[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9878]


[[Page Unknown]]

[Federal Register: April 29, 1994]


_______________________________________________________________________

Part II





Department of Agriculture





_______________________________________________________________________



Farmers Home Administration



_______________________________________________________________________



7 CFR Part 1944



_______________________________________________________________________





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Part 700



Congregate Housing Services Program; Final Rule and Notice of Funding 
Availability for Fiscal Year 1994
DEPARTMENT OF AGRICULTURE

Farmers Home Administration

7 CFR Part 1944

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 700

[Docket No. R-94-1617; FR-2990-F-02]
RIN 2501-AB34

 

Congregate Housing Services Program; Final Common Rule

AGENCY: Farmers Home Administration, (USDA) and the Department of 
Housing and Urban Development, (HUD).

ACTION: Final common rule.

-----------------------------------------------------------------------

SUMMARY: This document is the joint final rule for the supportive 
services component of the Congregate Housing Services Program, which is 
authorized by section 802 of the National Affordable Housing Act and 
section 604 of the Housing and Community Development Act of 1992. The 
program provides assistance in the form of supportive services to the 
frail elderly, persons with disabilities, and temporarily disabled 
persons for the purpose of preventing premature or unnecessary 
institutionalization and encouraging deinstitutionalization. The joint 
interim rule for the supportive services component of the program was 
published on December 8, 1992 (57 FR 58042).

EFFECTIVE DATE: May 31, 1994.

FOR FURTHER INFORMATION CONTACT: For general information concerning the 
Congregate Housing Services Program (CHSP), contact Jerold S. Nachison, 
Housing for Elderly and Handicapped People Division, Office of Elderly 
and Assisted Housing, Department of Housing and Urban Development, 451 
Seventh Street SW., room 6122, Washington, DC 20410, telephone (202) 
708-3291.
    For general information concerning Farmers Home Administration's 
Congregate Housing Services Program contact Sue M. Harris-Green, Senior 
Loan Officer, Farmers Home Administration, U.S. Department of 
Agriculture, 14th & Independence Ave., SW., room 5343, Washington, DC 
20250, telephone (202) 720-1606.
    Hearing or speech impaired individuals may call HUD's TDD number 
(202) 708-4594. (The telephone numbers listed above are not toll-free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this rule have 
been submitted to the Office of Management and Budget (OMB) for review 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). No 
person may be subjected to a penalty for failure to comply with these 
information collection requirements until they have been approved and 
assigned an OMB control number. The OMB control number, when assigned, 
will be announced by separate notice in the Federal Register.
    Public reporting burden for the collection of information 
requirements contained in this rule is estimated to include the time 
for reviewing the instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Information on the estimated public 
reporting burden is provided under Other Matters. Send comments 
regarding this burden estimate or any other aspect of this collection 
of information, including suggestions for reducing this burden, to the 
Department of Housing and Urban Development, Rules Docket Clerk, 451 
Seventh Street, SW., room 10276, Washington, DC 20410-0500; and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for HUD, Washington, DC 20503.

I. Introduction

    The Congregate Housing Services Demonstration Program was first 
established by the Congregate Housing Services Act of 1978 (42 U.S.C. 
8001). It provided congregate housing and coordinated supportive 
services for elderly disabled and non-elderly disabled individuals to 
allow them to maintain their independence and avoid costly and 
unnecessary institutionalization. Congress appropriated funds for 
fiscal years 1979 through 1982, to remain available until expended. 
Since then, Congress has appropriated funds annually to continue the 
grantees funded. The Congregate Housing Services Program was 
implemented through the HUD Congregate Housing Services Handbook 
(4640.1).
    On November 28, 1990, the National Affordable Housing Act (42 
U.S.C. 8011) (NAHA) was enacted. In section 802, Congress specifically 
directed the Secretary of Housing and Urban Development (HUD) and the 
Secretary of Agriculture (USDA) through the Farmers Home Administration 
(FmHA) to jointly implement regulations to carry out the Congregate 
Housing Services Program (CHSP). Section 802 provides for congregate 
services which are minimally necessary to prevent premature or 
unnecessary institutionalization of frail elderly persons, persons with 
disabilities regardless of whether a person is elderly, or temporarily 
disabled persons living in eligible housing for the elderly.
    HUD and FmHA shall enter into grants with States, units of general 
local government, Indian tribes, PHAs, IHAs, and local nonprofit 
housing sponsors, to provide congregate services. An IHA, PHA, and 
local non-profit housing sponsor can enter into grants only on behalf 
of its project. States, units of general local government and Indian 
tribes may enter into grants on behalf of for profit or not for profit 
owners of eligible housing. Each grant agreement shall be made for a 
term of five years and shall be renewable (subject to the availability 
of funds) at the expiration of the term by the Secretary concerned. The 
CHSP funds will provide for not more than 40 percent of the cost of 
providing the congregate services program; at least 50 percent of the 
total cost will come from the grantee or third party organization, and 
at least 10 percent from the program participant (up to a maximum of 
20% of the participant's adjusted income). Program participant fees may 
be waived by the Secretary concerned for eligible residents without 
income. In instances where a waiver is granted, the grantee and the 
Secretary concerned will share the deficit on a 50/50 basis.
    The grantee will develop a supportive services plan and a case 
management process as part of the application. Supportive services 
include meals, transportation, personal care (which may include 
dressing, bathing, and toileting), housekeeping, chore assistance, non-
medical counseling, group and socialization activities, non-medical 
supervision, wellness programs, preventive health screening, monitoring 
of medication consistent with State law, personal emergency response 
systems, and other requested supportive services if approved by the 
Secretary concerned.
    Under NAHA, eligible housing projects that were receiving 
assistance under the Congregate Housing Services Act of 1978 on 
November 28, 1990 shall continue to receive priority for assistance 
funded under that Act. These grantees will receive priority for 
assistance under this section after the expiration of the term of the 
grant. Each grantee shall maintain, for the six-year transition period, 
the same dollar amount of its annual contributions in support of the 
activities eligible for assistance under this section equal to the 
amount contributed for such activities in the year ending on November 
28, 1990. The grantee's contribution shall be equal to no less than the 
amount of the eligible owner's annual contribution plus any 
inflationary increases allowed by the Secretary concerned. At the end 
of six years, each grantee must meet the requirements of the new 
Congregate program.
    On October 28, 1992, the Housing and Community Development Act of 
1992 (HCDA of 1992) was enacted (Public Law 102-550). Sections 604 and 
672 of the HCDA of 1992 amended section 802 of NAHA. Section 604 
amended section 802(i)(1)(B)(i) of NAHA by increasing from three to six 
years the period of time that grantees funded under the Congregate 
Housing Services Act of 1978 would be exempt from the requirement to 
provide 50% matching funds upon expiration of the term of the grant. It 
also increased the three-year requirement for maintenance of funds 
contributed by the grantee to six years. Section 672 of the HCDA of 
1992, amended section 802(d)(4) of NAHA by requiring that service 
coordinators 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.
    On December 8, 1992, HUD and FmHA published a joint interim rule 
and invited the public to comment on it for consideration in drafting 
the final joint common rule. The public was also invited to comment and 
provide suggestions concerning the implementation of the retrofitting 
and renovation components of the Congregate Housing Services Program. 
The joint final rule responds to public comments on the joint interim 
rule.
    The FmHA and HUD are promulgating identical regulations applicable 
to the Congregate Housing Services Program. Since the regulations are 
identical, the text of the regulations is set out only once at the end 
of the common preamble. The part heading, table of contents, and 
authority citation for the regulations as they will appear in each CFR 
title follow the text of the final common rule. The entire text of the 
regulations as they will appear in each CFR title follows the text of 
the final common rule. The entire text of the regulation will appear in 
the respective parts of the Code of Federal Regulations of both FmHA 
and HUD.

II. Public Comments

    HUD received 9 comments on the December 8, 1992, joint interim 
rule. The comments were from governmental entities, public housing 
agencies (PHAs), nonprofit organizations, HUD field offices and 
advocacy groups for the aging.

General

    Comment: One comment was directed to the overall program with the 
commenter stating that the language in the rule was too complex and 
that the number of repetitions was ``dumbfounding''. The commenter 
stated that he would like to see a ``simple and common English 
explanation of how employment will impact an elderly individual's 
Section 8 or 236 rent subsidy, medicare premiums and 551 payments. The 
commenter also indicated that he would like to see a concise list of 
the duties of a service coordinator.
     HUD and FmHA response: The CHSP does not set income limits for the 
section 8 program or for the Section 236 program. The CHSP also does 
not set requirements regarding medicaid and section 551. The 
regulations concerning the definition of income and income limits for 
participants in the section 8 program can be found at 24 CFR (Code of 
Federal Regulations) Part 813. The CHSP interim rule has been 
simplified in the final version of the rule. Section ______.220 of both 
the interim common rule and this final rule list the duties of the 
service coordinator.
    Comment: One commenter stated the rule appears to discriminate 
against the housing authority that has not been able to accumulate 
unrestricted funds sufficient to purchase services, and that many 
housing authorities already have in place (prior to 1992 and 1993), 
eligible housing for the elderly already adapted for use with frail 
elderly and persons with disabilities for the purpose of preventing 
unnecessary institutionalization, without having grant funds available 
to them under the Congregate Housing Service Program. This commenter 
also indicated that the interim common rule clearly contradicts the 
intent and spirit of the statute.
    HUD and FmHA response: Section 802(i)(1)(A)(i) of the National 
Affordable Housing Act requires that the cost for services under the 
CHSP be shared between the Secretary concerned and the grantee. The 
grantee or other third party shall provide 50% of the cost of providing 
the CHSP; the Secretary concerned shall provide no more than 40% of the 
cost of providing CHSP; and fees from the program participant shall 
provide at least 10% of the cost. HUD and FmHA recognize that there are 
many projects that already had supportive services programs in 
existence prior to the implementation of this CHSP and therefore, 
cannot use existing services as match for the CHSP. In accordance with 
the statutory requirement, only new or expanded services can be used as 
match. The matching funds provided by the grantee must cover at least 
50% of the cost of providing supportive services under the CHSP. The 
rule is consistent with the statutory purpose which is to provide new 
or expanded supportive services in federally assisted housing to 
prevent premature institutionalization in a manner that respects the 
dignity of the elderly and persons with disabilities and the cost 
sharing requirements of the program.
    Comment: One commenter stated that the interim joint rule does not 
require applicants to address transition to other service programs in 
the event of cessation of CHSP funding. The commenter suggested that 
the rule include a provision which would provide that requests for 
grant application include a plan for the continuation of necessary 
services or transition to other service providers in the event CHSP 
funds are no longer available.
    HUD and FmHA response: While HUD and FmHA share the commenter's 
concern for a commitment from the applicant to continue to provide 
services in the event funds are no longer appropriated for this 
program, it was agreed not to impose any additional paperwork or 
commitments upon the applicant. Applicants are experiencing 
difficulties obtaining matching funds and it was agreed that requiring 
the grantees to factor in funds for continuation or transition to other 
service providers five years in advance would be too burdensome.
    Comment: The commenter stated that the interim rule should be 
amended to permit applicants to request CHSP funding for multiple 
projects.
    HUD and FmHA response: The rule does not contain application 
requirements. The application requirements are set forth in the Notice 
of Funding Availability (NOFA) for the CHSP. The NOFA announces the 
availability of funds and sets forth the application requirements. HUD 
and FmHA will publish a new NOFA announcing the availability of funding 
and the application requirements. The commenter's suggestion will be 
considered in drafting the NOFA for fiscal year 1994.
    Comment: One commenter states that Sec. ______. 205(f) should spell 
out whether the Grants Officer will be a field, regional or 
headquarters employee.
    HUD and FmHA response: The Grants Officer responsibility and the 
responsible office will be explained in the CHSP notice and handbook.

