Stewart B. McKinney Homeless Assistance Amendments Act of 1990
PL 101-645 (H.R.3789), enacted 11/29/1990

PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4673 
Public Law 101-645 
101st Congress 
An Act 
To amend the Stewart B. McKinney Homeless Assistance Act to extend programs 
Nov. 29, 1990 
providing urgently needed assistance for the homeless, emd for other purposes. 
[H.R. 3789] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Stewart B. 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
Homeless 
(a) SHORT TITLE.—This Act may be cited as the "Stewart 
Amendments 
B. McKinney Homeless Assistance Amendments Act of 1990". 
Act of 1990. 
0)) TABLE OF CONTENTS.— 
42 use 11301 
Sec. 1. Short title and table of contents. 
note. 
TITLE I—INTERAGENCY COUNCIL ON THE HOMELESS 
Sec. 101. Technical amendment. 
Sec. 102. Authorization of appropriations. 
Sec. 103. Extension of Interagency Council. 
TITLE II—FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER 
PROGRAM 
Sec. 201. Authorization of appropriations. 
Sec. 202. Indian members of local boards. 
TITLE III—HOUSING ASSISTANCE 
Subtitle A—Revised McKinney Act 
Sec. 301. Amendment to McKinney Act. 
Sec. 302. Definition of "homeless person". 
Sec. 303. Transitional rule. 
Sec. 304. Strategy to eliminate unfit transient facilities. 
Subtitle B—Amendments to Current Program 
Sec. 311. Comprehensive homeless assistance plan. 
Sec. 312. Emergency shelter grants program. 
Sec. 313. Supportive housing demonstration program. 
Sec. 314. Supplemental assistance for facilities to assist the homeless. 
Sec. 315. Section 8 assistance for single room occupancy dwellings. 
Sec. 316. Housing affordability strategy requirement. 
Sec. 317. Shelter plus care. 
Subtitle C—Effective Date 
Sec. 321. Effective date. 
TITLE IV—USE OF PUBLIC REAL PROPERTY TO ASSIST THE HOMELESS 
AND CENSUS STUDY 
Sec. 401. Use of certain public real property to assist the homeless. 
Sec. 402. Study of the counting of the homeless for the national census. 
TITLE V—HEALTH CARE FOR THE HOMELESS 
Subtitle A—Categorical Grants for Primary Health Services and Substance Abuse 
Services 
Sec. 501. Waiver for certain organizations of requirement of status as medicaid 
provider. 
Sec. 502. Authorization of appropriations. 
Sec. 503. Establishment of program regarding primary health services for homeless 
children. 
104 STAT. 4674 
PUBLIC LAW 101-645—NOV. 29, 1990 
Subtitle B—Formula Grants to States for Assistance Hoarding Transition From 
Homelessness 
Sec. 511. Establishment of program. 
Subtitle C—Authorization of Appropriations for Community Demonstration Projects 
Sec. 521. Mental health services for homeless individuals with chronic mental 
Ulness. 
Sec. 522. Alcohol and drug abuse treatment of homeless individuals. 
TITLE VI—EDUCATION, TRAINING, COMMUNITY SERVICE, AND FAMILY 
SUPPORT 
Sec. 601. Short title. 
Sec. 602. Definition of homeless. 
Subtitle A—Provisions Relating to Literacy and Education 
Sec. 611. Statewide literacy initiative. 
Sec. 612. Education for homeless children and youth. 
Sec. 613. Reporting requirement. 
Subtitle B—Job Training for the Homeless 
Sec. 621. Reauthorization of certain programs within the Stew£irt B. McKinney 
Homeless Assistance Act. 
Sec. 622. Job Training Partnership Act. 
Subtitle C—Emergency Community Services Homeless Grant Program 
Sec. 631. Emergency community services homeless grant program. 
Subtitle D—Evaluation and Reports 
Sec. 641. Evaluation and reports. 
Subtitle E—Homeless Prevention Demonstration Programs 
Sec. 651. Family support centers. 
Subtitle F—Preventive Services Regarding Children of Homeless Families or 
Families at Risk of Homelessness 
Sec. 661. Certain preventive services regarding children of homeless families or 
families at risk of homelessness. 
TITLE VII—VETERANS PROGRAMS 
Sec. 701. Medical programs. 
TITLE I—INTERAGENCY COUNCIL ON THE 
HOMELESS 
SEC. 101. TECHNICAL AMENDMENT. 
Section 202(a) of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11312(a)) is amended— 
(1) by striking paragraph (15); 
(2) by redesignating paragraphs (11), (12), (13), and (14) as 
paragraphs (12), (13), (14), and (15), respectively; and 
(3) by inserting after paragraph (10) the following new 
paragraph: 
"(11) The Secretary of Veterans Affairs, or the designee of the 
Secretary.". 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
Section 208 of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11318) is amended to read as follows: 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4675 
"SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this title 
$1,200,000 for fiscal year 1991 and $1,300,000 for fiscal year 1992.". 
SEC. 103. EXTENSION OF INTERAGENCY COUNCIL. 
Section 209 of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11319) is amended by striking "October 31, 1990" and 
inserting "October 1,1992". 
TITLE II—FEDERAL EMERGENCY MAN-
AGEMENT FOOD AND SHELTER PRO-
GRAM 
SEC. 201. 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 
$150,000,000 for each of fiscal years 1991 and 1992.". 
SEC. 202. INDIAN MEMBERS OF LOCAL BOARDS. 
(a) REQUIREMENT FOR AMERICAN INDIAN MEMBER.—The second 
sentence of section 302(a) of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11332(a)) is amended by striking the period 
at the end and inserting the following: ", and except that each local 
board administering program funds for a locality within which is 
located a reservation (as such term is defined in section 3(d) of the 
Indian Financing Act of 1974 (25 U.S.C. 1452(d)), or a portion 
thereof, shall include a board member who is a member of an Indian 
tribe (as such term is defined in section 102(aX17) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5302(aX17)).". 
(b) IMPLEMENTATION.—Each local board under the Emergency 
42 use 11332 
Food and Shelter Program whose membership shall include a note. 
member of an Indian tribe by reason of the amendment made by 
subsection (a) shall comply with the requirement made by such 
amendment not later than the expiration of the 30-day period 
beginning on the date of the enactment of this Act. 
TITLE III—HOUSING ASSISTANCE 
Subtitle A—Revised McKinney Act 
SEC. 301. AMENDMENT TO MCKINNEY ACT. 
(a) IN GENERAL.—Title IV of the Stewart B. McKinney Homeless 
Assistance Act is amended to read as follows: 
104 STAT. 4676 
PUBLIC LAW 101-645—NOV. 29, 1990 
"TITLE IV—HOUSING ASSISTANCE 
"Subtitle A—General Provisions 
"SEC. 401. PURPOSE. 
"The purpose of this title is to expand the Federal commitment to 
alleviate homelessness in this Nation by providing States, Indian 
tribes, and localities with the resources to— 
"(1) help very low-income families avoid becoming homeless; 
"(2) meet the emergency shelter needs of homeless persons 
and families; 
"(3) provide transitional housing to facilitate the movement of 
homeless persons and families to independent living; 
"(4) provide specialized permanent housing for homeless per-
sons who require a supportive living environment; and 
"(5) provide supportive services to help homeless persons and 
families lead independent and dignified lives. 
"SEC. 402. DEFINITIONS. 
"For purposes of this title— 
"(1) The term 'assistance' means grants to assist the acquisi-
tion, lease, renovation, substantial rehabilitation, operation, or 
conversion of facilities to assist the homeless, grants for 
moderate rehabilitation, grants for other purposes, and other 
assistance made eligible under section 405 and subtitle B. 
"(2) The term 'emergency activities* means supportive serv-
ices that are provided in an emergency shelter developed in 
accordance with section 412. 
"(3) The term 'families' has the same meaning given the term 
under section 3(bX2) of the United States Housing Act of 1937. 
"(4) The term 'grantee' means— 
"(A) a State or unit of general local government receiving 
grants from the Secretary under section 403(a); 
"(B) a group of geographically contiguous local govern-
ments that have formed a consortium that, in the deter-
mination of the Secretary— 
"(i) has sufficient authority and administrative 
capability to act on behalf of its member jurisdictions 
in carrying out the provisions of section 403(a), and 
"(ii) is comprised only of jurisdictions that have re-
ceived a formula allocation for the fiscal year, and 
"(C) for purposes of section 406 and subsections (a), (b), (c), 
and (f) of section 407, an Indian tribe, Indian housing 
authority, or a private nonprofit organization receiving a 
direct grant under section 405. 
"(5) TTie term 'person with disabilities' has the same meaning 
given the term in section 811 of the Cranston-Gonzalez National 
Affordable Housing Act. 
"(6) The term 'homeless person with disabilities' means a 
person with disabilities who is a homeless person within the 
meaning of section 103, is at risk of becoming a homeless 
person, or has been a resident of transitional housing carried 
out pursuant to this Act or the provisions made effective by 
section 101(g) of Public Law 99-500 or Public Law 99-591. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4677 
"(7) The term 'locality' means the geographical area within 
the jurisdiction of a \QCS1 government. 
"(8) The term 'operating costs' means expenses incurred by a 
project sponsor operating any housing assisted under this title 
with respect to— 
"(A) the administration, maintenance, repair, and secu-
rity of such housing; and 
(B) utilities, fuels, furnishings, and equipment for such 
housing. 
"(9) The term 'operating costs' includes expenses incurred by 
a project sponsor operating transitional housing under this title 
with respect to— 
"(A) the conducting of the assessment required by section 
413(cXlXB); and 
"(B) the provision of supportive services to the residents 
of such housing. 
"(10) The term 'outpatient health services' means outpatient 
health care, outpatient mental health services, outpatient sub-
stance abuse services, and case management services. 
"(11) 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 requirements established by 
the Secretary; and 
"(D) that practices nondiscrimination in the provision of 
assistance. 
"(12) The term 'project' means a structure or a portion of a 
structure that is acquired or rehabilitated with assistance pro-
vided under this title or with respect to which the Secretary 
provides technical assistance or annual payments for operating 
costs. 
"(13) The term 'project sponsor' means any governmental or 
private nonprofit organization that— 
"(A) receives assistance from the Secretary or from a 
grantee under section 403(a), 
"(B) is approved by the grantee as to financial responsibil-
ity, and 
"(C) is directly responsible for the administration of 
assistance provided under this title. 
Each project sponsor shall act as the fiscal agent of the Sec-
retary with respect to assistance provided to such project spon-
sor under this title. 
"(14) The term 'Secretary' means the Secretary of Housing 
and Urban Development. 
"(15) The term 'State' means a State of the United States, the 
District of Columbia, and the Commonwealth of Puerto Rico, or 
any agency or instrumentality thereof that is established pursu-
ant to legislation and designated by the chief executive to act on 
behalf of the jurisdiction with regard to provisions of this Act. 
"(16XA) The term 'supportive services' means assistance 
designed by a project sponsor that— 
"(i) addresses the special needs of homeless persons, such 
as deinstitutionalized persons, families with children, per-
sons with mental disabilities, other persons with disabil-
104 STAT. 4678 
PUBLIC LAW 101-645—NOV. 29, 1990 
ities, the elderly, and veterans intended to be served by a 
project; and 
"(ii) assists in accomplishing the purposes of the different 
t3T)es of housing for the homeless made eligible under this 
subtitle. 
"(B) The term includes— 
"(i) food services, child care, substance abuse treatment, 
assistance in obtaining permanent housing, outpatient 
health services, employment counseling, nutritional coun-
seling, security arrangements for the protection of residents 
of facilities to assist the homeless, and such other services 
essential for maintaining or moving towards independent 
living as the Secretary determines to be appropriate; and 
"(ii) assistance to homeless persons in obtaining other 
Federal, State, and local assistance available for such 
individuals, including public assistance benefits, mental 
health benefits, employment counseling, and medical 
assistance. 
"(C) Such term does not include the provision of major medi-
cal equipment. 
"(D) AH or part of the supportive services may be provided 
directly by the project sponsor or by arrangements with other 
public or private service providers. 
"(17) The term 'unit of general local government' means smy 
city, town, township, county, parish, village, or other general 
purpose subdivision of a State; Guam, the Northern Mariana 
Islands, the Virgin Islands, American Samoa, the Federated 
States of Micronesia and Palau, the Marshall Islands, or a 
general purpose political subdivision thereof; a consortium; and 
any other territory or possession of the United States. 
"(18) The term 'consortium' means a group of geographically 
contiguous local governments that the Secretary determines— 
"(A) has sufficient authority and administrative capability 
to act on behalf of its member jurisdictions in carrjdng out 
the provisions of section 403(a); and 
"(B) is comprised only of jurisdictions that have received a 
formula allocation for the fiscal year. 
"(19) The term 'very low-income families' has the same mesm-
ing given the term under section 104 of the Cranston-Gonzalez 
National Affordable Housing Act. 
"(20) The terms 'Indian tribe' and 'Indian housing authority' 
have the same meanings as in section 3 of the United States 
Housing Act of 1937. 
"SEC. 403. GENERAL AUTHORITY. 
"(a) GRANTS FOR HOMELESS HOUSING ASSISTANCE.— 
"(1) IN GENERAL.— 
"(A) GRANTS AUTHORIZED.—The Secretary shall, to the 
extent of amounts approved in appropriations Acts under 
section 408, make grants to States and units of general local 
government and to eligible applicants under section 405 in 
order to (i) carry out activities designed to meet the emer-
gency, transitional, and permanent housing needs of the 
homeless, (ii) help very low-income families and persons 
avoid becoming homeless, and (iii) help homeless families 
and persons make the transition to permanent housing. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4679 
Government 
contracts. 
"(B) STRATEGY REQUIRED.—A jurisdiction shall be eligible 
to receive a grant only if it has obtained an approved 
housing strategy (or an approved abbreviated housing strat-
egy) in accordance with section 105 of the Cranston-Gron-
zalez National Affordable Housing Act. 
"(C) USE OF PROJECT SPONSORS.—A grantee shall carry out 
activities authorized under this subsection through con-
tracts with project sponsors, except that a grantee that is a 
State shall obtain the approval of the unit of general local 
government for the locality in which a project is to be 
located prior to entering into such contracts. 
"(2) ALLOCATION OF RESOURCES.—The amounts approved in 
appropriations Acts under section 408 shall be allocated in 
accordance with a formula established under section 404. 
"(b) EuGiBLE ACTIVITIES.—Grants under this title shall be avail-
able only for approved activities. Approved activities shall include— 
"(1) the provision of assistance to help very low-income fami-
lies avoid becoming homeless in accordance with section 411; 
"(2) the development of emergency shelters for the homeless 
in accordance with section 412; 
"(3) the development of transitional housing to facilitate the 
transition of homeless persons to independent living in accord-
ance with section 413; 
"(4) the development of permanent housing for homeless 
persons with disabilities in accordance with section 414; 
"(5) the provision of assistance to help very low-income fami-
lies who are residing in emergency shelter or transitional hous-
injg make the transition to permanent housing in accordance 
with section 415; and 
"(6) such other activities that the Secretary develops in 
cooperation with grantees in accordance with section 416. 
The Secretary shall establish standards and guidelines for approved 
activities. The Secretary shall permit grantees to refine and adapt 
such standards and guidelines for individual projects, where such 
refinements and adaptations are made necessary by locEil cir-
cumstances. 
"(c) LIMITATIONS.— 
"(1) PREVENTION.—A grantee may use not more than 30 
percent 
of grants 
allocated 
under 
subsection 
(a) for 
homelessness prevention activities as defined in section 411. 
"(2) EMERGENCY ACTIVITIES.—A grantee may use not more 
than 30 percent of the grants allocated in accordance with 
subsection (a) for emergency activities as defined in section 412. 
The Secretary may approve a higher limitation if the grantee 
demonstrates that other approved activities under this subpara-
graph are already being carried out in the jurisdiction with 
other resources. 
"(d) SRO RENOVATION.—The Secretary shall, to the extent of 
amounts approved in appropriations Acts for the programs au-
thorized under section 421, provide rental assistance to public hous-
ing agencies or other contracting agencies for the renovation of 
single room occupancy dwellings in accordance with subtitle C. 
"SEC. 404. ALLOCATION FORMULA. 
"Subject to section 3030b) of the Stewart B. McKinney Homeless Regulations. 
Assistance Amendments Act of 1990, the Secretary shall issue regu-
lations establishing an allocation formula, if any, that reflects each 
39-194 O - 91 - 10 : QL 3 Part 6 
104 STAT. 4680 
PUBLIC LAW 101-645—NOV. 29, 1990 
jurisdiction's share of the Nation's need for housing assistance for 
the homeless. 
"SEC. 405. DISCRETIONARY ALLOCATION. 
Grant 
"(a) IN GENERAL.—In addition to grants otherwise authorized by 
programs. 
this title, the Secretary is authorized to make grants to eligible 
applicants to meet urgent needs of homeless persons that are not 
being met by available public and private sources in areas with an 
unusually high incidence of homelessness. For purposes of this 
section, the term 'eligible applicant' means a grantee, Indian tribe, 
Indian housing authority or private nonprofit organization, except 
that a grantee shall not be permitted to submit an application if the 
Secretary finds that the grantee is in noncompliance with sections 
406 and 407. 
"(b) EuGiBLE ACTIVITIES.—Assistance provided under this section 
may be used for approved activities under subtitle B and for— 
"(1) the purchase, lease, rehabilitation, renovation, operation, 
or conversion of facilities to assist the homeless; 
"(2) the transitional provision of supportive services designed 
to meet special needs of homeless persons, including families 
with children, deinstitutionalized persons, persons with mental 
disabilities, other persons with disabilities, the elderly, and 
veterans; and 
"(3) the provision of supplemental assistance to projects as-
sisted under sections 412 and 413 if such assistance is required 
to meet the special needs of homeless persons residing in such 
projects. 
"(c) APPUCATIONS.—Assistance under this section shall be allo-
cated among approvable applications submitted by eligible ap-
plicants. Applications for assistance under this section shall be 
submitted by an applicant in such form and in accordance with such 
procedures as the Secretary shall establish. Such applications shall 
contain— 
"(1) a description of the proposed activities; 
"(2) a description of the size and characteristics of the home-
less population that would be served by the proposed activities; 
"(3) a description of the public and private resources that are 
expected to be made available in connection with the proposed 
activities; 
"(4) assurances satisfactory to the Secretary that any prop-
erty purchased, leased, rehabilitated, renovated, or converted 
with assistance under this section (except for property to be 
used as emergency shelter in accordance with section 412) shall 
be operated for not less than 10 years for the purpose specified 
in the application; 
"(5) evidence in a form acceptable to the Secretary that the 
proposed activities will meet urgent needs of homeless persons 
that are not being met by available public and private sources; 
"(6) if submitted by a private nonprofit organization, a certifi-
cation from the public official responsible for submitting a 
housing strategy in accordance with section 105 of the Cranston-
Gonzalez National Affordable Housing Act that the application 
is consistent with the approved housing strategy; and 
"(7) such other information or certifications that the Sec-
retary determines to be necessary to achieve the purposes of 
this section. 
"(d) SELECTION CRITERIA.— 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4681 
"(1) IN GENERAL.—The Secretary shall establish selection cri-
teria for assistance under this subsection, which shall prin-
cipally take into account— 
"(A) the extent to which the proposed activities meet 
urgent needs of homeless persons that are not being met by 
available public and private sources; 
"(B) the extent to which the area in which the proposed 
activities are to be carried out is an area with an unusually 
high incidence of homelessness; and 
"(C) the extent to which such area is not being served by 
current programs to assist homeless persons. 
"(2) ADDITIONAL CRITERIA.—Selection criteria established by 
the Secretary shall also take into account— 
"(A) the extent to which the proposed activities would 
make available as housing for homeless persons property 
owned by the Federal Government, a State, a unit of gen-
eral local government, or other public entity, including in 
rem property, public buildings, and public land; 
"(B) the extent to which the proposed activities would be 
carried out in a jurisdiction that has demonstrated 
exemplary coordination among State and local Eigencies 
administering housing, child welfare, and public assistance 
activities; 
"(C) the extent to which the applicant has demonstrated 
the capacity to carry out the proposed activities; and 
"(D) such other factors as the Secretary determines to be 
appropriate to ensure that funds made avEiilable under this 
section are used effectively. 
"(e) SPECIAL RULES FOR SUPPLEMENTAL ASSISTANCE FOR FACILITIES 
To ASSIST THE HOMELESS.— 
"(1) IN GENERAL.—The Secretary may not provide assistance 
under subsection (bX3) unless the Secretary determines that— 
"(A) the applicant has made reasonable efforts to utilize 
all available local resources and resources available under 
the other provisions of this title; and 
"(B) other resources are not sufficient or are not available 
to carry out the purpose for which the assistance is being 
sought. 
No assistance provided under subsection (bX3) may be used to 
supplant any non-Federal resources provided with respect to 
any project. 
(2) HEALTH SERVICES.—Not more than $10,000 of any grant or 
advance under subsection (bX3) may be used for outpatient 
health services (excluding the cost of any rehabilitation or 
conversion of a structure to accommodate the provision of such 
services). 
"(3) GuiDEUNES.—The Secretary of Housing and Urban Devel-
opment and the Secretary of Health and Human Services shall 
jointly establish guidelines for determining under this section 
the appropriateness of proposed outpatient health services. 
Such guidelines shall include such provisions as are necessary 
to enable the Secretary of Housing and Urban Development to 
meet the time limits under this section for the final selection of 
applications for assistance. 
"SEC. 4
0
6
. 
RESPONSIBILITIES 
OF 
GRANTEES AND 
PROJECT SPONSORS. 
"(a) MATCHING REQUIREMENTS.— 
104 STAT. 4682 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(1) IN GENERAL.—Each grantee shall be required to supple-
ment the grants provided under this title for acquisition, 
rehabilitation, or construction activities, except for assistance 
described in section 421, with an equal amount of funds from 
non-Federal sources. Each grantee shall certify to the Secretary 
its compliance with this subsection, describing the sources and 
amounts of such supplemental funds. Supplemental funds may 
include the value of any donated material or building, the value 
of any lease on a building, any salary paid to staff to carry out 
the program of a project sponsor, and the value of the time and 
services contributed by volunteers to carry out the program of a 
project sponsor at a rate determined by the Secretary. 
"(2) STATE MATCHING REQUIREMENT.—Each grantee under this 
title that is a State shall be required to supplement the assist-
ance provided under this title with an amount of funds from 
sources other than this title equal to the difference between the 
amount received under this title and $100,000. If the amount 
received by the State is $100,000 or less, the State may not be 
required to supplement the assistance provided under this title. 
"(3) BENEFIT OF MATCH.—A State grantee shall obtain any 
matching amounts required under paragraph (2) in a manner so 
that local governments, Indian tribes, agencies, and local non-
profit organizations receiving assistance from the grant that are 
least capable of providing the recipient State with such match-
ing amounts receive the benefit of the $100,000 subtrahend 
under paragraph (2). 
"(b) HOUSING QUALITY.—Each grantee shall assure that housing 
assisted under this subtitle shall be decent, safe, and sanitary and, 
when appropriate, meet all applicable State and local housing codes, 
building codes, and licensing requirements in the jurisdiction in 
which the housing is located. 
"(c) CONSISTENCY WITH HOUSING STRATEGY.—Each grantee shall 
certify, to the satisfaction of the Secretary, that activities under-
taken by project sponsors with assistance from the grantee are 
consistent with the housing strategy submitted by the grantee in 
accordance with section 105 of the Cranston-Gonzalez National 
Affordable Housing Act. 
Drugs. 
"(d) ASSISTANCE TO HOMELESS PERSONS.—Each grantee shall cer-
Alcoholand 
tify that each project sponsor shall administer, in good faith, a 
bewr^es 
policy designed to ensure that any shelter or housing assisted under 
this subtitle is free from the illegal use, possession, or distribution of 
drugs or alcohol by its beneficiaries. 
"(e) LIMITATION ON USE OF FUNDS.—Each grantee shall certify, to 
the satisfaction of the Secretary, that neither assistance received 
under this subtitle nor any State or local government funds used to 
supplement such assistance will be used to replace other public 
funds previously used, or designated for use, to Eissist the homeless. 
"(f) CIVIL RIGHTS COMPLIANCE.—Each grantee shall certify, to the 
satisfaction of the Secretary, that the grant will be conducted and 
administered in conformity with title VI of the Civil Rights Act of 
1964 (Public Law 88-352), and the Fair Housing Act and the grantee 
will affirmatively further fair housing. 
"(g) REPORTS.— 
"(1) IN GENERAL.—Each grantee shall submit to the Secretary, 
in such form and at such time as the Secretary shall prescribe, a 
performance and evaluation report on the use of amounts made 
available under this subtitle, together with the grantee's assess-
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4683 
ment of the relationship of such usage to the grantee's approved 
housing strategy. The report shall include information on the 
number of homeless persons served and the reasons for their 
homelessness. The report shall also specify the amounts made 
available under this subtitle for each approved activity under 
subtitle B. The report shall be made available to the public so 
that citizens, public agencies, and other interested parties have 
an opportunity to comment on the report prior to its submis-
sion. The report shall include a summary of any comments 
received from interested parties. 
"(2) CONSULTATION.—The Secretary shall consult with na-
tional associations of States, local governments, and other hous-
ing interests to develop uniform recordkeeping, performance 
reporting, and auditing requirements. After considering the 
results of such consultations, the Secretary shall establish uni-
form recordkeeping, performance reporting, and auditing 
requirements for assistance made available under this subtitle. 
"(h) SITE CONTROL.— 
"(1) IN GENERAL.—Each grantee or project sponsor shall fur-
nish reasonable assurances that it will own or have control of a 
site for the proposed project not later than 6 months after 
notification of an award for grant assistance. A suitable site 
different from the site specified in the application satisfies the 
requirement of this subsection. If ownership or control of a site 
is not obtained within 1 year after notification of an award for 
grant assistance, the grant shall be recaptured and reallocated. 
"(2) WAIVER.—The Secretary may waive the requirement 
under paragraph (1) for any proposed project for which the 
Secretary determines such requirement is inapplicable because, 
under the application, the families and individuals served own 
or control, or will eventuEilly own or control, the site, 
"(i) PREVENTION OF UNDUE BENEFITS.—The Secretary may pre-
scribe such terms and conditions as he deems necessary to prevent 
project sponsors from unduly benefiting from the sale or other 
disposition of projects constructed, rehabilitated, or acquired with 
assistance under this subtitle other than a sale or other disposition 
resulting in the use of the project for the direct benefit of very low-
income families. 
"0) CONFIDENTIALITY.—Each grantee sheill develop and implement 
procedures to ensure the confidentiality of records pertaining to any 
individual provided family violence prevention or treatment services 
under any project assisted under this title and to ensure that the 
address or location of any family violence shelter project assisted 
under this title will, except with written authorization of the person 
or persons responsible for the operation of such shelter, not be made 
public. 
"(k) ADDITIONAL REQUIREMENTS.—The Secretary may establish 
such other program requirements as the Secretary determines are 
necessaiy for grantees to administer activities authorized under this 
subtitle in an efficient manner. 
"SEC. 407. ADMINISTRATIVE PROVISIONS. 
"(a) LIMITATION ON ADMINISTRATIVE EXPENSES.—A grantee may 
not use more than 5 percent of the assistance received under this 
subtitle for administrative purposes. 
"(b) INCOME ELIGIBILITY.—A homeless person shall be eligible for 
assistance under any program provided by this subtitle, or by the 
104 STAT. 4684 
PUBLIC LAW 101-645—NOV. 29, 1990 
amendments made by this subtitle, only if the person has income 
not exceeding 50 percent of the median income for the area, as 
adjusted in accordance with section 3Q)X2) of the United States 
Housing Act of 1937. 
