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‘‘(L) roofers;
‘‘(M) sheetmetal duct installers;
‘‘(N) structural metal workers;
‘‘(O) power equipment operators (including
truck drivers, and backhoe, bulldozer, crane,
loader, and grader operators);
‘‘(P) sprinkler installers;
‘‘(Q) elevator installers;
‘‘(R) laborers; and
‘‘(S) landscapers.
‘‘(3) The term ‘contractor’ includes firms, part-
nerships, corporations, and any other persons, and
any combination thereof.
‘‘(4) The term ‘covered construction contract’
means an agreement to provide labor and related
materials, supplies, or services for any construction
that—
‘‘(A) involves any construction assistance;
and
‘‘(B) if such construction assistance is pro-
vided—
‘‘(i) under the community develop-
ment block grant program under title I of
the Housing and Community Development
Act of 1974 or the HOME Investment
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Partnerships Act, involves a total project
cost of not less than $100,000; or
‘‘(ii) under any other program admin-
istered by the Secretary, involves a total
project cost of not less than $200,000.
‘‘(5) The term ‘subcontractor’ means any firm,
partnership, corporation, or any other person, or any
combination thereof, who enters into a contract or
agreement with a contractor to perform a substan-
tial specified portion of a covered construction con-
tract.’’.
SEC. 707. NOTIFICATION OF HUD FUNDING AWARDS.
Section 102(a)(1) of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C.
3545(a)(1)) is amended by adding at the end the following
new sentence: ‘‘Each notice of the availability of assistance
shall include an estimate of the date by which the Depart-
ment will notify applicants for such assistance whose ap-
plications or requests for assistance are approved of such
approval.’’.
SEC. 708. EXCLUSION OF GNMA FROM HUD PERSONNEL
CEILINGS.
Section 502(a) of the Housing Act of 1948 (12
U.S.C. 1701c(a)) is amended by adding at the end the
following new sentence: ‘‘Notwithstanding any other provi-
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sion of law, employees of the Government National Mort-
gage Association Department in the Department of Hous-
ing and Urban Development shall not be considered em-
ployees of the Department for purposes of any limitation
on the number of employees of the Department.’’.
SEC. 709. HUD RESEARCH AND DEVELOPMENT.
The second sentence of section 501 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–
1) is amended to read as follows: ‘‘There are authorized
to be appropriated to carry out this title $40,000,000 for
fiscal year 1995 and $42,000,000 for fiscal year 1996.’’.
SEC. 710. PREVENTING FRAUD AND ABUSE IN RURAL RENT-
AL HOUSING PROGRAM.
Section 904 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 3544) is
amended—
(1) in the heading for the section, by inserting
‘‘AND RURAL RENTAL HOUSING PROGRAM’’ be-
fore the period at the end;
(2) by striking paragraph (1) of subsection (a)
and inserting the following new paragraph:
‘‘(1) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means—
‘‘(A) the Secretary of Housing and Urban
Development, with respect to programs of the
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Department of Housing and Urban Develop-
ment; and
‘‘(B) the Secretary of Agriculture, with re-
spect to the program for rural rental housing
under section 515 of the Housing Act of
1949.’’;
(3) in subsection (b), in the matter preceding
paragraph (1), by inserting after ‘‘income,’’ the fol-
lowing: ‘‘and as a condition of initial or continuing
eligibility for participation in the program for rural
rental housing under section 515 of the Housing Act
of 1949,’’;
(4) in subsection (c)(2)(A)—
(A) by inserting before ‘‘from the im-
proper’’ the following: ‘‘or the program for
rural rental housing under section 515 of the
Housing Act of 1949’’; and
(B) by inserting before ‘‘and (in’’ the fol-
lowing: ‘‘and the Department of Agriculture’’;
(5) in the last sentence of subsection (c)(3)(A),
by inserting ‘‘an officer or employee of the Depart-
ment of Agriculture,’’ after ‘‘Development,’’;
(6) in subsection (e), by inserting after ‘‘Devel-
opment’’ the following: ‘‘or the program for rural
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rental housing under section 515 of the Housing Act
of 1949,’’;
(7) in subsection (a)(2), in the matter in sub-
section (b) that precedes paragraph (1), and in
paragraphs (1) and (2) of subsection (b), by striking
‘‘the Secretary’’ each place it appears and inserting
‘‘the Secretary concerned’’; and
(8) in subsection (b)(3)—
(A) by striking ‘‘the Secretary authorizing
the Secretary’’ and inserting ‘‘the Secretary
concerned 
authorizing 
the 
Secretary 
con-
cerned’’; and
(B) by striking ‘‘of the Secretary’’ and in-
serting ‘‘of the Secretary concerned’’.
SEC. 711. NATIONAL INSTITUTE OF BUILDING SCIENCES.
The second sentence of section 809(i) of the Housing
and Community Development Act of 1974 (12 U.S.C.
1701j–2(i)) is amended to read as follows: ‘‘In addition
to the amounts authorized to be appropriated under the
first sentence of this subsection, there are authorized to
be appropriated to the Institute to carry out the provisions
of this section $2,000,000 for fiscal year 1995 and
$2,000,000 for fiscal year 1996.’’.
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SEC. 712. RESIDENTIAL LEAD-BASED PAINT HAZARD RE-
DUCTION.
(a) TARGET HOUSING HAZARD REDUCTION.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 1011(p) of the Housing and Community De-
velopment Act of 1992 (42 U.S.C. 4852(p)) is
amended to read as follows:
‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this Act, there are authorized to
be appropriated $100,000,000 for fiscal year 1995 and
$110,000,000 for fiscal year 1996.’’.
(2) TECHNICAL
ASSISTANCE
AND
CAPACITY
BUILDING.—Section 1011(g) of the Housing and
Community Development Act of 1992 (42 U.S.C.
4852(g)) is amended—
(A) in paragraph (1)—
(i) in the first sentence, by inserting
before the period at the end the following:
‘‘, by providing technical assistance, either
directly, or indirectly under contracts or
otherwise’’; and
(ii) by striking the second sentence;
and
(B) by striking paragraph (2) and insert-
ing the following new paragraph:
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‘‘(2) SET-ASIDE.—Of the total amount ap-
proved in appropriation Acts under subsection (p),
there shall be set aside to carry out this subsection
$3,000,000 for fiscal year 1995 and $3,000,000 for
fiscal year 1996.’’.
(3) ELIGIBLE HOUSING.—Section 1011 of the
Housing and Community Development Act of 1992
(42 U.S.C. 4852) is amended—
(A) by striking subsection (a) and insert-
ing the following new subsection:
‘‘(a) AUTHORITY AND ELIGIBLE HOUSING.—
‘‘(1) AUTHORITY.—The Secretary may provide
grants to eligible applicants to evaluate and reduce
lead-based paint hazards in housing that meets the
requirements under paragraphs (2) and (3) and is
not federally assisted housing, federally owned hous-
ing, or public housing, in accordance with the provi-
sions of this section.
‘‘(2) ELIGIBLE HOUSING.—Housing that meets
the requirements under this paragraph is the follow-
ing housing:
‘‘(A) RENTAL HOUSING.—In the case of
rental housing, housing in which at least 50
percent of the dwelling units are occupied by or
available to households with incomes not ex-
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ceeding 50 percent of the median income for
the area, as defined by the Secretary, and the
remainder of the dwelling units are occupied by
or available to households with incomes not ex-
ceeding 80 percent of the median income for
the area, as defined by the Secretary.
‘‘(B) OWNER-OCCUPIED HOUSING.—In the
case of owner-occupied housing, a dwelling that
is the principal residence of a household with an
income not exceeding 80 percent of the median
income for the area, as defined by the Sec-
retary.
‘‘(3) LIMITATIONS ON USE OF AMOUNTS.—
‘‘(A) RENTAL HOUSING.—In the case of
rental housing for which lead hazard reduction
activities are conducted using grant amounts
under this section—
‘‘(i) 
notwithstanding 
paragraph
(2)(A), for housing with 5 or more dwell-
ing units, not more than 20 percent of
such remaining dwelling units may be oc-
cupied by households with incomes exceed-
ing 80 percent of the median income for
the area, as defined by the Secretary; and
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‘‘(ii) all vacant dwelling units for
which such activities have been conducted
shall be made available only to households
with a child or children under 6 years of
age, and among such households priority
shall be given to households with incomes
not exceeding 50 percent of the median in-
come for the area, as defined by the Sec-
retary.
‘‘(B) OWNER-OCCUPIED HOUSING.—In the
case of owner-occupied housing for which lead
hazard reduction activities are conducted using
grant amounts under this section, 90 percent of
the dwelling units for which such activities are
conducted shall be dwelling units occupied by a
household with a child or children under 6
years of age or dwelling units in which a child
of such age regularly spends a substantial por-
tion of his or her time.
‘‘(4) EXCEPTION
TO
ELIGIBLE
HOUSING
RE-
QUIREMENTS.—Notwithstanding 
paragraph 
(2),
housing that qualifies as affordable housing under
section 215 of the Cranston-Gonzalez National Af-
fordable Housing Act (including housing that re-
ceives assistance under section 8 of the United
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States Housing Act of 1937) and for which activities
assisted under this section are to be conducted using
amounts made available to carry out this section for
fiscal year 1993 shall be considered housing that
meets the requirements of paragraph (2) and shall
not be subject to the requirements of paragraph (3),
but only if the recipient of such assistance elects, be-
fore commencing such activities with such assist-
ance, to be subject to the provisions of this para-
graph and the Secretary approves such election. Any
such recipient making such an election may not use
such assistance to carry out activities under this sec-
tion with respect to housing that meets the require-
ments of paragraphs (2) and (3).’’; and
(B) by striking ‘‘priority housing’’ each
place it appears and inserting ‘‘housing that
meets the requirements under subsection (a)’’.
(b) HUD RESEARCH.—
(1) CONDUCTING OF RESEARCH.—Section 1052
of the Housing and Community Development Act of
1992 (42 U.S.C. 4854a) is amended by inserting
after ‘‘other Federal agencies,’’ the following: ‘‘either
directly, or indirectly under contract or otherwise,’’.
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(2) FUNDING.—Section 1053 of the Housing
and Community Development Act of 1992 (42
U.S.C. 4854b) is amended to read as follows:
‘‘SEC. 1054. FUNDING.
‘‘Of the total amount approved in appropriation Acts
under section 1011(p), there shall be set aside to carry
out this part $5,000,000 for fiscal year 1995 and
$5,000,000 for fiscal year 1996.’’.
(3) OTHER ACTIVITIES.—Part 1 of subtitle D
of title X of the Housing and Community Develop-
ment Act of 1992 (42 U.S.C. 4854 et seq.) is
amended by inserting after section 1052 the follow-
ing new section:
‘‘SEC. 1053. OTHER RESEARCH AND ASSISTANCE ACTIVI-
TIES.
‘‘The Secretary may use amounts available to carry
out this part to undertake, either directly, or indirectly
under contract or otherwise, pursuant to title V of the
Housing and Urban Development Act of 1970, such stud-
ies, tests (including pilot tests of new or revised pro-
grams), evaluations, demonstrations, education of the pub-
lic, and preparation of training materials, as are consist-
ent with the purposes of this Act.’’.
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(c) DEFINITIONS.—Section 1004 of the Housing and
Community Development Act of 1992 (42 U.S.C. 4851b)
is amended—
(1) by striking paragraph (20); and
(2) by redesignating paragraphs (21) through
(27) as paragraphs (20) through (26), respectively.
SEC. 713. GAO STUDY OF LEAD-BASED PAINT DETECTION
TECHNOLOGIES AND TENANT NOTIFICATION
PROCEDURES.
(a) IN GENERAL.—The Comptroller General of the
United States shall conduct a study of the lead-based
paint detection and abatement programs of the Depart-
ment of Housing and Urban Development, which shall in-
clude—
(1) analysis of existing lead-based paint detec-
tion technologies including an analysis of the effec-
tiveness of x-ray fluorescence analyzers (in this sec-
tion referred to as ‘‘XRF’’);
(2) evaluation of the qualifications of XRF con-
tractors and whether national certification standards
should be imposed;
(3) analysis of whether the 1.0 mg/cm2 action
level for lead paint, as directed in section 302 of the
Lead-Based Paint Poisoning Prevention Act, is too
high to adequately protect tenant health, and in con-
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duction such analysis, the Comptroller General shall
consult with the Consumer Product Safety Commis-
sion, the Department of Health and Human Serv-
ices, and the Environmental Protection Agency; and
(4) evaluation of the effectiveness of tenant no-
tification procedures of the Department of Housing
and Urban Development pursuant to a finding of
lead-based paint in public housing.
(b) REPORT.—Not later than the expiration of the
6-month period beginning on the date of the enactment
of this Act, the Comptroller General shall submit to the
Congress a report describing the results of the study re-
quired by subsection (a).
SEC. 714. CIVIL MONEY PENALTIES FOR VIOLATIONS OF
HOME 
MORTGAGE 
DISCLOSURE 
ACT 
BY
NONSUPERVISED MORTGAGEES.