Cost Distribution

    Comment: One commenter states that the regulation should be amended 
to allow the 10% of the total program costs that are required to be 
generated by participants' fees to be generated by participants' fees, 
contributions, or the cost-sharing that is already required by an 
existing program eligible for match rather than just through 
participant fees. The commenter states that for fee-generating purposes 
Secs. ______.235(2) and ______.240(a) preclude the use of otherwise 
eligible local match programs that permit contributions, but not fees, 
or which already charge cost-share fees. The commenter states that if 
fees generated by participant fees, contributions, or cost-sharing 
already in an existing program eligible for match are allowed, HUD can 
retain the CHSP's program's intent to incorporate a participant expense 
sharing component and will also address the significant barriers to 
sufficient fee-generation that applicants will experience because of 
the different fee-charge regulations in a variety of programs that 
would logically be used for the CHSP matching requirements.
    HUD and FmHA response: Section ______.240 of the rule has been 
revised to allow fees to include cash contributions of the program 
participant, food stamps and any other contributions or donations. Cost 
sharing and fees collected by any eligible new or expanded service 
program for the CHSP are currently eligible. However, due to the 
statutory constraints concerning matching funds, funds for existing 
services which are not expanded are not eligible for match. Matching 
funds must pay for 50% of the cost of the services under CHSP and 
therefore, only costs for new or expanded services are eligible for 
match.

Definitions

    Comment: One commenter urged the Department to reconsider its 
definition of activities of daily living (ADL) and the way that its 
definition is applied in the interim common rule. The commenter stated 
that the definition of ADL promulgated in the new rule combines what 
are now commonly known in the worlds of gerontological research and 
community-based aging programs as ``activities of daily living'' (ADL) 
and ``instrumentalities of daily living'' (IDL). The commenter stated 
that the rule definition of ADL was created by combining these terms 
without regard to what is currently used in the community and other 
common programs. The commenter argues that this definition is not in 
the spirit of coordination of housing and services which it believes is 
intended by the CHSP. The commenter further states that the way in 
which the definition of activities of daily living is applied is 
``antithetical to the concept of aging in place.'' The commenter states 
that when one looks at the definition and all its caveats, the 
potential population to be served is not what is commonly known as the 
frail elderly but rather a fairly narrow niche of somewhat frail older 
adults. The commenter stated that while it understands HUD might want 
to be cautious about this definition in order to maintain a housing 
rather than an institutional character to its developments, it is also 
important that such appropriateness decisions be reviewed on an 
individual rather than a categorical basis whenever possible.
    HUD and FmHA response: Program participants are limited to the 
frail elderly deficient in at least three activities of daily living by 
statute. Therefore, HUD and FmHA decided to combine the ADL's and IDL's 
based upon HUD's past experiences in operating the CHSP of 1978. By 
combining ADLs and IDLs for the definition of ADLs and stating the 
minimum deficiency level, the program is able to serve a larger 
population of frail elderly persons than would be served by the 
traditional definitions of the ADLs.
    Comment: One commenter states that the definition of activities of 
daily living (ADL) should be more concise and the minimum requirements 
of ADL which are listed in Sec. ______.225(c)(2) should be initially 
stated under the definitions.
    HUD and FmHA response: Section ______.225(c)(2) restates the 
definition of activities of daily living found in the definition 
section.
    Comment: One commenter states that instead of including PHAs 
specifically in the definition of ``Applicant'' PHAs are identified as 
eligible grantees under the definition of ``Local nonprofit housing 
sponsor.'' The commenter suggests that the rule specifically identify 
PHAs and IHAs as eligible grantees.
    HUD and FmHA response: The definition of ``Applicant'' has been 
revised to specifically identify PHAs and IHAs as eligible grantees.
    Comment: One commenter states that the definition of qualifying 
supportive services found in Sec. ______.105 and the eligible 
activities found in Sec. ______.210 do not tie in directly to the 
minimum requirements for ADL. The commenter states that the minimum 
requirements of ADL do not include non-medical supervision and personal 
emergency response systems.
    HUD and FmHA response: Qualifying supportive services and eligible 
activities should not tie directly into the requirements of ADL. The 
ADLs are used to determine if frail elderly persons are minimally 
eligible to participate in the program. Program participants (frail 
elderly persons deficient in at least three ADLs and persons with 
disabilities) would then be eligible to receive qualifying supportive 
services such as non-medical supervision and personal emergency 
response systems, if they need them.
    Comment: The commenter states that the section number in the 
reference for the Developmental Disabilities Assistance and Bill of 
Rights Act contained in Sec. ______.105(7) should be changed from (7) 
to (5).
    HUD and FmHA response: This error has been corrected.
    Comment: The commenter states that in Sec. ______.205(e) Eligible 
housing projects of the interim rule the reference to non-elderly 
``disabled'' should be changed to non-elderly people with 
``disabilities.''
    HUD and FmHA response: All references to non-elderly handicapped or 
non-elderly disabled have been changed to non-elderly people with 
disabilities.

Eligibility

    Comment: One commenter recommended deleting the reference to 
nonresidents in Sec. ______.230 under eligibility. The commenter 
maintained that due to the limited amount of funds available for this 
CHSP, funds should be utilized by tenants occupying eligible housing 
and that if a community shows a need to serve nonresidents, other 
sources of funding could be pursued to meet that need.
    HUD and FmHA response: Nonresident elderly persons, persons with 
disabilities, and temporarily disabled are eligible to participate in 
CHSP at the option of the program management in consultation with 
project residents. The program management has the discretion to deny 
nonresidents participation in the program if their participation is not 
cost-effective or if it adds to the need for assistance under the 
program. Nonresidents who receive services under CHSP must pay a fee 
equal to the cost of the services provided. Nonresidents are not 
eligible for CHSP funds to subsidize their costs for services.

Match

    Comment: The commenter states that the 50% match requirement for 
the grantee or eligible owner is excessively burdensome and may result 
in an inordinate amount of program failures. These program failures 
would have the ultimate result of doing harm to the program 
participants who relocate to the congregate housing locations in 
reliance on the programs. The commenter also states that the rules as 
written necessitate the inclusion of a great deal of estimated 
information in the budget. The commenter states that while service 
costs may be known, the likelihood of program failure increases because 
the number of participants, types of services to be requested and the 
ability of the participant to pay cannot be known until program 
startup.
    HUD and FmHA response: Section 802(i)(1)(A)(i) of the National 
Affordable Housing Act requires that the cost for services under the 
CHSP be shared between the Secretary concerned and the grantee. The 
grantee shall provide 50% of the cost of providing the CHSP; the 
Secretary concerned shall provide 40% of the cost of providing CHSP; 
and fees from the program participant shall provide 10% of the cost. 
While HUD and FmHA agree that both participant interest and need are 
estimated at best, the budget information is necessary to establish a 
dollar value and limit for the application and to assist in the rating 
and ranking of applications for CHSP funding.
    Comment: One commenter stated that the 50% match requirement and 
the restrictions on what can be counted as in-kind service are barriers 
that the rule presents which causes its housing authority to be unable 
to participate in the program. The commenter suggests that in instances 
like its own where projects have limited resources that it be allowed 
to count the services already provided as in-kind match. The commenter 
also contends that local community services are already ``maxed'' out 
because housing authorities have been successful in having a number of 
services provided by community agencies and that the housing 
authorities prior to the grant period have already invested as much or 
more than the match requirement.
    HUD and FmHA response: Section 802(i)(1)(A)(i) of the National 
Affordable Housing Act requires that the cost for services under the 
CHSP be shared between the Secretary concerned and the grantee. The 
grantee or other third party is required to provide 50% of the cost of 
providing the CHSP; the Secretary concerned provides no more than 40% 
of the cost of providing CHSP; and fee from the program participant 
provides at least 10% of the cost. Match funds must account for 50% of 
the cost of services under the CHSP program. Only qualified supportive 
services are eligible services under the CHSP. Since section 802(k)(16) 
defines qualified supportive services as new or expanded services, 
match funds can only be used for new or expanded services.

Non-Allowable Costs

    Commenter: One commenter states that the examples of non-allowable 
costs under the program include capital funding items. The commenter 
states that the failure to allow projects access to funds to cover 
capital cost will place projects at a disadvantage in developing a CHSP 
and may also discourage many nonprofit owners from applying and 
participating in the program. The commenter also states that during 
congressional consideration of NAHA, it supported Senate passage of a 
new and separately funded retrofit program to provide for modernization 
and retrofitting of elderly housing projects.
    HUD and FmHA response: HUD and FmHA decided to disallow capital 
funding items because they were concerned the majority of the funds for 
supportive services would be used to fund capital improvements. Upon 
implementation of the retrofit component of the CHSP, modernization and 
retrofitting will be eligible activities. Due to the limited amount of 
funding available FmHA and HUD decided that the purposes of the program 
are best served by only funding the supportive services component.

Program Participant Fees

    Comment: One commenter states that the regulations should include a 
provision that does not cap HUD's contribution for resident fee 
deficits. The commenter also suggests that the regulations should allow 
the CHSP to use other income sources to make up for any resident-fee 
deficit that arises because of the 20% cap on resident fees, or that 
arises because the local program match program permits only 
contributions. The commenter states that contributions should be 
permitted to count as part of the fee amount and that the regulations 
should be amended to allow a flexible sliding scale fee schedule for 
participants for whom 20% or even 10% of adjusted income is too costly 
or where 10% of the cost of a specific fee is too high. Commenter also 
states that there should be more flexible fee waivers to include 
participants who are at or below the poverty level.
    HUD and FmHA response: Section ______ .240 of the regulation has 
been revised to allow food stamps and other contributions or donations 
to be included as part of the 10% fee amount for program participants. 
In instances where the grantee finds that the fees for a participant 
are too high, the grantee can request a waiver of Sec. ______.240(e) of 
the regulation. Any waived fees are shared 50% between the Secretary 
concerned and the grantee.