"(c) FLOOD ELEVATION REQUIREMENTS.—Flood protection stand-
ards applicable to housing acquired, rehabilitated, or assisted under 
any provision of this subtitle shall be no more restrictive than the 
standards applicable to any other program administered by the 
Secretary. 
"(d) APPLICABILITY OF SECTION 104(g) OF THE HOUSING AND COMMU-
NITY DEVELOPMENT ACT OF 1974.—The provisions of, and regulations 
and procedures applicable under, section 104(g) of the Housing and 
Community Development Act of 1974 shall apply to assistance and 
projects under this subtitle. 
"(e) GAG AUDITS.—Insofar as they relate to funds provided under 
this section, the financial transactions of grantees and project spon-
sors may be audited by the General Accounting Office imder such 
rules and regulations as may be prescribed by the Comptroller 
General of the United States. The representatives of the General 
Accounting 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 sponsors pertaining to the 
financial transactions and necessary to facilitate the audit. 
"SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this title 
such sums as may be necessary. Any amount appropriated under 
this section shall remain available until expended. 
"SEC. 409. REPORTS TO CONGRESS. 
"The Secretary shall submit annually to the Congress a report 
summarizing the activities carried out under this title and setting 
forth the findings, conclusions, and recommendations of the Sec-
retary as a result of the activities. The report shall summarize and 
assess the results of performance reports provided in accordance 
with section 406(g). The report shall be submitted not later than 6 
months after the end of each fiscal year. 
"Subtitle B—Approved Activities 
"SEC. 411. HOMELESSNESS PREVENTION. 
"(a) DEFINITION.—Assistance to help very low-income families 
avoid becoming homeless may include activities other than those 
that the Secretary has found to be inconsistent with the purposes of 
this Act. 
"(b) LIMITATION ON FINANCIAL ASSISTANCE.—A grantee may pro-
vide financial assistance to very low-income families who have 
received eviction notices or notices of termination of utility services 
if— 
"(1) the inability of the family to make the required pajrments 
is due to a sudden reduction in income; 
"(2) the assistance is necessary to avoid the eviction or termi-
nation of services; 
"(3) there is a reasonable prospect that the family will be able 
to resume pa3nnients within a reasonable period of time; and 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4685 
"(4) the assistance will not supplant funding for preexisting 
homelessness prevention activities from other sources. 
"SEC. 412. EMERGENCY SHELTER. 
"(a) DEFINITION.—A project shall be considered 'emergency shel-
ter' if it is designed to provide overnight sleeping accommodations 
for homeless persons. An emergency shelter may include appro-
priate eating and cooking accommodations. 
"(b) MINIMUM STANDARDS OF HABITABILITY.—The Secretary shall 
prescribe such minimum standards of habitability as the Secretary 
determines to be appropriate to ensure that emergency shelters 
assisted under this section are environments that provide appro-
priate privacy, safety, and sanitary and other health-related condi-
tions for homeless persons and families. Grantees are authorized to 
establish standards of habitability in addition to those prescribed by 
the Secretary. 
"(c) TYPES OF ASSISTANCE.—A grantee may provide the following 
assistance to a project sponsor of emergency shelter: 
"(1) a grant for the renovation, major rehabilitation, or 
conversion of buildings to be used as emergency shelters; 
"(2) a grant for the provision of supportive services if such 
services do not supplant any services provided by the local 
government during any part of the immediately preceding 12-
month period; and 
"(3) annual payments for maintenance, operation, insurance, 
utilities, and furnishings. 
"(d) PROGRAM REQUIREMENTS.—A grantee may approve assistance 
for a project under this subsection 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 persons and families for not less than a 10-year period; 
"(2) in the case of assistance involving rehabilitation (other 
than major rehabilitation or conversion of a building), maintain 
the building as a shelter for homeless persons and families for 
not less than a 3-year period; 
"(3) in the case of assistance involving only activities de-
scribed in paragraphs (2) and (3) of subsection (c), provide 
services or shelter to homeless persons and families at the 
original site or structure or other sites or structures serving the 
same general population for the period during which such 
£issistance is provided; 
"(4) comply with the standards of habitability prescribed by 
the Secretary and (if applicable) the State or unit of general 
local government; and 
"(5) assist homeless persons in obtaining— 
"(A) appropriate supportive services, including perma-
nent housing, medical and mental health treatment, coun-
seling, supervision, 
and 
other 
services essential 
for 
achieving independent living; and 
"(B) other Federal, State, local, and private assistance 
available for homeless persons. 
"SEC. 413. TRANSITIONAL HOUSING FOR THE HOMELESS. 
"(a) DEFINITION.—A project shall be considered 'transitional hous-
ing' if it is designed to facilitate the movement of homeless persons 
to independent living within 24 months (or such longer period as the 
104 STAT. 4686 
PUBLIC LAW 101-645—NOV. 29, 1990 
Secretary determines is necessary to facilitate the transition of 
homeless persons to independent living). Transitional housing in-
cludes housing primarily designed to serve deinstitutionalized home-
less persons and other homeless persons with mental disabilities, 
and homeless families with children. 
Grant programs. 
"(b) TYPES OF ASSISTANCE.—A grantee may provide the following 
assistance to a project sponsor of transitional housing: 
"(1) A grant for the cost of acquisition, substantial rehabilita-
tion, or acquisition and rehabilitation of an existing structure 
for use as transitional housing. The repayment of any outstand-
ing debt owed on a loan made to purchase an existing structure 
shall be considered to be a cost of acquisition eligible for an 
advance under this paragraph if the structure was not used as 
transitional housing prior to the receipt of assistance. 
"(2) A grant for moderate rehabilitation of sm existing struc-
ture for use £is transitional housing. 
"(3) A grant, in an amount not to exceed $400,000, for the new 
construction of a structure for use in the provision of supportive 
housing. 
"(4) Annual payments for operating costs of transitional hous-
ing (including transitional housing that is newly constructed 
with assistance provided from sources other than this Act) not 
to exceed 75 percent of the annual operating costs of such 
housing. 
"(5) Techniceil assistance in— 
"(A) establishing transitional housing in an existing 
structure; 
"(B) operating transitional housing in existing structures 
and in structures that are newly constructed with assist-
ance provided from sources other than this Act; and 
"(C) providing supportive services to the residents of 
transitional housing (including transitional housing that is 
newly constructed with assistance provided from sources 
other than this Act). 
"(6) A grant for establishing and operating an emplo)maent 
assistance program for the residents of transitional housing, 
which shall include— 
"(A) emplo3anent of residents in the operation and 
maintenance of the housing; and 
"(B) the pa5nnent of the transportation costs of residents 
to places of emplojmient. 
"(7) A grant to establish and operate a child care services 
program for homeless families as follows: 
"(A) A program under this paragraph shall include— 
"(i) establishing, licensing, and operating an on-site 
child care facility for the residents of transitional hous-
ing; or 
(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. 
"(B) A grant under this paragraph for any child care 
services program shall not exceed the amount equal to 75 
percent of the cost of operating the program for a period of 
up to 5 years. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4687 
"(C) Child care services provided with respect to a child 
care services program assisted under this paragraph shall 
meet any applicable State and local laws and regulations. 
A project sponsor may receive assistance under both paragraphs 
(l)and(2). 
"(c) PROGRAM REQUIREMENTS.— 
"(1) REQUIRED AGREEMENTS.—A grantee may approve assist-
ance for a project under this section only if the project sponsor 
has agreed— 
"(A) to operate the proposed project as transitional hous-
ing for not less than 10 years, except that in the case of any 
leased property receiAdng assistance under this subtitle 
other than for lease of the property, assurances under this 
paragraph shall be made annually that the project will be 
operated to assist homeless individuals for such year; 
"(B) to conduct an ongoing sissessment of the supportive 
services required by the residents of the project; 
"(C) to provide such residential supervision as the Sec-
retary determines is necessary to facilitate the adequate 
provision of supportive services to the residents of the 
project; 
"(D) to comply with such other terms and conditions as 
the Secretary or grantee may establish for purposes of 
carrying out this program in an effective and efficient 
manner. 
"(2) OCCUPANT RENT.—Each homeless person residing in a 
facility assisted under this section shall pay as rent an amount 
determined in accordance with the provisions of section 3(a) of 
the United States Housing Act of 1937. 
"(3) ALTERNATIVE USE.—A project may continue to be treated 
as trsmsitional housing for purposes of this subsection if the 
grantee determines that such project is no longer needed for use 
as transitional housing and approves the use of such project for 
the direct benefit of very low-income families. 
"SEC. 414. PERMANENT HOUSING FOR HOMELESS PERSONS WITH 
DISABILITIES. 
"(a) DEFINITION.—A project shsdl be considered 'permanent hous-
ing for homeless persons with disabilities' if it provides community-
based long-term housing and supportive services for not more than 8 
homeless persons with disabilities (or 16 such persons, but only if 
not more than 20 percent of the units in a project are designated for 
such persons). The Secretary may waive the limitation contained in 
the preceding sentence if the grantee demonstrates that local 
market conditions dictate the development of a larger project. 
"Ot)) PROJECT DESIGN AND SITING.—Each project assisted under 
this subtitle shall be either a home designed solely for housing 
persons with disabilities or dwelling units in a multifamily housing 
project, condominium project, or cooperative project. Not more than 
1 home may be located on any 1 site and no such home may be 
located on a site contiguous to another site containing such a home. 
"(c) TYPES OF ASSISTANCE.—A grantee may provide the following Grant programs, 
assistance to a project sponsor of permanent housing for homeless 
persons with disabilities: 
"(1) A grant for the cost of acquisition, substantial rehabilita-
tion, or acquisition and rehabilitation of an existing structure 
for use as permanent housing for homeless persons with disabil-
104 STAT. 4688 
PUBLIC LAW 101-645—NOV. 29, 1990 
ities. The repayment of any outstanding debt owed on a loan 
made to purchase an existing structure shall be considered to be 
a cost of acquisition eligible for a grant under this paragraph if 
the structure was not used as permanent housing for homeless 
persons with disabilities prior to the receipt of assistance. 
"(2) A grant for moderate rehabilitation of an existing struc-
ture for use as permanent housing for homeless persons with 
disabilities. 
"(3) A grant, in an amount not to exceed $400,000, for the new 
construction of a structure for use in the provision of supportive 
housing. 
"(4) Annual payments for operating costs for permanent hous-
ing for homeless persons with disabilities (including permanent 
housing for homeless persons with disabilities that is newly 
constructed with assistance provided from sources other than 
this Act), not to exceed 75 percent of the annual operating costs 
of such housing, and any recipient may reapply for such assist-
ance or for the renewal of such assistance for use during the 10-
year period under subsection (d) (unless such assistance is no 
longer necessary, in the determination of the Secretary). 
"(5) Technical assistance in— 
"(A) establishing permanent housing for homeless per-
sons with disabilities in an existing structure; 
"(B) operating permanent housing for homeless persons 
with disabilities in existing structures and in structures 
* ; 
that are newly constructed with assistance provided from 
sources other than this Act; and 
"(C) providing supportive services to the residents of 
permanent housing for homeless persons with disabilities 
(including permanent housing for homeless persons with 
disabilities that is newly constructed with assistance pro-
vided from sources other than this Act). 
"(d) PROGRAM REQUIREMENTS.— 
"(1) REQUIRED AGREEMENTS.—A grantee may approve assist-
ance for any project under this section only if the project 
sponsor has agreed— 
"(A) to operate the proposed project as permanent hous-
ing for homeless persons with disabilities for not less than 
10 years, except that in the case of projects not receiving a 
grant under paragraph (1), (2), or (3) of subsection (c), 
assurances under this subparagraph shall be made an-
nually that the project will be operated for the purpose 
specified in the application for such year; 
"(B) to conduct an ongoing assessment of the supportive 
services required by the residents of the project; 
"(C) to provide such residential supervision as the Sec-
retary determines is necessary to facilitate the adequate 
provision of supportive services to the residents of the 
project; and 
"(D) to comply with such other terms and conditions as 
the Secretary or grantee may establish for purposes of 
canying out this program in an effective and efficient 
manner. 
"(2) STATE PARTICIPATION.—Each grantee providing assistance 
to a project under this section shall transmit to the Secretary a 
letter of participation from the State assuring that the State 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4689 
will facilitate the provision of necessary supportive services to 
the residents of the project; 
"(3) OCCUPANT RENT.—Each homeless person residing in a 
project assisted under this section shall pay as rent an amount 
determined in accordance with the provisions of section 3(a) of 
the United States Housing Act of 1937. 
"(4) ALTERNATIVE USE.—A project may continue to be treated 
as permanent housing for homeless persons with disabilities for 
purposes of this subsection if the grantee determines that such 
project is no longer needed for use as such housing and approves 
the use of such project for the direct benefit of very low-income 
families. 
"(5) TENANT SELECTION.— 
"(A) IN GENERAL.—A project sponsor owner shall adopt 
written tenant selection procedures that are satisfactory to 
the Secretary as (i) consistent with the purpose of improv-
ing housing opportunities for very low-income persons with 
disabilities; and (ii) reasonably related to program eligi-
bility and an applicant's ability to perform the obligations 
of the leEise. Project sponsors shall promptly notify in writ-
ing any rejected applicant of the grounds for any rejection. 
(B) AUTHORITY TO LIMIT OCCUPANCY.—Notwithstanding 
any other provision of law, a project sponsor may, with the 
approval of the grantee, limit occupancy within housing 
developed under this section to persons with disabilities 
who have similar disabilities and require a similar set of 
supportive services in a supportive housing environment. 
"(6) RENEWED FUNDING FOR SHORT-TERM LEASE PROJECTS.—The 
Secretary may not provide assistance under paragraph (4) or (5) 
of subsection (c) to any project not receiving assistance under 
paragraph (1), (2), or (3) of such subsection unless assurances 
have been made under paragraph (IXA) of this subsection that 
the project will be operated for the purpose specified in the 
application for the year for which such assistance is provided. 
"SEC. 415. TRANSITION TO PERMANENT HOUSING. 
"(a) USE OF GRANTS.— 
(1) IN GENERAL.—A grant under this section may be used by a 
grantee to provide grants or loans to help eligible families make 
the transition to permanent housing. A grantee may use assist-
ance under this section to provide for the pa5nnent by very low-
income families of security deposits and the cost of rent for a 
reasonable period of time. 
"(2) TECHNICAL ASSISTANCE.—The Secretary may provide 
informational and technical assistance to units of general local 
government and housing agencies in organizing and developing 
assistance programs under this section. For purposes of this 
section, the term 'eligible family' means a very low-income 
family who has resided in emergency shelter or transitional 
housing and who meets other conditions of eligibility as the 
Secretary determines to be appropriate. 
"(3) FINANCIAL COUNSEUNG.—'The grantee shall provide coun-
seling regarding household finances and budgeting to any 
family that receives a grant or loan under this section. 
"(b) LIMITATION ON FINANCIAL ASSISTANCE.—A grantee may pro-
vide assistance to eligible families in the form of a security deposit 
and the cost of rent for a reasonable period of time if— 
104 STAT. 4690 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(1) the grantee determines that the rental charge for the 
subject unit is reasonable in comparison with rents charged for 
comparable units in the private, unassisted market; 
"(2) there is a regular income and a reasonable prospect that 
the family will be able to sustain the rental pa3anents for a 
reasonable period of time and to repay any loan provided; and 
"(3) the eligible family has made reasonable efforts to receive 
assistance under the program of aid to families with dependent 
children under part A of title IV of the Social Security Act or a 
similar local. State, or Federal public assistance program. 
"(c) PARTICIPATING LANDLORD.—If an eligible family vacates the 
rental unit, a landlord participating in this program shall return to 
the grantee any portion of the security deposit (including reasonable 
interest) against which such landlord does not have a claim. Any 
returned funds may be used by a grantee in accordance with section 
403(a). 
"SEC. 416. DEVELOPMENT OF ADDITIONAL APPROVED ACTIVITIES. 
"The Secretary, in cooperation with grantees and other appro-
priate parties, shall develop additional approved activities to carry 
out the purposes of this title. 
"Subtitle C—Section 8 Single Room Occupancy 
"SEC. 421. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCUPANCY 
PROVISIONS. 
"(a) USE OF FUNDS.—The amounts made available under this 
subtitle shall be used only in connection with the moderate re-
habilitation of housing described in section 8(n) of the United States 
Housing Act of 1937 for occupancy by homeless persons, except that 
such amounts may be used in connection with the moderate re-
habilitation of efficiency units if the building owner agrees to pay 
the additional cost of rehabilitating and operating such units. 
"(b) ALLOCATION.—The amounts made available under this sub-
title shall be allocated by the Secretary on the basis of a national 
competition among approvable applications to the applicant public 
housing agencies or other contracting agencies that best dem-
onstrate a need for the assistance under this section and the ability 
to undertake and carry out a program to be assisted under th& 
subtitle. To be considered for assistance under this section, an 
applicant shall submit to the Secretary a proposal containing— 
"(1) a description of the size and characteristics of the popu-
lation within the applicant's jurisdiction that would occupy 
single room occupancy dwellings; 
"(2) a listing of additional commitments from public and 
private sources that the applicant might be able to provide in 
connection with the program; 
"(3) an inventory of suitable housing stock to be rehabilitated 
with such assistance; and 
"(4) a description of the interest that has been expressed by 
builders, developers, and others (including profit and nonprofit 
organizations) in participating in the program. 
No single city or urban county shall be eligible to receive more than 
10 percent of the assistance made available under this subtitle. 
Government 
"(c) FiRE AND SAFETY IMPROVEMENTS.—Each annual Contribution 
contracts. 
contract entered into with the authority provided under this subtitle 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4691 
shall require the mstallation of a sprinkler system that protects all 
major spaces, hard wired smoke detectors, and such other fire and 
safety improvements as may be required by State or local law. For 
purposes of this subsection, the term 'major spaces' meems hallways, 
large common areas, and other areas specified in local fire, building, 
or safety codes. 
"(d) COST LIMITATION.— 
"(1) PER UNIT CEIUNG.—The total cost of rehabilitation that 
may be compensated for in an annual contribution contract 
entered into with the authority provided under this subtitle 
shall not exceed $15,000 per unit, plus the expenditures 
required by subsection (d). 
(2) AUTHORITY TO INCREASE.—The Secretary shall increase 
the limitation contained in paragraph (1) by an amount the 
Secretary determines is reasonable and necessary to accommo-
date special local conditions, including— 
"(A) high construction costs; or 
"(B) stringent fire or building codes. 
"(3) ANNUAL ADJUSTMENT.—The Secretary shall increase the 
limitation in paragraph (1) on October 1 of each year by an 
amount necessary to take into account increases in construction 
costs during the previous 12-month period. 
"(e) CONTRACT REQUIREMENTS.—Each contract for annual con-
tributions entered into with a public housing agency or other 
contracting agency to obligate the authority made available under 
this subtitle shall— 
"(1) commit the Secretary to make such authority available to 
the public housing agency or other contracting agency for an 
aggregate period of 10 years, and require that any amendments 
increasing such authority shall be available for the remgiinder 
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 appropriations; and 
"(3) provide that, notwithstanding any other provision of law, 
first priority for occupancy of housing rehabilitated under this 
subtitle shall be given to homeless persons. 
"SEC. 422. APPLICABILITY TO INDIANS. 
"Pursuant to section 201(b) of the United States Housing Act of 
1937, this subtitle shall apply to Indian tribes and Indian housing 
authorities. 
"Subtitle D—Shelter Plus Care Program 
"PART I—SHELTER PLUS CARE: GENERAL 
REQUIREMENTS 
"SEC. 431. PURPOSE. 
Disabled. 
"The purpose of the program authorized under this subtitle is to Drug a b ^ 
provide rental housing assistance, in connection with supportive AIDS, 
services funded from sources other than this subtitle, to homeless 
persons with disabilities (primarily persons who are seriously men-
tally ill, have chronic problems with alcohol, drugs, or both, or have 
acquired immunodeficiency syndrome and related diseases) and the 
families of such persons. 
104 STAT. 4692 
PUBLIC LAW 101-645—NOV. 29, 1990 
"SEC. 432. RENTAL HOUSING ASSISTANCE. 
"(a) IN GENERAL.—The Secretary is authorized, in accordance 
with the provisions of this subtitle, to provide rental housing assist-
ance under parts II, HI, and IV. 
"(b) FUNDING LIMITATIONS.—TO the maximum extent practicable, 
the Secretary shall reserve not less than 50 percent of all funds 
provided under this subtitle for homeless individuals who are seri-
ously mentally ill or have chronic problems with alcohol, drugs, or 
both. 
"SEC. 433. SUPPORTIVE SERVICES REQUIREMENTS. 
"(a) MATCHING FUNDING.— 
"(1) IN GENERAL.—Each recipient shall be required to supple-
ment the assistance provided under this subtitle with an equal 
amount of funds for supportive services from sources other than 
this subtitle. Each recipient shall certify to the Secretary its 
compliance with this paragraph, and shall include with the 
certification a description of the sources and amounts of such 
supplemental funds. 
"(2) DETERMINATION OF MATCHING AMOUNTS.—In calculating 
the amount of supplemental funds provided under this subtitle, 
a recipient may include the value of any lease on a building, 
any salary paid to staff to carry out the program of the recipi-
ent, and the value of the time and services contributed by 
volunteers to carry out the program of the recipient at a rate 
determined by the Secretary, 
"OJ) RECAPTURE.—If the supportive services and funding for the 
supportive services required by this section are not provided, the 
) Secretary may recapture any unexpended housing assistance. 
"SEC. 434. APPLICATIONS. 
"(a) IN GENERAL.—An application for rental housing assistance 
under this subtitle shall be submitted by an applicant in such forms 
and in accordance with such procedures as the Secretary shall 
establish. 
"0)) 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— 
"(1) a request for housing assistance under part II, III, or IV, 
or a combination, specifying the number of units requested and 
the amount of necessary budget authority; 
"(2) a description of the size and characteristics of the popu-
lation of eligible persons; 
"(3) an identification of the need for the program in the 
community to be served; 
"(4) the identity of the proposed service provider or providers 
(which may be, or include, the applicant) and a statement of the 
qualifications of the provider or providers; 
"(5) a description of the supportive services that the applicant 
proposes to assure will be available for eligible persons; 
"(6) a description of the resources that are expected to be 
made available to provide the supportive services required by 
section 433; 
"(7) 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; 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4693 
"(8) reasonable assurances satisfactory to the Secretary that 
the supportive services will be provided for the full term of the 
housing assistance under part II, III, or IV, or a combination; 
and a certification from the applicant that it will fund the 
supportive services itself if the planned resources do not become 
available for any reason; 
"(9) a certification by the public official responsible for 
submitting the comprehensive housing affordability strategy 
under section 105 of the Cranston-GronzEdez National Affordable 
Housing Act that the proposed activities are consistent with the 
approved housing strategy of the unit of general local govern-
ment within which housing assistance under this subtitle will 
be provided; 
"(10) a plan for— 
"(A) in the case of rental housing assistance under pEirt 
II, providing housing assistance; 
"(B) identifying and selecting eligible persons to partici-
pate, including a proposed definition of the term 'chronic 
problems with alcohol, other drugs, or both'; 
"(C) coordinating the provision of housing assistance and 
supportive services; 
"(D) ensuring that the service providers are providing 
supportive services adequate to meet the needs of the per-
sons served; 
"(E) obtaining participation of eligible persons who have 
previously not been assisted under programs designed to 
assist the homeless or have been considered not capable of 
participation in these programs; this plan shall specifically 
address how homeless persons, as defined in section 
103(aX2XC), (and the families of such persons) will be 
brought into the program; 
"(11) in the case of housing assistance under part III, identi-
fication of the specific structures that the recipient is proposing 
for rehabilitation and assistance; and 
"(12) in the case of housing assistance under part IV, identi-
fication of the nonprofit entity that will be the owner or lessor 
of the property, and identification of the specific structures in 
which the nonprofit entity proposes to house eligible persons. 
"SEC. 435. SELECTION CRITERIA. 
"(a) IN GENERAL.—The Secretary shall establish selection criteria 
for a national competition for assistance under this subtitle, which 
shall include— 
"(1) the ability of the applicant to develop and operate the 
proposed assisted housing and supportive 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 persons 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 support-
ive 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; 
104 STAT. 4694 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(7) the extent to which the program integrates program 
recipients into the community served by the program; and 
"(8) the cost-effectiveness of the proposed program; and 
"(9) such other factors as the Secretary specifies in regula-
tions to be appropriate for purposes of carrying out the program 
established by this subtitle in an effective and efficient manner. 
"0)) FUNDING LIMITATION,—No more than 10 percent of the assist-
ance made available under this subtitle for any fiscal year may be 
used for programs located within any one unit of general local 
government. 
"SEC. 436. REQUIRED AGREEMENTS. 
"The Secretary may not approve assistance under this subtitle 
unless the applicant agrees— 
"(1) to operate the proposed program in accordance with the 
provisions of this subtitle; 
"(2) to conduct an ongoing assessment of the housing assist-
ance and supportive services required by the participants in the 
program; 
"(3) to assure the adequate provision of supportive services to 
the participants in the program; and 
"(4) to comply with such other terms and conditions as the 
Secretary may establish for purposes of carrjdng out the pro-
gram in an effective and efficient manner. 
"SEC. 437. TERMINATION OF ASSISTANCE. 
"(a) AUTHORITY.—If an eligible individual who receives assistance 
under this subtitle violates program requirements, the recipient 
may terminate assistance in accordance with the process established 
pursuant to subsection (b). 
"(b) PROCEDURE.—In terminating assistance under this section, 
the recipient shall provide a formal process that recognizes the 
rights of individuals receiving such assistance to due process of law. 
"SEC. 438. DEFINITIONS. 
"For purposes of this subtitle: 
"(1) The term 'acquired immunodeficiency syndrome and re-
lated diseases' has the same meaning given that term in section 
853 of the Cranston-Gonzalez National Affordable Housing Act. 
"(2) The term 'applicant' means— 
"(A) in the case of rental housing assistance under parts 
II and IV, a State unit of general local government, or 
Indian tribe; and 
"(B) in the case of single room occupancy housing under 
the section 8 moderate rehabilitation program under part 
III (i) a State, unit of general local government, or Indian 
tribe (that shall be responsible for assuring the provision of 
supportive services and the overall administration of the 
program), and (ii) a public housing agency (that shall be 
primarily responsible for administering the housing assist-
ance under part III), 
"(3) The term 'eligible person' means a homeless 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. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4695 
"(4) The term Indian tribe' has the meaning given such term 
in section 102 of the Housing and C!ommunity Development Act 
of 1974. 
"(5) The term 'person with disabilities' has the same meaning 
given the term in section 811 of the Cranston-Gonzalez Nation^ 
Affordable Housing Act. 
"(6) The term 'public housing agency' has the meaning given 
such term in section 3(bX6) of the United States Housing Act of 
1937. 
"(7) The term 'recipient' means an applicant approved for 
participation in the program authorized under this subtitle. 
"(8) The term 'Secretary' means the Secretary of Housing and 
Urban Development. 
"(9) 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. 
"(10) llie term 'State' means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, and any other 
territory or possession of the United States. 
"(11) The term 'supportive services' means assistance that the 
Secretary determines (A) addresses the special needs of eligible 
persons; and (B) provides 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 services, counseling, 
supervision, education, job training, and other services essential 
for achieving and maintaining independent living. In-patient 
acute hospital care shall not qualify as a supportive service. 
