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availability of child immunization), coun-
seling, supervision, veterans benefits, and
other services essential for achieving inde-
pendent living; and
‘‘(ii) other Federal, State, local, and
private assistance available for homeless
persons.
‘‘Subtitle D—Reporting,
Definitions, and Funding
‘‘SEC. 431. PERFORMANCE REPORTS BY GRANTEES.
‘‘(a) REQUIREMENT.—For each fiscal year, each
grantee under this title shall review and report, in a form
acceptable to the Secretary, on the progress it has made
during such fiscal year in carrying out the activities de-
scribed in the application resulting in such grant and the
relationship of such activities to the comprehensive hous-
ing affordability strategy under section 105 of the Cran-
ston-Gonzalez National Affordable Housing Act for the
applicable jurisdiction.
‘‘(b) CONTENT.—Each report under this section for
a fiscal year shall—
‘‘(1) describe the use of grant amounts provided
to the grantee for such fiscal year;
‘‘(2) to the extent practicable until the develop-
ment of a reasonable methodology by the Secretary
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and the Interagency Council on the Homeless, de-
scribe the number of homeless persons and families,
including populations with special needs provided
shelter, housing, or assistance using such grant
amounts;
‘‘(3) assess the relationship of such use to the
goals identified pursuant to section 105(b)(2) of the
Cranston-Gonzalez National Affordable Housing Act
in the comprehensive housing affordability strategy
for the applicable jurisdiction;
‘‘(4) indicate the grantee’s programmatic ac-
complishments;
‘‘(5) describe how the grantee would change its
programs as a result of its experiences; and
‘‘(6) describe any delays that occurred in the
start up of programs and the reason for each delay.
‘‘(c) SUBMISSION.—The Secretary shall establish
dates for submission of reports under this section and re-
view such reports and make such recommendations as the
Secretary considers appropriate to carry out the purposes
of this title. The Secretary may withhold or reallocate
funds granted to a grantee if the Secretary finds that the
grantee has complied with applicable program require-
ments, but not substantially complied with the application
that the grantee submitted to obtain such funds.
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‘‘(d) PUBLIC AVAILABILITY.—
‘‘(1) IN GENERAL.—A grantee preparing a re-
port under this section shall make the report pub-
licly available to the citizens in the jurisdiction of
the grantee in sufficient time to permit such citizens
to comment on such report prior to its submission
to the Secretary, and in such manner and at such
times as the grantee may determine. The report
shall include a summary of any such comments re-
ceived by the grantee regarding its program.
‘‘(2) ELECTRONIC
ACCESS.—A grantee may
comply with the requirement under paragraph (1) by
making the report available through interactive com-
puter or telephone services or other electronic infor-
mation networks and systems appropriate for mak-
ing such information widely publicly available. The
Secretary shall make each final report submitted
under this section publicly available through such a
computer, telephone, or information service, net-
work, or system.
‘‘(e) AUTHORITY
OF SECRETARY.—The Secretary
shall establish procedures appropriate and practicable for
providing a fair hearing and timely resolution of citizen
complaints related to performance reports under this sec-
tion.
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‘‘SEC. 432. ANNUAL REPORT BY SECRETARY.
‘‘The Secretary shall include in the annual report,
under section 8 of the Department of Housing and Urban
Development Act, information summarizing the activities
carried out under this title and setting forth the findings,
conclusions, and recommendations of the Secretary as a
result of the activities. Such information shall be made
publicly available through interactive computer or tele-
phone services or other electronic information networks
and systems appropriate for making such information
widely available to the public.
‘‘SEC. 433. DEFINITIONS.
‘‘For purposes of this title, the following definitions
shall apply:
‘‘(1) APPLICANT.—The term ‘applicant’ means
an eligible grantee that submits an application under
section 408(a) for a grant under this title.
‘‘(2) ELIGIBLE GRANTEE.—The term ‘eligible
grantee’ is defined in section 403.