Retrofit and Renovations Component

    Comment: There were several comments and suggestions concerning the 
retrofitting and renovation component of the Congregate Housing 
Services Program. Several commenters expressed discontent with the 
decisions not to fund the retrofit and renovation component and the 
failure to implement regulations. Many stated that the retrofit 
component was an integral and critical part of the program. One 
commenter stated that HUD and FmHA had the authority and the 
flexibility to allocate some funding for retrofit in order to have the 
program in place for full funding later. There was a general concern 
for the Department's failure to develop interim regulations in order to 
implement retrofit once funding is made available.
    HUD and FmHA response: Since HUD and FmHA had very little guidance 
from Congress on the implementation of the program, they invited 
comments from the public on how the renovation and retrofit component 
should be implemented. They also invited comments on specific issues 
concerning this component. HUD and FmHA will use the responses received 
to assist in the drafting of regulations implementing the retrofit and 
renovation component at a later date.

III. Findings and Certifications

    A. National Environmental Policy Act. A Finding of No Significant 
Impact with respect to the environment has been made in accordance with 
HUD regulations at 24 CFR part 50 implementing section 102(2)(C) of the 
National Environmental Policy Act of 1969, 42 U.S.C. 4332. The Finding 
of No Significant Impact is available for public inspection and copying 
between 7:30 a.m. and 5:30 p.m. weekdays at the Office of the Rules 
Docket Clerk, 451 Seventh Street, SW., room 10276, Washington, DC 
20410.
    B. Regulatory Flexibility. The Secretary and the Administrator, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), have 
reviewed this rule before publication and by approving it certify that 
this rule does not have a significant economic impact on a substantial 
number of small entities. The rule will provide grants to States, 
Indian tribes, units of general local government and local nonprofit 
housing sponsors for congregate services programs for eligible project 
residents. Although small entities will participate in the program, the 
rule would not have a significant impact on them.
    C. Family Impact. The General Counsel of HUD, as the Designated 
Official under Executive order 12606, The Family, has determined that 
the policies contained in this rule will have some significant impact 
on the maintenance and general well-being of families. The revised CHSP 
can be expected to provide supportive services which can prevent or 
postpone unnecessary or premature institutionalization, and reduce 
unnecessary stress and financial burdens on participants' families by 
allowing them to remain in their apartments. Because the impact on 
family concerns is wholly beneficial, no further review under the 
executive order is considered necessary.
    D. Federalism Impact. The General Counsel of the Department of 
Housing and Urban Development, as the Designated Official for the 
Department of Housing and Urban Development under section 6(a) of 
Executive Order No. 12611--Federalism, has determined that the rule 
does not involve the preemption of State law by Federal statute or 
regulation and does not have Federalism implications.
    E. Semiannual Agenda. This final common rule was listed as item 
number 1477 in the Department of Housing and Urban Development's 
Semiannual Agenda of Regulations published on October 25, 1993 (58 FR 
56402) under Executive Order 12291 and the Regulatory Flexibility Act.
    F. This rule has been reviewed in light of Executive Order 12778 
and meets the applicable standards provided in sections 2(a) and 
2(b)(2) of that Order. Provisions within this part which are 
inconsistent with state law are controlling. All administrative 
remedies pursuant to 7 CFR part 1900, subpart B must be exhausted prior 
to filing suit.

Public Reporting Burden

    The information collection requirements contained in this rule have 
been submitted to the Office of Management and Budget under the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). The Department 
has determined that the following provisions contain information 
collection requirements.

Existing Congregate Housing Services Program

    7 responses are estimated from each respondent.
    3.71 hours is the estimated average response time for each 
respondent.
    Total Respondents time is 1456 hours.
    Estimate of cost to the respondents is $15.00 per hour.
    Total respondents time @ $15/hour=1456 x $15=$21,840.

                                         Tabulation of Reporting Burden                                         
----------------------------------------------------------------------------------------------------------------
                                                       No. of                                                   
                                     No. of      x   responses           Total       x   Hours per   Total hours
     Information collected        respondents           per       =      annual          response               
                                                    respondent         responses                                
----------------------------------------------------------------------------------------------------------------
Existing congregate housing                                                                                     
 services program                                                                                               
                                         17.1              17.2              17.3              17.4         17.5
    Budget submission...........           56                 1                56                 3          168
    Annual program reports......           56                 1                56                 3          168
    Participant applications to                                                                                 
     CHSP.......................           56                 5               280                 4         1120
    Summary.....................           56                 7               392              3.71         1456
----------------------------------------------------------------------------------------------------------------

Revised Congregate Services Housing Program

    14 responses are estimated from each respondent.
    5.10 hours is the estimated average response time for each 
respondent per response.
    Total Respondents time is 9,675.
    Estimate of cost to the respondents is $15.00 per hour.
    Total respondents time @ $15/hour=9675 x $15=$145,125

                                         Tabulation of Reporting Burden                                         
----------------------------------------------------------------------------------------------------------------
                                                       No. of                                                   
                                     No. of      x   responses           Total       x   Hours per   Total hours
     Information collected        respondents           per       =      annual          response               
                                                    respondent         responses                                
----------------------------------------------------------------------------------------------------------------
Revised congregate housing                                                                                      
 services program                                                                                               
                                         17.1              17.2              17.3              17.4         17.5
    Initial owner applications..          150                 1               150                14         2100
    Budget formats..............           50                 1                50                 3          150
    Semiannual program reports..           50                 1                50               1.5           75
    Annual program reports......           50                 1                50                 3          150
    Participant applications to                                                                                 
     new CHSP...................           50                36              1800                 4         7200
    Summary.....................          150                14              2100              5.10        9675 
----------------------------------------------------------------------------------------------------------------

    Total existing and Revised CHSP is 11,131.

IV. Regulations Promulgation

    On October 25, 1990, Congress passed the NAHA. 42 U.S.C. 8011. NAHA 
was signed into law by President Bush on November 29, 1990. Section 
802(m) of NAHA states inter alia as follows:
    Promulgation of 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 the date of enactment of 
this Act, jointly issue any regulations necessary to carry out this 
section. Conference Report 101-943, October 25, 1990. Accordingly, the 
regulation was to have been published by May 27, 1991.

-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
Text of Final Common Rule

    The text of the final common rule, as adopted by the agencies in 
this document, appears below:

Part ______ Congregate Housing Services Program

Sec.
Sec. ______.100  Authority and purpose.
Sec. ______.105  Definitions.
Sec. ______.200  Announcement of fund availability and selection 
criteria.
Sec. ______.205  Grant agreement.
Sec. ______.210  Eligible activities.
Sec. ______.215  Service plan.
Sec. ______.220  Service coordinator.
Sec. ______.225  Professional Assessment Committee (PAC).
Sec. ______.230  Eligibility.
Sec. ______.235  Cost distribution.
Sec. ______.240  Program participant fees.
Sec. ______.245  Other Federal requirements.
Sec. ______.300  Application.
Sec. ______.305  Application evaluation and selection.
Sec. ______.325  Monitoring of project sites by governmental units.
Sec. ______.330  Evaluation of provision of congregate services 
programs.
Sec. ______.335  Renewal of grants.
Sec. ______.400  Participatory agreement.
Sec. ______.405  Reserve for supplemental adjustment.
Sec. ______.415  Recapture.
Sec. ______.420  Reports.
Sec. ______.425  Budget submissions.
Sec. ______.430  Program costs.
Sec. ______.435  Use of residents in providing services.
Sec. ______.440  Services provided, not income.
Sec. ______.445  Consultation with the Department of Health and 
Human Services.
Sec. ______.500  Eligibility and priority for 1978 Act recipients.
Sec. ______.505  Submission and approval of applications by 
grantees.
Sec. ______.510  Submission and approval of applications by grantees 
funded initially under the 1978 Act, after the six-year transition 
period.
Sec. ______.515  Waiver authority.


Sec. ______.100  Authority and purpose.

    (a) Authority. This part is adopted pursuant to section 802 of 
the National Affordable Housing Act (42 U.S.C. 8011) and section 604 
of the Housing and Community Development Act of 1992. Pursuant to 
section 802(m) of the National Affordable Housing Act (NAHA), the 
Farmers Home Administration (FmHA) and HUD are promulgating rules 
and regulations applicable to the supportive services component of 
the congregate housing services program.
    (b) Purpose. (1) The program under this part provides for minimal 
supportive services to the frail elderly, persons with disabilities and 
temporarily disabled individuals as a means of preventing unnecessary 
institutionalization and encouraging deinstitutionalization. The 
program also provides management with the capacity to assess the 
service needs of eligible residents and to locate and arrange for the 
delivery of community based supportive services. The program is 
implemented in a manner that both respects the dignity of the 
participants and encourages their independence. The provision of 
supportive services allows for a continuum of care on a long term basis 
and offers another option in supportive living arrangements. The 
program functions as an active proponent of community based care and 
affords an opportunity for housing projects to become an additional 
source for supportive service delivery in the local area.
    (2) The program is additionally designed to:
    (i) Improve the quality of life of older Americans living in 
federally assisted housing;
    (ii) Preserve the viability of existing affordable housing projects 
for low income older residents who are aging in place by assisting 
managers of housing with the difficulties and challenges created by 
serving older residents;
    (iii) Develop partnerships between the Federal Government and State 
governments in providing services to the frail elderly and persons with 
disabilities and the temporarily disabled, and
    (iv) Utilize Federal and State funds in a more cost-effective and 
humane way in serving the needs of older adults.
    (c) Applicability. This part applies to:
    (1) Public housing as that term is defined in section 3(b) of the 
United States Housing Act of 1937;
    (2) Low income housing developed or operated under a contract 
between the Secretary of Housing and Urban Development and an Indian 
housing authority under title II of the United States Housing Act of 
1937;
    (3) Housing assisted under section 8 of the United States Housing 
Act of 1937 with a contract that is attached to the structure under 
section 8(d)(2) or with new construction or substantial rehabilitation 
of the structure under section 8(b)(2), as that section existed before 
October 1, 1983;
    (4) Housing assisted under section 202 of the Housing Act of 1959;
    (5) Housing assisted under section 221(d) or 236 of the National 
Housing Act, 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 
229 of the National Housing Act (unless the binding commitments have 
been made to extend the low-income use restriction relating to the 
housing);
    (6) Housing assisted under section 514 or 515 of the Housing Act of 
1949, 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 the housing for not less than the 20-year 
period under section 502(c)(4) of the Housing Act of 1949); and
    (7) Housing assisted under section 516 of the Housing Act of 1949.


Sec.  ______.105  Definitions.