"(13) The term 'unit of general local government' has the 
meaning given such term in section 102 of the Housing and 
Community Development Act of 1974. 
"SEC. 439. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—For purposes of the housing program under 
part II of this subtitle, there are authorized to be appropriated such 
sums as may be necessary. 
"(b) PART III.—For purposes of the housing program under part III 
of this subtitle, the budget authority available under section 5(c) of 
the United States Housing Act of 1937 for Eissistance under section 
8(eX2) of such Act is authorized to be increased by such sums as may 
be necessary. 
"(c) PART IV.—For purposes of the housing program under part IV 
of this subtitle, there are authorized to be appropriated such sums as 
may be necessary. 
' (d) AvAiLABiUTY.—Sums appropriated under this section shall 
remain available until expended. 
"PART II—SHELTER PLUS CARE: HOMELESS 
RENTAL HOUSING ASSISTANCE 
"SEC. 441. PURPOSE. 
"The Secretary is authorized to use amounts made available 
under section 439(a) to provide rental housing assistance in accord-
ance with the requirements of this part. 
104 STAT. 4696 
PUBLIC LAW 101-645—NOV. 29, 1990 
"SEC. 442. HOUSING ASSISTANCE. 
"Where necessary to assure that the provision of supportive serv-
ices to persons is feasible, a recipient may require that a person 
participating in the program live (1) in a particular structure or unit 
for up to the first year of participation, and (2) within a particular 
geographic area for the full period of participation or the period 
remaining after the period referred to in paragraph (1). 
"SEC. 443. AMOUNT OF ASSISTANCE. 
"The contract with a recipient for assistance under this part shall 
be for a term of 5 years. Each contract shall provide that the 
recipient shall receive aggregate amounts not to exceed the appro-
priate existing housing fair market rent limitation under section 
8(c) of the United States Housing Act of 1937 in effect at the time 
the application is approved. At the option of the recipient and 
subject to the availability of such amounts, the recipient may re-
ceive in any year (1) up to 25 percent of such amounts or (2) such 
higher percentage as the Secretary may approve upon a demonstra-
tion satisfactory to the Secretary that the recipient has entered into 
firm financial commitments to ensure that the housing assistance 
described in the application will be provided for the full term of the 
contract. Any amounts not needed for a year may be used to 
increase the amount available in subsequent years. Each recipient 
shall ensure that the assistance provided by the Secretary, and any 
amounts provided from other sources, are managed so that the 
housing assistance described in the application is provided for the 
full term of the assistance. 
"SEC. 4
4
4
. 
HOUSING 
STANDARDS 
AND 
RENT 
REASONABLENESS. 
"(a) STANDARDS REQUIRED.—The Secretary shall require that— 
"(1) before any assistance may be provided to or on behalf of 
the person, each unit shall be inspected by the applicant di-
rectly or by another entity, including the local public housing 
agency (or if no such agency exists in the applicable area, an 
entity selected by the Secretary), to determine that the unit 
meete the housing quality standards under section 8 of the 
United States Housing Act of 1937 and that the occupancy 
charge for the dwelling unit is reasonable; and 
"(2) the recipient shall make at least annual inspections of 
each unit during the contract term. 
"(b) PROHIBITION.—No assistance may be provided for a dwelling 
unit (1) for which the occupancy charge is not reasonable, or (2) 
which fails to meet the housing standards, unless the owner 
promptly corrects the deficiency and the recipient verifies the 
correction. 
"SEC. 445. TENANT RENT. 
"Each tenant shall pay as rent an amount determined in accord-
ance with the provisions of section 3(a)(1) of the United States 
Housing Act of 1937. 
"SEC. 446. ADMINISTRATIVE FEES. 
"From amounts made available under appropriations Acts, the 
Secretary shall make amounts available to pay the entity admin-
istering the housing assistance an administrative fee in an amount 
determined appropriate by the Secretary for the costs of administer-
ing the housing assistance. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4697 
"PART III—SHELTER PLUS CARE: SECTION 8 
MODERATE 
REHABILITATION 
ASSISTANCE 
FOR SINGLE ROOM OCCUPANCY DWELLINGS 
"SEC. 451. PURPOSE. 
"The Secretary is authorized to use amounts made available 
under section 439(b) of this subtitle only in connection with the 
moderate rehabilitation of single room occupancy housing described 
in section 8(n) of the United States Housing Act of 1937 for occu-
pancy by homeless persons. However, amounts made available 
under section 439(b) 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 ef^ciency 
units. 
"SEC. 4
5
2
. 
FIRE 
AND 
SAFETY 
IMPROVEMENTS. 
"Each contract for housing assistance pajnnents entered into Government 
using the authority provided under section 439(b) shall require the contracts, 
installation of a sprinkler system that protects all major spaces, 
hard-wired smoke detectors, and such other fire and safety improve-
ments as may be required by State or loc£il law. For purposes of this 
section, the term 'major spaces' means hallways, large common 
areas, and other areas specified in local fire, building, or safety 
codes. 
"SEC. 453. CONTRACT REQUIREMENTS. 
"Each contract for annual contributions entered into by the Sec-
retary with a public housing agency to obligate the authority made 
available under section 439(b) shall— 
"(1) commit the Secretary to laake the authority available to 
the public housing agency for an aggregate period of 10 years, 
and require that any amendments increasing the authority 
shall be available 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; and 
"(3) provide that, notwithstanding any other provision of law, 
first priority for occupancy of housing rehabilitated under this 
part III shall be given to homeless persons. 
"SEC. 454. OCCUPANCY. 
"(a) OCCUPANCY AGREEMENT.—The occupancy agreement between 
the tenant and the owner shall be for at least one month. 
"(b) VACANCY PAYMENTS.—If an eligible person vacates a dwelling 
unit before the expiration of the occupancy agreement, no assistance 
pa3anent may be made with respect to the unit after the month 
during which the unit was vacated, unless it is occupied by another 
eligible person. 
"PART IV—SHELTER PLUS CARE: SECTION 202 
RENTAL ASSISTANCE 
"SEC. 461. PURPOSE. 
"The Secretary is authorized to use amounts made available 
under section 439(c) of this subtitle only in connection with the 
104 STAT. 4698 
PUBLIC LAW 101-645—NOV. 29, 1990 
Grovernment 
contracts. 
provision of rental housing assistance under section 202 of the 
Housing Act of 1959 in fiscal year 1991 or section 811 of the 
Cranston-Gonzalez National Affordable Housing Act in fiscal year 
1992 for very low-income eligible persons. The contract between the 
Secretary and the recipient shall require the recipient to enter into 
contracts with owners or lessors of housing meeting the require-
ments of section 202 or section 811 for the purpose of providing such 
rental housing assistance. 
"SEC. 462. AMOUNT OF ASSISTANCE. 
"The contract with a recipient of assistance under this part shall 
be for a term of 5 years. Each contract shall provide that the 
recipient shall receive aggregate amounts not to exceed the appro-
priate existing housing fair market rent limitation under section 
8(c) of the United States Housing Act of 1937 in effect at the time 
the application is approved. Each recipient shall ensure that the 
assistance provided by the Secretary, and any amounts provided 
from other sources, are managed so that the housing assistance 
described in the application is provided for the full term of the 
assistance. 
"SEC. 4
6
3
. 
HOUSING 
STANDARDS 
AND 
RENT 
REASONABLENESS. 
"(a) IN GENERAL.—The Secretary shall require that (1) the recipi-
ent inspect each unit before any assistance may be provided to or on 
behalf of the person to determine that the occupancy charge for the 
housing being or to be provided is reasonable and that each unit 
meets housing standards established by the Secretary for the pur-
pose of this part, and (2) the recipient make at least annual inspec-
tions of each unit during the contract term. 
"0)) PROHIBITION.—No assistance may be provided for a dwelling 
unit (1) for which the occupancy charge is not reasonable, or (2) 
which fails to meet the housing standards, unless the owner or 
lessor, as the case may be, promptly corrects the deficiency and the 
recipient verifies the correction. 
"SEC. 464. ADMINISTRATIVE FEES. 
"From amounts made available under appropriations Acts, the 
Secretary shall make amounts available to pay the nonprofit entity 
that is the owner or lessor of the housing assisted under this part an 
administrative fee in an amount determined appropriate by the 
Secretary for the costs of administering the housing assistance. 
''Subtitle E—Miscellaneous 
Regulations. 
"SEC. 471. ENVIRONMENTAL REVIEW. 
"The provisions of, and the regulations and procedures applicable 
under, section 104(g) of the Housing and Community Development 
Act of 1974 shall apply to sissistance and projects under this title.". 
OJ) IMPLEMENTATION.—Not later than 180 days after the date 
funds authorized under section 439 of the Stewart B. McKinney 
Homeless Assistance Act, as amended by this section, first become 
available for obligation, the Secretary shall by notice establish such 
requirements as may be necessary to carry out the provisions of 
subtitle D of title IV of that Act. Such requirements shall be subject 
to section 553 of title 5, United States Code. The Secretary shall 
issue regulations based on the initial notice before the expiration of 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4699 
the 8-month period following the date of the notice. The Secretary 
shall issue regulations bsised on the initial notice before the expira-
tion of the 8-month period following the date of the notice. In 
developing program guidelines and regulations to implement such 
subtitle, the Secretary of Housing and Urban Development may 
consult with the Secretary of Health and Human Services with 
respect to supportive services aspects of this title. 
(c) TRANSITION PROVISIONS.—Amounts appropriated for use under 
subtitle D of title IV of the Stewart B. McKinney Homeless Assist-
ance Act, as it existed immediately before the effective date of the 
amendment made by this section, that are or become available for 
obligation shall be available for use under subtitle D of title IV of 
the Stewart B. McKinney Homeless Assistance Act, as amended by 
this section. 
SEC. 302. DEFINITION OF "HOMELESS PERSON". 
Section 103(a) of the Stewart B. McKinney Homeless Assistance 
Act is amended by adding after "homeless individual" the following: 
"or homeless person". 
SEC. 303. TRANSITIONAL RULE. 
(a) IN GENERAL.—The amendment made by section 301 shall take Effective date. 
(1) on October 1,1992, or 
(2) on the date specified by a statute adopting a proposed 
allocation formula described in subsections (h) and (c), 
whichever is later. 
OJ) FEASIBIUTY STUDY.—The Secretary shall carry out a study to 
determine the feasibility of allocating homeless gissistance by a 
formula that distributes housing assistance for the homeless in 
accordance with the relative incidence of homelessness in jurisdic-
tions across the United States. If the Secretary determines that the 
use of such a formula is feasible, the Secretary shall develop one or 
more such formulas. In determining alternative allocation formulas, 
the Secretary shall consider— 
(1) objective measures of the incidence of homelessness; 
(2) the relation between the supply of affordable housing for 
very low-income families and the number of such families in the 
jurisdiction; 
(3) poverty; 
(4) housing overcrowding; and 
(5) any other relevant factors, including the reliability of data 
pertaining to homelessness. 
(c) REPORT.—Not later than 18 months after the date of enactment 
of this Act, the Secretary shall transmit to the Congress a report on 
the feasibility study under this subsection. Such report shall contain 
any formula or formulas developed under subsection 0>) together 
with detailed analysis of the formulas. In preparing such report, the 
Secretary shall consult with organizations representing homeless 
persons, nonprofit organizations, public housing agencies, and State 
and local housing and service agencies. 
(d) CONFORMING AMENDMENT.—Upon the adoption of a formula 
described in this section, that part of the table of contents of the 
Stewart B. McKinney Homeless Assistance Act that relates to title 
IV of such Act is amended to read as follows: 
"TITLE IV—HOUSING ASSISTANCE 
"Subtitle A—Greneral Provisions 
"Sec. 401. Purpose. 
104 STAT. 4700 
PUBLIC LAW 101-645—NOV. 29, 1990 
"Sec. 402. Definitions. 
"Sec. 403. General authority. 
"Sec. 404. Allocation formula. 
"Sec. 405. Discretionary allocation. 
"Sec. 406. Responsibilities of grantees and project sponsors. 
"Sec. 407. Administrative provisions. 
"Sec. 408. Authorization of appropriations. 
"Sec. 409. Reports to Congress. 
"Subtitle B—Approved Activities. 
"Sec. 411. Homelessness prevention. 
"Sec. 412. Emergency shelter. 
"Sec. 413. Transitional housing for the homeless. 
"Sec. 414. Permanent housing for homeless persons with disabilities. 
"Sec. 415. Transition to permanent housing. 
"Sec. 416. Development of additional approved activities. 
Infants and 
children. 
Federal 
Register, 
publication. 
"Subtitle C—Section 8 Single Room Occupancy 
"Sec. 421. Section 8 single room occupancy provisions. 
"Sec. 422. Applicability to Indian tribes. 
"Subtitle D—Shelter Plus Care Program 
"PART I—SHELTER PLUS CARE: GENERAL REQUIREMENTS 
"Sec. 431. Purpose. 
"Sec. 432. Rented housing assistance. 
"Sec. 433. Supportive services requirements; matching funding. 
"Sec. 434. Applications. 
"Sec. 435. Selection criteria. 
"Sec. 436. Required agreements. 
"Sec. 437. Termination of assistance. 
"Sec. 438. Definitions. 
"Sec. 439. Authorization of appropriations. 
"PART II—SHELTER PLUS CARE: HOMELESS RENTAL HOUSING ASSISTANCE 
"Sec. 441. Purpose. 
"Sec. 442. Housing assistance. 
"Sec. 443. Amount of assistance. 
"Sec. 444. Housing standards and rent reasonableness. 
"Sec. 445. Tenant rent. 
"Sec. 446. Administrative fees. 
"PART HI—SHELTER PLUS CARE: MODERATE REHABILITATION ASSISTANCE FOR SINGLE 
ROOM OCCUPANCY DWELLINGS 
"Sec. 451. Purpose. 
"Sec. 452. Fire and safety improvements. 
"Sec. 453. Contract requirements. 
"Sec. 454. Occupancy. 
"PART FV—SECTION 202 RENTAL ASSISTANCE 
"Sec. 461. Purpose. 
"Sec. 462. Amount of assistance. 
"Sec. 463. Housing standards and rent reasonableness. 
"Sec. 464. Administrative fees. 
"Subtitle E—Miscellaneous 
"Sec. 471. Environmental review.". 
SEC. 304. STRATEGY TO ELIMINATE UNFIT TRANSIENT FACILITIES. 
(a) IN GENERAL.—The Secretary of Housing and Urban Develop-
ment shall, not later than 9 months after the date of enactment of 
the Stewart B. McKinney Homeless Assistance Amendments Act of 
1990, identify the States and units of general local government 
which use unfit transient facilities as housing for homeless families 
with children and develop and publish in the Federal Register a 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4701 
strategy to eliminate such use by July 1, 1992. In developing the 
strategy required under this section, the Secretary shall consult 
with the Secretary of the Department of Health and Human Serv-
ices, the Administrator of the Federal Emergency Management 
Agency, other appropriate Federal officials, appropriate States and 
units of general local government, major organizations representing 
homeless persons and other experts. 
(b) CONTENTS OF STRATEGY,—The strategy developed under this 
section shall specify— 
(1) actions to be taken to ensure that families with children 
currently residing in unfit transient facilities will make a 
timely transition to permanent housing; 
(2) actions to be taken to provide sufficient emergency, transi-
tional, and permanent housing to preclude the future use of 
unfit transient facilities as housing for homeless families with 
children; and 
(3) changes in Federal, State, and local statutes and regula-
tions that are needed to eliminate the use of unfit transient 
facilities as housing for homeless families with children. 
(c) IMPLEMENTATION OF STRATEGY.—To ensure that the strategy 
developed under this section is carried out within the statutory 
deadline, the Secretary of Housing and Urban Development shall be 
authorized to use and apply the following additional resources and 
powers: 
(1) such preferences in the allocation of resources under the 
Stewart B. McKinney Homeless Assistance Act as the Secretary 
determines to be appropriate; 
(2) such limitetions upon a jurisdiction's discretion to allocate 
resources among approved activities under the Stewart B. 
McKinney Homeless Assistance Act as the Secretary deter-
mines to be appropriate; 
(3) such expedited decisionmaking or waivers or revisions of 
regulatory requirements under other provisions of Federal law 
as the Secretary determines to be appropriate; and 
(4) such additional constraints on the use of funds under other 
provisions of Federal law as the Secretary determines to be 
appropriate. 
(d) DEFINITION.—For purposes of this section the term 'unfit tran-
sient facility' means a facUity that provides transient accommoda-
tions to homeless persons and families in an environment that does 
not meet the minimum standards of habitability established by the 
Secretary. 
Subtitle B—Amendments to Current Program 
SEC. 311. COMPREHENSIVE HOMELESS ASSISTANCE PLAN. 
(a) INCLUSION OF CHILD CARE STRATEGY AND FOOD DONATION 
STRATEGY.—Section 401(b) of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11361(b)) is amended— 
(1) by striking "and" at the end of paragraph (5); 
(2) by striking the period at the end of paragraph (6) and 
inserting a semicolon; and 
(3) by adding at the end the following new paragraphs: 
"(7) a strategy provided by metropolitan cities, urban coun-
ties, Indian tribes, or otherwise on a local basis, for providing 
child care services within the area, which strategy shall be 
104 STAT. 4702 
PUBLIC LAW 101-645—NOV. 29, 1990 
submitted (by the entity submitting the comprehensive plan) to 
any service providers under programs for which such entity 
receives assistance under this title; 
"(8) a strategy provided by metropolitan cities, urban coun-
ties, Indian tribes, or otherwise on a local basis, for providing a 
plan to encourage a program which waives certsdn local or State 
liability regulations or laws for those who wish to donate food to 
a nonprofit charitable organization or food bank for use in 
community shelters or other domiciles for the homeless, shall be 
submitted (by the entity submitting the comprehensive plan) to 
any service providers under programs for which such entities 
receive assistance under this title; and". 
(b) INCLUSION OF INDIAN TRIBES.—Section 401 of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11361) is amended— 
(1) in subsection (a), by adding at the end the following new 
sentence: "Assistance authorized by this title may be provided 
to any Indian tribe that is eligible to receive a grant under the 
emergency shelter grants progrsim in any fiscal year, but only if 
the tribe submits biennisdly to the Secretary of Housing and 
Urban Development a comprehensive homeless assistance plan 
under this section."; 
(2) in subsection (b)(5), by inserting "Indian tribe," after 
"State,"; 
(3) in subsection (cXl), by inserting "Indian tribe," after 
"State," each place it appears; 
(4) in subsection (d), by inserting "Indian tribe," after "State," 
each place it appears; and 
(5) in subsection (g)— 
(A) by inserting "(or tribal agency or contact)" after 
"State contact person"; 
(B) by inserting "(or tribe)" before the comma; and 
(C) by inserting "(or tribal agency or contact person)" 
after "or contact person". 
(c) MODIFICATION OF DEVELOPMENT AND TIMING, CONTENT, AND 
REVIEW STANDARDS.— 
(1) PUBLIC PARTICIPATION PROCESS FOR DEVELOPMENT OF PLANS 
AND ANNUAL REPORTS.—Section 401 of the Stewart B. McKinney 
Homeless Assistance Act (42 U.S.C. 11361) is amended by adding 
at the end the following new subsection: 
"(h) CONSULTATION.— 
"(1) REQUIREMENT.—Each State, Indian tribe, metropolitan 
city, and urbsm county described in subsection (a) shall consult 
with, and consider the comments of, citizens, public and private 
homeless shelter and service providers, and local governments 
concerning the contents of the comprehensive plan and the 
annual progress report required under subsection (d), prior to 
their submission to the Secretary. 
"(2) MODIFICATION.—Each State, Indian tribe, metropolitan 
city, and urban county described in subsection (a) may, if it 
considers it appropriate, modify the comprehensive plan and 
annual report to refiect the comments of citizens, public and 
private homeless shelter and service providers, and local 
governments. 
Public 
"(3) AVAILABILITY.—Each State, Indian tribe, metropolitan 
information. 
gj^y^ g^jj^ urban county shall make the comprehensive plan and 
annual report available to the public. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4703 
"(4) CERTIFICATION.—Each State, Indian tribe, metropolitan 
city, and urban county described in subsection (a) shall certify to 
the Secretary that citizens, public and private homeless shelter 
and service providers, and local governments were consulted 
concerning the contents of the comprehensive plan and the 
annual report, and that their views were considered prior to the 
submission of these documents to the Secretary, and that the 
comprehensive plan and annual report were available to the 
public". 
(2) MODIFICATION OF TIMING, CONTENT, AND REVIEW STAND-
ARDS.—Section 401 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11361) is amended— 
(A) in subsection (aXl), by striking "annually" and insert-
ing "biennially"; 
(B) in subsection (b)(2), by striking "and services" and 
inserting ", services, and programs"; 
(C) in subsection (b)(3)— 
(i) by striking "and services" and inserting ", serv-
ices, and programs"; 
(ii) by striking "and" before "(B)"; and 
(iii) by inserting before the semicolon at the end the 
following: ", (C) responding to the emergency and long-
term housing and service needs of the homeless popu-
lation, (D) providing housing and supportive services 
for various homeless populations to facilitate their 
transition to more independent living, (E) providing 
housing and supportive services to the portions of the 
homeless population that are not capable of achieving 
total independence, and (F) preventing and reducing 
homelessness through (i) interventions focused upon 
individuals and families who are in danger of becoming 
homeless, and (ii) addressing systemic factors contribut-
ing to homelessness". 
SEC. 312. EMERGENCY SHELTER GRANTS PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—The first sentence of sec-
tion 417 of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11377) is amended to read as follows: "There are authorized 
to be appropriated to carry out this subtitle $125,000,000 for fiscal 
year 1991 and $138,000,000 for fiscal year 1992.". 
(b) USE OF GRANTS FOR ADMINISTRATIVE COSTS.— 
(1) IN GENERAL.—Subtitle B of title IV of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11371 et seq.) is 
amended by adding at the end the following new section: 
"SEC. 418. ADMINISTRATIVE COSTS. 
"A recipient may use up to 5 percent of any annual grant received 
under this subtitle for administrative purposes. A recipient State 
shall share the amount available for administrative purposes pursu-
ant to the preceding sentence with local governments funded by the 
State.". 
(2) CONFORMING AMENDMENT.—The table of contents for sub-
title B of title IV of the Stewart B. McKinney Homeless Assist-
ance Act is amended by inserting after the item relating to 
section 417 the following new item: 
"Sec. 418. Administrative costs.". 
104 STAT. 4704 
PUBLIC LAW 101-645—NOV. 29, 1990 
(c) 
INCREASE IN AMOUNT 
AVAILABLE FOR SERVICES.—Section 
414(aX2XB) of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11374(aX2XB)) is amended by striking "20 percent" and 
inserting "30 percent". 
(d) TREATMENT OF HOMELESSNESS PREVENTION ACTIVITIES.—Sec-
tion 414(aX4) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11374(aX4)) is amended by strUdng the last sentence and 
inserting the following new sentence: "Not more than 30 percent of 
the aggregate amount of all assistance to a State, local government, 
or Indian tribe under this subtitle may be used for activities under 
this paragraph.". 
(e) REDUCTION OF REQUIRED MATCHING AMOUNTS AND CONFIDEN-
TIALITY.— 
(1) REDUCTION.—Section 415(a) of the Stewart B. McKinney 
Homeless Assistance Act (42 U.S.C. 11375(a)) is amended— 
(A) in paragraph (1), by striking "Each" the first place it 
appears and inserting "Except as provided in paragraph (2), 
each"; 
(B) by redesignating paragraph (2) as paragraph (3); and 
(C) by inserting after paragraph (1) the following new 
paragraph: 
"(2) Each recipient under this subtitle that is a State shall be 
required to supplement the assistance provided under this sub-
title with an amount of funds from sources other than this 
subtitle equal to the difference between the amount received 
under this subtitle and $100,000. If the amount received by the 
State is $100,000 or less, the State may not be required to 
supplement the assistance provided under this subtitle.'. 
(2) USE OF BENEFIT AND CONFIDENTIALITY.—Section 415(c) of 
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11375(c)) is amended— 
(A) by striking "smd" at the end of paragraph (2); 
(B) by striking the period at the end of paragraph (3) and 
inserting "; and ; and 
(C) by adding at the end the following new paragraphs: 
"(4) in the case of a recipient that is a State, obtain any 
matching emaounts required under subsection (a) in a manner so 
that local governments, Indian tribes, agencies, and local non-
profit organizations receiving sissistance from the grant that are 
least capable of providing the recipient State with such match-
ing amounts receive the benefit of the $100,000 subtrahend 
under subsection (a)(2); and 
"(5) develop and implement procedures to ensure the con-
fidentiality 
of records pertaining to any individual provided 
family violence prevention or treatment services under any 
project assisted under this subtitle and that the address or 
location of any family violence shelter project assisted under 
this subtitle will, except with written authorization of the 
person or persons responsible for the operation of such shelter, 
not be made public". 
(3) 
COMPREHENSIVE 
HOMELESS ASSISTANCE 
PLAN.—Section 
401(b) of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11361(b)), as amended by the preceding provisions of this 
Act, is further amended by adding at the end the following new 
paragraph: 
"(9) with respect to a comprehensive plan submitted by a 
State applying for a grant under the emergency shelter grants 
PUBLIC LAW 101-645—NOV. 29, 1990 - 
104 STAT. 4705 
program under subtitle B, a strategy for obtaining any match-
ing amounts required under section 415(a) in a manner so that 
local governments, Indian tribes, agencies, and local nonprofit 
organizations receiving assistance from the grant that are least 
capable of providing the recipient State with such matching 
amounts receive the benefit of the $100,000 subtrahend under 
paragraph (2) of such section.". 
(f) INDIAN TRIBE ELIGIBILITY FOR GRANTS.— 
(1) DEFINITION OF INDIAN TRIBES.—Section 411 of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11371) is 
amended by adding at the end the following new paragraph: 
"(10) The term 'Indian tribe' has the meaning given such term 
in section 102(aX17) of the Housing and Community Develop-
ment Act of 1974.". 
(2) GRANT ASSISTANCE.—Section 412 of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11372) is amended by 
striking "States and local governments" and inserting "States 
and local governments, and for Indian tribes,". 
(3) ALIJOCATION AND DISTRIBUTION OF ASSISTANCE.—Section 
413(a) of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11373(a)) is amended— 
(A) by inserting ", and to Indian tribes," after "States)"; 
and 
(B) bv inserting ", or for Indian tribes" after "urban 
county' each place it appears. 
(4) DISTRIBUTION TO NONPROFIT ORGANIZATIONS.—The first sen-
tence of section 413(c) of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11373(c)) is amended by inserting "or 
Indian tribe" after "local government". 
(5) REALLOCATION OF FUNDS.—Section 413(dX3) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11373(dX3)) is 
amended— 
(A) by inserting "or Indian tribe" after "State" each place 
it appears; and 
(B) by inserting ", or other Indian tribes, as applicable," 
after "counties". 
(6) ESSENTIAL SERVICES CAP.—Section 414(aX2) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11374(aX2)) is 
amended— 
(A) in subparagraph (A), by inserting "or Indian tribe" 
after "local government"; and 
(B) in subparagraph (B), by striking "or local govern-
ment" and inserting ", local government, or Indian tribe". 
(7) INITIAL ALLOCATION OF ASSISTANCE.—Section 416(b) of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11376(b)) is amended by inserting "Indian tribe," after "State,". 
(g) MINIMUM STANDARDS OF HABITABILITY.—Section 416 of 
the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11376) is 
amended by adding at the end the following: 
"(c) MINIMUM STANDARDS OF HABITABILITY.—The Secretary shall 
prescribe such minimum standards of habitability as the Secretary 
determines to be appropriate to ensure that emergency shelters 
assisted under this section are environments that provide appro-
priate privacy, safety, and sanitary and other health-related condi-
tions for homeless persons and families. Grantees are authorized to 
establish standards of habitability in addition to those prescribed by 
the Secretary.". 