Section 305 of the Home Mortgage Disclosure Act
of 1975 (12 U.S.C. 2804) is amended—
(1) in subsection (b)—
(A) in paragraph (2), by inserting ‘‘and’’
at the end;
(B) in paragraph (3), by striking ‘‘; and’’
at the end and inserting a period; and
(C) by striking paragraph (4);
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(2) by redesignating subsection (c) as sub-
section (d); and
(3) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) POWERS OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary of Housing
and Urban Development (in this subsection referred
to as the ‘Secretary’) shall enforce compliance with
the requirements imposed under this title with re-
gard to lending institutions not described in sub-
section (b).
‘‘(2) CIVIL
MONEY
PENALTIES.—Pursuant to
paragraph (1) of this subsection, the Secretary may
impose a civil money penalty for failure to comply
with the requirements of this title.
‘‘(3) AMOUNT OF PENALTY.—The amount of
the penalty, as determined by the Secretary, may
not exceed $5,000 for each violation, except that the
maximum penalty for all violations by any particular
lending institution during any 1-year period shall
not exceed $1,000,000.
‘‘(4) VIOLATIONS FOR WHICH A PENALTY MAY
BE IMPOSED.—A civil money penalty may be im-
posed for the late submission of a report, failure to
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submit a report, submission of an illegible report,
submission of an erroneous report, and failure to
submit a corrected report for a report that was illeg-
ible or erroneous.
‘‘(5) AGENCY PROCEDURES.—
‘‘(A) 
ESTABLISHMENT.—The 
Secretary
shall establish standards and procedures gov-
erning the imposition of civil money penalties
under this section. The standards and proce-
dures shall provide for the Secretary to make
the determination to impose the penalty or to
use an administrative entity (such as the Mort-
gagee Review Board, established pursuant to
section 202(c) of the National Housing Act) to
make the determination; shall provide for the
imposition of a penalty only after the lending
institution has been given an opportunity for a
hearing on the record; and may provide for re-
view by the Secretary of a determination or
order, or interlocutory ruling, arising from a
hearing.
‘‘(B) FINAL ORDERS.—If no hearing is re-
quested within 15 days of receipt of the notice
of opportunity for hearing, the imposition of the
penalty 
shall 
constitute 
a 
final 
and
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unappealable determination. If the Secretary re-
views the determination or order, the Secretary
may affirm, modify, or reverse that determina-
tion or order. If the Secretary does not review
the determination or order within 90 days of
the issuance of the determination or order, the
determination or order shall be final.
‘‘(C) FACTORS IN DETERMINING AMOUNT
OF PENALTY.—In determining the amount of a
penalty under this subsection, consideration
shall be given to such factors as the gravity of
the offense, any history of prior offenses, ability
to pay the penalty, deterrence of future viola-
tions, and such other factors as the Secretary
may determine to be appropriate.
‘‘(D) REVIEWABILITY OF IMPOSITION OF
PENALTY.—The Secretary’s determination or
order imposing a penalty under this subsection
shall not be subject to review, except as pro-
vided in this subsection.
‘‘(6) JUDICIAL
REVIEW
OF
AGENCY
DETER-
MINATION.—
‘‘(A) IN GENERAL.—After exhausting all
administrative remedies established by the Sec-
retary under this subsection, a lending institu-
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tion against whom the Secretary has imposed a
civil money penalty under this subsection may
obtain a review of the penalty as may be ad-
dressed in the notice of determination to impose
a penalty in the appropriate court of appeals of
the United States, by filing in such court, with-
in 20 days after the entry of such order or de-
termination, a written petition praying that the
Secretary’s determination or order be modified
or set aside in whole or in part.
‘‘(B) OBJECTIONS NOT RAISED IN HEAR-
ING.—The court shall not consider any objec-
tion that was not raised in the hearing con-
ducted pursuant to this subsection unless a
demonstration is made of extraordinary cir-
cumstances causing the failure to raise the ob-
jection. If any party demonstrates to the satis-
faction of the court that additional evidence not
presented at the hearing is material and that
there were reasonable grounds for the failure to
present such evidence at the hearing, the court
shall remand the matter to the Secretary for
consideration of the additional evidence.
‘‘(C) SCOPE OF REVIEW.—The decisions,
findings, and determinations of the Secretary
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shall be reviewed pursuant to section 706 of
title 5, United States Code.
‘‘(D) ORDER TO PAY PENALTY.—Notwith-
standing any other provision of law, in any such
review, the court shall have the power to order
payment of the penalty imposed by the Sec-
retary.
‘‘(7) ACTION TO COLLECT PENALTY.—If a lend-
ing institution fails to comply with the Secretary’s
determination or order imposing a civil money pen-
alty under this subsection, after the determination
or order is no longer subject to review as provided
by this subsection, the Secretary may bring an ac-
tion in an appropriate United States district court to
obtain a monetary judgment against the lending in-
stitution. In such an action, the validity and appro-
priateness of the Secretary’s determination or order
imposing the penalty shall not be subject to review.
The monetary judgment may, in the court’s discre-
tion, include the attorneys fees and other expenses
incurred by the United States in connection with the
action.
‘‘(8) SETTLEMENT BY SECRETARY.—The Sec-
retary may compromise, modify, or remit any civil
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money penalty which may be imposed under this
subsection.
‘‘(9) REGULATIONS.—The Secretary shall issue
such regulations as the Secretary deems appropriate
to implement this subsection.
‘‘(10) DEPOSIT OF PENALTIES IN TREASURY.—
All civil money penalties collected under this sub-
section shall be deposited in the Miscellaneous Re-
ceipts Account of the Treasury.’’.
SEC. 715. REMOVAL OF REGULATORY BARRIERS TO AF-
FORDABLE HOUSING.
(a) PURPOSES.—Section 1202 of the Housing and
Community Development Act of 1992 (42 U.S.C. 12705a)
is amended—
(1) in paragraph (1), by striking ‘‘State and
local governments to further identify and remove’’
and inserting ‘‘the further identification and removal
of’’; and
(2) by striking paragraph (2) and inserting the
following new paragraph:
‘‘(2) to encourage the establishment of partner-
ships between local governments and builders and
developers of affordable housing to facilitate develop-
ment of innovative land use and building practices to
overcome regulatory barriers.’’.
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(b) GRANTS.—Section 1204 of the Housing and
Community Development Act of 1992 (42 U.S.C. 12705c)
is amended—
(1) by striking subsection (a) and inserting the
following new subsection:
‘‘(a) IN GENERAL.—The amounts available for use
under this Act may be used for grants under subsections
(b) and (c), for evaluation of grantees, and for contracts
with intermediaries for the administration of such
grants.’’;
(2) in subsection (b)—
(A) in the heading for the subsection, by
striking ‘‘GRANTS’’ and inserting ‘‘AND RE-
GIONAL STRATEGIES FOR BARRIER REMOVAL’’;
(B) in matter preceding paragraph (1), by
inserting after ‘‘States’’ the following: ‘‘, con-
sortia of units of general local government, as-
sociations of units of general local government,
and metropolitan or regional governments’’;
(C) in paragraph (3), by striking ‘‘a State
program to reduce State and local’’ and insert-
ing ‘‘State or regional programs to reduce’’;
(D) in paragraph (4), by inserting ‘‘or
local’’ after ‘‘State’’;
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(E) in paragraph (5), by striking ‘‘State’’;
and
(F) by striking paragraph (6) and insert-
ing the following new paragraph:
‘‘(6) developing proposed legislation or adminis-
trative policies for enactment by the State or local
government addressing expanded housing oppor-
tunity and barrier removal, including implementation
of active programs encouraging housing opportuni-
ties for low- and moderate-income families through
activities such as comprehensive planning require-
ments, metropolitan fair-share requirements for af-
fordable housing, inclusionary zoning legislation, es-
tablishment of new land development standards, and
review of zoning standards and plans.’’;
(3) by striking subsection (c) and inserting the
following new subsection:
‘‘(c) BARRIER
REMOVAL
DEMONSTRATION.—The
Secretary may make grants to units of general local gov-
ernment to encourage the establishment of partnerships
between local governments and builders and developers
under which the local government commits to modify exist-
ing land use and building practices and the builder or de-
veloper agrees to use innovative land planning and devel-
opment approaches to build affordable housing in ways
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which would overcome regulatory barriers. Assistance
under this subsection may be used to assist the builder
or developer obtain additional architectural, engineering,
and land planning services to build affordable housing and
to provide assistance to the locality in providing special-
ized review and in meeting technical responsibilities result-
ing from the removal of the regulatory barriers. During
and after completion of these demonstration projects, the
Secretary may evaluate the cost impact of the modified
regulations and the long-term impact of the project on
regulatory reform.’’;
(4) by striking subsections (d) through (g) and
inserting the following new subsection:
‘‘(d) APPLICATION AND SELECTION.—
‘‘(1) APPLICATION.—The Secretary shall pro-
vide for the form and manner of applications for
grants under this section, which in the case of
grants under subsection (c), shall include resolutions
and other evidence by the applicable regulating bod-
ies evidencing commitments—
‘‘(A) to waive or modify existing applicable
zoning, building code, site planning, and other
related development requirements;
‘‘(B) to approve the project based upon an
individual review of the technical data, site
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plans, and architectural submissions of the
project, utilizing the most recent research and
practices of building engineering and land de-
velopment; and
‘‘(C) to accelerate development review and
processing.
‘‘(2) CRITERIA FOR APPROVAL.—The Secretary
shall establish criteria for approval of applications
under this subsection and for the competitive selec-
tion of grantees under this section.’’;
(5) in subsection (h), by striking ‘‘State and
unit of general local government receiving’’ and in-
serting ‘‘recipient of’’; and
(6) by redesignating subsections (h) and (i) as
subsections (e) and (f), respectively.
(c) REPORTS.—Section 1207 of the Housing and
Community Development Act of 1992 (42 U.S.C. 12705a
note) is amended by striking ‘‘this Act’’ and inserting ‘‘the
Housing and Community Development Act of 1994’’.
(d) CDBG SPECIAL PURPOSE GRANTS.—Section
107(b) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5307(b)) is amended by inserting at
the end the following new paragraph:
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‘‘(9) to eligible grantees, and for other pur-
poses, under the Removal for Regulatory Barriers to
Affordable Housing Act of 1992.’’.
SEC. 716. NEW TOWNS DEMONSTRATION PROGRAM FOR
EMERGENCY RELIEF OF LOS ANGELES.
(a) INSURANCE AUTHORITY.—The first sentence of
section 1104(d) of the Housing and Community Develop-
ment Act of 1992 (42 U.S.C. 5318 note) is amended to
read as follows: ‘‘To the extent provided in appropriation
Acts, the Secretary shall use any authority provided pur-
suant to section 531(b) of the National Housing Act to
enter into commitments to insure loans and mortgages
under this section in fiscal years 1995 and 1996 with an
aggregate principal amount not exceeding such sums as
may be necessary to carry out the demonstration under
this title.’’.
(b) 
SECOND
MORTGAGE
ASSISTANCE.—Section
1105(e) of the Housing and Community Development Act
of 1992 (42 U.S.C. 5318 note) is amended to read as fol-
lows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal years 1995
and 1996 such sums as may be necessary for providing
assistance under this section.’’.
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(c) COMMUNITY DEVELOPMENT ASSISTANCE.—Sec-
tion 1106(h) of the Housing and Community Development
Act of 1992 (42 U.S.C. 5318 note) is amended to read
as follows:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal years 1995
and 1996 such sums as may be necessary for assistance
under this section.’’.
SEC. 717. AUTHORIZATION OF APPROPRIATIONS FOR PUB-
LIC SERVICES FACILITY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1995
such sums as may be necessary for a grant by the Sec-
retary of Housing and Urban Development to the City of
Springfield, Massachusetts (in this section referred to as
the ‘‘City’’), for the redevelopment of a facility formerly
used as a United States Post Office for use as a consoli-
dated facility for city public services in accordance with
the plans, budgets, and timetables for such facility devel-
oped by the City.
(b) CITY
CONTRIBUTION.—Notwithstanding any
other provision of this section, the Secretary may not
make any amount provided pursuant to this section avail-
able to the City unless the City contributes for redevelop-
ment of the facility referred to in subsection (a) an
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amount constituting not less than 25 percent of the total
cost of the redevelopment project.
(c) AVAILABILITY OF AMOUNTS.—Of any amounts
appropriated pursuant to this section, the Secretary shall
provide $2,500,000 to the City in fiscal year 1995 and
the remainder shall remain available until the end of fiscal
1996 and shall be provided to the City in such year.
(d) REPORTS.—The Secretary may require the City
to submit such reports and other information as the Sec-
retary considers necessary to ensure that the amounts pro-
vided under this section are used in accordance with this
section and that amounts are provided by the City in ac-
cordance with subsection (b).
SEC. 718. NATIONAL AMERICAN INDIAN HOUSING COUNCIL.
There is authorized to be appropriated for assistance
for the National American Indian Housing Council
$1,000,000 for fiscal year 1995 and $1,000,000 for fiscal
year 1996, for providing training and technical assistance
to Indian Housing Authorities.
SEC. 719. HOUSING ASSISTANCE COUNCIL.