    As used in this part--
    Act means section 802 of the Cranston-Gonzalez National Affordable 
Housing Act.
    Activity of Daily Living (ADL) means an activity regularly 
necessary for personal care and includes eating (may need assistance 
with cooking, preparing or serving food, but must be able to feed 
self); dressing (must be able to dress self, but may need occasional 
assistance); bathing (may need assistance in getting in and out of the 
shower or tub, but must be able to wash self; grooming (may need 
assistance in washing hair, but must be able to take care of personal 
appearance); getting in and out of bed and chairs, walking, going 
outdoors, using the toilet; and household management activities (may 
need assistance in doing housework, grocery shopping or laundry, or 
getting to and from one location to another for activities such as 
going to the doctor and shopping, but must be mobile. The mobility 
requirement does not exclude persons in wheelchairs or those requiring 
mobility devices). Each of the Activities of Daily Living noted above 
includes a requirement that a person must be deficient in his or her 
ability to perform at a specified minimal level (e.g., to satisfy the 
eating ADL, the person must be able to feed him/herself). The 
determination of whether a person is deficient in this minimal level of 
performance must include consideration of those services that will be 
performed by a person's spouse, relatives or other attendants to be 
provided by the individual. For example, if a person requires 
assistance with cooking, preparing or serving food plus assistance in 
feeding him/herself, the individual would meet the minimal performance 
level and thus satisfy the eating ADL, if a spouse, relative or 
attendant provides assistance with feeding the person. Should such 
assistance become unavailable at any time, the Owner is not obligated 
at any time to provide individualized services beyond those offered to 
the resident population in general. The Activities of Daily Living 
analysis is relevant only with regard to determination of a person's 
eligibility to receive supportive services paid for by CHSP and is not 
a determination of eligibility for occupancy.
    Adjusted income means adjusted income as defined in 24 CFR part 813 
or 913.
    Applicant means a State, Indian tribe, unit of general local 
government, PHA, IHA or local nonprofit housing sponsor. A State, 
Indian tribe, or unit of general local government may apply on behalf 
of a local nonprofit housing sponsor or a for-profit owner of eligible 
housing for the elderly.
    Area agency on aging means the single agency designated by the 
State Agency on Aging to administer the program described in Title III 
of the Older Americans Act of 1965 (45 CFR chapter XIII).
    Assistant Secretary means the HUD Assistant Secretary for Housing--
Federal Housing Commissioner or the HUD Assistant Secretary for Public 
and Indian Housing.
    Case management means implementing the processes of: establishing 
linkages with appropriate agencies and service providers in the general 
community in order to tailor the needed services to the program 
participant; linking program participants to providers of services that 
the participant needs; making decisions about the way resources are 
allocated to an individual on the basis of needs; developing and 
monitoring of case plans in coordination with a formal assessment of 
services needed; and educating participants on issues, including, but 
not limited to, supportive service availability, application procedures 
and client rights.
    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.
    Congregate Housing Services Program (CHSP) means a program assisted 
under this part undertaken by an eligible housing project to provide 
congregate services to program participants.
    Elderly person means a person who is at least 62 years of age.
    Eligible housing for the elderly means any eligible project 
including any building within a mixed-use project that was designated 
for occupancy by elderly persons, or persons with disabilities at its 
inception or, although not so designated, for which the eligible owner 
or grantee gives preference in tenant selection (with HUD approval) for 
all units in the eligible project (or for a building within an eligible 
mixed-use project) to eligible elderly persons, persons with 
disabilities, or temporarily disabled individuals. For purposes of this 
part, this term does not include projects assisted under the Low-Rent 
Housing Homeownership Opportunity program (Turnkey III (24 CFR part 
905, subpart G)).
    Eligible housing project means:
    (1) Public housing (as that term is defined in section 3(b) of the 
United States Housing Act of 1937);
    (2) Low income housing developed or operated under a contract 
between the Secretary of Housing and Urban Development and an Indian 
housing authority under title II of the United States Housing Act of 
1937;
    (3) Housing assisted under section 8 of the United States Housing 
Act of 1937 with a contract that is attached to the structure under 
section 8(d)(2), or with a contract entered into in connection with the 
new construction or substantial rehabilitation of the structure under 
section 8(b)(2), as that section existed before October 1, 1983;
    (4) Housing assisted under section 202 of the Housing Act of 1959;
    (5) Housing assisted under section 221(d) or 236 of the National 
Housing Act, 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 
229 of the National Housing Act (unless the binding commitments have 
been made to extend the low-income use restrictions relating to the 
housing for the remaining useful life of the housing);
    (6) Housing assisted under section 514 or 515 of the Housing Act of 
1949, 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 the housing for not less than the 20-year 
period under section 502(c)(4) of the Housing Act of 1949); and
    (7) Housing assisted under section 516 of the Housing Act of 1949.
    Eligible owner means an owner of an eligible housing project.
    Eligible project resident means a person residing in eligible 
housing for the elderly who qualifies under the definitions of frail 
elderly, person with disabilities (regardless of whether the person is 
elderly), or temporarily disabled.
    Excess residual receipts mean residual receipts of more than $500/
per unit in the project which are available and not committed to other 
uses at the time of application to HUD for CHSP. Such receipts may be 
used as matching funds and may be spent down to a minimum of $500/unit.
    Farmers Home Administration (FmHA) means a credit agency for 
agriculture and rural development in the U.S. Department of Agriculture 
(USDA).
    Fees mean charges levied to residents for meals with or without 
other supportive services under CHSP and equivalent fees and donations 
made to new or expanded State and local supportive services program 
which are used to match the CHSP other than those of the Older 
Americans Act.
    For-profit owner of eligible housing for the elderly means an owner 
of an eligible housing project in which some part of the project's 
earnings lawfully inure to the benefit of any private shareholder or 
individual.
    Frail elderly person means a person at least 62 years of age who is 
unable to perform three or more activities of daily living.
    Grantee or grant recipient means the recipient of funding or an 
eligible owner receiving funding under the Congregate Housing Services 
Program.
    HUD means the Department of Housing and Urban Development.
    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 under the Alaska 
Native Claims Settlement Act, that is recognized as eligible for the 
special programs and services provided by the United States to Indians 
because of their status as Indians.
    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.
    Local nonprofit housing sponsor means an owner or borrower of 
eligible housing for the elderly; no part of the net earnings of the 
owning organization shall lawfully inure to the benefit of any 
shareholder or individual.
    Nonprofit, as applied to an organization,
    (1) Means no part of the net earnings of the organization inures, 
or may lawfully inure, to the benefit of any private shareholder or 
individual; or
    (2) Means a public housing agency as that term is defined in 
section 3(b)(6) of the United States Housing Act of 1937.
    Person with disabilities means a household composed of one or more 
persons, at least one of whom is an adult who has a disability. A 
person shall be considered to have a disability if such person is 
determined under regulations issued by the Secretary to have a 
physical, mental, or emotional impairment which
    (1) Is expected to be of long-continued and indefinite duration;
    (2) Substantially impedes his or her ability to live independently; 
and
    (3) Is of such a nature that the person's ability could be improved 
by more suitable housing conditions.
    A person shall also be considered to have a disability if the 
person has a developmental disability as defined in section 102(5) of 
the Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6001-7). Notwithstanding the preceding provisions of this 
paragraph, the terms ``person with disabilities'' or ``temporarily 
disabled'' include two or more persons with disabilities living 
together, one or more such persons living with another person who is 
determined (under regulations prescribed by the Secretary of HUD) to be 
essential to their care or well-being, and the surviving member or 
members of any household where at least one or more persons was an 
adult with a disability who was living, in a unit assisted under this 
section, with the deceased member of the household at the time of his 
or her death.
    Professional Assessment Committee (PAC) means a group consisting of 
at least 3 individuals appointed by the officials of the eligible 
housing project responsible for the Congregate Housing Services Program 
and shall include at least one qualified medical and other health and 
social service professional competent to appraise the functional 
abilities of the frail elderly, persons with disabilities, and 
temporarily disabled persons in relation to the performance of 
activities of daily living.
    Program participant means a frail elderly person, person with 
disabilities, or temporarily disabled person receiving services under 
the Congregate Housing Services Program.
    Qualifying supportive services means new or significantly expanded 
services determined by the Secretary concerned to be minimally 
necessary and essential to enable eligible residents to live 
independently and avoid unnecessary institutionalization, including, 
but not limited to:
    (1) Meal service adequate to meet nutritional need;
    (2) Housekeeping aid;
    (3) 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);
    (4) Transportation services;
    (5) Non-medical supervision, wellness programs, preventive health 
screening, monitoring of medication consistent with State law;
    (6) Non-medical components of adult day care;
    (7) Personal emergency response systems and other requested 
supportive services essential for achieving and maintaining independent 
living if approved by the Secretary concerned.
    An owner may provide the qualifying services directly to eligible 
residents or may, by contract, provide such services through other 
appropriate agencies or providers.
    Secretary concerned means:
    (1) The Secretary of Housing and Urban Development, with respect to 
eligible federally assisted housing administered by HUD; and
    (2) The Secretary of Agriculture, with reference to programs 
administrated by the Administrator of the Farmers Home Administration.
    Service coordinator means a social services staff person who is 
hired by an eligible owner, grantee or management company, or another 
third party contractor such as a local case management agency. The 
service coordinator is responsible for assuring thorough case 
management so that program participants are linked to the supportive 
services they need to continue independent living.
    Service provider means a person or organization licensed or 
otherwise approved in writing by a State or local agency (e.g., 
Department of Health, Department of Human Services or Welfare) to 
provide supportive services.
    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.
    State agency on aging means the single agency designated by the 
Governor to administer the program described in Title III of the Older 
Americans Act of 1965 (see 45 CFR part 13).
    State agency means the State or an agency or instrumentality of the 
State.
    Temporarily disabled means having an impairment that is expected to 
be of no more than 6 months duration; and that impedes the ability of 
the individual to live independently unless the individual receives 
congregate services.
    Unit of general local Government means any city, town, township, 
county, parish, village, or other general purpose political subdivision 
of a State; and 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.


Sec. ______.200  Announcement of Fund Availability and Selection 
Criteria.

    (a) Notice of funding availability. A Notice of Funding 
Availability will be published periodically in the Federal Register by 
the Secretary concerned containing the amounts of funds available, 
allocation or distribution of funds available among eligible applicant 
groups, where to obtain and submit applications, the deadline for 
submissions, and further explanation of the selection criteria. The 
Secretary concerned will designate the maximum allowable size for 
grants.
    (b) Selection criteria. The criteria for selection shall include:
    (1) 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;
    (2) The schedule for establishment of services 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 (PAC);
    (5) The reasonableness and application of fees schedules 
established for congregate services;
    (6) The adequacy and accuracy of the proposed budgets; and
    (7) The extent to which the owner will provide funds from other 
services in excess of that required under the CHSP.


Sec. ______.205  Grant Agreement.