104 STAT. 4706 
PUBLIC LAW 101-645—NOV. 29, 1990 
(h) CONSISTENCY WITH HOUSING STRATEGY.—Section 415(c) of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375(c)) 
is amended— 
(1) by striking "and" at the end of clause (2); 
(2) by striking the period at the end of clause (3) and inserting 
"; and"; and 
(3) by adding at the end the following: 
"(4) activities undertaken by the recipient with assistance 
under this subtitle are consistent with any housing strategy 
submitted by the grantee in accordance with section 105 of the 
Cranston-Gronzalez National Affordable Housing Act.". 
SEC. 313. SUPPORTIVE HOUSING DEMONSTRATION PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 428(a) of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11388(a)) 
is amended to read as follows: 
"(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to carry out this subtitle $125,000,000 for fiscal year 
1991 and $150,000,000 for fiscal year 1992.". 
(b) MAXIMUM NUMBER OF HANDICAPPED RESIDENTS IN PERMANENT 
HOUSING FOR HANDICAPPED.—Section 422(12)(B) of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11382(12XB)) is 
amended by inserting sifter "handicapped homeless persons" the 
second place it appears the following: (or 16 such persons, but only 
if not more than 20 percent of the units in a project are designated 
for such persons)". 
(c) CONVERSION OF ADVANCES TO GRANTS.— 
(1) IN GENERAL.—Section 423(a)(1) of the Stewart B. McICinney 
Homeless Assistance Act (42 U.S.C. 11383(aXl)) is amended— 
(A) by striking "An advance" and inserting "A grant"; 
and 
(B) by striking "an advance" and inserting "a grant". 
(2) CONVERSION OF ADVANCE.—Section 423(b) of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11383(b)) is 
amended— 
(A) by striking "(b) REPAYMENT OF ADVANCE.—" and 
inserting the following: 
"(b) REPAYMENT OR (CONVERSION OF ADVANCE.— 
"(1) REPAYMENT.—"; and 
(B) by adding at the end the following new paragraph: 
"(2) CONVERSION.—At such times as the Secretary may deter-
mine, and in accordance with such terms and conditions, and 
accounting and other procedures, as the Secretary may pre-
scribe, the Secretary may convert an advance made under 
subsection (aXD to a grant.'. 
(d) OPERATING C!OST PAYMENTS.—Section 423(aX3) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11383(aX3)) is 
amended to read as follows: 
"(3) Annual payments for operating costs of transitional hous-
ing (without regard to whether the housing is an existing 
structure), not to exceed 75 percent of the annual operating 
costs of such housing, and any recipient may reapply for such 
assistance or for the renewal of such assistance for use during 
the 10-year period under section 424(aX2XD) (unless such assist-
ance is no longer necessary, in the determination of the Sec-
retary), and for operating costs for permanent housing for 
handicapped homeless persons, not to exceed 75 percent of the 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4707 
annual operating costs of such housing in any year during the 
10-year period under section 424(aX2XD), and any recipient may 
reapply for such assistance or for renewal of such assistance for 
use during such period (unless such assistance is no longer 
necessary, in the determination of the Secretary).". 
(e) ELIGIBILITY OF NEW CONSTRUCTION.—Section 423(a) of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. 11383(a)), as 
amended by the preceding provisions of this section, is further 
amended— 
(1) by redesignating paragraphs (3) through (5) as paragraphs 
(4) through (6), respectively; 
(2) by inserting after paragraph (2) the following new para-
graph: 
"(3) A grant, in an amount not to exceed $400,000, for the new 
construction of a structure for use in the provision of supportive 
housing."; and 
(3) in the last sentence, by striking "paragraphs (1) and (2)" 
and inserting "paragraphs (1), (2), and (3)". 
(f) SITE CONTROL REQUIREMENT.—Section 424(aX3) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11384(aX3)) is 
amended— 
(1) by striking "(3) The Secretary" and inserting the 
following"(3)(A) Except as provided in subparagraph (B), the 
Secretary"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The Secretary may waive the requirement under 
subparagraph (A) for any proposed project for which the Sec-
retary determines such requirement is inapplicable because, 
under the application, the families and individuals served own 
or control, or will eventually own or control, the site.". 
(g) CHILD CARE SERVICES.—Section 423(a) of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11383(a)), £is gmaended by the 
preceding provisions of this section, is further amended by inserting 
after paragraph (5) the following: 
"(6) A grant to establish and operate a child care services 
program for homeless families as follows: 
"(A) A program under this paragraph shall include— 
"(i) establishing, licensing, and operating an on-site 
child care facility for the residents of transitional hous-
ing; or 
(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. 
"(B) A grant under this paragraph for any child care 
services program shall not exceed the amount equal to 75 
percent of the cost of operating the program for a period of 
up to 5 years. 
"(C) Child care services provided with respect to a child 
care services program assisted under this paragraph shall 
meet any applicable State and local laws and regulations.". 
(h) ELIMINATION OF SITE CONTROL AND EMPLOYMENT ASSISTANCE 
PROGRAMS AS SELECTION CRITERIA.—Section 424(b) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11384(b)) is 
amended— 
104 STAT. 4708 
PUBLIC LAW 101-645—NOV. 29, 1990 
(1) in paragraph (6), by inserting "and" after the semicolon at 
the end; 
(2) by striking paragraphs (7) and (8); and 
(3) by redesignating paragraph (9) as paragraph (7). 
(i) CONFIDENTIALITY REQUIREMENT FOR DOMESTIC VIOLENCE SHEL-
TERS.—Section 424(c) of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11384(c)) is amended— 
(1) in paragraph (4), by striking "and" at the end; 
(2) in paragraph (5), by striking the period at the end and 
inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(6) to develop and implement procedures to ensure the con-
fidentiality 
of records pertaining to any individual provided 
family violence prevention or treatment services under any 
project assisted under this subtitle and that the address or 
location of any family violence shelter project assisted under 
this subtitle will, except with written authorization of the 
person or persons responsible for the operation of such shelter, 
not be made public", 
(j) SHORT-TERM LEASES.— 
(1) 10-YEAR REQUIREMENT.—Section 424(aX2XD) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11384(a)(2)(D)) 
is amended by inserting before the semicolon at the end the 
following: ", except that in the case of projects not receiving £in 
advance or grant under paragraph (1), (2), or (3) of section 423(a), 
assurances under this subparagraph shall be made annually 
that the project will be operated for the purpose specified in the 
application for such year . 
(2) RENEWED FUNDING FOR SHORT-TERM LEASE PROJECTS.—Sec-
tion 424 of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11384) is amended by adding at the end the following 
new subsection: 
"(f) RENEWED FUNDING FOR SHORT-TERM LEASE PROJECTS.—The 
Secretary may not provide assistance under paragraph (4), (5), or (6) 
of section 423(a) to any project not receiving assistance under para-
graph (1), (2), or (3) of such section unless assurances have been 
made under subsection (a)(2XD) of this section that the project will 
be operated for the purpose specified in the application for the year 
for which such assistance is provided.". 
(k) INDIAN TRIBE ELIGIBILITY.— 
(1) DEFINITIONS.—Section 422 of the Stewart B. McKinney 
Homeless Assistance Act (42 U.S.C. 11382) is amended— 
(A) in paragraph (1), by inserting "Indian tribe," after 
"State,"; and 
(B) by redesignating paragraphs (4) through (14) as para-
graphs (5) through (15), respectively; and 
(C) by inserting after paragraph (3) the following new 
pargigraph: 
"(4) The term 'Indian tribe' has the meaning given such term 
in section 102(aX17) of the Housing and Community Develop-
ment Act of 1974.". 
(2) PROGRAM REQUIREMENTS.—Section 424 of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11384) is 
amended by inserting "or Indian tribe" after "State" each place 
it appears. 
(3) MATCHING FUNDS.—Section 425 of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11385) is amended— 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4709 
(A) in subsection (a), by inserting "or Indian tribe" after 
"State"; and 
(B) in subsection (b), by striking "State or local" and 
inserting "State, tribal, or local". 
SEC. 314. SUPPLEMENTAL ASSISTANCE FOR FACILITIES TO ASSIST THE 
HOMELESS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—The first sentence of sec-
tion 434 of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11394) is amended to read as follows: "There are authorized 
to be appropriated to carry out this subtitle $30,000,000 for each of 
fiscal years 1991 and 1992.". 
(b) SHORT-TERM LEASES.— 
(1) 10-YEAR REQUIREMENT.—Section 432(dX2) of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11392(dX2)) is 
amended— 
(A) by striking "leased,"; and 
(B) by inserting before the semicolon at the end the 
following: ", except that in the case of any leased property 
receiving assistance under this subtitle other than for lease 
of the property, assurances under this paragraph shall be 
made annually that the project will be operated to assist 
homeless individuals for such year". 
(2) RENEWED FUNDING FOR SHORT-TERM LEASE PROJECTS.—Sec-
tion 432 of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11392) is amended by adding at the end the following 
new subsection: 
"(h) RENEWED FUNDING FOR SHORT-TERM LEASE PROJECTS.—The 
Secretary may not provide assistance under this subtitle for any 
leased property for any year unless assurances under subsection 
(dX2) of this section have been made that the project will be operated 
to assist homeless individuals for the year for which such assistance 
is provided.". 
(c) CONFIDENTIALITY REQUIREMENT FOR DOMESTIC VIOLENCE SHEL-
TERS.—Section 432(d) of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11392(d)) is amended— 
(1) in paragraph (3), by striking "and" at the end; 
(2) by redesignating paragraph (4) as paragraph (5); and 
(3) by inserting after paragraph (3) the following new para-
graph: 
"(4) has furnished assurances satisfactory to the Secretary 
that the applicant will develop and implement procedures to 
ensure the confidentiality of records pertaining to any individ-
ual provided family violence prevention or treatment services 
under any project assisted under this subtitle and that the 
address or location of any family violence shelter project as-
sisted under this subtitle will, except with written authorization 
of the person or persons responsible for the operation of such 
shelter, not be made public; and". 
(d) SITE CONTROL REQUIREMENT.—Section 432(e) of the Stewart B. 
McKinney 
Homeless Assistance Act (42 U.S.C. 11392(e)) is 
amended— 
(1) by striking "(e) SITE CONTROL,—The Secretary" and insert-
ing the following: 
"(e) SITE CONTROL.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary"; and 
104 STAT. 4710 
PUBLIC LAW 101-645—NOV. 29, 1990 
(2) by adding at the end the following new paragraph: 
"(2) EXCEPTION.—The Secretary may waive the requirement 
under paragraph (1) for any proposed project for which the 
Secretary determines such requirement is inapplicable because, 
under the application, the families and individusds served own 
or control, or will eventually own or control, the site.". 
SEC. 315. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCUPANCY DWELL-
INGS. 
(a) INCREASE IN BUDGET AUTHORITY.—Section 441(a) of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. 11401(a)) is 
amended to read as follows: 
"(a) INCREASE IN BUDGET AUTHORITY.—The budget authority avail-
able under section 5(c) of the United States Housing Act of 1937 for 
assistance under section 8(eX2) of such Act is authorized to be 
increased by $79,000,000 on or after October 1, 1990, and by 
$82,400,000 on or after October 1,1991.". 
(b) APPLICABILITY TO INDIAN HOUSING AUTHORITIES.—Section 441 
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11401) is amended by adding at the end the following new sub-
section: 
"(g) APPLICABILITY TO INDIAN HOUSING AUTHORITIES.—Amounts 
made available for assistance under this section shall be available 
through contracts between the Secretary and Indian housing 
authorities, and the provisions of this section regarding public 
housing authorities shall include and apply to Indian housing 
authorities.". 
SEC. 316. HOUSING AFFORDABILITY STRATEGY REQUIREMENT. 
(a) IN GENERAL.—Section 401 of the Stewart B. McKinney Home-
less Assistance Act (42 U.S.C. 11361) is amended to read as follows: 
"SEC. 401. HOUSING AFFORDABILITY STRATEGY. 
"Assistance may be made under this title only if the grantee 
certifies that it is following— 
"(1) a current housing affordability strategy which has been 
approved by the Secretary in accordance with section 105 of the 
Cranston-Gonzalez National Affordable Housing Act, or 
"(2) a comprehensive homeless assistance plan which was 
approved by the Secretary during the 180-day period beginning 
on the date of enactment of the Cranston-Gonzalez National 
Affordable Housing Act, or during such longer period as may be 
prescribed by the Secretary in any case for good cause.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1,1991. 
SEC. 317. SHELTER PLUS CARE. 
(a) IN GENERAL.—Title IV of the Stewart B. McKinney Homeless 
Assistance Act is amended by adding at the end the following: 
PUBLIC LAW 101-645—NOV. 29, 1990 
"Subtitle F—Shelter Plus Care Program 
"PART I—SHELTER PLUS CARE: GENERAL 
REQUIREMENTS 
"SEC. 451. PURPOSE. 
"The purpose of the program authorized under this subtitle is to 
provide rental housing assistance, in connection with supportive 
services funded from sources other than this subtitle, to homeless 
persons with disabilities (primarily persons who are seriously men-
tally ill, have chronic problems with alcohol, drugs, or both, or have 
acquired immunodeficiency S3nidrome and related diseases) sind the 
families of such persons. 
"SEC. 452. RENTAL HOUSING ASSISTANCE. 
"(a) IN GENERAL.—The Secretary is authorized, in accordance 
with the provisions of this subtitle, to provide rental housing assist-
ance under parts II, III, and IV. 
"(b) FUNDING LIMITATIONS.—To the maximum extent practicable, 
the Secretary shall reserve not less than 50 percent of all funds 
provided under this subtitle for homeless individuals who are seri-
ously mentally ill or have chronic problems with alcohol, drugs, or 
both. 
"SEC. 453. SUPPORTIVE SERVICES REQUIREMENTS. 
"(a) MATCHING FUNDING.— 
"(1) IN GENERAL.—Each recipient shall be required to supple-
ment the assistance provided under this subtitle with an equal 
amount of funds for supportive services from sources other than 
this subtitle. Each recipient shall certify to the Secretary its 
compliance with this paragraph, and shall include with the 
certification a description of the sources and amounts of such 
supplemental funds. 
"(2) DETERMINATION OF MATCHING AMOUNTS.—In calculating 
the amount of supplemental funds provided under this subtitle, 
a recipient may include the value of any lease on a building, 
any salary paid to staff to carry out the program of the recipi-
ent, and the value of the time and services contributed by 
volunteers to carry out the program of the recipient at a rate 
determined by the Secretary. 
"(b) RECAPTURE.—If the supportive services and funding for the 
supportive services required by this section are not provided, the 
Secretary may recapture any unexpended housing assistance. 
"SEC 454. APPLICATIONS. 
"(a) IN GENERAL.—An application for rental housing assistance 
under this subtitle shall be submitted by an applicant in such forms 
and in accordance with such procedures as the Secretary shall 
establish. 
"(b) MINIMUM CONTENTS.—The Secretery shall require that an 
application identify the need for the assistance in the community to 
be served and shall contain at a minimum— 
"(1) a request for housing assistance under part II, III, or IV, 
or a combination, specifying the number of units requested and 
the amount of necessary budget authority; 
104 STAT. 4711 
Disabled. 
Alcoholism. 
Drug abuse. 
AIDS. 
39-194 O - 91 - 11 : QL 3 Part 6 
104 STAT. 4712 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(2) a description of the size and characteristics of the popu-
lation of eligible persons; 
"(3) an identification of the need for the program in the 
community to be served; 
"(4) the identity of the proposed service provider or providers 
(which may be, or include, the applicant) and a statement of the 
qualifications of the provider or providers; 
"(5) a description of the supportive services that the applicant 
proposes to assure will be available for eligible persons; 
"(6) a description of the resources that are expected to be 
made available to provide the supportive services required by 
section 453; 
"(7) 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; 
"(8) reasonable assurances satisfactory to the Secretary that 
the supportive services will be provided for the full term of the 
housing assistance under part 11, III, or IV, or a combination; 
and a certification from the applicant that it will fund the 
supportive services itself if the planned resources do not become 
available for any reason; 
"(9) a certification by the public official responsible 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 govern-
ment within which housing assistance under this subtitle will 
be provided; 
"(10) a plan for— 
"(A) in the case of rental housing assistance under part 
II, providing housing assistance; 
"(B) identifjdng and selecting eligible persons to partici-
pate, including a proposed definition of the term 'chronic 
problems with alcohol, other drugs, or both'; 
"(C) coordinating the provision of housing assistance and 
supportive services; 
"(D) ensuring that the service providers are providing 
supportive services adequate to meet the needs of the per-
sons served; 
"(E) obtaining participation of eligible persons who have 
previously not been assisted under programs designed to 
assist the homeless or have been considered not capable of 
participation in these programs; this plan shall specifically 
address how homeless persons, as defined in section 
103(aX2XC), (and the families of such persons) will be 
brought into the program; 
"(11) in the case of housing assistance under part III, identi-
fication of the specific structures that the recipient is proposing 
for rehabilitation and assistaince; and 
"(12) in the case of housing assistance under part IV, identi-
fication of the nonprofit entity that will be the owner or lessor 
of the property, and identification of the specific structures in 
which the nonprofit entity proposes to house eligible persons. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4713 
"SEC. 455. SELECTION CRITERIA. 
"(a) IN GENERAL.—The Secretary shall establish selection criteria 
for a national competition for assistance under this subtitle, which 
shaU include— 
"(1) the ability of the applicant to develop and operate the 
proposed assisted housing and supportive services program, 
taHng 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 persons in the area to be served; 
(4) the quality of the proposed program for providing 
supportive services aiid housing assistance; 
(5) the extent to which the proposed funding for the support-
ive 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; and 
"(8) the cost-effectiveness of the proposed program; and 
"(9) such other factors as the Secretary specifies in regula-
tions to be appropriate for purposes of canying out the program 
established by this subtitle in an effective and efficient manner. 
"G)) FUNDING LIMITATION,—No more than 10 percent of the assist-
ance made available under this subtitle for any fiscal year may be 
used for programs located within any one unit of general local 
government. 
"SEC. 456. REQUIRED AGREEMENTS. 
"The Secretary may not approve assistance under this subtitle 
unless the applicant agrees— 
"(1) to operate the proposed program in accordance with the 
provisions of this subtitle; 
"(2) to conduct an ongoing assessment of the housing assist-
ance and supportive services required by the participant in the 
program; 
"(3) to assure the adequate provision of supportive services to 
the participants in the program; and 
"(4) to comply with such other terms and conditions as the 
Secretary may establish for purposes of carrjdng out the pro-
gram in an effective and efficient manner. 
"SEC 457. TERMINATION OF ASSISTANCE. 
"(a) AUTHORITY.—If an eligible individual who receives assistance 
under this subtitle violates progrsim requirements, the recipient 
may terminate assistance in accordance with the process established 
pursuant to subsection (b). 
"0)) PROCEDURE.—In terminating assistance under this section, 
the recipient shall provide a formal process that recognizes the 
rights of individuals receiving such assistance to due process of law. 
"SEC. 458. DEFINITIONS. 
"For purposes of this subtitle: 
(D The term 'acquired immunodeficiency syndrome and re-
lated diseases' has the meaning given such term in section 853 
of the Cranston-Gronzalez National Affordable Housing Act. 
"(2) The term 'applicant' means— 
104 STAT. 4714 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(A) in the case of rental housing assistance under parts 
n and rV, a State, unit of general local government, or 
Indian tribe; and 
"(B) in the case of single room occupancy housing under 
the section 8 moderate rehabilitation program under part 
m (i) a State, unit of genercd local government, or Indian 
tribe (that shall be responsible for assuring the provision of 
supportive services and the overall administration of the 
program), and (ii) a public housing agency (that shall be 
primarily responsible for administering the housing assist-
ance under part m). 
"(3) The term 'eligible person' means a homeless person with 
disabilities (primarily persons who are seriously mentally ill, 
have chronic problems with alcohol, drugs, or both, or have 
acquired immunodeficiency sjmdrome 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. 
"(6) The term 'person with disabilities' has the same meaning 
given the term in section 811 of the Cranston-Gronzalez Nationcd 
Affordable Housing Act. 
"(7) The term 'public housing agency' has the meaning given 
such term in section 3(bX6) of the United States Housing Act of 
1937. 
"(8) The term 'recipient' means an applicant approved for 
participation in the program authorized under thiis subtitle. 
"(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 several States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, and any other 
territory or possession of the United States. 
"(12) The term 'supportive services' means assistance that the 
Secretary determines (A) addresses the special needs of eligible 
persons; £uid (S) provides 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 services, counseling, 
supervision, education, job training, and other services essential 
for achieving and maintaining independent living. Inpatient 
acute hospital care shall not qualify as a supportive service. 
"(13) The term 'unit of general local government' has the 
meaning given such term in section 102 of the Housing and 
Ck>mmunity Development Act of 1974. 
"SEC. 459. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—For purposes of the housing program under 
part II of this subtitle, there are authorized to be appropriated 
$80,400,000 for fiscal year 1991, and $167,200,000 for fiscal year 1992. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4715 
"(b) PART IIL—For purposes of the housing progrgim under part III 
of this subtitle, the budget authority avsiilable under section 5(c) of 
the United States Housing Act of 1937 for assistance under section 
8(eX2) of such Act is authorized to be increased by $24,800,000 on or 
after October 1, 1990, and $54,200,000 on or after October 1, 1991. 
"(c) PART IV.—For purposes of the housing program under part IV 
of this subtitle, there are authorized to be appropriated $18,000,000 
for fiscal year 1991, and $37,200,000 for fiscal year 1992. 
"(d) AVAILABILITY.—Sums appropriated under this section shall 
remain available until expended. 
"PART II—SHELTER PLUS CARE: HOMELESS 
RENTAL HOUSING ASSISTANCE 
"SEC. 461. PURPOSE. 
"The Secretary is authorized to use amounts made available 
under section 459(a) to provide rental housing assistance in accord-
ance with the requirements of this part. 
"SEC. 462. HOUSING ASSISTANCE. 
"Where necessary to assure that the provision of supportive serv-
ices to persons is feasible, a recipient may require that a person 
participating in the program live (1) in a particular structure or unit 
for up to the first year of participation, and (2) within a particular 
geographic area for the full period of participation or the period 
remaining after the period referred to in paragraph (1). 
"SEC. 463. AMOUNT OF ASSISTANCE. 
Government 
. . 
„ 
. 
1
1
. 
1 11 contracts. 
The contract with a recipient for assistance under this part shall 
be for a term of 5 years. Each contract shall provide that the 
recipient shall receive aggregate amounts not to exceed the appro-
priate existing housing fair market rent limitation under section 
8(c) of the United States Housing Act of 1937 in effect at the time 
the application is approved. At the option of the recipient and 
subject to the availability of such amounts, the recipient may re-
ceive in any year (1) up to 25 percent of such amounts or (2) such 
higher percentage as the Secretary may approve upon a demonstra-
tion satisfactory to the Secretary that the recipient has entered into 
firm financial commitments to ensure that the housing assistance 
described in the application will be jwovided for the full term of the 
contract. Any amounts not needed for a year may be used to 
increase the amount available in subsequent years. Each recipient 
shall ensure that the assistance provided by the Secretary, and any 
amounts provided from other sources, are managed so that the 
housing assistance described in the application is provided for the 
full term of the assistance. 
"SEC. 4
6
4
. 
HOUSING 
STANDARDS 
AND 
RENT 
REASONABLENESS. 
"(a) STANDARDS REQUIRED.—The Secretary shall require that— 
"(1) before any assistance may be provided to or on behalf of 
the person, each unit shall be inspected by the applicant di-
rectly or by another entity, including the local public housing 
agency (or if no such £^ency exists in the applicable area, an 
entity selected by the Secretary), to determine that the unit 
meets the housing quality standards under section 8 of the 
United States Housing Act of 1937 and that the occupancy 
charge for the dwelling unit is reasonable; and 
104 STAT. 4716 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(2) the recipient shall make at least annual inspections of 
each unit during the contract term. 
"(b) PROHIBITION,—No assistance may be provided for a dwelling 
unit (1) for which the occupancy charge is not reasonable, or (2) 
which fails to meet the housing standards, unless the owner 
promptly corrects the deficiency and the recipient verifies the 
correction. 
"SEC. 465. TENANT RENT. 
"Each tenant shall pay as rent an amount determined in accord-
ance with the provisions of section 3(aXl) of the United States 
Housing Act of 1937. 
"SEC. 466. ADMINISTRATIVE FEES. 
"From amounts made available under appropriations Acts, the 
Secretary shall make amounts available to pay the entity admin-
istering the housing assistance an administrative fee in an amount 
determined appropriate by the Secretary for the costs of administer-
ing the housing assistance. 
"PART III—SHELTER PLUS CARE: SECTION 8 
MODERATE 
REHABILITATION 
ASSISTANCE 
FOR SINGLE ROOM OCCUPANCY DWELLINGS 
"SEC. 471. PURPOSE. 
"The Secretary is authorized to use amounts made available 
under section 459(b) of this subtitle only in connection with the 
moderate rehabilitation of single room occupancy housing described 
in section 8(n) of the United States Housing Act of 1937 for occu-
pancy by homeless persons. However, amounts made available 
under section 4590)) 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 efficiency 
units. 
"SEC. 4
7
2
. 
FIRE 
AND 
SAFETY 
IMPROVEMENTS. 
"Each contract for housing assistance pajonents entered into 
using the authority provided under section 459(b) shall require the 
installation of a sprinkler system that protects all major spaces, 
hard-wired smoke detectors, and such other fire and safety improve-
ments as may be required by State or local law. For purposes of this 
section, the term 'major spaces' means hallways, large common 
areas, and other areas specified in local fire, building, or safety 
codes. 
"SEC. 473. CONTRACT REQUIREMENTS. 
"Each contract for annual contributions entered into by the Sec-
retary with a public housing agency to obligate the authority made 
available under section 459(b) shall— 
"(1) commit the Secretary to make the authority available to 
the public housing agency for an aggregate period of 10 years, 
and require that any amendment increasing the authority 
shall be available 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; and 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4717 
"(3) provide that, notwithstanding any other provision of law, 
first priority for occupancy of housing rehabilitated under this 
part III shall be given to homeless persons. 
"SEC. 474. OCCUPANCY. 
"(a) OCCUPANCY AGREEMENT.—The occupancy agreement between 
the tenant and the owner shall be for at least one month. 
"(b) VACANCY PAYMENTS.—If an eligible person vacates a dwelling 
unit before the expiration of the occupancy agreement, no assistance 
pa5anent may be made with respect to the unit after the month 
during which the unit was vacated, unless it is occupied by another 
eligible person. 
"PART IV—SHELTER PLUS CARE: SECTION 202 
RENTAL ASSISTANCE 
"SEC. 481. PURPOSE. 
"The Secretary is authorized to use amounts made available 
under section 459(c) of this subtitle only in connection with the 
provision of rental housing assistance under section 202 of the 
Housing Act of 1959 or section 811 of the Cranston-Gonzalez Na-
tional Affordable Housing Act for very low-income eligible persons. 
The contract between the Secretary smd the recipient shall require 
the recipient to enter into contracts with owners or lessors of 
housing meeting the requirements of section 202 or section 811, as 
appropriate for the purpose of providing such rental housing 
assistance. 
"SEC. 482. AMOUNT OF ASSISTANCE. 
