< Back to H.R. 3789 (101st Congress, 1989–1990)

Text of the Stewart B. McKinney Homeless Assistance Amendments Act of 1990

This bill was enacted after being signed by the President on November 29, 1990. The text of the bill below is as of Nov 29, 1990 (Passed Congress/Enrolled Bill).

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H.R.3789

One Hundred First Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twenty-third day of January,

one thousand nine hundred and ninety

An Act

To amend the Stewart B. McKinney Homeless Assistance Act to extend programs providing urgently needed assistance for the homeless, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Stewart B. McKinney Homeless Assistance Amendments Act of 1990’.

    (b) TABLE OF CONTENTS-

      Sec. 1. Short title and table of contents.

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.

Subtitle B--Formula Grants to States for Assistance Regarding 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 illness.

      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 Stewart 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:

‘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 MANAGEMENT FOOD AND SHELTER PROGRAM

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(a)(17) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(17)).’.

    (b) IMPLEMENTATION- Each local board under the Emergency Food and Shelter Program whose membership shall include a 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:

‘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 persons 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 acquisition, 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 services 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(b)(2) 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 governments that have formed a consortium that, in the determination 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 received 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) The 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.

      ‘(7) The term ‘locality’ means the geographical area within the jurisdiction of a local 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 security 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(c)(1)(B); 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 substance 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 provided 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 responsibility, 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 Secretary with respect to assistance provided to such project sponsor 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 pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act.

      ‘(16)(A) 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, persons with mental disabilities, other persons with disabilities, the elderly, and veterans intended to be served by a project; and

        ‘(ii) assists in accomplishing the purposes of the different types 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 counseling, 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 medical equipment.

      ‘(D) All 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 any 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 carrying 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 meaning 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 emergency, 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.

        ‘(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 strategy) in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act.

        ‘(C) USE OF PROJECT SPONSORS- A grantee shall carry out activities authorized under this subsection through contracts 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) ELIGIBLE ACTIVITIES- Grants under this title shall be available only for approved activities. Approved activities shall include--

      ‘(1) the provision of assistance to help very low-income families 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 accordance 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 families who are residing in emergency shelter or transitional housing 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 local circumstances.

    ‘(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 subparagraph 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 authorized under section 421, provide rental assistance to public housing 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 303(b) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1990, the Secretary shall issue regulations establishing an allocation formula, if any, that reflects each jurisdiction’s share of the Nation’s need for housing assistance for the homeless.

‘SEC. 405. DISCRETIONARY ALLOCATION.

    ‘(a) IN GENERAL- In addition to grants otherwise authorized by 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) ELIGIBLE 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 assisted under sections 412 and 413 if such assistance is required to meet the special needs of homeless persons residing in such projects.

    ‘(c) APPLICATIONS- Assistance under this section shall be allocated among approvable applications submitted by eligible applicants. 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 homeless 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 property 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 certification 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 Secretary determines to be necessary to achieve the purposes of this section.

    ‘(d) SELECTION CRITERIA-

      ‘(1) IN GENERAL- The Secretary shall establish selection criteria for assistance under this subsection, which shall principally 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 general 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 agencies 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 available 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 (b)(3) 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 (b)(3) 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 (b)(3) 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) GUIDELINES- The Secretary of Housing and Urban Development 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. 406. RESPONSIBILITIES OF GRANTEES AND PROJECT SPONSORS.

    ‘(a) MATCHING REQUIREMENTS-

      ‘(1) IN GENERAL- Each grantee shall be required to supplement 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 assistance 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 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).

    ‘(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 undertaken 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.

    ‘(d) ASSISTANCE TO HOMELESS PERSONS- Each grantee shall certify that each project sponsor shall administer, in good faith, a 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 assist 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 assessment 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 submission. The report shall include a summary of any comments received from interested parties.

      ‘(2) CONSULTATION- The Secretary shall consult with national associations of States, local governments, and other housing interests to develop uniform recordkeeping, performance reporting, and auditing requirements. After considering the results of such consultations, the Secretary shall establish uniform 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 furnish 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 eventually own or control, the site.

    ‘(i) PREVENTION OF UNDUE BENEFITS- The Secretary may prescribe 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.

    ‘(j) CONFIDENTIALITY- Each grantee shall 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 necessary 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 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 3(b)(2) of the United States Housing Act of 1937.

    ‘(c) FLOOD ELEVATION REQUIREMENTS- Flood protection standards 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 COMMUNITY 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) GAO AUDITS- Insofar as they relate to funds provided under this section, the financial transactions of grantees and project sponsors may be audited by the General Accounting Office under 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 Secretary 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 provide 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 payments is due to a sudden reduction in income;

      ‘(2) the assistance is necessary to avoid the eviction or termination of services;

      ‘(3) there is a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and

      ‘(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 shelter’ if it is designed to provide overnight sleeping accommodations for homeless persons. An emergency shelter may include appropriate 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 appropriate privacy, safety, and sanitary and other health-related conditions 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 described 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 assistance 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 permanent housing, medical and mental health treatment, counseling, 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 housing’ if it is designed to facilitate the movement of homeless persons to independent living within 24 months (or such longer period as the Secretary determines is necessary to facilitate the transition of homeless persons to independent living). Transitional housing includes housing primarily designed to serve deinstitutionalized homeless persons and other homeless persons with mental disabilities, and homeless families with children.

