Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legal/us/code/title-42/chapter-89/section-8001.md

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+---
+type: "LegalText"
+title: "42 U.S.C. § 8001"
+description: "Congressional findings"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8001"
+citation: "42 U.S.C. § 8001"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8001"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "d53690ad3bb31899b3ffd6a7e5be909a1fb083bc360159b87e70d5db0444d147"
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+text_hash: "6113d974fcb87ff1ef11b140cc2190ee9856c19c413df1d1cae5efe1d8b911d0"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8001 - Congressional findings
+
+## Text
+
+The Congress finds that—
+
+(1) congregate housing, coordinated with the delivery of supportive services, offers an innovative, proven, and cost-effective means of enabling temporarily disabled or handicapped individuals to maintain their dignity and independence and to avoid costly and unnecessary institutionalization;
+
+(2) a large and growing number of elderly and handicapped residents of public housing projects and of nonprofit projects for the elderly and handicapped face premature and unnecessary institutionalization because of the absence of or deficiencies in the availability, adequacy, coordination, or delivery of the supportive services required for the successful development of adequate numbers of congregate housing projects; and
+
+(3) supplemental supportive services, available on a secure and continuing basis, are essential to a successful congregate housing program.
+
+(Pub. L. 95–557, title IV, § 402, Oct. 31, 1978, 92 Stat. 2104.)
+
+## Notes
+
+Statutory Notes and Related Subsidiaries
+
+Short Title of 2011 AmendmentPub. L. 111–374, § 1(a), Jan. 4, 2011, 124 Stat. 4089, provided that: “This Act [amending section 8013 of this title and enacting provisions set out as a note under section 8013 of this title] may be cited as the ‘Frank Melville Supportive Housing Investment Act of 2010’.”
+
+Short TitlePub. L. 95–557, title IV, § 401, Oct. 31, 1978, 92 Stat. 2104, provided that: “This title [enacting this chapter and amending section 1437e of this title] may be cited as the ‘Congregate Housing Services Act of 1978’.”

legal/us/code/title-42/chapter-89/section-8002.md

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+---
+type: "LegalText"
+title: "42 U.S.C. § 8002"
+description: "Definitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8002"
+citation: "42 U.S.C. § 8002"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8002"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "c6bf72e94b94ecec2bb3f5d59452472bd290cdbf925253c36ff26196fabbe087"
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+text_hash: "cbf65e9972cdf221885c5f9ec2b70274b505ba138879cbded717b0b57eebd8c6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8002 - Definitions
+
+## Text
+
+For the purpose of this chapter—
+
+(1) the term “congregate housing” means (A) low-rent housing which, as of January 1, 1979, was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (B) low-rent housing constructed after, but not under construction prior to, January 1, 1979, connected with which there is a central dining facility to provide wholesome and economical meals for such occupants;
+
+(2) the term “congregate services programs” means programs to be undertaken by a public housing agency or a nonprofit corporation to provide assistance, including personal assistance and nutritional meals, to eligible project residents who, with such assistance, can remain independent and avoid unnecessary institutionalization;
+
+(3) the term “elderly” means sixty-two years of age or over;
+
+(4) the term “eligible project resident” means elderly handicapped individuals, nonelderly handicapped individuals, or temporarily disabled individuals, who are residents of congregate housing projects administered by a public housing agency or by a nonprofit corporation;
+
+(5) the term “handicapped” means having an impairment which (A) is expected to be of long-continued and indefinite duration, and (B) substantially impedes an individual’s ability to live independently unless the individual receives supportive congregate services; such impairment may include a functional disability or frailty which is a normal consequence of the human aging process;
+
+(6) the term “personal assistance” means service provided under this chapter which may include, but is not limited to, aid given to eligible project residents in grooming, dressing, and other activities which maintain personal appearance and hygiene;
+
+(7) the term “professional assessment committee” means a group of at least three persons appointed by a local public housing agency or a nonprofit corporation and shall include qualified medical professionals and other persons professionally competent to appraise the functional abilities of elderly or permanently disabled adult persons, or both, in relation to the performance of the normal tasks of daily living;
+
+(8) the term “temporarily disabled” means an impairment which (A) is expected to be of no more than six months’ duration, and (B) substantially impedes an individual’s ability to live independently unless the individual receives supportive congregate services; and
+
+(9) the term “nonprofit corporation” means any corporation responsible for a housing project assisted under section 1701q of title 12.
+
+(Pub. L. 95–557, title IV, § 403, Oct. 31, 1978, 92 Stat. 2105.)

