‘‘(i) IN
GENERAL.—Notwithstanding
any other provision of law, in any fiscal
year in which block grants are to be pro-
vided in accordance with subparagraph
(A), there shall be available for such block
grants, of the amount made available for
such fiscal year for each activity referred
to in paragraph (4), 10 percent of such
amount, as determined by the Secretary
and the Interagency Council on the Home-
less.
‘‘(ii) 
LIMITATION.—Notwithstanding
clause (i), the aggregate amount available
for companion services block grants under
this paragraph for a fiscal year shall not
exceed the total amount made available
pursuant to section 435 for housing assist-
ance under this title. If, for any fiscal year,
the amount determined under clause (i) ex-
ceeds such amount, the Secretary shall re-
duce the percentage under clause (i) for
such year so that the aggregate amount
made available for companion services
block grants under this paragraph from
the amounts for each activity referred to in
paragraph (4) is equal to the total amount
made available pursuant to section 435 for
housing assistance under this title.
‘‘(D) TRANSFER
AUTHORITY.—Except to
the extent that the authority of the Secretary
and the Chairperson of the Interagency Council
on the Homeless is limited by appropriations,
and with the concurrence of the head of the af-
fected agency and upon advance approval of the
Committees on Appropriations and the author-
izing committees of the House of Representa-
tives and the Senate, the Secretary and the
Chairperson of the Interagency Council on the
Homeless shall transfer funds made available
under subparagraph (C) to the companion serv-
ices block grant for federally funded activities,
functions, or programs for the homeless.
‘‘(E) REPORT.—Not later than the first
quarter of the first full fiscal year after the
date of the enactment of the Homeless Housing
Programs Consolidation and Flexibility Act and
each quarter thereafter, the Secretary and the
Chairperson of the Interagency Council on the
Homeless shall report to Congress on—
‘‘(i) the need for any reprogramming
or transfer of funds appropriated for feder-
ally funded activities, functions, or pro-
grams for the homeless; and
‘‘(ii) any funds appropriated for feder-
ally funded activities, functions, or pro-
grams for the homeless that were repro-
grammed or transferred during the quarter
covered by the report.
‘‘(n) CONSULTATION REGARDING USE OF NATIONAL
GUARD FACILITIES AS HOMELESS SHELTERS.—The Sec-
retary may not provide a grant for a fiscal year from
amounts for such year allocated under section 406(c) for
use under subtitle C for a State unless the State has con-
sulted with the Secretary regarding the possibility of mak-
ing any space at National Guard facilities under the juris-
diction of the State available, during such fiscal year, for
use by homeless organizations to provide shelter to home-
less persons, but only at the times that such space is not
actively being used for National Guard purposes or other
public purposes already undertaken.
‘‘SEC. 409. SUPPORTIVE SERVICES.
‘‘(a) REQUIREMENT.—To the extent allowed by this
title, each project sponsor administering permanent hous-
ing development assistance provided with amounts under
this title or a supportive housing facility or emergency
shelter assisted with such amounts shall provide support-
ive services for residents of the dwelling units or facility
or shelter assisted. The array of supportive services pro-
vided may be designed by the grantee or the project spon-
sor administering the assistance, facility, or shelter. A
project sponsor administering a supportive housing facility
shall provide supportive services for other homeless per-
sons using the facility.
‘‘(b) TARGETING
POPULATIONS
WITH
SPECIAL
NEEDS.—Supportive 
services 
provided 
with 
grant
amounts under this title shall address the special needs
of homeless persons (such as homeless persons with
disabilities, homeless persons with acquired immuno-
deficiency syndrome and related diseases, homeless per-
sons who have chronic problems with alcohol or drugs (or
both), veterans who are homeless, and homeless families
with children) intended to be served.
‘‘(c) SERVICES.—Supportive services may include ac-
tivities such as—
‘‘(1) establishing and operating a child care
services program for homeless families;
‘‘(2) establishing and operating an employment
assistance program;
‘‘(3) providing outpatient health services, food,
and case management;
‘‘(4) providing assistance in obtaining perma-
nent housing, employment counseling, and nutri-
tional counseling;
‘‘(5) providing security arrangements necessary
for the protection of residents of supportive housing
or emergency shelters and for homeless persons
using supportive housing facilities;
‘‘(6) providing assistance in obtaining other
Federal, State, and local assistance available for
such residents and persons (including mental health
benefits, employment counseling, and medical assist-
ance, but not including major medical equipment);
‘‘(7) employment assistance programs with an
emphasis on on-the-job training programs which re-
sult in improved, long-term employability and in-
creased earnings for homeless persons; and
‘‘(8) providing other appropriate services.
