Supportive housing for persons with disabilities. Sec. 203. Service coordinators and congregate services for elderly and disabled housing. TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS WITH DISABILITIES Subtitle A--Housing for the Elderly Sec. 301. Matching grant program. Sec. 302. Eligibility of for-profit limited partnerships. Sec. 303. Mixed funding sources. Sec. 304. Authority to acquire structures. Sec. 305. Mixed-income occupancy. Sec. 306. Use of project reserves. Sec. 307. Commercial activities. Sec. 308. Mixed finance pilot program. Sec. 309. Grants for conversion of elderly housing to assisted living facilities. Sec. 310. Grants for conversion of public housing projects to assisted living facilities. Sec. 311. Use of section 8 assistance for assisted living facilities. Sec. 312. Annual HUD inventory of assisted housing designated for elderly persons. Sec. 313. Treatment of applications. Subtitle B--Housing for Persons With Disabilities Sec. 321. Matching grant program. Sec. 322. Eligibility of for-profit limited partnerships. Sec. 323. Mixed funding sources. Sec. 324. Tenant-based assistance. Sec. 325. Project size. Sec. 326. Use of project reserves. Sec. 327. Commercial activities. Subtitle C--Other Provisions Sec. 341. Service coordinators. Sec. 342. Commission on Affordable Housing and Health Care Facility Needs in the 21st Century. TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND PROTECTION OF RESIDENTS Sec. 401. Findings and purpose. Sec. 402. Renewal of expiring contracts and enhanced vouchers for project residents. Sec. 403. Section 236 assistance. Sec. 404. Matching grant program for affordable housing preservation. Sec. 405. Rehabilitation of assisted housing. Sec. 406. Technical assistance. Sec. 407. Termination of section 8 contract and duration of renewal contract. Sec. 408. Enhanced voucher eligibility for residents of flexible subsidy properties. Sec. 409. Enhanced disposition authority. Sec. 410. Assistance for nonprofit purchasers preserving affordable housing. TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY CONVERSION MORTGAGES Sec. 501. Rehabilitation of existing hospitals, nursing homes, and other facilities. Sec. 502. New health care facilities. Sec. 503. Hospitals and hospital-based health care facilities. Sec. 504. Insurance for mortgages to refinance existing home equity conversion mortgages. SEC. 2. REGULATIONS. The Secretary of Housing and Urban Development shall issue any regulations to carry out this Act and the amendments made by this Act that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553. SEC. 3. EFFECTIVE DATE. (a) In General.--The provisions of this Act and the amendments made by this Act are effective as of the date of the enactment of this Act, unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. (b) Effect of Regulatory Authority.--Any authority in this Act or the amendments made by this Act to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this Act or the amendments made by this Act under such provisions and amendments and subsection (a) of this section. TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY SEC. 101. CONVERSION OF FINANCING (a) In General.--Subject to the provisions of this section, at the request of the owner of a project assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act) and section 8 of the United States Housing Act of 1937 (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)), the Secretary shall convert the financing of any such housing project to financing under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q). In such a conversion, the Secretary shall, if requested by the owner, convert loans made under such section 202 (as in effect before enactment of the Cranston-Gonzalez National Affordable Housing Act), and shall convert section 8 contracts (or such other contracts for rental housing assistance) provided in connection with such loans, into capital advances and project rental assistance under section 202 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act), respectively, in accordance with this section. (b) Debt Forgiveness.-- (1) In general.--Subject to paragraph (2), in converting the financing of any housing project pursuant to this section, the Secretary shall cancel any indebtedness to the Secretary relating to any remaining principal and interest under any loan for the project made under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act). (2) Budget act compliance.--The authority of the Secretary to cancel indebtedness under paragraph (1) shall be effective only to the extent or in such amounts as are or have been provided in advance in appropriation Acts. (c) Cancellation of Rental Assistance Contracts and Use of Project Funds.-- (1) In general.--For each housing project for which debt is canceled under subsection (b) of this section pursuant to a request for conversion under subsection (a), the Secretary shall cancel any contract for rental assistance for the project under section 8 of the United States Housing Act of 1937 (or any other contract for rental housing assistance under a program of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)). (2) Use of unexpended amounts.