legal/us/code/title-42/chapter-89/section-8003.md

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+---
+type: "LegalText"
+title: "42 U.S.C. § 8003"
+description: "Contracts to provide congregate services programs"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8003"
+citation: "42 U.S.C. § 8003"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8003"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "f72b5f93ed18a568d3e4f89506473c1f34ead60e9a6a3d716fba3d16a880aa6d"
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+text_hash: "20dc78bd09a2708dc3d49346efca7bf96dcf85b05e4ab0a7e52a5e9045229296"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8003 - Contracts to provide congregate services programs
+
+## Text
+
+The Secretary of Housing and Urban Development (hereinafter referred to as the “Secretary”) is authorized to enter into contracts with local public housing agencies under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] (hereinafter referred to as “public housing agencies”) and with nonprofit corporations, utilizing sums appropriated under this chapter, to provide congregate services programs for eligible project residents in order to promote and encourage maximum independence within a home environment for such residents capable of self-care with appropriate supportive congregate services. Each contract between the Secretary and a public housing agency or nonprofit corporation shall be for a term of not less than three years or more than five years and shall be renewable at the expiration of such term. Each public housing agency or nonprofit corporation entering into such a contract shall be reserved a sum equal to its total approved contract amount from the moneys authorized and appropriated for the fiscal year in which the notification date of funding approval falls.
+
+(Pub. L. 95–557, title IV, § 404, Oct. 31, 1978, 92 Stat. 2106.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