    (a) General. HUD will enter into grant agreements with states, 
units of general local government, Indian tribes, PHAs, IHAs and local 
nonprofit housing sponsors, utilizing amounts appropriated under NAHA 
for the purpose of providing congregate services for program 
participants for eligible housing for the elderly to promote and 
encourage maximum independence within a home environment for such 
residents capable of self-care, with appropriate supportive services.
    (b) Term of grant agreement. A grant will be for a term of five 
years, and will be renewable at the expiration of the term, subject to 
the availability of funds and in conformance with these regulations 
except as otherwise provided in Sec. ______.500.
    (c) Reservation of amount. The Secretary concerned shall reserve a 
sum equal to the total approved grant amount for each grantee.
    (d) Eligible grant recipients. The Secretary concerned will provide 
assistance, and enter into grant agreements with grant recipients cited 
under paragraph (a) of this section.
    (e) Grant Officer. The Grant Officer for the Secretary concerned 
will enter into the supportive services grant agreement on behalf of 
HUD or FmHA. The Secretary concerned will hold the grantee responsible 
for the administration of the Congregate Housing Services Program.
    (f) Grantee requirements. The grant agreement will require that the 
grantee:
    (1) Operate the congregate services program in accordance with 
applicable program regulations, laws, or other requirements of the 
Secretary concerned;
    (2) Assure the effective provision of supportive services to the 
program participants;
    (3) Conduct an ongoing assessment of the housing assistance and 
supportive services required by the program participants; and
    (4) Comply with such other terms and conditions, required by NAHA 
or its implementing regulations, including monitoring, if required, 
data and record keeping requirements and submission of reports (which 
must include racial and ethnic data on participants) that the Secretary 
concerned establishes for the purposes of carrying out an effective 
Congregate Housing Services Program. The Department concerned will 
enforce the obligations of the grantee under the agreement through such 
action as may be necessary, including the termination and recapture of 
supportive services funds awarded under CHSP.


Sec. ______.210  Eligible activities.

    (a) Supportive services. Funding for supportive services may be 
provided by state, local, public, or private providers, and/or CHSP 
funds. Grantees may provide the services directly or may subcontract 
with service providers in the community.
    (1) Qualifying supportive services may include, but need not be 
limited to:
    (i) Meal service adequate to meet nutritional need;
    (ii) Housekeeping aid;
    (iii) 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);
    (iv) Transportation services;
    (v) Non-medical supervision, wellness programs, preventive health 
screening, monitoring of medication consistent with state law;
    (vi) Non-medical components of adult day care;
    (vii) Personal emergency response systems; and
    (viii) Other requested supportive services essential for achieving 
and maintaining independent living, which are approved by the Secretary 
concerned.
    (2) The grantee may provide the qualifying services directly to 
program participants or may contract out the services through other 
appropriate agencies or providers. A congregate services program under 
this section shall provide meal and other services for program 
participants (and other residents and nonresidents, as provided in this 
section) that are coordinated on site.
    (3) Meal services shall meet the following guidelines:
    (i) Type of service. At least one meal a day must be served in a 
group setting for some or all of the participants; if more than one 
meal a day is provided, a combination of a group setting and carry-out 
meals may be utilized.
    (ii) Hot meals. At least one meal a day must be hot. A hot meal for 
the purpose of this program is one in which the principal food item is 
hot at the time of serving.
    (iii) Special menus. Grantees shall provide special menus as 
necessary for meeting the dietary needs arising from the health 
requirements of conditions such as diabetes and hypertension. Grantees 
should attempt to meet the dietary needs of varying religious and 
ethnic backgrounds.
    (iv) Meal service standards. Grantees shall plan for and provide 
meals which are wholesome, nutritious, and each of which meets a 
minimum of one-third of the minimum daily dietary allowances as 
established by the Food and Nutrition Board of the National Academy of 
Sciences-National Research Council (or State or local standards, if 
these standards are higher). Grantees must have an annual 
certification, prepared and signed by a registered dietitian, which 
states that each meal provided under CHSP meets the minimum daily 
dietary allowances.
    (v) Food stamps and agricultural commodities. In providing meal 
services under this paragraph (a)(2), each congregate services program 
shall apply for approval as a retail food store under section 9 of the 
Food Stamp Act of 1977 (42 U.S.C. 2018); and
    (A) If approved under the Food Stamp Act, accept coupons (as 
defined in section 3(e) of that Act) as payment from individuals to 
whom such meal services are provided; and
    (B) Shall request, and use to provide such meal services, 
agricultural commodities made available without charge by the Secretary 
of Agriculture.
    (vi) Preference for nutrition providers: In contracting for or 
otherwise providing for meal services under subparagraph (a)(2), each 
congregate housing services program shall give preference to any 
provider of meal services who:
    (A) Receives assistance under title III of the Older Americans Act 
of 1965; or
    (B) Has experience, according to such standards as the Secretary 
concerned shall require, in providing meal services in a housing 
project under the Congregate Housing Services Act of 1978, or any other 
program for congregate services.
    (b) The requirements of paragraph (a)(2) of this section do not 
preclude a grantee or owner from directly preparing and providing meals 
under its own auspices.


Sec. ______.215  Service plan.

    (a) The grantee shall provide a service plan with the application, 
estimating the type and nature of the services to be provided, and the 
estimated cost for each unit of service.
    (b) The grantee shall develop the service plan in consultation with 
the Area Agency on Aging and the appropriate state or local agency 
serving persons with disabilities, as applicable. Supportive services 
or funding for supportive services may be provided by state, local, 
public or private providers. Grantees may provide the services or may 
contract out the services with service providers in the community.


Sec. ______.220  Service coordinator.

    (a) Assistance may be provided to fund one or more service 
coordinators who may be responsible for:
    (1) Working with the professional assessment committee established 
under section Sec. ______.225 on an ongoing basis to assess the service 
needs of eligible residents;
    (2) Working with service providers and the professional assessment 
committee to tailor the provision of services to the minimum needs and 
characteristics of eligible residents;
    (3) Mobilizing public and private resources to ensure that the 
qualifying supportive services identified under Sec. ______.210 can be 
funded over the time period identified under Sec. ______.205;
    (4) Monitoring the effectiveness of any supportive service program 
receiving grant assistance under this section; and
    (5) Performing other duties and functions that the Secretary 
concerned determines to be appropriate to enable frail elderly persons, 
persons with disabilities, and temporarily disabled individuals 
residing in federally assisted housing for the elderly to live with 
dignity and independence.
    (b) The service coordinator shall comply with the qualifications 
and standards required by the Secretary concerned. The service 
coordinator shall 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, mental health issues, and any other areas required by the 
Secretary concerned.
    (c) The Service Coordinator may be employed directly by the 
grantee, or employed under a contract with a case management agency on 
a fee-for-service basis, and may serve less than full-time. The Service 
Coordinator or the case management agency providing service 
coordination shall not provide supportive services under a CHSP grant 
or have a financial interest in a service provider agency which intends 
to provide services to the grantee for the CHSP.
    (d) Funding for service coordinators may be provided by state, 
local, public or private providers or CHSP.
    (e) The Service Coordinator shall:
    (1) Provide general case management and referral services to all 
potential participants in the Congregate Housing Services Program. This 
involves intake screening upon referral, from the grantee, of income-
eligible frail elderly persons, persons with disabilities and 
temporarily disabled individuals, and preliminary assessment of frailty 
or disability, using a commonly accepted assessment tool. The Service 
Coordinator then will refer to the professional assessment committee 
(PAC) those individuals who appear eligible for the CHSP;
    (2) Establish professional relationships with all agencies and 
service providers in the community, and develop a directory of 
providers for use by program staff and program participants;
    (3) Refer proposed participants to service providers in the 
community, or those of the grantee. Serve as staff to the PAC. 
Complete, for the PAC, all paperwork necessary for the assessment, 
referral, case monitoring and reassessment processes; implement the 
case plan developed by the PAC and agreed to by the program 
participant. Maintain necessary case files on each program participant, 
containing such information and kept in such form that HUD and FmHA 
shall require. Provide the files to PAC members upon request, in 
connection with PAC duties;
    (4) Monitor the ongoing provision of services from community 
agencies and keep the PAC and the agency providing the supportive 
service informed of the progress of the participant;
    (5) Educate grant recipient's program participants on such issues 
as application procedures, service availability, and program 
participant options and responsibilities;
    (6) Establish volunteer support programs with service organizations 
in the community;
    (7) Assist the grant recipient to build informal support networks 
with neighbors, friends and family;
    (8) Educate other project management staff on issues related to 
``aging-in-place'' and services coordination, to help them to work with 
and assist other persons receiving housing assistance through the 
grantee.
    (f) Service coordinators shall not serve as members of the PAC.
    (g) For a Service Coordinator obtained under contract with a case 
management agency, the contract must include provisions containing, at 
a minimum: beginning and end dates of the contract; number and 
responsibilities of staff provided by the agency; rates of pay/costs of 
services to be provided; location of offices, and an agreement to 
provide HUD and FmHA access to the files; and other documentation 
pertinent to the Congregate Housing Services Program. Any contracts 
awarded or purchases made under this subsection by grantees that are 
public bodies must conform to the policies and procedures stated at 24 
CFR 85.36.
    (h) (1) Each frail elderly person, person with disabilities and 
temporarily disabled individual tentatively selected by the grantee 
must be assessed for degree of functional incapacity before being 
accepted into the Congregate Housing Services Program. The assessment 
is performed by a voluntary PAC, which handles the individual's 
entrance into and the transition out of the Congregate Housing Services 
Program, development of case plans for that person, and regular 
reassessment of the individuals in the program. PAC members may not be 
paid with Congregate program grant funds, but if the duties and 
responsibilities of the PAC are discharged by a community agency, the 
agency's costs may be counted as matching funds for any time spent on 
assessments after the initial approval of program participants, if 
approved by the Secretary concerned.
    (2) The PAC, upon completion of the assessment, must make a 
recommendation to the Service Coordinator for acceptance into (or 
denial of acceptance into) the Congregate Program. In the case of an 
acceptance, the PAC must provide a case plan for each eligible 
resident. Once an individual is accepted into the CHSP it is the 
responsibility of the Service Coordinator to tailor the case plan to 
the needs of that participant, and to work with community agencies, the 
grantee and third party service providers to ensure that the services 
are provided on a regular, ongoing, and satisfactory basis, in 
accordance with the plan. Before actual acceptance into the Congregate 
Housing Services Program, the eligible resident must work with the PAC 
and the Service Coordinator in developing his or her supportive 
services plan. Acceptance of any services under the plan by the program 
participant is voluntary. In developing this plan, the PAC must take 
into consideration the participant's needs and wants and must provide 
the minimum supportive services necessary to maintain independence. If 
participants want other services, they can buy them at cost, if 
available.


Sec. ______.225  Professional Assessment Committee (PAC).

