I

104TH CONGRESS

2D SESSION H. R. 3347

To amend the Stewart B. McKinney Homeless Assistance Act to revise

and extend programs providing urgently needed assistance for the homeless, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 25, 1996

Mr. VENTO (for himself, Mr. Gonzalez, and Mr. Kennedy of Massachusetts)

introduced the following bill; which was referred to the Committee on

Banking and Financial Services

A BILL

To amend the Stewart B. McKinney Homeless Assistance

Act to revise and extend programs providing urgently

needed assistance for the homeless, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Stewart B. McKinney Homeless Assistance Amendments

6 Act of 1996’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:
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Sec. 1. Short title and table of contents.

TITLE I—GENERAL PROVISIONS

Sec. 101. Budget compliance.

TITLE II—INTERAGENCY COUNCIL ON THE HOMELESS

Sec. 201. Authorization of appropriations.

Sec. 202. Chairperson.

Sec. 203. Extension.

TITLE III—FEDERAL EMERGENCY MANAGEMENT AGENCY FOOD

AND SHELTER PROGRAM

Sec. 301. Authorization of appropriations.

TITLE IV—HOUSING ASSISTANCE

Sec. 401. Short title.

Subtitle A—Reorganization of Certain McKinney Act Housing Provisions

Sec. 411. Flexible grant program.

Sec. 412. Regulations and transition provisions.

Sec. 413. Report on single room occupancy assistance.

Subtitle B—Other Housing Assistance Programs for the Homeless Under

McKinney Act

Sec. 421. Section 8 assistance for single room occupancy dwellings.

Sec. 422. Section 8 assistance for shelter plus care single room occupancy

dwellings.

Sec. 423. Rural homelessness grant program.

Sec. 424. Clerical amendment.

Subtitle C—Miscellaneous Homeless Housing Provisions

Sec. 431. Strategy to eliminate unfit transient facilities.

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. BUDGET COMPLIANCE.

3 (a) IN GENERAL.—This Act and the amendments

4 made by this Act may not be construed to provide for new

5 budget authority, budget outlays, or new entitlement au6 thority, for fiscal year 1997, 1998, 1999, 2000, or 2001

7 in excess of the appropriate aggregate levels established

8 by the concurrent resolution on the budget for such years
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1 for the programs authorized by this Act and the amend2 ments made by this Act.

3 (b) DEFINITIONS.—For purposes of this section, the

4 terms ‘‘budget authority’’, ‘‘budget outlays’’, ‘‘concurrent

5 resolution on the budget’’, and ‘‘entitlement authority’’

6 have the meanings given such terms in section 3 of the

7 Congressional Budget Act of 1974.

8 TITLE II—INTERAGENCY

9 COUNCIL ON THE HOMELESS

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

11 Section 208 of the Stewart B. McKinney Homeless

12 Assistance Act (42 U.S.C. 11318) is amended to read as

13 follows:

14 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There are authorized to be appropriated to carry out

16 this title $1,000,000 for fiscal year 1997 and such sums

17 as may be necessary for each of fiscal years 1998, 1999,

18 2000, and 2001.’’.

19 SEC. 202. CHAIRPERSON.

20 Section 202(b) of the Stewart B. McKinney Homeless

21 Assistance Act (42 U.S.C. 11312(b) is amended to read

22 as follows:

23 ‘‘(b) CHAIRPERSON AND VICE CHAIRPERSON.—

24 ‘‘(1) CHAIRPERSON.—The Council shall elect an

25 Chairperson from among its members, who shall
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1 have a term of 2 years. A member of the Council by

2 reason of any of paragraphs (1) through (16) of

3 subsection (a) who serves as Chairperson for a term

4 may not be elected to serve as Chairperson for the

5 succeeding term. The preceding sentence shall not

6 apply to any member serving as Chairperson on the

7 date of the enactment of the Stewart B. McKinney

8 Homeless Assistance Amendments Act of 1996.

9 ‘‘(2) VICE CHAIRPERSON.—The Vice Chair10 person of the Council shall have a term of 2 years

11 and shall be—

12 ‘‘(A) the Secretary of Housing and Urban

13 Development, if such Secretary is not elected as

14 the Chairperson of the Council; or

15 ‘‘(B) elected by the Council from among its

16 members, if the Secretary of Housing and

17 Urban Development is elected as the Chair18 person of the Council.’’.

19 SEC. 203. EXTENSION.

20 Section 209 of the Stewart B. McKinney Homeless

21 Assistance Act (42 U.S.C. 11319) is amended by striking

22 ‘‘October 1, 1994’’ and inserting ‘‘October 1, 2001’’.
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1 TITLE III—FEDERAL EMER2 GENCY MANAGEMENT AGEN3 CY FOOD AND SHELTER PRO4 GRAM

5 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

6 Section 322 of the Stewart B. McKinney Homeless

7 Assistance Act (42 U.S.C. 11352) is amended to read as

8 follows:

9 ‘‘SEC. 322. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated to carry out

11 this title $130,000,000 for fiscal year 1997 and such sums

12 as may be necessary for each of fiscal years 1998, 1999,

13 2000, and 2001.’’.

14 TITLE IV—HOUSING ASSISTANCE

15 SEC. 401. SHORT TITLE.

16 This title may be cited as the ‘‘Stewart B. McKinney

17 Homeless Housing Assistance Amendments Act of 1996’’.

18 Subtitle A—Reorganization of Certain

19 McKinney Act Housing Provisions

20 SEC. 411. FLEXIBLE GRANT PROGRAM.

21 Title IV of the Stewart B. McKinney Homeless As22 sistance Act (42 U.S.C. 11361 et seq.) is amended—

23 (1) by striking subtitles A, B, C, D, and F;

24 (2) by striking the headings for subtitles E and

25 G;
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1 (3) by redesignating sections 441 (as amended

2 by the preceding provisions of this Act), 491, and

3 592 (as added by section 1414 of the Housing and

4 Community Development Act of 1992) as sections

5 451, 453, and 454, respectively;

6 (4) by striking sections 442 and 443; and

7 (5) by inserting after the heading for the title

8 the following:

9 ‘‘Subtitle A—Flexible Grant Program

10 ‘‘CHAPTER 1—GENERAL PROVISIONS

11 ‘‘SEC. 401. PURPOSES.

12 ‘‘The purposes of this subtitle are to—

13 ‘‘(1) expand and reorganize the Federal com14 mitment to alleviate homelessness by providing

15 States, Indian tribes, and localities with the re16 sources to more efficiently and effectively design a

17 comprehensive system to address the shelter, service,

18 and permanent housing needs of homeless individ19 uals and families in the United States;

20 ‘‘(2) help very low-income families avoid becom21 ing homeless;

22 ‘‘(3) meet the emergency shelter needs of home23 less persons and families;
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1 ‘‘(4) provide transitional or specialized perma2 nent housing to facilitate the movement of homeless

3 persons and families to independent living;

4 ‘‘(5) provide supportive services to help home5 less persons and families lead independent and dig6 nified lives;

7 ‘‘(6) encourage the cooperation and participa8 tion of the States and units of general local govern9 ment, together with private nonprofit organizations,

10 in planning and implementing comprehensive home11 less assistance programs;

12 ‘‘(7) reduce the costs to States, units of general

13 local government, and private nonprofit organiza14 tions in applying for and using Federal housing as15 sistance for families and persons who are homeless;

16 and

17 ‘‘(8) begin meeting the needs of most of the

18 Nation’s homeless population through the existing

19 Federal programs providing basic assistance for low20 income families and persons.

21 ‘‘SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated—

23 ‘‘(1) $855,000,000 for fiscal year 1997 for

24 grants in accordance with section 412(b) of the
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1 Stewart B. McKinney Homeless Assistance Amend2 ments Act of 1996; and

3 ‘‘(2) such sums as may be necessary for each

4 of fiscal years 1998, 1999, 2000, and 2001 for

5 grants under this subtitle.

6 Any amounts appropriated pursuant to this section shall

7 remain available until expended.

8 ‘‘SEC. 403. DEFINITIONS.

9 ‘‘For purposes of this subtitle, the following defini10 tions shall apply:

11 ‘‘(1) The term ‘allocation unit of general local

12 government’ means a metropolitan city and an

13 urban county.

14 ‘‘(2) The term ‘applicant’ means an eligible

15 grantee that submits an application under section

16 408 for a grant under this subtitle.

17 ‘‘(3) The term ‘disability’ means—

18 ‘‘(A) a disability as defined in section 223

19 of the Social Security Act;

20 ‘‘(B) to be determined to have, pursuant to

21 regulations issued by the Secretary, a physical,

22 mental, or emotional impairment which (i) is

23 expected to be a long-continued and indefinite

24 duration, (ii) substantially impedes an individ25 ual’s ability to live independently, and (iii) of
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1 such a nature that such ability could be im2 proved by more suitable housing conditions;

3 ‘‘(C) a developmental disability as defined

4 in section 102 of the Developmental Disabilities

5 Assistance and Bill of Rights Act; or

6 ‘‘(D) the disease of acquired

7 immunodeficiency syndrome or any conditions

8 arising from the etiologic agency for acquired

9 immunodeficiency syndrome.

10 Subparagraph (D) shall not be construed to limit eli11 gibility under subparagraphs (A) through (C) or the

12 provisions referred to in subparagraphs (A) through

13 (C).

14 ‘‘(4) The term ‘eligible grantee’ means—

15 ‘‘(A) an allocation unit of general local

16 government, Indian Tribe, or insular area, or a

17 consortium of such entities, that elects to ad18 minister a grant under section 410(a)(1);

19 ‘‘(B) a public agency or a private nonprofit

20 organization (or a consortium of such organiza21 tions) designated by the Secretary under section

22 410(a)(3) to administer grant amounts for an

23 allocation unit of general local government, In24 dian tribe, or insular area;
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1 ‘‘(C) an entity eligible to receive grant

2 amounts from the Secretary under section

3 410(a)(4);

4 ‘‘(D) a State that elects under section

5 410(b)(1)(A) to administer a grant;

6 ‘‘(E) a unit of general local government se7 lected under section 410(b)(5) to receive grant

8 amounts from the Secretary; and

9 ‘‘(F) a private nonprofit organization se10 lected under section 410(b)(4) to receive grant

11 amounts from the Secretary.

12 ‘‘(5) The term ‘families’ has the same meaning

13 given the term under section 3(b) of the United

14 States Housing Act of 1937.

15 ‘‘(6) The term ‘grantee’ means—

16 ‘‘(A) an allocation unit of general local

17 government, Indian tribe, or insular area, or a

18 consortium of such entities, that receives a

19 grant under this subtitle and administers the

20 grant under section 410(a)(1);

21 ‘‘(B) an allocation unit of general local

22 government, Indian tribe, or insular area that

23 receives a grant under this subtitle and des24 ignates a public agency or private nonprofit or25 ganization (or a consortium of such organiza-
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1 tions) to administer grant amounts for the ju2 risdiction under section 410(a)(2);

3 ‘‘(C) a public agency or a private nonprofit

4 organization (or a consortium or such organiza5 tions) designated by the Secretary under section

6 410(a)(3) to administer grant amounts for an

7 allocation unit of general local government, In8 dian tribe, or insular area, and that receives

9 grant amounts under this subtitle;

10 ‘‘(D) an entity that receives grant amounts

11 from the Secretary under section 410(a)(4);

12 ‘‘(E) a State that receives grant amounts

13 under this subtitle and administers such

14 amounts under section 410(b)(1)(A);

15 ‘‘(F) a unit of general local government

16 that receives grant amounts from the Secretary

17 under section 410(b)(5); and

18 ‘‘(G) a private nonprofit organization that

19 receives grant amounts from the Secretary

20 under section 410(b)(4).

21 ‘‘(7) The term ‘homeless family’ means a group

22 of one or more related individuals who are homeless

23 individuals.

24 ‘‘(8) The term ‘Indian tribe’ means any Indian

25 tribe, band, group, and nation, including Alaska In-
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1 dians, Aleuts, and Eskimos, and any Alaskan Native

2 Village, of the United States, which is considered an

3 eligible recipient under the Indian Self-Determina4 tion and Education Assistance Act or was considered

5 an eligible recipient under chapter 67 of title 31,

6 United States Code, before the repeal of such

7 chapter.

8 ‘‘(9) The term ‘insular area’ means the Virgin

9 Islands, Guam, American Samoa, and the Common10 wealth of the Northern Mariana Islands.

11 ‘‘(10) The term ‘low-demand services and refer12 rals’ means the provision of health care, mental

13 health, substance abuse, and other supportive serv14 ices and referrals for services in a noncoercive man15 ner, which may include medication management,

16 education, counseling, job training, and assistance in

17 obtaining entitlement benefits and in obtaining other

18 supportive service including mental health treatment

19 and substance abuse treatment.