legal/us/code/title-42/chapter-89/section-8004.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8004"
+description: "Congregate services program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8004"
+citation: "42 U.S.C. § 8004"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8004"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "aa77dd1fe79a79b161a6dbcdc52db1acf11fda142fc30a8bd840722358c41ea1"
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+text_hash: "df563c0c348f141e116a2c333d229e1243219cebfa427bba2c4ffbded81bf6c7"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8004 - Congregate services program
+
+## Text
+
+(a) Essential services for maintaining independent living Congregate services programs assisted under this chapter must include full meal service adequate to meet nutritional needs, and may also include housekeeping aid, personal assistance, and other services essential for maintaining independent living.
+
+(b) Duplication of services No services funded under this chapter may duplicate services which are already affordable, accessible, and sufficiently available on a long-term basis to eligible project residents under programs administered by or receiving appropriations through any department, agency, or instrumentality of the Federal Government or any other public or private department, agency, or organization.
+
+(c) Consultation with Area Agency on Aging or other appropriate State agency A public housing agency or nonprofit corporation applying for assistance to provide congregate services to elderly residents shall consult with the Area Agency on Aging (or, where no Area Agency on Aging exists, with the appropriate State agency under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.]) in determining the means of providing services under this chapter and in identifying alternative available sources of funding for such services.
+
+(d) Submission of proposed application to Area Agency on Aging or other appropriate State agency Prior to the submission of a final application for either new or renewed funding under this chapter for the provision of congregate services to elderly residents, a public housing agency and a nonprofit corporation shall present a copy of a proposed application to the Area Agency on Aging (or, where no Area Agency on Aging exists to the appropriate State agency under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.]) for review and comment. Such agency and nonprofit corporation shall consider such review and comment in the development of any final application for either new or renewed funding under this chapter.
+
+(e) Nonelderly handicapped individuals as eligible project residents (1) A public housing agency or nonprofit corporation applying for assistance to provide congregate services to nonelderly handicapped residents shall consult with the appropriate agency, if any, designated by applicable State law as having responsibility for the development, provision, or identification of social services to permanently disabled adults, for the purpose of determining the means of providing services under this chapter and of identifying alternative available sources of funding for such services.
+
+(2) Such public housing agency and nonprofit corporation shall also, prior to the submission of a final application for either new or renewed funding under this chapter, present a copy of the proposed application to such appropriate agency for review and comment. The public housing agency and nonprofit corporation shall consider such review and comment in the development of any final application for either new or renewed funding under this chapter.
+
+(f) Manner of providing congregate services Any nonprofit corporation or public housing agency receiving assistance under this chapter may provide congregate services directly to eligible project residents or may, by contract or lease, provide such services through other appropriate agencies or providers.
+
+(g) Amount of annual contributions of receiving agency Nonprofit corporations and public housing agencies receiving assistance for congregate services programs under this chapter shall be required to maintain the same dollar amount of annual contribution which they were making, if any, in support of the provision of services eligible for assistance under this chapter before the date of the submission of the application for such assistance unless the Secretary determines that the waiver of this requirement is necessary for the maintenance of adequate levels of services to eligible project residents. If any contract or lease entered into by a public housing agency or nonprofit corporation pursuant to subsection (f) of this section provides for adjustments in payments for services to reflect changes in the cost of living, then the amount of annual contribution required to be maintained by such public agency or nonprofit corporation under the preceding sentence shall be readjusted in the same manner.
+
+(h) Fees for meal and other services Each nonprofit corporation and public housing agency shall establish fees for meal service and other appropriate services provided to eligible project residents. These fees shall be reasonable, may not exceed the cost of providing the service, and shall be calculated on a sliding scale related to income which permits the provision of services to such residents who cannot afford meal and service fees. When meal services are provided to other project residents, fees shall be reasonable and may not exceed the cost of providing the meal service.
+
+(i) Standards for provision of services The Secretary shall establish standards for the provision of services under this chapter, and, in developing such service standards, the Secretary shall consult with the Secretary of Health and Human Services and with appropriate organizations representing the elderly and handicapped, as determined by the Secretary.
+
+(Pub. L. 95–557, title IV, § 405, Oct. 31, 1978, 92 Stat. 2106; Pub. L. 96–399, title II, § 208, Oct. 8, 1980, 94 Stat. 1634; Pub. L. 98–479, title II, § 201(j), Oct. 17, 1984, 98 Stat. 2228.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Older Americans Act of 1965, referred to in subsecs. (c) and (d), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) 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.
+
+Amendments1984—Subsec. (i). Pub. L. 98–479 substituted “Health and Human Services” for “the Department of Health, Education, and Welfare”. 1980—Subsecs. (c), (d). Pub. L. 96–399, § 208(a), (b), inserted reference to congregate services to elderly residents. Subsec. (e). Pub. L. 96–399, § 208(c), in par. (1) substituted “A public housing agency or nonprofit corporation applying for assistance to provide congregate services to nonelderly handicapped residents shall consult with the appropriate agency” for “When nonelderly handicapped individuals are included among the eligible project residents, the public housing agency and nonprofit corporation shall consult with the appropriate local agency”, and in par. (2) substituted “appropriate agency” for “appropriate local agency”.