    ‘(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 rehabilitation, or acquisition and rehabilitation of an existing structure for use as transitional housing. 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 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 an existing structure for use as 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 housing (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) Technical 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 assistance 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 employment assistance program for the residents of transitional housing, which shall include--

        ‘(A) employment of residents in the operation and maintenance of the housing; and

        ‘(B) the payment of the transportation costs of residents to places of employment.

      ‘(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 housing; 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.

      A project sponsor may receive assistance under both paragraphs (1) and (2).

    ‘(c) PROGRAM REQUIREMENTS-

      ‘(1) REQUIRED AGREEMENTS- A grantee may approve assistance for a project under this section only if the project sponsor has agreed--

        ‘(A) to operate the proposed project as transitional housing for not less than 10 years, 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;

        ‘(B) to conduct an ongoing assessment of the supportive services required by the residents of the project;

        ‘(C) to provide such residential supervision as the Secretary determines is necessary to 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 transitional 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 shall be considered ‘permanent housing 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.

    ‘(b) 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 assistance to a project sponsor of permanent housing for homeless persons with disabilities:

      ‘(1) A grant for the cost of acquisition, substantial rehabilitation, or acquisition and rehabilitation of an existing structure for use as permanent housing for homeless persons with disabilities. 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 structure 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 housing 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 assistance 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 persons 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 provided from sources other than this Act).

    ‘(d) PROGRAM REQUIREMENTS-

      ‘(1) REQUIRED AGREEMENTS- A grantee may approve assistance for any project under this section only if the project sponsor has agreed--

        ‘(A) to operate the proposed project as permanent housing 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 annually 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 Secretary 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 carrying 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 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 improving housing opportunities for very low-income persons with disabilities; and (ii) reasonably related to program eligibility and an applicant’s ability to perform the obligations of the lease. Project sponsors shall promptly notify in writing 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 (1)(A) 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 assistance under this section to provide for the payment 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 COUNSELING- The grantee shall provide counseling 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 provide assistance to eligible families in the form of a security deposit and the cost of rent for a reasonable period of time if--

      ‘(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 payments 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 appropriate 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 rehabilitation 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 rehabilitation 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 subtitle 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 demonstrate a need for the assistance under this section and the ability to undertake and carry out a program to be assisted under this 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 population 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.

    ‘(c) FIRE AND SAFETY IMPROVEMENTS- Each annual contribution contract entered into with the authority provided under this subtitle shall require the installation 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’ means hallways, large common areas, and other areas specified in local fire, building, or safety codes.

    ‘(d) COST LIMITATION-

      ‘(1) PER UNIT CEILING- 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 accommodate 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 contributions 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 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 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.

    ‘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 mentally ill, have chronic problems with alcohol, drugs, or both, or have acquired immunodeficiency syndrome and related diseases) and the families of such persons.

‘SEC. 432. RENTAL HOUSING ASSISTANCE.

    ‘(a) IN GENERAL- The Secretary is authorized, in accordance with the provisions of this subtitle, to provide rental housing assistance 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 seriously 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 supplement 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 recipient, 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. 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.

    ‘(b) 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 population 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;

      ‘(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-Gonzalez National Affordable Housing Act that the proposed activities are consistent with the approved housing strategy of the unit of general local government within which housing assistance under this subtitle will be provided;

      ‘(10) a plan for--

        ‘(A) in the case of rental housing assistance under part II, providing housing assistance;

        ‘(B) identifying and selecting eligible persons to participate, 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 persons 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(a)(2)(C), (and the families of such persons) will be brought into the program;

      ‘(11) in the case of housing assistance under part III, identification of the specific structures that the recipient is proposing for rehabilitation and assistance; and

      ‘(12) in the case of housing assistance under part IV, identification 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 supportive services is or will be available;

      ‘(6) the extent to which the project would meet the needs of the homeless persons proposed to be served by the program;

      ‘(7) the extent to which the program integrates program recipients into the community served by the program; and

      ‘(8) the cost-effectiveness of the proposed program; and

      ‘(9) such other factors as the Secretary specifies in regulations to be appropriate for purposes of carrying out the program established by this subtitle in an effective and efficient manner.

    ‘(b) FUNDING LIMITATION- No more than 10 percent of the assistance 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 assistance 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 carrying out the program 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 related 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 assistance 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.

      ‘(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 ‘person with disabilities’ has the same meaning given the term in section 811 of the Cranston-Gonzalez National Affordable Housing Act.

      ‘(6) The term ‘public housing agency’ has the meaning given such term in section 3(b)(6) 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) 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.

      ‘(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 assistance under section 8(e)(2) 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) AVAILABILITY- 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 accordance with the requirements of this part.

‘SEC. 442. HOUSING ASSISTANCE.

    ‘Where necessary to assure that the provision of supportive services 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 appropriate 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 receive in any year (1) up to 25 percent of such amounts or (2) such higher percentage as the Secretary may approve upon a demonstration 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. 444. 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 directly 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 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

      ‘(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 accordance 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 administering the housing assistance an administrative fee in an amount determined appropriate by the Secretary for the costs of administering the housing assistance.