"The contract with a recipient of assistance under this part shall 
be for a term of 5 years. Each contract shall provide that the 
recipient shall receive siggregate amounts not to exceed the appro-
priate existing housing fair market rent limitation under section 
8(c) of the United States Housing Act of 1937 in effect at the time 
the application is approved. Each recipient shall ensure that the 
assistance provided by the Secretary, and any emiounts provided 
from other sources, are managed so that the housing assistance 
described in the application is provided for the full term of the 
assistance. 
"SEC. 4
8
3
. 
HOUSING 
STANDARDS 
AND 
RENT 
REASONABLENESS. 
"(a) IN GENERAL.—The Secretary shall require that (1) the recipi-
ent inspect each unit before any assistance may be provided to or on 
behalf of the person to determine that the occupancy charge for the 
housing being or to be provided is reasonable and that each unit 
meets housing standards established by the Secretary for the pur-
pose of this part, and (2) the recipient make at least annual inspec-
tions of each unit during the contract term. 
"(b) PROHIBITION.—No assistance may be provided for a dwelling 
unit (1) for which the occupancy charge is not reasonable, or (2) 
which fails to meet the housing standards, unless the owner or 
lessor, as the case may be, promptly corrects the deficiency and the 
recipient verifies the correction, 
"SEC. 484. ADMINISTRATIVE FEES. 
"From amounts made available under appropriations Acts, the 
Secretary shall make amounts available to pay the nonprofit entity 
Government 
contracts. 
Nonprofit 
organizations. 
104 STAT. 4718 
PUBLIC LAW 101-645—NOV. 29, 1990 
that is the owner or lessor of the housing gissisted under this part an 
administrative fee in an amount determined appropriate by the 
Secretary for the costs of administering the housing assistance.". 
Cb) IMPLEMENTATION.—Not later than 180 days after the date 
funds authorized under section 459 of the Stewart B, McKinney 
Homeless Assistance Act, as amended by this section, first become 
av£iilable for obligation, the Secretary shall by notice establish such 
requirements as may be necessary to carry out the provisions of 
subtitle F of title IV of that Act. Such requirements shall be subject 
Regulations. 
to section 553 of title 5, United States Code. The Secretary shall 
issue regulations based on the initial notice before the expiration of 
the eight-month period following the date of the notice. The Sec-
retary shall issue regulations based on the initial notice before the 
expiration of the 8-month period following the date of the notice. In 
developing program guidelines and regulations to implement such 
subtitle, the Secretary of Housing and Urban Development may 
consult with the Secretary of Health and Human Services with 
respect to supportive services aspects of this title. 
(c) TRANSITION PROVISIONS.—Amounts appropriated for use under 
subtitle D of title IV of the Stewart B. McKinney Homeless Assist-
ance Act, as it existed immediately before the date of the enactment 
of this section, that are or become available for obligation shall be 
available for use under subtitle F of title IV of the McKinney Act, as 
amended by this section. 
(d) CONFORMING AMENDMENT.—That part of the table of contents 
of the Stewart B. McKinney Homeless Assistance Act that relates to 
title IV of such Act is amended by adding at the end the following 
new items: 
"Subtitle F—Shelter Plus Care Program 
"PART I—SHELTER PLUS CARE: GENERAL REQUIREMENTS 
"Sec. 451. Purpose. 
"Sec. 452. Rented housing assistance. 
"Sec. 453. Supportive services requirements; matching funding. 
"Sec. 454. Applications. 
"Sec. 455. Selection criteria. 
"Sec. 456. Required agreements. 
"Sec. 457. Termination of assistance. 
"Sec. 458. Definitions. 
"Sec. 459. Authorization of appropriations. 
"PART II—SHELTER PLUS CARE: HOMELESS RENTAL HOUSING ASSISTANCE 
"Sec. 461. Purpose. 
"Sec. 462. Housing assistance. 
"Sec. 463. Amount of assistance. 
"Sec. 464. Housing standards smd rent reasonableness. 
"Sec. 465. Tenant rent. 
"Sec. 466. Administrative fees. 
"PART III—SHELTER PLUS CARE: MODERATE REHABIUTATION ASSISTANCE FOR SINGLE 
ROOM OCCUPANCY DWELLINGS 
"Sec. 471. Purpose. 
"Sec. 472. Fire and safety improvements. 
"Sec. 473. Contract requirements. 
"Sec. 474. Occupancy. 
"PART IV—SECTION 202 RENTAL ASSISTANCE 
"Sec. 481. Purpose. 
"Sec. 482. Amount of assistance. 
"Sec. 483. Housing standards and rent reasonableness. 
"Sec. 484. Administrative fees.". 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4719 
Subtitle C—Effective Date 
SEC. 321. EFFECTIVE DATE. 
If the Cranston-Gronzalez National Affordable Housing Act is 
enacted before the enactment of this Act, the provisions of this title 
and the amendments made by this title shall not take effect. This 
section shall apply notwithstanding any other provision relating to 
effective date or applicability contained in this title. 
TITLE IV—USE OF PUBLIC REAL PROPER-
TY TO ASSIST THE HOMELESS AND 
CENSUS STUDY 
SEC. 401. USE OF CERTAIN PUBLIC REAL PROPERTY TO ASSIST THE 
HOMELESS. 
(a) IN GENERAL.—Section 501 of the Stewart B. McKinney Home-
less Assistance Act (42 U.S.C. 11411) is amended to read as follows: 
"SEC. 501. USE OF UNUTILIZED AND UNDERUTILIZED PUBLIC BUILDINGS 
AND REAL PROPERTY TO ASSIST THE HOMELESS. 
"(a) 
IDENTIFICATION OF SUITABLE PROPERTY.—The Secretary of 
Housing and Urban Development shall, on a quarterly basis, request 
information from each landholding agency regarding Federal public 
buildings and other Federal real properties (including fixtures) that 
are excess property or surplus property or that are described as 
unutilized or underutilized in surveys by the heads of landholding 
agencies under section 202(bX2) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 483(bX2)). No later 
than 25 days after receiving a request from the Secretary, the head 
of each landholding agency shall transmit such information to the 
Secretary. No later than 30 days after receiving such information, 
the Secretary shall identify which of those buildings and other 
properties are suitable for use to assist the homeless. 
"(b) AVAILABILITY OF PROPERTY.—(1) The Secretary shall promptly 
notify each Federal agency with respect to any property of that 
agency that the Secretary has identified under subsection (a). No 
later than 45 days after receipt of such a notice, the head of the 
appropriate landholding agency shall transmit to the Secretary the 
agency's response to property identifications contained in such 
notification, which shall include— 
"(A) in the case of unutilized or underutilized property— 
"(i) a statement of intention to determine the property 
excess to the agency's needs; 
"(ii) a statement of intention to make the property avail-
able for use to assist the homeless; or 
"(iii) a statement of the reasons (including a full expla-
nation of the need) the property cannot be determined 
excess to the agency's needs or made available for use to 
assist the homeless; and 
"(B) in the case of excess property— 
"(i) a statement that there is no other compelling Federal 
need for the property and, therefore, the property will be 
determined surplus; or 
104 STAT. 4720 
PUBLIC LAW 101-645—NOV. 29, 1990 
Public 
information. 
Records. 
Federal 
Register, 
publication. 
Public 
information. 
Telephone. 
Public 
information. 
"(ii) a statement that there is further and compelling 
Federal need for the property (including a full explanation 
of such need) and that, therefore, the property is not pres-
ently available for use to assist the homeless. 
"(2XA) All properties identified by the Secretary under subsection 
(a) shall be available for application— 
"(i) in the case of property other than surplus property, for 
use to assist the homeless in accordance with the provisions of 
this section; and 
"(ii) in the case of surplus property, for use to assist the 
homeless either in accordance with this section or as a public 
health use in accordance with paragraphs (1) and (4) of section 
203(k) of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 484(k) (1) and (4)). 
"(3) The Secretary shall maintain a written public record of— 
"(A) the identification of buildings and other properties by the 
Secretary under this subsection and the reasons for such identi-
fications; and 
"(B) the responses of landholding agencies to such identifica-
tions. 
"(c) PuBUCATiON OF PROPERTIES.—(IXA) No later than 15 days 
after the last day of the 45-day period provided for under subsection 
(bXD, the Secretary shall publish in the Federal Register— 
"(i) a list of all properties reviewed by the Secretary under 
subsection (a); and 
"(ii) a list of all properties that are available under subsection 
(bX2) for application for use to assist the homeless. 
"(B) Each publication of properties shall include a description and 
the location of each property (including the address and zip code) 
and the current classification of each property as unutilized, 
underutilized, excess property, or surplus property. 
"(C) The Secretary shall make available to the public upon 
request all information in the possession of the Department of 
Housing and Urban Development (other than valuation informa-
tion), regardless of format, about all properties reviewed and not 
identified as being suitable for use to assist the homeless, including 
the reasons such properties were not so identified. 
"(D) The Secretary shall publish separately, on an annual basis, 
all properties identified as being suitable for use to assist the 
homeless, but reported to be unavailable, and the reasons such 
properties were unavailable. 
"(2XA) No later than 15 days after the last day of the 45-day 
period provided for under subsection (bXD, the Secretary shall 
transmit a copy of the list of available properties published under 
paragraph (IXAXii) to the Interagency Council on the Homeless. The 
dJouncil shall immediately distribute to all State and regional home-
less coordinators area-relevant portions of the list. 
"(B) The Secretary, the Administrator, and the Secretary of 
Health and Human Services shall make such efforts as are nec-
essary to ensure the widest possible dissemination of the informa-
tion on such list. 
"(C) The Secretary shall establish a toll-free number to provide 
the public with specific information about properties on such list. 
"(3) The Secretary shall make available to the public upon request 
all information (other than valuation information) regardless of 
format in the possession of the Department of Housing and Urban 
Development about the properties published under paragraph (IXA), 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4721 
including environmental assessment data. The Secretary shall 
maintain a current list of agency contacts for making referrals of 
inquiries for information about specific properties. 
"(4XA) On December 31 of each year, the head of each landholding Reports, 
agency shall report to the Secretary the current availability status 
and the current classification of each property controlled by the 
agency, that— 
"(i) was included in a list published in that year by the 
Secretary under paragraph (lXA)(ii); and 
"(ii) remains available for application for use to assist the 
homeless or has become available for application during that 
year. 
"(B) No later than February 15 each year, the Secretary shall Federal 
publish in the Federal Register a list of all properties reported ^^gj?*®^.' 
under subparagraph (A) for the preceding year and the current 
P"''"'^^'^!^"-
classification of the properties. 
"(C) For purposes of subparsigraph (A), property shall be consid-
ered to remain available for application for use to assist the home-
less if, subsequent to the 60-day holding period provided under 
subsection (d)— 
"(i) no application or written expression of interest has been 
made under any law for use of the property for any purpose; 
and 
"(ii) the Administrator has not received a bona fide offer to 
purchase the property or advertised for the sale of the property 
by public auction. 
"(d) HOLDING PERIOD.—(1) Properties published under subsection 
(cXlXAXii) as available for application for use to assist the homeless 
shall not be available for any other purpose for a period of 60 days 
beginning on the date of such publication. 
"(2) If written notice of intent to apply for such a property for use 
to assist the homeless is received by the Secretary of Health and 
Human Services within the 60-day period described under para-
graph (1), such property may not be made available for any other 
purpose until the date the Secretary of Health and Humam Services 
or other appropriate landholding agency has completed action on 
the application submitted under subsection (e) with respect to that 
written notice of intent. 
"(3) Property that is reviewed by the Secretary under subsection 
(a) and that is not identified by the Secretary as being suitable for 
use to assist the homeless may not be made available for any other 
purpose for 20 days after the determination of unsuitabUity to allow 
for review of the determination at the request of the representative 
of the homeless. The Secretary shall disseminate immediately this 
information to the regional offices of the Department of Housing 
and Urban Development and to the Interagency Council on the 
Homeless. 
"(4XA) Written notice of intent to apply for a property published 
under subsection (cXlXAXii) may be filed at any time after the 60-
day period described in paragraph (1) has expired. In such case, an 
application submitted pursuant to the notice may be approved for 
disposal for use to assist the homeless only if the property remains 
available for application for use to assist the homeless. If the 
property remains available, the use to assist the homeless shall be 
given priority of consideration over other competing disposal 
opportunities under section 203 of the Federal Property and 
104 STAT. 4722 
PUBLIC LAW 101-645—NOV. 29, 1990 
Administrative Services Act of 1949 (40 U.S.C. 484), except as pro-
vided in subsection (fX3XA). 
"(B) Surplus property for which an application has been approved 
shall be assigned promptly to the Secretary of Health and Human 
Services for disposition in accordance with and subject to subsection 
(f). 
"(e) APPUCATION FOR PROPERTY.—(1) A representative of the 
homeless may submit an application to the Secretaiy of Health and 
Human Services for any property that is published under subsection 
(cXlXAXii) as available for application for use to assist the homeless. 
"(2) No later than 90 days after the submission of written notice of 
intent to apply for a property, an applicant shall submit a complete 
application to the Secretary of Health and Human Services. TTie 
Secretaiy of Health and Hiunan Services shall, with the, concur-
rence of the appropriate landholding agency, grant reasonable 
extensions. 
"(3) No later than 25 dajrs after receipt of a completed application, 
the Secretary of Health and Human Services shall review, make all 
Public 
determinations, and complete all actions on the application. TTie 
^formation. 
Secretary of Health and Human Services shall maintain a written 
Records. 
public record of all actions taken in response to an application. 
"(f) MAKING PROPERTY AVAILABLE TO REPRESENTATIVES OP THE 
HOMELESS.—(1) Subject to the provisions of this subsection, property 
for which the Secretary of Health and Human Services has ap-
proved an application under subsection (e) shall be made promptly 
available by permit or lease, or by deed as a public health use under 
paragraphs (1) and (4) of section 203(k) of the Federal Property and 
Admmistrative Services Act of 1949 (40 U.S.C. 484(kXl) and (4)), to 
the representative of the homeless that submitted the application. 
"(2) Unutilized underutilized property that is the subject of an 
agency's statement of intention under subsection (bXlXAXii) shall be 
made promptly available by the appropriate landholding agency to 
the approved applicant by lease or permit for a term of not less than 
1 year, unless the applicant requests a shorter term. 
"(3XA) In disposing of surplus property by deed or lease under 
section 203 of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 484), the Administrator and the Secretary of 
Health and Human Services shall give priority of consideration to 
uses to assist the homeless, unless the Administrator or the Sec-
retary of Health and Human Services determines that a competing 
request for the property under section 203(k) of such Act is so 
meritorious and compelling as to outweigh the needs of the 
homeless. 
"(B) Whenever the Administrator or the Secretaiy of Health and 
Human Services makes a determination under subparagraph (A), 
the Administrator or the Secretaiy of Health and Human Services 
shall transmit to the appropriate committees of the Clongress an 
explanatory statement detailing the need satisfied by conveysince of 
the surplus property and the reasons for determining that such need 
was so meritorious and compelling as to outweigh the needs of the 
homeless. 
"(4) For any property made available by lease to a representative 
of the homeless before the date of the enactment of the Stewart B. 
McKinney Homeless Assistance Amendments Act of 1990, the Sec-
retary of Health and Human Services may, upon written request by 
the representative, convey such property by deed to the representa-
tive in accordance with, and subject to the requirements of, section 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4723 
Public 
information. 
203(k) of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 484(k)). The lease term shall not be affected if a deed 
is not granted. 
"(g) RECORDS.—The Secretary shall maintain a written public 
record of— 
"(1) the reasons for determinations of the Secretary under 
this section that property is suitable or unsuitable for use to 
assist the homeless; and 
"(2) the responses of landholding agencies under subsection 
(bXD. 
"(h) DEFINITIONS.—For purposes of this section— 
"(1) the term 'Administrator' means the Administrator of 
General Services; 
"(2) each of the terms 'excess property' and 'surplus property' 
has the meaning given that term under section 3 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 
472); 
"(3) the term 'landholding agency' means a Federal depart-
ment or agency with statutory authority to control real prop-
erty; 
"(4) the term 'representative of the homeless' means a State 
or local government agency, or private nonprofit organization, 
which provides services to the homeless; and 
"(5) the term 'Secretary' means the Secretary of Housing £ind 
Urban Development, except as otherwise provided.". 
(b) EFFECTIVE DATE OF AMENDMENT.—The amendment made by 
subsection (a) shall be effective 90 days after the date of the enact-
ment of this Act. 
(c) UNUTILIZED AND UNDERUTIUZED PROPERTY.—For purposes of 42 use 11411 
section 501 of the Stewart B. McKinney Homeless Assistance Act (42 "ot^. 
U.S.C. 11411) (as amended by this Act) the terms "unutilized" and 
"underutilized" when used to describe property have the same 
meaning such terms had before the date of the enactment of this Act 
under such section 501. 
(d) PROMULGATION OF REGULATIONS.—No later than 90 days after 42 use 11411 
the date of the enactment of this Act, the Administrator of (Jenergd "
o
*
®
-
Services, the Secretary of Health and Human Services, and the 
Secretary of Housing and Urban Development shall promulgate 
regulations implementing this section and the amendment made by 
this section. 
SEC. 402. STUDY OF THE COUNTING OF THE HOMELESS FOR THE NA- 13 USC 141 NOTE. 
TIONAL CENSUS. 
Not later than 1 year after the date of the enactment of this Act, Reports, 
the General Accounting Office shall conduct a study of the meth-
odology and procedures used by the Bureau of the Census in count-
ing the number of homeless persons for the most recent decennial 
census conducted pursuant to title 13, United States Code, to deter-
mine the accuracy of such count, and report to the Congress the 
results of that study. 
42 u s e 11411 
note. 
104 STAT. 4724 
PUBLIC LAW 101-645—NOV. 29, 1990 
TITLE V—HEALTH CARE FOR THE 
HOMELESS 
Subtitle A—Categorical Grants for Primary 
Health Services and Substance Abuse Services 
SEC. 501. WAIVER FOR CERTAIN ORGANIZATIONS OF REQUIREMENT OF 
STATUS AS MEDICAID PROVIDER 
Section 340(b) of the Public Health Service Act (42 U.S.C. 256(b)) is 
amended to read as follows: 
"(b) MINIMUM QUAUFICATIONS OF GRANTEES.—(1) Subject to para-
graph (2), the Secretary may not make a grant under subsection (a) 
to an applicant unless— 
"(A) the applicant is a public or nonprofit private entity; 
"(B) the applicant has the capacity to effectively administer a 
grant under subsection (a); and 
"(C) in the case of any health service that is covered in the 
State plan approved under title XIX of the Social Security Act 
for the State involved— 
"(i) the applicant for the grant will provide the health 
service directly, and the applicant has entered into a 
participation agreement under the State plan and is quali-
fied to receive pa3mients under such plan; or 
"(ii) the applicant for the grant will enter into an agree-
ment with an organization under which the organization 
will provide the health service, and the organization has 
entered into such a participation agreement £md is qualified 
to receive such payments. 
"(2XA) In the case of an organization making an agreement under 
paragraph (IXCXii) regarding the provision of health services under 
subsection (a), the requirement established in such paragraph 
regarding a participation agreement shall be waived by the Sec-
retary if the organization does not, in providing health care services, 
impose a charge or accept reimbursement available from any third-
party payor, including reimbursement under any insurance policy 
or under any Federal or State health benefits program. 
"(B) A determination by the Secretary of whether an organization 
referred to in subparagraph (A) meets the criteria for a waiver 
under such subparagraph shall be made without regard to whether 
the organization accepts voluntary donations regarding the provi-
sion of services to the public". 
SEC. 502, AUTHORIZATION OF APPROPRIATIONS. 
Section 340(qXl) of the Public Health Service Act (42 U.S.C. 
256(qXl)) is amended by striking "$61,200,000" and all that follows 
and inserting the following: "$70,000,000 for fiscal year 1991, 
$80,000,000 for fiscal year 1992, and such sums as may be necessary 
for each of the fiscal years 1993 and 1994.". 
SEC. 503. ESTABLISHMENT OF PROGRAM REGARDING PRIMARY HEALTH 
SERVICES FOR HOMELESS CHILDREN. 
Section 340 of the Public Health Service Act (42 U.S.C. 256) is 
amended by adding at the end the following new subsection: 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4725 
"(s) GRANTS REGARDING OUTREACH AND PRIMARY HEALTH SERV-
ICES FOR HOMELESS CHILDREN.— 
"(1) The Secretary may make grants to entities specified in 
paragraph (2) for the purpose of enabling the entities, directly 
or through contracts, to carry out demonstration programs— 
"(A) to provide comprehensive primary health services to 
homeless children and to children at imminent risk of 
homelessness, including such services provided through 
mobile medical units; 
"(B) to provide referrals for the provision of appropriate 
health services, social services, and education services to 
children receiving services under subparagraph (A) (includ-
ing referrals regarding hospitals, the programs of sections 
329 and 330, the program of the Head Start Act (and other 
programs providing education services), and programs 
regarding the prevention and treatment of child abuse); and 
"(C) to provide outreach services to identify children who 
are homeless and to inform the parents (or other guardians) 
of the children of the availability of services from the 
grantees and from the entities or programs specified in 
subparagraph (B). 
"(2) The entities referred to in paragraph (1) are— 
"(A) grantees under subsection (a), and other public and 
nonprofit private entities (other than children's hospitals) 
that provide primary health services, and substance abuse 
services, to a substantial number of homeless individuals; 
and 
"(B) public and nonprofit private children's hospitals that 
provide primary health services to a substantial number of 
such individuals. 
"(3XA) The Secretary may not make a grant under parEigraph 
(1) to a hospital unless the hospital agrees, with respect to the 
costs of providing services under such paragraph, to make 
available (directly or through donations from public or private 
entities) non-Federsil contributions toward such costs in an 
amount that is not less than $1 for each $1 of Federal funds 
provided in the grant. 
"(B) Non-Federal contributions required in subparagraph (A) 
may be in cash or in kind, fairly evaluated, including plant, 
equipment, or services. Amounts provided by the Federal 
Government, or services assisted or subsidized to any significant 
extent by the Federal Government, may not be included in 
determining the amount of such non-Federal contributions. 
"(4) The Secretary may not make a grant under paragraph (1) 
unless the applicant for the grant agrees that subsections (bX3), 
(h), (i), and (j) will apply to the grant to the same extent and in 
the same manner as such subsections apply to any grant under 
subsection (a). For purposes of subsection (iXlXD) (including as 
applied to this subsection by the preceding sentence), mobile 
medical units shall be considered to be major medical equip-
ment. 
"(5) The Secretary may not make a grant under paragraph (1) 
unless the applicant for the grant agrees to collect such data as 
the Secretary determines to be necessary for assessing the 
efficacy of services provided under paragraph (1) to homeless 
children. 
104 STAT. 4726 
PUBLIC LAW 101-645—NOV. 29, 1990 
Rural areas. 
Appropriation 
authorization. 
"(6) The Secretary may not make a grant under paragraph (1) 
unless an application for the grant is submitted to the Secretary 
and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as 
the Secretary determines to be necessary to carry out this 
subsection. 
"(7) In making grants under paragraph (1), the Secretary 
shall take into account the needs of homeless children in rural 
areas. 
"(8) For the purpose of carrying out this subsection, there is 
authorized to be appropriated $5,000,000 for each of the fiscal 
years 1991 through 1993.". 
Subtitle B—Formula Grants to States for As-
sistance Regarding Transition From Home-
lessness 
42 use 
290CC-21. 
42 use 
290CC-22. 
SEC. 511. ESTABLISHMENT OF PROGRAM. 
Part C of title V of the Public Health Service Act (42 U.S.C. 290cc-
21 et seq.) is amended to read as follows: 
"Part C—Projects for Assistance in Transition From Homelessness 
"SEC. 521. FORMULA GRANTS TO STATES. 
"For the purpose of carrying out section 522, the Secretary, acting 
through the Director of the National Institute of Mental Health, 
shall for each of the fiscal years 1991 through 1994 make an 
allotment for each State in an amount determined in accordance 
with section 524. The Secretary shall make pajonents, as grants, 
each such fiscal year to each State from the allotment for the State 
if the Secretary approves for the fiscal year involved an application 
submitted by the State pursuant to section 529. 
"SEC. 522. PURPOSE OF GRANTS. 
"(a) IN GENERAL.—The Secretary may not make pa3anents under 
section 521 unless the State involved agrees that the pajmients will 
be expended solely for making grants to political subdivisions of the 
State, and to nonprofit private entities (including community-based 
veterans organizations and other community organizations), for the 
purpose of providing the services specified in subsection (b) to 
individuals who— 
"(1)(A) are suffering from serious mental illness; or 
"(B) are suffering from serious mental illness and from sub-
stance abuse; and 
"(2) are homeless or at imminent risk of becoming homeless. 
"(b) SPECIFICATION OF SERVICES.—The services referred to in 
subsection (a) are— 
"(1) outreach services; 
"(2) screening and diagnostic treatment services; 
"(3) habilitation and rehabilitation services; 
"(4) community mental health services; 
"(5) alcohol or drug treatment services; 
"(6) staff training, including the training of individuals who 
work in shelters, mental health clinics, substance abuse pro-
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4727 
grams, and other sites where homeless individuals require 
services; 
"(7) case management services, including— 
"(A) preparing a plan for the provision of community 
mental health services to the eligible homeless individual 
involved, and reviewing such plan not less than once every 
3 months; 
"(B) providing assistance in obtaining and coordinating 
social and maintenance services for the eligible homeless 
individuals, including services relating to daily living activi-
ties, personal financial planning, transportation services, 
and habilitation and rehabilitation services, prevocational 
and vocational services, and housing services; 
"(C) providing assistance to the eligible homeless individ-
ual in obtaining income support services, including housing 
assistance, food stamps, and supplemental security income 
benefits; 
"(D) referring the eligible homeless individual for such 
other services as may be appropriate; and 
"(E) providing representative payee services in accord-
ance with section 1631(a)(2) of the Social Security Act if the 
eligible homeless individual is receiving aid under title XVI 
of such act and if the applicant is designated by the Sec-
retary to provide such services; 
"(8) supportive and supervisory services in 
residential 
settings; 
"(9) referrals for primary health services, job training, edu-
cational services, and relevant housing services; 
"(10) subject to subsection (h)(1)— 
"(A) minor renovation, expansion, and repair of housing; 
"(B) planning of housing; 
"(C) technical 
assistance 
in 
appljdng 
for 
housing 
assistance; 
"(D) improving the coordination of housing services; 
"(E) security deposits; 
"(F) the costs associated with matching eligible homeless 
individuals with appropriate housing situations; and 
"(G) 1-time rental payments to prevent eviction; and 
"(11) other appropriate services, as determined by the Sec-
retary. 
"(c) COORDINATION.—The Secretary may not make pajrments 
under section 521 unless the State involved agrees to make grants 
pursuant to subsection (a) only to entities that have the capacity to 
provide, directly or through arrangements, the services specified in 
section 522(b), including coordinating the provision of services in 
order to meet the needs of eligible homeless individuals who are 
both mentally ill and suffering from substance abuse. 
"(d) SPECIAL CONSIDERATION REGARDING VETERANS.—The Sec-
retary may not make payments under section 521 unless the State 
involved agrees that, in making grants to entities pursuant to 
subsection (a), the State will give special consideration to entities 
with a demonstrated effectiveness in serving homeless veterans. 
"(e) SPECIAL RULES.—The Secretary may not make payments 
under section 521 unless the State involved agrees that grants 
pursuant to subsection (a) will not be made to any entity that— 
"(1) has a policy of excluding individuals from mental health 
services due to the existence or suspicion of substance abuse; or 
104 STAT. 4728 
PUBLIC LAW 101-645—NOV. 29, 1990 
42 use 
290CC-23. 