    (a) General. A professional assessment committee, under paragraph 
(b) of this section, shall identify eligible project residents 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 affords individuals fair treatment, 
due process and a right of appeal of the determination of eligibility, 
and shall ensure the confidentiality of personal and medical records. A 
professional assessment committee under this section shall consist of 
not less than three individuals, who shall be appointed to the 
committee by the officials of the eligible housing project responsible 
for the congregate services program. It shall include at least one 
qualified medical or other health professional and social services 
professionals competent to appraise the functional abilities of frail 
elderly persons, persons with disabilities and temporarily disabled 
individuals in relation to the performance of tasks of daily living. 
Service coordinators shall not serve as PAC members. PAC members are 
subject to the conflict of interest provisions in Sec. ______.245(f). 
The PAC may be either a voluntary committee appointed by the project 
management or an agency in the community which provides assessment 
services and can conform to HUD and FmHA requirements. At least one PAC 
member shall not have any direct or indirect relationship to the 
grantee. No PAC member may be affiliated with organizations providing 
services under the grant. If a case management agency provides the 
service coordination, the agency may not be affiliated with the 
organization providing supportive services under the grant.
    (b) Operating procedures. The PAC shall:
    (1) Recommend, to the Service Coordinator, persons eligible for 
entrance, or for transition out of, CHSP;
    (2) Authorize or perform medical evaluations, if necessary. These 
evaluations may be performed by a PAC medical professional, or the 
applicants to CHSP may be referred to another agency in the community 
that will perform the evaluation without charge;
    (3) Recommend, and update as necessary, a supportive services plan 
for each frail elderly person or person with disabilities, or 
temporarily disabled person;
    (4) Obtain and retain information in files concerning program 
participants. The files should contain such information and be 
maintained in such form, as HUD and FmHA shall require;
    (5) Present written evaluations to the grantee; and
    (6) Allow program participants to appeal decisions related to 
entrance to, degree of participation needed, and transition out of 
CHSP.
    (c) Duties of the PAC. The PAC is required to:
    (1) Perform a formal assessment of each potential elderly program 
participant's deficiencies in performing the ADLs. This assessment 
shall be based upon the screening done by the Service Coordinator, and 
shall include a review of the adequacy of the informal support network 
(i.e., family and friends available to the potential participant to 
assist in meeting the ADL needs of that individual);
    (2) Determine that each elderly program participant is deficient in 
at least three ADLs. The minimum requirements of ADL include:
    (i) Eating (may need assistance with cooking, preparing or serving 
food, but must be able to feed self),
    (ii) Dressing (must be able to dress self, but may need occasional 
assistance),
    (iii) Bathing (may need assistance in getting in and out of the 
shower or tub, but must be able to wash self),
    (iv) Grooming (may need assistance in washing hair, but must be 
able to take care of personal appearance),
    (v) Getting in and out of bed and chairs, walking, going outdoors, 
using the toilet and
    (vi) Household management activities (may need assistance in doing 
housework, grocery shopping or laundry, or getting to and from one 
location to another for activities such as going to the doctor and 
shopping, but must be mobile. The mobility requirement does not exclude 
persons in wheelchairs or those requiring mobility devices.)
    Each of the Activities of Daily Living noted above includes a 
requirement that a person must be able to perform at a specified 
minimal level (e.g., to satisfy the eating ADL, the person must be able 
to feed him/herself). The determination of whether a person meets this 
minimal level of performance must include consideration of those 
services that will be performed by a person's spouse, relatives or 
other attendants to be provided by the individual. For example, if a 
person requires assistance with cooking, preparing or serving food plus 
assistance in feeding him/herself, the individual would meet the 
minimal performance level and thus satisfy the eating ADL, if a spouse, 
relative or attendant provides assistance with feeding the person. 
Should such assistance become unavailable at any time, the Owner is not 
obligated at any time to provide individualized services beyond those 
offered to the resident population in general. The Activities of Daily 
Living analysis is relevant only with regard to determination of a 
person's eligibility to receive supportive services paid for by CHSP 
and is not a determination of eligibility for occupancy;
    (3) Determine that non-elderly disabled individuals qualify under 
the definition of person with disabilities under Sec. ______.105;
    (4) Perform a regular assessment and updating of the supportive 
services plan of all participants;
    (5) Replace any members of the PAC within 30 days after a member 
resigns. A PAC shall not do formal assessments if its membership drops 
below three, or if the qualified medical professional leaves the PAC 
and has not been replaced by the grantee;
    (6) Notify the grantee or eligible owner and the program 
participants of any proposed modifications to PAC procedures, and 
provide these parties with a process and reasonable time period in 
which to review and comment, before adoption of a modification;
    (7) Provide assurance of nondiscrimination in selection of CHSP 
participants, with respect to race, religion, color, sex, national 
origin, familial status or type of disability;
    (8) Provide complete confidentiality of information related to any 
individual examined, in accordance with the Privacy Act of 1974;
    (d) Procedural rights of participants.  (1) The PAC must provide an 
informal process that recognizes the rights of individuals receiving 
assistance to due process of law. This process, at a minimum, must 
consist of:
    (i) Serving the participant with a written notice containing a 
clear statement of the reasons for termination;
    (ii) A review of the decision, in which the participant is given 
the opportunity to present written or oral objections before a person 
other than the person (or a subordinate of that person) who made or 
approved the termination decision; and
    (iii) Prompt written notification of the final decision to the 
participant.
    (2) Procedures must ensure that any frail elderly person, person 
with disabilities, or temporarily disabled person (and program 
participant upon reassessment) has the option of refusing offered 
services and requesting other supportive services as part of the case 
planning process.
    (3) In situations where an individual requests additional services, 
not initially recommended by the PAC, the PAC must make a determination 
whether the request is legitimately a needs-based service that can be 
covered under the CHSP subsidy. Individuals can pay for services other 
than those recommended by the PAC as long as the additional services do 
not interfere with the efficient operation of the program.
    (e) Eligibility, admissions and transition-out procedures. (1) 
Before selecting frail elderly persons, persons with disabilities, or 
temporarily disabled participants, each grantee (with PAC assistance) 
shall develop a supportive services application form for the use of 
persons applying for supportive services under CHSP. The information in 
the individual's supportive services application is crucial to the 
PAC's determination of the need for further physical or psychological 
evaluation of any individual who wishes to receive the supportive 
services offered. The application should include: any intake form, the 
ADL assessment, and appropriate comments from both the applicant's 
physician and the Service Coordinator.
    (2) The grantee or PAC must develop procedures for providing for an 
individual's transition out of the CHSP to another setting. Transition 
out is based upon the degree of supportive services needed by an 
individual to continue to live independently. If a program participant 
is transitioned out of the program, but wishes to retain supportive 
services, he or she may do so, as long as he or she remains income 
eligible, continues to live in an eligible project, and pays the full 
cost of services provided. A participant can be transitioned out of 
CHSP if he or she:
    (i) Gains physical and mental health and is able to function 
without supportive services, even if only for a short time (in which 
case readmission, based upon reassessment to determine the degree of 
frailty or the disability, is acceptable);
    (ii) Requires a higher level of care than that which can be 
provided under CHSP; or
    (iii) Refuses or fails to pay service fees.


Sec. ______.230  Eligibility.

    (a) Participants. (1) Any eligible resident as defined in 
Sec. ______.105 of an eligible housing project (or any person 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 the CHSP.
    (2) In providing services under a Congregate Housing Services 
Program, the program shall give priority to very low income 
individuals, and shall consider their service needs in selecting 
program participants.
    (b) Other residents. Elderly persons, persons with disabilities and 
temporarily disabled individuals who reside in an eligible housing 
project other than eligible project residents under paragraph (a)(1) of 
this section may receive services from a congregate services program if 
the housing managers, congregate service coordinators, and the 
professional assessment committee jointly determine that the 
participation of these 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 
Sec. ______.240.
    (c) Nonresidents. Elderly persons, persons with disabilities, and 
temporarily disabled persons who are not residents of the project may 
participate in the Congregate Housing Services Program at the option of 
program management in consultation with project residents, if the 
participation of these persons will not adversely affect the cost 
effectiveness or operation of the program, or add significantly to the 
need for assistance. Nonresidents who receive services under the 
congregate services program shall pay a fee as established under 
Sec. ______.240(f).


Sec. ______.235  Cost distribution.

    (a) General. Each state, Indian tribe, unit of general government, 
or local nonprofit housing sponsor that receives amounts under a 
contract under Sec. ______.205(a) shall supplement any such amount with 
amounts sufficient to provide at least 50 percent of the cost of 
providing the congregate services program. In instances where the state 
is the applicant, the local government's contribution shall not exceed 
10 percent of the amount required of the state. The Secretary concerned 
shall authorize owners to use excess residual receipts (if authorized) 
to the extent available to supplement funds received from CHSP.
    (1) The CHSP shall provide no more than 40 percent of the cost of 
the program, under a grant agreement in accordance with 
Sec. ______.205(a).
    (2) Fees paid by the participants under Sec. ______.240 shall 
provide at least 10% of the cost of the program up to a maximum of 20% 
of each participant's adjusted income. The Secretary concerned shall 
provide for the waiver of fees for individuals who are without income.
    (b) Maintenance of existing supportive services. In the 
application, the applicant (and or Project, if different) shall certify 
that it shall maintain the existing supportive services that frail 
elderly and nonelderly disabled residents are already receiving, 
including those which a PAC may determine are necessary to maintain 
independence for potential CHSP participants. These services will be 
maintained either for the time the individual remains in the CHSP, or 
for the duration of the CHSP grant. These services do not qualify as 
matching funds.
    (c) Prohibition on substitution of funds. The grantee shall ensure 
that the activities provided to the project under a grant in support of 
activities eligible for assistance under this part will be in addition 
to, and not in substitution for, annual funds the grantee was providing 
to the project in support of activities eligible for assistance under 
this part before the date of the submission of the application for CHSP 
assistance. The grantee shall certify to the Secretary concerned that 
CHSP funds will not be substituted for funds that the grantee was 
providing before the date of application for assistance under CHSP.
    (d) Eligible supplemental contributions (Matching Funds). (1) All 
sources of matching funds must be directly related to the types of 
supportive services prescribed by the PAC or CHSP administration.
    (2) Matching funds may include:
    (i) Cash (which may include funds from federal, state and local 
governments, third party contributions, available payments authorized 
under Medicaid for specific individuals in the Congregate Housing 
Services Program, Community Development Block Grants or Community 
Services Block Grants, Older Americans Act programs or excess residual 
funds with the approval of the Secretary concerned).
    (ii) The imputed dollar value of other agency or third party-
provided direct services or staff who will work with or provide 
services to program participants; these services must be justified in 
the application to assure that they are the new or expanded services of 
the CHSP necessary to keep the program participants independent without 
creating dependence. If services are provided by the state, Indian 
tribe, unit of general local government, or local nonprofit housing 
sponsor, IHA, PHA, for profit or not for profit owner, any salary paid 
to staff from governmental sources to carry out the program of the 
grantee and any salary paid to residents employed by the program (other 
than from amounts under a contract under Sec. ______.205) is allowable 
match.
    (iii) In-kind items (these are limited to 10 percent of the 50 
percent matching amount), such as the current market value of donated 
common or office space, utility costs, furniture, material, supplies, 
equipment and food used in direct provision of services. The applicant 
must provide an explanation for the estimated donated value of any item 
listed.
    (iv) The value of services performed by volunteers to the program, 
at the rate of $5.00 an hour.
    (e) Limitation.  (1) The following are not eligible for use as cash 
match funds:
    (i) Funds from a PHA's operating funds;
    (ii) PHA's section 8 administrative fee;
    (iii) CHSP funds;
    (iv) Section 8 funds other than excess residual receipts;
    (v) CIAP funds unless used for service coordination or case 
management;
    (vi) Comprehensive grant funds unless used for service coordination 
or case management.
    (2) For purposes of complying with the requirements of paragraph 
(a) of this section, if the state is the applicant, the Secretary 
concerned may not consider any amounts contributed or provided by any 
local government to any state receiving assistance under this section 
that exceeds 10 percent of the amount required of the state.
    (f) Annual review of match. The Secretary concerned will review the 
infusion of matching funds annually, as part of the program/budget 
review. If there are insufficient matching funds available to meet 
program requirements at any point after grant start-up, or at any time 
during the term of the grant (i.e., if matching funds from sources 
other than program participant fees drop below 50 percent of total 
supportive services cost), the Secretary concerned may decrease the 
federal grant share of supportive services funds accordingly.