20 ‘‘(11) The term ‘metropolitan city’ has the

21 meaning given the term in section 102(a) of the

22 Housing and Community Development Act of 1974.

23 ‘‘(12) The term ‘operating costs’ means ex24 penses of operating any housing assisted under this

25 subtitle with respect to—
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1 ‘‘(A) the administration, maintenance, re2 pair, and security of such housing;

3 ‘‘(B) utilities, fuels, furnishings, and equip4 ment for such housing; and

5 ‘‘(C) the conducting of the assessments of

6 and the provision of supportive services to the

7 residents of such housing.

8 ‘‘(13) The term ‘outpatient health services’

9 means outpatient health care, outpatient mental

10 health services, outpatient substance abuse services,

11 case management services and child immunization.

12 ‘‘(14) The term ‘private nonprofit organization’

13 means an organization—

14 ‘‘(A) no part of the net earnings of which

15 inures to the benefit of any member, founder,

16 contributor, or individual;

17 ‘‘(B) that has a voluntary board;

18 ‘‘(C) that has an accounting system or has

19 designated a fiscal agent in accordance with re20 quirements established by the Secretary; and

21 ‘‘(D) that practices nondiscrimination in

22 the provision of assistance.

23 ‘‘(15) The term ‘project’ means a structure or

24 a portion of a structure that is acquired or rehabili25 tated with assistance provided under this subtitle or
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1 with respect to which the Secretary provides tech2 nical assistance or annual payments for operation

3 costs.

4 ‘‘(16) The term ‘project sponsor’ means an en5 tity that—

6 ‘‘(A) provides housing or assistance for

7 homeless individuals or families by carrying out

8 eligible activities under chapter 2 that are as9 sisted under this subtitle; and

10 ‘‘(B) meets such minimum standards as

11 the Secretary considers appropriate.

12 ‘‘(17) The term ‘recipient’ means a grantee

13 (other than a State distributing grant amounts to

14 State recipients) and a State recipient.

15 ‘‘(18) The term ‘Secretary’ means the Secretary

16 of Housing and Urban Development.

17 ‘‘(19) The term ‘State’ means a State of the

18 United States and the Commonwealth of Puerto

19 Rico, or any agency or instrumentality thereof that

20 is established pursuant to legislation and designated

21 by the chief executive to act on behalf of the juris22 diction with regard to provisions of this subtitle.

23 ‘‘(20) The term ‘State recipient’ means—

24 ‘‘(A) a unit of general local government

25 within a State (other than an allocation unit of
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1 general local government) that receives grant

2 amounts from the State under section

3 410(b)(3); and

4 ‘‘(B) a private nonprofit organization that

5 receives grant amounts from a State under sec6 tion 410(b)(4).

7 ‘‘(21)(A) The term ‘supportive services’ means

8 assistance that—

9 ‘‘(i) addresses the special needs of home10 less persons, such as deinstitutionalized per11 sons, families with children, persons with men12 tal disabilities, other persons with disabilities,

13 the elderly, and veterans intended to be served

14 by a project; and

15 ‘‘(ii) assists in accomplishing the purposes

16 of the different types of housing for the home17 less eligible for assistance under this subtitle.

18 ‘‘(B) Such term includes—

19 ‘‘(i) food services, child care, substance

20 abuse treatment, assistance in obtaining perma21 nent housing, outpatient health services, em22 ployment counseling, nutritional counseling, se23 curity arrangements for the protection of resi24 dents of facilities to assist the homeless, and

25 such other services essential for maintaining or
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1 moving toward independent living as the Sec2 retary determines to be appropriate; and

3 ‘‘(ii) assistance to homeless persons in ob4 taining other Federal, State, and local assist5 ance available for such individuals, including

6 public assistance benefits, mental health bene7 fits, employment counseling, and medical assist8 ance.

9 ‘‘(C) Such term does not include the provision

10 of major medical equipment.

11 ‘‘(D) All or part of the supportive services may

12 be provided directly by the project sponsor or by

13 arrangements with other public or private service

14 providers.

15 ‘‘(22) The term ‘unit of general local govern16 ment’ means—

17 ‘‘(A) a city, town, township, county, parish,

18 village, or other general purpose political sub19 division of a State;

20 ‘‘(B) the District of Columbia; and

21 ‘‘(C) any agency or instrumentality thereof

22 that is established pursuant to legislation and

23 designated by the chief executive to act on be24 half of the jurisdiction with regard to provisions

25 of this subtitle.
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1 The term includes a consortium of geographically

2 contiguous units of general local government if the

3 Secretary determines that the consortium—

4 ‘‘(i) has sufficient authority and adminis5 trative capability to carry out the purposes of

6 this subtitle on behalf of its member jurisdic7 tions; and

8 ‘‘(ii) will, according to a written certifi9 cation by the State (or State, if the consortium

10 includes jurisdictions in more than one State),

11 direct its activities to alleviation of problems of

12 homeless individuals or families within the

13 State or States.

14 ‘‘(23) The term ‘urban county’ has the meaning

15 given the term in section 102(a) of the Housing and

16 Community Development Act of 1974.

17 ‘‘(24) The term ‘very low-income families’ has

18 the same meaning given the term under section 104

19 of the Cranston-Gonzalez National Affordable Hous20 ing Act.

21 ‘‘SEC. 404. PROVISION OF GRANTS.

22 ‘‘(a) AUTHORITY AND USE.—The Secretary may

23 make grants to eligible grantees in accordance with the

24 provisions of this subtitle. Grants under this subtitle may

25 be used only—
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1 ‘‘(1) to carry out activities under chapter 2 for

2 assisting homeless individuals and families that are

3 conducted to provide comprehensive homeless assist4 ance required under section 405; and

5 ‘‘(2) for administrative expenses, to the extent

6 provided in section 436.

7 ‘‘(b) GENERAL RULE FOR AWARD OF GRANTS.—Ex8 cept as provided in subsection (c), the Secretary shall

9 make grants using amounts appropriated under section

10 402 in the manner provided in this subtitle.

11 ‘‘(c) INSUFFICIENT APPROPRIATIONS.—

12 ‘‘(1) TRIGGER.—If the amounts appropriated

13 pursuant to section 402 for any fiscal year are less

14 than 50 percent of the amount authorized to be ap15 propriated under such section for the year, the Sec16 retary shall use such amounts to make grants under

17 the provisions of this title as in effect immediately

18 before the enactment of the Stewart B. McKinney

19 Homeless Assistance Amendments Act of 1996.

20 ‘‘(2) GRANT REQUIREMENTS.—The Secretary

21 shall establish requirements for grants made under

22 this subsection, as the Secretary considers appro23 priate, that are additional or alternative to the re24 quirements under the provisions of this title as in ef25 fect immediately before the enactment of the Stew-
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1 art B. McKinney Homeless Assistance Amendments

2 Act of 1996.

3 ‘‘(3) GRANT CRITERIA.—The criteria for award4 ing grants under this subsection shall include—

5 ‘‘(A) the extent to which there is a need

6 for assistance for homeless individuals and fam7 ilies in the jurisdiction in which the grant will

8 be used;

9 ‘‘(B) the extent to which the activities pro10 posed to be carried out with grant amounts will

11 further the provision of comprehensive homeless

12 assistance required under section 405(b)(1);

13 ‘‘(C) the extent to which private nonprofit

14 organizations providing assistance to homeless

15 individuals and families in the jurisdiction have

16 been, and will be, included in planning for the

17 receipt of assistance under this subtitle, the de18 velopment of the application under section 408,

19 and the execution of the proposed activities;

20 and

21 ‘‘(D) such other criteria as the Secretary

22 considers appropriate to further the purposes of

23 this subsection and this subtitle.

24 ‘‘(4) SET ASIDE FOR INDIAN TRIBES AND INSU25 LAR AREAS.—In making grants under this sub-
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1 section, the Secretary may set aside such amounts

2 as the Secretary considers appropriate for grants for

3 Indian tribes and insular areas.

4 ‘‘SEC. 405. COMPREHENSIVE HOMELESS ASSISTANCE.

5 ‘‘(a) ESTABLISHMENT AND MAINTENANCE.—Each

6 applicant shall, based on information provided in the cur7 rent comprehensive affordable housing strategy for the ap8 propriate jurisdiction under section 105 of the Cranston9 Gonzalez National Affordable Housing Act or such other

10 plan as the Secretary may prescribe, use assistance pro11 vided under this subtitle in a manner that ensures that

12 comprehensive homeless assistance is established and

13 maintained within the jurisdiction of the applicant.

14 ‘‘(b) REQUIREMENTS.—For purposes of this subtitle,

15 comprehensive homeless assistance required under this

16 section shall include—

17 ‘‘(1) providing a system of outreach and assess18 ment for—

19 ‘‘(A) determining whether an individual or

20 family is homeless, needs assistance to avoid

21 being homeless, or needs other assistance; and

22 ‘‘(B) ensuring that individuals and families

23 so identified receive appropriate housing and

24 supportive services;
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1 ‘‘(2) providing assistance to the extent nec2 essary to avoid eviction (or foreclosure) and termi3 nation of utility services of low- and very low-income

4 families to prevent such families from becoming

5 homeless;

6 ‘‘(3) making emergency shelters with appro7 priate supportive services available to the extent nec8 essary to ensure that homeless individuals and fami9 lies for which such housing is appropriate receive

10 adequate shelter, including during any period in

11 which an assessment referred to in paragraph (1) is

12 performed for such an individual or family;

13 ‘‘(4) making transitional housing with appro14 priate supportive services available to the extent nec15 essary to ensure that homeless individuals and fami16 lies for which such housing is appropriate are pre17 pared for increased responsibility and permanent

18 housing, or permanent supportive housing, after the

19 transition period;

20 ‘‘(5) making permanent supportive housing,

21 available to the extent necessary to meet the long22 term housing needs of all homeless individuals and

23 families;
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1 ‘‘(6) providing assistance to meet specific needs

2 of various subpopulations of the homeless, especially

3 the unique needs of homeless veterans; and

4 ‘‘(7) providing for coordination of assistance

5 provided under this subtitle and assistance provided

6 under other Federal, State, and local programs that

7 may be used to assist homeless individuals and fami8 lies, including—

9 ‘‘(A) assistance under the programs for

10 public and Indian housing and section 8 rental

11 assistance under the United States Housing Act

12 of 1937 (including the program for section 8

13 assistance for moderate rehabilitation under

14 section 451 of this Act and the shelter plus care

15 program for such assistance under section 452

16 of this Act), the HOME Investment Partner17 ships Act, the community development block

18 grant program under title I of the Housing and

19 Community Development Act of 1974, the pro20 gram for supportive housing for the elderly

21 under section 202 of the Housing Act of 1959,

22 the program for supportive housing for persons

23 with disabilities under section 811 of the Cran24 ston-Gonzalez National Affordable Housing Act,

25 and the program for housing opportunities for
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1 persons with AIDS under subtitle D of title

2 VIII of the Cranston-Gonzalez National Afford3 able Housing Act;

4 ‘‘(B) programs administered by the Direc5 tor of the Federal Emergency Management

6 Agency;

7 ‘‘(C) programs administered by the Sec8 retary of Labor, including programs for employ9 ment and training;

10 ‘‘(D) programs administered by the Sec11 retary of Health and Human Services, including

12 programs for health care, mental health care,

13 social services, income support services, run14 away youth, and unfit transient facilities;

15 ‘‘(E) programs administered by the Sec16 retary of Veterans Affairs (including programs

17 for compensation benefits, health care, and

18 mental health care, and other services and pro19 grams) that are specifically designed to assist

20 homeless veterans;

21 ‘‘(F) programs administered by the Sec22 retary of Education, including programs for

23 adult education and education for homeless

24 children and youth;
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1 ‘‘(G) programs administered by the Cor2 poration for National and Community Service,

3 including programs for national service; and

4 ‘‘(H) such other assistance as the Sec5 retary shall prescribe upon consultation with

6 the Interagency Council on the Homeless.

7 ‘‘SEC. 406. MATCHING REQUIREMENTS.

8 ‘‘(a) IN GENERAL.—Except as provided in subsection

9 (c), each recipient shall supplement the amount of grants

10 provided under this subtitle to the recipient with an

11 amount of funds from non-Federal sources equal to 50

12 percent of the Federal grant, which shall include funds

13 from project sponsors receiving assistance from the

14 recipient.

15 ‘‘(b) SUPPLEMENTAL FUNDS.—Supplemental funds

16 may include (1) the value of any donated material or

17 building, the value of any lease on a building, (2) any sal18 ary paid to staff to carry out the program of a project

19 sponsor, (3) the value of the time and services contributed

20 by volunteers to carry out the program of project sponsor

21 at a rate determined by the Secretary, and (4) the pro22 ceeds from bond financing validly issued by a State or unit

23 of general local government, agency, or instrumentality

24 thereof, and repayable with revenues derived from a

25 project assisted under this subtitle, except that not more
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1 than 25 percent of the contribution required may be de2 rived from the proceeds of such bond financings. Any

3 State or local government funds used independently from

4 the program under this title, or designated for such use,

5 to assist the homeless by carrying out activities that would

6 be eligible for assistance under this subtitle shall be con7 sidered supplemental funds under this section.