42 use 
290CC-24. 
"(2) has a policy of excluding individuals from substance 
abuse services due to the existence or suspicion of mental 
illness. 
"(f) ADMINISTRATIVE EXPENSES.—The Secretary may not make 
pajonents under section 521 unless the State involved agrees that 
not more than 4 percent of the pajonents will be expended for 
administrative expenses regarding the payments. 
"(g) MAINTENANCE OF EFFORT.—The Secretary may not make 
pajonents under section 521 unless the State involved agrees that 
the State will maintain State expenditures for services specified in 
subsection (b) at a level that is not less than the average level of 
such expenditures maintained by the State for the 2-year period 
preceding the fiscal year for which the State is applying to receive 
such payments. 
"(h) RESTRICTIONS ON USE OF FUNDS.—The Secretary may not 
make pajonents under section 521 unless the State involved agrees 
that— 
"(1) not more than 20 percent of the pa3nnents will be ex-
pended for housing services under subsection (bXlO); and 
"(2) the pajonents will not be expended— 
"(A) to support emergency shelters or construction of 
housing facilities; 
"(B) for inpatient psychiatric treatment costs or inpatient 
substance abuse treatment costs; or 
"(C) to make cash payments to intended recipients of 
mental health or substance abuse services. 
"SEC. 523. REQUIREMENT OF MATCHING FUNDS. 
"(a) IN GENERAL.—The Secretary may not make payments under 
section 521 unless, with respect to the costs of providing services 
pursuant to section 522, the State involved agrees to make available, 
directly or through donations from public or private entities, non-
Federal contributions toward such costs in an amount that is not 
less than $1 for each $3 of Federal funds provided in such payments. 
"(b) DETERMINATION OF AMOUNT.—Non-Federal contributions re-
quired in subsection (a) may be in cash or in kind, fairly evaluated, 
including plant, equipment, or services. Amounts provided by the 
Federal Government, or services assisted or subsidized to any signifi-
cant extent by the Federal Government, shall not be included in 
determining the amount of such non-Federal contributions. 
"(c) LIMITATION REGARDING GRANTS BY STATES.—The Secretary 
may not make payments under section 521 unless the State involved 
agrees that the State will not require the entities to which grants 
are provided pursuant to section 522(a) to provide non-Federal 
contributions in excess of the non-Federal contributions described in 
subsection (a). 
"SEC. 524. DETERMINATION OF AMOUNT OF ALLOTMENT. 
"(a) MINIMUM ALLOTMENT.—The allotment for a State under sec-
tion 521 for a fiscal year shall be the greater of— 
"(1) $300,000 for each of the several States, the District of 
Columbia, and the Commonwealth of Puerto Rico, and $50,000 
for each of Guam, the Virgin Islands, American Samoa, and the 
Commonwealth of the Northern Mariana Islands; and 
"(2) an amount determined in accordance with subsection (b). 
"(b) DETERMINATION UNDER FORMULA.—The amount referred to in 
subsection (aX2) is the product of— 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4729 
"(1) an amount equal to the amount appropriated under 
section 535(a) for the ^ c a l year; and 
"(2) a percentage equal to the quotient of— 
"(A) an amount equal to the population living in urban-
ized areas of the State involved, as indicated by the most 
recent data collected by the Bureau of the Census; and 
"(B) an amount equal to the population living in urban-
ized areas of the United States, as indicated by the sum of 
the respective amounts determined for the States under 
subparagraph (A). 
•SEC. 525. CONVERSION TO CATEGORICAL PROGRAM IN EVENT OF FAIL- 42 USC 
URE OF STATE REGARDING EXPENDITURE OF GRANTS. 
290cc-25. 
"(a) IN GENERAL.—Subject to subsection (c), the Secretary shall, 
from the amounts specified in subsection (b), make grants to public 
and nonprofit private entities for the purpose of providing to eligible 
homeless individuals the services specified in section 522(b). 
"(b) SPECIFICATION OF FUNDS.—The amounts referred to in subsec-
tion (a) are any amounts made available in appropriations Acts for 
allotments under section 521 that are not paid to a State as a result 
of— 
"(A) the failure of the State to submit an application 
under section 529; 
"(B) the failure of the State, in the determination of the 
Secretary, to prepare the application in accordance with 
such section or to submit the application within a reason-
able period of time; or 
"(C) the State informing the Secretary that the State does 
not intend to expend the full amount of the allotment made 
to the State. 
"(c) REQUIREMENT OF PROVISION OF SERVICES IN STATE INVOLVED.— 
With respect to grants under subsection (a), amounts made available 
under subsection (b) as a result of the State involved shall be 
available only for grants to provide services in such State. 
"SEC. 526. PROVISION OF CERTAIN INFORMATION FROM STATE. 
"The Secretary may not make pa5nments under section 521 to a 
State unless, as part of the application required in section 529, the 
State submits to the Secretary a statement— 
"(1) identifying existing programs providing services and 
housing to eligible homeless individuals and identify gaps in the 
delivery systems of such programs; 
"(2) containing a plan for providing services and housing to 
eligible homeless individuals, which plan— 
"(A) describes the coordinated and comprehensive means 
of providing services and housing to homeless individuals; 
and 
"(B) includes documentation that suitable housing for 
eligible homeless individuals will accompany the provision 
of services to such individuals; 
"(3) describes the source of the non-Federal contributions 
described in section 523; 
"(4) contains assurances that the non-Federal contributions 
described in section 523 will be available at the beginning of the 
grant period; 
"(5) describe any voucher system that may be used to carry 
out this part; and 
Nonprofit 
organizations. 
42 USC 
290CC-26. 
104 STAT. 4730 
PUBLIC LAW 101-645—NOV. 29, 1990 
42 use 
290CC-27. 
42 use 
290CC-28. 
"(6) contain such other information or assurances as the 
Secretary may reasonably require. 
"SEC. 527. DESCRIPTION OF INTENDED EXPENDITURES OF GRANT. 
"(a) IN GENERAL.—The Secretary may not make pa5anents under 
section 521 unless— 
"(1) as part of the application required in section 529, the 
State involved submits to the Secretary a description of the 
intended use for the fiscal year of the amounts for which the 
State is applying pursuant to such section; 
"(2) such description identifies the geographic areas within 
the State in which the greatest numbers of homeless individuals 
with a need for mental health, substance abuse, and housing 
services are located; 
"(3) such description provides information relating to the 
programs and activities to be supported and services to be 
provided, including information relating to coordinating such 
programs and activities with any similar programs and activi-
ties of public and private entities; and 
"(4) the State agrees that such description will be revised 
throughout the year as may be necessary to reflect substantial 
changes in the programs and activities assisted by the State 
pursuant to section 522. 
"(b) OPPORTUNITY FOR PUBUC COMMENT.—The Secretary may 
not 
make payments under section 521 unless the State involved agrees 
that, in developing and carrying out the description required in 
subsection (a), the State will provide public notice with respect to 
the description (including any revisions) and such opportunities as 
may be necessary to provide interested persons, such as family 
members, consumers, and mental health, substance abuse, and hous-
ing agencies, an opportunity to present comments and recommenda-
tions with respect to the description. 
"(c) 
RELATIONSHIP TO STATE COMPREHENSIVE MENTAL HEALTH 
SERVICES PLAN.— 
"(1) IN GENERAL.—The Secretary may not make pajnnents 
under section 521 unless the services to be provided pursuant to 
the description required in subsection (a) are consistent with the 
State comprehensive mental health services plan required in 
subpart 2 of part B of title XIX. 
"(2) SPECIAL RULE.—The Secretary may not make pajnnents 
under section 521 unless the services to be provided pursuant to 
the description required in subsection (a) have been considered 
in the preparation of, have been included in, and are consistent 
with, the State comprehensive mental health services plan 
referred to in pars^aph (1). 
"SEC. 528. REQUIREMENT OF REPORTS BY STATES. 
"(a) IN GENERAL.—The Secretary may not make pajrments under 
section 521 unless the State involved agrees that, by not later than 
January 31 of each fiscal year, the State will prepare and submit to 
the Secretary a report in such form and containing such information 
as the Secretary determines (after consultation with the Comptrol-
ler General of the United States, the National Institute of Mental 
Health, the National Institute on Alcohol Abuse and Alcoholism, 
and the National Institute on Drug Abuse) to be necessary for— 
"(1) securing a record and a description of the purposes for 
which amounts received under section 521 were expended 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4731 
during the preceding fiscal year and of the recipients of such 
amounts; and 
"(2) determining whether such amounts were expended in 
accordance with the provisions of this part. 
"(b) AVAILABILITY TO PUBUC OF REPORTS.—The Secretary may not 
make payments under section 521 unless the State involved agrees 
to make copies of the reports described in subsection (a) available for 
public inspection. 
"(c) E
>
V
A
L
U
A
T
i
O
N
S B
Y C
k
>
M
P
T
R
O
L
L
E
R GENERAL.—The Ck)mptroller 
Greneral of the United States in cooperation with the National 
Institute of Mental Health, shall evaluate at least once every 3 years 
the expenditures of grants under this part by eligible entities in 
order to ensure that expenditures are consistent with the provisions 
of this part, and shall include in such evaluation recommendations 
regarding changes needed in program d e s ^ or operations. 
"SEC. 529. REQUIREMENT OF APPLICATION. 
"The Secretary may not make payments under section 521 unless 
the State involved— 
"(1) submits to the Secretary an application for the pa3anents 
containing sigreements and information in accordance with this 
part; 
"(2) the agreements are made through certification from the 
chief executive officer of the State; and 
"(3) the application otherwise is in such form, is made in such 
manner, and contains such agreements, assurances, and 
information as the Secretary determines to be necessary to 
carry out this part. 
"SEC. 530. TECHNICAL ASSISTANCE. 
"The Secretary, through the National Institute of Mental Health, 
the National Institute of Alcohol Abuse and Alcoholism, £md the 
National Institute on Drug Abuse, shall provide technical assistance 
to eligible entities in developing planning and operating programs 
in accordance with the provisions of this part. 
"SEC. 531. FAILURE T
O C
O
M
P
L
Y W
I
T
H AGREEMENTS. 
"(a) REPAYMENT OF PAYMENTS.— 
"(1) The Secretary may, subject to subsection (c), require a 
Stete to repay any payments received by the Stete under section 
521 that the Secretary determines were not expended by the 
Stete in accordance with the agreements required to be con-
tained in the application submitted by the Stete pursuant to 
section 529. 
"(2) If a Stete fails to make a repayment required in para-
graph (1), the Secretary may offset the amount of the repay-
ment against the amount of any pajrment due to be paid to the 
Stete under section 521. 
"(b) WITHHOLDING OF PAYMENTS.— 
"(1) The Secretery may, subject to subsection (c), withhold 
payments due under section 521 if the Secretary determines 
that the Stete involved is not expending amounts received 
under such section in accordance with the agreements required 
to be contained in the application submitted by the Stete pursu-
ant to section 529. 
"(2) The Secretary shall cease withholding payments from a 
Stete under paragraph (1) if the Secretery determines that 
42 use 
290CC-29. 
42 use 
290CC-30. 
42 use 
290CC-31. 
104 STAT. 4732 
PUBLIC LAW 101-645—NOV. 29, 1990 
42 use 
290CC-32. 
42 use 
290CC-33. 
there are reasonable assurances that the State will expend 
amounts received under section 521 in accordance with the 
agreements referred to in such paragraph. 
"(3) The Secretary may not withhold funds under paragraph 
(1) from a State for a minor failure to comply with the agree-
ments referred to in such paragraph. 
"(c) OPPORTUNITY FOR HEARING.—Before requiring repayment of 
pa3rments under subsection (aXD, or withholding payments under 
subsection (bXD, the Secretary shall provide to the State an oppor-
tunity for a hearing. 
"(d) RULE OF CONSTRUCTION.—Notwithstanding any other provi-
sion of this part, a State receiving payments under section 521 may 
not, with respect to any agreements required to be contained in the 
application submitted under section 529, be considered to be in 
violation of any such agreements by reason of the fact that the 
State, in the regular course of providing services under section 
522(b) to eligible homeless individuals, incidentally provides services 
to homeless individuals who are not eligible homeless individuals. 
"SEC. 532. PROHIBITION AGAINST CERTAIN FALSE STATEMENTS. 
"(a) IN GENERAL.— 
"(1) A person may not knowingly make or cause to be made 
any false statement or representation of a material fact in 
connection with the furnishing of items or services for which 
amounts may be paid by a State from pa3mients received by the 
State under section 521. 
"(2) A person with knowledge of the occurrence of any event 
affecting the right of the person to receive any amounts from 
payments made to the State under section 521 may not conceal 
or fail to disclose any such event with the intent of securing 
such an amount that the person is not authorized to receive or 
securing such an amount in an amount greater than the 
amount the person is authorized to receive. 
"(b) CRIMINAL PENALTY FOR VIOLATION OF PROHIBITION.—Any 
person who violates a prohibition established in subsection (a) may 
for each violation be fined in accordance with title 18, United States 
Code, or imprisoned for not more than 5 years, or both. 
"SEC. 533. NONDISCRIMINATION. 
"(a) IN GENERAL.— 
"(1) RULE OF CONSTRUCTION REGARDING CERTAIN CIVIL RIGHTS 
LAWS.—For the purpose of appljdng the prohibitions against 
discrimination on the basis of age under the Age Discrimination 
Act of 1975, on the basis of handicap under section 504 of the 
Rehabilitation Act of 1973, on the basis of sex under title IX of 
the Education Amendments of 1972, or on the basis of race, 
color, or national origin under title VI of the Civil Rights Act of 
1964, programs and activities funded in whole or in part with 
funds made available under section 521 shall be considered to be 
programs and activities receiving Federal financial assistance. 
"(2) PROHIBITION.—No person shall on the ground of sex or 
religion be excluded from participation in, be denied the bene-
fits of, or be subjected to discrimination under, any program or 
activity funded in whole or in part with funds made available 
under section 521. 
"(b) ENFORCEMENT.— 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4733 
"(1) REFERRALS TO ATTORNEY GENERAL AFTER NOTICE.—When-
ever the Secretary finds that a State, or an entity that has 
received a payment pursuant to section 521, has failed to 
comply with a provision of law referred to in subsection (aXD, 
with subsection (aX2), or with an applicable regulation (includ-
ing one prescribed to carry out sufa^tion (aX2)), the Secretary 
shall notify the chief executive officer of the State and shall 
request the chief executive officer to secure compliance. If 
within a reasonable period of time, not to exceed 60 dajrs, the 
chief executive officer fails or refuses to secure compliance, the 
Secretary may— 
"(A) refer the matter to the Attorney Greneral with a 
recommendation that an appropriate civil action be in-
stituted; 
"(B) exercise the powers and functions provided by the 
Age Discrimination Act of 1975, section 504 of the Re-
habilitation Act of 1973, title IX of the Bklucation Amend-
ments of 1972, or title VI of the Civil Rights Act of 1964, as 
may be applicable; or 
"(C) take such other actions as may be authorized by law. 
"(2) AUTHORITY OF ATTORNEY GENERAL.—When a matter is 
referred to the Attorney Greneral pursuant to paragraph (IXA), 
or whenever the Attorney General has reason to believe that a 
State or an entity is engaged in a pattern or practice in viola-
tion of a provision of law referred to in subsection (aXD or in 
violation of subsection (aX2), the Attorney General may bring a 
civil action in any appropriate district court of the United 
States for such relief as may be appropriate, including injunc-
tive relief. 
"SEC. 534. DEFINITIONS. 
"For purposes of this part: 
"(1) ELIGIBLE HOMELESS INDIVIDUAL.—The term 'eligible home-
less individual' means an individual described in section 522(a). 
"(2) HOMELESS INDIVIDUAL.—The term 'homeless individual' 
has the meaning given such term in section 340(r). 
"(3) STATE.—The term 'State' means each of the several 
States, the District of C!olumbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
"(4) SUBSTANCE ABUSE.—The term 'substance abuse' means 
the abuse of alcohol or other drugs. 
"SEC. 535. FUNDING. 
"(a) 
AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose 
of 
carrying out this part, there is authorized to be appropriated 
$75,000,000 for each of the fiscal years 1991 through 1994. 
"(b) EFFECT OF INSUFFICIENT APPROPRIATIONS FOR MINIMUM ALLOT-
MENTS.— 
"(1) IN GENERAL.—If the amounts made available under 
subsection (a) for a fiscal year are insufficient for providing each 
State with an allotment under section 521 of not less than the 
applicable amount under section 524(a)(1), the Secretary shall, 
from such amounts as are made available under such subsec-
tion, make grants to the States for providing to eligible home-
less individuals the services specified in section 5220t)). 
42 use 
290CC-34. 
42 use 
290CC-35. 
104 STAT. 4734 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(2) RULE OF CONSTRUCTION.—Paragraph (1) may not be con-
strued to require the Secretary to make a grant under such 
paragraph to each State.". 
Subtitle C—Authorization of Appropriations 
for Community Demonstration Projects 
Stewart B. 
McKinney 
Homeless 
Assistance 
Amendments 
Act of 1990. 
42 use 11301 
note. 
SEC. 521. MENTAL HEALTH SERVICES FOR HOMELESS INDIVIDUALS 
WITH CHRONIC MENTAL ILLNESS. 
(a) IN GENERAL.—The first sentence of section 612(a) of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. 290aa-3 note) 
is amended by striking "$11,000,000" and all that follows through 
"1991," and inserting the following: "such sums as may be necessary 
for each of the fiscal years 1991 through 1993,". 
(b) TECHNICAL CORRECTION.—Section 612(b) of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 290aa-3 note) is 
amended by striking "section 504(f)" and inserting "section 520 of 
the Public Health Service Act". 
SEC. 522. ALCOHOL AND DRUG ABUSE TREATMENT OF HOMELESS 
INDIVIDUALS. 
Section 5130)) of the Public Health Service Act (42 U.S.C. 290bb-
2(b)) is amended by striking "$14,000,000" and all that follows and 
inserting the following: "such sums as may be necessary for each of 
the fiscal years 1991 through 1993.". 
TITLE VI—EDUCATION, TRAINING, COM-
MUNITY SERVICE, AND FAMILY SUP-
PORT 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Stewart B. McKinney Homeless 
Assistance Amendments Act of 1990". 
SEC. 602. DEFINITION OF HOMELESS. 
Section 103(b) of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11302(b)) is amended to read as follows: 
"(b) INCOME EUGIBILTTY.— 
"(1) IN GENERAL.—A homeless individual shall be eligible for 
assistance under any program provided by this Act, only if the 
individual complies with the income eligibility requirements 
otherwise applicable to such program. 
"(2) EXCEPTION.—Notwithstanding paragraph (1), a homeless 
individual shall be eligible for assistance under the Job Train-
ing Partnership Act.". 
Subtitle A—Provisions Relating to Literacy 
and Education 
SEC. 611. STATEWIDE LITERACY INITIATIVE. 
(a) REAUTHORIZATION.—Section 702(cXl) of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11421(cXl)) is amended by 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4735 
inserting after "and 1990" the following: ", $13,700,000 for fiscal 
year 1991, and such sums as may be necessary in each of the fiscal 
years 1992 and 1993,". 
0)) APPLICATION.—Section 7020?) of such Act is amended by strik-
ing out "and the number" and all that follows through "to be 
served". 
SEC. 612. EDUCATION FOR HOMELESS CHILDREN AND YOUTH. 
42 USC 11421. 
(a) STATEMENT OF POUCY.—Section 721 of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11431) is amended— 
(1) in paragraph (1), by striking "and" at the end; 
(2) in paragraph (2)— 
(A) by inserting after "attendance laws" the following: 
"or other laws, regulations, practices, or policies that may 
act as a barrier to the enrollment, attendance, or success in 
school of homeless children and homeless youth"; 
(B) by inserting ", regulations, practices, or policies" after 
"such laws"; and 
(C) by striking the period at the end and inserting "; 
and"; and 
(3) by adding at the end the following: 
"(3) homelessness alone should not be sufficient reason to 
separate students from the mainstream school environment.". 
(Jo) GRANTS FOR STATE AND LOCAL ACTIVITIES.—Section 722 of such 
Act (42 U.S.C. 11432) is amended— 
(1) in the section heading by inserting "AND LOCAL" after 
"STATE"; 
(2) in subsection (b)— 
(A) by striking out "section 1005" and inserting in lieu 
thereof "part A of chapter 1 of title I"; and 
(B) by striking out $50,000 and all that follows through 
the end thereof and inserting the following "$50,000. The Territories. 
Secretary shall reserve 0.1 percent of the amount appro-
priated for each fiscal year to be allocated by the Secretary 
Eimong the Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and 
Palau (until the Compact of Free Association with Palau 
takes effect pursuant to section 101(a) of Public Law 90-
658), according to their respective need, as determined by 
y 
the Secretary, except that no such territory shall receive 
less in fiscal year 1991 than it received in fiscal year 1990. 
The Secretary may also reserve not to exceed 1 percent of 
the amount appropriated for each fiscal year for programs 
for Indian students served by schools funded by the Sec-
retary of the Interior, as determined under the Indian Self-
Determination and Education Assistance Act consistent 
with the purposes of this Act. As used in this subsection, 
the term 'State' shall not include the Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern 
Mariana Islands, or Palau."; 
(3) in subsection (c)— 
(A) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; 
(B) by inserting after paragraph (1) the following new 
paragraph: 
104 STAT. 4736 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(2) to provide activities for and services to homeless children 
and homeless youths that enable such children and youths to 
enroll in, attend, and achieve success in school;"; 
(C) by striking out "and" at the end of paragraph (3) (as so 
redesignated); 
(D) by striking out the period at the end of paragraph (4) 
(as so redesignated) and inserting in lieu thereof a semi-
colon; and 
(E) by adding at the end thereof the following new para-
graphs: 
"(5) to develop and implement programs for school personnel 
to heighten awareness of specific problems of the education of 
homeless children and youth; and 
"(6) if amounts appropriated for the applicable fiscal year 
exceed the amount appropriated for fiscal year 1990 under this 
section, to provide grants to local educational agencies for 
purposes of this section, and if such amounts appropriated do 
not exceed the amount appropriated for fiscal year 1991, the 
State education agency, at the discretion of such agency, may 
provide such grants."; 
(4) in subsection (dXl)— 
(A) by striking "annually" and inserting "once every 2 
years,"; 
(B) by inserting after "shall include" the following: "the 
number of homeless children and homeless youths enrolled 
in schools in the State, determined through random sam-
pling or other statistical methods that ensure that such 
children and youths are not overtly identified as being 
homeless,"; 
(C) by striking "and the difficulties" and inserting "the 
difficulties"; and 
(D) by inserting before the semicolon the following: ", and 
any progress made by the State educational agency and 
local educational agencies within the State in addressing 
such problems and difficulties"; 
(5) in subsection (d)(2) by striking "and" at the end thereof; 
(6) in subsection ((1X3)— 
(A) by striking "of each year" and inserting ", 1991, £ind 
on December 31 of every second year thereafter"; and 
(B) by striking the period at the end thereof and inserting 
a semicolon; and 
(7) in subsection (d), by adding at the end thereof the following 
new paragraphs: 
"(4) facilitate coordination between the State education 
agency, the State social services agency, and other agencies 
providing services to homeless children and youth and their 
families; and 
"(5) develop relationships and coordinate with other relevant 
education, child development, or preschool programs and 
providers of services to homeless children, homeless families, 
and runaway and homeless youths (including domestic violence 
agencies, shelter operators, transitional housing facilities, run-
away and homeless youth centers, and transitional living pro-
grams for homeless youths) in order to improve the provision of 
comprehensive services to homeless children and homeless 
youths and the families of such children and youths."; 
(8) in subsection (eXl)— 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4737 
(A) by striking "and" at the end of subparagraph (A); 
(BXi) by inserting "prompt" before "resolution" in 
subparagraph (B); and 
(ii) by striking the period at the end of subparagraph (B) 
and inserting a semicolon; and 
(C) by adding at the end the following new subpara-
graphs: 
"(C) develop programs for school personnel (including prin-
cipals, attendance officers, teachers, and enrollment personnel), 
to heighten the awareness of such personnel of the specific 
educational needs of runaway and homeless youths; and 
"(D) ensure that homeless children and homeless youths who 
meet the relevsmt eligibility criteria are able to participate in 
Federal, State, or local food programs."; 
"(E) ensure that homeless children and homeless youths who 
meet the relevant eligibility criteria are able to participate in 
Federal, State, or local before- and after-school care programs 
and provide for the disclosure of data concerning the participa-
tion of such children in such programs in plans submitted by 
the State after the initial plan of the State; 
"(F) address problems set forth in the report provided to the 
Secretary under subsection (dX3); 
"(G) address problems with respect to the education of home-
less children and homeless youths, including problems caused 
b y -
"(i) transportation issues; and 
"(ii) enrollment delays which are caused by— 
"(I) immunization requirements; 
"(II) residency requirements; 
"(III) lack of birth certificates, school records, or 
other documentation; or 
"(IV) guardianship issues; 
"(H) demonstrate that the State and local educational agen-
cies in the State have developed and will review and revise 
policies to remove barriers to the enrollment and retention of 
homeless children and homeless youths in schools of the State; 
and 
"(I) ensure that the State educational agency and local edu-
cational agencies within the State will adopt policies and prac-
tices to ensure that homeless children and homeless youths are 
not isolated or stigmatized."; 
(9) in subsection (e)— 
(A) by striking out "(6)" in paragraph (2) and inserting in 
lieu thereof "(9)"; 
(B) by amending paragraph (3) to read as follows: 
"(3XA) ITie local educational agency of each homeless child and 
each homeless youth shall either— 
"(i) continue the child's or youth's education in the school of 
origin— 
"(I) for the remainder of the academic year; or 
"(II) in any case in which a family becomes homeless 
between academic years, for the following academic year; or 
"(ii) enroll the child or youth in any school that nonhomeless 
students who live in the attendance area in which the child or 
youth is actually living are eligible to attend; 
whichever is in the child's best interest or the youth's best interest. 
104 STAT. 4738 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(B) In determining the best interests of the child or youth for 
purposes of making a school assignment under subparagraph (A), 
consideration shall be given to a request made by a parent regarding 
school selection. 
"(C) For purposes of this paragraph, the term 'school of origin' 
shall mean the school that the child or youth attended when perma-
nently housed, or the school in which the child or youth was last 
enrolled."; 
(C) by inserting after "including" in paragraph (5) the 
following: "transportation services,"; 
(D) by striking "The schools records" in paragraph (6) and 
inserting the following: "Any record ordinarily kept by the 
school, including immunization records, academic records, 
birth certificates, guardianship records, and evaluations for 
special services or programs,"; and 
(E) by adding at the end thereof the following new 
paragraphs: 
"(7) Each local educational agency serving homeless children or 
youth that receives assistance under this title shall coordinate with 
local social services agencies, and other agencies or programs provid-
ing services to such children or youth and their families. 
"(8) Each local educational agency that receives assistance under 
this title shall designate a homelessness liaison to ensure that— 
"(A) homeless children and youth enroll and succeed in the 
schools of that agency; and 
"(B) homeless families, children and youth receive edu-
cational services for which they are eligible, and referrals to 
health care services, dental services, mental health services, 
and other appropriate services. 
State coordinators and local educational agency liaisons shall 
inform school personnel, service providers and advocates working 
with homeless families of the duties of the liaisons. 