‘‘(d) PROVISION OF SERVICES.—Supportive services
provided with grant amounts under this title may be pro-
vided directly by the grantee, by the project sponsor ad-
ministering the permanent housing development assist-
ance or the facility or shelter, or by contract with other
public or private service providers. Such services provided
in connection with a supportive housing facility may be
provided to homeless persons who do not reside in the sup-
portive housing, but only to the extent consistent with the
comprehensive housing affordability strategy under sec-
tion 105 of the Cranston-Gonzalez National Affordable
Housing Act for the applicable jurisdiction.
‘‘SEC. 410. NONDISCRIMINATION IN PROGRAMS AND AC-
TIVITIES.
‘‘No person in the United States shall, on the basis
of race, color, national origin, religion, or sex, be excluded
from participation in, be denied the benefits of, or be sub-
jected 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 Discrimination Act of
1975 or with respect to an otherwise qualified handi-
capped individual, as provided in section 504 of the Reha-
bilitation Act of 1973, shall also apply to any such pro-
gram or activity.
‘‘Subtitle B—Permanent Housing
Development Activities
‘‘SEC. 411. USE OF AMOUNTS AND GENERAL REQUIRE-
MENTS.
‘‘(a) USE OF AMOUNTS FOR PERMANENT HOUSING
DEVELOPMENT.—
lated diseases, homeless persons who have chronic prob-
lems with alcohol or drugs (or both), homeless families
with children, and veterans who are homeless.
‘‘SEC. 412. PERMANENT HOUSING DEVELOPMENT.
‘‘(a) IN GENERAL.—Housing shall be considered per-
manent housing for purposes of this title if the housing—
‘‘(1) provides long-term housing for homeless
persons;
‘‘(2) complies with any applicable State and
local housing codes, licensing requirements, or other
requirement in the jurisdiction in which the housing
is located, including any applicable State or local re-
quirements regarding the number of occupants in
such a facility; and
‘‘(3) complies with the requirement under sec-
tion 409(a) regarding providing supportive services
for homeless persons.
‘‘(b) CLARIFICATION.—Permanent housing may—
‘‘(1) be restricted for occupancy by homeless
persons with disabilities;
‘‘(2) consist of or contain full dwelling units or
dwelling units that do not contain bathrooms or
kitchen facilities; and
‘‘(3) be provided in the form of rental housing,
cooperative housing, shared living arrangements, sin-
gle family housing, or other types of housing ar-
rangements.
‘‘Subtitle C—Flexible Block Grant
Homeless Assistance
‘‘SEC. 421. ELIGIBLE ACTIVITIES.
‘‘(a) IN GENERAL.—Grant amounts allocated for use
under this subtitle may be used only for carrying out the
following activities:
‘‘(1) ACQUISITION
AND
REHABILITATION
OF
SUPPORTIVE HOUSING.—For acquisition or rehabili-
tation of an existing structure (including a small
commercial property or office space) to provide sup-
portive housing other than emergency shelter or to
provide supportive services; the repayment of any
outstanding debt owed on a loan made to purchase
an existing structure for use as supportive housing
shall be considered to be a cost of acquisition under
this paragraph if the structure was not used as sup-
portive housing or to provide supportive services, be-
fore assistance is provided using grant amounts.
‘‘(2) NEW
CONSTRUCTION
OF
SUPPORTIVE
HOUSING.—For new construction of a structure to
be used as supportive housing.
‘‘(3) LEASING OF SUPPORTIVE HOUSING.—For
leasing of an existing structure or structures, or por-
tions thereof, to provide supportive housing or sup-
portive services during the period covered by the ap-
plication.
