243
‘‘(B) STATE RECIPIENTS.—No State recip-
ient may submit an application under section
410(b)(3) or a performance report to a State,
unless the board under this subsection for the
jurisdiction has reviewed, and been provided an
opportunity to include any comments of the
board in, the application or report.
‘‘(6) REVIEW BY SECRETARY.—A member or
members of the board under this subsection for a ju-
risdiction or other members of the community may
request the Secretary to review process for constitut-
ing or operating the board to determine whether the
process is fair. If the Secretary finds that the proc-
ess is unfair and submits a written justification to
the board within 15 days of the request for review,
the Secretary may disapprove the application under
section 408 for the jurisdiction or refuse to accept
a performance report under section 413(a).
‘‘(7) CONFLICTS OF INTEREST.—The Secretary
shall prescribe standards governing potential con-
flicts of interest under which members of boards
under this subsection may participate in activities
carried out under this subtitle.
‘‘(c) INVOLVEMENT OF CITIZENS AND OTHERS.—
‘‘(1) IN GENERAL.—Each recipient shall—
244
‘‘(A) make available to its citizens, public
agencies, and other interested parties informa-
tion concerning the amount of assistance the ju-
risdiction expects to receive and the range of
activities that may be undertaken with the as-
sistance;
‘‘(B) publish the proposed application in a
manner that, in the determination of the Sec-
retary, affords affected citizens, public agencies,
and other interested parties a reasonable oppor-
tunity to examine its content and to submit
comments on it;
‘‘(C) hold one or more public hearings to
obtain the views of citizens, public agencies, and
other interested parties on the housing needs of
the jurisdiction; and
‘‘(D) provide citizens, public agencies, and
other interested parties with reasonable access
to records regarding any uses of any assistance
the recipient may have received under this sub-
title during the preceding 5 years.
‘‘(2) NOTICE AND COMMENT.—Before submit-
ting any performance report under section 413(a) or
any substantial amendment to an application under
section 408, a recipient shall provide citizens with
245
reasonable notice of, and opportunity to comment
on, the performance report or application.
‘‘(3) CONSIDERATION OF COMMENTS.—A recipi-
ent shall consider any comments or views of citizens
in preparing a final application, amendment to an
application, or performance report for submission. A
summary of such comments or views shall be at-
tached when an application, amendment to an appli-
cation, or performance report is submitted. The sub-
mitted application, amendment, or report shall be
made available to the public.
‘‘(4) AUTHORITY
OF
SECRETARY.—The Sec-
retary shall establish procedures appropriate and
practicable for providing a fair hearing and timely
resolution of citizen complaints related to applica-
tions or performance reports under this subtitle.
‘‘(d) REQUIREMENTS FOR CITIZEN PARTICIPATION
FOR STATE RECIPIENTS AND RECIPIENTS OF AMOUNTS
FROM THE SECRETARY.—
‘‘(1) STATE RECIPIENTS.—The State may pre-
scribe citizen participation requirements comparable
(to the extent appropriate) to the requirements
under the preceding provisions of this section for
cases in which a State distributes grant amounts to
State recipients, as provided in section 410(b)(2).
246
‘‘(2) RECIPIENTS FROM SECRETARY.—The Sec-
retary may prescribe citizen participation require-
ments comparable (to the extent appropriate) to the
requirements under the preceding provisions of this
section for cases in which the Secretary—
‘‘(A) administers the grant amounts of an
allocation unit of general local government, as
provided in section 410(a)(4); or
‘‘(B) distributes grant amounts to recipi-
ents, as provided in paragraph (3), (4), or (5)
of section 410(b).
‘‘(3) INAPPLICABLE LAWS.—The Federal Advi-
sory Committee Act and section 12 of the Depart-
ment of Housing and Urban Development Act shall
not apply with respect to the actions of the Sec-
retary referred to in paragraph (2). The Secretary
shall establish appropriate standards under this
paragraph to ensure the integrity of the process for
awarding assistance.
‘‘SEC. 412. APPLICABILITY OF OTHER PROVISIONS.
‘‘(a) FLOOD ELEVATION REQUIREMENTS.—Flood
protection standards applicable to housing acquired, reha-
bilitated, or assisted under this subtitle shall be no more
restrictive than the standards applicable to any other pro-
gram administrated by the Secretary.
247
‘‘(b) ENVIRONMENTAL
PROTECTION.—The provi-
sions of, and regulations and procedures applicable under,
section 104(g) of the Housing and Community Develop-
ment Act of 1974 shall apply to assistance and projects
under this subtitle.