"(9) Each State and local educational agency shall review and 
revise any policies that may act as barriers to the enrollment of 
homeless cluldren and youth in schools selected in accordance with 
paragraph (3). In reviewing and revising such policies, consideration 
shall be given to issues concerning transportation, requirements of 
immunization, residency, birth certificates, school records, or other 
documentation, and guardianship. Special attention shall be given 
to ensuring the enrollment and attendance of homeless children and 
youths who are not currently attending school."; and 
(10) in subsection (g)— 
(A) by striking out "$5,000,000" in paragraph (1) and all 
that follows through the end thereof and inserting in lieu 
thereof "$50,000,000 for fiscal year 1991, and such sums as 
may be necessary for each of the fiscal years 1992 and 
1993."; 
(B) by redesignating paragraph (2) as paragraph (4); and 
(C) by inserting after paragraph (1) the following new 
paragraphs: 
"(2) The State educational agency may reserve not to exceed 5 
percent of the amount received by such agency under this section in 
each fiscal year, or an amount equal to the amount received by such 
State agency for State activities under this section in fiscal year 
1990, whichever is greater, to conduct activities under paragraphs 
(1) through (5) of subsection (c). 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4739 
"(3XA) In any fiscal year in which the amount appropriated under 
paragraph (1) does not equal or exceed $100,000,000, the State 
educational agency shall use funds not otherwise reserved under 
paragraph (2) to award grants to local educational agencies in 
accordance with subsection (cX6). 
"(B) In any fiscal year in which the amount appropriated under 
paragraph (1) equals or exceeds $100,000,000, the State educational 
agency shall use funds not otherwise reserved under paragraph (2) 
to allocate to each local educational agency an amount that bears 
the same ratio to amount not otherwise reserved as the aggregate 
amount received by such local educational agency under part A of 
chapter 1 of title I of the Elementary and Secondary Education Act 
of 1965 for such fiscal year bears to the aggregate amount received 
by all local educational agencies in the State for purposes of carry-
ing out such part for such fiscal year.". 
(c) GRANTS FOR THE EDUCATIONAL SUCCESS OF HOMELESS CHILDREN 
AND YOUTH.—Section 723 of such Act (42 U.S.C. 11433) is amended 
to read as follows: 
"SEC. 
7
2
3
. 
LOCAL 
EDUCATIONAL 
AGENCY 
GRANTS 
FOR 
THE 
EDUCATION 
OF 
HOMELESS 
CHILDREN 
AND 
YOUTH. 
"(a) GENERAL AUTHORITY.— 
"(1) GRANTEES AND PURPOSE OF GRANTS.—The State edu-
cational agency shall, in accordance with section 722(cX6) and 
from amounts made available to such agency under section 722, 
make grants to local educational agencies for the purpose of 
facilitating the enrollment, attendance and success of homeless 
children and youths in schools. 
"(2) USE OF GRANTS.—Unless otherwise specified, services 
under paragraph (1) may be provided through programs on 
school grounds or at other nonsectarian facilities. Where serv-
ices are provided through programs on school grounds, such 
services may also be made available to children or youths who 
are determined by the local educational agency to be at risk of 
failing in or dropping out of schools, except that priority for 
such services shall be given to homeless children and homeless 
youths. To the msiximum extent practicable, services shall be 
provided through existing programs and mechanisms that 
integrate homeless individuals with nonhomeless individuals. 
"(3) REGULAR ACADEMIC PROGRAM.—Services provided under 
this section are not intended to replace the regular academic 
program. 
"(b) AUTHORIZED ACTIVITIES.— 
"(1) PRIMARY ACTIVITIES.—Not less than 50 percent of 
amounts provided under a grant under this section shall be used 
to provide tutoring, remedial education services, or other edu-
cation services to homeless children or homeless youths. 
"(2) RELATED AcnvmES.—Not less than 35, nor more than 50, 
percent of the amounts provided under a grant under this 
section may be used for activities that may include— 
"(A) the provision of expedited evaluations of the 
strengths and needs of homeless children and homeless 
youths, including needs and eligibility for programs and 
services (including gifted and talented progrsuns, special 
education programs, programs for students with limited 
English proficiency, and remedial services); 
104 STAT. 4740 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(B) professional development for educators and other 
school personnel that is designed to develop awareness and 
sensitivity to the needs of homeless children and homeless 
youths and the rights of such children and youths under 
this Act; 
"(C) the provision of referral services to homeless chil-
dren and homeless youths for medical, dental, mental, and 
other health services; 
"(D) the provision of assistance to defray the excess cost 
of transportation for students not provided under section 
722(eX5) and not otherwise provided through Federal, State, 
or local funding, where necessary to enable students to 
attend the school selected under section 722(eX3); 
"(E) the provision of developmentally appropriate early 
childhood programs for preschool age children; 
"(F) the provision of before- and after-school and summer 
programs for homeless children or homeless youths in 
which a teacher or other qualified individual provides 
tutoring, homework assistance, and supervision of edu-
cational activities; 
"(G) where necessary, the pa3mient of fees and other costs 
associated with tracking, obtaining, and 
transferring 
records necessary to enroll homeless children or homeless 
youths in school, including birth certificates, immunization 
records, academic records, guardianship records, and 
evaluations for special programs or services; 
"(H) the provision of parent education and training to the 
parents of homeless children and homeless youths about 
the rights of and resources available to such children and 
youths; 
"(I) the development of coordination between schools and 
agencies providing services to homeless children and home-
less youths; 
"(J) the provision of counseling, social work and psycho-
logical services, including violence counseling, and referrals 
for such services; 
"(K) activities to address the particular needs of homeless 
children and homeless youths that may arise from domestic 
violence; 
"(L) activities to develop and implement programs for 
school personnel to heighten the awareness of such person-
nel of the specific educational needs of runaway and home-
less youths; 
"(M) the adaptation of space and the purchase of supplies 
for nonschool facilities made available under subsection 
(aX2) to provide services under this subsection; 
"(N) the provision of school supplies to be distributed at 
the shelter or temporary housing facilities; and 
"(O) the provision of such other extraordinary or emer-
gency assistance determined by the Secretary as essential 
to enable homeless children and youth to attend school. 
"(3) EuGiBiLTTY.—No State or local educational agency may 
receive a grant under this section unless the State in which the 
agency is located has submitted a State plan as required by 
section 722(e). 
"(c) AWARDS.— 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4741 
"(1) BASIS.—Except as provided in section 722(gX3XB), from 
amounts appropriated for each fiscal year under section 722(g), 
the State educational agency may award grants under this 
section to local educational agencies submitting £ui application 
under subsection (d) on the basis of the need of such agencies. 
"(2) DETERMINATION.—In determining need under paragraph 
(1), the State educational agency may consider the number of 
homeless children and homeless youth enrolled in preschool, 
elementary, and secondary schools within the area served by 
the agency, and shall consider the needs of such children and 
youth, and the ability of the agency to meet such needs. Such 
agency may also consider— 
"(A) the extent to which the proposed use of funds would 
facilitate the enrollment, retention, and educational success 
of homeless children and youth; 
"(B) the extent to which the application reflects coordina-
tion with other local and State agencies that serve homeless 
children and youth, as well as the State Plan required by 
• 
section 722(e); 
"(C) the extent to which the applicant exhibits in the 
application and in current practice a commitment to edu-
cation for all homeless children and youth in its jurisdic-
tion; and 
"(D) other criteria as the agency determines appropriate. 
"(d) APPUCATION.— 
"(1) IN GENERAL.—A local educational agency that desires to 
receive a grant under this section shall submit an application to 
the State educational agency at such time, in such manner, and 
containing or accompanied by such information as the State 
agency may reasonably require according to guidelines issued 
by the Secretary. Each such application shall include— 
"(A) a description of the services and progreims for which 
assistance is sought and the problems sought to be 
addressed through the provision of such services and pro-
grams; 
"(B) assurances that the applicant complies with or will 
use requested funds to come into compliance with para-
graphs (3) through (9) of section 722(e); 
"(C) an assurance that assistance under the grant will 
supplement and not supplant funds used before the award 
of the grant for purposes of providing services to homeless 
children and homeless youths; and 
"(D) a description of policies and procedures that the 
agency will implement to ensure that activities carried out 
by the agency will not isolate or stigmatize homeless chil-
dren and homeless youth. 
"(3) TERM OF AWARDS.—Grants awarded under this section 
shall be for terms of not to exceed 2 years. 
"(e) REPORTS.—Each State educational agency that receives a 
grant under this section for any fiscal year shall, as part of the plan 
of the State submitted under section 722(cX4), provide to Secretary 
data concerning— 
"(1) the number of homeless children and homeless youths 
served with assistance provided under the grant under this 
section; and 
104 STAT. 4742 
PUBLIC LAW 101-645—NOV. 29, 1990 
Government 
contracts. 
Reports. 
Government 
contracts. 
"(2) a description of the success of the program under this 
section in allowing homeless children and homeless youths to 
enroll in, attend, and succeed in school.", 
(d) NATIONAL RESPONSIBILITIES.—Section 724(b) of such Act (42 
U.S.C. 11434), is amended— 
(1) in paragraph (1) by adding at the end thereof the following 
new sentences: "In reviewing the State plans submitted by the 
State educational agencies under section 722(e), the Secretary 
shall evaluate whether State laws, policies, and practices 
described in such plans adequately address the problems of 
homeless children and homeless youth relating to access to 
education and placement as described in such plans."; 
(2) by redesignating paragraphs (2) and (3) as paragraphs (4) 
and (5), respectively; 
(3) by inserting after paragraph (1) the following new para-
graphs: 
"(2XA) The Secretary, in consultation with persons and organiza-
tions that are knowledgeable about the needs of homeless children 
and youth, shall, through the awarding of a grant, or through 
entering into a contract or cooperative agreement, conduct a study 
to determine the best means of identifying, locating, and counting 
homeless children and youth for the purposes of this subtitle. Such 
persons and organizations to be consulted shall include representa-
tives of State coordinators, local educational agencies with substan-
tial numbers of homeless children and youth, local government 
agencies with responsibility for administering homeless shelters, 
and advocacy groups representing the interests of homeless children 
and youth. The Secretary shall also consult with the Secretary of 
Health and Human Services and the Secretary of Housing and 
Urban Development, as appropriate, in carrying out this paragraph. 
"(B) The study conducted under subparagraph (A) shall consider— 
"(i) the appropriate definition of the terms 'homeless child* 
and 'homeless youth'; 
"(ii) the experience of the 1990 Census in identifjdng, locating, 
and counting homeless children and youth; 
"(iii) appropriate methodologies for identif3dng, locating, and 
counting such children and youth, including using schools, shel-
ters, and other social service agencies to collect data; and 
"(iv) the projected accuracy of the methodologies identified in 
clause (iii), and the costs associated with the use of each meth-
odology; 
to determine the number of homeless children and youth in the 
United States to create as accurate an account as possible of the 
number, location, and living circumstances of such children and 
youth, including the number of such children and youth that are 
attending school regularly, part-time, or not at all, and reasons for 
the nonattendance of such children and youth. 
"(CXi) Not later than 240 days after the date of enactment of this 
paragraph, the Secretary shall prepare and submit, to the appro-
priate committees of C!ongress, a report containing the results of the 
study conducted under subparagraph (A) and the estimated costs of 
making the estimates required under clause (ii). 
"(ii) Not later them December 1, 1992, the Secretary, in consulta-
tion with the appropriate committees of Congress, and through the 
use of appropriate statistical methodology, shall, through a grant, 
contract or cooperative agreement, determine accurate estimates of 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4743 
Appropriation 
authorizations. 
Technical 
assistance. 
the number of homeless children and youth throughout the Nation 
and the number of such children and youth attending school. 
"(D) The Secretary may reserve not more than $250,000 from 
amounts appropriated under section 722(g) in 1991 to carry out the 
study required under subparagraph (A). 
"(E) There are authorized to be appropriated such sums as may be 
necessary in 1992 to prepare the report and estimates required 
under subparagraph (C). 
"(3) The Secretary shall provide such support and technical assist-
ance to the State educational agencies as is required by such agen-
cies to carry out their responsibilities under this subtitle,"; and 
(4) by adding at the end thereof the following new paragraphs: 
"(5) TTie Secretary shall conduct evaluation and dissemination 
activities of programs designed to meet the educational needs of 
homeless elementary and secondary school students. 
"(6) The Secretary shall require applications for grants under this 
subtitle to be submitted to the Secretary not later than the expira-
tion of the 60-day period beginning on the date that funds are 
available for purposes of making such grants and shall make such 
grants not later than the expiration of the 120-day period beginning 
on such date. 
"(7) The Secretary, based on the information received from the 
States and information gathered by the Secretary under paragraph 
(1), shall determine the extent to which State educational agencies 
are ensuring that each homeless child and homeless youth has 
access to a free appropriate public education as described in section 
721(1).". 
SEC. 613. REPORTING REQUIREMENT. 
Subtitle B of title VII of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11431 et seq.) is amended— 
(1) by redesignating section 725 as section 726; and 
42 USC 11435. 
(2) by inserting after section 724 the following new section: 
"SEC. 725. REPORTS. 
42 USC 11434a. 
"Not later than 2 years after the date of enactment of this 
subsection, the Comptroller General of the United States, in con-
sultation with the Secretary, shall prepare and submit to the appro-
priate Committees of Congress a report containing the findings of a 
study conducted to determine the most effective method of distribut-
ing funds provided under this subtitle to State educational agencies 
and local educational agencies.". 
Subtitle B—Job Training for the Homeless 
SEC. 621. REAUTHORIZATION OF CERTAIN PROGRAMS WITHIN THE STEW-
ART B. MCKINNEY HOMELESS ASSISTANCE ACT. 
(a) JOB TRAINING FOR THE HOMELESS.— 
(1) APPLICATIONS.—Section 733 of the Stewart B. McKinney 
Homeless Assistance Act (42 U.S.C. 11443) is amended— 
(A) by inserting "(a) IN GENERAL.—" before "Each ap-
plicant' ; 
(B) in subsection (aX2), by inserting before the semicolon 
the following: "or other related programs providing serv-
ices necessary to address the multiple needs of homeless 
individuals"; 
39-194 O - 91 - 12 : QL 3 Part 6 
104 STAT. 4744 
PUBLIC LAW 101-645—NOV. 29, 1990 
Urban areas. 
Rural areas. 
(C) in subsection (aX3), by inserting "on the street or" 
before "inwshelter"; and 
(D) by adding at the end thereof the following new sub-
section: 
"
O
k
)
) SPECIAL CONSIDERATION.— 
"(1) IN GENERAL.—In awarding grants under this subtitle, the 
Secretary of Labor may give special consideration to applicants 
that will implement projects that will serve areas of greatest 
need, including urban and rural areas, as demonstrated by— 
"(A) the large number or concentration of homeless 
individuals in the project area relative to other similar 
areas of jurisdiction; 
"(B) the high rates of poverty in the project area as 
determined by the census; or 
"(C) the lack of available low cost or affordable housing 
within the project area, as measured by such indicators as 
high average local rents or vacancy rates. 
"(2) Housnc SERVICE APPROACH.—In awarding grants under 
this subtitle, the Secretary of Labor may give special consider-
ation to applicants that will implement programs that include 
formal reciprocal referral agreements with other programs such 
as substance abuse counseling, local shelters, and subsidized 
housing that provide a holistic service approach on an individ-
ual case management basis.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 739(a) of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11449(a)) 
is amended to read as follows: 
"(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to carry out this subtitle the following amounts: 
"(1) $14,000,000 for fiscal year 1991, of which $2,200,000 shall 
be available only to carry out section 738. 
"(2) $15,000,000 for fiscal year 1992, of which $2,200,000 shall 
be available only to carry out section 738. 
"(3) $17,000,000 for fiscal year 1993, of which $2,200,000 shall 
be available only to carry out section 738.". 
(c) TERMINATION.—Section 741 of such Act (42 U.S.C. 11450) is 
amended by striking out "October 1, 1990" and inserting in lieu 
thereof "October 1,1993". 
SEC. 622. JOB TRAINING PARTNERSHIP ACT. 
Part B of title IV of the Job Training Partnership Act (29 U.S.C. 
1691 et seq.) is amended by inserting after section 433 the following 
new section: 
29 u s e 1703a. 
Intei^ovemmental 
relations. 
JOB CORPS CENTERS FOR HOMELESS FAMIUES 
"SEC. 433A. (a) Subject to the availability of appropriations there-
for, the Secretary is authorized, in accordance with section 427, to 
provide services and facilities in accordance with this section to 
eligible homeless individuals and their families at Job Corps centers. 
Job Corps centers serving homeless individuals and their families 
shall— 
"(1) be residential; 
"(2) be operated under a project agreement with one or more 
Stete or local agencies that complies with subsection (b) of this 
section; 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4745 
Infants and 
children. 
Inter-
governmental 
relations. 
"(3) provide room and board for enroUees and their depend-
ents and child care to the extent practicable for dependent 
children of enroUees; and 
"(4) provide enroUees— 
"(A) program activities that include both activities to 
sustain the operation of the center and regular Job Corps 
activities required under section 428; and 
"(B) the benefits and services given to any other enroUee 
under this part. 
"(b) Each Job Corps center providing services and facilities to 
homeless individuals under this section shall provide such services 
and facilities under a project agreement with one or more State or 
local agencies that— 
"(1) requires such State and local agencies to provide, in the 
aggregate, not less than 50 percent of the cost of such services 
and facilities; 
"(2) contains provisions to ensure that enroUees and their 
families are effectively assisted in obtaining all necessary 
health, education, and social services provided by existing Fed-
eral, State, and local programs in such State or locality; 
"(3) require such State and local agencies to provide such 
transitional assistance, including housing, necessary to effect 
successful job placements for enroUees; and 
"(4) contains or is accompanied by such other information and 
assurances as the Secretary may require. 
"(c) To become an enroUee in the Job (Dorps at a center established 
providing services and facilities to homeless individuals under this 
section, an individual— 
"(1) shall qualify as a homeless individual under section 103 of 
the Stewart B. McKinney Homeless Assistance Act; 
"(2) may be over the maximum age permitted by section 
423(1), but shall have not attained the age of 25 at the time of 
enrollment; and 
"(3) shall meet the requirements of paragraphs (2) through (5) 
of section 423. 
"(d) The Secretary shall prescribe special screening standards 
under sections 424 and 425 to identify and select enroUees for 
purposes of this section. 
"(e) The Secretary shall, pursuant to section 454, conduct evalua-
tions of the centers providing services and facilities to homeless 
individuals under this section. The Secretary shall submit to the Reports. 
(Dongress a report on the results of such evaluations, together with 
the Secretary's recommendations concerning such centers, not later 
than 3 years after the date of enactment of this section. 
"(f) As used in the section, the term 'family' may include, at a 
minimum, dependent children, and the brothers, sisters and parents 
of those dependent chUdren.". 
104 STAT. 4746 
PUBLIC LAW 101-645—NOV. 29, 1990 
Subtitle C—Emergency Community Services 
Homeless Grant Program 
42 use 11464. 
42 use 11463 
note. 
SEC. 631. EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PRO-
GRAM. 
(a) USE OF FUNDS FOR ADMINISTRATIVE COSTS.—Section 7530t)) of 
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11463(b)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by striking "all" and inserting "not less than 95 
(ii) by striking "(IXA)" and inserting "(1)"; 
(B) by striking subparagraph (B); £uid 
(C) by redesignating clauses (i) through (iii) as subpara-
graphs (A) through (C), respectively; and 
(2) in paragraph (3) by striking "no amount" and inserting 
"not more than 5 percent of the amounts". 
(b) EuGiBLE USE OF FUNDS.—Section 753(c) of such Act (42 U.S.C. 
11463(c)) is amended 
(1) in paragraph (1)— 
(A) by inserting "(A)" after "(1)"; and 
(B) by adding at the end thereof the following new 
subparagraph: 
"(B) Renovation of buildings to be used to provide such 
services, except that not more than 50 percent of such 
amounts may be used for such purpose."; and 
(2) by adding at the end thereof the following new paragraph: 
"(5) Provision of, or referral to, violence counseling for home-
less children £ind individuals, and the provision of violence 
counseling training to individuals who work with homeless 
children and individuals.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 754 of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. 11404) is 
amended to read as follows: 
"SEC. 751. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this subtitle 
$50,000,000 for each of fiscal years 1991,1992, and 1993.". 
(d) EFFECTIVE DATE.—The amendments made by subsections (a) 
and (b) of this section shall take effect on the first day of the first 
fiscal year beginning after the date of the enactment of this Act. 
Subtitle D—Evaluation and Reports 
42 use 11465. 
SEC. 641. EVALUATION AND REPORTS. 
Subtitle D of title VII of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11461 et seq.) is amended by adding at the 
end thereof the following new sections: 
'SEC. 755. EVALUATION. 
"(a) PURPOSE.—It is the purpose of this section to develop as 
rapidly as practicable, information concerning the organization, 
impact and effectiveness of services provided to homeless individ-
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4747 
uals under programs administered by the Secretary of Health and 
Human Services under this or any other Act, and of the effective-
ness of the coordination of such programs with other Federal or 
Federally assisted programs that provide services to homeless 
individuals, or to those at risk of becoming homeless. 
"(b) REQUIREMENT FOR EVALUATION AcnvrnES.—In carrying out 
the purpose described in subsection (a), the Secretary shall conduct 
evaluations that shall include— 
"(1) the use of cost and utilization data collected under the 
Primary Health Care for the Homeless Program under section 
340 of the Public Health Service Act to conduct an evaluation, 
in consultation with organizations receiving grants under this 
title and with the national representatives of such organiza-
tions, of the impact of health, case management and referral 
services provided by a representative sample of grantees 
concerning client outcome; 
"(2) under part C of title V, an evaluation of the need for and 
availability of services for individuals who are homeless or at 
risk of becoming homeless that have a serious mental illness or 
substance abuse problem, with special attention paid to the 
service needs of the dually diagnosed; 
"(3) an evaluation to identify and document replicable, 
community-wide programs that provide integrated, comprehen-
sive services that result in service delivery models which pre-
vent homelessness or lead to the successful relocation of the 
homeless into permanent housing; and 
"(4) an identification through the evaluation conducted under 
this subsection of those areas where services are lacking. 
"SEC. 756. REPORT BY THE SECRETARY. 
42 USC 11466. 
"Not later than 12 months after the date of the enactment of this 
section, the General Accounting Office shall conduct a study— 
"(1) of the extent to which Federal laws, regulations, or 
policies are hindering Federal facilities (such as cafeterias in 
the facilities of the Department of Defense and Department of 
Veterans' Affairs) from making available to programs or enti-
ties serving the homeless prepared food that is not consumed, 
and the issues of liability relating to the provision of such food; 
and 
"(2) prepare and submit, to the appropriate Committees of 
Congress, a report containing the findings made as a result of 
the study conducted under paragraph (1).". 
Subtitle E—Homeless Prevention 
Demonstration Programs 
SEC. 
6
5
1
. 
FAMILY 
SUPPORT 
CENTERS. 
Title VII of the Stewart B. McKinney Homeless Assistance Act 
(Public Law 100-77) is amended by adding at the end thereof the 
following new subtitle: 
104 STAT. 4748 
PUBLIC LAW 101-645—NOV. 29, 1990 
"Subtitle F—Family Support Centers 
42 use 11481. 
"SEC. 771. DEFINITIONS. 
"As used in this subtitle: 
"(1) ADVISORY COUNCIL.—The term 'advisory council' means 
the advisory council established under section 772(eX2XK). 
"(2) ELIGIBLE ENTITY.—The term 'eligible entity' means State 
or local agencies, a Head Start agency, any community-based 
organization of demonstrated effectiveness as a community 
action agency under section 210 of the EJconomic Opportunity 
Act of 1984 (42 U.S.C. 2790), public housing agencies as defined 
in section 30t>X6) of the United States Housing Act of 1937, State 
Housing Finance Agencies, local education agencies, an institu-
tion of higher education, a public hospital, a community devel-
opment corporation, a private industry council as defined under 
section 102(a) of the Job Training Partnership Act, a community 
health center, and any other public or private nonprofit agency 
or organization specializing in delivering social services. 
"(3) FAMILY CASE MANAGERS.—The term 'family case man-
agers'means advisers operating under the provisions of section 
774. 
"(4) 
GOVERNMENTALLY 
SUBSIDIZED 
HOUSING.—The 
term 
'govemmentally subsidized housing' means any rental housing 
that is assisted under any Federal, State or local program 
(including a tax credit or tax exempt financing progrsmi) and 
that serves a population that predominately consists of very low 
income families or individuals. 
"(5) HOMELESS.—The term 'homeless' has the same meaning 
given such term in the subsections (a) and (c) of section 103 of 
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11302 (a) and (c)). 
"(6) INTENSIVE AND COMPREHENSIVE SUPPORTIVE SERVICES.— 
The term 'intensive and comprehensive supportive services' 
means— 
"(A) in the case of services provided to infants, children 
and youth, such services that shall be designed to enhance 
the physical, social, and educational development of such 
infants £ind children and that shall include, where appro-
priate nutritional services, screening and referral services, 
child care services, early childhood development programs, 
early intervention services for children with, or at-risk of 
developmental delays, drop-out prevention services, after-
school activities, job readiness and job training services, 
education (including basic skills and literacy services), 
emergency services including special outreach services tar-
geted to homeless and runaway youth, crisis intervention 
and counseling services, and such other services that the 
Secretary may deem necessary and appropriate; 
"(B) in the csise of services provided to parents and other 
family members, services designed to better enable parents 
and other family members to contribute to their child's 
healthy development and that shall include, where appro-
priate, substance abuse education, counseling, referral for 
treatment, crisis intervention, emplo3anent counseling and 
training as appropriate, life-skills training including per-
sonal financial counseling, education including basic skills 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4749 
and literacy services, parenting classes, training 
in 
consumer homemaking, and such other services as the 
Secretary shall deem necessary and appropriate; 
"(C) in the case of services provided by family case man-
agers, needs assessment and support in accessing and 
maintaining appropriate public assistance and social serv-
ices, referral for substance abuse counseling and treatment, 
counseling and crisis intervention, family advocacy serv-
ices, and housing assistance activities, housing counseling 
and eviction or foreclosure prevention assistance and refer-
ral to sources of emergency rental or mortgeige assistance 
payments and home energy assistance, and other services 
as appropriate. 
"(7) Low INCOME.—The term 'low income' when applied to 
families or individuals means a family or individual income 
that does not exceed 80 percent of the median income for an 
individual or family in the area, as determined by the Secretary 
of Housing and Urban Development, except that such Secretary 
may establish income ceilings that are higher or lower than 80 
percent of the median for the area on the basis of a finding by 
such Secretary that such variations are necessary because of 
prevailing levels of construction costs or unusually high or low 
individual or family incomes. 
"(8) SECRETARY.—The term 'Secretary' means the Secretary of 
Health and Human Services. 
"(9) VERY LOW INCOME.—The term 'very low income' when 
applied to families or individuals means a family or individual 
income that does not exceed 50 percent of the median income 
for an individual or family in the area, as determined by the 
Secretary, except that the Secretary may establish income ceil-
ings that are higher or lower than 50 percent of the median for 
the area on the basis of a finding by the Secretary that such 
variations are necessary because of unusually high or low 
individual or family incomes. 
"SEC. 772. GENERAL GRANTS FOR THE PROVISION OF SERVICES. 
42 USC 11482. 
"(a) AUTHORITY.—The Secretary is authorized to make not more 
than 30 grants to eligible entities in rural, urban and suburban 
areas to pay the cost of demonstration programs designed to encour-
age the provision of intensive and comprehensive supportive 
services that will enhance the physical, social, and educational 
development of low-income individuals and families, especially those 
individuals in very low-income families who were previously home-
less and who are currently residing in governmentally subsidized 
housing or who are at risk of becoming homeless. Such grsints shall 
be of sufficient size, scope, and quality to be effective, and shall be 
distributed to various entities including those in or near public 
housing developments, and in low income areas both urban and 
nonurban. 