There is authorized to be appropriated for assistance
for the Housing Assistance Council $5,000,000 for fiscal
year 1995 and $5,000,000 for fiscal year 1996, for provid-
ing training, technical assistance, and financial assistance
to develop affordable housing in rural areas.
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SEC. 720. DEMONSTRATION PROGRAM FOR OUTREACH TO
AVOID DISCONNECTION OF UTILITIES.
(a) ACTION OF SECRETARY.—The Secretary of Hous-
ing and Urban Development shall provide technical advice
and assistance to Maryland Energy Advocates to establish
and carry out a program under (b).
(b) OUTREACH PROGRAM.—The program under this
subsection shall be a program, carried out by Maryland
Energy Advocates, to—
(1) identify low-income families living in Balti-
more, Maryland, and the surrounding areas, includ-
ing low-income families residing in housing for which
assistance is provided by the Federal Government,
whose electricity or other utility services have been
disconnected because of failure to pay amounts
owed;
(2) provide counseling and advice to such fami-
lies regarding utility payments, family budgeting,
sources and programs of assistance for utility pay-
ments, and such other matters as may be necessary
to avoid the disconnection of utility service in the fu-
ture; and
(3) determine the most effective manners of
identifying low-income families in need of advice or
assistance to avoid disconnection of utility services
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and the most effective actions to help low-income
families avoid such disconnection.
(c) REPORT.—After consultation with Maryland En-
ergy Advocates regarding the implementation and results
of the program under subsection (b), but not later than
the expiration of the 18-month period beginning on the
date of the enactment of this Act, the Secretary of Hous-
ing and Urban Development shall submit a report to the
Congress that—
(1) describes the program and the activities
carried out under the program;
(2) describes the extent to which the utility
services of low-income families are disconnected; and
(3) identifies the most effective manners of
identifying low-income families in need of advice or
assistance to avoid disconnection of utility services
and the most effective actions to help low-income
families avoid such disconnection, including any such
actions appropriate for the Federal Government.
SEC. 721. FEDERAL DEPOSIT INSURANCE CORPORATION
AFFORDABLE HOUSING PROGRAM.
(a) REAUTHORIZATION.—Section 40(b) of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1831q(b)) is
amended—
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(1) in paragraph (1), by striking ‘‘during’’ and
all that follows through ‘‘paragraph (2)(A)’’ and in-
serting ‘‘until the end of fiscal year 1997’’;
(2) in paragraph (2)(A), in the matter preced-
ing clause (i), by striking ‘‘3-year’’; and
(3) in paragraph (2)(C), by striking ‘‘3-year’’.
(b) FACILITATION OF PROGRAM.—Section 40 of the
Federal Deposit Insurance Act is amended by adding at
the end the following new subsection:
‘‘(r) FACILITATION OF PROGRAM.—Notwithstanding
any provision of this section or any other provision of law,
the Corporation shall be considered to be in compliance
with this section if (in the sole discretion of the Corpora-
tion) the Corporation at any time modifies, amends, or
waives any provisions of this section to maximize the effi-
cient use of amounts appropriated to carry out this sec-
tion. The Corporation shall not be subject to suit for any
failure to comply with the requirements of this section.’’.
SEC. 722. STATE AGENCIES AS SURETIES.
Section 9304 of title 31, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) STATE AGENCIES.—A State agency, including
any financing authority established by any State, which
meets the requirements of paragraphs (2) and (3) of sub-
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section (a) may be treated as a surety corporation for pur-
poses of this chapter. Notwithstanding any other provision
of law, user fees collected by the Financial Management
Services incident to sections 9304 through 9309 of this
title shall be credited to the appropriation of that agency
and may be retained without fiscal year limitation to carry
out the provisions of such sections.’’.
SEC. 723. INSURED COMMUNITY DEVELOPMENT FINANCIAL
INSTITUTION ACCESS TO FEDERAL HOME
LOAN BANK ADVANCES.
(a) IN GENERAL.—Section 10 of the Federal Home
Loan Bank Act (12 U.S.C. 1430) is amended by adding
at the end the following new subsection:
‘‘(k) COMMUNITY DEVELOPMENT FINANCIAL INSTI-
TUTION ACCESS TO ADVANCES.—Any insured community
development financial institution (as defined in section
3(e) of the Community Development Banking and Finan-
cial Institutions Act of 1993) which meets the require-
ments of subparagraphs (A) and (B) of section 4(a)(1)
may obtain advances from the appropriate Federal home
loan bank in accordance with this section in the same
manner and to the same extent as members of such bank
without regard to any stock purchase requirement imposed
on members under this Act.’’.
(b) INCREASE IN LENDING CAP.—
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(1) IN
GENERAL.—Paragraph (2) of the 1st
subsection (e) of section 10 of the Federal Home
Loan Bank Act (12 U.S.C. 1430(e)(2)) is amended
by striking ‘‘30 percent’’ and inserting ‘‘40 per-
cent’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply after October 1, 1995.
SEC. 724. PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.
(a) IN GENERAL.—It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with amounts made available under
this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using amounts made available under this Act, the
head of each Federal agency shall, to the greatest extent
practicable, provide to such entity a notice describing the
statement of the sense of the Congress under subsection
(a).
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TITLE 
VIII—HOUSING 
PRO-
GRAMS UNDER STEWART B.
MCKINNEY 
HOMELESS 
AS-
SISTANCE ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Stewart B. McKinney
Homeless Housing Assistance Amendments Act of 1994’’.
Subtitle A—Housing Assistance
CHAPTER 1—REORGANIZATION OF CER-
TAIN MCKINNEY ACT HOUSING PROVI-
SIONS
SEC. 811. FLEXIBLE GRANT PROGRAM.
Title IV of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11361 et seq.) is amended—
(1) by striking subtitles A, B, C, D, and F;
(2) by striking the headings for subtitles E and
G;
(3) by redesignating sections 441 (as amended
by the preceding provisions of this Act), 491, and
592 (as added by section 1414 of the Housing and
Community Development Act of 1992) as sections
451, 453, and 454, respectively;
(4) by striking sections 442 and 443; and
(5) by inserting after the heading for the title
the following:
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‘‘Subtitle A—Flexible Grant
Program
‘‘CHAPTER 1—GENERAL PROVISIONS
‘‘SEC. 401. PURPOSES.
‘‘The purposes of this subtitle are to—
‘‘(1) expand and reorganize the Federal com-
mitment to alleviate homelessness by providing
States, Indian tribes, and localities with the re-
sources to more efficiently and effectively design a
comprehensive system to address the shelter, service,
and permanent housing needs of homeless individ-
uals and families in the United States;
‘‘(2) help very low-income families avoid becom-
ing homeless;
‘‘(3) meet the emergency shelter needs of home-
less persons and families;
‘‘(4) provide transitional or specialized perma-
nent housing to facilitate the movement of homeless
persons and families to independent living;
‘‘(5) provide supportive services to help home-
less persons and families lead independent and dig-
nified lives;
‘‘(6) encourage the cooperation and participa-
tion of the States and units of general local govern-
ment, together with private nonprofit organizations,
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in planning and implementing comprehensive home-
less assistance programs;
‘‘(7) reduce the costs to States, units of general
local government, and private nonprofit organiza-
tions in applying for and using Federal housing as-
sistance for families and persons who are homeless;
and
‘‘(8) begin meeting the needs of most of the
Nation’s homeless population through the existing
Federal programs providing basic assistance for low-
income families and persons.
‘‘SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) $735,000,000 for fiscal year 1995 for
grants in accordance with section 812(b) of the
Housing and Community Development Act of 1994;
and
‘‘(2) $925,000,000 for fiscal year 1996 for
grants under this subtitle.
Any amounts appropriated pursuant to this section shall
remain available until expended.
‘‘SEC. 403. DEFINITIONS.
‘‘For purposes of this subtitle, the following defini-
tions shall apply:
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‘‘(1) The term ‘allocation unit of general local
government’ means a metropolitan city and an
urban county.
‘‘(2) The term ‘applicant’ means an eligible
grantee that submits an application under section
408 for a grant under this subtitle.
‘‘(3) The term ‘disability’ means—
‘‘(A) a disability as defined in section 223
of the Social Security Act;
‘‘(B) to be determined to have, pursuant to
regulations issued by the Secretary, a physical,
mental, or emotional impairment which (i) is
expected to be a long-continued and indefinite
duration, (ii) substantially impedes an individ-
ual’s ability to live independently, and (iii) of
such a nature that such ability could be im-
proved by more suitable housing conditions;
‘‘(C) a developmental disability as defined
in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act; or
‘‘(D) 
the 
disease 
of 
acquired
immunodeficiency syndrome or any conditions
arising from the etiologic agency for acquired
immunodeficiency syndrome.
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Subparagraph (D) shall not be construed to limit eli-
gibility under subparagraphs (A) through (C) or the
provisions referred to in subparagraphs (A) through
(C).
‘‘(4) The term ‘eligible grantee’ means—
‘‘(A) an allocation unit of general local
government, Indian Tribe, or insular area, or a
consortium of such entities, that elects to ad-
minister a grant under section 410(a)(1);
‘‘(B) a public agency or a private nonprofit
organization (or a consortium of such organiza-
tions) designated by the Secretary under section
410(a)(3) to administer grant amounts for an
allocation unit of general local government, In-
dian tribe, or insular area;
‘‘(C) an entity eligible to receive grant
amounts from the Secretary under section
410(a)(4);
‘‘(D) a State that elects under section
410(b)(1)(A) to administer a grant;
‘‘(E) a unit of general local government se-
lected under section 410(b)(5) to receive grant
amounts from the Secretary; and
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‘‘(F) a private nonprofit organization se-
lected under section 410(b)(4) to receive grant
amounts from the Secretary.
‘‘(5) The term ‘families’ has the same meaning
given the term under section 3(b) of the United
States Housing Act of 1937.
‘‘(6) The term ‘grantee’ means—
‘‘(A) an allocation unit of general local
government, Indian tribe, or insular area, or a
consortium of such entities, that receives a
grant under this subtitle and administers the
grant under section 410(a)(1);
‘‘(B) an allocation unit of general local
government, Indian tribe, or insular area that
receives a grant under this subtitle and des-
ignates a public agency or private nonprofit or-
ganization (or a consortium of such organiza-
tions) to administer grant amounts for the ju-
risdiction under section 410(a)(2);
‘‘(C) a public agency or a private nonprofit
organization (or a consortium or such organiza-
tions) designated by the Secretary under section
410(a)(3) to administer grant amounts for an
allocation unit of general local government, In-
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dian tribe, or insular area, and that receives
grant amounts under this subtitle;
‘‘(D) an entity that receives grant amounts
from the Secretary under section 410(a)(4);
‘‘(E) a State that receives grant amounts
under this subtitle and administers such
amounts under section 410(b)(1)(A);
‘‘(F) a unit of general local government
that receives grant amounts from the Secretary
under section 410(b)(5); and
‘‘(G) a private nonprofit organization that
receives grant amounts from the Secretary
under section 410(b)(4).
‘‘(7) The term ‘homeless family’ means a group
of one or more related individuals who are homeless
individuals.
‘‘(8) The term ‘Indian tribe’ means any Indian
tribe, band, group, and nation, including Alaska In-
dians, Aleuts, and Eskimos, and any Alaskan Native
Village, of the United States, which is considered an
eligible recipient under the Indian Self-Determina-
tion and Education Assistance Act or was considered
an eligible recipient under chapter 67 of title 31,
United States Code, before the repeal of such
chapter.
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‘‘(9) The term ‘insular area’ means the Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
‘‘(10) The term ‘low-demand services and refer-
rals’ means the provision of health care, mental
health, substance abuse, and other supportive serv-
ices and referrals for services in a noncoercive man-
ner, which may include medication management,
education, counseling, job training, and assistance in
obtaining entitlement benefits and in obtaining other
supportive service including mental health treatment
and substance abuse treatment.
‘‘(11) The term ‘metropolitan city’ has the
meaning given the term in section 102(a) of the
Housing and Community Development Act of 1974.
‘‘(12) The term ‘operating costs’ means ex-
penses of operating any housing assisted under this
subtitle with respect to—
‘‘(A) the administration, maintenance, re-
pair, and security of such housing;
‘‘(B) utilities, fuels, furnishings, and equip-
ment for such housing; and
‘‘(C) the conducting of the assessments of
and the provision of supportive services to the
residents of such housing.
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‘‘(13) The term ‘outpatient health services’
means outpatient health care, outpatient mental
health services, outpatient substance abuse services,
case management services and child immunization.
‘‘(14) The term ‘private nonprofit organization’
means an organization—
‘‘(A) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
‘‘(B) that has a voluntary board;
‘‘(C) that has an accounting system or has
designated a fiscal agent in accordance with re-
quirements established by the Secretary; and
‘‘(D) that practices nondiscrimination in
the provision of assistance.
‘‘(15) The term ‘project’ means a structure or
a portion of a structure that is acquired or rehabili-
tated with assistance provided under this subtitle or
with respect to which the Secretary provides tech-
nical assistance or annual payments for operation
costs.