‘‘(c) GAO AUDITS.—Insofar as they relate to funds
provided under this subtitle, the financial transactions of
grantees and project sponsors may be audited by the Gen-
eral Accounting Office under such rules and regulations
as may be prescribed by the Comptroller General of the
United States. The representatives of the General Ac-
counting Office shall have access to all books, accounts,
records, reports, files and other papers, things, or property
belonging to, or in use by such grantees, and project spon-
sors pertaining to the financial transactions and necessary
to facilitate the audit.
‘‘SEC. 413. REPORTS, REVIEWS, AND AUDITS.
‘‘(a) 
GRANTEE
PERFORMANCE
REPORT.—Each
grantee shall submit to the Secretary a performance and
evaluation report concerning the use of funds made avail-
able under this subtitle. The report shall be submitted at
such time and contain such information as the Secretary
shall prescribe, and shall be made available to the relevant
boards referred to in section 411(b) and to citizens, public
agencies, and other interested parties in the jurisdiction
248
of the grantee in sufficient time to permit the board and
the citizens, public agencies, and other interested parties
to comment on the report before submission.
‘‘(b) REVIEWS AND AUDITS.—The Secretary shall, at
least on an annual basis, make such reviews and audits
as may be necessary or appropriate to determine—
‘‘(1) in the case of a grantee (other than a
grantee referred to in paragraph (2)), whether the
grantee—
‘‘(A) has carried out its activities in a
timely manner;
‘‘(B) has made progress toward establish-
ing and maintaining the comprehensive home-
less assistance system in conformity with its ap-
plication under this subtitle;
‘‘(C) has carried out its activities and cer-
tifications in accordance with the requirements
of this subtitle and other applicable laws; and
‘‘(D) has a continuing capacity to carry
out its activities in a timely manner; and
‘‘(2) in the case of States distributing grant
amounts to State recipients, whether the State—
‘‘(A) has distributed amounts to State re-
cipients in a timely manner and in conformance
249
with the method of distribution described in its
application;
‘‘(B) has carried out its activities and cer-
tifications in compliance with the requirements
of this subtitle and other applicable laws; and
‘‘(C) has made such reviews and audits of
the State recipients as may be necessary or ap-
propriate to determine whether they have satis-
fied the applicable performance criteria con-
tained in paragraph (1).
The Secretary may make appropriate adjustments in the
amount of grants in accordance with the Secretary’s find-
ings under this subsection. With respect to assistance
made available for State recipients, the Secretary may ad-
just, reduce, or withdraw such assistance, or take other
action as appropriate in accordance with the Secretary’s
reviews and audits under this subsection, except that
amounts already properly expended on eligible activities
under this subtitle shall not be recaptured or deducted
from future assistance to such recipients.
‘‘SEC. 414. NONDISCRIMINATION IN PROGRAMS AND AC-
TIVITIES.
‘‘(a) IN GENERAL.—No person in the United States
shall on the ground of race, color, national origin, religion,
or sex be excluded from participation in, be denied the
250
benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds
made available under this subtitle. Any prohibition against
discrimination on the basis of age under the Age Discrimi-
nation Act of 1975 or with respect to an otherwise quali-
fied handicapped individual, as provided in section 504 of
the Rehabilitation Act of 1973, shall also apply to any
such program or activity.
‘‘(b) LIMITATIONS.—
‘‘(1) INDIAN TRIBES.—No grant may be made
under this subtitle to an Indian tribe unless the ap-
plicant provides satisfactory assurances that its pro-
gram will be conducted and administered in con-
formity with title II of Public Law 90–284. The Sec-
retary may waive, in connection with grants to In-
dian tribes, the provisions of subsection (a).
‘‘(2) HAWAIIAN HOME LANDS.—The provisions
of this subtitle relating to discrimination on the
basis of race shall not apply to the provision of as-
sistance under this subtitle to the Hawaiian Home
Lands.
‘‘SEC. 415. CONSULTATION.
‘‘In carrying out the provisions of this subtitle, in-
cluding the issuance of regulations, the Secretary shall
consult with other Federal agencies administering pro-
251
grams affecting homeless individuals and families through
the Interagency Council on the Homeless established
under title II.
‘‘SEC. 416. RECORDS, REPORTS, AND AUDITS.