‘‘(4) OPERATING
COSTS
FOR
SUPPORTIVE
HOUSING.—For covering operating costs of support-
ive housing (which shall include capital costs for uti-
lizing any interactive computer or telephone services
and other electronic information networks and sys-
tems appropriate for assisting homeless families); ex-
cept that grant amounts provided under this subtitle
may not be used to cover more than 75 percent of
the annual operating costs of such housing.
‘‘(5) HOMELESSNESS PREVENTION.—
‘‘(A) IN GENERAL.—For activities designed
to help persons (including veterans who are at
risk of becoming homeless) and families avoid
becoming homeless, which shall include assist-
ance for making mortgage payments, rental
payments, and utility payments and any activi-
ties other than those found by the Secretary to
be inconsistent with the purposes of this Act.
‘‘(B) PERSONS
ELIGIBLE
FOR
ASSIST-
ANCE.—Assistance under this paragraph may
be provided only to very low-income families
who have received eviction (or mortgage delin-
quency or foreclosure) notices or notices of ter-
mination of utility services and who—
‘‘(i) are unable to make the required
payments due to a sudden reduction in in-
come;
‘‘(ii) need such assistance to avoid
homelessness due to the eviction or termi-
nation of services; and
‘‘(iii) have a reasonable prospect of
being able to resume payments within a
reasonable period of time.
‘‘(C) LIMITATION.—Assistance under this
paragraph may be provided only if such assist-
ance will not supplant funding for preexisting
homelessness prevention activities from other
services.
‘‘(6) PERMANENT HOUSING DEVELOPMENT AC-
TIVITIES.—For providing permanent housing devel-
opment activities as described in subtitle B.
‘‘(7) EMERGENCY SHELTER.—For—
‘‘(A) renovation, major rehabilitation, or
conversion of a building or buildings to be used
as emergency shelters;
‘‘(B) covering costs of supportive services
in connection with an emergency shelter, 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 com-
mencement of the operation of the emergency
shelter; and
‘‘(C) covering costs relating to mainte-
nance, operation, insurance, utilities, and fur-
nishings for emergency shelters.
‘‘(8) SUPPORTIVE
SERVICES.—To the extent
provided in section 406, for covering costs of sup-
portive services provided to homeless persons in con-
nection with a permanent or supportive housing fa-
cility or otherwise.
‘‘(9) TECHNICAL
ASSISTANCE.—For technical
assistance in carrying out the purposes of this title,
except that the Secretary may provide such technical
assistance directly to any grantee, including non-
profit sponsors who are proposing project applica-
tions for populations with special needs.
‘‘(b) USE FOR HOUSING ACTIVITIES.—Of the aggre-
gate of any grant amounts provided to a grantee for a
fiscal year for use under this subtitle and the supplemental
amounts provided for such fiscal year by the grantee in
accordance with section 407, the grantee shall ensure that
an amount that is not less than such grant amounts (less
any amount used pursuant to section 408(g)) is used for
eligible activities described in paragraphs (1) through (6)
of subsection (a).
‘‘SEC. 422. USE OF AMOUNTS THROUGH PRIVATE NON-
PROFIT PROVIDERS.
‘‘(a) IN GENERAL.—In each fiscal year, each grantee
of amounts for use under this subtitle shall ensure that
more than 50 percent of the amounts received by the
grantee for such fiscal year are used for carrying out eligi-
ble activities under section 421 through project sponsors
that are private nonprofit organizations.
‘‘(b) WAIVER.—The Secretary may waive the require-
ment under subsection (a) that a grantee ensure that more
than 50 percent of the amounts received by the grantee
for the fiscal year are used through private nonprofit orga-
nizations if the Secretary determines that there are not
sufficient private nonprofit organizations available to the
grantee to meet that requirement.
‘‘SEC. 423. SUPPORTIVE HOUSING.
‘‘(a) IN GENERAL.—Housing shall be considered sup-
portive housing for purposes of this subtitle if—
‘‘(1) the housing complies with the requirement
under section 409(a) regarding providing supportive
services for homeless persons;
‘‘(2) the housing complies with any applicable
State and local housing codes and licensing require-
ments in the jurisdiction in which the housing is lo-
cated; and
‘‘(3) the housing—
‘‘(A) is transitional housing; or
‘‘(B) is permanent supportive housing as
described in section 412.