‘‘(16) The term ‘project sponsor’ means an en-
tity that—
‘‘(A) provides housing or assistance for
homeless individuals or families by carrying out
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eligible activities under chapter 2 that are as-
sisted under this subtitle; and
‘‘(B) meets such minimum standards as
the Secretary considers appropriate.
‘‘(17) The term ‘recipient’ means a grantee
(other than a State distributing grant amounts to
State recipients) and a State recipient.
‘‘(18) The term ‘Secretary’ means the Secretary
of Housing and Urban Development.
‘‘(19) The term ‘State’ means a State of the
United States and the Commonwealth of Puerto
Rico, or any agency or instrumentality thereof that
is established pursuant to legislation and designated
by the chief executive to act on behalf of the juris-
diction with regard to provisions of this subtitle.
‘‘(20) The term ‘State recipient’ means—
‘‘(A) a unit of general local government
within a State (other than an allocation unit of
general local government) that receives grant
amounts 
from 
the 
State 
under 
section
410(b)(3); and
‘‘(B) a private nonprofit organization that
receives grant amounts from a State under sec-
tion 410(b)(4).
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‘‘(21)(A) The term ‘supportive services’ means
assistance that—
‘‘(i) addresses the special needs of home-
less person, such as deinstitutionalized persons,
families with children, persons with mental dis-
abilities, other persons with disabilities, the el-
derly, and veterans intended to be served by a
project; and
‘‘(ii) assists in accomplishing the purposes
of the different types of housing for the home-
less eligible for assistance under this subtitle.
‘‘(B) Such term includes—
‘‘(i) food services, child care, substance
abuse treatment, assistance in obtaining perma-
nent housing, outpatient health services, em-
ployment counseling, nutritional counseling, se-
curity arrangements for the protection of resi-
dents of facilities to assist the homeless, and
such other services essential for maintaining or
moving toward independent living as the Sec-
retary determines to be appropriate; and
‘‘(ii) assistance to homeless persons in ob-
taining other Federal, State, and local assist-
ance available for such individuals, including
public assistance benefits, mental health bene-
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fits, employment counseling, and medical assist-
ance.
‘‘(C) Such term does not include the provision
of major medical equipment.
‘‘(D) All or part of the supportive services may
be provided directly by the project sponsor or by ar-
rangements with other public or private service pro-
viders.
‘‘(22) The term ‘unit of general local govern-
ment’ means—
‘‘(A) a city, town, township, county, parish,
village, or other general purpose political sub-
division of a State;
‘‘(B) the District of Columbia; and
‘‘(C) any agency or instrumentality thereof
that is established pursuant to legislation and
designated by the chief executive to act on be-
half of the jurisdiction with regard to provisions
of this subtitle.
The term includes a consortium of geographically
contiguous units of general local government if the
Secretary determines that the consortium—
‘‘(i) has sufficient authority and adminis-
trative capability to carry out the purposes of
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this subtitle on behalf of its member jurisdic-
tions; and
‘‘(ii) will, according to a written certifi-
cation by the State (or State, if the consortium
includes jurisdictions in more than one State),
direct its activities to alleviation of problems of
homeless individuals or families within the
State or States.
‘‘(23) The term ‘urban county’ has the meaning
given the term in section 102(a) of the Housing and
Community Development Act of 1974.
‘‘(24) The term ‘very low-income families’ has
the same meaning given the term under section 104
of the Cranston-Gonzalez National Affordable Hous-
ing Act.
‘‘SEC. 404. PROVISION OF GRANTS.
‘‘(a) AUTHORITY
AND USE.—The Secretary may
make grants to eligible grantees in accordance with the
provisions of this subtitle. Grants under this subtitle may
be used only—
‘‘(1) to carry out activities under chapter 2 for
assisting homeless individuals and families that are
conducted to provide comprehensive homeless assist-
ance required under section 405; and
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‘‘(2) for administrative expenses, to the extent
provided in section 436.
‘‘(b) GENERAL RULE FOR AWARD OF GRANTS.—Ex-
cept as provided in subsection (c), the Secretary shall
make grants using amounts appropriated under section
402 in the manner provided in this subtitle.
‘‘(c) INSUFFICIENT APPROPRIATIONS.—
‘‘(1) TRIGGER.—If the amounts appropriated
pursuant to section 402 for any fiscal year are less
than 50 percent of the amount authorized to be ap-
propriated under such section for the year, the Sec-
retary shall use such amounts to make grants under
the provisions of this title as in effect immediately
before the enactment of the Housing and Commu-
nity Development Act of 1994.
‘‘(2) GRANT
REQUIREMENTS.—The Secretary
shall establish requirements for grants made under
this subsection, as the Secretary considers appro-
priate, that are additional or alternative to the re-
quirements under the provisions of this title as in ef-
fect immediately before the enactment of the Hous-
ing and Community Development Act of 1994.
‘‘(3) GRANT CRITERIA.—The criteria for award-
ing grants under this subsection shall include—
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‘‘(A) the extent to which there is a need
for assistance for homeless individuals and fam-
ilies in the jurisdiction in which the grant will
be used;
‘‘(B) the extent to which the activities pro-
posed to be carried out with grant amounts will
further the provision of comprehensive homeless
assistance required under section 405(b)(1);
‘‘(C) the extent to which private nonprofit
organizations providing assistance to homeless
individuals and families in the jurisdiction have
been, and will be, included in planning for the
receipt of assistance under this subtitle, the de-
velopment of the application under section 408,
and the execution of the proposed activities;
and
‘‘(D) such other criteria as the Secretary
considers appropriate to further the purposes of
this subsection and this subtitle.
‘‘(4) SET ASIDE FOR INDIAN TRIBES AND INSU-
LAR
AREAS.—In making grants under this sub-
section, the Secretary may to set aside such amounts
as the Secretary considers appropriate for grants for
Indian tribes and insular areas.
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‘‘SEC. 405. COMPREHENSIVE HOMELESS ASSISTANCE.
‘‘(a) ESTABLISHMENT
AND MAINTENANCE.—Each
applicant shall, based on information provided in the cur-
rent comprehensive affordable housing strategy for the ap-
propriate jurisdiction under section 105 of the Cranston-
Gonzalez National Affordable Housing Act or such other
plan as the Secretary may prescribe, use assistance pro-
vided under this subtitle in a manner that ensures that
comprehensive homeless assistance is established and
maintained within the jurisdiction of the applicant.
‘‘(b) REQUIREMENTS.—For purposes of this subtitle,
comprehensive homeless assistance required under this
section shall include—
‘‘(1) providing a system of outreach and assess-
ment for—
‘‘(A) determining whether an individual or
family is homeless, needs assistance to avoid
being homeless, or needs other assistance; and
‘‘(B) ensuring that individuals and families
so identified receive appropriate housing and
supportive services;
‘‘(2) providing assistance to the extent nec-
essary to avoid eviction (or foreclosure) and termi-
nation of utility services of low- and very low-income
families to prevent such families from becoming
homeless;
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‘‘(3) making emergency shelters with appro-
priate supportive services available to the extent nec-
essary to ensure that homeless individuals and fami-
lies for which such housing is appropriate receive
adequate shelter, including during any period in
which an assessment referred to in paragraph (1) is
performed for such an individual or family;
‘‘(4) making transitional housing with appro-
priate supportive services available to the extent nec-
essary to ensure that homeless individuals and fami-
lies for which such housing is appropriate are pre-
pared for increased responsibility and permanent
housing, or permanent supportive housing, after the
transition period;
‘‘(5) making permanent supportive housing,
available to the extent necessary to meet the long-
term housing needs of all homeless individuals and
families;
‘‘(6) providing assistance to meet specific needs
of various subpopulations of the homeless, especially
the unique needs of homeless veterans; and
‘‘(7) providing for coordination of assistance
provided under this subtitle and assistance provided
under other Federal, State, and local programs that
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‘‘(C) programs administered by the Sec-
retary of Labor, including programs for employ-
ment and training;
‘‘(D) programs administered by the Sec-
retary of Health and Human Services, including
programs for health care, mental health care,
social services, income support services, run-
away youth, and unfit transient facilities;
‘‘(E) programs administered by the Sec-
retary of Veterans Affairs (including programs
for compensation benefits, health care, and
mental health care, and other services and pro-
grams) that are specifically designed to assist
homeless veterans;
‘‘(F) programs administered by the Sec-
retary of Education, including programs for
adult education and education for homeless
children and youth;
‘‘(G) programs administered by the Cor-
poration for National and Community Service,
including programs for national service; and
‘‘(H) such other assistance as the Sec-
retary shall prescribe upon consultation with
the Interagency Council on the Homeless.
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‘‘SEC. 406. MATCHING REQUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), each recipient shall supplement the amount of grants
provided under this subtitle to the recipient with an equal
amount of funds from non-Federal sources, which shall
include funds from project sponsors receiving assistance
from the recipient.
‘‘(b) SUPPLEMENTAL FUNDS.—Supplemental funds
may include (1) the value of any donated material or
building, the value of any lease on a building, (2) any sal-
ary paid to staff to carry out the program of a project
sponsor, (3) the value of the time and services contributed
by volunteers to carry out the program of project sponsor
at a rate determined by the Secretary, and (4) the pro-
ceeds from bond financing validly issued by a State or unit
of general local government, agency, or instrumentality
thereof, and repayable with revenues derived from a
project assisted under this subtitle, except that not more
than 25 percent of the contribution required may be de-
rived from the proceeds of such bond financings. Any
State or local government funds used independently from
the program under this title, or designated for such use,
to assist the homeless by carrying out activities that would
be eligible for assistance under this subtitle shall be con-
sidered supplemental funds under this section.
‘‘(c) STATES.—
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‘‘(1) REQUIRED
SUPPLEMENTATION.—Except
as provided in paragraph (3), in the case of a State
administering 
grant 
amounts 
under 
section
410(b)(1)(A), in each fiscal year, the State shall
supplement the amount of grants provided under
this subtitle with an amount of funds from sources
other than this subtitle equal to the difference be-
tween the amount received under this subtitle and
$100,000.
‘‘(2) BENEFIT OF MATCH.—Each grantee that
is a State shall obtain any supplemental amounts re-
quired under paragraph (1) from State recipients re-
ceiving amounts under the grant in a manner so
that the benefit of the $100,000 subtrahend under
paragraph (1) is appropriately divided among State
recipients for which providing such supplemental
amounts would—
‘‘(A) create a significant hardship for the
recipient; or
‘‘(B) interfere with the overall purpose of
the homeless assistance program of the recipi-
ent.
‘‘(3) EXCEPTION.—If, in any fiscal year, a
State receives $100,000 or less in grant amounts
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under this subtitle, paragraph (1) shall not apply to
the State for the fiscal year.
‘‘(d) PROHIBITION OF SUBSTITUTION OF FUNDS.—
Assistance provided under this subtitle may not be used
to replace other public funds previously used, or des-
ignated for use, to assist persons who are homeless.
‘‘(e) CERTIFICATION.—Each recipient shall certify, to
the satisfaction of the Secretary, its compliance with the
provisions of this section, which shall describe the sources
and amounts of supplemental funds provided pursuant to
this section.
‘‘SEC. 
407. 
RESPONSIBILITIES 
OF 
RECIPIENTS 
AND
PROJECT SPONSORS.
‘‘(a) USE OF ASSISTANCE THROUGH PRIVATE NON-
PROFIT
ORGANIZATIONS.—Each recipient shall make
available more than 50 percent of the grant amounts it
receives for any fiscal year to project sponsors that are
private nonprofit organizations to carry out eligible activi-
ties under chapter 2, except that the Secretary may waive
the applicability of this requirement if the recipient dem-
onstrates to the Secretary that the requirement interferes
with the ability of the recipient to provide assistance under
this subtitle because of a paucity of qualified private non-
profit organizations in the jurisdiction of the recipient.
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‘‘(b) HOUSING QUALITY.—Each recipient shall en-
sure that housing assisted with grant amounts provided
under this subtitle is decent, safe, and sanitary and, when
appropriate, complies with all applicable State and local
housing codes, building codes, and licensing requirements
in the jurisdiction in which the housing is located.
‘‘(c) PREVENTION OF UNDUE BENEFIT.—The Sec-
retary may prescribe such terms and conditions as the
Secretary considers necessary to prevent project sponsors
from unduly benefiting from the sale or other disposition
of projects other than a sale or other disposition resulting
in the use of the project for the direct benefit of very low-
income families.
‘‘(d) CONFIDENTIALITY.—Each recipient shall de-
velop and implement procedures to ensure the confiden-
tiality of records pertaining to any individual provided
family violence prevention or treatment services under any
project and to ensure that the address or location or any
family violence shelter project assisted with grant amounts
under this subtitle will, except with written authorization
of the person or person responsible for the operation of
such shelter, not be made public.
‘‘(e) EMPLOYMENT OF HOMELESS INDIVIDUALS.—
To the maximum extent practicable, the Secretary shall
ensure that recipients involve, through employment, volun-
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teer services, or otherwise, homeless individuals and fami-
lies in constructing, renovating, maintaining, and operat-
ing facilities assisted with grant amounts under this sub-
title, in providing services so assisted, and in providing
services for occupants of facilities so assisted.