‘‘(a) KEEPING OF RECORDS.—Any recipient (includ-
ing a State distributing grant amounts to State recipients
as provided in section 410(b)(2)) shall keep such records
as may be reasonably necessary—
‘‘(1) to disclose the amounts and the disposition
of the grant amounts; and
‘‘(2) to ensure compliance with the require-
ments of this subtitle.
‘‘(b) ACCESS TO DOCUMENTS BY SECRETARY.—The
Secretary shall have access for the purpose of audit and
examination to any books, documents, papers, and records
of any recipient specified in subsection (a) that are perti-
nent to grant amounts received in connection with, and
the requirements of, this subtitle.
‘‘(c) ACCESS
TO DOCUMENTS
BY COMPTROLLER
GENERAL.—The Comptroller General of the United
States, or any of the duly authorized representatives of
the Comptroller General, shall have access for the purpose
of audit and examination to any books, documents, papers,
and records of any recipient specified in subsection (a)
252
that are pertinent to grant amounts received in connection
with, and the requirements of, this subtitle.
‘‘SEC. 417. REPORTS TO CONGRESS.
‘‘The Secretary shall submit a report to the Congress
annually, summarizing the activities carried out under this
subtitle and setting forth the findings, conclusions, and
recommendations of the Secretary as a result of the activi-
ties. The report shall be submitted not later than 4
months after the end of each fiscal year (except that, in
the case of fiscal year 1995, the report shall be submitted
not later than 6 months after the end of the fiscal year).
‘‘CHAPTER 2—ELIGIBLE ACTIVITIES
‘‘SEC. 431. HOMELESSNESS PREVENTION.
‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use
grant amounts under this subtitle for activities designed
to help persons and families described in subsection (b)
avoid becoming homeless, which shall include assistance
for making mortgage payments, rental payments, and util-
ity payments and any activities other than those found by
the Secretary to be inconsistent with the purposes of this
Act.
‘‘(b) REQUIREMENTS FOR ASSISTANCE.—Assistance
may be provided under this section only to very low-income
persons and families who have received eviction (or mort-
253
gage delinquency or foreclosure) notices or notices of ter-
mination of utility services and who—
‘‘(1) are unable to make the required payments
due to a sudden reduction in income;
‘‘(2) need such assistance to avoid the eviction
or termination of services; and
‘‘(3) have a reasonable prospect of being able to
resume payments within a reasonable period of time.
‘‘SEC. 432. EMERGENCY SHELTER.
‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use
grant amounts under this subtitle for—
‘‘(1) the renovation, major rehabilitation, or
conversion of a building or buildings to be used as
emergency shelters;
‘‘(2) the provision of supportive services, if such
services do not supplant any services provided by the
local government during any part of the 12-month
period ending on the date of the commencement of
the operation of the emergency shelter; and
‘‘(3) maintenance, operation, insurance, utili-
ties, and furnishings for emergency shelters.
‘‘(b) DEFINITION.—A project shall be considered
emergency shelter for purposes of this section if the
project is designed to provide overnight sleeping accom-
modations for homeless persons. An emergency shelter
254
may include appropriate eating and cooking accommoda-
tions.
‘‘(c) PROGRAM REQUIREMENTS.—A recipient may
use grant amounts under this subtitle for an emergency
shelter project only if the project sponsor has agreed that
it will—
‘‘(1) in the case of assistance involving major
rehabilitation or conversion of a building, maintain
the building as a shelter for homeless individuals
and families for not less than a 10-year period un-
less, within such 10-year period, the need for main-
taining the building as a full-time shelter ceases to
exist and the building is used for the remainder of
such period to carry out other eligible activities
under this subtitle;
‘‘(2) in the case of assistance involving rehabili-
tation (other than major rehabilitation or conversion
of a building), maintain the building as a shelter for
homeless individuals and families for not less than
a 3-year period; or
‘‘(3) in the case of assistance involving only ac-
tivities described in paragraphs (2) and (3) of sub-
section (a), provide services or shelter to homeless
individuals and families at the original site or struc-
ture or other sites or structures serving the same
255
general population for the period during which such
assistance is provided;
‘‘(4) comply with the standards of habitability
prescribed under subsection (d) by the Secretary and
(if applicable) the State or unit of general local gov-
ernment; and
‘‘(5) assist homeless persons in obtaining—
‘‘(A) appropriate supportive service, includ-
ing permanent housing, medical and mental
health treatment, counseling, supervision, and
other services essential for achieving independ-
ent living; and
‘‘(B) other Federal, State, local, and pri-
vate assistance available for homeless persons.