8 ‘‘(c) STATES.—

9 ‘‘In the case of a State administering grant

10 amounts under section 410(b)(1)(A), in each fiscal

11 year, the State shall supplement the amount of

12 grants provided under this subtitle with an amount

13 of funds from sources other than this subtitle equal

14 to 50 percent of the amount received under this sub15 title. Each grantee that is a State shall obtain any

16 supplemental amounts from State recipients receiv17 ing amounts under the grant.

18 ‘‘(d) PROHIBITION OF SUBSTITUTION OF FUNDS.—

19 Assistance provided under this subtitle may not be used

20 to replace other public funds previously used, or des21 ignated for use, to assist persons who are homeless.

22 ‘‘(e) CERTIFICATION.—Each recipient shall certify, to

23 the satisfaction of the Secretary, its compliance with the

24 provisions of this section, which shall describe the sources
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1 and amounts of supplemental funds provided pursuant to

2 this section.

3 ‘‘SEC. 407. RESPONSIBILITIES OF RECIPIENTS AND

4 PROJECT SPONSORS.

5 ‘‘(a) USE OF ASSISTANCE THROUGH PRIVATE NON6 PROFIT ORGANIZATIONS.—Each recipient shall make

7 available more than 50 percent of the grant amounts it

8 receives for any fiscal year to project sponsors that are

9 private nonprofit organizations to carry out eligible activi10 ties under chapter 2, except that the Secretary may waive

11 the applicability of this requirement if the recipient dem12 onstrates to the Secretary that the requirement interferes

13 with the ability of the recipient to provide assistance under

14 this subtitle because of a paucity of qualified private non15 profit organizations in the jurisdiction of the recipient.

16 ‘‘(b) HOUSING QUALITY.—Each recipient shall en17 sure that housing assisted with grant amounts provided

18 under this subtitle is decent, safe, and sanitary and, when

19 appropriate, complies with all applicable State and local

20 housing codes, building codes, and licensing requirements

21 in the jurisdiction in which the housing is located.

22 ‘‘(c) PREVENTION OF UNDUE BENEFIT.—The Sec23 retary may prescribe such terms and conditions as the

24 Secretary considers necessary to prevent project sponsors

25 from unduly benefiting from the sale or other disposition
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1 of projects other than a sale or other disposition resulting

2 in the use of the project for the direct benefit of very low3 income families.

4 ‘‘(d) CONFIDENTIALITY.—Each recipient shall de5 velop and implement procedures to ensure the confiden6 tiality of records pertaining to any individual provided

7 family violence prevention or treatment services under any

8 project and to ensure that the address or location or any

9 family violence shelter project assisted with grant amounts

10 under this subtitle will, except with written authorization

11 of the person or person responsible for the operation of

12 such shelter, not be made public.

13 ‘‘(e) EMPLOYMENT OF HOMELESS INDIVIDUALS.—

14 To the maximum extent practicable, the Secretary shall

15 ensure that recipients involve, through employment, volun16 teer services, or otherwise, homeless individuals and fami17 lies in constructing, renovating, maintaining, and operat18 ing facilities assisted with grant amounts under this sub19 title, in providing services so assisted, and in providing

20 services for occupants of facilities so assisted.

21 ‘‘(f) PARTICIPATION OF HOMELESS INDIVIDUALS.—

22 The Secretary shall, by regulation, provide that each recip23 ient shall require each project sponsor receiving assistance

24 under this subtitle from the recipient to provide for the

25 participation of not less than one homeless individual or
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1 formerly homeless individual on the board of directors or

2 other equivalent policy making entity of the project spon3 sor, to the extent that such entity considers and makes

4 policies and decision regarding any project, facility, serv5 ices, or other activities assisted with grant amounts under

6 this subtitle. A recipient may grant waivers to project

7 sponsors unable to meet the requirement under the pre8 ceding sentence if the project sponsor agrees to otherwise

9 consult with homeless or formerly homeless individuals in

10 considering and making such policies and decisions.

11 ‘‘SEC. 408. APPLICATION.

12 ‘‘(a) REQUIREMENT.—Except as otherwise provided

13 in section 404(c), the Secretary may make a grant under

14 this subtitle only to an eligible grantee that submits an

15 application under this section that is approved by the

16 Secretary.

17 ‘‘(b) FORM AND PROCEDURE.—Applications shall be

18 submitted in such form and in accordance with such proce19 dures as the Secretary shall, by regulation, establish.

20 ‘‘(c) CONTENT.—An application under this section

21 shall—

22 ‘‘(1) include a detailed description, based on in23 formation provided in the current comprehensive

24 housing affordability strategy under section 105 of

25 the Cranston-Gonzalez National Affordable Housing
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1 Act for the appropriate jurisdiction or such other

2 plan as the Secretary may prescribe, of—

3 ‘‘(A) the existing population of homeless

4 individuals and families for the jurisdiction of

5 the applicant; and

6 ‘‘(B) the existing facilities and services de7 signed to assist such population;

8 ‘‘(2) include a detailed description of the com9 prehensive homeless assistance under section 405 to

10 be established and maintained within the jurisdiction

11 of the applicant;

12 ‘‘(3) provide an assessment of what is required

13 to establish and maintain the provision of com14 prehensive homeless assistance required under sec15 tion 405 for the jurisdiction of the applicant;

16 ‘‘(4) set forth a multiyear strategy for estab17 lishing and maintaining the provision of comprehen18 sive homeless assistance for the jurisdiction, as de19 scribed pursuant to paragraph (2), and include time20 tables, goals, and budget estimates for accomplishing

21 each element of the strategy;

22 ‘‘(5) set forth a 1-year action plan that identi23 fies all activities to be carried out with assistance

24 under this subtitle and demonstrates how such ac-
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1 tivities will further the strategy set forth pursuant to

2 paragraph (4);

3 ‘‘(6) except in the case of an application by a

4 State that elects under section 410(b)(1)(A) to ad5 minister grants under this subtitle, describe the

6 means the applicant will use to distribute grant

7 amounts to project sponsors and whether such

8 amounts will be awarded on a competitive or non9 competitive basis;

10 ‘‘(7) contain certifications or other such forms

11 of proof of commitments of financial and other re12 sources from each public agency or private nonprofit

13 organization that has a role in establishing and

14 maintaining the provision of comprehensive homeless

15 assistance for the jurisdiction of the applicant, re16 quired under section 405;

17 ‘‘(8) contain assurances satisfactory to the Sec18 retary that activities carried out under chapter 2

19 with grant amounts under this subtitle will comply

20 with the requirements of this subtitle;

21 ‘‘(9) in the case of an application by a State

22 that elects to under section 410(b)(1)(A) administer

23 grants under this subtitle, describe the method of

24 distribution of such amounts to State recipients;
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1 ‘‘(10) except with respect to an application by

2 a State that elects under section 410(b)(1)(A) to ad3 minister grants under this subtitle, contain a certifi4 cation from the public official responsible for sub5 mitting the comprehensive housing affordability

6 strategy under section 105 of the Cranston-Gonzalez

7 National Affordable Housing Act for the State or

8 unit of general local government within which a

9 project is to be located (or such other plan as the

10 Secretary may require) that the proposed project is

11 consistent with the approved housing strategy of

12 such State or unit of general local government;

13 ‘‘(11) contain a certification that the applicant

14 will comply with the requirements of the Fair Hous15 ing Act, title VI of the Civil Rights Act of 1964, sec16 tion 504 of the Rehabilitation Act of 1973, and the

17 Age Discrimination Act of 1975, and will affirma18 tively further fair housing; and

19 ‘‘(12) contain a certification that the applicant

20 will comply with the requirements of this subtitle

21 and other applicable laws.

22 ‘‘(d) RELATIONSHIP TO CHAS AND CONSOLIDATED

23 PLAN.—In establishing requirements for applications

24 under this section, the Secretary shall provide that if an

25 applicant includes in the application information also re-
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1 quired under the comprehensive housing affordability

2 strategy for the appropriate jurisdiction under section 105

3 of the Cranston-Gonzalez National Affordable Housing

4 Act or such other plan as the Secretary may require, the

5 requirements under such subsection regarding such infor6 mation shall be considered to be fulfilled by the submission

7 of the application.

8 ‘‘SEC. 409. ALLOCATION AND DISTRIBUTION OF FUNDS.

9 ‘‘(a) INSULAR AREAS.—In each fiscal year, from any

10 amounts appropriated for such year to carry out this sub11 title, the Secretary shall allocate amounts to insular areas

12 in accordance with an allocation formula established by

13 the Secretary.

14 ‘‘(b) STATES AND ALLOCATION UNITS OF GENERAL

15 LOCAL GOVERNMENT.—

16 ‘‘(1) FORMULA ALLOCATION.—

17 ‘‘(A) IN GENERAL.—For each fiscal year,

18 of the amounts that remain after amounts are

19 reserved for insular areas under subsection (a),

20 the Secretary shall allocate assistance according

21 to this paragraph.

22 ‘‘(B) FORMULA.—The Secretary shall allo23 cate amounts under this paragraph using a for24 mula established by the Secretary that allocates

25 amounts for allocation units of general local
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1 government and States, and for Indian tribes,

2 in a manner that provides that the percentage

3 of the total amount referred to in subparagraph

4 (A) for any fiscal year that is allocated for any

5 State or allocation unit of general local govern6 ment, or for Indian tribes, is equal to the per7 centage of the total amount available for section

8 106 of the Housing and Community Develop9 ment Act of 1974 for the prior fiscal year that

10 was allocated for such State or allocation unit

11 of general local government, or for Indian

12 tribes.

13 ‘‘(C) MINIMUM AMOUNT.—If, in any fiscal

14 year, allocation under the provisions of subpara15 graphs (A) and (B) would result in any alloca16 tion unit of general local government receiving

17 a grant of less than 0.05 percent of the

18 amounts appropriated to carry out this subtitle

19 for the fiscal year, such amount shall instead be

20 reallocated to the State for use under section

21 410(b).

22 ‘‘(D) 70 PERCENT FOR UNITS OF GENERAL

23 LOCAL GOVERNMENT.—In each fiscal year, the

24 amount allocated under this paragraph for each

25 allocation unit of general local government shall
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1 be the amount that results from increasing all

2 of the amounts determined pursuant to the pre3 ceding subparagraphs for allocation units of

4 general local government on a pro rata basis so

5 that the sum of such amounts is equal to 70

6 percent of the remainder of the amount appro7 priated for the year to carry out this subtitle

8 after amounts are allocated for insular areas

9 under subsection (a).

10 ‘‘(E) 30 PERCENT FOR STATES.—In each

11 fiscal year, the amount allocated under this

12 paragraph for each State shall be the amount

13 that results from decreasing all of the amounts

14 determined pursuant to the preceding subpara15 graphs for States on a pro rata basis so that

16 the sum of such amounts is equal to 30 percent

17 of the remainder of the amount appropriated

18 for the year to carry out this subtitle after

19 amounts are allocated for insular areas under

20 subsection (a).

21 ‘‘(2) GRANT AMOUNT FOR STATES AND ALLO22 CATION UNITS OF GENERAL LOCAL GOVERNMENT.—

23 ‘‘(A) IN GENERAL.—The amount allocated

24 for a fiscal year under paragraph (1) for an al25 location unit of general local government or a
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1 State shall be the maximum amount that the

2 allocation unit or State may receive under this

3 subtitle for the fiscal year.

4 ‘‘(B) REDUCTION.—In any fiscal year, the

5 Secretary may provide a grant under this sub6 title for a State or for an allocation unit of gen7 eral local government in an amount less than

8 the amount allocated under paragraph (1), if

9 the Secretary determines based upon review of

10 the application of the jurisdiction under section

11 408 or as a result of the annual performance

12 review and audit under section 413, that the ju13 risdiction has failed to comply fully with the re14 quirements under section 408 or 411 or that

15 such action is otherwise appropriate.

16 ‘‘(3) MINIMUM STATE ALLOCATION.—Notwith17 standing paragraph (2), if, in allocating amounts for

18 States under paragraph (1) for any fiscal year, the

19 amount allocated for the year for a State is less

20 than $2,000,000, the allocation for the State shall

21 instead be $2,000,000 and the increase shall be de22 ducted pro rata from the allocations of other States.

23 ‘‘(c) REALLOCATIONS.—Any amounts that a State or

24 an allocation unit of general local government is eligible

25 to receive for a fiscal year under subsection (b) that are
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1 not received for use in the jurisdiction, as provided by sub2 sections (a) and (b) of section 410, or that become avail3 able as a result of actions under section 413(b), shall be

4 added to amounts available for allocation under this sec5 tion for the succeeding fiscal year.