‘‘(3) FACILITY.—The term ‘facility’ means a
structure or structures (or a portion of such struc-
ture or structures) that are assisted through eligible
activities under subtitle C with grant amounts under
this title (or for which the Secretary provides tech-
nical assistance under section 421(a)(9)).
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‘‘(4) GRANTEE.—The term ‘grantee’ means an
applicant that receives a grant under this title.
‘‘(5) INSULAR AREA.—The term ‘insular area’
means each of the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and any
other territory or possession of the United States.
‘‘(6) METROPOLITAN CITY, CONSORTIUM.—The
term ‘metropolitan city’ has the meaning given that
term in section 102 of the Housing and Community
Development Act of 1974. A consortium of units of
general local governments shall be considered to be
a metropolitan city—
‘‘(A) for amounts allocated in accordance
with section 406(c)(3), only if the consortium
received a formula grant for fiscal year 1996 or
1997 under subtitle B of this title, as then in
effect; and
‘‘(B) for amounts allocated in accordance
with any formula developed pursuant to section
406(c)(5), only if the Secretary determines that
the consortium—
‘‘(i)(I) is comprised of units of general
local government which are geographically
contiguous (which may include all units of
general local government within a State);
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‘‘(II) has sufficient authority and ad-
ministrative capability to carry out the
purposes of this title on behalf of its mem-
ber jurisdictions; and
‘‘(III) will, according to a written cer-
tification by the State (or States, if the
consortium includes jurisdictions in more
than one State) in which its member juris-
dictions are located, direct its activities to
alleviation of homelessness problems within
the State (or States); or
‘‘(ii) received a formula grant for fis-
cal year 1996 or 1997 under subtitle B of
this title, as then in effect.
‘‘(7) NONENTITLEMENT AREA.—The term ‘non-
entitlement area’ means an area that is not a metro-
politan city or part of an urban county and does not
include Indian tribes or insular areas.
‘‘(8) OPERATING COSTS.—The term ‘operating
costs’ means expenses incurred by a grantee operat-
ing supportive housing assisted with grant amounts
under this title, with respect to—
‘‘(A) the administration, maintenance, re-
pair, and security of such housing;
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‘‘(B) utilities, fuel, furnishings, and equip-
ment for such housing; and
‘‘(C) the conducting of the assessment
under section 408(b)(2).
‘‘(9) OUTPATIENT
HEALTH
SERVICES.—The
term ‘outpatient health services’ means outpatient
health care, outpatient mental health services, out-
patient substance abuse services, and case manage-
ment.
‘‘(10) PERSON WITH DISABILITIES.—The term
‘person with disabilities’ means a person who—
‘‘(A) has a disability as defined in section
223 of the Social Security Act;
‘‘(B) is determined to have, pursuant to
regulations issued by the Secretary, a physical,
mental, or emotional impairment which (i) is
expected to be of long-continued and indefinite
duration, (ii) substantially impedes an individ-
ual’s ability to live independently, and (iii) is of
such a nature that such ability could be im-
proved by more suitable housing conditions; or
‘‘(C) has a developmental disability as de-
fined in section 102 of the Developmental Dis-
abilities Assistance and Bill of Rights Act.
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Such term shall not exclude persons who have the
disease of acquired immunodeficiency syndrome or
any conditions arising from the etiologic agent for
acquired immunodeficiency syndrome.
‘‘(11) PRIVATE
NONPROFIT
ORGANIZATION.—
The term ‘private nonprofit organization’ means any
private organization that—
‘‘(A) is organized under State or local
laws;
‘‘(B) has no part of its net earnings inur-
ing to the benefit of any member, founder, con-
tributor, or individual;
‘‘(C) complies with standards of financial
accountability acceptable to the Secretary; and
‘‘(D) has among its purposes significant
activities related to the provision of—
‘‘(i) decent housing that is affordable
to low-income and moderate-income fami-
lies; or
‘‘(ii) shelter, housing, or services for
homeless persons or families or for persons
or families at risk of becoming homeless.