‘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 occupancy 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 efficiency units.

‘SEC. 452. FIRE AND SAFETY IMPROVEMENTS.

    ‘Each contract for housing assistance payments entered into using the authority provided under section 439(b) shall require the installation 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 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 Secretary with a public housing agency to obligate the authority made available under section 439(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 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 payment 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 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 requirements 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 appropriate 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. 463. HOUSING STANDARDS AND RENT REASONABLENESS.

    ‘(a) IN GENERAL- The Secretary shall require that (1) the recipient 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 purpose of this part, and (2) the recipient 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 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

‘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 assistance and projects under this title.’.

    (b) 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 the 8-month period following the date of the notice. The Secretary 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 Assistance 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 effect--

      (1) on October 1, 1992, or

      (2) on the date specified by a statute adopting a proposed allocation formula described in subsections (b) and (c),

    whichever is later.

    (b) FEASIBILITY STUDY- The Secretary shall carry out a study to determine the feasibility of allocating homeless assistance by a formula that distributes housing assistance for the homeless in accordance with the relative incidence of homelessness in jurisdictions 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 (b) 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--General Provisions

      ‘Sec. 401. Purpose.

      ‘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.

‘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. Rental 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 III--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 IV--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 Development 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 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 Services, 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, transitional, 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 regulations 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 limitations upon a jurisdiction’s discretion to allocate resources among approved activities under the Stewart B. McKinney Homeless Assistance Act as the Secretary determines 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 transient facility’ means a facility that provides transient accommodations 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 counties, Indian tribes, or otherwise on a local basis, for providing child care services within the area, which strategy shall be 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 counties, Indian tribes, or otherwise on a local basis, for providing a plan to encourage a program which waives certain 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 program in any fiscal year, but only if the tribe submits biennially 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 (c)(1), 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 urban 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 reflect the comments of citizens, public and private homeless shelter and service providers, and local governments.

      ‘(3) AVAILABILITY- Each State, Indian tribe, metropolitan city, and urban county shall make the comprehensive plan and annual report available to the public.

      ‘(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 STANDARDS- Section 401 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361) is amended--

        (A) in subsection (a)(1), by striking ‘annually’ and inserting ‘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 ‘, services, 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 population, (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 contributing to homelessness’.

SEC. 312. EMERGENCY SHELTER GRANTS PROGRAM.

    (a) AUTHORIZATION OF APPROPRIATIONS- The first sentence of section 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 pursuant to the preceding sentence with local governments funded by the State.’.

      (2) CONFORMING AMENDMENT- The table of contents for subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 417 the following new item:

      ‘Sec. 418. Administrative costs.’.

    (c) INCREASE IN AMOUNT AVAILABLE FOR SERVICES- Section 414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11374(a)(2)(B)) is amended by striking ‘20 percent’ and inserting ‘30 percent’.

    (d) TREATMENT OF HOMELESSNESS PREVENTION ACTIVITIES- Section 414(a)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11374(a)(4)) is amended by striking 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 CONFIDENTIALITY-

      (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 subtitle 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 ‘and’ 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 amounts required under subsection (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 subsection (a)(2); and

      ‘(5) 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 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 program under subtitle B, a strategy for obtaining any matching 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(a)(17) of the Housing and Community Development Act of 1974.’.

      (2) GRANT ASSISTANCE- Section 412 of the Stewart B. McKinney 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) ALLOCATION 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) by inserting ‘, or for Indian tribes’ after ‘urban county’ each place it appears.

      (4) DISTRIBUTION TO NONPROFIT ORGANIZATIONS- The first sentence 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(d)(3) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11373(d)(3)) 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(a)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11374(a)(2)) is amended--

        (A) in subparagraph (A), by inserting ‘or Indian tribe’ after ‘local government’; and

        (B) in subparagraph (B), by striking ‘or local government’ 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 appropriate privacy, safety, and sanitary and other health-related conditions for homeless persons and families. Grantees are authorized to establish standards of habitability in addition to those prescribed by the Secretary.’.

    (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-Gonzalez 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(12)(B)) is amended by inserting after ‘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. McKinney Homeless Assistance Act (42 U.S.C. 11383(a)(1)) 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 determine, and in accordance with such terms and conditions, and accounting and other procedures, as the Secretary may prescribe, the Secretary may convert an advance made under subsection (a)(1) to a grant.’.

    (d) OPERATING COST PAYMENTS- Section 423(a)(3) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11383(a)(3)) is amended to read as follows:

      ‘(3) Annual payments for operating costs of transitional housing (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(a)(2)(D) (unless such assistance is no longer necessary, in the determination of the Secretary), and for operating costs for permanent housing for handicapped homeless persons, not to exceed 75 percent of the annual operating costs of such housing in any year during the 10-year period under section 424(a)(2)(D), 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 Stewart 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 paragraph:

      ‘(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(a)(3) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11384(a)(3)) 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 Secretary 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. McKinney Homeless Assistance Act (42 U.S.C. 11383(a)), as amended 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 housing; 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--

      (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 SHELTERS- Section 424(c) of the Stewart B. McKinney Homeless Assistance 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 confidentiality 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(a)(2)(D) 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 an 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- Section 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 paragraph (1), (2), or (3) of such section unless assurances have been made under subsection (a)(2)(D) 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 paragraphs (5) through (15), respectively; and