--Amounts previously obligated for such contract that remain unexpended shall be used as follows: (A) Project rental assistance contract.--Remaining amounts shall be used first, to the extent necessary, to provide rental assistance for the project, under a contract for project rental assistance under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)), that-- (i) has a duration that is not less than the remainder of the section 8 or other rental housing assistance contract canceled; and (ii) provides assistance in an annual amount that is equal to the aggregate amount provided during the last 12-month period under the section 8 or other rental housing assistance contract for the project canceled (pursuant to paragraph (1) of this subsection), less the portion of such assistance that is attributable to debt service for the loan on the project canceled under subsection (b) of this section, subject to an annual adjustment of existing rents under the contract by an operating cost adjustment factor established by the Secretary (which shall not result in a negative adjustment). (B) Credit against loan cancellation.--Amounts remaining after compliance with subparagraph (A) shall, on a fiscal year basis, be transferred to the account covering the loan for the project canceled pursuant to subsection (b) and shall be credited as offsetting collection to such account, in an amount for each fiscal year that is equal to the amount of indebtedness canceled for such year pursuant such subsection. (C) Retrofitting, renovation, and service coordinators.--Any amounts remaining after compliance with subparagraphs (A) and (B) may be used, to the extent the Secretary considers appropriate, to retrofit or renovate the project or provide a service coordinator for residents of the project, to the same extent that such activities are authorized to be provided under section 802 of the Cranston-Gonzalez National Affordable Housing Act to housing assisted under such section. Any such unexpended amounts in excess of the amount used in accordance with subparagraphs (A) through (C) shall be recaptured by the Secretary. (3) Use of project funds.--In converting the financing of any housing project pursuant to this section, the Secretary may authorize the owner of the project to use any residual receipts held for the project that exceed $500 per unit (or such other amount as the Secretary may prescribe based on the needs of the project) in accordance with paragraph (2) to improve the market viability, affordability, or service to low-income elderly residents of the project. (d) Third Party Processing.--The Secretary may enter into contracts with public or private entities as the Secretary considers appropriate to facilitate efficient processing of elderly housing project conversions under this section. (e) Tenant Protections.--Notwithstanding any provision of section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q)-- (1) any tenant who, at the time of the conversion under this section of the financing for a housing project, is lawfully residing in a dwelling unit in the project, may not be considered to be ineligible for continued residency in the project after such date because such tenant is not a very low- income elderly person; and (2) very low-income persons with disabilities (as such term is defined in section 811 of the Cranston-Gonzalez National Affordable Housing Act) shall be eligible for occupancy in such project, and units in the project shall be reserved for occupancy by such persons in not less than the same ratio that units in such project are occupied, upon the date of conversion under this section, by handicapped families (as such term is defined in section 202 of the Housing Act of 1959, as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act). (f) Waiver Authority.--The Secretary may waive the applicability of any provision of law or regulation necessary to carry out this section. (g) Study of Debt Forgiveness.-- (1) In general.--The Secretary shall conduct an analysis of the net impact on the Federal budget deficit or surplus of making available, on a one-time basis, to sponsors of projects assisted under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), forgiveness of any indebtedness to the Secretary relating to any remaining principal and interest under loans made under such section, together with a dollar for dollar reduction in the amount of rental assistance under section 8 of the United States Housing Act of 1937 or other rental assistance provided for such project. Such analysis shall take into consideration the full cost of future appropriations for rental assistance under such section 8 expected to be provided if such debt forgiveness does not take place, notwithstanding current budgetary treatment of such actions pursuant to the Congressional Budget Act of 1974. (2) Report.--Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the quantitative results of the analysis and an enumeration of any project or administrative benefits of such actions. SEC. 102. PREPAYMENT AND REFINANCING. (a) Approval of Prepayment of Debt.--Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston- Gonzalez National Affordable Housing Act), the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which--
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