‘‘(12) PROJECT SPONSOR.—The term ‘project
sponsor’ means an entity that uses grant amounts
under this title to carry out a permanent housing
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development program under subtitle B or eligible ac-
tivities under subtitle C. The term includes a grant-
ee carrying out such a program or activities.
‘‘(13) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Housing and Urban Develop-
ment.
‘‘(14) STATE.—The term ‘State’ means each of
the several States and the Commonwealth of Puerto
Rico.
‘‘(15) SUPPORTIVE HOUSING.—The term ‘sup-
portive housing’ means a facility that meets the re-
quirements of section 423.
‘‘(16) SUPPORTIVE SERVICES.—The term ‘sup-
portive services’ means services under section 409.
‘‘(17) URBAN
COUNTY, UNIT
OF
GENERAL
LOCAL
GOVERNMENT.—The terms ‘urban county’
and ‘unit of general local government’ have the
meanings given the terms in section 102 of the
Housing and Community Development Act of 1974.
‘‘(18) VERY LOW-INCOME FAMILIES.—The term
‘very low-income families’ has the same meaning
given the term under section 3(b) of the United
States Housing Act of 1937 (or any other subse-
quent provision of Federal law defining such term
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for purposes of eligibility for, or rental charges in,
public housing).
‘‘SEC. 434. REGULATIONS.
‘‘(a) ISSUANCE.—Not later than the expiration of the
30-day period beginning upon the date of the enactment
of the Homeless Housing Programs Consolidation and
Flexibility Act, the Secretary shall issue interim regula-
tions to carry out this title. The Secretary shall issue final
regulations to carry out this title after notice and oppor-
tunity for public comment regarding the interim regula-
tions in accordance with the procedure under section 553
of title 5, United States Code, applicable to substantive
rules (notwithstanding subsections (a)(2), (b)(B), and
(d)(3) of such section), but not later than the expiration
of the 90-day period beginning upon the date of the enact-
ment of the Homeless Housing Programs Consolidation
and Flexibility Act.
‘‘(b) RULE OF CONSTRUCTION.—Any failure by the
Secretary to issue any regulations under this section shall
not affect the effectiveness of any provision of this title
pursuant to section 4(b) of the Homeless Housing Pro-
grams Consolidation and Flexibility Act.
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‘‘SEC. 435. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated for grants under this title $1,000,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, and 2002.
‘‘(b) PROHIBITION ON SET ASIDES.—Notwithstand-
ing any other provision of law, any attempt to put any
restriction on the use of funds appropriated for this title
(such as for use in special projects) shall be considered
an appropriation without authorization and shall be with-
out force or effect.’’.
(b) APPLICABILITY.—The provisions of the amend-
ment made by subsection (a) shall apply with respect to
fiscal year 1998 and each fiscal year thereafter.
SEC. 6. INTERAGENCY COUNCIL ON THE HOMELESS.
(a) CHAIRPERSON AND VICE CHAIRPERSON.—Sec-
tion 202(b) of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11312(b) is amended to read as fol-
lows:
‘‘(b) CHAIRPERSON AND VICE CHAIRPERSON.—
‘‘(1) CHAIRPERSON.—The Council shall elect a
Chairperson from among its members, who shall
have a term of 2 years. A member of the Council by
reason of any of paragraphs (1) through (16) of
subsection (a) who serves as Chairperson for a term
may not be elected to serve as Chairperson for the
succeeding term. The preceding sentence shall not
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apply to any member serving as Chairperson on the
date of the enactment of the Homeless Housing Pro-
grams Consolidation and Flexibility Act.
‘‘(2) VICE
CHAIRPERSON.—The Vice Chair-
person of the Council shall have a term of 2 years
and shall be—
‘‘(A) the Secretary of Housing and Urban
Development, if such Secretary is not elected as
the Chairperson of the Council; or
‘‘(B) elected by the Council from among its
members, if the Secretary of Housing and
Urban Development is elected as the Chair-
person of the Council.