legal/us/code/title-42/chapter-89/section-8005.md

@@ -0,0 +1,41 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8005"
+description: "Eligibility for services"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8005"
+citation: "42 U.S.C. § 8005"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8005"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "764281c1e3e9b4b3bac71ce0cd3d0ee397cf1b6321647cf92a4737f707e6fc95"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "60ae3882f9157efc2e0304cc7d460ccf832262b70c215bd11cb3efd9ca35fb4b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8005 - Eligibility for services
+
+## Text
+
+(a) Professional assessment committee for determination of eligibility The identification of project residents eligible to participate in a congregate services program assisted under this chapter, and the designation of the services appropriate to their individual functional abilities and needs, shall be made by a professional assessment committee. Such committee shall utilize procedures which insure that the process of determining eligibility of individuals for services under this title shall accord such individuals fair treatment and due process and a right of appeal of such determination of eligibility, and shall also assure the confidentiality of personal and medical records.
+
+(b) Participation of other residents in meal services program Other residents may participate in a congregate meal service program assisted under this chapter if the local public housing agency or nonprofit corporation determines that the participation of these individuals will not adversely affect the cost-effectiveness or operation of the program.
+
+(c) Notification of change in membership of professional assessment committee Any public housing agency or nonprofit corporation receiving assistance under this chapter shall notify the Secretary of any change in the membership of the professional assessment committee within thirty days of such change. Such notification shall list the names and professional qualifications of new members of the committee.
+
+(d) Procedure for changes in membership of professional assessment committee Procedures shall be established to insure that changes in the membership of the professional assessment committee are consistent with the requirements of section 8002(7) of this title.
+
+(Pub. L. 95–557, title IV, § 406, Oct. 31, 1978, 92 Stat. 2107.)

legal/us/code/title-42/chapter-89/section-8006.md

@@ -0,0 +1,49 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8006"
+description: "Application procedure for assistance"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8006"
+citation: "42 U.S.C. § 8006"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8006"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "4bcd1316e7db01cb662254d2f9c93b6a95d99f1d6a9b2b5ad8034624c40b2a40"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "ad77a2f0b826e9cb4afb91b32c21f551d3a0ebb1082828cd90a58c0767c93980"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8006 - Application procedure for assistance
+
+## Text
+
+(a) Matters included in application An application for assistance under this chapter shall include—
+
+(1) a plan specifying the types and priorities of the basic services the public housing agency or nonprofit corporation proposes to provide during the term of the contract; such plan must be related to the needs and characteristics of the eligible project residents and, to the maximum extent practicable, provide for the changing needs and characteristics of all project residents; such plan shall be determined after consultation with eligible project residents and with the professional assessment committee;
+
+(2) a list of names and professional qualifications of the members of the professional assessment committee;
+
+(3) the fee schedule established pursuant to section 8004(h) of this title;
+
+(4) any comment received in connection with any review of a proposed application pursuant to section 8004(d) or 8004(e)(2) of this title; and
+
+(5) a statement affirming (A) that the nonprofit corporation or public housing agency has followed the consultation procedures required in subsections (c), (d), and (e) of section 8004 of this title, and (B) that such application complies with subsection (b) of such section.
+
+(b) Deadlines for submission of application The Secretary shall establish appropriate deadlines for each fiscal year for the submission of applications for funding under this chapter and shall notify any public housing agency and nonprofit corporation applying for assistance under this chapter of acceptance or rejection of its application within ninety days of such submission.
+
+(c) Review of performance of services program prior to submission of application for renewed funding Within twelve months prior to the submission of an application for renewed funding under this chapter, each nonprofit corporation and public housing agency shall review the performance, appropriateness, and fee schedules of their congregate services program with eligible project residents and with the professional assessment committee. The results of such review shall be included in any application for renewal and shall be considered in the development of the application for renewal by the nonprofit corporation or public housing agency and in its evaluation by the Secretary.
+
+(Pub. L. 95–557, title IV, § 407, Oct. 31, 1978, 92 Stat. 2108.)