        (C) by inserting after paragraph (3) the following new paragraph:

      ‘(4) The term ‘Indian tribe’ has the meaning given such term in section 102(a)(17) of the Housing and Community Development 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. McKinney Homeless Assistance Act (42 U.S.C. 11385) is amended--

        (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 section 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(d)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11392(d)(2)) 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- Section 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 (d)(2) 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 SHELTERS- Section 432(d) of the Stewart B. McKinney Homeless Assistance 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 paragraph:

      ‘(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 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; 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 inserting the following:

    ‘(e) SITE CONTROL-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), the Secretary’; and

      (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 individuals served own or control, or will eventually own or control, the site.’.

SEC. 315. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCUPANCY DWELLINGS.

    (a) INCREASE IN BUDGET AUTHORITY- Section 441(a) of the Stewart 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 available under section 5(c) of the United States Housing Act of 1937 for assistance under section 8(e)(2) 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 subsection:

    ‘(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 Homeless 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:

‘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 mentally ill, have chronic problems with alcohol, drugs, or both, or have acquired immunodeficiency syndrome and related diseases) and 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 assistance 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 seriously 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 supplement 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 recipient, 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 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 population 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 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-Gonzalez National Affordable Housing Act that the proposed activities are consistent with the approved housing strategy of the unit of general local government within which housing assistance under this subtitle will be provided;

      ‘(10) a plan for--

        ‘(A) in the case of rental housing assistance under part II, providing housing assistance;

        ‘(B) identifying and selecting eligible persons to participate, 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 persons 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(a)(2)(C), (and the families of such persons) will be brought into the program;

      ‘(11) in the case of housing assistance under part III, identification of the specific structures that the recipient is proposing for rehabilitation and assistance; and

      ‘(12) in the case of housing assistance under part IV, identification 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. 455. 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 supportive services is or will be available;

      ‘(6) the extent to which the project would meet the needs of the homeless persons proposed to be served by the program;

      ‘(7) the extent to which the program integrates program recipients into the community served by the program; and

      ‘(8) the cost-effectiveness of the proposed program; and

      ‘(9) such other factors as the Secretary specifies in regulations to be appropriate for purposes of carrying out the program established by this subtitle in an effective and efficient manner.

    ‘(b) FUNDING LIMITATION- No more than 10 percent of the assistance 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 assistance 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 carrying out the program in an effective and efficient manner.

‘SEC 457. 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. 458. DEFINITIONS.

    ‘For purposes of this subtitle:

      ‘(1) The term ‘acquired immunodeficiency syndrome and related diseases’ has the meaning given such 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 assistance 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.

      ‘(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-Gonzalez National Affordable Housing Act.

      ‘(7) The term ‘public housing agency’ has the meaning given such term in section 3(b)(6) of the United States Housing Act of 1937.

      ‘(8) The term ‘recipient’ means an applicant approved for participation in the program authorized under this 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; 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. 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 Community 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.

    ‘(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 assistance under section 8(e)(2) 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 accordance with the requirements of this part.

‘SEC. 462. HOUSING ASSISTANCE.

    ‘Where necessary to assure that the provision of supportive services 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.

    ‘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 appropriate 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 receive in any year (1) up to 25 percent of such amounts or (2) such higher percentage as the Secretary may approve upon a demonstration 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. 464. 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 directly 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 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

      ‘(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 accordance with the provisions of section 3(a)(1) 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 administering the housing assistance an administrative fee in an amount determined appropriate by the Secretary for the costs of administering 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 occupancy by homeless persons. However, amounts made available under section 459(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 efficiency units.

‘SEC. 472. FIRE AND SAFETY IMPROVEMENTS.

    ‘Each contract for housing assistance payments 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 improvements 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 Secretary 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 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. 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 payment 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 National Affordable Housing Act 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 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 aggregate amounts not to exceed the appropriate 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. 483. HOUSING STANDARDS AND RENT REASONABLENESS.

    ‘(a) IN GENERAL- The Secretary shall require that (1) the recipient 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 purpose of this part, and (2) the recipient 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 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 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.’.

    (b) 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 available 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 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 Secretary 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 Assistance 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. Rental 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 and rent reasonableness.

      ‘Sec. 465. Tenant rent.

      ‘Sec. 466. Administrative fees.

‘Part III--Shelter Plus Care: Moderate Rehabilitation 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.’.

Subtitle C--Effective Date

SEC. 321. EFFECTIVE DATE.

    If the Cranston-Gonzalez 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 PROPERTY 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 Homeless 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(b)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(b)(2)). 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 available for use to assist the homeless; or

        ‘(iii) a statement of the reasons (including a full explanation 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

        ‘(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 presently available for use to assist the homeless.

    ‘(2)(A) 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 identifications; and

      ‘(B) the responses of landholding agencies to such identifications.

    ‘(c) PUBLICATION OF PROPERTIES- (1)(A) No later than 15 days after the last day of the 45-day period provided for under subsection (b)(1), 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 (b)(2) 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 information), 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.