‘‘(3) Notwithstanding paragraphs (1) and (2),
the first Chairperson elected after the date of the
enactment of the Homeless Housing Programs Con-
solidation and Flexibility Act may not be the Sec-
retary of Housing and Urban Development.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
208 of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11318) is amended to read as follows:
‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
‘‘Of any amounts made available in any fiscal year
to carry out this Act, 0.0012 of such amounts shall be
available to carry out this title.’’.
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(c) TERMINATION.—Section 209 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11319) is
amended by striking ‘‘October 1, 1994’’ and inserting
‘‘October 1, 2002’’.
(d) REPEAL.—Section 210 of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11320) is hereby
repealed.
SEC. 7. INVENTORY OF FEDERAL FACILITIES SUITABLE
FOR OVERNIGHT SHELTER FOR HOMELESS
PERSONS.
(a) IDENTIFICATION.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall request, from the
head of each executive agency, information that identifies
each covered facility (or any parts thereof) under the con-
trol of the executive agency that is suitable for use as tem-
porary overnight shelter for homeless persons.
(b) CONSULTATION.—At the request of the head of
any executive agency, the Secretary shall consult with such
agency head regarding whether facilities of the agency, or
a particular facility or facilities, are covered facilities or
are suitable for use as temporary overnight shelter for
homeless persons.
(c) COMPILATION
AND PUBLICATION.—Not later
than 60 days after the date of the enactment of this Act,
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the Secretary shall compile the information submitted pur-
suant to subsection (a) and cause the compiled informa-
tion to be published in the Federal Register a list of all
covered facilities identified as suitable for use as tem-
porary overnight shelter for homeless persons.
(d) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
(1) COVERED
FACILITY.—The term ‘‘covered
facility’’ means any building, structure, land, or
other real property that, in the determination of the
head of the Federal agency having control of the
property, using standards that shall be established
by the Secretary, reasonably could be made available
for the use described in subsection (a) without sub-
stantial conflict with any other existing, expected, or
potential use of the property to carry out the mis-
sion of the agency.
(2) EXECUTIVE AGENCY.—The term ‘‘executive
agency’’ has the meaning given such term in section
105 of title 5, United States Code.
(3) HOMELESS PERSON.—The term ‘‘homeless
person’’ has the meaning given such term in section
102 of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11302).
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(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
SEC. 8. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions of law are
hereby repealed:
(1) INNOVATIVE HOMELESS INITIATIVES DEM-
ONSTRATION.—Section 2 of the HUD Demonstra-
tion Act of 1993 (42 U.S.C. 11301 note).
(2) FHA SINGLE FAMILY PROPERTY DISPOSI-
TION
FOR
HOMELESS
USE.—Section 1407 of the
Housing and Community Development Act of 1992
(Public Law 102–550; 106 Stat. 4034).
(3) HOUSING FOR RURAL HOMELESS AND MI-
GRANT
FARMWORKERS.—Subsection (k) of section
516 of the Housing Act of 1949 (42 U.S.C.
1486(k)).
(b) TERMINATION OF SRO ASSISTANCE PROGRAM.—
Section 8(e)(2) of the United States Housing Act of 1937
shall not be in effect on or after the date of the enactment
of this Act as provided in subsections (a)(4) and (b)(2)
of section 289 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12839).
(c) CONFORMING AMENDMENTS
TO YOUTHBUILD
PROGRAM.—Title IV of the Cranston-Gonzalez National
Affordable Housing Act is amended—
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(1) in section 455(b) (42 U.S.C. 12899d(b)) by
inserting ‘‘subtitle C of’’ before ‘‘title IV’’; and
(2) in section 457(4) (42 U.S.C. 12899f(4)), by
striking ‘‘section 103’’ and inserting ‘‘section 102’’.
(d) CLERICAL AMENDMENT.—The table of contents
in section 101(b) of the Stewart B. McKinney Homeless
Assistance Act is amended by striking the items relating
to titles I, II, III, and IV (including the items relating
to the subtitles, parts, and sections of such titles) and in-
serting the following new items:
‘‘TITLE I—GENERAL PROVISIONS
‘‘Sec. 101. Short title and table of contents.
‘‘Sec. 102. General definition of homeless individual.