legal/us/code/title-42/chapter-89/section-8007.md

@@ -0,0 +1,73 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8007"
+description: "Evaluation of applications and programs"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8007"
+citation: "42 U.S.C. § 8007"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8007"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "768fc081f4789ee176a1c47d743c4143087a3d999cf5328a25d3aec535c9899d"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "36696e83980dcf625304c07f6d3369d874a2e4341ae80e224e4f087288c16569"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8007 - Evaluation of applications and programs
+
+## Text
+
+(a) Application evaluations In evaluating applications for assistance under this chapter, the Secretary shall consider—
+
+(1) the types and priorities of the basic services proposed to be provided, and the relationship of such proposal to the needs and characteristics of the eligible residents of the projects where the services are to be provided;
+
+(2) how quickly services will be established following approval of the application;
+
+(3) 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;
+
+(4) the professional qualifications of the members of the professional assessment committee; and
+
+(5) the reasonableness of fee schedules established for each congregate service.
+
+(b) Program evaluations In evaluating programs receiving assistance under this chapter, the Secretary shall—
+
+(1) establish procedures for the review and evaluation of the performance of nonprofit corporations and public housing agencies receiving assistance under this chapter, including provisions for the submission of an annual report, by each such nonprofit corporation and public housing agency, which evaluates the impact and effectiveness of its congregate services program; and
+
+(2) publish annually and submit to the Congress, a report on and evaluation of the impact and effectiveness of congregate services programs assisted under this chapter. Such report and evaluation shall be based, in part, on the evaluations required to be submitted pursuant to paragraph (1).
+
+(c) Report to Congress (1) The Secretary shall contract with a university or qualified research institution to produce a report—
+
+(A) documenting the number of elderly living in federally assisted housing at risk of institutionalization;
+
+(B) studying and comparing alternative delivery systems in the States, including the congregate housing services program, to provide services to older persons in assisted congregate housing;
+
+(C) assessing existing and potential financial resources at the Federal, State, and local levels for the support of congregate housing services; and
+
+(D) making legislative recommendations as to the feasibility of permitting State housing agencies and other appropriate State agencies to participate and operate the program on a matching grant basis.
+
+(2) The Secretary shall submit the report to the Congress not later than September 30, 1988.
+
+(Pub. L. 95–557, title IV, § 408, Oct. 31, 1978, 92 Stat. 2108; Pub. L. 98–181, title I [title II, § 224(a)], Nov. 30, 1983, 97 Stat. 1191; Pub. L. 100–242, title I, § 163(b), (c), Feb. 5, 1988, 101 Stat. 1860.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1988—Subsec. (c). Pub. L. 100–242 added subsec. (c) and struck out former subsec. (c) which required Secretary to prepare and submit a report to Congress evaluating the congregate housing services program, not later than March 15, 1984. 1983—Subsec. (c). Pub. L. 98–181 added subsec. (c).
+
+Statutory Notes and Related Subsidiaries
+
+Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (b)(2) of this section relating to submitting the annually published report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 8th item on page 106 of House Document No. 103–7.

legal/us/code/title-42/chapter-89/section-8008.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8008"
+description: "Funding procedures"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8008"
+citation: "42 U.S.C. § 8008"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8008"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "5738d0132a3550510df84674f8ae3b30923e462bb5201d181749e424a0d7dbd4"
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+text_hash: "b040f74102ac149694c148e091cb0bae7e3236af37926ed4e6b7e00cef6fc907"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8008 - Funding procedures
+
+## Text
+
+(a) The Secretary shall establish procedures—
+
+(1) to assure timely payments to nonprofit corporations and public housing agencies for approved assisted congregate services programs with provision made for advance funding sufficient to meet necessary startup costs;
+
+(2) to permit reallocation of funds approved for the establishment of congregate services in existing public housing projects and projects assisted under section 1701q of title 12 if the services are not established within six months of the notification date of funding approval;
+
+(3) to assure that where such funding has been approved for the establishment of congregate services for public housing projects and projects assisted under section 1701q of title 12 under construction or approved for construction, these services shall be in place at the start of the project’s occupancy by tenants requiring such services for maintaining independent living;
+
+(4) to establish accounting and other standards in order to prevent any fraudulent or inappropriate use of funds under this chapter; and
+
+(5) to assure that no more than 1 per centum of the funds appropriated under this chapter for any fiscal year may be used by public housing agencies and nonprofit corporations for evaluative purposes as required by section 8007(b)(1) of this title.
+
+(b) The Secretary shall establish a reserve fund, not to exceed 10 per centum of the funds appropriated in each fiscal year for the provision of services under this chapter, in order to supplement grants awarded to public housing agencies and nonprofit corporations under this chapter when, in the determination of the Secretary, such supplemental adjustments are required to maintain adequate levels of services to eligible project residents.
+
+(Pub. L. 95–557, title IV, § 409, Oct. 31, 1978, 92 Stat. 2109.)