6 ‘‘SEC. 410. ADMINISTRATION OF PROGRAM.

7 ‘‘(a) GRANTS TO ALLOCATION UNITS OF GENERAL

8 LOCAL GOVERNMENT, INDIAN TRIBES, AND INSULAR

9 AREAS.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graphs (2), (3), and (4), an allocation unit of gen12 eral local government, Indian tribe, or insular area

13 shall administer grant amounts for any fiscal year

14 received under section 409 by such grantees.

15 ‘‘(2) ADMINISTRATION BY DESIGNEES OF JU16 RISDICTION.—

17 ‘‘(A) AUTHORITY TO ELECT.—An alloca18 tion unit of general local government, Indian

19 tribe, or insular area may elect for any fiscal

20 year to designate a public agency or a private

21 nonprofit organization (or a consortium of such

22 organizations) to administer grant amounts

23 under section 409 for the jurisdiction.

24 ‘‘(B) ELECTION REQUIREMENTS.—The

25 Secretary shall prescribe the manner and time
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1 for making an election under subparagraph (A),

2 and shall establish criteria for the approval of

3 agencies and organizations designated, which

4 shall require such agencies and organizations to

5 demonstrate experience of the entity in provid6 ing assistance to homeless individuals and fami7 lies in the jurisdiction.

8 ‘‘(C) DIRECT PROVISION OF ASSIST9 ANCE.—The Secretary may, at the request of

10 the jurisdiction, provide grant amounts directly

11 to the agency or organization designated under

12 this paragraph.

13 ‘‘(3) ADMINISTRATION BY DESIGNEES OF SEC14 RETARY.—If an allocation unit of general local gov15 ernment, Indian tribe, or insular area, or (if appro16 priate) a public agency or private nonprofit organi17 zation designated by the jurisdiction under para18 graph (2), does not receive a grant under section

19 409 for any fiscal year because of failure to meet the

20 application requirements of section 408, the Sec21 retary may designate an agency or organization

22 meeting the criteria established under paragraph

23 (2)(B) to receive the grant.

24 ‘‘(4) ADMINISTRATION BY SECRETARY.—If for

25 any fiscal year the Secretary determines that the
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1 grant amounts allocated under section 409 for an al2 location unit of general local government, Indian

3 tribe, or insular area will not be used in the jurisdic4 tion as provided by the preceding provisions of this

5 subsection, the Secretary may administer such

6 amounts for the jurisdiction. The Secretary shall

7 prescribe such procedures and requirements as the

8 Secretary considers appropriate for administering

9 grant amounts under this paragraph.

10 ‘‘(b) GRANTS TO STATES.—

11 ‘‘(1) IN GENERAL.—To receive an allocation

12 under section 409, each State shall elect—

13 ‘‘(A) to administer grant amounts received

14 under section 409, as provided in paragraphs

15 (2) and (3); or

16 ‘‘(B) to have the Secretary administer such

17 grant amounts for the State, as provided in

18 paragraph (5).

19 If a State elects to administer grant amounts under

20 subparagraph (A), the election shall be irrevocable.

21 ‘‘(2) STATE PROGRAM.—A State administering

22 grant amounts as provided in paragraph (1)(A)—

23 ‘‘(A) shall distribute the amounts remain24 ing after use in accordance with subparagraph
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1 (B) to State recipients for use under this sub2 title;

3 ‘‘(B) may use up to 15 percent of the

4 grant amounts received under section 409 to

5 carry out its own homeless assistance program

6 under this subtitle, except that—

7 ‘‘(i) such amounts may only be used

8 for eligible activities under chapter 2 for

9 which States are eligible recipients under

10 this subtitle; and

11 ‘‘(ii) the Secretary may increase the

12 percentage limitation under this subpara13 graph in the case of any State homeless

14 assistance program that is limited to pro15 viding assistance in areas of the State that

16 are not allocation units of general local

17 government; and

18 ‘‘(C) may retain not to exceed 5.0 percent

19 of the amount to be distributed under subpara20 graph (A) to State recipients to defray the cost

21 of carrying out its responsibilities under this

22 subtitle.

23 Unless a State demonstrates to the satisfaction of

24 the Secretary that the needs for assistance for ac25 tivities under this subtitle in areas of the State that
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1 are not allocation units of general local government

2 have been fulfilled, grant amounts received by State

3 may only be used to carry out activities in areas of

4 the State that do not include allocation units of gen5 eral local government.

6 ‘‘(3) DISTRIBUTION OF AMOUNTS TO STATE RE7 CIPIENTS.—

8 ‘‘(A) CHOICE OF ADMINISTRATION.—A

9 State administering grant amounts as provided

10 in paragraph (1)(A) shall, for each fiscal year,

11 afford each such recipient the options of—

12 ‘‘(i) administering the grant amounts

13 on its own behalf;

14 ‘‘(ii) designating a public agency or a

15 private nonprofit organization (as provided

16 by subsection (a)(2)) to administer the

17 grant amounts for the jurisdiction; or

18 ‘‘(iii) entering into an agreement with

19 the State, in consultation with private non20 profit organizations providing assistance to

21 homeless individuals and families in the ju22 risdiction, under which the State will ad23 minister the grant amounts for the juris24 diction.
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1 A recipient may choose to exercise such options

2 at such time and in accordance with such cri3 teria as the Secretary may prescribe.

4 ‘‘(B) DIRECT PROVISION OF ASSIST5 ANCE.—A State may, at the request of the

6 State recipient, provide grant amounts directly

7 to the agency or organization designated under

8 subparagraph (A)(ii).

9 ‘‘(C) DISTRIBUTION OF AMOUNTS.—The

10 State shall distribute amounts to State recipi11 ents (or to agencies or organizations designated

12 under subparagraph (A)(ii), as appropriate) on

13 the basis of an application containing such in14 formation as the State may prescribe. Each ap15 plication shall evidence an intent to establish

16 and maintain the provision of comprehensive

17 homeless assistance in the jurisdiction of the re18 cipient, except that the State may waive this re19 quirement with respect to one or more proposed

20 activities, where the State determines that—

21 ‘‘(i) the activities are necessary to

22 meet the needs of homeless individuals and

23 families within the jurisdiction; and

24 ‘‘(ii) comprehensive homeless assist25 ance is not necessary, due to the nature
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1 and extent of homelessness in the jurisdic2 tion.

3 ‘‘(D) PREFERENCE FOR CERTAIN STATE

4 RECIPIENTS.—In selecting State recipients and

5 making awards under subparagraph (C), the

6 State shall give preference to applications that

7 demonstrate higher relative levels of homeless

8 need and fiscal distress.

9 ‘‘(4) STATE OR HUD ADMINISTRATION OF

10 GRANTS FOR INDIVIDUAL STATE RECIPIENTS.—If in

11 any fiscal year a State distributes grant amounts to

12 a State recipient, but the recipient fails to receive

13 the amounts pursuant to paragraph (3)(A), the Sec14 retary or the State, as the Secretary may provide,

15 may distribute the amounts to private nonprofit or16 ganizations in the jurisdiction. If the Secretary dis17 tributes the amounts, the Secretary shall deduct the

18 amounts distributed from the grant provided to the

19 State for the fiscal year.

20 ‘‘(5) HUD ADMINISTRATION OF STATE PRO21 GRAM.—If a State elects pursuant to paragraph

22 (1)(B) to have the Secretary administer grant

23 amounts for the State received under section 409,

24 the Secretary may distribute grant amounts to State

25 recipients for the State, in accordance with require-
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1 ments and procedures prescribed by the Secretary.

2 The Secretary shall establish criteria for selecting

3 recipients and making awards under this paragraph,

4 which shall include giving preference to applications

5 that demonstrate higher relative levels of homeless

6 need and fiscal distress.

7 ‘‘SEC. 411. CITIZEN PARTICIPATION.

8 ‘‘(a) IN GENERAL.—Each grantee who is not a State

9 recipient shall ensure that citizens, and appropriate pri10 vate nonprofit organizations and other interested groups

11 and entities, participate fully in developing and carrying

12 out the program for providing assistance under this sub13 title in the jurisdiction of the recipient. The Secretary

14 shall prescribe such requirements to carry out this section

15 as the Secretary deems appropriate, which shall include

16 requirements applicable to the homeless assistance plan17 ning boards referred to in subsection (b) and the citizen

18 participation provisions of subsection (c), and the timing

19 of, and sequence for, carrying out the requirements of

20 such subsections.

21 ‘‘(b) HOMELESS ASSISTANCE PLANNING BOARDS.—

22 ‘‘(1) ESTABLISHMENT.—As a condition of a

23 grantee who is not a State recipient receiving assist24 ance under this subtitle, the chief executive officer of

25 the appropriate unit government in the jurisdiction
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1 of the grantee shall establish and provide support

2 for the operation of a homeless assistance planning

3 board under this subsection.

4 ‘‘(2) FUNCTIONS.—Each board under this sub5 section shall assist the recipient in—

6 ‘‘(A) determining whether grant amounts

7 of the grantee should be administered by the

8 grantee, a public agency or private nonprofit or9 ganization, or the State or the Secretary, under

10 subsections (a) and (b) of section 410;

11 (B) developing the application under sec12 tion 408;

13 (C) overseeing the activities carried out

14 with assistance under this subtitle; and

15 (D) evaluating the performance of the

16 grantee (and recipients of the grantee) in carry17 ing out such activities.

18 ‘‘(3) MEMBERSHIP.—Each board under this

19 subsection shall consist of members appointed by the

20 chief executive officer referred to in paragraph (1)

21 (subject to recommendations in accordance with

22 paragraph (4)), and shall include—

23 ‘‘(A) not less than one member represent24 ing homeless individuals and families;
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1 ‘‘(B) not less than one member represent2 ing homeless advocates;

3 ‘‘(C) not less than one member represent4 ing individuals and entities providing assistance

5 to homeless individuals and families, including

6 agencies of units of general local government

7 providing Federal assistance;

8 ‘‘(D) not less than one member represent9 ing the business community;

10 ‘‘(E) not less than one member represent11 ing labor;

12 ‘‘(F) not less than one member who is a

13 community representative;

14 ‘‘(G) not less than one member of the local

15 board established for the jurisdiction for pur16 poses of allocating amounts under the emer17 gency food and shelter program of the Federal

18 Emergency Management Agency;

19 ‘‘(H) not less than one member represent20 ing the grantee; and

21 ‘‘(I) in the case of a grantee that is a

22 State—

23 ‘‘(i) one member representing the

24 State agency or instrumentality dealing

25 with mental health; and
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1 ‘‘(ii) one member representing the

2 State agency or instrumentality dealing

3 with education.

4 ‘‘(4) DISTRIBUTION OF MEMBERSHIP.—Not less

5 than 50 percent of the members of each board under

6 this subsection (including the members required

7 under subparagraphs (A), (B), (C), and (G) of para8 graph (3)) shall be members of the board that rep9 resent homeless individuals and families, homeless

10 advocates, or nongovernmental entities that provide

11 assistance to homeless individuals and families. They

12 shall be individuals who were recommended for

13 membership by individuals and entities other than a

14 unit of general local government or any agency

15 thereof.

16 ‘‘(5) BOARD REVIEW.—

17 ‘‘(A) APPLICANTS.—No eligible grantee

18 may submit an application to the Secretary

19 under section 408, and no grantee may submit

20 to the Secretary a performance report under

21 subsection 413(a), unless the board under this

22 subsection for the jurisdiction of the grantee

23 has reviewed, and been provided an opportunity

24 to include any comments of the board in, the

25 application or report.
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1 ‘‘(B) STATE RECIPIENTS.—No State recip2 ient may submit an application under section

3 410(b)(3) or a performance report to a State,

4 unless the board under this subsection for the

5 jurisdiction has reviewed, and been provided an

6 opportunity to include any comments of the

7 board in, the application or report.

8 ‘‘(6) REVIEW BY SECRETARY.—A member or

9 members of the board under this subsection for a ju10 risdiction or other members of the community may

11 request the Secretary to review process for constitut12 ing or operating the board to determine whether the

13 process is fair. If the Secretary finds that the proc14 ess is unfair and submits a written justification to

15 the board within 15 days of the request for review,

16 the Secretary may disapprove the application under

17 section 408 for the jurisdiction or refuse to accept

18 a performance report under section 413(a).

19 ‘‘(7) CONFLICTS OF INTEREST.—The Secretary

20 shall prescribe standards governing potential con21 flicts of interest under which members of boards

22 under this subsection may participate in activities

23 carried out under this subtitle.