‘‘Sec. 103. Funding availability and limitations.
‘‘Sec. 104. Annual program summary by Comptroller General.
‘‘TITLE II—INTERAGENCY COUNCIL ON THE HOMELESS
‘‘Sec. 201. Establishment.
‘‘Sec. 202. Membership.
‘‘Sec. 203. Functions.
‘‘Sec. 204. Director and staff.
‘‘Sec. 205. Powers.
‘‘Sec. 206. Transfer of functions.
‘‘Sec. 207. Definitions.
‘‘Sec. 208. Authorization of appropriations.
‘‘Sec. 209. Termination.
‘‘TITLE III—FEDERAL EMERGENCY MANAGEMENT FOOD AND
SHELTER PROGRAM
‘‘Subtitle A—Administrative Provisions
‘‘Sec. 301. Emergency Food and Shelter Program National Board.
‘‘Sec. 302. Local boards.
‘‘Sec. 303. Role of Federal Emergency Management Agency.
‘‘Sec. 304. Records and audit of National Board and grantees of assistance.
‘‘Sec. 305. Annual report.
‘‘Subtitle B—Emergency Food and Shelter Grants
‘‘Sec. 311. Grants by the Director.
‘‘Sec. 312. Retention of interest earned.
‘‘Sec. 313. Purposes of grants.
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‘‘Sec. 314. Limitation on certain costs.
‘‘Sec. 315. Disbursement of funds.
‘‘Sec. 316. Program guidelines.
‘‘Subtitle C—General Provisions
‘‘Sec. 321. Definitions.
‘‘Sec. 322. Authorization of appropriations.
‘‘TITLE IV—PERMANENT HOUSING DEVELOPMENT AND
FLEXIBLE BLOCK GRANT HOMELESS ASSISTANCE PROGRAM
‘‘Subtitle A—General Provisions
‘‘Sec. 401. Purpose; performance measures.
‘‘Sec. 402. Grant authority.
‘‘Sec. 403. Eligible grantees.
‘‘Sec. 404. Use of project sponsors.
‘‘Sec. 405. Comprehensive housing affordability strategy compliance.
‘‘Sec. 406. Allocation and availability of amounts.
‘‘Sec. 407. Matching funds requirement.
‘‘Sec. 408. Program requirements.
‘‘Sec. 409. Supportive services.
‘‘Sec. 410. Nondiscrimination in programs and activities.
‘‘Subtitle B—Permanent Housing Development Activities
‘‘Sec. 411. Use of amounts and general requirements.
‘‘Sec. 412. Permanent housing development.
‘‘Subtitle C—Flexible Block Grant Homeless Assistance
‘‘Sec. 421. Eligible activities.
‘‘Sec. 422. Use of amounts through private nonprofit providers.
‘‘Sec. 423. Supportive housing.
‘‘Sec. 424. Emergency shelter.
‘‘Subtitle D—Reporting, Definitions, and Funding
‘‘Sec. 431. Performance reports by grantees.
‘‘Sec. 432. Annual report by Secretary.
‘‘Sec. 433. Definitions.
‘‘Sec. 434. Regulations.
‘‘Sec. 435. Authorization of appropriations.’’.
SEC. 9. SAVINGS PROVISION.
Nothing in this Act may be construed to affect the
validity of any right, duty, or obligation of the United
States or other person arising under or pursuant to any
commitment or agreement entered into before the date of
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the enactment of this Act under any provision of law re-
pealed or amended by this Act.
SEC. 
10. 
TREATMENT 
OF 
PREVIOUSLY 
OBLIGATED
AMOUNTS.
Notwithstanding the amendment or repeal of any
provision of law by this Act, any amounts appropriated
to carry out the provisions so amended or repealed that
are obligated before the date of the enactment of this Act
shall be used in the manner provided, and subject to any
requirements and agreements entered into, under such
provisions as such provisions were in effect immediately
before such date of enactment.
Passed the House of Representatives March 3,
1998.
Attest:
ROBIN H. CARLE,
Clerk.