legal/us/code/title-42/chapter-89/section-8009.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8009"
+description: "Miscellaneous provisions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8009"
+citation: "42 U.S.C. § 8009"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8009"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "50d424ca98582343b499fc5ae363d37673365d25a5b15a6505bb7173e145409e"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "72050c16f1d028de058b14d006468ca44c5b377498bfd970529cee0ac4c4c35b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8009 - Miscellaneous provisions
+
+## Text
+
+(a) Utilization of elderly and permanently disabled adult persons Each public housing agency and nonprofit corporation shall, to the maximum extent practicable, utilize elderly and permanently disabled adult persons who are residents of public housing projects or projects assisted under section 1701q of title 12, but who are not eligible project residents, to participate in providing the services assisted under this chapter. Such persons shall be paid wages which shall not be lower than whichever is the highest of—
+
+(1) the minimum wage which 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 he or she were not exempt under section 13 [29 U.S.C. 213] thereof;
+
+(2) the State or local minimum wage for the most nearly comparable covered employment; or
+
+(3) the prevailing rates of pay for persons employed in similar public occupations by the same employer.
+
+(b) Tax treatment of services received No service provided to a public housing resident or to a resident of a housing project assisted under section 1701q of title 12 under this chapter, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law.
+
+(c) Individuals receiving aid considered residents of own household Individuals receiving services assisted under this chapter shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law.
+
+(d) Regulations The Secretary may issue regulations to carry out the provisions of this chapter.
+
+(Pub. L. 95–557, title IV, § 410, Oct. 31, 1978, 92 Stat. 2109.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

legal/us/code/title-42/chapter-89/section-8010.md

@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8010"
+description: "Authorization of appropriations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8010"
+citation: "42 U.S.C. § 8010"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8010"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "d896966b2e2ce21fa78023fdb39c165010747ac4b4fbb8c79da61da0b31224dd"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "2cb6a966ca4bbbab34b15828ef76615cfb7051c3f5913850fa888c5aa2f4ee21"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8010 - Authorization of appropriations
+
+## Text
+
+(a) There are authorized to be appropriated to carry out this chapter $10,000,000 for each of the fiscal years 1988 and 1989.
+
+(b) Sums appropriated pursuant to this section shall remain available until expended.
+
+(Pub. L. 95–557, title IV, § 411, Oct. 31, 1978, 92 Stat. 2110; Pub. L. 98–181, title I [title II, § 224(b)], Nov. 30, 1983, 97 Stat. 1191; Pub. L. 98–479, title I, § 102(f), Oct. 17, 1984, 98 Stat. 2222; Pub. L. 100–242, title I, § 163(a), Feb. 5, 1988, 101 Stat. 1860.)
+
+## Notes
+
+Editorial Notes
+
+Amendments1988—Subsec. (a). Pub. L. 100–242 amended subsec. (a) generally, substituting provisions authorizing appropriations to carry out this chapter for fiscal years 1988 and 1989, for provisions authorizing appropriations to carry out this chapter for fiscal years 1979 through 1982, 1984, and 1985. 1984—Subsec. (a)(4). Pub. L. 98–479 inserted a semicolon at end. 1983—Subsec. (a)(5), (6). Pub. L. 98–181 added pars. (5) and (6).