‘‘(f) PARTICIPATION OF HOMELESS INDIVIDUALS.—
The Secretary shall, by regulation, provide that each recip-
ient shall require each project sponsor receiving assistance
under this subtitle from the recipient to provide for the
participation of not less than one homeless individual or
formerly homeless individual on the board of directors or
other equivalent policy making entity of the project spon-
sor, to the extent that such entity considers and makes
policies and decision regarding any project, facility, serv-
ices, or other activities assisted with grant amounts under
this subtitle. A recipient may grant waivers to project
sponsors unable to meet the requirement under the pre-
ceding sentence if the project sponsor agrees to otherwise
consult with homeless or formerly homeless individuals in
considering and making such policies and decisions.
‘‘SEC. 408. APPLICATION.
‘‘(a) REQUIREMENT.—Except as otherwise provided
in section 404(c), the Secretary may make a grant under
this subtitle only to an eligible grantee that submits an
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application under this section that is approved by the Sec-
retary.
‘‘(b) FORM AND PROCEDURE.—Applications shall be
submitted in such form and in accordance with such proce-
dures as the Secretary shall, by regulation, establish.
‘‘(c) CONTENT.—An application under this section
shall—
‘‘(1) include a detailed description, based on in-
formation provided in the current comprehensive
housing affordability strategy under section 105 of
the Cranston-Gonzalez National Affordable Housing
Act for the appropriate jurisdiction or such other
plan as the Secretary may prescribe, of—
‘‘(A) the existing population of homeless
individuals and families for the jurisdiction of
the applicant; and
‘‘(B) the existing facilities and services de-
signed to assist such population;
‘‘(2) include a detailed description of the com-
prehensive homeless assistance under section 405 to
be established and maintained within the jurisdiction
of the applicant;
‘‘(3) provide an assessment of what is required
to establish and maintain the provision of com-
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prehensive homeless assistance required under sec-
tion 405 for the jurisdiction of the applicant;
‘‘(4) set forth a multiyear strategy for estab-
lishing and maintaining the provision of comprehen-
sive homeless assistance for the jurisdiction, as de-
scribed pursuant to paragraph (2), and include time-
tables, goals, and budget estimates for accomplishing
each element of the strategy;
‘‘(5) set forth a 1-year action plan that identi-
fies all activities to be carried out with assistance
under this subtitle and demonstrates how such ac-
tivities will further the strategy set forth pursuant to
paragraph (4);
‘‘(6) except in the case of an application by a
State that elects under section 410(b)(1)(A) to ad-
minister grants under this subtitle, describe the
means the applicant will use to distribute grant
amounts to project sponsors and whether such
amounts will be awarded on a competitive or non-
competitive basis;
‘‘(7) contain certifications or other such forms
of proof of commitments of financial and other re-
sources from each public agency or private nonprofit
organization that has a role in establishing and
maintaining the provision of comprehensive homeless
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assistance for the jurisdiction of the applicant, re-
quired under section 405;
‘‘(8) contain assurances satisfactory to the Sec-
retary that activities carried out under chapter 2
with grant amounts under this subtitle will comply
with the requirements of this subtitle;
‘‘(9) in the case of an application by a State
that elects to under section 410(b)(1)(A) administer
grants under this subtitle, describe the method of
distribution of such amounts to State recipients;
‘‘(10) except with respect to an application by
a State that elects to under section 410(b)(1)(A) to
administer grants under this subtitle, contain a cer-
tification from the public official responsible for sub-
mitting the comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez
National Affordable Housing Act for the State or
unit of general local government within which a
project is to be located (or such other plan as the
Secretary may require) that the proposed project is
consistent with the approved housing strategy of
such State or unit of general local government;
‘‘(11) contain a certification that the applicant
will comply with the requirements of the Fair Hous-
ing Act, title VI of the Civil Rights Act of 1964, sec-
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tion 504 of the Rehabilitation Act of 1973, and the
Age Discrimination Act of 1975, and will affirma-
tively further fair housing; and
‘‘(12) contain a certification that the applicant
will comply with the requirements of this subtitle
and other applicable laws.
‘‘(d) RELATIONSHIP TO CHAS AND CONSOLIDATED
PLAN.—In establishing requirements for applications
under this section, the Secretary shall provide that if an
applicant includes in the application information also re-
quired under the comprehensive housing affordability
strategy for the appropriate jurisdiction under section 105
of the Cranston-Gonzalez National Affordable Housing
Act or such other plan as the Secretary may require, the
requirements under such subsection regarding such infor-
mation shall be considered to be fulfilled by the submission
of the application.
‘‘SEC. 409. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) INSULAR AREAS.—In each fiscal year, from any
amounts appropriated for such year to carry out this sub-
title, the Secretary shall allocate amounts to insular areas
in accordance with an allocation formula established by
the Secretary.
‘‘(b) STATES AND ALLOCATION UNITS OF GENERAL
LOCAL GOVERNMENT.—
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‘‘(1) FORMULA ALLOCATION.—
‘‘(A) IN GENERAL.—For each fiscal year,
of the amounts that remain after amounts are
reserved for insular areas under subsection (a),
the Secretary shall allocate assistance according
to this paragraph.
‘‘(B) FORMULA.—The Secretary shall allo-
cate amounts under this paragraph using a for-
mula established by the Secretary that allocates
amounts for allocation units of general local
government and States, and for Indian tribes,
in a manner that provides that the percentage
of the total amount referred to in subparagraph
(A) for any fiscal year that is allocated for any
State or allocation unit of general local govern-
ment, or for Indian tribes, is equal to the per-
centage of the total amount available for section
106 of the Housing and Community Develop-
ment Act of 1974 for the prior fiscal year that
was allocated for such State or allocation unit
of general local government, or for Indian
tribes.
‘‘(C) MINIMUM AMOUNT.—If, in any fiscal
year, allocation under the provisions of subpara-
graphs (A) and (B) would result in any alloca-
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tion unit of general local government receiving
a grant of less than 0.05 percent of the
amounts appropriated to carry out this subtitle
for the fiscal year, such amount shall instead be
reallocated to the State for use under section
410(b).
‘‘(D) 70 PERCENT FOR UNITS OF GENERAL
LOCAL GOVERNMENT.—In each fiscal year, the
amount allocated under this paragraph for each
allocation unit of general local government shall
be the amount that results from increasing all
of the amounts determined pursuant to the pre-
ceding subparagraphs for allocation units of
general local government on a pro rata basis so
that the sum of such amounts is equal to 70
percent of the remainder of the amount appro-
priated for the year to carry out this subtitle
after amounts are allocated for insular areas
under subsection (a).
‘‘(E) 30 PERCENT FOR STATES.—In each
fiscal year, the amount allocated under this
paragraph for each State shall be the amount
that results from decreasing all of the amounts
determined pursuant to the preceding subpara-
graphs for States on a pro rata basis so that
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‘‘(3) MINIMUM STATE ALLOCATION.—Notwith-
standing paragraph (2), if, in allocating amounts for
States under paragraph (1) for any fiscal year, the
amount allocated for the year for a State is less
than $2,000,000, the allocation for the State shall
instead be $2,000,000 and the increase shall be de-
ducted pro rata from the allocations of other States.
‘‘(c) REALLOCATIONS.—Any amounts that a State or
an allocation unit of general local government is eligible
to receive for a fiscal year under subsection (b) that are
not received for use in the jurisdiction, as provided by sub-
sections (a) and (b) of section 410, or that become avail-
able as a result of actions under section 413(b), shall be
added to amounts available for allocation under this sec-
tion for the succeeding fiscal year.
‘‘SEC. 410. ADMINISTRATION OF PROGRAM.
‘‘(a) GRANTS TO ALLOCATION UNITS OF GENERAL
LOCAL GOVERNMENT, INDIAN TRIBES, AND INSULAR
AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), an allocation unit of gen-
eral local government, Indian tribe, or insular area
shall administer grant amounts for any fiscal year
received under section 409 by such grantees.
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‘‘(2) ADMINISTRATION BY DESIGNEES OF JU-
RISDICTION.—
‘‘(A) AUTHORITY TO ELECT.—An alloca-
tion unit of general local government, Indian
tribe, or insular area may elect for any fiscal
year to designate a public agency or a private
nonprofit organization (or a consortium of such
organizations) to administer grant amounts
under section 409 for the jurisdiction.
‘‘(B) 
ELECTION
REQUIREMENTS.—The
Secretary shall prescribe the manner and time
for making an election under subparagraph (A),
and shall establish criteria for the approval of
agencies and organizations designated, which
shall require such agencies and organizations to
demonstrate experience of the entity in provid-
ing assistance to homeless individuals and fami-
lies in the jurisdiction.
‘‘(C) 
DIRECT
PROVISION
OF
ASSIST-
ANCE.—The Secretary may, at the request of
the jurisdiction, provide grant amounts directly
to the agency or organization designated under
this paragraph.
‘‘(3) ADMINISTRATION BY DESIGNEES OF SEC-
RETARY.—If an allocation unit of general local gov-
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ernment, Indian tribe, or insular area, or (if appro-
priate) a public agency or private nonprofit organi-
zation designated by the jurisdiction under para-
graph (2), does not receive a grant under section
409 for any fiscal year because of failure to meet the
application requirements of section 408, the Sec-
retary may designate an agency or organization
meeting the criteria established under paragraph
(2)(B) to receive the grant.
‘‘(4) ADMINISTRATION BY SECRETARY.—If for
any fiscal year the Secretary determines that the
grant amounts allocated under section 409 for an al-
location unit of general local government, Indian
tribe, or insular area will not be used in the jurisdic-
tion as provided by the preceding provisions of this
subsection, the Secretary may administer such
amounts for the jurisdiction. The Secretary shall
prescribe such procedures and requirements as the
Secretary considers appropriate for administering
grant amounts under this paragraph.
‘‘(b) GRANTS TO STATES.—
‘‘(1) IN
GENERAL.—To receive an allocation
under section 409, each State shall elect—
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‘‘(A) to administer grant amounts received
under section 409, as provided in paragraphs
(2) and (3); or
‘‘(B) to have the Secretary administer such
grant amounts for the State, as provided in
paragraph (5).
If a State elects to administer grant amounts under
subparagraph (A), the election shall be irrevocable.
‘‘(2) STATE PROGRAM.—A State administering
grant amounts as provided in paragraph (1)(A)—
‘‘(A) shall distribute the amounts remain-
ing after use in accordance with subparagraph
(B) to State recipients for use under this sub-
title;
‘‘(B) may use up to 15 percent of the
grant amounts received under section 409 to
carry out its own homeless assistance program
under this subtitle, except that—
‘‘(i) such amounts may only be used
for eligible activities under chapter 2 for
which States are eligible recipients under
this subtitle; and
‘‘(ii) the Secretary may increase the
percentage limitation under this subpara-
graph in the case of any State homeless
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assistance program that is limited to pro-
viding assistance in areas of the State that
are not allocation units of general local
government; and
‘‘(C) may retain not to exceed 5.0 percent
of the amount to be distributed under subpara-
graph (A) to State recipients to defray the cost
of carrying out its responsibilities under this
subtitle.
Unless a State demonstrates to the satisfaction of
the Secretary that the needs for assistance for ac-
tivities under this subtitle in areas of the State that
are not allocation units of general local government
have been fulfilled, grant amounts received by State
may only be used to carry out activities in areas of
the State that do not include allocation units of gen-
eral local government.
‘‘(3) DISTRIBUTION OF AMOUNTS TO STATE RE-
CIPIENTS.—
‘‘(A) CHOICE
OF
ADMINISTRATION.—A
State administering grant amounts as provided
in paragraph (1)(A) shall, for each fiscal year,
afford each such recipient the options of—
‘‘(i) administering the grant amounts
on its own behalf;
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‘‘(ii) designating a public agency or a
private nonprofit organization (as provided
by subsection (a)(2)) to administer the
grant amounts for the jurisdiction; or
‘‘(iii) entering into an agreement with
the State, in consultation with private non-
profit organizations providing assistance to
homeless individuals and families in the ju-
risdiction, under which the State will ad-
minister the grant amounts for the juris-
diction.
A recipient may choose to exercise such options
at such time and in accordance with such cri-
teria as the Secretary may prescribe.
‘‘(B) 
DIRECT
PROVISION
OF
ASSIST-
ANCE.—A State may, at the request of the
State recipient, provide grant amounts directly
to the agency or organization designated under
subparagraph (A)(ii).
‘‘(C) DISTRIBUTION
OF
AMOUNTS.—The
State shall distribute amounts to State recipi-
ents (or to agencies or organizations designated
under subparagraph (A)(ii), as appropriate) on
the basis of an application containing such in-
formation as the State may prescribe. Each ap-
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plication shall evidence an intent to establish
and maintain the provision of comprehensive
homeless assistance in the jurisdiction of the re-
cipient, except that the State may waive this re-
quirement with respect to one or more proposed
activities, where the State determines that—
‘‘(i) the activities are necessary to
meet the needs of homeless individuals and
families within the jurisdiction; and
‘‘(ii) comprehensive homeless assist-
ance is not necessary, due to the nature
and extent of homelessness in the jurisdic-
tion.