    ‘(2)(A) No later than 15 days after the last day of the 45-day period provided for under subsection (b)(1), the Secretary shall transmit a copy of the list of available properties published under paragraph (1)(A)(ii) to the Interagency Council on the Homeless. The Council shall immediately distribute to all State and regional homeless 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 necessary to ensure the widest possible dissemination of the information 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 (1)(A), including environmental assessment data. The Secretary shall maintain a current list of agency contacts for making referrals of inquiries for information about specific properties.

    ‘(4)(A) On December 31 of each year, the head of each landholding 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 (1)(A)(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 publish in the Federal Register a list of all properties reported under subparagraph (A) for the preceding year and the current classification of the properties.

    ‘(C) For purposes of subparagraph (A), property shall be considered to remain available for application for use to assist the homeless 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 (c)(1)(A)(ii) 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 paragraph (1), such property may not be made available for any other purpose until the date the Secretary of Health and Human 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 unsuitability 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.

    ‘(4)(A) Written notice of intent to apply for a property published under subsection (c)(1)(A)(ii) 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 Administrative Services Act of 1949 (40 U.S.C. 484), except as provided in subsection (f)(3)(A).

    ‘(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) APPLICATION FOR PROPERTY- (1) A representative of the homeless may submit an application to the Secretary of Health and Human Services for any property that is published under subsection (c)(1)(A)(ii) 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. The Secretary of Health and Human Services shall, with the concurrence of the appropriate landholding agency, grant reasonable extensions.

    ‘(3) No later than 25 days after receipt of a completed application, the Secretary of Health and Human Services shall review, make all determinations, and complete all actions on the application. The Secretary of Health and Human Services shall maintain a written public record of all actions taken in response to an application.

    ‘(f) MAKING PROPERTY AVAILABLE TO REPRESENTATIVES OF THE HOMELESS- (1) Subject to the provisions of this subsection, property for which the Secretary of Health and Human Services has approved 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 Administrative Services Act of 1949 (40 U.S.C. 484(k)(1) 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 (b)(1)(A)(ii) 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.

    ‘(3)(A) 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 Secretary 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 Secretary of Health and Human Services makes a determination under subparagraph (A), the Administrator or the Secretary of Health and Human Services shall transmit to the appropriate committees of the Congress an explanatory statement detailing the need satisfied by conveyance 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 Secretary of Health and Human Services may, upon written request by the representative, convey such property by deed to the representative in accordance with, and subject to the requirements of, section 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 (b)(1).

    ‘(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 department or agency with statutory authority to control real property;

      ‘(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 and 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 enactment of this Act.

    (c) UNUTILIZED AND UNDERUTILIZED PROPERTY- For purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act (42 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 the date of the enactment of this Act, the Administrator of General 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 NATIONAL CENSUS.

    Not later than 1 year after the date of the enactment of this Act, the General Accounting Office shall conduct a study of the methodology and procedures used by the Bureau of the Census in counting the number of homeless persons for the most recent decennial census conducted pursuant to title 13, United States Code, to determine the accuracy of such count, and report to the Congress the results of that study.

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 QUALIFICATIONS OF GRANTEES- (1) Subject to paragraph (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 qualified to receive payments under such plan; or

        ‘(ii) the applicant for the grant will enter into an agreement with an organization under which the organization will provide the health service, and the organization has entered into such a participation agreement and is qualified to receive such payments.

    ‘(2)(A) In the case of an organization making an agreement under paragraph (1)(C)(ii) regarding the provision of health services under subsection (a), the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary 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 provision of services to the public.’.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

    Section 340(q)(1) of the Public Health Service Act (42 U.S.C. 256(q)(1)) 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:

    ‘(s) GRANTS REGARDING OUTREACH AND PRIMARY HEALTH SERVICES 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) (including 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.

      ‘(3)(A) The Secretary may not make a grant under paragraph (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-Federal 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 (b)(3), (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 (i)(1)(D) (including as applied to this subsection by the preceding sentence), mobile medical units shall be considered to be major medical equipment.

      ‘(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.

      ‘(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 Assistance Regarding Transition From Homelessness

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 payments, 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 payments under section 521 unless the State involved agrees that the payments 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 substance 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 programs, 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 activities, personal financial planning, transportation services, and habilitation and rehabilitation services, prevocational and vocational services, and housing services;

        ‘(C) providing assistance to the eligible homeless individual 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 accordance 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 Secretary to provide such services;

      ‘(8) supportive and supervisory services in residential settings;

      ‘(9) referrals for primary health services, job training, educational 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 applying 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 Secretary.

    ‘(c) COORDINATION- The Secretary may not make payments 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 Secretary 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

      ‘(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 payments under section 521 unless the State involved agrees that not more than 4 percent of the payments will be expended for administrative expenses regarding the payments.

    ‘(g) MAINTENANCE OF EFFORT- The Secretary may not make payments 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 payments under section 521 unless the State involved agrees that--

      ‘(1) not more than 20 percent of the payments will be expended for housing services under subsection (b)(10); and

      ‘(2) the payments 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 required 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 significant 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 section 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 (a)(2) is the product of--

      ‘(1) an amount equal to the amount appropriated under section 535(a) for the fiscal year; and

      ‘(2) a percentage equal to the quotient of--

        ‘(A) an amount equal to the population living in urbanized 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 urbanized 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 FAILURE OF STATE REGARDING EXPENDITURE OF GRANTS.