24 ‘‘(c) INVOLVEMENT OF CITIZENS AND OTHERS.—

25 ‘‘(1) IN GENERAL.—Each recipient shall—
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1 ‘‘(A) make available to its citizens, public

2 agencies, and other interested parties informa3 tion concerning the amount of assistance the ju4 risdiction expects to receive and the range of

5 activities that may be undertaken with the as6 sistance;

7 ‘‘(B) publish the proposed application in a

8 manner that, in the determination of the Sec9 retary, affords affected citizens, public agencies,

10 and other interested parties a reasonable oppor11 tunity to examine its content and to submit

12 comments on it;

13 ‘‘(C) hold one or more public hearings to

14 obtain the views of citizens, public agencies, and

15 other interested parties on the housing needs of

16 the jurisdiction; and

17 ‘‘(D) provide citizens, public agencies, and

18 other interested parties with reasonable access

19 to records regarding any uses of any assistance

20 the recipient may have received under this sub21 title during the preceding 5 years.

22 ‘‘(2) NOTICE AND COMMENT.—Before submit23 ting any performance report under section 413(a) or

24 any substantial amendment to an application under

25 section 408, a recipient shall provide citizens with
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1 reasonable notice of, and opportunity to comment

2 on, the performance report or application.

3 ‘‘(3) CONSIDERATION OF COMMENTS.—A recipi4 ent shall consider any comments or views of citizens

5 in preparing a final application, amendment to an

6 application, or performance report for submission. A

7 summary of such comments or views shall be at8 tached when an application, amendment to an appli9 cation, or performance report is submitted. The sub10 mitted application, amendment, or report shall be

11 made available to the public.

12 ‘‘(4) AUTHORITY OF SECRETARY.—The Sec13 retary shall establish procedures appropriate and

14 practicable for providing a fair hearing and timely

15 resolution of citizen complaints related to applica16 tions or performance reports under this subtitle.

17 ‘‘(d) REQUIREMENTS FOR CITIZEN PARTICIPATION

18 FOR STATE RECIPIENTS AND RECIPIENTS OF AMOUNTS

19 FROM THE SECRETARY.—

20 ‘‘(1) STATE RECIPIENTS.—The State may pre21 scribe citizen participation requirements comparable

22 (to the extent appropriate) to the requirements

23 under the preceding provisions of this section for

24 cases in which a State distributes grant amounts to

25 State recipients, as provided in section 410(b)(2).
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1 ‘‘(2) RECIPIENTS FROM SECRETARY.—The Sec2 retary may prescribe citizen participation require3 ments comparable (to the extent appropriate) to the

4 requirements under the preceding provisions of this

5 section for cases in which the Secretary—

6 ‘‘(A) administers the grant amounts of an

7 allocation unit of general local government, as

8 provided in section 410(a)(4); or

9 ‘‘(B) distributes grant amounts to recipi10 ents, as provided in paragraph (3), (4), or (5)

11 of section 410(b).

12 ‘‘(3) INAPPLICABLE LAWS.—The Federal Advi13 sory Committee Act and section 12 of the Depart14 ment of Housing and Urban Development Act shall

15 not apply with respect to the actions of the Sec16 retary referred to in paragraph (2). The Secretary

17 shall establish appropriate standards under this

18 paragraph to ensure the integrity of the process for

19 awarding assistance.

20 ‘‘SEC. 412. APPLICABILITY OF OTHER PROVISIONS.

21 ‘‘(a) FLOOD ELEVATION REQUIREMENTS.—Flood

22 protection standards applicable to housing acquired, reha23 bilitated, or assisted under this subtitle shall be no more

24 restrictive than the standards applicable to any other pro25 gram administrated by the Secretary.
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1 ‘‘(b) ENVIRONMENTAL PROTECTION.—The provi2 sions of, and regulations and procedures applicable under,

3 section 104(g) of the Housing and Community Develop4 ment Act of 1974 shall apply to assistance and projects

5 under this subtitle.

6 ‘‘(c) GAO AUDITS.—Insofar as they relate to funds

7 provided under this subtitle, the financial transactions of

8 grantees and project sponsors may be audited by the Gen9 eral Accounting Office under such rules and regulations

10 as may be prescribed by the Comptroller General of the

11 United States. The representatives of the General Ac12 counting Office shall have access to all books, accounts,

13 records, reports, files and other papers, things, or property

14 belonging to, or in use by such grantees, and project spon15 sors pertaining to the financial transactions and necessary

16 to facilitate the audit.

17 ‘‘SEC. 413. REPORTS, REVIEWS, AND AUDITS.

18 ‘‘(a) GRANTEE PERFORMANCE REPORT.—Each

19 grantee shall submit to the Secretary a performance and

20 evaluation report concerning the use of funds made avail21 able under this subtitle. The report shall be submitted at

22 such time and contain such information as the Secretary

23 shall prescribe, and shall be made available to the relevant

24 boards referred to in section 411(b) and to citizens, public

25 agencies, and other interested parties in the jurisdiction
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1 of the grantee in sufficient time to permit the board and

2 the citizens, public agencies, and other interested parties

3 to comment on the report before submission.

4 ‘‘(b) REVIEWS AND AUDITS.—The Secretary shall, at

5 least on an annual basis, make such reviews and audits

6 as may be necessary or appropriate to determine—

7 ‘‘(1) in the case of a grantee (other than a

8 grantee referred to in paragraph (2)), whether the

9 grantee—

10 ‘‘(A) has carried out its activities in a

11 timely manner;

12 ‘‘(B) has made progress toward establish13 ing and maintaining the comprehensive home14 less assistance system in conformity with its ap15 plication under this subtitle;

16 ‘‘(C) has carried out its activities and cer17 tifications in accordance with the requirements

18 of this subtitle and other applicable laws; and

19 ‘‘(D) has a continuing capacity to carry

20 out its activities in a timely manner; and

21 ‘‘(2) in the case of States distributing grant

22 amounts to State recipients, whether the State—

23 ‘‘(A) has distributed amounts to State re24 cipients in a timely manner and in conformance
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1 with the method of distribution described in its

2 application;

3 ‘‘(B) has carried out its activities and cer4 tifications in compliance with the requirements

5 of this subtitle and other applicable laws; and

6 ‘‘(C) has made such reviews and audits of

7 the State recipients as may be necessary or ap8 propriate to determine whether they have satis9 fied the applicable performance criteria con10 tained in paragraph (1).

11 The Secretary may make appropriate adjustments in the

12 amount of grants in accordance with the Secretary’s find13 ings under this subsection. With respect to assistance

14 made available for State recipients, the Secretary may ad15 just, reduce, or withdraw such assistance, or take other

16 action as appropriate in accordance with the Secretary’s

17 reviews and audits under this subsection, except that

18 amounts already properly expended on eligible activities

19 under this subtitle shall not be recaptured or deducted

20 from future assistance to such recipients.

21 ‘‘SEC. 414. NONDISCRIMINATION IN PROGRAMS AND AC22 TIVITIES.

23 ‘‘(a) IN GENERAL.—No person in the United States

24 shall on the ground of race, color, national origin, religion,

25 or sex be excluded from participation in, be denied the
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1 benefits of, or be subjected to discrimination under any

2 program or activity funded in whole or in part with funds

3 made available under this subtitle. Any prohibition against

4 discrimination on the basis of age under the Age Discrimi5 nation Act of 1975 or with respect to an otherwise quali6 fied handicapped individual, as provided in section 504 of

7 the Rehabilitation Act of 1973, shall also apply to any

8 such program or activity.

9 ‘‘(b) LIMITATIONS.—

10 ‘‘(1) INDIAN TRIBES.—No grant may be made

11 under this subtitle to an Indian tribe unless the ap12 plicant provides satisfactory assurances that its pro13 gram will be conducted and administered in con14 formity with title II of Public Law 90–284. The Sec15 retary may waive, in connection with grants to In16 dian tribes, the provisions of subsection (a).

17 ‘‘(2) HAWAIIAN HOME LANDS.—The provisions

18 of this subtitle relating to discrimination on the

19 basis of race shall not apply to the provision of as20 sistance under this subtitle to the Hawaiian Home

21 Lands.

22 ‘‘SEC. 415. CONSULTATION.

23 ‘‘In carrying out the provisions of this subtitle, in24 cluding the issuance of regulations, the Secretary shall

25 consult with other Federal agencies administering pro-
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1 grams affecting homeless individuals and families through

2 the Interagency Council on the Homeless established

3 under title II.

4 ‘‘SEC. 416. RECORDS, REPORTS, AND AUDITS.

5 ‘‘(a) KEEPING OF RECORDS.—Any recipient (includ6 ing a State distributing grant amounts to State recipients

7 as provided in section 410(b)(2)) shall keep such records

8 as may be reasonably necessary—

9 ‘‘(1) to disclose the amounts and the disposition

10 of the grant amounts; and

11 ‘‘(2) to ensure compliance with the require12 ments of this subtitle.

13 ‘‘(b) ACCESS TO DOCUMENTS BY SECRETARY.—The

14 Secretary shall have access for the purpose of audit and

15 examination to any books, documents, papers, and records

16 of any recipient specified in subsection (a) that are perti17 nent to grant amounts received in connection with, and

18 the requirements of, this subtitle.

19 ‘‘(c) ACCESS TO DOCUMENTS BY COMPTROLLER

20 GENERAL.—The Comptroller General of the United

21 States, or any of the duly authorized representatives of

22 the Comptroller General, shall have access for the purpose

23 of audit and examination to any books, documents, papers,

24 and records of any recipient specified in subsection (a)
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1 that are pertinent to grant amounts received in connection

2 with, and the requirements of, this subtitle.

3 ‘‘SEC. 417. REPORTS TO CONGRESS.

4 ‘‘The Secretary shall submit a report to the Congress

5 annually, summarizing the activities carried out under this

6 subtitle and setting forth the findings, conclusions, and

7 recommendations of the Secretary as a result of the activi8 ties. The report shall be submitted not later than 4

9 months after the end of each fiscal year (except that, in

10 the case of fiscal year 1997, the report shall be submitted

11 not later than 6 months after the end of the fiscal year).

12 ‘‘CHAPTER 2—ELIGIBLE ACTIVITIES

13 ‘‘SEC. 431. HOMELESSNESS PREVENTION.

14 ‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use

15 grant amounts under this subtitle for activities designed

16 to help persons and families described in subsection (b)

17 avoid becoming homeless, which shall include assistance

18 for making mortgage payments, rental payments, and util19 ity payments and any activities other than those found by

20 the Secretary to be inconsistent with the purposes of this

21 Act.

22 ‘‘(b) REQUIREMENTS FOR ASSISTANCE.—Assistance

23 may be provided under this section only to very low-income

24 persons and families who have received eviction (or mort-
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1 gage delinquency or foreclosure) notices or notices of ter2 mination of utility services and who—

3 ‘‘(1) are unable to make the required payments

4 due to a sudden reduction in income;

5 ‘‘(2) need such assistance to avoid the eviction

6 or termination of services; and

7 ‘‘(3) have a reasonable prospect of being able to

8 resume payments within a reasonable period of time.

9 ‘‘SEC. 432. EMERGENCY SHELTER.

10 ‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use

11 grant amounts under this subtitle for—

12 ‘‘(1) the renovation, major rehabilitation, or

13 conversion of a building or buildings to be used as

14 emergency shelters;

15 ‘‘(2) the provision of supportive services, if such

16 services do not supplant any services provided by the

17 local government during any part of the 12-month

18 period ending on the date of the commencement of

19 the operation of the emergency shelter; and

20 ‘‘(3) maintenance, operation, insurance, utili21 ties, and furnishings for emergency shelters.

22 ‘‘(b) DEFINITION.—A project shall be considered

23 emergency shelter for purposes of this section if the

24 project is designed to provide overnight sleeping accom25 modations for homeless persons. An emergency shelter
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1 may include appropriate eating and cooking accommoda2 tions.

3 ‘‘(c) PROGRAM REQUIREMENTS.—A recipient may

4 use grant amounts under this subtitle for an emergency

5 shelter project only if the project sponsor has agreed that

6 it will—

7 ‘‘(1) in the case of assistance involving major

8 rehabilitation or conversion of a building, maintain

9 the building as a shelter for homeless individuals

10 and families for not less than a 10-year period un11 less, within such 10-year period, the need for main12 taining the building as a full-time shelter ceases to

13 exist and the building is used for the remainder of

14 such period to carry out other eligible activities

15 under this subtitle;

16 ‘‘(2) in the case of assistance involving rehabili17 tation (other than major rehabilitation or conversion

18 of a building), maintain the building as a shelter for

19 homeless individuals and families for not less than

20 a 3-year period; or

21 ‘‘(3) in the case of assistance involving only ac22 tivities described in paragraphs (2) and (3) of sub23 section (a), provide services or shelter to homeless

24 individuals and families at the original site or struc25 ture or other sites or structures serving the same
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1 general population for the period during which such

2 assistance is provided;

3 ‘‘(4) comply with the standards of habitability

4 prescribed under subsection (d) by the Secretary and

5 (if applicable) the State or unit of general local gov6 ernment; and

7 ‘‘(5) assist homeless persons in obtaining—

8 ‘‘(A) appropriate supportive service, includ9 ing permanent housing, medical and mental

10 health treatment, counseling, supervision, and

11 other services essential for achieving independ12 ent living; and

13 ‘‘(B) other Federal, State, local, and pri14 vate assistance available for homeless persons.