Sec. ______.240  Program participant fees.

    (a) Eligible program participants. The grantee of each funded 
eligible housing project shall establish fees for meals and other 
services provided under a congregate services program, which shall be 
sufficient to provide at least 10 percent of the costs of the program. 
Each program participant shall pay CHSP fees as stated below up to a 
maximum of 20 percent of the program participant's adjusted income. In 
cases where a program participant has no adjusted income, the fee 
requirement may be waived by the grantee. If a participant's fees are 
waived, the grantee shall share 50/50 the cost of any shortfall in fee 
collections with the Secretary concerned.
    (b) Fees shall include. (1) Cash contributions of the program 
participant;
    (2) Food Stamps; and
    (3) Contributions or donations to other eligible programs 
acceptable as match under Sec. ______.235(d).
    (c) Older Americans Act Program. No fee may be charged for any 
meals or supportive services under the CHSP if that service is funded 
under an Older Americans Act Program.
    (d) Meal Fees. (1) For full meal services, the fees for residents 
receiving more than one meal per day, seven days per week, shall be 
reasonable and shall equal between 10 and 20 percent of the adjusted 
income of the project resident, or the cost of providing the services, 
whichever is less.
    (2) The fees for residents receiving meal services less frequently 
than as described in subparagraph (d)(1) shall be in an amount equal to 
10 percent of the adjusted income of the project resident, or the cost 
of providing the services, whichever is less.
    (e) Other service fees. The grantee of an eligible project may also 
establish fees for other supportive services so that the total fees 
collected from all participants for meals and other services is no less 
than 10 percent of the total cost of the CHSP. However, no program 
participants may pay more than 20 percent of their adjusted incomes for 
any combination of services.
    (f) Other residents and nonresidents. Fees shall be established for 
residents of eligible housing projects (other than eligible project 
residents) and for nonresidents who receive meals and other services 
from a congregate services program under Sec. ______.230 (b) or (c). 
These fees shall be in an amount equal to the cost of providing the 
services.


Sec. ______.245  Other Federal requirements.

    (a) OMB circulars and administrative requirements. The policies, 
guidelines and requirements of OMB Circular No. A-87 and 24 CFR part 85 
apply to the acceptance and use of assistance under this program by 
public body grantees. The policies, guidelines and requirements of OMB 
Circular No. A-122 apply to the acceptance and use of assistance under 
this program by nonprofit grantees. Grantees are also subject to the 
audit requirements described in 24 CFR part 44 (OMB Circular A-128).
    (b) Drug-free workplace. Grantees must certify that they will 
provide a drug-free workplace, in accordance with the Drug-Free 
Workplace Act of 1988 and HUD's implementing regulations at 24 CFR part 
24, subpart F.
    (c) Nondiscrimination and equal opportunity. Recipients must comply 
with the following requirement for nondiscrimination on the basis of 
race, color, religion, sex, national origin, age, familial status, and 
disability:
    (1) Fair housing requirements. The requirements of the Fair Housing 
Act (42 U.S.C. 3601-19) and HUD's fair housing regulations (24 CFR part 
100); Executive Order 11063 (Equal Opportunity in Housing) and 24 CFR 
part 107; the fair housing poster regulations (24 CFR part 110) and 
advertising guidelines (24 CFR part 109).
    (2) Nondiscrimination in housing. Title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d) and HUD regulations at 24 CFR part 1.
     (3) Discrimination on the basis of age or handicap. The 
prohibitions against discrimination on the basis of age under the Age 
Discrimination Act of 1975 (42 U.S.C. 6101-07) and HUD regulations at 
24 CFR part 146, and the prohibitions against discrimination against 
disabled individuals under section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794) and HUD regulations at 24 CFR part 8.
    (4) Employment opportunities. The requirements of section 3 of the 
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Employment 
Opportunities for Lower Income Persons in Connection With Assisted 
Projects) and the implementing regulations at 24 CFR part 135.
    (5) Minority and women's business enterprises. The requirements of 
Executive Orders 11246, 11625, 12432, and 12138. Consistent with HUD's 
responsibilities under these Orders, recipients must make efforts to 
encourage the use of minority and women's business enterprises in 
connection with funded activities.
    (6) Affirmative outreach. The Affirmative Fair Housing Marketing 
Program requirements of 24 CFR part 200, subpart M, and the 
implementing regulations at 24 CFR part 108.
    (7) Disability requirements. Fair Housing Act and section 504.
    (8) Racial and ethnic collection requirements. Recipients must 
maintain current data on the race, ethnicity and gender of program 
applicants and beneficiaries in accordance with section 562 of the 
Housing and Community Development Act of 1987 and section 808(e)(6) of 
the Fair Housing Act.
    (d) Anti-lobbying certification. Section 319 of Public Law 101-121 
prohibits recipients of Federal contracts, grants and loans from using 
appropriated funds for lobbying the Executive or Legislative Branches 
of the Federal Government. Indian tribes, tribal organizations and 
Indian Housing Authorities created under Tribal Law are excluded from 
coverage under Section 319. A common rule governing the restrictions on 
lobbying was published by the Department of Agriculture at 7 CFR part 
3018 and by the Department of Housing and Urban Development at 24 CFR 
part 87. The rule requires applicants, grantees, and subgrantees of 
assistance exceeding $100,000 in budget authority to certify that no 
Federal funds have been or will be spent on lobbying activities in 
connection with the assistance. The rule also requires disclosures from 
applicants, among others, if nonappropriated funds have been spent or 
committed for lobbying activities if those activities would be 
prohibited if paid with appropriated funds. The law provides 
substantial monetary penalties for failure to file the required 
certification or disclosure.
    (e) Debarred or suspended contractors. The provisions of 24 CFR 
part 24 and 7 CFR part 3017 apply to the employment, engagement of 
services, awarding of contracts, or funding of any contractors or 
subcontractors during any period of debarment, suspension, or placement 
in ineligibility status.
    (f) Conflict of interest. In addition to the conflict of interest 
requirements in OMB Circular A-87 and 24 CFR part 85, no person who is 
an employee, agent, consultant, officer, or elected or appointed 
official of the applicant, and who exercises or has exercised any 
function or responsibilities with respect to activities assisted with 
congregate housing services program grant funds, or who is in a 
position to participate in a decision-making process or gain inside 
information with regard to such activities, may obtain a personal or 
financial interest or benefit from the activity, or have an interest in 
any contract, subcontract, or agreement with respect thereto, or any 
proceeds thereunder, either for himself or herself or for those with 
whom he or she has family or business ties during his or her tenure, or 
for one year thereafter.
    (g) Disclosures required by Reform Act. Section 102(c) of the HUD 
Reform Act of 1989, Public Law 101-235 (December 15,1980) requires 
disclosure concerning other government assistance to be made available 
with respect to the program and parties with a pecuniary interest in 
the Congregate Housing Services Program and submission of a report on 
expected sources and uses of funds to be made available for CHSP. Each 
applicant shall include information required by 24 CFR part 12 on form 
HUD-2880 ``Applicant/Recipient Disclosure/Update Report.''


Sec. ______.300  Application.

    The application must contain all of the information required by the 
Notice of Funding Availability (NOFA).


Sec. ______.305  Application evaluation and selection.

     Each application shall be reviewed and screened for technical 
deficiencies in accordance with the guidelines and procedures published 
in the NOFA. Applications will be selected in accordance with the 
procedures set forth in the NOFA.


Sec. ______.325  Monitoring of project sites by Governmental units.

    States, Indian tribes and units of general local government with a 
grant for multiple projects shall be responsible for monitoring the 
performance of all project sites for compliance with CHSP regulations 
and procedures in such manner as prescribed by HUD/FmHA.


Sec. ______.330  Evaluation of provision of congregate services 
programs.

    (a) States, Indian tribes and units of general local government 
receiving assistance annually shall review and evaluate the performance 
of the congregate services programs at eligible housing projects 
receiving assistance in their respective jurisdictions.
    (b) Grantees annually shall submit to the Secretary concerned, a 
report evaluating the impact and effectiveness of congregate services 
programs in the jurisdiction of the grantee, in such form as the 
Secretary concerned shall require.
    (c) The Secretary of Housing and Urban Development and the 
Secretary of Agriculture shall review and evaluate the performance of 
the congregate services programs of eligible housing projects receiving 
assistance under this section.
    (d) Each state, Indian tribe, unit of general local government and 
nonprofit housing sponsor receiving assistance shall submit a 
certification with its application, agreeing to cooperate with and to 
provide requested data to the entity responsible for the program 
evaluation, if requested to do so by the Secretary concerned.


Sec. ______.335  Renewal of grants.

    (a) Grantees funded initially under this part shall be eligible to 
receive continued, non-competitive renewals after the initial five-year 
term of the grant, if funds are appropriated and available.
    (b) Grantees will receive priority funding within time periods 
prescribed by the Secretary concerned, subject to the availability of 
funding, satisfactory performance, and compliance with these 
regulations.
    (c) Renewal of these grants shall be within the time periods and in 
the form as prescribed by the Secretary concerned.


Sec. ______.400  Participatory agreement.

    Each program participant must sign a participatory agreement 
governing the utilization of supportive services and the payment of 
supportive services fees. The agreement must be renegotiated with the 
participant annually by the grantee.


Sec. ______.405  Reserve for supplemental adjustment.

    The Secretary concerned 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 concerned, supplemental adjustments are required to maintain 
adequate levels of services to eligible residents. Requests to utilize 
supplemental funds by the grantee shall be transmitted to the Secretary 
concerned in such form as may be required. Funds in the reserve which 
are not used during the first six months of each annual review cycle 
may be used for future CHSP grants.


Sec. ______.415  Recapture.

    (a) The Secretary concerned may impose sanctions, recapture grant 
funds or terminate grants for supportive services for:
    (1) Grantee's non-compliance with the grant agreement, regulations 
of HUD or FmHA requirements; or
    (2) Failure of the grantee to provide supportive services within 12 
months of execution of the Congregate Housing Services Program grant.
    (b) Sanctions include but are not limited to the following:
    (1) Temporary withholding of reimbursements, extensions or renewals 
under the grant agreement, pending correction of deficiencies by the 
grantee;
    (2) Contract conditioning;
    (3) Termination of the grant;
    (4) Substitution of grantee;
    (5) And any other action deemed necessary by the Secretary 
concerned.


Sec. ______.420  Reports.

    Each grantee shall submit annual and other program and fiscal 
reports to the Secretary concerned in such form and at such times, as 
the Department concerned requires.