    ‘(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 subsection (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 reasonable 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 payments 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

      ‘(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 payments 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 activities 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 PUBLIC 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 housing agencies, an opportunity to present comments and recommendations with respect to the description.

    ‘(c) Relationship to State Comprehensive Mental Health Services Plan-

      ‘(1) IN GENERAL- The Secretary may not make payments 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 payments 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 paragraph (1).

‘SEC. 528. REQUIREMENT OF REPORTS BY STATES.

    ‘(a) IN GENERAL- The Secretary may not make payments 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 Comptroller 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 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 PUBLIC 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) EVALUATIONS BY COMPTROLLER GENERAL- The Comptroller General 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 design 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 payments containing agreements 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, and 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 TO COMPLY WITH AGREEMENTS.

    ‘(a) REPAYMENT OF PAYMENTS-

      ‘(1) The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 521 that the Secretary determines were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 529.

      ‘(2) If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 521.

    ‘(b) WITHHOLDING OF PAYMENTS-

      ‘(1) The Secretary may, subject to subsection (c), withhold payments due under section 521 if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 529.

      ‘(2) The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that 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 agreements referred to in such paragraph.

    ‘(c) OPPORTUNITY FOR HEARING- Before requiring repayment of payments under subsection (a)(1), or withholding payments under subsection (b)(1), the Secretary shall provide to the State an opportunity for a hearing.

    ‘(d) RULE OF CONSTRUCTION- Notwithstanding any other provision 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 payments 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 applying 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 benefits 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-

      ‘(1) REFERRALS TO ATTORNEY GENERAL AFTER NOTICE- Whenever 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 (a)(1), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), 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 days, the chief executive officer fails or refuses to secure compliance, the Secretary may--

        ‘(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;

        ‘(B) exercise the powers and functions provided by the Age Discrimination Act of 1975, section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments 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 General pursuant to paragraph (1)(A), or whenever the Attorney General has reason to believe that a State or an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) or in violation of subsection (a)(2), 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 injunctive relief.

‘SEC. 534. DEFINITIONS.

    ‘For purposes of this part:

      ‘(1) ELIGIBLE HOMELESS INDIVIDUAL- The term ‘eligible homeless 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 Columbia, 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 ALLOTMENTS-

      ‘(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 subsection, make grants to the States for providing to eligible homeless individuals the services specified in section 522(b).

      ‘(2) RULE OF CONSTRUCTION- Paragraph (1) may not be construed to require the Secretary to make a grant under such paragraph to each State.’.

Subtitle C--Authorization of Appropriations for Community Demonstration Projects

SEC. 521. MENTAL HEALTH SERVICES FOR HOMELESS INDIVIDUALS WITH CHRONIC MENTAL ILLNESS.

    (a) IN GENERAL- The first sentence of section 612(a) of the Stewart 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 513(b) 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, COMMUNITY SERVICE, AND FAMILY SUPPORT

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 ELIGIBILITY-

      ‘(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 Training Partnership Act.’.

Subtitle A--Provisions Relating to Literacy and Education

SEC. 611. STATEWIDE LITERACY INITIATIVE.

    (a) REAUTHORIZATION- Section 702(c)(1) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421(c)(1)) is amended by 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,’.

    (b) APPLICATION- Section 702(b) of such Act is amended by striking out ‘and the number’ and all that follows through ‘to be served’.

SEC. 612. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

    (a) STATEMENT OF POLICY- Section 721 of the Stewart B. McKinney 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.’.

    (b) 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 Secretary shall reserve 0.1 percent of the amount appropriated for each fiscal year to be allocated by the Secretary among 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 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 Secretary 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:

      ‘(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 semicolon; and

        (E) by adding at the end thereof the following new paragraphs:

      ‘(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 (d)(1)--

        (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 sampling 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 (d)(3)--

        (A) by striking ‘of each year’ and inserting ‘, 1991, and 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, runaway and homeless youth centers, and transitional living programs 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 (e)(1)--

        (A) by striking ‘and’ at the end of subparagraph (A);

        (B)(i) 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 subparagraphs:

      ‘(C) develop programs for school personnel (including principals, 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 relevant 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 participation 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 (d)(3);

      ‘(G) address problems with respect to the education of homeless children and homeless youths, including problems caused by--

        ‘(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 agencies 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 educational agencies within the State will adopt policies and practices 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:

    ‘(3)(A) The 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.

    ‘(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 permanently 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 providing 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 educational 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 children 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).

    ‘(3)(A) 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 (c)(6).

    ‘(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 carrying 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. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH.

    ‘(a) GENERAL AUTHORITY-

      ‘(1) GRANTEES AND PURPOSE OF GRANTS- The State educational agency shall, in accordance with section 722(c)(6) 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 services 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 maximum 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 education services to homeless children or homeless youths.