‘‘(D) PREFERENCE
FOR
CERTAIN
STATE
RECIPIENTS.—In selecting State recipients and
making awards under subparagraph (C), the
State shall give preference to applications that
demonstrate higher relative levels of homeless
need and fiscal distress.
‘‘(4) STATE
OR
HUD
ADMINISTRATION
OF
GRANTS FOR INDIVIDUAL STATE RECIPIENTS.—If in
any fiscal year a State distributes grant amounts to
a State recipient, but the recipient fails to receive
the amounts pursuant to paragraph (3)(A), the Sec-
retary or the State, as the Secretary may provide,
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may distribute the amounts to private nonprofit or-
ganizations in the jurisdiction. If the Secretary dis-
tributes the amounts, the Secretary shall deduct the
amounts distributed from the grant provided to the
State for the fiscal year.
‘‘(5) HUD ADMINISTRATION
OF
STATE
PRO-
GRAM.—If a State elects pursuant to paragraph
(1)(B) to have the Secretary administer grant
amounts for the State received under section 409,
the Secretary may distribute grant amounts to State
recipients for the State, in accordance with require-
ments and procedures prescribed by the Secretary.
The Secretary shall establish criteria for selecting
recipients and making awards under this paragraph,
which shall include giving preference to applications
that demonstrate higher relative levels of homeless
need and fiscal distress.
‘‘SEC. 411. CITIZEN PARTICIPATION.
‘‘(a) IN GENERAL.—Each grantee who is not a State
recipient shall ensure that citizens, and appropriate pri-
vate nonprofit organizations and other interested groups
and entities, participate fully in developing and carrying
out the program for providing assistance under this sub-
title in the jurisdiction of the recipient. The Secretary
shall prescribe such requirements to carry out this section
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as the Secretary deems appropriate, which shall include
requirements applicable to the homeless assistance plan-
ning boards referred to in subsection (b) and the citizen
participation provisions of subsection (c), and the timing
of, and sequence for, carrying out the requirements of
such subsections.
‘‘(b) HOMELESS ASSISTANCE PLANNING BOARDS.—
‘‘(1) ESTABLISHMENT.—As a condition of a
grantee who is not a State recipient receiving assist-
ance under this subtitle, the chief executive officer of
the appropriate unit government in the jurisdiction
of the grantee shall establish and provide support
for the operation of a homeless assistance planning
board under this subsection.
‘‘(2) FUNCTIONS.—Each board under this sub-
section shall assist the recipient in—
‘‘(A) determining whether grant amounts
of the grantee should be administered by the
grantee, a public agency or private nonprofit or-
ganization, or the State or the Secretary, under
subsections (a) and (b) of section 410;
(B) developing the application under sec-
tion 408;
(C) overseeing the activities carried out
with assistance under this subtitle; and
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(D) evaluating the performance of the
grantee (and recipients of the grantee) in carry-
ing out such activities.
‘‘(3) MEMBERSHIP.—Each board under this
subsection shall consist of members appointed by the
chief executive officer referred to in paragraph (1)
(subject to recommendations in accordance with
paragraph (4)), and shall include—
‘‘(A) not less than one member represent-
ing homeless individuals and families;
‘‘(B) not less than one member represent-
ing homeless advocates;
‘‘(C) not less than one member represent-
ing individuals and entities providing assistance
to homeless individuals and families, including
agencies of units of general local government
providing Federal assistance;
‘‘(D) not less than one member represent-
ing the business community;
‘‘(E) not less than 1 member representing
labor;
‘‘(F) not less than one member who is a
community representative;
‘‘(G) not less than one member of the local
board established for the jurisdiction for pur-
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poses of allocating amounts under the emer-
gency food and shelter program of the Federal
Emergency Management Agency;
‘‘(H) not less than one member represent-
ing the grantee; and
‘‘(I) in the case of a grantee that is a
State—
‘‘(i) one member representing the
State agency or instrumentality dealing
with mental health; and
‘‘(ii) one member representing the
State agency or instrumentality dealing
with education.
‘‘(4) DISTRIBUTION OF MEMBERSHIP.—Not less
than 50 percent of the members of each board under
this subsection (including the members required
under subparagraphs (A), (B), (C), and (G) of para-
graph (3)) shall be members of the board that rep-
resent homeless individuals and families, homeless
advocates, or nongovernmental entities that provide
assistance to homeless individuals and families. They
shall be individuals who were recommended for
membership by individuals and entities other than a
unit of general local government or any agency
thereof.
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‘‘(5) BOARD REVIEW.—
‘‘(A) APPLICANTS.—No eligible grantee
may submit an application to the Secretary
under section 408, and no grantee may submit
to the Secretary a performance report under
subsection 413(a), unless the board under this
subsection for the jurisdiction of the grantee
has reviewed, and been provided an opportunity
to include any comments of the board in, the
application or report.
‘‘(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,
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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—
‘‘(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
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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
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
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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).
‘‘(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
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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.
‘‘(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-
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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
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-
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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
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-
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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
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-
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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-
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
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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)
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
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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-
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
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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
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;
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‘‘(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
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.
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‘‘(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.
‘‘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.
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‘‘(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
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).
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‘‘(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.
‘‘(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—
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‘‘(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
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;
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‘‘(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
‘‘(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—
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‘‘(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
‘‘(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
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‘‘(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—
‘‘(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
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‘‘(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—
‘‘(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,
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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.
‘‘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).
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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
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);
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‘‘(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—
‘‘(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
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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-
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.
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‘‘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.
‘‘Subtitle 
B—Other 
Permanent
Housing 
Assistance 
Programs
for the Homeless’’.
SEC. 812. REGULATIONS AND TRANSITION PROVISIONS.
(a) IN GENERAL.—Not later than April 1, 1995, the
Secretary of Housing and Urban Development (in this sec-
tion referred to as the ‘‘Secretary’’) shall publish final reg-
ulations to implement the amendments made by this chap-
ter. The final rule shall be published after notice and op-
portunity for public comment in accordance with section
553 of title 5, United States Code.
(b) TRANSITION PROVISIONS.—
(1) EMERGENCY SHELTER GRANTS PROGRAM.—
Notwithstanding any other provision of law, during
fiscal year 1995, the Secretary shall allocate grants
from amounts available for such year under subtitle
A of title IV of the Stewart B. McKinney Homeless
Assistance Act (as amended by this Act) in accord-
ance with the provisions of subtitle B of title IV of
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the Stewart B. McKinney Homeless Assistance Act
(Emergency Shelter Grants), as such provisions ex-
isted immediately before the enactment of this Act.
(2) FAILURE TO PUBLISH REGULATIONS.—
(A) IN GENERAL.—If the Secretary fails to
publish final regulations as provided by sub-
section (a), the Secretary shall distribute the
amounts available for fiscal year 1995 under
subtitle A of title IV of the Stewart B. McKin-
ney Homeless Assistance Act (as amended by
this Act) (excluding amounts allocated under
paragraph (1)) in accordance with the following
provisions of title IV of the Stewart B. McKin-
ney Homeless Assistance Act, as such provi-
sions existed immediately before the enactment
of this Act—
(i) subtitle C (Supportive Housing);
(ii) subtitle D (Safe Havens); and
(iii) subtitle F (Shelter Plus Care).
(B) PROCEDURE.—For purposes of award-
ing assistance under this paragraph, the Sec-
retary may, as appropriate—
(i) provide for use of a single applica-
tion; and
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(ii) publish a single notice of funding
availability.
(3) MINIMUM AMOUNTS.—The Secretary shall
determine the amount to be allocated for each of the
programs referred to in this subsection, but the
amount so allocated for each such program shall not
be less than the amount appropriated for the pro-
gram for fiscal year 1994.
(c) TECHNICAL ASSISTANCE.—Of any amounts ap-
propriated to carry out section 2 of the HUD Demonstra-
tion Act of 1993 in fiscal year 1995, the Secretary may
use not more than 10 percent for providing technical as-
sistance to assist recipients under subtitle A of title IV
of the Stewart B. McKinney Homeless Assistance Act (as
amended by this chapter) to establish a program for pro-
viding homeless assistance in accordance with the provi-
sions of such subtitle.
SEC. 813. REPORT ON SINGLE ROOM OCCUPANCY ASSIST-
ANCE.
Not later than July 1, 1995, the Secretary shall sub-
mit a report to the Congress evaluating the effectiveness
of combining the programs for assistance for single room
occupancy dwellings under sections 451 and 452 of the
Stewart B. McKinney Homeless Assistance Act (as so re-
designated and amended by this Act) into the program
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for assistance under subtitle A of title IV of such Act and,
if effective, describing how to provide such assistance
under the program under such subtitle A.
CHAPTER 
2—OTHER 
HOUSING 
ASSIST-
ANCE PROGRAMS FOR THE HOMELESS
UNDER MCKINNEY ACT
SEC. 821. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCU-
PANCY DWELLINGS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
451(a) of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11401(a)), as so redesignated by section
811(3) of this Act, is amended to read as follows:
‘‘(a) INCREASE IN BUDGET AUTHORITY.—The budg-
et authority available under section 5(c) of the United
States Housing Act of 1937 for assistance under section
8(e)(2) of such Act (as in effect immediately before Octo-
ber 1, 1991) is authorized to be increased by
$200,000,000 on or after October 1, 1994, and by
$200,000,000 on or after October 1, 1995.’’.
(b) PROGRAM CHANGES.—Section 451 of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C.
11401(a)), as so redesignated by section 811(3) of this
Act, is amended—
(1) in the second sentence of subsection (c), in
the matter preceding paragraph (1), by striking
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‘‘containing’’ and inserting the following: ‘‘for the
provision of assistance under this section that is spe-
cifically provided for in the comprehensive homeless
assistance described in the application under section
408 of the relevant eligible grantee and that con-
tains’’; and
(2) in subsection (j)(1), by inserting ‘‘recipient
under subtitle A,’’ after ‘‘authority,’’.
SEC. 822. SECTION 8 ASSISTANCE FOR SHELTER PLUS CARE
SINGLE ROOM OCCUPANCY DWELLINGS.
Title IV of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11361 et seq.) is amended by in-
serting after section 451, as so redesignated by section
811(3) of this Act, the following new section:
‘‘SEC. 452. SECTION 8 ASSISTANCE FOR SHELTER PLUS
CARE SINGLE ROOM OCCUPANCY DWELL-
INGS.
‘‘(a) PURPOSE.—The purpose of the program under
this section is to provide assistance for the moderate reha-
bilitation of single room occupancy housing to be made
available for rental, in connection with supportive services
funded from sources other than this section, to homeless
persons with disabilities (primarily persons who are seri-
ously mentally ill, have chronic problems with alcohol,
drugs, or both, or have acquired immunodeficiency syn-
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drome and related diseases) and the families of such per-
sons.
‘‘(b) MODERATE REHABILITATION ASSISTANCE.—
The Secretary may use amounts made available to carry
out this section for moderate rehabilitation of single room
occupancy housing described in section 8(l) of the United
States Housing Act of 1937 for occupancy by eligible per-
sons in accordance with this section. Such amounts may
be used in connection with the moderate rehabilitation of
efficiency units if the building owner agrees to pay the
additional cost of rehabilitating and operating the effi-
ciency units.
‘‘(c) FUNDING LIMITATIONS.—
‘‘(1) TARGETED POPULATIONS.—To the maxi-
mum extent practicable, the Secretary shall reserve
not less than 50 percent of all amounts made avail-
able to carry out this section for homeless individ-
uals who are seriously mentally ill or have chronic
problems with alcohol, drugs, or both.
‘‘(2) GEOGRAPHICAL LIMITATION.—Of the as-
sistance made available under this section for any
fiscal year, not more than 10 percent may be used
for programs located within any one unit of general
local government.
‘‘(d) SUPPORTIVE SERVICES REQUIREMENTS.—
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‘‘(1) REQUIREMENT OF MATCHING AMOUNTS.—
Each recipient of assistance under this section shall
supplement the assistance provided under this sec-
tion with an equal amount of funds for supportive
services from sources other than this section. Each
recipient shall certify to the Secretary its compliance
with this paragraph, and shall include with the cer-
tification a description of the sources and amounts
of such supplemental funds.
‘‘(2) 
DETERMINATION
OF
MATCHING
AMOUNTS.—In calculating the amount of supple-
mental funds provided under this section, a recipient
may include the value of any lease on a building, any
salary paid to staff to carry out the program of the
recipient, and the value of the time and services con-
tributed by volunteers to carry out the program of
the recipient at a rate determined by the Secretary.
‘‘(3) RECAPTURE.—If the supportive services
and funding for the supportive services required by
this subsection are not provided by a recipient, the
Secretary may recapture any unexpended housing
assistance provided under this section to the recipi-
ent.