"(b) GATEWAY PROGRAMS.—The Secretary shall make available 
not more than 5 demonstration grants in each fiscal year for 
Gateway programs in accordance with section 775. 
"(c) AGREEMENTS WITH EUGIBLE ENTITIES.—The Secretary shall 
enter into contracts, agreements, or other arrangements with eli-
gible entities to carry out the provisions of this section. 
"(d) CONSIDERATIONS BY SECRETARY.—In carrjdng out the provi-
sions of this section, the Secretary shall consider— 
104 STAT. 4750 
PUBLIC LAW 101-645—NOV. 29, 1990 
Intergovernmental 
relations. 
Nonprofit 
orgemizations. 
"(1) the capacity of the eligible entity to administer the 
comprehensive program for which assistance is sought; 
"(2) the proximity of the entities and facilities associated with 
the program to the low-income families to be served by the 
program or the ability of the entity to provide mobile or offsite 
services; 
"(3) the ability of the eligible entity to coordinate and in-
tegrate its activities with State and local public agencies (such 
as agencies responsible for education, employment and training, 
health and mental health services, substance abuse services, 
social services, child care, nutrition, income assistance, housing 
and energy assistance, and other relevant services), with public 
or private non-profit agencies and organizations that have a 
demonstrated record of effectiveness in providing assistance to 
homeless families, and with appropriate nonprofit private 
organizations involved in the delivery of eligible support serv-
ices; 
"(4) fiscal and administrative management of the eligible 
entity; 
"(5) the involvement of project participants and community 
representatives in the planning and operation of the program to 
the extent practicable; and 
"(6) the availability and proximity of comparable services 
provided by Community Action Agencies unless the Community 
Action Agency is the applicant and intends to expand existing 
services. 
"(e) REQUIREMENTS.— 
"(1) IN GENERAL.—Each eligible entity desiring to receive a 
grant under this section shall— 
"(A) have demonstrated effectiveness in providing or 
arranging for the provision of services such as those 
required under this section; 
"(B) to the maximum extent practicable, expand, coordi-
nate, integrate, or contract with existing service providers, 
and avail itself of other resource and reimbursement 
mechanisms that may be used to provide services; and 
"(C) submit an application at such time in such manner 
and contaiining or accompanied by such information, includ-
ing the information required under paragraph (2), as the 
Secretary shall reasonably require. 
"(2) APPUCATION.—Each application submitted under para-
graph (IXO shall— 
"(A) identify the population and geographic location to be 
served by the program; 
"(B) provide assurances that services are closely related 
to the identifiable needs of the target population; 
"(C) provide assurances that each program will provide 
directly or arrange for the provision of intensive and com-
prehensive supportive services; 
"(D) identify the referral providers, agencies, and 
organizations that the program will use; 
(E) describe the method of furnishing services at offsite 
locations, if appropriate; 
"(F) describe the manner in which the services offered 
will be accessed through existing program providers to the 
extent that they are located in the immediate vicinity of the 
target population, or will contract with such providers for 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4751 
community-based services within the community to be 
served, and that funds provided under this section will be 
utilized to create new services only to the extent that no 
other funds can be obtained to fulfill the purpose. 
"(G) describe how the program will relate to the State 
£ind local agencies providing assistance to homeless 
families, or providing health, nutritional, job training, edu-
cation, housing and energy assistance, and income mainte-
nance services; 
"(H) describe the collection and provision of data on 
groups of individuals and geographic areas to be served, 
including types of services to be furnished, estimated cost of 
providing comprehensive services on an average per user 
basis, t3rpes and natures of conditions and needs to be 
identified and assisted, and such other information as the 
Secretary requires; 
"(I) describe the manner in which the applicant will 
implement the requirement of section 773; 
"(J) provide for the establishment of an advisory council 
that shall provide policy and programming guidance to the 
eligible entity, consisting of not more than 15 members that 
shall include— 
"(i) participants in the programs, including parents; 
"(ii) representatives of local private industry; 
"(iii) individuals with expertise in the services the 
program intends to offer; 
"(iv) representatives of the community in which the 
program will be located; 
"(v) representatives of local government social serv-
ice providers; 
"(vi) representatives of local law enforcement agen-
cies; 
"(vii) representatives of the local public housing 
agency, where appropriate; and 
"(viii) representatives of local education providers; 
"(K) describe plans for evaluating the impact of the 
program; 
"(L) include such additional 
assurances, 
including 
submitting necessary reports, as the Secretary may reason-
ably require; 
"(M) contain an assurance that if the applicant intends to 
assess fees for services provided with assistance under this 
section, such fees shall be nominal in relation to the finan-
cial situation of the recipient of such services; and 
"(N) contain an assurance that amounts received under a 
grant awarded under this section shall be used to supple-
ment not supplant Federgd, State and local funds currently 
utilized to provide services of the type described in this 
section. 
'(f) ADMINISTRATIVE PROVISIONS.— 
"(1) ADMINISTRATIVE COSTS.—Two percent of the amounts 
appropriated under this title may be used by the Secretary to 
administer and evaluate the program established under this 
title and to provide technical assistance to entities for the 
development and submission of applications for grants under 
this section. 
104 STAT. 4752 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(2) LIMITATION.—Not more than 30 grants may be made 
under this subtitle. 
"(3) AMOUNT OF GRANTS.—No grant made under this subtitle 
may exceed $2,500,000 per year nor more than a total of 
$4,000,000 for 2 years. Funds received under such grants shall 
remain available until expended. 
"(g) FAMILY SUPPORT CENTERS.—Each program that receives 
assistance under this section shall establish one or more family 
support centers that operate— 
"(1) in or near the immediate vicinity of governmentally 
subsidized housing; 
"(2) in urban poverty areas; or 
"(3) in non-urban poverty areas. 
Such centers shall be the primary location for the administration of 
the programs and the provision of services under this title. 
42 use 11483. 
"SEC. 773. TRAINING AND RETENTION. 
"The Secretary shall require that entities that receive a grant 
under section 772 use not more than 7 percent of such grant to 
improve the retention and effectiveness of staff and volunteers. 
42 u s e 11484. 
"SEC. 774. FAMILY CASE MANAGERS. 
"(a) REQUIREMENT.—Each entity that receives a grant under sec-
tion 772 shall employ, subject to subsection (e), an appropriate 
number of individuals with expertise in the provision of intensive 
and comprehensive supportive services to serve as family case man-
agers for the program. 
"0)) NEEDS ASSESSMENT.—Each low-income family that desires to 
receive services from a program that receives assistance under this 
subtitle shall be assessed by a family case manager on such family's 
initial visit to such program as to their need for services. 
"(c) CONTINUING FUNCTIONS.—Family case managers shall formu-
late a service plan based on a needs assessment for each family. 
Such case manager shall carry out such plan, and remain available 
to provide such family with counseling and referral services, to 
enable such family to become self-sufficient. In canying out such 
plan the case manager shall conduct monitoring, tracking, and 
follow-up activities, as appropriate. 
"(d) LIMITATION.—Each family case manager shall have a caseload 
that is of a sufficiently small size so sis to permit such manager to 
effectively manage the delivery of comprehensive services to those 
families assigned to such manager. 
42 u s e 11485. 
"SEC. 775. GATEWAY PROGRAMS. 
"(a) IN GENERAL.—The Secretary shall use amounts made avail-
able in accordance with section 772(b) to make not more than 5 
demonstration grants to local education agencies who, in consulta-
tion with the local public housing authority and private industry 
council, Eigree to provide on-site education, training and necessary 
support services to economically disadvantaged residents of public 
housing. 
"(b) SELECTION OP GRANT RECIPIENTS.—The Secretary of Health 
and Human Services, in consultation with the Secretary of Edu-
cation, shall select a local education agency to receive a grant imder 
subsection (a) if such agency has cooperated with the local public 
housing authority in order to meet the following requirements: 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4753 
"(1) The local education agency shall demonstrate to the Government 
Secretary that training and ancillary support services will be procurement. 
accessed through existing program providers to the extent that 
they are located in the immediate vicinity of the public housing 
development, or will contract with such providers for on-site 
service delivery, and that funds provided under this section will 
be utilized to purchase such services only to the extent that no 
other funds can be obtained to fulfill the purpose. 
"(2) The public housing agency shall agree to make available 
suitable facilities in the public housing development for the 
provision of education, training Eind support services under this 
section. 
"(3) The local education agency shall demonstrate that the 
recipients of service have been recruited with the assistance of 
the public housing authority and are eligible individuals in 
accordance with the priorities established in subsection (c). 
"(4) The local education agency shall demonstrate the ability 
to coordinate the services provided in this section with other 
services provided, with the public housing development and 
private industry council as well as with other public and private 
agencies and community-based organizations of demonstrated 
effectiveness providing similar and ancillary services to the 
target population. 
"(5) The local education agency shall demonstrate that they 
have, to the fullest extent practicable, attempted to employ 
residents of the public housing development to carry out the 
purposes of this section whenever qualified residents are avail-
able. 
"(c) INDIVIDUALS EUGIBLE FOR SERVICES.—Local education agen-
cies receiving grants under this section shall target participation in 
the training and services provided under such grants to individuals 
who— 
"(1) reside in public housing; 
"(2) are economically disadvantaged; and 
"(3) have encountered barriers to employment because of Employment. 
basic skills deficiency including not having a high school di-
ploma, GED, or the equivalent. 
"(d) PRIORITY.—Local education agencies providing services under 
this section shall give priority to single heads of households with 
young dependent children. 
"(e) MANDATORY SERVICES.—Any local education agency that re-
ceives a grant under this section shall establish a Gateway program 
to provide— 
"(1) outreach and information services designed to make eli-
gible individuals aware of available services; 
"(2) literacy and bilingual education services, where appro-
priate; 
"(3) remedial education and basic skills training; 
"(4) employment training and personal management skill 
development or referrals for such services; and 
"(5) child care or dependent care for dependents of eligible Day care, 
individuals during those times, including afternoons and eve-
nings, when training services are being provided. 
To the extent practicable, child care or dependent care services shall 
be designed to employ public housing residents after appropriate 
training. 
Infants and 
children. 
104 STAT. 4754 
PUBLIC LAW 101-645—NOV. 29, 1990 
42 use 11486. 
Government 
contracts. 
Infants and 
children. 
42 u s e 11487. 
"(f) PERMISSIVE SERVICES.—Local education agencies receiving 
grants under this section may make available, as part of their 
Gateway programs— 
"(1) pre-employment skills training; 
"(2) employment counseling and application assistance; 
"(3) job development services; 
"(4) job training; 
"(5) Federal emplo3mient-related activity services; 
"(6) completion of high school or GED program services; 
"(7) transitional assistance, including child care for up to 6 
months to enable such individual to successfully secure 
unsubsidized emplo3anent; 
"(8) substance abuse prevention and education; and 
"(9) other support services that the Secretary deems to be 
appropriate. 
"SEC. 776. EVALUATION. 
"(a) IN GENERAL.—The Secretary shall contract for an independ-
ent evaluation of the programs and entities that receive assistance 
under this title. Such evaluation shall be complete not later than 
the date that is 15 months after the date on which the first grants 
are awarded under this title. 
"(b) MATTER TO BE EVALUATED.—The evaluation conducted under 
subsection (a) shall examine the degree to which the programs 
receiving assistance under this title have fulfilled the objectives 
included in the application in accordance with section 722(eX2) in— 
"(1) enhancing the living conditions in low income housing 
and in neighborhoods; 
"(2) improving the physical, social and educational develop-
ment of low income children and families served by the 
program; 
"(3) achieving progress towards increased potential for 
independence and self-sufficiency among families served by the 
program; 
"(4) the degree to which the provision of services is affected by 
caseload size; 
"(5) promoting increases in literacy levels and basic employ-
ment skills among residents of public housing developments 
served by grants under section 776; and 
"(6) such other factors that the Secretary may reasonably 
require. 
"(c) INFORMATION.—Each eligible entity receiving a grant under 
this subtitle shall furnish information requested by evsduators in 
order to carry out this section. 
"(d) RESULTS.—The results of such evaluation shall be provided by 
the Secretary to the eligible entities conducting the programs to 
enable such entities to improve such programs. 
"SEC. 777. REPORT. 
"Not later than July 1, 1992, the Secretary shall prepare and 
submit, to the (Dommittee on Education £uid Labor, of the House of 
Representatives and the Committee on Labor and Human Resources 
of the Senate, a report— 
"(1) concerning the evaluation required under section 776; 
"(2) providing recommendations for replicating grant pro-
grams, including identifying the geographic and demographic 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4755 
characteristics of localities where this service coordination and 
delivery system may prove effective; 
"(3) describing any alternative sources of funding utilized or 
available for the provision of services of the tjrpe described in 
this subtitle; and 
"(4) describing the degree to which entities are coordinating 
with other existing programs. 
"SEC. 778. CONSTRUCTION. 
"Nothing in this subtitle shall be construed to modify the Federal 
selection preferences described in section 6 of the United States 
Housing Act of 1937 (42 U.S.C. 1437d) or the authorized policies and 
procedures of governmental housing authorities operating under 
annual assistance contracts pursuant to such Act with respect to 
admissions, tenant selection and evictions. 
"SEC. 779. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this sub-
title, $50,000,000 for fiscal year 1991, $55,000,000 for fiscal year 1992, 
and such sums as may be necessary for fiscal year 1993.". 
Subtitle F—Preventive Services Regarding 
Children of Homeless Families or Families 
at Risk of Homelessness 
SEC. 661. CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF 
HOMELESS 
FAMILIES 
OR 
FAMILIES 
AT 
RISK 
OF 
HOMELESSNESS. 
(a) FINDINGS.—Congress finds that— 
(1) homelessness too often results in the placements of chil-
dren into out-of-home care, or delays the reunification of such 
children with their parents; smd 
(2) strong coordination between child welfare aigencies and 
housing authorities can protect homeless children or children at 
risk of becoming homeless from abuse and neglect and help 
prevent the unnecessary separation of children from their 
families. 
0)) AMENDMENT.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.) (as amended by Public Law 101-126) is 
amended by adding at the end thereof the following new title: 
"TITLE III—CERTAIN PREVENTIVE SERV-
ICES REGARDING CHILDREN OF HOME-
LESS FAMILIES OR FAMILIES AT RISK 
OF HOMELESSNESS 
42 use 11488. 
42 use 11489. 
42 use 5118 
note. 
"SEC. 
3
0
1
. 
DEMONSTRATION 
GRANTS 
FOR 
PREVENTION 
OF 
INAPPROPRI-
ATE 
SEPARATION 
FROM 
FAMILY 
AND 
FOR 
PREVENTION 
OF 
CHILD 
ABUSE 
AND 
NEGLECT. 
"(a) EsTABUSHMENT OF PROGRAM.—The Secretary may make 
grants to entities described in subsection (bXl) for the purpose of 
assisting such entities in demonstrating, with respect to children 
42 use 5118. 
104 STAT. 4756 
PUBLIC LAW 101-645—NOV. 29, 1990 
whose families are homeless or at risk of becoming homeless, the 
effectiveness of activities undertaken to prevent— 
"(1) the inappropriate separation of such children from their 
families on the basis of homelessness or other problems regard-
ing the avEiilability and conditions of housing for such families; 
and 
"(2) the abuse and neglect of such children. 
"(b) MINIMUM QUALIFICATIONS OF GRANTEES.— 
"(1) IN GENERAL.—The entities referred to in subsection (a) 
are State and local agencies that provide services in geographic 
areas described in paragraph (2), and that have authority— 
"(A) for removing children, temporarily or permanently, 
from the custody of the parents (or other legal guardians) of 
such children and placing such children in foster care or 
other out-of-home care; or 
"(B) in the case of youths not less than 16 years of age for 
whom such a placement has been made, for assisting such 
youths in preparing to be discharged from such care into 
circumstances of providing for their own support. 
"(2) ELIGIBLE GEOGRAPHIC AREAS.—The geographic areas re-
ferred to in paragraph (1) are geographic areas in which 
homelessness and other housing problems are— 
"(A) threatening the well-being of children; and 
"(BXi) contributing to the placement of children in out-of-
home care; 
"(ii) preventing the reunification of children with their 
families; or 
"(iii) in the case of youths not less than 16 years of age 
who have been placed in out-of-home care, preventing such 
youths from being discharged from such care into cir-
cumstances of providing their own support without ade-
quate living arrangements. 
"(3) COOPERATION WITH APPROPRIATE PUBUC AND PRIVATE ENTI-
TIES.—The Secretary shall not make a grant under subsection 
(a) unless the agency involved has entered into agreements with 
appropriate entities in the geographic area involved (including 
child welfare agencies, public housing agencies, and appropriate 
public and nonprofit private entities that provide services to 
homeless families) regarding the joint planning, coordination 
and delivery of services under the grant. 
"(c) REQUIREMENT OF MATCHING FUNDS.— 
"(1) IN GENERAL.—The Secretary shall not make a grant 
under subsection (a) unless the agency involved agrees that, 
with respect to the costs to be incurred by such agency in 
canying out the purpose described in such subsection, the 
agency will make available (directly or through donations from 
public or private entities) non-Federal contributions toward 
such costs in an amount equal to not less than $1 for each $4 of 
Federal funds provided in such grant. 
"(2) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBU-
TION.—Non-Federal contributions required under paragraph (1) 
may be in cash or in kind, fairly evaluated, including plant, 
equipment, or services. Amounts provided by the Federal 
Government, or services assisted or subsidized to any significant 
extent by the Federal Government, shall not be included in 
determining the amount of such non-Federal contributions. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4757 
"SEC. 302. PROVISIONS WITH RESPECT TO CARRYING OUT PURPOSE OF 42 USC 5118a. 
DEMONSTRATION GRANTS. 
"(a) JOINT TRAINING OF APPROPRIATE SERVICE PERSONNEL.— 
"(1) IN GENERAL.—The Secretary shall not make a grant 
under section 301(a) unless the agency involved agrees to estab-
lish, with respect to the subjects described in paragraph (2), a 
program for joint training concerning such subjects, for appro-
priate personnel of child welfare agencies, public housing agen-
cies, and appropriate public and private entities that provide 
services to homeless families. 
"(2) SPECIFICATION OF TRAINING SUBJECTS.—The subjects re-
ferred to in paragraph (1) are— 
"(A) the relationship between homelessness, and other 
housing problems, and the initial and prolonged placement 
of children in out-of-home care; 
"(B) the housing-related needs of families with children 
who are at risk of placement in out-of-home care; and 
"(C) resources (including housing-related assistance) that 
are available to prevent the initial or prolonged placement 
in out-of-home care of children whose families are homeless 
or who have other housing problems. 
"(b) ADDITIONAL AUTHORIZED ACTIVITIES.—In addition to activities 
authorized in subsection (a), a grantee under section 301(a) may 
expend grant funds for— 
"(1) the hiring of additional personnel to provide assistance in 
obtaining appropriate housing— 
"(A) to families whose children are at imminent risk of 
placement in out-of-home care or who are awaiting the 
return of children placed in such care; and 
"(B) to youth who are preparing to be discharged from 
such care into circumstances of providing for their own 
support; 
"(2) training and technical assistance for the personnel of 
shelters and other programs for homeless families (including 
domestic violence shelters) to assist such programs— 
"(A) in the prevention and identification of child abuse 
and neglect among the families the programs served; and 
"(B) in obtaining appropriate resources for families who 
need social services, including supportive services and res-
pite care; 
"(3) the development and dissemination of informational 
materials to advise homeless families with children and others 
who are seeking housing of resources and programs available to 
assist them; and 
"(4) other activities, if authorized by the Secretary, that are 
necessary to address housing problems that result in the 
inappropriate initial or prolonged placement of children in out-
of-home care. 
"SEC. 303. ADDITIONAL REQUIRED AGREEMENTS. 
42 USC 5118b. 
"(a) REPORTS TO SECRETARY.—The Secretary shall not make a 
grant under section 301(a) unless the agency involved agrees that 
such agency will— 
(1) annually prepare and submit to the Secretary a report 
describing the specific activities carried out by the agency under 
the grant; and 
\ 
104 STAT. 4758 
PUBLIC LAW 101-645—NOV. 29, 1990 
"(2) include in the report submitted under paragraph (1), the 
results of an evaluation of the extent to which such activities 
have been effective in carrying out the purpose described in 
such section, including the effect of such activities regarding— 
"(A) the incidence of placements of children in out-of-
home care; 
"(B) the reunification of children with their families; and 
"(C) in the case of youths not less than 16 years of age 
who have been placed in out-of-home care, the discharge of 
such youths from such care into circumstances of providing 
for their own support with adequate living arrangements. 
"(b) EVALUATION BY THE SECRETARY.—The Secretary shall conduct 
evaluations to determine the effectiveness of demonstration pro-
grams supported under section 301(a) in— 
"(1) strengthening coordination between child welfare agen-
cies, housing authorities, and programs for homeless families; 
"(2) preventing placements of children into out-of-home care 
due to homelessness or other housing problems; 
"(3) facilitating the reunification of children with their fami-
lies; and 
"(4) in the case of youths not less than 16 years old who have 
been placed in out-of-home care, preventing such youth from 
being discharged from such care into circumstances of providing 
their own support without adequate living arrangements. 
"(c) REPORT TO CONGRESS.— 
"(1) PREPARATION OF UST.—Not later than April 1, 1991, the 
Secretary, after consultation with the Secretary of Education, 
the Secretary of Housing and Urban Development and the 
Secretary of Labor, shall prepare and submit to the Committee 
on Education and Labor of the House of Representatives and 
the (Committee on Labor and Human Resources of the Senate a 
list of Federal programs that provide services, or fund grants, 
contracts, or cooperative agreements for the provision of serv-
ices, directed to the prevention of homelessness for families 
whose children are at risk of out of home placement and the 
incidence of child abuse that may be associated 
with 
homelessness, that shall include programs providing— 
"(A) rent, utility, and other subsidies; 
"(B) training; and 
"(C) for inter-agency coordination, at both the local and 
State and Federal level. 
"(2) CONTENTS OF UST.—The list prepared under paragraph (1) 
shall include a description of— 
"(A) the appropriate citations relating to the authority 
for such programs; 
"(B) entities that are eligible to participate in each such 
program; 
"(C) authorization levels and the annual amounts appro-
priated for such programs for each fiscal year in which such 
programs were authorized; 
"(D) the agencies and divisions administering each such 
program; 
"(E) the expiration date of the authority of each such 
program; and 
"(F) to the extent available, the extent to which housing 
assistance under such programs can be accessed by child 
welfare and other appropriate agencies. 
PUBLIC LAW 101-645—NOV. 29, 1990 
104 STAT. 4759 
"(3) REPORT.—Not later than March 1, 1993, the Secretary 
shall prepare and submit to the appropriate committees of 
Congress a report that contains a description of the activities 
carried out under this title, and an assessment of the effective-
ness of such programs in preventing initial and prolonged 
separation of children from their families due to homelessness 
and other housing problems. At a minimum the report shall 
contain— 
"(A) information describing the locsdities in which activi-
ties are conducted; 
"(B) information describing the specific activities under-
taken with grant funds and, where relevant, the numbers of 
families and children assisted by such activities; 
"(C) information concerning the nature of the joint train-
ing conducted with grant funds; 
"(D) information concerning the manner in which other 
agencies such as child welfare, public housing authorities, 
and appropriate public and nonprofit private entities are 
consulting and coordinating with existing programs that 
are designed to prevent homelessness and to serve homeless 
families and youth; and 
"(E) information concerning the impact of programs sup-
ported with grant funds under this title on— 
"(i) the incidence of the placement of children into 
out-of-home care; 
"(ii) the reunification of children with their families; 
and 
"(iii) in the case of youth not less than 16 years of age 
who have been placed in out-of-home care, the dis-
charge of such youths from such care into cir-
cumstances of providing for their own support with 
adequate living arrangements. 
"(d) RESTRICTION ON USE OF GRANT.—The Secretary may not make 
a grant under section 301(a) unless the agency involved agrees that 
the agency will not expend the grant to purchase or improve real 
property, 
"SEC. 304. DESCRIPTION OF INTENDED USES OF GRANT. 
"The Secretary shall not make a grant under section 301(a) 
unless— 
"(1) the agency involved submits to the Secretary a descrip-
tion of the purposes for which the agency intends to expend the 
grant; 
"(2) with respect to the entities with which the gigency has 
made agreements pursuant to section 301(b)(1), such entities 
have assisted the agency in preparing the description required 
in paragraph (1); and 
"(3) the description includes a statement of the methods that 
the agency will utilize in conducting the evaluations required in 
section 303(aX2). 
"SEC. 305. REQUIREMENT OF SUBMISSION OF APPLICATION. 
"The Secretary shall not make a grant under section 301(a) unless 
an application for the grant is submitted to the Secretary, the 
application contains the description of intended uses required in 
section 304, and the application is in such form, is made in such 
42 use 5118c. 
42 use 5118d. 
104 STAT. 4760 
PUBLIC LAW 101-645—NOV. 29, 1990 
manner, and contains such agreements, assurances, and information 
as the Secretary determines to be necessary to carry out this title. 
42 u s e 5118e. 
"SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—For the purpose of carr3dng out this title, there 
are authorized to be appropriated $12,500,000 for fiscal year 1992. 
"Oi) AVAILABILITY OF APPROPRLATIONS.—Amounts appropriated 
under subsection (a) shsdl remain available until expended.". 
(c) TECHNICAL AND CONFORMING AMENDMENT.—The Child Abuse 
and Prevention Act (42 U.S.C. 5101 et seq.) is amended in the table 
of contents in section 101(b) by adding at the end thereof the 
following new items: 
"TITLE ni—CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF 
HOMELESS FAMILIES OR FAMILIES AT RISK OF HOMELESSNESS 
"Sec. 301. Demonstration grants for prevention of inappropriate separation from 
family and for prevention of child abuse and neglect. 
"Sec. 302. Provisions with respect to canying out purpose of demonstration grants. 
"Sec. 303. Addition£d required agreements. 
"Sec. 304. Description of intended uses of grant. 
"Sec. 305. Requirement of submission of application. 
"Sec. 306. Authorization of appropriations.". 
TITLE VII—VETERANS PROGRAMS 
SEC. 701. MEDICAL PROGRAMS. 
Section 801(a) of the Stewart B. McKinney Homeless Assistance 
Amendments Act of 1988 (Public Law 100-628; 102 Stat. 3257) is 
amended to read as follows: 
"(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Department of Veterans Affairs $31,500,000 
for fiscal year 1991 and $33,075,000 for fiscal year 1992 for the 
medical care of veterans by the Department. Any amount appro-
priated under this subsection shall be in addition to any funds 
appropriated pursuant to any other authorization (whether definite 
or indefinite) of appropriations for fiscal years 1991 and 1992.". 
Approved November 29, 1990. 
LEGISLATIVE HISTORY—H.R. 3789 (S. 2863) (S. 2886): 
HOUSE REPORTS: No. 101-583, Pt. 1 (Comm. on Banking, Finance and Urban 
Affairs) and Pt. 2 (Comm. on Energy and Commerce); and 
No. 101-951 (Comm. of Conference). 
SENATE REPORTS: No. 101-436 accompanying S. 2863 (Comm. on Labor and Human 
Resources) and No. 101-458 accompanying S. 2886 (Comm. on 
Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 26, S. 2863 considered and passed Senate. 
Oct. 10, H.R. 3789 considered and passed House. 
Oct. 12, considered and passed Senate, amended. 
Oct. 26, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 29, Presidential statement.