      ‘(2) RELATED ACTIVITIES- 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 programs, special education programs, programs for students with limited English proficiency, and remedial services);

        ‘(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 children 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(e)(5) and not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 722(e)(3);

        ‘(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 educational activities;

        ‘(G) where necessary, the payment 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 homeless youths;

        ‘(J) the provision of counseling, social work and psychological 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 personnel of the specific educational needs of runaway and homeless youths;

        ‘(M) the adaptation of space and the purchase of supplies for nonschool facilities made available under subsection (a)(2) 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 emergency assistance determined by the Secretary as essential to enable homeless children and youth to attend school.

      ‘(3) ELIGIBILITY- 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-

      ‘(1) BASIS- Except as provided in section 722(g)(3)(B), 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 an 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 coordination 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 education for all homeless children and youth in its jurisdiction; and

        ‘(D) other criteria as the agency determines appropriate.

    ‘(d) APPLICATION-

      ‘(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 programs for which assistance is sought and the problems sought to be addressed through the provision of such services and programs;

        ‘(B) assurances that the applicant complies with or will use requested funds to come into compliance with paragraphs (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 children 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(c)(4), 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

      ‘(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 paragraphs:

    ‘(2)(A) The Secretary, in consultation with persons and organizations 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 representatives of State coordinators, local educational agencies with substantial 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 identifying, locating, and counting homeless children and youth;

      ‘(iii) appropriate methodologies for identifying, locating, and counting such children and youth, including using schools, shelters, 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 methodology;

    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.

    ‘(C)(i) Not later than 240 days after the date of enactment of this paragraph, the Secretary shall prepare and submit, to the appropriate committees of Congress, 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 than December 1, 1992, the Secretary, in consultation 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 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 assistance to the State educational agencies as is required by such agencies to carry out their responsibilities under this subtitle,’; and

      (4) by adding at the end thereof the following new paragraphs:

    ‘(5) The 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 expiration 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

      (2) by inserting after section 724 the following new section:

‘SEC. 725. REPORTS.

    ‘Not later than 2 years after the date of enactment of this subsection, the Comptroller General of the United States, in consultation with the Secretary, shall prepare and submit to the appropriate Committees of Congress a report containing the findings of a study conducted to determine the most effective method of distributing 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 STEWART 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 applicant’;

        (B) in subsection (a)(2), by inserting before the semicolon the following: ‘or other related programs providing services necessary to address the multiple needs of homeless individuals’;

        (C) in subsection (a)(3), by inserting ‘on the street or’ before ‘in-shelter’; and

        (D) by adding at the end thereof the following new subsection:

    ‘(b) 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) HOLISTIC SERVICE APPROACH- In awarding grants under this subtitle, the Secretary of Labor may give special consideration 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 individual 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:

‘JOB CORPS CENTERS FOR HOMELESS FAMILIES

    ‘SEC. 433A. (a) Subject to the availability of appropriations therefor, 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 State or local agencies that complies with subsection (b) of this section;

      ‘(3) provide room and board for enrollees and their dependents and child care to the extent practicable for dependent children of enrollees; and

      ‘(4) provide enrollees--

        ‘(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 enrollee 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 enrollees and their families are effectively assisted in obtaining all necessary health, education, and social services provided by existing Federal, 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 enrollees; and

      ‘(4) contains or is accompanied by such other information and assurances as the Secretary may require.

    ‘(c) To become an enrollee in the Job Corps 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 enrollees for purposes of this section.

    ‘(e) The Secretary shall, pursuant to section 454, conduct evaluations of the centers providing services and facilities to homeless individuals under this section. The Secretary shall submit to the Congress 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 children.’.

Subtitle C--Emergency Community Services Homeless Grant Program

SEC. 631. EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM.

    (a) USE OF FUNDS FOR ADMINISTRATIVE COSTS- Section 753(b) 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 percent’; and

          (ii) by striking ‘(1)(A)’ and inserting ‘(1)’;

        (B) by striking subparagraph (B); and

        (C) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and

      (2) in paragraph (3) by striking ‘no amount’ and inserting ‘not more than 5 percent of the amounts’.

    (b) ELIGIBLE 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 homeless children and 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 Stewart 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

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 individuals under programs administered by the Secretary of Health and Human Services under this or any other Act, and of the effectiveness 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 ACTIVITIES- 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 organizations, 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, comprehensive services that result in service delivery models which prevent 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.

    ‘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 entities 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. 651. 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:

‘Subtitle F--Family Support Centers

‘SEC. 771. DEFINITIONS.

    ‘As used in this subtitle:

      ‘(1) ADVISORY COUNCIL- The term ‘advisory council’ means the advisory council established under section 772(e)(2)(K).

      ‘(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 Economic Opportunity Act of 1984 (42 U.S.C. 2790), public housing agencies as defined in section 3(b)(6) of the United States Housing Act of 1937, State Housing Finance Agencies, local education agencies, an institution of higher education, a public hospital, a community development 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 managers’ means advisers operating under the provisions of section 774.

      ‘(4) GOVERNMENTALLY SUBSIDIZED HOUSING- The term ‘governmentally subsidized housing’ means any rental housing that is assisted under any Federal, State or local program (including a tax credit or tax exempt financing program) 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 and children and that shall include, where appropriate 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 targeted 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 case 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 appropriate, substance abuse education, counseling, referral for treatment, crisis intervention, employment counseling and training as appropriate, life-skills training including personal financial counseling, education including basic skills 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 managers, needs assessment and support in accessing and maintaining appropriate public assistance and social services, referral for substance abuse counseling and treatment, counseling and crisis intervention, family advocacy services, and housing assistance activities, housing counseling and eviction or foreclosure prevention assistance and referral to sources of emergency rental or mortgage 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 ceilings 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.