15 ‘‘(d) MINIMUM STANDARDS OF HABITABILITY.—The

16 Secretary shall prescribe such minimum standards of hab17 itability as the Secretary determines to be appropriate to

18 ensure that emergency shelters assisted under this section

19 are environments that provide appropriate privacy, safety,

20 and sanitary and other health-related conditions for home21 less persons and families. Grantees may establish stand22 ards of habitability in addition to those prescribed by the

23 Secretary.
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1 ‘‘SEC. 433. SUPPORTIVE HOUSING FOR THE HOMELESS.

2 ‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use

3 grant amounts under this subtitle to provide assistance to

4 a project sponsor of supportive housing in the following

5 manners:

6 ‘‘(1) ACQUISITION AND REHABILITATION.—As7 sistance may be provided in the form of an advance

8 in an amount not exceeding cost of acquisition, sub9 stantial rehabilitation, or acquisition and rehabilita10 tion of an existing structure for use as supportive

11 housing. The repayment of any outstanding debt

12 owed on a loan made to purchase an existing struc13 ture shall be considered to be a cost of acquisition

14 eligible for an advance under this paragraph if the

15 structure was not used as supportive housing before

16 the receipt of assistance.

17 ‘‘(2) MODERATE REHABILITATION.—Assistance

18 may be provided in the form of a grant for moderate

19 rehabilitation of an existing structure for use as sup20 portive housing. Assistance under this paragraph

21 shall not preclude assistance under paragraph (1).

22 ‘‘(3) OPERATING COSTS.—Assistance may be

23 provided in the form of annual payments for operat24 ing costs of supportive housing (including supportive

25 housing that is newly constructed with assistance

26 provided from sources other than this subtitle) in an
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1 amount not exceeding 75 percent of the annual oper2 ating costs of such housing.

3 ‘‘(4) TECHNICAL ASSISTANCE.—Technical as4 sistance may be provided in—

5 ‘‘(A) establishing supportive housing in an

6 existing structure;

7 ‘‘(B) operating supportive housing in exist8 ing structures and in structures that are newly

9 constructed with assistance provided from

10 sources other than this subtitle; and

11 ‘‘(C) providing supportive services to the

12 residents of supportive housing (including sup13 portive housing that is newly constructed with

14 assistance provided from sources other than

15 this subtitle).

16 ‘‘(5) EMPLOYMENT ASSISTANCE PROGRAM.—

17 Assistance may be provided in the form of a grant

18 for establishing and operating an employment assist19 ance program for the residents of supportive hous20 ing, which shall include—

21 ‘‘(A) employment of residents in the oper22 ation and maintenance of the housing; and

23 ‘‘(B) the payment of the transportation

24 costs of residents to places of employment.
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1 ‘‘(6) SUPPORTIVE SERVICES.—Assistance may

2 be provided in the form of a grant for costs of sup3 portive services provided to homeless individuals.

4 Any project sponsor, including program recipients

5 under title IV of this Act before the date of the en6 actment of the Stewart B. McKinney Homeless As7 sistance Amendments Act of 1996, may reapply for

8 such assistance or for the renewal of such assistance

9 to continue services funded under prior grants or to

10 provide other services.

11 ‘‘(7) CHILD CARE SERVICES.—Assistance may

12 be provided in the form of a grant to establish and

13 operate a child care services program for homeless

14 families, which shall—

15 ‘‘(A) include—

16 ‘‘(i) establishing, licensing, and oper17 ating an onsite child care facility for the

18 residents of transitional housing;

19 ‘‘(ii) making contributions for the

20 child care costs of residents of transitional

21 housing to existing community child care

22 programs and facilities; and

23 ‘‘(iii) counseling designed to inform

24 the residents of transitional housing of
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1 public and private child care services for

2 which they are eligible; and

3 ‘‘(B) provide only child care services that

4 comply with any applicable State and local laws

5 and regulations.

6 A grant under this paragraph for any child care

7 services program may not exceed the amount equal

8 to 75 percent of the cost of operating the program

9 for a period not exceeding 5 years.

10 ‘‘(b) SUPPORTIVE HOUSING.—Housing for homeless

11 individuals shall be considered to be supportive housing

12 for purposes of this section if—

13 ‘‘(1) the housing is safe and sanitary and meets

14 any applicable State and local housing codes and li15 censing requirements in the jurisdiction in which the

16 housing is located;

17 ‘‘(2) the housing is—

18 ‘‘(A) transitional housing;

19 ‘‘(B) permanent housing for homeless per20 sons with disabilities; or

21 ‘‘(C) a particularly innovative project for,

22 or alternative methods of, meeting the imme23 diate and long-term needs of homeless individ24 uals and families (or is part of such a project);

25 and
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1 ‘‘(3) supportive services are provided in connec2 tion with the housing to address the special needs of

3 homeless individuals intended to be served by the

4 housing.

5 ‘‘(c) TRANSITIONAL HOUSING.—For purposes of this

6 section, the term ‘transitional housing’ means housing, the

7 purpose of which is to facilitate the movement of homeless

8 individuals and families to permanent housing within 24

9 months or such longer period as the Secretary determines

10 necessary.

11 ‘‘(d) PERMANENT HOUSING FOR HOMELESS PER12 SONS WITH DISABILITIES.—For purposes of this section,

13 the term ‘permanent housing for homeless persons with

14 disabilities’ means community-based housing for homeless

15 persons with disabilities that—

16 ‘‘(1) is a home designed solely for housing

17 homeless persons with disabilities or dwelling units

18 in a multifamily housing project, condominium

19 project, or cooperative project;

20 ‘‘(2) in the case of a home, is located on a site

21 that does not contain another home used for the

22 same purposes and that is not contiguous to another

23 site containing a home used for the same purposes;

24 and
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1 ‘‘(3) provides long-term housing and supportive

2 services for not more than—

3 ‘‘(A) 8 such persons in a single structure

4 or contiguous structures;

5 ‘‘(B) 16 such persons, but only if not more

6 than 20 percent of the units in a structure are

7 designated for such persons; or

8 ‘‘(C) more than 16 persons if the applicant

9 demonstrates that local market conditions dic10 tate the development of a large project and

11 such development will achieve the neighborhood

12 integration objectives of the program within the

13 context of the affected community.

14 ‘‘(e) PROGRAM REQUIREMENTS.—

15 ‘‘(1) REQUIRED AGREEMENTS.—A recipient

16 may use grant amounts under this subtitle for a

17 supportive housing project under this section only if

18 the project sponsor for the project has agreed—

19 ‘‘(A) to operate the proposed project as

20 supportive housing for not less than 10 years;

21 ‘‘(B) to conduct an ongoing assessment of

22 the supportive services required by the residents

23 of the project;

24 ‘‘(C) to provide such residential supervision

25 as the Secretary determines is necessary to fa-
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1 cilitate the adequate provision of supportive

2 services to the residents of the project; and

3 ‘‘(D) to comply with such other terms and

4 conditions as the Secretary or recipient may es5 tablish for purposes of carrying out this pro6 gram in an effective and efficient manner.

7 ‘‘(2) OCCUPANT CHARGE.—Each homeless indi8 vidual or family residing in a project assisted under

9 this section that provides supportive housing may be

10 required to pay an occupancy charge in an amount

11 determined by the project sponsor, which may not

12 exceed the amount determined under section 3(a) of

13 the United States Housing Act of 1937. Occupancy

14 charges paid may be reserved, in whole or in part,

15 to assist residents in moving to permanent housing.

16 ‘‘(f) SINGLE ROOM OCCUPANCY DWELLINGS.—A

17 project assisted under this section may provide supportive

18 housing or supportive services in dwelling units that do

19 not contain bathrooms or kitchen facilities and are appro20 priate for use as supportive housing or in projects contain21 ing some or all such dwelling units.

22 ‘‘SEC. 434. SAFE HAVENS FOR HOMELESS INDIVIDUALS.

23 ‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use

24 grant amounts under this subtitle for—
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1 ‘‘(1) the construction of a structure for use in

2 providing a safe haven or the acquisition, rehabilita3 tion, or acquisition and rehabilitation of an existing

4 structure for use in providing a safe haven;

5 ‘‘(2) the leasing of an existing structure for use

6 in providing a safe haven;

7 ‘‘(3) operating costs of a safe haven;

8 ‘‘(4) costs of administering a safe haven pro9 gram, in an amount not exceeding 10 percent of the

10 amounts made available for activities under para11 graphs (1) through (3);

12 ‘‘(5) conducting outreach activities designed to

13 inform eligible persons about and attract them to a

14 safe haven program;

15 ‘‘(6) the provision of low-demand services and

16 referrals for residents of a safe haven; and

17 ‘‘(7) conducting other activities that further the

18 purposes of this section, including the modification

19 of an existing facility to use a portion of a facility

20 to provide a safe haven.

21 ‘‘(b) DEFINITION.—For purposes of this section, the

22 term ‘safe haven’ means housing for homeless persons

23 who, at the time, are unwilling or unable to participate

24 in mental health treatment programs or to receive other

25 supportive services. Such a facility may provide—
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1 ‘‘(1) 24-hour residence for eligible persons who

2 may reside for an unspecified duration;

3 ‘‘(2) private or semiprivate accommodations;

4 ‘‘(3) common use of kitchen facilities, dining

5 rooms, and bathrooms;

6 ‘‘(4) supportive services to eligible persons who

7 are not residents on a drop-in basis; and

8 ‘‘(5) overnight occupancy limited to no more

9 than 25 persons.

10 ‘‘SEC. 435. SHELTER PLUS CARE.

11 ‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use

12 grant amounts under this subtitle to provide shelter plus

13 care for homeless persons with disabilities (primarily per14 sons who have severe and persistent mental or emotional

15 impairments that seriously limit a person’s ability to live

16 independently, have chronic programs with alcohol, drugs,

17 or both, or have acquired immunodeficiency syndrome and

18 related diseases) and the families of such persons.

19 ‘‘(b) DEFINITION.—For purposes of this section, the

20 term ‘shelter plus care’ means rental housing assistance,

21 in connection with supportive services funded from sources

22 other than under this section. Such rental housing assist23 ance may be tenant-based, project-based, or sponsor24 based.
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1 ‘‘SEC. 436. ADMINISTRATIVE AND CAPACITY-BUILDING EX2 PENSES.

3 ‘‘(a) AVAILABILITY OF GRANT AMOUNTS.—A recipi4 ent may use grant amounts under this subtitle for the fol5 lowing expenses:

6 ‘‘(1) ADMINISTRATIVE EXPENSES.—During—

7 ‘‘(A) the first year in which a recipient re8 ceives grant amounts under this subtitle, for

9 administrative expenses in connection with

10 planning the development of, and establishing,

11 its program under this subtitle;

12 ‘‘(B) subsequent years, to defray the cost

13 of administering the program; and

14 ‘‘(C) any year in which a recipient receives

15 grant amounts under this subtitle, to defray the

16 cost of establishing and operating the board re17 ferred to in section 411(b).

18 Not more than 5 percent of any amounts provided

19 to a recipient under this subtitle for a fiscal year

20 may be used for activities under this paragraph.

21 ‘‘(2) CAPACITY BUILDING FOR NONPROFIT OR22 GANIZATIONS.—For building the capacity of private

23 nonprofit organizations to participate in the com24 prehensive homeless assistance system of the recipi25 ent, except that not more than 2 percent of any

26 amounts provided to a recipient under this subtitle
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1 for a fiscal year may be used for activities under this

2 paragraph.

3 ‘‘(b) PROVISION OF ADMINISTRATIVE EXPENSES FOR

4 CERTAIN ENTITIES.—

5 ‘‘(1) PROVISION OF AMOUNTS.—Any recipient

6 under paragraph (2) shall make available, to defray

7 the administrative expenses of the designee or the

8 State, not more than 5 percent from amounts eligi9 ble for this purpose under subsection (a)(1).

10 ‘‘(2) RECIPIENTS COVERED.—The recipients

11 under this paragraph shall be—

12 ‘‘(A) any allocation unit of general local

13 government, Indian Tribe, or insular area, that

14 designates a public agency or a private non15 profit organization under section 410(a)(2);

16 ‘‘(B) any State recipient that designates a

17 public agency or a private nonprofit organiza18 tion under section 410(b)(3)(A)(ii); and

19 ‘‘(C) any State recipient that enters into

20 an agreement under section 410(b)(3)(A)(iii)

21 with a State.

22 ‘‘SEC. 437. INNOVATIVE HOMELESS INITIATIVES.