‘‘(b) TRANSITIONAL HOUSING.—For purposes of this
section, the term ‘transitional housing’ means housing, the
purpose of which is to facilitate the movement of homeless
persons and families to permanent housing within 24
months or such longer period as the Secretary determines
necessary. Assistance may be denied for housing based on
a violation of this subsection only if a substantial number
of homeless persons or families have remained in the hous-
ing longer than such period.
‘‘(c) SINGLE ROOM OCCUPANCY DWELLINGS.—For
purposes of this section, a facility 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 facilities con-
taining some or all such dwelling units.
‘‘(d) SAFE HAVEN HOUSING.—For purposes of this
section, supportive housing may be a structure or a clearly
identifiable portion of a structure that—
‘‘(1) provides housing and low-demand services
and referrals for homeless persons with serious men-
tal illness—
‘‘(A) who are currently residing primarily
in places not designed for, or ordinarily used as,
regular sleeping accommodations for human
beings; and
‘‘(B) who have been unwilling or unable to
participate in mental health or substance abuse
treatment programs or to receive other support-
ive services; except that a person whose sole im-
pairment is substance abuse shall not be consid-
ered an eligible person;
‘‘(2) provides 24-hour residence for eligible indi-
viduals who may reside for an unspecified duration;
‘‘(3) provides private or semiprivate accom-
modations;
‘‘(4) may provide for the common use of kitch-
en facilities, dining rooms, and bathrooms;
‘‘(5) may provide supportive services to eligible
persons who are not residents on a drop-in basis;
and
‘‘(6) provides occupancy limited to no more
than 25 persons.
‘‘SEC. 424. EMERGENCY SHELTER.
‘‘(a) IN GENERAL.—A facility shall be considered
emergency shelter for purposes of this subtitle if the facil-
ity is designed to provide overnight sleeping accommoda-
tions for homeless persons and complies with the require-
ments under this section. An emergency shelter may in-
clude appropriate eating and cooking accommodations.
‘‘(b) REQUIREMENTS.—Grant amounts under this
subtitle may be used for eligible activities under section
421(a)(7) relating to emergency shelter only if—
‘‘(1) the Secretary determines that—
‘‘(A) use of such amounts is necessary to
meet the emergency shelter needs of the juris-
diction in which the facility is located; and
‘‘(B) the use of such amounts for such ac-
tivities will not violate the prohibition under
section 408(f); and
‘‘(2) the project sponsor agrees that it will—
‘‘(A) in the case of assistance involving
major rehabilitation or conversion of a building,
maintain the building as a shelter for homeless
persons and families for not less than a 10-year
period unless, within such 10-year period, the
need for maintaining 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;
‘‘(B) in the case of assistance involving re-
habilitation (other than major rehabilitation or
conversion of a building), maintain the building
as a shelter for homeless persons and families
for not less than a 3-year period;
‘‘(C) in the case of assistance involving
only activities described in subparagraphs (B)
and (C) of section 421(a)(7), provide services or
shelter to homeless persons and families at the
original site or structure or other sites or struc-
tures serving the same general population for
the period during which such assistance is pro-
vided;
‘‘(D) comply with the standards of housing
quality applicable under section 408(h); and
‘‘(E) assist homeless persons obtaining—
‘‘(i) appropriate supportive services,
permanent housing, medical and mental
health treatment (including information
and counseling regarding the benefits and
availability of child immunization), coun-
seling, supervision, veterans benefits, and
other services essential for achieving inde-
pendent living (including on-the-job train-
ing programs which provide an hourly sti-
pend of an amount that is not less than
minimum wage and which are likely to im-
prove the long-term employability and
earnings of homeless persons and reduce
their need for subsidized housing); 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
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
startup 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.
‘‘(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.
‘‘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)).
‘‘(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 funds for fiscal year 1998 or 1999
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);
‘‘(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 funds for fiscal year
1998 or 1999 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;
‘‘(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.
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
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
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.
‘‘SEC. 435. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated for grants under this title $1,020,000,000 for
fiscal year 2000 and such sums as may be necessary for
each of fiscal years 2001, 2002, 2003, and 2004.
‘‘(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 2000 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
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.’’.
(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, 2004’’.
(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,
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).
(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—
(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.
‘‘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
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.
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