    ‘(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 encourage 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 homeless and who are currently residing in governmentally subsidized housing or who are at risk of becoming homeless. Such grants 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 ELIGIBLE ENTITIES- The Secretary shall enter into contracts, agreements, or other arrangements with eligible entities to carry out the provisions of this section.

    ‘(d) CONSIDERATIONS BY SECRETARY- In carrying out the provisions of this section, the Secretary shall consider--

      ‘(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 integrate 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 services;

      ‘(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, coordinate, 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 containing or accompanied by such information, including the information required under paragraph (2), as the Secretary shall reasonably require.

      ‘(2) APPLICATION- Each application submitted under paragraph (1)(C) 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 comprehensive 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 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 and local agencies providing assistance to homeless families, or providing health, nutritional, job training, education, housing and energy assistance, and income maintenance 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, types 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 service providers;

          ‘(vi) representatives of local law enforcement agencies;

          ‘(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 reasonably 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 financial 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 supplement not supplant Federal, 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.

      ‘(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.

‘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.

‘SEC. 774. FAMILY CASE MANAGERS.

    ‘(a) REQUIREMENT- Each entity that receives a grant under section 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 managers for the program.

    ‘(b) 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 formulate 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 carrying 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 as to permit such manager to effectively manage the delivery of comprehensive services to those families assigned to such manager.

‘SEC. 775. GATEWAY PROGRAMS.

    ‘(a) IN GENERAL- The Secretary shall use amounts made available in accordance with section 772(b) to make not more than 5 demonstration grants to local education agencies who, in consultation with the local public housing authority and private industry council, agree to provide on-site education, training and necessary support services to economically disadvantaged residents of public housing.

    ‘(b) SELECTION OF GRANT RECIPIENTS- The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall select a local education agency to receive a grant under subsection (a) if such agency has cooperated with the local public housing authority in order to meet the following requirements:

      ‘(1) The local education agency shall demonstrate to the Secretary that training and ancillary support services will be 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 and 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 available.

    ‘(c) INDIVIDUALS ELIGIBLE FOR SERVICES- Local education agencies 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 basic skills deficiency including not having a high school diploma, 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 receives a grant under this section shall establish a Gateway program to provide--

      ‘(1) outreach and information services designed to make eligible individuals aware of available services;

      ‘(2) literacy and bilingual education services, where appropriate;

      ‘(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 individuals during those times, including afternoons and evenings, 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.

    ‘(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 employment-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 employment;

      ‘(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 independent 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(e)(2) in--

      ‘(1) enhancing the living conditions in low income housing and in neighborhoods;

      ‘(2) improving the physical, social and educational development 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 employment 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 evaluators 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 Committee on Education and 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 programs, including identifying the geographic and demographic 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 type 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 subtitle, $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 children into out-of-home care, or delays the reunification of such children with their parents; and

      (2) strong coordination between child welfare agencies 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.

    (b) 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 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.

    ‘(a) ESTABLISHMENT OF PROGRAM- The Secretary may make grants to entities described in subsection (b)(1) for the purpose of assisting such entities in demonstrating, with respect to children 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 regarding the availability 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 referred to in paragraph (1) are geographic areas in which homelessness and other housing problems are--

        ‘(A) threatening the well-being of children; and

        ‘(B)(i) 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 circumstances of providing their own support without adequate living arrangements.

      ‘(3) COOPERATION WITH APPROPRIATE PUBLIC AND PRIVATE ENTITIES- 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 carrying 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 CONTRIBUTION- 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.

‘SEC. 302. PROVISIONS WITH RESPECT TO CARRYING OUT PURPOSE OF 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 establish, with respect to the subjects described in paragraph (2), a program for joint training concerning such subjects, for appropriate personnel of child welfare agencies, public housing agencies, and appropriate public and private entities that provide services to homeless families.

      ‘(2) SPECIFICATION OF TRAINING SUBJECTS- The subjects referred 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 respite 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.

    ‘(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

      ‘(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 programs supported under section 301(a) in--

      ‘(1) strengthening coordination between child welfare agencies, 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 families; 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 LIST- 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 services, 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 LIST- 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 appropriated 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.

      ‘(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 effectiveness 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 localities in which activities are conducted;

        ‘(B) information describing the specific activities undertaken with grant funds and, where relevant, the numbers of families and children assisted by such activities;

        ‘(C) information concerning the nature of the joint training 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 supported 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 discharge of such youths from such care into circumstances 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 description of the purposes for which the agency intends to expend the grant;

      ‘(2) with respect to the entities with which the agency 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(a)(2).

‘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 manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title.

‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ‘(a) IN GENERAL- For the purpose of carrying out this title, there are authorized to be appropriated $12,500,000 for fiscal year 1992.

    ‘(b) AVAILABILITY OF APPROPRIATIONS- Amounts appropriated under subsection (a) shall 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 III--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 carrying out purpose of demonstration grants.

      ‘Sec. 303. Additional 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 appropriated 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.’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.