‘‘(d) MINIMUM STANDARDS OF HABITABILITY.—The
Secretary shall prescribe such minimum standards of hab-
itability as the Secretary determines to be appropriate to
ensure that emergency shelters assisted under this section
are environments that provide appropriate privacy, safety,
and sanitary and other health-related conditions for home-
less persons and families. Grantees may establish stand-
ards of habitability in addition to those prescribed by the
Secretary.
256
‘‘SEC. 433. SUPPORTIVE HOUSING FOR THE HOMELESS.
‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use
grant amounts under this subtitle to provide assistance to
a project sponsor of supportive housing in the following
manners:
‘‘(1) ACQUISITION AND REHABILITATION.—As-
sistance may be provided in the form of an advance
in an amount not exceeding cost of acquisition, sub-
stantial rehabilitation, or acquisition and rehabilita-
tion of an existing structure for use as supportive
housing. The repayment of any outstanding debt
owed on a loan made to purchase an existing struc-
ture shall be considered to be a cost of acquisition
eligible for an advance under this paragraph if the
structure was not used as supportive housing before
the receipt of assistance.
‘‘(2) MODERATE REHABILITATION.—Assistance
may be provided in the form of a grant for moderate
rehabilitation of an existing structure for use as sup-
portive housing. Assistance under this paragraph
shall not preclude assistance under paragraph (1).
‘‘(3) OPERATING
COSTS.—Assistance may be
provided in the form of annual payments for operat-
ing costs of supportive housing (including supportive
housing that is newly constructed with assistance
provided from sources other than this subtitle) in an
257
amount not exceeding 75 percent of the annual oper-
ating costs of such housing.
‘‘(4) TECHNICAL
ASSISTANCE.—Technical as-
sistance may be provided in—
‘‘(A) establishing supportive housing in an
existing structure;
‘‘(B) operating supportive housing in exist-
ing structures and in structures that are newly
constructed with assistance provided from
sources other than this subtitle; and
‘‘(C) providing supportive services to the
residents of supportive housing (including sup-
portive housing that is newly constructed with
assistance provided from sources other than
this subtitle).
‘‘(5) EMPLOYMENT
ASSISTANCE
PROGRAM.—
Assistance may be provided in the form of a grant
for establishing and operating an employment assist-
ance program for the residents of supportive hous-
ing, which shall include—
‘‘(A) employment of residents in the oper-
ation and maintenance of the housing; and
‘‘(B) the payment of the transportation
costs of residents to places of employment.
258
‘‘(6) SUPPORTIVE SERVICES.—Assistance may
be provided in the form of a grant for costs of sup-
portive services provided to homeless individuals.
Any project sponsor, including program recipients
under title IV of this Act before the date of the en-
actment of the Housing and Community Develop-
ment Act of 1994, may reapply for such assistance
or for the renewal of such assistance to continue
services funded under prior grants or to provide
other services.
‘‘(7) CHILD CARE SERVICES.—Assistance may
be provided in the form of a grant to establish and
operate a child care services program for homeless
families, which shall—
‘‘(A) include—
‘‘(i) establishing, licensing, and oper-
ating an onsite child care facility for the
residents of transitional housing;
‘‘(ii) making contributions for the
child care costs of residents of transitional
housing to existing community child care
programs and facilities; and
‘‘(iii) counseling designed to inform
the residents of transitional housing of
259
public and private child care services for
which they are eligible; and
‘‘(B) provide only child care services that
comply with any applicable State and local laws
and regulations.
A grant under this paragraph for any child care
services program may not exceed the amount equal
to 75 percent of the cost of operating the program
for a period not exceeding 5 years.
‘‘(b) SUPPORTIVE HOUSING.—Housing for homeless
individuals shall be considered to be supportive housing
for purposes of this section if—
‘‘(1) the housing is safe and sanitary and meets
any applicable State and local housing codes and li-
censing requirements in the jurisdiction in which the
housing is located;
‘‘(2) the housing is—
‘‘(A) transitional housing;
‘‘(B) permanent housing for homeless per-
sons with disabilities; or
‘‘(C) a particularly innovative project for,
or alternative methods of, meeting the imme-
diate and long-term needs of homeless individ-
uals and families (or is part of such a project);
and
260
‘‘(3) supportive services are provided in connec-
tion with the housing to address the special needs of
homeless individuals intended to be served by the
housing.
‘‘(c) TRANSITIONAL HOUSING.—For purposes of this
section, the term ‘transitional housing’ means housing, the
purpose of which is to facilitate the movement of homeless
individuals and families to permanent housing within 24
months or such longer period as the Secretary determines
necessary.
