ELIGIBILITY OF ASSISTED LIVING FACILITIES FOR MORT-GAGE INSURANCE UNDER SECTION 232.

SEC. 511. ELIGIBILITY OF ASSISTED LIVING FACILITIES FOR MORT-GAGE INSURANCE UNDER SECTION 232. (a) Purpose.—Section 232(a) of the National Housing Act (12 U.S.C. 1715w(a)) is amended— (1) in the matter preceding paragraph (1), by striking “either” and inserting “any”; and (2) by adding at the end the following new paragraph: “(3) The development of assisted living facilities for the care of frail elderly persons.”. (b) Definitions.—Section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)) is amended— (1) in paragraph (4), by striking “and” at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: “(6) the term ‘assisted living facility’ means a public facility, proprietary facility, or facility of a private nonprofit corporation that— “(A) is licensed and regulated by the State (or if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located); “(B) makes available to residents supportive services to assist the residents in carrying out activities of daily living, such as bathing, dressing, eating, getting in and out of bed or chairs, walking, going outdoors, using the toilet, laundry, home management, preparing meals, shop-ping for personal items, obtaining and taking medication, managing money, using the telephone, or performing light or heavy housework, and which may make available to 106 STAT. 3785residents home health care services, such as nursing and therapy; and “(C) provides separate dwelling units for residents, each of which may contain a full kitchen and bathroom, and which includes common rooms and other facilities appropriate for the provision of supportive services to the residents of the facility; and “(7) the term ‘frail elderly person’ has the meaning given the term in section 802(k) of the Cranston-Gonzalez National Affordable Housing Act.”. (c) Mortgage Requirements.—Section 232(d) of the National Housing Act (12 U.S.C. 1715w(d)) is amended— (1) in the matter preceding paragraph (1)— (A) by inserting “, assisted living facility,” before “or intermediate care facility”; (B) by striking “combined nursing home and intermediate care facility” and inserting “any combination of nursing home, assisted living facility, and intermediate care facil-ity”; and (C) by inserting after “intermediate care facility” the first place it appears the following: “, including a new addition to an existing nursing home, assisted living facil-ity, or intermediate care facility and regardless of whether the existing home or facility is being rehabilitated,”; (2) in paragraph (2), in the matter preceding subparagraph (A), by inserting “or 95 percent of the estimated value of the property or project in the case of a mortgagor that is a private nonprofit corporation or association (under the meaning given such term for purposes of section 221(d)(3) of this Act),” before “including”; (3) in paragraph (3), by adding at the end the following: “The Secretary shall not promulgate regulations or establish terms or conditions that interfere with the ability of the mortgagor and mortgagee to determine the interest rate; and (4) in paragraph (4), by adding at the end the following new subparagraph: “(C) With respect to assisted living facilities or any such facility combined with any other home or facility, the Secretary shall not insure any mortgage under this section unless— “(i) the Secretary determines that the level of financing acquired by the mortgagor and any other resources avail-able for the facility will be sufficient to ensure that the facility contains dwelling units and facilities for the provision of supportive services in accordance with subsection (b)(6); “(ii) the mortgagor provides assurances satisfactory to the Secretary that each dwelling unit in the facility will not be occupied by more than 1 person without the consent of all such occupants; and “(iii) the appropriate State licensing agency for the State, municipality, or other political subdivision in which the facility is or is to be located provides such assurances as the Secretary considers necessary that the facility will comply with any applicable standards and requirements for such facilities.”. 106 STAT. 3786 (d) Fire Safety Equipment.—Section 232(i)(1) of the National Housing Act (12 U.S.C. 1715w(i)(1)) is amended by inserting “, assisted living facilities, ” after “nursing homes”. (e) Administration.—Section 232 of the National Housing Act (12 U.S.C. 1715w) is amended by adding at the end the following new subsection: “(j) The Secretary shall establish schedules and deadlines for the processing and approval (or provision of notice of disapproval) of applications for mortgage insurance under this section. The Secretary shall submit a report to the Congress annually describing such schedules and deadlines and the extent of compliance by the Department with the schedules and deadlines during the year.”. (f) Authority To Insure Refinancing.—Section 223(f) of the National Housing Act (12 U.S.C. 1715n(f)) is amended by inserting “existing assisted living facility,” after “existing nursing home”, each place it appears.