legal/us/code/title-42/chapter-89/section-8011.md

@@ -0,0 +1,375 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8011"
+description: "Revised congregate housing services program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8011"
+citation: "42 U.S.C. § 8011"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8011"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "2282cba04a35bd3a9283c3a710b822171732ab94581c7aa7fc4b7ffe9773f54a"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "086167ff53ec5ded7e2474260a00d6c25dc0e970be8c188e4e27ab8c351333ab"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8011 - Revised congregate housing services program
+
+## Text
+
+(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)—
+
+(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,11 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.
+
+(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)), 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) Supplemental nutrition assistance program benefits 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 benefits 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) 22 So in original. Probably should be subsection “(e)”. on an ongoing basis to assess the service needs of eligible residents;
+
+(B) working with service providers and the professional assessment committee to tailor the provision of services to the needs and characteristics of eligible residents;
+
+(C) mobilizing public and private resources to ensure that the qualifying supportive services identified pursuant to subsection (d) can be funded over the time period identified under such subsection;
+
+(D) monitoring and evaluating the impact and effectiveness of any supportive service program receiving capital or operating 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). 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).
+
+(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) 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);
+
+(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 33 So in original. Probably should be “certification”. from the appropriate State or local agency (as determined by the Secretary) that—
+
+(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); 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) 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),44 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—
+
+(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), 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 55 So in original. Probably should be “general local”. government, or nonprofit housing sponsor that receives amounts under a contract under subsection (b) 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.
+
+(ii) The Secretary concerned shall provide 40 percent of the cost, with amounts under contracts under subsection (b).
+
+(iii) Fees under subsection (d)(7) shall provide 10 percent of the cost.
+
+(B) Exceptions (i) For any congregate services program that was receiving assistance under a contract under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] on November 28, 1990,66 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 November 28, 1990.6
+
+(ii) To the extent that the limitations under subsection (d)(7) 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 77 So in original. Probably should be “or”. local minimum wage for the most nearly comparable covered employment; or
+
+(C) the prevailing rates of pay for persons employed in similar public occupations by the same employer.
+
+(2) Effect of services Except for wages paid under paragraph (1) of this subsection, services provided to a resident of an eligible housing project under a 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, 1990,6 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.
+
+(4) Administrative cost limitation A recipient of assistance under this section may not use more than 10 percent of the sum of such assistance and the contribution amounts required under subsection (i)(1)(A)(i) for administrative costs and shall ensure that any entity to which the recipient distributes amounts from such sum may not expend more than a reasonable amount from such 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 88 See References in Text note below. of the United States Housing Act of 1937;
+
+(B) housing assisted under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] with a contract that is attached to the structure under subsection (d)(2) of such 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,8 as such section existed before October 1, 1983;
+
+(C) housing assisted under section 1701q of title 12;
+
+(D) housing assisted under section 1715l(d) or 1715z–1 of title 12, with respect to which the owner has made a binding commitment to the Secretary of Housing and Urban 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)].99 So in original. Probably should be preceded by a closing parenthesis.
+
+(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).
+
+(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).1010 So in original. Probably should be subsection “(h)(1)(B).”
+
+(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), for the submission of data by recipients of assistance under this section to be used in the repeat 1111 So in original. Probably should be “report”. required by paragraph (1).
+
+(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: 1212 So in original. The colon probably should be a semicolon. and
+
+(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, § 802, Nov. 28, 1990, 104 Stat. 4304; Pub. L. 102–550, title VI, §§ 604(a), (b), 672, Oct. 28, 1992, 106 Stat. 3805, 3826; Pub. L. 110–234, title IV, §§ 4002(b)(1)(B), (N), (2)(LL), 4115(c)(1)(A)(i), (B)(vi), (2)(I), May 22, 2008, 122 Stat. 1096, 1098, 1109, 1110; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(B), (N), (2)(LL), 4115(c)(1)(A)(i), (B)(vi), (2)(I), June 18, 2008, 122 Stat. 1664, 1857–1859, 1870, 1871.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Older Americans Act of 1965, referred to in subsec. (d)(2)(B)(i), is Pub. 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 Pub. L. 95–557, Oct. 31, 1978, 92 Stat. 2104, which is classified principally to this chapter (§ 8001 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 8001 of this title and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (j)(1)(A), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified principally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and 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, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title II of the Act, which was classified generally to subchapter II (§ 1437aa et seq.) of chapter 8 of this title, was repealed by Pub. L. 104–330, title V, § 501(a), Oct. 26, 1996, 110 Stat. 4041. For complete classification of this Act to the Code, see Short title note set out under section 1437 of this title and Tables. Section 8(b)(2) of the United States Housing Act, 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 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 Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
+
+Codification Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which 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.
+
+Amendments2008—Subsec. (d)(2)(A). Pub. L. 110–246, § 4002(b)(1)(N), (2)(LL), substituted “Supplemental nutrition assistance program benefits” for “Food stamps” in heading. Subsec. (d)(2)(A)(i)(I). Pub. L. 110–246, § 4002(b)(1)(B), (2)(LL), made technical amendment to reference in original act which appears in text as reference to section 2018 of title 7. Subsec. (d)(2)(A)(i)(II). Pub. L. 110–246, § 4115(c)(2)(I), struck out “(as defined in section 2012(e) of title 7)” after “benefits”. Pub. L. 110–246, § 4115(c)(1)(A)(i), (B)(vi), substituted “benefits” for “coupons”. 1992—Subsec. (d)(4). Pub. L. 102–550, § 672, inserted after first sentence of concluding provisions “Such qualifications and standards shall include requiring each service coordinator to be trained in the aging process, elder services, disability services, eligibility for and procedures of Federal and applicable State 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, § 604(b), substituted “6-year” for “3-year” in two places. Subsec. (n)(1). Pub. 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 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(B), (N), (2)(LL) and 4115(c)(1)(A)(i), (B)(vi), (2)(I) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
+
+Effective Date of 1992 AmendmentAmendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title.
+
+Effective DateThis 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.
+
+RegulationsPub. 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), (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.”
+
+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.