‘‘(d) PERMANENT HOUSING FOR HOMELESS PER-
SONS WITH DISABILITIES.—For purposes of this section,
the term ‘permanent housing for homeless persons with
disabilities’ means community-based housing for homeless
persons with disabilities that—
‘‘(1) is a home designed solely for housing
homeless persons with disabilities or dwelling units
in a multifamily housing project, condominium
project, or cooperative project;
‘‘(2) in the case of a home, is located on a site
that does not contain another home used for the
same purposes and that is not contiguous to another
site containing a home used for the same purposes;
and
261
‘‘(3) provides long-term housing and supportive
services for not more than—
‘‘(A) 8 such persons in a single structure
or contiguous structures;
‘‘(B) 16 such persons, but only if not more
than 20 percent of the units in a structure are
designated for such persons; or
‘‘(C) more than 16 persons if the applicant
demonstrates that local market conditions dic-
tate the development of a large project and
such development will achieve the neighborhood
integration objectives of the program within the
context of the affected community.
‘‘(e) PROGRAM REQUIREMENTS.—
‘‘(1) REQUIRED
AGREEMENTS.—A recipient
may use grant amounts under this subtitle for a
supportive housing project under this section only if
the project sponsor for the project has agreed—
‘‘(A) to operate the proposed project as
supportive housing for not less than 10 years;
‘‘(B) to conduct an ongoing assessment of
the supportive services required by the residents
of the project;
‘‘(C) to provide such residential supervision
as the Secretary determines is necessary to fa-
262
cilitate the adequate provision of supportive
services to the residents of the project; and
‘‘(D) to comply with such other terms and
conditions as the Secretary or recipient may es-
tablish for purposes of carrying out this pro-
gram in an effective and efficient manner.
‘‘(2) OCCUPANT CHARGE.—Each homeless indi-
vidual or family residing in a project assisted under
this section that provides supportive housing may be
required to pay an occupancy charge in an amount
determined by the project sponsor, which may not
exceed the amount determined under section 3(a) of
the United States Housing Act of 1937. Occupancy
charges paid may be reserved, in whole or in part,
to assist residents in moving to permanent housing.
‘‘(f) SINGLE ROOM OCCUPANCY DWELLINGS.—A
project assisted under this section may provide supportive
housing or supportive services in dwelling units that do
not contain bathrooms or kitchen facilities and are appro-
priate for use as supportive housing or in projects contain-
ing some or all such dwelling units.
‘‘SEC. 434. SAFE HAVENS FOR HOMELESS INDIVIDUALS.
‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use
grant amounts under this subtitle for—
263
‘‘(1) the construction of a structure for use in
providing a safe haven or the acquisition, rehabilita-
tion, or acquisition and rehabilitation of an existing
structure for use in providing a safe haven;
‘‘(2) the leasing of an existing structure for use
in providing a safe haven;
‘‘(3) operating costs of a safe haven;
‘‘(4) costs of administering a safe haven pro-
gram, in an amount not exceeding 10 percent of the
amounts made available for activities under para-
graphs (1) through (3);
‘‘(5) conducting outreach activities designed to
inform eligible persons about and attract them to a
safe haven program;
‘‘(6) the provision of low-demand services and
referrals for residents of a safe haven; and
‘‘(7) conducting other activities that further the
purposes of this section, including the modification
of an existing facility to use a portion of a facility
to provide a safe haven.
‘‘(b) DEFINITION.—For purposes of this section, the
term ‘safe haven’ means housing for homeless persons
who, at the time, are unwilling or unable to participate
in mental health treatment programs or to receive other
supportive services. Such a facility may provide—
264
‘‘(1) 24-hour residence for eligible persons who
may reside for an unspecified duration;
‘‘(2) private or semiprivate accommodations;
‘‘(3) common use of kitchen facilities, dining
rooms, and bathrooms;
‘‘(4) supportive services to eligible persons who
are not residents on a drop-in basis; and
‘‘(5) overnight occupancy limited to no more
than 25 persons.
‘‘SEC. 435. SHELTER PLUS CARE.
‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use
grant amounts under this subtitle to provide shelter plus
care for homeless persons with disabilities (primarily per-
sons who have severe and persistent mental or emotional
impairments that seriously limit a person’s ability to live
independently, have chronic programs with alcohol, drugs,
or both, or have acquired immunodeficiency syndrome and
related diseases) and the families of such persons.