Sec. ______.425  Budget submissions.

    Each grantee shall submit a supportive services budget for the 
first year of supportive services delivery, and annually thereafter, in 
such form as the Department concerned requires. The budget for the 
first year normally will utilize less than 20 percent of the funds 
potentially available, due to start-up. Any utilization of less than 20 
percent of supportive services funds in any year can be carried forward 
for use in later years.


Sec. ______.430  Program costs.

    (a) Allowable costs. (1) Allowable costs for direct provision of 
supportive services includes the provision of supportive services and 
others approved by the Department concerned for:
    (i) Direct hiring of staff, including a Service Coordinator;
    (ii) Supportive service contracts with third parties;
    (iii) Equipment and supplies (including food) necessary to provide 
services;
    (iv) Operational costs of a transportation service (e.g., mileage, 
insurance, gasoline and maintenance, driver wages, taxi or bus 
vouchers);
    (v) Purchase or leasing of vehicles;
    (vi) Direct and indirect administrative expenses for administrative 
costs such as annual fiscal review and audit, telephones, postage, 
travel, professional education, furniture and equipment, and costs 
associated with self evaluation or assessment (not to exceed one 
percent of the total budget for the activities approved) and
    (vii) States, Indian tribes and units of general local government 
with more than one project included in the grant may receive up to 1% 
of the total cost of the grant for monitoring the projects.
    (2) Allowable costs shall be reasonable, necessary and recognized 
as expenditures in compliance with the Office of Management and 
Budget's (OMB) Cost Policies, i.e., OMB Circular A-87, 24 CFR 85.36, 
and OMB Circular A-128. (Copies of OMB Circulars may be obtained from 
E.O.P. Publications, room 2200, New Executive Office Building, 
Washington, DC 20503, telephone (202) 395-7332. (This is not a toll-
free number.) There is a limit of two free copies.
    (b) Nonallowable costs. (1) The Congregate Housing Services Program 
supportive service funds may not be used to cover expenses related to 
any grantee program, service, or activity existing at the time of 
application to the Congregate Housing Services Program.
    (2) Examples of non-allowable costs under the program are:
    (i) Capital funding (such as purchase of buildings, related 
facilities or land and certain major kitchen items such as stoves, 
refrigerators, freezers, dishwashers, trash compactors or sinks);
    (ii) Administrative costs, such as a non-proportional share of 
costs charged to the Congregate Housing Services Program for rent/
lease, utilities, staff time;
    (iii) Payments to PAC members (other than the Service Coordinator) 
or third party organizations providing that function;
    (iv) Cost of supportive services other than those approved by the 
Secretary concerned;
    (v) Modernization, renovation or new construction of a building or 
facility, including kitchens;
    (vi) Any costs related to the development of the application and 
plan of operations before the effective date of the Congregate Housing 
Services Program grant award;
    (vii) Emergency medical services and ongoing and regular care from 
doctors and nurses, including but not limited to administering 
medication, purchase of medical supplies, equipment and medications, 
overnight nursing services, and other institutional forms of service, 
care or support;
    (viii) Occupational therapy and vocational rehabilitation services; 
or
    (ix) The value of PAC members' time for any time period estimate 
related to the initial assessment of individuals before they are 
accepted into the CHSP; or
    (x) Other items defined as unallowable costs in the supportive 
services grant instrument and OMB Circular A-87 or 122.
    (c) Administrative cost limitation. A recipient of assistance under 
this section may not use more than 10 percent of the sum of the 
assistance and the contribution amounts required under 
Sec. ______.235(a) for administrative costs, and shall ensure that any 
entity to which the recipient distributes amounts may not expend more 
than a reasonable amount from distributed amounts for administrative 
costs. Administrative costs may not include any capital expenses.


Sec. ______.435  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 
congregate services under this part. These individuals shall be paid 
wages that shall not be less than the higher of:
    (a) The minimum wage that would be applicable to the employee under 
the Fair Labor Standards Act of 1938, if section 6(a)(1) of that Act 
applied to the resident, and if the resident were not exempt under 
section 13 of that Act;
    (b) The State 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.


Sec. ______.440  Services provided not income.

    Except for wages paid under Sec. ______.435, services provided to a 
resident of an eligible housing project under a congregate services 
program shall 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.


Sec. ______.445  Consultation with the Department of Health and Human 
Services.

    The Secretary concerned shall consult with the Secretary of Health 
and Human Services regarding the availability of assistance from other 
Federal programs to support services under this part and shall make 
information available to applicants for assistance under this part.


______.500  Eligibility and priority for 1978 Act recipients.

    (a) Notwithstanding any other provision of this section, any public 
housing agency or nonprofit corporation assisted under section 202 of 
the Housing Act of 1959 that was receiving assistance under a grant 
under the Congregate Housing Services Act of 1978 on November 28, 1990 
shall receive assistance under the Congregate Housing Services Act of 
1978 for the remainder of the term of its grant, and shall receive 
priority for assistance under this section after the expiration of its 
grant.
    (b) For any congregate services program that was receiving 
assistance under a grant under the Congregate Housing Services Act of 
1978 on November 28, 1990, the grantee, in coordinating with a local 
government with respect to that grantee's program, shall not be subject 
to the requirement to provide supplemental contributions under 
Sec. ______.235(a) (for that program) for the six-year period beginning 
on the expiration of the program's current assistance contract. Each 
such program recipient shall maintain, for the six-year period, the 
same dollar amount of annual contributions in support of the services 
eligible for assistance under this section as was contributed to the 
program during the year preceding November 28, 1990. This amount shall 
be equal to no less than the dollar amount of the annual contribution 
plus any inflationary increases allowed by HUD and FmHA.


Sec. ______.505  Submission and approval of applications by grantees.

    The applicant shall submit an application as required by the 
Secretary concerned.


Sec. ______.510  Submission and approval of applications by grantees 
funded initially under the 1978 Act, after the six-year transition 
period.

    Grantees funded initially under the 1978 Act shall be eligible to 
receive continued, non-competitive funding after the six-year 
transition period. These grantees will be eligible to receive priority 
funding under this part if they comply with these regulations and with 
the requirements of any Funding Notice issued in a particular fiscal 
year.


Sec. ______.515  Waiver authority.

    The Secretary concerned may waive any requirement of these 
regulations that is not required by law, upon a determination of good 
cause. Each waiver will be in writing, supported by documentation of 
the pertinent facts and grounds, and signed by the Secretary concerned. 
The Secretary concerned will publish notice of granted waivers in the 
Federal Register.

-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
Adoption of the Final Common Rule

    The agency specific adoption of the final common rule, which 
appears at the end of the common preamble appears below:

FARMERS HOME ADMINISTRATION

7 CFR Part 1944

List of Subjects in 7 CFR Part 1944

    Farm labor housing, Migrant labor, Nonprofit organizations, Public 
housing, Rent subsidies, and Rural rental housing.

    Chapter XVIII of title 7 of the Code of Federal Regulations is 
amended by revising subpart F to part 1944 to read as set forth at the 
end of the common preamble.

    Dated: April 5, 1994.
Bob J. Nash,
Under Secretary, Small Community and Rural Development.

PART 1944--HOUSING

Subpart F--Congregate Housing Services Program

Sec.
1944.251 (______.100)  Authority and purpose.
1944.252 (______.105)  Definitions.
1944.253 (______.200)  Announcement of fund availability and 
selection criteria.
1944.254 (______.205)  Grant agreement.
1944.255 (______.210)  Eligible activities.
1944.256 (______.215)  Service plan.
1944.257 (______.220)  Service coordinator.
1944.258 (______.225)  Professional Assessment Committee (PAC).
1944.259 (______.230)  Eligibility.
1944.260 (______.235)  Cost distribution.
1944.262 (______.240)  Program participant fees.
1944.264 (______.245)  Other Federal requirements.
1944.266 (______.300)  Application.
1944.268 (______.305)  Application evaluation and selection.
1944.270 (______.325)  Monitoring of project sites by Governmental 
units.
1944.272 (______.330)  Evaluation of provision of Congregate 
Services Programs.
1944.274 (______.335)  Renewal of grants.
1944.276 (______.400)  Participatory agreement.
1944.278 (______.405)  Reserve for supplemental adjustment.
1944.282 (______.415)  Recapture.
1944.284 (______.420)  Reports.
1944.286 (______.425)  Budget submissions.
1944.288 (______.430)  Program costs.
1944.290 (______.435)  Use of residents in providing services.
1944.292 (______.440)  Services provided not income.
1944.294 (______.445)  Consultation with the Department of Health 
and Human Services.
1944.296 (______.500)  Eligibility and priority for 1978 Act 
recipients.
1944.298 (______.505)  Submission and approval of applications by 
grantees.
1944.300 (______.510)  Submission and approval of applications by 
grantees funded initially under the 1978 Act, after the six-year 
transition period.
1944.302 (______.515)  Waiver authority.

    Authority: 42 U.S.C. 1480, 8011; 5 U.S.C. 301, 7 CFR 2.23 and 
2.70.
-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 700

List of Subjects in 24 CFR Part 700

    Aged, Grant Programs--housing and community development, 
Individuals with disabilities, Low and moderate income housing, 
Nutrition, Public housing, Rent subsidies, Reporting and recordkeeping 
requirements, and Supportive Services.

    Title 24 of the Code of Federal Regulations is amended by revising 
part 700 to read as set forth at the end of the common preamble.

    Dated: April 14, 1994.
Henry G. Cisneros,
Secretary.
    Part 700 is revised to read as set forth at the end of the common 
preamble.

PART 700--CONGREGATE HOUSING SERVICES PROGRAM

Sec.
700.100  Authority and policy.
700.105  Definitions.
700.200  Announcement of fund availability and selection criteria.
700.205  Grant agreement.
700.210  Eligible activities.
700.215  Service plan.
700.220  Service coordinator.
700.225  Professional Assessment Committee (PAC).
700.230  Eligibility.
700.235  Cost distribution.
700.240  Program participant fees.
700.245  Other Federal requirements.
700.300  Application.
700.305  Application evaluation and selection.
700.325  Monitoring of Project Sites by Governmental Units.
700.330  Evaluation of provision of Congregate Services Programs.
700.335  Renewal of grants.
700.400  Participatory agreement.
700.405  Reserve for supplemental adjustment.
700.415  Recapture.
700.420  Reports.
700.425  Budget submissions.
700.430  Program costs.
700.435  Use of residents in providing services.
700.440  Services provided not income.
700.445  Consultation with the Department of Health and Human 
Services.
700.500  Eligibility and priority for 1978 Act recipients.
700.505  Submission and approval of applications by grantees.
700.510  Submission and approval of applications by grantees funded 
initially under the 1978 Act, after the six-year transition period.
700.515  Waiver authority.

    Authority: Sec. 802, National Affordable Housing Act (42 U.S.C. 
8011) and Sec. 604, Housing and Community Development Act of 1992.

[FR Doc. 94-9878 Filed 4-28-94; 8:45 am]
BILLING CODE 4210-32-P