‘‘(e) CONTRACT REQUIREMENTS.—Each contract for
annual contributions entered into by the Secretary with
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a public housing agency to obligate budget authority made
available to carry out this section shall—
‘‘(1) commit the Secretary to make the author-
ity available to the public housing agency for an ag-
gregate period of 10 years, and require that any
amendments increasing the authority shall be avail-
able for the remainder of such 10-year period;
‘‘(2) provide the Secretary with the option to
renew the contract for an additional period of 10
years, subject to the availability of authority;
‘‘(3) provide that, notwithstanding any other
provision of law, first priority for occupancy of hous-
ing rehabilitated under this section shall be given to
homeless persons; and
‘‘(4) require installation in the housing assisted
of a sprinkler system that protects all major spaces,
hard-wired smoke detectors, and any other fire safe-
ty improvements as may be required by State or
local law.
For purposes of this subsection, the term ‘major spaces’
means hallways, large common areas, and other areas
specified in local fire, building, or safety codes.
‘‘(f) APPLICATIONS.—
‘‘(1) IN GENERAL.—An application for rental
housing assistance under this section shall be sub-
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mitted by an applicant in such form and in accord-
ance with such procedures as the Secretary shall es-
tablish.
‘‘(2) MINIMUM
CONTENTS.—The 
Secretary
shall require that an application identify the need
for the assistance in the community to be served and
shall contain at a minimum—
‘‘(A) a request for housing assistance
under this section specifying the number of
units requested and the amount of necessary
budget authority;
‘‘(B) a description of the size and charac-
teristics of the population of eligible persons;
‘‘(C) an identification of the need for the
program in the community to be served;
‘‘(D) the identity of the proposed service
provider or providers (which may be, or include,
the applicant) and a statement of the qualifica-
tions of the provider or providers;
‘‘(E) a description of the supportive serv-
ices that the applicant proposes to assure will
be available for eligible persons;
‘‘(F) a description of the resources that
are expected to be made available to provide the
supportive services required by subsection (d);
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‘‘(G) a description of the mechanisms for
developing a housing and supportive services
plan for each person and for monitoring each
person’s progress in meeting that plan;
‘‘(H) reasonable assurances satisfactory to
the Secretary that the supportive services will
be provided for the full term of the housing as-
sistance under this section and a certification
from the applicant that it will fund the support-
ive services itself if the planned resources do
not become available for any reason;
‘‘(I) a certification by the public official re-
sponsible for submitting the comprehensive
housing affordability strategy under section 105
of the Cranston-Gonzalez National Affordable
Housing Act that the proposed activities are
consistent with the approved housing strategy
of the unit of general local government within
which housing assistance under this section will
be provided; and
‘‘(J) identification of the specific struc-
tures that the recipient is proposing for assist-
ance.
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‘‘(g) SELECTION CRITERIA.—The Secretary shall es-
tablish selection criteria for a national competition for as-
sistance under this section which shall include—
‘‘(1) the ability of the applicant to develop and
operate the proposed assisted housing and support-
ive services program, taking into account the quality
of any ongoing program of the applicant;
‘‘(2) geographic diversity among the projects to
be assisted;
‘‘(3) the need for a program providing housing
assistance and supportive services for eligible per-
sons in the area to be served;
‘‘(4) the quality of the proposed program for
providing supportive services and housing assistance;
‘‘(5) the extent to which the proposed funding
for the supportive services is or will be available;
‘‘(6) the extent to which the project would meet
the needs of the homeless persons proposed to be
served by the program;
‘‘(7) the extent to which the program integrates
program recipients into the community served by the
program;
‘‘(8) the cost-effectiveness of the proposed pro-
gram; and
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‘‘(9) such other factors as the Secretary speci-
fies in regulations to be appropriate for purposes of
carrying out the program established by this section
in an effective and efficient manner.
‘‘(h) PARTICIPATION OF HOMELESS INDIVIDUALS.—
The Secretary shall, by regulation, require each recipient
of assistance under this section to provide for the consulta-
tion and participation of not less than one homeless indi-
vidual or former homeless individual on the board of direc-
tors or other equivalent policymaking entity of the recipi-
ent, to the extent that such entity considers and makes
policies and decisions regarding any housing assisted
under this section or services for such housing. The Sec-
retary may grant waivers to recipients unable to meet the
requirement under the preceding sentence if the recipient
agrees to otherwise consult with homeless or formerly
homeless individuals in considering and making such poli-
cies and decisions.
‘‘(i) REQUIRED AGREEMENTS.—The Secretary may
not approve assistance under this section for an applicant
unless the applicant agrees—
‘‘(1) to operate the proposed program in ac-
cordance with the provisions of this section;
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‘‘(2) to conduct an ongoing assessment of the
housing assistance and supportive services required
by the participants in the program;
‘‘(3) to ensure the adequate provision of sup-
portive services to the participants in the program;
‘‘(4) to comply with such other terms and con-
ditions as the Secretary may establish for purposes
of carrying out the program in an effective and effi-
cient manner; and
‘‘(5) to the maximum extent practicable, to in-
volve homeless individuals and families, through em-
ployment volunteer services, or otherwise, in con-
structing or rehabilitating housing assisted under
this section and in providing services required under
this section.
‘‘(j) HOUSING STANDARDS AND RENT REASONABLE-
NESS.—
‘‘(1) STANDARDS
REQUIRED.—The Secretary
shall require that—
‘‘(A) before any assistance may be pro-
vided to or on behalf of a person, each unit as-
sisted under this section shall be inspected by
the applicant directly or by another entity, in-
cluding the local public housing agency, to de-
termine that the unit meets the housing quality
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standards under section 8 of the United States
Housing Act of 1937 and that the occupancy
charge for the dwelling unit is reasonable; and
‘‘(B) the recipient shall make at least an-
nual inspections of each unit assisted under this
section during the term of the contract for such
assistance.
‘‘(2) PROHIBITION.—No assistance may be pro-
vided under this section for a dwelling unit (A) for
which the occupancy charge is not reasonable, or (B)
which fails to meet the housing standards, unless the
owner promptly corrects the deficiency and the re-
cipient verifies the correction.
‘‘(k) TENANT RENT.—Each tenant of a dwelling unit
assisted under this section shall pay as rent an amount
determined in accordance with the provisions of section
3(a)(1) of the United States Housing Act of 1937.
‘‘(l) ADMINISTRATIVE FEES.—From amounts made
available to carry out this section, the Secretary shall
make amounts available to pay the entity administering
the housing assistance an administrative fee in an amount
determined appropriate by the Secretary for the costs of
administering the housing assistance.
‘‘(m) OCCUPANCY.—
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‘‘(1) OCCUPANCY AGREEMENT.—The occupancy
agreement between a tenant and an owner of a
dwelling unit assisted under this section shall be for
at least 1 month.
‘‘(2) VACANCY PAYMENTS.—If an eligible per-
son vacates a dwelling unit assisted under this sec-
tion before the expiration of the occupancy agree-
ment, no assistance payment may be made with re-
spect to the unit after the month that follows the
month during which the unit was vacated, unless it
is occupied by another eligible person.
‘‘(n) TERMINATION OF ASSISTANCE.—
‘‘(1) AUTHORITY.—If an eligible individual who
receives assistance under this section violates pro-
gram requirements, the recipient may terminate as-
sistance in accordance with the process established
pursuant to paragraph (2).
‘‘(2) PROCEDURE.—In terminating assistance
under this paragraph, the recipient shall provide a
formal process that recognizes the rights of individ-
uals receiving such assistance to due process of law.
‘‘(o) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
‘‘(1) The term ‘acquired immunodeficiency syn-
drome and related diseases’ has the meaning given
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such term in section 853 of the Cranston-Gonzalez
National Affordable Housing Act.
‘‘(2) The term ‘applicant’ means a State, unit
of general local government, Indian tribe, or public
housing agency.
‘‘(3) The term ‘eligible person’ means a home-
less person with disabilities (primarily persons who
are seriously mentally ill, have chronic problems with
alcohol, 
drugs, 
or 
both, 
or 
have 
acquired
immunodeficiency syndrome and related diseases)
and the family of such a person.
‘‘(4) The term ‘Indian tribe’ has the meaning
given such term in section 102 of the Housing and
Community Development Act of 1974.
‘‘(5) The term ‘nonprofit organization’ has the
meaning given such term by section 104 of the
Cranston-Gonzalez National Affordable Housing
Act, and includes community mental health centers
established as public nonprofit organizations.
‘‘(6) The term ‘person with disabilities’ has the
meaning given such term in section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act.
‘‘(7) The term ‘public housing agency’ has the
meaning given such term in section 3(b) of the Unit-
ed States Housing Act of 1937.
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‘‘(8) The term ‘recipient’ means an applicant
approved for participation in the program to provide
assistance under this section.
‘‘(9) The term ‘Secretary’ means the Secretary
of Housing and Urban Development.
‘‘(10) The term ‘seriously mentally ill’ means
having a severe and persistent mental or emotional
impairment that seriously limits a person’s ability to
live independently.
‘‘(11) The term ‘State’ means each of the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, and any other territory or
possession of the United States.
‘‘(12) The term ‘supportive services’ means as-
sistance that the Secretary determines (A) addresses
the special needs of eligible persons; and (B) pro-
vides appropriate services or assists such persons in
obtaining appropriate services, including health care,
mental health services, substance and alcohol abuse
services, child care services, case management serv-
ices, counseling, supervision, education, job training,
and other services essential for achieving and main-
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taining independent living. Inpatient acute hospital
care shall not qualify as a supportive service.
‘‘(13) The term ‘unit of general local govern-
ment’ has the meaning given such term in section
102 of the Housing and Community Development
Act of 1974.
‘‘(p) AUTHORIZATION
OF APPROPRIATIONS.—For
purposes of providing assistance under this section, there
are authorized to be appropriated $75,000,000 for fiscal
year 1995 and $75,000,000 for fiscal year 1996.’’.
SEC. 823. RURAL HOMELESSNESS GRANT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
453(l)(1) of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11408(l)(1)), as so redesignated by
section 811(3) of this Act, is amended to read as follows:
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section $30,000,000
for fiscal year 1995 and $30,000,000 for fiscal year
1996.’’.
(b) 
TRANSFER
TO
DEPARTMENT
OF
AGRI-
CULTURE.—Section 453 of the Stewart B. McKinney
Homeless Assistance Act, as so redesignated by section
811(3) of this Act, is amended—
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(1) in subsection (a), by striking ‘‘Secretary of
Housing and Urban Development’’ and inserting
‘‘Secretary of Agriculture’’; and
(2) in subsection (k), by striking paragraph (3)
and inserting the following new paragraph:
‘‘(3) The term ‘Secretary’ means the Secretary
of Agriculture.’’.
SEC. 824. 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 title IV and inserting the
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.’’.
CHAPTER 3—MISCELLANEOUS HOMELESS
HOUSING PROVISIONS
SEC. 831. FHA SINGLE FAMILY PROPERTY DISPOSITION.
Section 1407 of the Housing and Community Devel-
opment Act of 1992 (Public Law 102–550; 106 Stat.
4034) is amended by adding at the end the following new
subsection:
‘‘(d) DEMONSTRATION PROGRAM
FOR IMMEDIATE
AVAILABILITY.—
‘‘(1) 
AUTHORITY.—Notwithstanding 
sub-
sections (a) and (b), in carrying out the program re-
ferred to in subsection (a) in each of 3 States se-
lected by the Secretary of Housing and Urban De-
velopment, during the 18-month period beginning on
the date of the enactment of the Housing and Com-
munity Development Act of 1994 the Secretary shall
make any eligible property available for lease under
such program without listing and making such prop-
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erty generally available for sale for any intervening
period.
‘‘(2) DISCOUNT.—Any property made available
for sale pursuant to this subsection under the pro-
gram referred to in subsection (a) shall be made
available at a price equal to the fair market value
of the property less a 20 percent discount.
‘‘(3) STATE
AND
LOCAL
TAXES.—The provi-
sions of subsection (c) shall apply to the demonstra-
tion program under this subsection.
‘‘(4) REPORT.—Upon the expiration of the 18-
month period referred to in paragraph (1), the Sec-
retary of Housing and Urban Development shall
submit a report to the Congress analyzing the extent
to which single family properties are made available
for use by the homeless under the program referred
to in subsection (a), as carried out under subsections
(a) and (b) and as carried out under this subsection.
The report shall also analyze the effect of carrying
out the program under each of such provisions on
the Mutual Mortgage Insurance Fund.’’.
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SEC. 832. STRATEGY TO ELIMINATE UNFIT TRANSIENT FA-
CILITIES.
Section 825(b) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 11301 note) is amend-
ed—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) that States and units of general local gov-
ernment shall eliminate the use of unfit transient fa-
cilities as housing for homeless families with children
not later than July 1, 1997, in the manner provided
under the strategy.’’.
Subtitle B—Interagency Council on
the Homeless
SEC. 841. 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.
‘‘There are authorized to be appropriated to carry out
this title $1,609,890 for fiscal year 1995 and $1,658,187
for fiscal year 1996.’’.
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SEC. 842. CHAIRPERSON.
Section 202(b) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11312(b) is amended to read
as follows:
‘‘(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 Housing and Commu-
nity Development Act of 1994.
‘‘(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.’’.
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SEC. 843. EXTENSION.
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, 1996’’.
Subtitle 
C—Federal 
Emergency
Management Agency Food and
Shelter Program
SEC. 851. AUTHORIZATION OF APPROPRIATIONS.