‘‘(b) DEFINITION.—For purposes of this section, the
term ‘shelter plus care’ means rental housing assistance,
in connection with supportive services funded from sources
other than under this section. Such rental housing assist-
ance may be tenant-based, project-based, or sponsor-
based.
265
‘‘SEC. 436. ADMINISTRATIVE AND CAPACITY-BUILDING EX-
PENSES.
‘‘(a) AVAILABILITY OF GRANT AMOUNTS.—A recipi-
ent may use grant amounts under this subtitle for the fol-
lowing expenses:
‘‘(1) ADMINISTRATIVE EXPENSES.—During—
‘‘(A) the first year in which a recipient re-
ceives grant amounts under this subtitle, for
administrative expenses in connection with
planning the development of, and establishing,
its program under this subtitle;
‘‘(B) subsequent years, to defray the cost
of administering the program; and
‘‘(C) any year in which a recipient receives
grant amounts under this subtitle, to defray the
cost of establishing and operating the board re-
ferred to in section 411(b).
Not more than 5 percent of any amounts provided
to a recipient under this subtitle for a fiscal year
may be used for activities under this paragraph.
‘‘(2) CAPACITY BUILDING FOR NONPROFIT OR-
GANIZATIONS.—For building the capacity of private
nonprofit organizations to participate in the com-
prehensive homeless assistance system of the recipi-
ent, except that not more than 2 percent of any
amounts provided to a recipient under this subtitle
266
for a fiscal year may be used for activities under this
paragraph.
‘‘(b) PROVISION OF ADMINISTRATIVE EXPENSES FOR
CERTAIN ENTITIES.—
‘‘(1) PROVISION OF AMOUNTS.—Any recipient
under paragraph (2) shall make available, to defray
the administrative expenses of the designee or the
State, not more than 5 percent from amounts eligi-
ble for this purpose under subsection (a)(1).
‘‘(2) RECIPIENTS
COVERED.—The recipients
under this paragraph shall be—
‘‘(A) any allocation unit of general local
government, Indian Tribe, or insular area, that
designates a public agency or a private non-
profit organization under section 410(a)(2);
‘‘(B) any State recipient that designates a
public agency or a private nonprofit organiza-
tion under section 410(b)(3)(A)(ii); and
‘‘(C) any State recipient that enters into
an agreement under section 410(b)(3)(A)(iii)
with a State.
‘‘SEC. 437. INNOVATIVE HOMELESS INITIATIVES.
‘‘(a) ELIGIBLE ACTIVITIES.—A recipient may use
grant amounts under this subtitle for—
267
‘‘(1) establishing innovative programs to dem-
onstrate methods of undertaking comprehensive
strategies for assisting homeless individuals and
families (including homeless individuals who have
the disease of acquired immunodeficiency syndrome
or who are infected with HIV), through cooperative
efforts in partnership with other levels of govern-
ment and the private sector (including nonprofit or-
ganizations, foundations, and communities) and
through a variety of activities, including the coordi-
nation of efforts and the filling of gaps in available
services and resources; and
‘‘(2) to obtain technical assistance in establish-
ing a program for providing homeless assistance in
accordance with the provisions of this subtitle, ex-
cept that not more than 10 percent of the amount
provided to a recipient under this subtitle for a fiscal
year may be used under this paragraph.
‘‘(b) REQUIREMENTS.—A recipient may use grant
amounts to establish an innovative program under sub-
section (a)(1) only if—
‘‘(1) the existing public and private systems for
homelessness prevention, outreach, assessment, shel-
ter, services, transitional services, transitional hous-
ing, and permanent housing available within the ju-
268
risdiction of the recipient would benefit from addi-
tional resources to achieve a comprehensive ap-
proach to meeting the needs of individuals and fami-
lies who are homeless, or who are very low-income
and at risk of homelessness;
‘‘(2) the recipient works cooperatively with the
Department of Housing and Urban Development,
nonprofit organizations, foundations, other private
entities, and the community, to the extent feasible,
to design and implement the program; and
‘‘(3) the recipient obtains a commitment from
the jurisdiction to make necessary changes in policy
and procedure to provide sufficient flexibility and re-
sources as necessary to implement and sustain the
program.
‘‘SEC. 438. OTHER APPROVED ACTIVITIES.
‘‘The Secretary, in cooperation with grantees, recipi-
ents, and other appropriate parties, shall develop addi-
tional activities to carry out the purposes of this subtitle.
A recipient may use grants amounts under this subtitle
to carry out any such activities developed and approved
by the Secretary.