legal/us/code/title-42/chapter-89/section-8012.md

@@ -0,0 +1,169 @@
+---
+type: "LegalText"
+title: "42 U.S.C. § 8012"
+description: "Hope for elderly independence"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 42
+title_name: "THE PUBLIC HEALTH AND WELFARE"
+chapter_number: "89"
+chapter_name: "CONGREGATE HOUSING SERVICES"
+section: "8012"
+citation: "42 U.S.C. § 8012"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
+source_identifier: "/us/usc/t42/s8012"
+source_file: "data/legal/raw/us/code/title-42/usc42.xml"
+source_hash: "216eb00fe2483c84466050fea068891c2a74281699eb37967f36f488ffa94d89"
+raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
+text_hash: "c59fec064e3b29375b8e31e1436ddfc24a279582b7644441bf69ffef7169a300"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 42 U.S.C. § 8012 - Hope for elderly independence
+
+## Text
+
+(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,11 So in original. The comma probably should precede “and”. individual contributions 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);
+
+(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).
+
+(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) 22 See References in Text note below. of this title.
+
+(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) 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), 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, § 803, Nov. 28, 1990, 104 Stat. 4317; Pub. L. 102–550, title VI, § 605, Oct. 28, 1992, 106 Stat. 3806.)
+
+## Notes
+
+Editorial Notes
+
+References in TextThe Older Americans Act of 1965, referred to in subsec. (d)(12), is Pub. 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 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, § 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, § 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.
+
+Amendments1992—Subsec. (a). Pub. L. 102–550, § 605(c)(1), substituted “determined by the Secretary” for “beginning on November 28, 1990”. Subsec. (g)(1). Pub. L. 102–550, § 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).” Subsec. (j). Pub. L. 102–550, § 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, § 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.”