42 USC 8011 - Revised congregate housing services program

1 So in original. Probably should be “section,”.

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.

2 So in original. Probably should be subsection “(e)”.

on an ongoing basis to assess the service needs of eligible residents;

3 So in original. Probably should be “certification”.

from the appropriate State or local agency (as determined by the Secretary) that—

4 So in original. Probably should be subsection “(m),”.

establish procedures for States, Indian tribes, and units of general local government receiving assistance under this section—

5 So in original. Probably should be “general local”.

government, or nonprofit housing sponsor that receives amounts under a contract under subsection (span) 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 [

6 See Codification note below.

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

7 So in original. Probably should be “or”.

local minimum wage for the most nearly comparable covered employment; or

8 See References in Text note below.

of the United States Housing Act of 1937;

9 So in original. Probably should be preceded by a closing parenthesis.

10 So in original. Probably should be subsection “(h)(1)(B).”

11 So in original. Probably should be “report”.

required by paragraph (1).

12 So in original. The colon probably should be a semicolon.

and

Editorial Notes

References in Text

The Older Americans Act of 1965, referred to in subsec. (d)(2)(B)(i), is Puspan. L. 89–73, July 14, 1965, 79 Stat. 218. Title III of the Act is classified generally to subchapter III (§ 3021 et seq.) of chapter 35 of this title. For 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 Puspan. 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 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 Puspan. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, and amended. Title II of the Act, which was classified generally to subchapter II (§ 1437aa et seq.) of chapter 8 of this title, was repealed by Puspan. 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(span)(2) of the United States Housing Act, referred to in subsec. (k)(6)(B), probably means section 8(span)(2) of the United States Housing Act of 1937, which was classified to section 1437f(span)(2) of this title and was repealed by Puspan. L. 98–181, title I [title II, § 209(a)(2)], Nov. 30, 1983, 97 Stat. 1183.

The Alaska Native Claims Settlement Act, referred to in subsec. (k)(9), is Puspan. 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

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. 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 comprises this chapter.

Section is comprised of section 802 of Puspan. L. 101–625. Subsec. (p) of section 802 of Puspan. 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). Puspan. L. 110–246, § 4002(span)(1)(N), (2)(LL), substituted “Supplemental nutrition assistance program benefits” for “Food stamps” in span.

Subsec. (d)(2)(A)(i)(I). Puspan. L. 110–246, § 4002(span)(1)(B), (2)(LL), made technical amendment to reference in original act which appears in text as reference to section 2018 of title 7.

Subsec. (d)(2)(A)(i)(II). Puspan. L. 110–246, § 4115(c)(2)(I), struck out “(as defined in section 2012(e) of title 7)” after “benefits”.

Puspan. L. 110–246, § 4115(c)(1)(A)(i), (B)(vi), substituted “benefits” for “coupons”.

1992—Subsec. (d)(4). Puspan. 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 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). Puspan. L. 102–550, § 604(span), substituted “6-year” for “3-year” in two places.

Subsec. (n)(1). Puspan. L. 102–550, § 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by sections 4002(span)(1)(B), (N), (2)(LL) and 4115(c)(1)(A)(i), (B)(vi), (2)(I) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. 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 Puspan. 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 Puspan. L. 101–625, which was approved Nov. 28, 1990. However, this section was deemed enacted as of Nov. 5, 1990, by Puspan. 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

Puspan. L. 102–550, title VI, § 604(c), Oct. 28, 1992, 106 Stat. 3805, 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), (span)(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.”

Executive Documents

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.