23 ‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use

24 grant amounts under this subtitle for—
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1 ‘‘(1) establishing innovative programs to dem2 onstrate methods of undertaking comprehensive

3 strategies for assisting homeless individuals and

4 families (including homeless individuals who have

5 the disease of acquired immunodeficiency syndrome

6 or who are infected with HIV), through cooperative

7 efforts in partnership with other levels of govern8 ment and the private sector (including nonprofit or9 ganizations, foundations, and communities) and

10 through a variety of activities, including the coordi11 nation of efforts and the filling of gaps in available

12 services and resources; and

13 ‘‘(2) to obtain technical assistance in establish14 ing a program for providing homeless assistance in

15 accordance with the provisions of this subtitle, ex16 cept that not more than 10 percent of the amount

17 provided to a recipient under this subtitle for a fiscal

18 year may be used under this paragraph.

19 ‘‘(b) REQUIREMENTS.—A recipient may use grant

20 amounts to establish an innovative program under sub21 section (a)(1) only if—

22 ‘‘(1) the existing public and private systems for

23 homelessness prevention, outreach, assessment, shel24 ter, services, transitional services, transitional hous25 ing, and permanent housing available within the ju-
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1 risdiction of the recipient would benefit from addi2 tional resources to achieve a comprehensive ap3 proach to meeting the needs of individuals and fami4 lies who are homeless, or who are very low-income

5 and at risk of homelessness;

6 ‘‘(2) the recipient works cooperatively with the

7 Department of Housing and Urban Development,

8 nonprofit organizations, foundations, other private

9 entities, and the community, to the extent feasible,

10 to design and implement the program; and

11 ‘‘(3) the recipient obtains a commitment from

12 the jurisdiction to make necessary changes in policy

13 and procedure to provide sufficient flexibility and re14 sources as necessary to implement and sustain the

15 program.

16 ‘‘SEC. 438. OTHER APPROVED ACTIVITIES.

17 ‘‘The Secretary, in cooperation with grantees, recipi18 ents, and other appropriate parties, shall develop addi19 tional activities to carry out the purposes of this subtitle.

20 A recipient may use grants amounts under this subtitle

21 to carry out any such activities developed and approved

22 by the Secretary.
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1 ‘‘Subtitle B—Other Permanent Housing

2 Assistance Programs for the Homeless’’.

3 SEC. 412. REGULATIONS AND TRANSITION PROVISIONS.

4 (a) IN GENERAL.—Not later than May 1, 1997, the

5 Secretary of Housing and Urban Development (in this sec6 tion referred to as the ‘‘Secretary’’) shall publish final reg7 ulations to implement the amendments made by this sub8 title. The final rule shall be published after notice and op9 portunity for public comment in accordance with section

10 553 of title 5, United States Code.

11 (b) TRANSITION PROVISIONS.—

12 (1) EMERGENCY SHELTER GRANTS PROGRAM.—

13 Notwithstanding any other provision of law, during

14 fiscal year 1997, the Secretary shall allocate grants

15 from amounts available for such year under subtitle

16 A of title IV of the Stewart B. McKinney Homeless

17 Assistance Act (as amended by this Act) in accord18 ance with the provisions of subtitle B of title IV of

19 the Stewart B. McKinney Homeless Assistance Act

20 (relating to emergency shelter grants), as such pro21 visions existed immediately before the enactment of

22 this Act.

23 (2) FAILURE TO PUBLISH REGULATIONS.—

24 (A) IN GENERAL.—If the Secretary fails to

25 publish final regulations as provided by sub-
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1 section (a), the Secretary shall distribute the

2 amounts available for fiscal year 1997 under

3 subtitle A of title IV of the Stewart B. McKin4 ney Homeless Assistance Act (as amended by

5 this Act) (excluding amounts allocated under

6 paragraph (1)) in accordance with the following

7 provisions of title IV of the Stewart B. McKin8 ney Homeless Assistance Act, as such provi9 sions existed immediately before the enactment

10 of this Act:

11 (i) Subtitle C (relating to supportive

12 housing).

13 (ii) Subtitle D (relating to safe ha14 vens).

15 (iii) Subtitle F (relating to shelter

16 plus care).

17 (B) PROCEDURE.—For purposes of award18 ing assistance under this paragraph, the Sec19 retary may, as appropriate—

20 (i) provide for use of a single applica21 tion; and

22 (ii) publish a single notice of funding

23 availability.

24 (3) MINIMUM AMOUNTS.—The Secretary shall

25 determine the amount to be allocated for each of the
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1 programs referred to in this subsection, but the

2 amount so allocated for each such program shall not

3 be less than the amount appropriated for the pro4 gram for fiscal year 1996.

5 (c) TECHNICAL ASSISTANCE.—Of any amounts ap6 propriated to carry out section 2 of the HUD Demonstra7 tion Act of 1993 in fiscal year 1997, the Secretary may

8 use not more than 10 percent for providing technical as9 sistance to assist recipients under subtitle A of title IV

10 of the Stewart B. McKinney Homeless Assistance Act (as

11 amended by this subtitle) to establish a program for pro12 viding homeless assistance in accordance with the provi13 sions of such subtitle A.

14 SEC. 413. REPORT ON SINGLE ROOM OCCUPANCY ASSIST15 ANCE.

16 Not later than July 1, 1997, the Secretary shall sub17 mit a report to the Congress evaluating the effectiveness

18 of combining the programs for assistance for single room

19 occupancy dwellings under sections 451 and 452 of the

20 Stewart B. McKinney Homeless Assistance Act (as so re21 designated and amended by this Act) into the program

22 for assistance under subtitle A of title IV of such Act and,

23 if effective, describing how to provide such assistance

24 under the program under such subtitle A.
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1 Subtitle B—Other Housing Assistance Pro2 grams for the Homeless Under McKinney

3 Act

4 SEC. 421. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCU5 PANCY DWELLINGS.

6 (a) IN GENERAL.—Section 451 of the Stewart B.

7 McKinney Homeless Assistance Act (42 U.S.C. 11401(a)),

8 as so redesignated by section 411(3) of this Act, is amend9 ed—

10 (1) in the second sentence of subsection (c), in

11 the matter preceding paragraph (1), by striking

12 ‘‘containing’’ and inserting the following: ‘‘for the

13 provision of assistance under this section that is spe14 cifically provided for in the comprehensive homeless

15 assistance described in the application under section

16 408 of the relevant eligible grantee and that con17 tains’’; and

18 (2) in subsection (j)(1), by inserting ‘‘recipient

19 under subtitle A,’’ after ‘‘authority,’’.

20 (b) FUNDING.—Section 451(a) of the Stewart B.

21 McKinney Homeless Assistance Act (42 U.S.C. 11401(a)),

22 as so redesignated by section 411(3) of this Act, is amend23 ed to read as follows:

24 ‘‘(a) INCREASE IN BUDGET AUTHORITY.—The budg25 et authority available under section 5(c) of the United
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1 States Housing Act of 1937 for assistance under section

2 8(e)(2) of such Act (as in effect immediately before Octo3 ber 1, 1991) is authorized to be increased by

4 $200,000,000 on or after October 1, 1996, by such sums

5 as may be necessary on or after October 1, 1997, by such

6 sums as may be necessary on or after October 1, 1998,

7 by such sums as may be necessary on or after October

8 1, 1999, and by such sums as may be necessary on or

9 after October 1, 2000.’’.

10 SEC. 422. SECTION 8 ASSISTANCE FOR SHELTER PLUS CARE

11 SINGLE ROOM OCCUPANCY DWELLINGS.

12 Title IV of the Stewart B. McKinney Homeless As13 sistance Act (42 U.S.C. 11361 et seq.) is amended by in14 serting after section 451, as so redesignated by section

15 411(3) of this Act, the following new section:

16 ‘‘SEC. 452. SECTION 8 ASSISTANCE FOR SHELTER PLUS

17 CARE SINGLE ROOM OCCUPANCY DWELL18 INGS.

19 ‘‘(a) PURPOSE.—The purpose of the program under

20 this section is to provide assistance for the moderate reha21 bilitation of single room occupancy housing to be made

22 available for rental, in connection with supportive services

23 funded from sources other than this section, to homeless

24 persons with disabilities (primarily persons who are seri25 ously mentally ill, have chronic problems with alcohol,
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1 drugs, or both, or have acquired immunodeficiency syn2 drome and related diseases) and the families of such

3 persons.

4 ‘‘(b) MODERATE REHABILITATION ASSISTANCE.—

5 The Secretary may use amounts made available to carry

6 out this section for moderate rehabilitation of single room

7 occupancy housing described in section 8(l) of the United

8 States Housing Act of 1937 for occupancy by eligible per9 sons in accordance with this section. Such amounts may

10 be used in connection with the moderate rehabilitation of

11 efficiency units if the building owner agrees to pay the

12 additional cost of rehabilitating and operating the effi13 ciency units.

14 ‘‘(c) FUNDING LIMITATIONS.—

15 ‘‘(1) TARGETED POPULATIONS.—To the maxi16 mum extent practicable, the Secretary shall reserve

17 not less than 50 percent of all amounts made avail18 able to carry out this section for homeless individ19 uals who are seriously mentally ill or have chronic

20 problems with alcohol, drugs, or both.

21 ‘‘(2) GEOGRAPHICAL LIMITATION.—Of the as22 sistance made available under this section for any

23 fiscal year, not more than 10 percent may be used

24 for programs located within any one unit of general

25 local government.
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1 ‘‘(d) SUPPORTIVE SERVICES REQUIREMENTS.—

2 ‘‘(1) REQUIREMENT OF MATCHING AMOUNTS.—

3 Each recipient of assistance under this section shall

4 supplement the assistance provided under this sec5 tion with an equal amount of funds for supportive

6 services from sources other than this section. Each

7 recipient shall certify to the Secretary its compliance

8 with this paragraph, and shall include with the cer9 tification a description of the sources and amounts

10 of such supplemental funds.

11 ‘‘(2) DETERMINATION OF MATCHING

12 AMOUNTS.—In calculating the amount of supple13 mental funds provided under this section, a recipient

14 may include the value of any lease on a building, any

15 salary paid to staff to carry out the program of the

16 recipient, and the value of the time and services con17 tributed by volunteers to carry out the program of

18 the recipient at a rate determined by the Secretary.

19 ‘‘(3) RECAPTURE.—If the supportive services

20 and funding for the supportive services required by

21 this subsection are not provided by a recipient, the

22 Secretary may recapture any unexpended housing

23 assistance provided under this section to the recipi24 ent.
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1 ‘‘(e) CONTRACT REQUIREMENTS.—Each contract for

2 annual contributions entered into by the Secretary with

3 a public housing agency to obligate budget authority made

4 available to carry out this section shall—

5 ‘‘(1) commit the Secretary to make the author6 ity available to the public housing agency for an ag7 gregate period of 10 years, and require that any

8 amendments increasing the authority shall be avail9 able for the remainder of such 10-year period;

10 ‘‘(2) provide the Secretary with the option to

11 renew the contract for an additional period of 10

12 years, subject to the availability of authority;

13 ‘‘(3) provide that, notwithstanding any other

14 provision of law, first priority for occupancy of hous15 ing rehabilitated under this section shall be given to

16 homeless persons; and

17 ‘‘(4) require installation in the housing assisted

18 of a sprinkler system that protects all major spaces,

19 hard-wired smoke detectors, and any other fire safe20 ty improvements as may be required by State or

21 local law.

22 For purposes of this subsection, the term ‘major spaces’

23 means hallways, large common areas, and other areas

24 specified in local fire, building, or safety codes.

25 ‘‘(f) APPLICATIONS.—
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1 ‘‘(1) IN GENERAL.—An application for rental

2 housing assistance under this section shall be sub3 mitted by an applicant in such form and in accord4 ance with such procedures as the Secretary shall es5 tablish.

6 ‘‘(2) MINIMUM CONTENTS.—The Secretary

7 shall require that an application identify the need

8 for the assistance in the community to be served and

9 shall contain at a minimum—

10 ‘‘(A) a request for housing assistance

11 under this section specifying the number of

12 units requested and the amount of necessary

13 budget authority;

14 ‘‘(B) a description of the size and charac15 teristics of the population of eligible persons;

16 ‘‘(C) an identification of the need for the

17 program in the community to be served;

18 ‘‘(D) the identity of the proposed service

19 provider or providers (which may be, or include,

20 the applicant) and a statement of the qualifica21 tions of the provider or providers;

22 ‘‘(E) a description of the supportive serv23 ices that the applicant proposes to assure will

24 be available for eligible persons;
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1 ‘‘(F) a description of the resources that

2 are expected to be made available to provide the

3 supportive services required by subsection (d);

4 ‘‘(G) a description of the mechanisms for

5 developing a housing and supportive services

6 plan for each person and for monitoring each

7 person’s progress in meeting that plan;

8 ‘‘(H) reasonable assurances satisfactory to

9 the Secretary that the supportive services will

10 be provided for the full term of the housing as11 sistance under this section and a certification

12 from the applicant that it will fund the support13 ive services itself if the planned resources do

14 not become available for any reason;

15 ‘‘(I) a certification by the public official re16 sponsible for submitting the comprehensive

17 housing affordability strategy under section 105

18 of the Cranston-Gonzalez National Affordable

19 Housing Act that the proposed activities are

20 consistent with the approved housing strategy

21 of the unit of general local government within

22 which housing assistance under this section will

23 be provided; and
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1 ‘‘(J) identification of the specific struc2 tures that the recipient is proposing for assist3 ance.