Section 322 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11352) is amended to read as
follows:
‘‘SEC. 322. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $130,000,000 for fiscal year 1995 and
$130,000,000 for fiscal year 1996.’’.
SEC. 852. PROHIBITION OF ASSISTANCE TO ILLEGAL
ALIENS.
Section 313 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11343) is amended by adding
at the end the following new subsection:
‘‘(c) PROHIBITION
OF ASSISTANCE
TO ILLEGAL
ALIENS.—
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of law other than paragraph (2), no amounts
provided to carry out this title may be used to pro-
vide shelter, food, supportive services, or any other
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assistance to any person who, at the time the person
applies for, receives, or attempts to receive any as-
sistance from a program assisted under this title, is
not a citizen or national of the United States, a per-
manent resident alien, an asylee or asylee applicant,
a refugee, a parolee, a nonimmigrant in status under
the Immigration and Nationality Act, or admitted
with temporary protected status, a temporary resi-
dent, or a person granted family unity protection
status under such Act.
‘‘(2) EXCEPTION.—The Director may authorize
the use of amounts provided to carry out this title
for providing shelter, food, supportive services, and
other assistance for persons described in paragraph
(1) in such instances as the Director considers ap-
propriate and such use shall be subject to any rules
or guidelines established by the Director, except
that—
‘‘(A) such assistance may not be provided
for such a person for a period that exceeds 7
days; and
‘‘(B) any local government, private non-
profit organization, or other service provider
providing such assistance under this paragraph
to such a person shall notify the Immigration
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and Naturalization Service of the identity and
location of the person during the 7-day period
beginning upon the initial provision of such as-
sistance for the person.
‘‘(3) INAPPLICABILITY.—This subsection shall
not apply in the case of any disaster declared by the
President under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act.’’.
Subtitle D—Availability of Prop-
erty at Military Bases for Rede-
velopment and Homeless Use
SEC. 861. AVAILABILITY OF PROPERTY AT MILITARY BASES
FOR REDEVELOPMENT AND HOMELESS USE.
(a) AVAILABILITY OF MILITARY PROPERTY TO AS-
SIST THE HOMELESS.—Title V of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11411 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 503. SPECIAL PROCEDURES GOVERNING AVAILABIL-
ITY 
OF 
PROPERTY 
AT 
CLOSED 
OR 
RE-
ALIGNED MILITARY BASES TO ASSIST THE
HOMELESS.
‘‘(a) SOLE AUTHORITY FOR AVAILABILITY OF PROP-
ERTY.—(1) Property at a military installation closed or
realigned under a base closure law shall not be available
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for use to assist the homeless except as provided by this
section.
‘‘(2) Until after the appropriate time periods set forth
in this section have expired, the Secretary of Housing and
Urban Development shall neither request information con-
cerning buildings or property covered by paragraph (1),
nor identify such buildings or property as suitable for use
to assist the homeless pursuant to section 501(a), other
than under the procedures set forth in this section.
‘‘(3) For purposes of this section:
‘‘(A) The term ‘base closure law’ means the De-
fense Authorization Amendments and Base Closure
and Realignment Act (title II of Public Law 100–
526; 10 U.S.C. 2687 note) and the Defense Base
Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687
note).
‘‘(B) The term ‘community’ means the political
jurisdictions that comprise the redevelopment au-
thority established with respect to a military instal-
lation to be closed or realigned under a base closure
law.
‘‘(b) IDENTIFICATION AND NOTIFICATION OF PROP-
ERTY FOR REDEVELOPMENT.—(1) Not later than the date
on which the Secretary of Defense completes the final de-
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termination under a base closure law regarding whether
another department or agency of the Federal Government
has identified a use for any portion of a military installa-
tion to be closed or realigned under such base closure law,
the Secretary of Defense shall—
‘‘(A) complete any determinations or surveys
necessary to identify whether any building or prop-
erty described in paragraph (2) at such installation
is excess property, surplus property, or unutilized or
underutilized property;
‘‘(B) submit to the Secretary of Housing and
Urban Development written notice containing infor-
mation on such buildings or property and specifying
the redevelopment authority that exists with respect
to the installation; and
‘‘(C) submit to the redevelopment authority
with respect to the installation written notice of the
properties available for use in developing a reuse
plan pursuant to subsection (d).
‘‘(2) The buildings and property referred to in para-
graph (1)(A) are any buildings or property located at the
installation involved for which no use is identified, or of
which no Federal department or agency will accept trans-
fer, pursuant to the final determination of transferability
referred to in paragraph (1).
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‘‘(3) Notice submitted to the Secretary of Housing
and Urban Development under paragraph (1)(B) regard-
ing excess property, surplus property, or unutilized or
underutilized property at a military installation shall be
available only for the purpose of permitting the redevelop-
ment authority with respect to the installation to develop
a reuse plan for the property that makes available a rea-
sonable amount of property or assistance to the homeless
in the community.
‘‘(4) Within 60 days after receiving a written notice
under paragraph (1)(B), the Secretary of Housing and
Urban Development shall publish in the Federal Register
information regarding the property described in the notice
and available for use to develop a reuse plan pursuant to
subsection (d) and information specifying the redevelop-
ment authority responsible for preparing the reuse plan
under subsection (d).
‘‘(c) PERIOD FOR DEVELOPMENT OF REUSE PLAN.—
(1) The Secretary of Defense shall give each redevelop-
ment authority that receives a written notice under sub-
section (b)(1)(C) a one-year period from the date of the
receipt of the notice in which to develop a reuse plan under
subsection (d) for the buildings and property identified in
the notice.
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‘‘(2) The Secretary of Defense may extend the period
provided under paragraph (1) for not more than an addi-
tional 6 months to permit a redevelopment authority to
complete its reuse plan.
‘‘(d) REUSE PLAN TO MEET THE NEEDS OF THE
HOMELESS.—(1) Not later than the end of the period pro-
vided under subsection (c) to a redevelopment authority,
the redevelopment authority shall submit in writing to the
Secretary of Defense and the Secretary of Housing and
Urban Development a reuse plan for the buildings and
property identified in the written notice submitted to the
redevelopment authority under subsection (b)(1)(C) at the
military installation for which the redevelopment authority
is established. The reuse plan may be a part of, or a sup-
plement to, the redevelopment plan otherwise authorized
under a base closure law for a military installation.
‘‘(2) The reuse plan shall include provisions for use
to assist the homeless, shall enumerate homeless providers
and public agencies consulted regarding the plan, and
shall include a commitment to enter into legally binding
agreements to make available a reasonable amount of
property or assistance to the homeless in the community.
Such property may consist of buildings and property lo-
cated at the military installation to be closed or realigned
or off of the installation.
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‘‘(e) REVIEW OF REUSE PLAN BY SECRETARY OF
HOUSING
AND URBAN DEVELOPMENT.—(1) The Sec-
retary of Defense shall consider a reuse plan submitted
under subsection (d) for purposes of disposal of property
at the military installation for which the reuse plan is de-
veloped unless the Secretary of Housing and Urban Devel-
opment, within 60 days of receipt of the reuse plan, deter-
mines under paragraph (2) that the reuse plan does not
make available a reasonable amount of property or assist-
ance to the homeless in the community involved.
‘‘(2) The Secretary of Housing and Urban Develop-
ment shall determine that a reuse plan makes available
a reasonable amount of property and assistance to the
homeless within the community involved if—
‘‘(A) the reuse plan includes a commitment to
enter into legally binding agreements to provide as-
sistance to the homeless within the community;
‘‘(B) the reuse plan balances the need for pro-
viding property and assistance to the homeless with
the overall reuse plan for the military installation;
‘‘(C) the reuse plan was developed in consulta-
tion with local representatives of the homeless, in-
cluding representatives of the applicable homeless
assistance planning board established under section
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411(b) and representatives of local nongovernmental
homeless providers;
‘‘(D) the reuse plan is consistent with the com-
prehensive housing affordability strategy under sec-
tion 105 of the Cranston-Gonzalez National Afford-
able Housing Act; and
‘‘(E) the reuse plan specifies the manner in
which property or assistance will be made available
for homeless assistance.
‘‘(3) In making a determination under paragraph (2)
with respect to a reuse plan, the Secretary of Housing and
Urban Development shall—
‘‘(A) consider the population of homeless in the
community involved, the extent of current services to
assist the homeless within the community, the extent
of the commitment of resources by local govern-
ments in the community to assist the homeless with-
in the community, the need for additional services to
assist the homeless within the community, and the
suitability of the property for serving the needs of
the homeless; and
‘‘(B) solicit and consider comments on the
reuse plans from homeless persons or their rep-
resentatives in the community.
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‘‘(f) EFFECT OF FAILURE TO MEET THE NEEDS OF
THE HOMELESS.—If the Secretary of Housing and Urban
Development determines under subsection (e) that a reuse
plan does not make available a reasonable amount of prop-
erty or assistance to the homeless in the community in-
volved, the Secretary shall submit to the redevelopment
authority submitting the reuse plan and to the Secretary
of Defense a report containing the reasons for the deter-
mination. The Secretary of Housing and Urban Develop-
ment shall submit the report within 30 days of making
the determination.
‘‘(2) A redevelopment authority shall have an addi-
tional 6 months from the date of receipt of a report under
paragraph (1) to resubmit to the Secretary of Housing
and Urban Development and the Secretary of Defense a
final reuse plan which will reasonably address the needs
of the homeless, as identified by the Secretary of Housing
and Urban Development under paragraph (1).
‘‘(3) If the Secretary of Housing and Urban Develop-
ment determines that a final reuse plan submitted under
paragraph (2) fails to reasonably address the needs of the
homeless, the Secretary shall, within 30 days of making
such determination, identify those buildings and other
property covered by the reuse plan that are suitable and
available for use to assist the homeless. The Secretary
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shall make such identification according to section 501(a).
Buildings and property identified as suitable and available
for use to assist the homeless under this paragraph shall
be made available for such purposes under section 501.
‘‘(g) EFFECT OF ABSENCE OF REDEVELOPMENT AU-
THORITY OR EXCLUSION FROM REUSE PLAN.—In the
case of buildings or property to be disposed under a base
closure law, but for which no reuse authority is identified
by the Secretary of Defense or which are not included in
a final reuse plan submitted by a reuse authority, the Sec-
retary of Housing and Urban Development shall deter-
mine the suitability of such buildings or property for use
to assist the homeless according to section 501(a). Build-
ings and property identified as suitable and available for
use to assist the homeless under this paragraph shall be
made available for such purposes under section 501.
‘‘(h) APPLICATION OF SECTION.—(1) Except as pro-
vided in paragraph (2), this section shall apply only with
respect to property, at a military installation to be closed
or realigned under a base closure law, that has not been
included, as of July 1, 1994, in a list published by the
Secretary of Housing and Urban Development under sec-
tion 501(c)(1)(A).
‘‘(2) In the case of the military installations specified
in paragraph (3), this section shall apply with respect to
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the disposal of all property at the installations regardless
of the date on which property at such installations was
included in a list published by the Secretary of Housing
and Urban Development under section 501(c)(1)(A).
‘‘(3) The military installations referred to in para-
graph (2) are as follows:
‘‘(A) Cameron Station Military Garrison, Alex-
andria, Virginia.
‘‘(B) Manhattan Beach, New York, New York.
‘‘(C) Naval Station New York.’’.
(b) CONFORMING AMENDMENT TO BASE CLOSURE
LAWS.—(1) Section 204(b)(6) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act
(title II of Public Law 100–526; 10 U.S.C. 2687 note)
is amended by adding at the end the following new sub-
paragraph:
‘‘(H) This paragraph shall apply only with respect
to buildings and property at a military installation to be
closed or realigned under this title that has been included,
before July 1, 1994, in a list published by the Secretary
of Housing and Urban Development under section
501(c)(1)(A) of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11411(c)(1)(A)). This paragraph
shall not apply to property at an installation specified in
section 503(h)(3) of such Act.’’.
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(2) Section 2905(b)(6) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note) is amended
by adding at the end the following new subparagraph:
‘‘(H) This paragraph shall apply only with respect
to buildings and property at a military installation to be
closed or realigned under this part that has been included,
before July 1, 1994, in a list published by the Secretary
of Housing and Urban Development under section
501(c)(1)(A) of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11411(c)(1)(A)). This paragraph
shall not apply to property at an installation specified in
section 503(h)(3) of such Act.’’.
TITLE IX—ASSURANCE AGAINST
COST SHIFTING
SEC. 901. ASSURANCE AGAINST COST SHIFTING.
Notwithstanding section 852 of this Act, none of the
funds made available in this Act may be used to imple-
ment, administer, or enforce any requirement or restric-
tion established in this Act when the requirement or re-
striction—
(1) is based on immigration status; and
(2) either—
(A) imposes any additional administrative
burden on (i) the Federal Government; (ii) any
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State or local government; or (iii) any contrac-
tor or grantee receiving such funds; or
(B) shifts the cost of providing any service
from the Federal Government to (i) any State
or local government; or (ii) any contractor or
grantee receiving such funds.
There are authorized to be appropriated such sums as may
be necessary to carry out section 852 of this Act.
Passed the House of Representatives July 22, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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