4 ‘‘(g) SELECTION CRITERIA.—The Secretary shall es5 tablish selection criteria for a national competition for as6 sistance under this section which shall include—

7 ‘‘(1) the ability of the applicant to develop and

8 operate the proposed assisted housing and support9 ive services program, taking into account the quality

10 of any ongoing program of the applicant;

11 ‘‘(2) geographic diversity among the projects to

12 be assisted;

13 ‘‘(3) the need for a program providing housing

14 assistance and supportive services for eligible per15 sons in the area to be served;

16 ‘‘(4) the quality of the proposed program for

17 providing supportive services and housing assistance;

18 ‘‘(5) the extent to which the proposed funding

19 for the supportive services is or will be available;

20 ‘‘(6) the extent to which the project would meet

21 the needs of the homeless persons proposed to be

22 served by the program;

23 ‘‘(7) the extent to which the program integrates

24 program recipients into the community served by the

25 program;
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1 ‘‘(8) the cost-effectiveness of the proposed pro2 gram; and

3 ‘‘(9) such other factors as the Secretary speci4 fies in regulations to be appropriate for purposes of

5 carrying out the program established by this section

6 in an effective and efficient manner.

7 ‘‘(h) PARTICIPATION OF HOMELESS INDIVIDUALS.—

8 The Secretary shall, by regulation, require each recipient

9 of assistance under this section to provide for the consulta10 tion and participation of not less than one homeless indi11 vidual or former homeless individual on the board of direc12 tors or other equivalent policymaking entity of the recipi13 ent, to the extent that such entity considers and makes

14 policies and decisions regarding any housing assisted

15 under this section or services for such housing. The Sec16 retary may grant waivers to recipients unable to meet the

17 requirement under the preceding sentence if the recipient

18 agrees to otherwise consult with homeless or formerly

19 homeless individuals in considering and making such poli20 cies and decisions.

21 ‘‘(i) REQUIRED AGREEMENTS.—The Secretary may

22 not approve assistance under this section for an applicant

23 unless the applicant agrees—

24 ‘‘(1) to operate the proposed program in ac25 cordance with the provisions of this section;
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1 ‘‘(2) to conduct an ongoing assessment of the

2 housing assistance and supportive services required

3 by the participants in the program;

4 ‘‘(3) to ensure the adequate provision of sup5 portive services to the participants in the program;

6 ‘‘(4) to comply with such other terms and con7 ditions as the Secretary may establish for purposes

8 of carrying out the program in an effective and effi9 cient manner; and

10 ‘‘(5) to the maximum extent practicable, to in11 volve homeless individuals and families, through em12 ployment volunteer services, or otherwise, in con13 structing or rehabilitating housing assisted under

14 this section and in providing services required under

15 this section.

16 ‘‘(j) HOUSING STANDARDS AND RENT REASONABLE17 NESS.—

18 ‘‘(1) STANDARDS REQUIRED.—The Secretary

19 shall require that—

20 ‘‘(A) before any assistance may be pro21 vided to or on behalf of a person, each unit as22 sisted under this section shall be inspected by

23 the applicant directly or by another entity, in24 cluding the local public housing agency, to de25 termine that the unit meets the housing quality
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1 standards under section 8 of the United States

2 Housing Act of 1937 and that the occupancy

3 charge for the dwelling unit is reasonable; and

4 ‘‘(B) the recipient shall make at least an5 nual inspections of each unit assisted under this

6 section during the term of the contract for such

7 assistance.

8 ‘‘(2) PROHIBITION.—No assistance may be pro9 vided under this section for a dwelling unit (A) for

10 which the occupancy charge is not reasonable, or (B)

11 which fails to meet the housing standards, unless the

12 owner promptly corrects the deficiency and the re13 cipient verifies the correction.

14 ‘‘(k) TENANT RENT.—Each tenant of a dwelling unit

15 assisted under this section shall pay as rent an amount

16 determined in accordance with the provisions of section

17 3(a)(1) of the United States Housing Act of 1937.

18 ‘‘(l) ADMINISTRATIVE FEES.—From amounts made

19 available to carry out this section, the Secretary shall

20 make amounts available to pay the entity administering

21 the housing assistance an administrative fee in an amount

22 determined appropriate by the Secretary for the costs of

23 administering the housing assistance.

24 ‘‘(m) OCCUPANCY.—
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1 ‘‘(1) OCCUPANCY AGREEMENT.—The occupancy

2 agreement between a tenant and an owner of a

3 dwelling unit assisted under this section shall be for

4 at least 1 month.

5 ‘‘(2) VACANCY PAYMENTS.—If an eligible per6 son vacates a dwelling unit assisted under this sec7 tion before the expiration of the occupancy agree8 ment, no assistance payment may be made with re9 spect to the unit after the month that follows the

10 month during which the unit was vacated, unless it

11 is occupied by another eligible person.

12 ‘‘(n) TERMINATION OF ASSISTANCE.—

13 ‘‘(1) AUTHORITY.—If an eligible individual who

14 receives assistance under this section violates pro15 gram requirements, the recipient may terminate as16 sistance in accordance with the process established

17 pursuant to paragraph (2).

18 ‘‘(2) PROCEDURE.—In terminating assistance

19 under this paragraph, the recipient shall provide a

20 formal process that recognizes the rights of individ21 uals receiving such assistance to due process of law.

22 ‘‘(o) DEFINITIONS.—For purposes of this section, the

23 following definitions shall apply:

24 ‘‘(1) The term ‘acquired immunodeficiency syn25 drome and related diseases’ has the meaning given
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1 such term in section 853 of the Cranston-Gonzalez

2 National Affordable Housing Act.

3 ‘‘(2) The term ‘applicant’ means a State, unit

4 of general local government, Indian tribe, or public

5 housing agency.

6 ‘‘(3) The term ‘eligible person’ means a home7 less person with disabilities (primarily persons who

8 are seriously mentally ill, have chronic problems with

9 alcohol, drugs, or both, or have acquired

10 immunodeficiency syndrome and related diseases)

11 and the family of such a person.

12 ‘‘(4) The term ‘Indian tribe’ has the meaning

13 given such term in section 102 of the Housing and

14 Community Development Act of 1974.

15 ‘‘(5) The term ‘nonprofit organization’ has the

16 meaning given such term by section 104 of the

17 Cranston-Gonzalez National Affordable Housing

18 Act, and includes community mental health centers

19 established as public nonprofit organizations.

20 ‘‘(6) The term ‘person with disabilities’ has the

21 meaning given such term in section 811 of the Cran22 ston-Gonzalez National Affordable Housing Act.

23 ‘‘(7) The term ‘public housing agency’ has the

24 meaning given such term in section 3(b) of the Unit25 ed States Housing Act of 1937.
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1 ‘‘(8) The term ‘recipient’ means an applicant

2 approved for participation in the program to provide

3 assistance under this section.

4 ‘‘(9) The term ‘Secretary’ means the Secretary

5 of Housing and Urban Development.

6 ‘‘(10) The term ‘seriously mentally ill’ means

7 having a severe and persistent mental or emotional

8 impairment that seriously limits a person’s ability to

9 live independently.

10 ‘‘(11) The term ‘State’ means each of the sev11 eral States, the District of Columbia, the Common12 wealth of Puerto Rico, the Commonwealth of the

13 Northern Mariana Islands, the Virgin Islands,

14 Guam, American Samoa, and any other territory or

15 possession of the United States.

16 ‘‘(12) The term ‘supportive services’ means as17 sistance that the Secretary determines (A) addresses

18 the special needs of eligible persons; and (B) pro19 vides appropriate services or assists such persons in

20 obtaining appropriate services, including health care,

21 mental health services, substance and alcohol abuse

22 services, child care services, case management serv23 ices, counseling, supervision, education, job training,

24 and other services essential for achieving and main-
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1 taining independent living. Inpatient acute hospital

2 care shall not qualify as a supportive service.

3 ‘‘(13) The term ‘unit of general local govern4 ment’ has the meaning given such term in section

5 102 of the Housing and Community Development

6 Act of 1974.

7 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For

8 purposes of providing assistance under this section, there

9 are authorized to be appropriated $75,000,000 for fiscal

10 year 1997 and such sums as may be necessary for each

11 of fiscal years 1998, 1999, 2000, and 2001.’’.

12 SEC. 423. RURAL HOMELESSNESS GRANT PROGRAM.

13 (a) IN GENERAL.—Section 453 of the Stewart B.

14 McKinney Homeless Assistance Act, as so redesignated by

15 section 411(3) of this Act, is amended—

16 (1) in subsection (a), by striking ‘‘Secretary of

17 Housing and Urban Development’’ and inserting

18 ‘‘Secretary of Agriculture’’; and

19 (2) in subsection (k), by striking paragraph (3)

20 and inserting the following new paragraph:

21 ‘‘(3) The term ‘Secretary’ means the Secretary

22 of Agriculture.’’.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

24 453(l)(1) of the Stewart B. McKinney Homeless Assist-
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1 ance Act (42 U.S.C. 11408(l)(1)), as so redesignated by

2 section 411(3) of this Act, is amended to read as follows:

3 ‘‘(1) IN GENERAL.—There are authorized to be

4 appropriated to carry out this section $30,000,000

5 for fiscal year 1997 and such sums as may be nec6 essary for each of fiscal years 1998, 1999, 2000,

7 and 2001.’’.

8 SEC. 424. CLERICAL AMENDMENT.

9 The table of contents in section 101(b) of the Stewart

10 B. McKinney Homeless Assistance Act is amended by

11 striking the items relating to title IV and inserting the

12 following new items:

‘‘TITLE IV—HOUSING ASSISTANCE

‘‘Subtitle A—Flexible Grant Program

‘‘CHAPTER 1—GENERAL PROVISIONS

‘‘Sec. 401. Purposes.

‘‘Sec. 402. Authorization of appropriations.

‘‘Sec. 403. Definitions.

‘‘Sec. 404. Provision of grants.

‘‘Sec. 405. Comprehensive homeless assistance.

‘‘Sec. 406. Matching requirements.

‘‘Sec. 407. Responsibilities of grantees and project sponsors.

‘‘Sec. 408. Application.

‘‘Sec. 409. Allocation and distribution of funds.

‘‘Sec. 410. Administration of program.

‘‘Sec. 411. Citizen participation.

‘‘Sec. 412. Applicability of other provisions.

‘‘Sec. 413. Reports, reviews, and audits.

‘‘Sec. 414. Nondiscrimination in programs and activities.

‘‘Sec. 415. Consultation.

‘‘Sec. 416. Records, reports, and audits.

‘‘Sec. 417. Reports to Congress.

‘‘CHAPTER 2—ELIGIBLE ACTIVITIES

‘‘Sec. 431. Homelessness prevention.

‘‘Sec. 432. Emergency shelter.

‘‘Sec. 433. Supportive housing for the homeless.

‘‘Sec. 434. Safe havens for homeless individuals.
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‘‘Sec. 435. Shelter plus care.

‘‘Sec. 436. Administrative and capacity-building expenses.

‘‘Sec. 437. Innovative homeless initiatives.

‘‘Sec. 438. Other approved activities.

‘‘Subtitle B—Other Permanent Housing Assistance Programs for the

Homeless

‘‘Sec. 451. Section 8 assistance for single room occupancy dwellings.

‘‘Sec. 452. Section 8 assistance for shelter plus care single room occupancy

dwellings.

‘‘Sec. 453. Rural homelessness grant program.

‘‘Sec. 454. Use of FMHA inventory for transitional housing for homeless

persons and for turnkey housing.’’.

1 Subtitle C—Miscellaneous Homeless Housing

2 Provisions

3 SEC. 431. STRATEGY TO ELIMINATE UNFIT TRANSIENT FA4 CILITIES.

5 Section 825(b) of the Cranston-Gonzalez National

6 Affordable Housing Act (42 U.S.C. 11301 note) is

7 amended—

8 (1) in paragraph (2), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (3), by striking the period at

11 the end and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(4) that States and units of general local gov15 ernment shall eliminate the use of unfit transient fa16 cilities as housing for homeless families with children

17 not later than July 1, 1997, in the manner provided

18 under the strategy.’’.

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