TABLE OF CONTENTS:
Title I: Homeless Assistance Performance Fund
Title II: Management Improvements: Home and Hope for
Homeownership of Single Family Homes Programs
Homelessness Assistance and Management Reform Act of 1997 - Title I: Homeless Assistance Performance Fund - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to make grants for eligible projects to assist homeless individuals and families in support of continuum of care systems. Authorizes appropriations. Sets forth related program provisions.
Title II: Management Improvements; Home and Hope for Homeownership of Single Family Homes Programs - Amends the Cranston-Gonzalez National Affordable Housing Act with respect to the HOME investment partnership and HOPE for home ownership of single family homes programs.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2307 Introduced in House (IH)]
1st Session
H. R. 2307
To facilitate the effective and efficient management of the homeless
assistance programs of the Department of Housing and Urban Development,
including the merger of such programs into one performance fund, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 1997
Mr. Kennedy of Massachusetts (by request) introduced the following
bill; which was referred to the Committee on Banking and Financial
Services
_______________________________________________________________________
A BILL
To facilitate the effective and efficient management of the homeless
assistance programs of the Department of Housing and Urban Development,
including the merger of such programs into one performance fund, 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 ``Homelessness
Assistance and Management Reform Act of 1997''.
(b) Table of Contents.
Sec. 1. Short title and table of contents.
TITLE I--HOMELESS ASSISTANCE PERFORMANCE FUND
Sec. 2. Findings and purposes.
Sec. 3. Establishment of the homeless assistance performance fund.
Sec. 4. Repeal and savings provisions.
Sec. 5. Implementation.
Sec. 6. Report.
Sec. 7. Conforming changes to table of contents.
TITLE II--MANAGEMENT IMPROVEMENTS: HOME AND HOPE FOR HOMEOWNERSHIP OF
SINGLE FAMILY HOMES PROGRAMS
Sec. 11. Determination of low-income eligibility for HOME homeownership
assistance.
Sec. 12. Stabilization of HOME funding thresholds and revision of
timing requirements for notifications and
submissions.
Sec. 13. Determination of HOME match on program year basis.
Sec. 14. Tenant and participant protections under the HOME program.
Sec. 15. Eligibility of private property under the HOPE for
homeownership of single family homes
program.
TITLE I--HOMELESS ASSISTANCE PERFORMANCE FUND
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) more Americans are homeless than at any time since the
Great Depression;
(2) the homeless population across the Nation is diverse
and its characteristics differ by locality, thereby placing
localities in the best position to determine the homeless needs
for their communities;
(3) the different needs within the homeless population call
for a continuum of care system which encompasses the need for
outreach and assessment, emergency assistance, transitional
housing and services (where needed), and permanent housing or
permanent supportive housing to help homeless individuals
become more self-sufficient; and
(4) the separate Federal programs designed to solve
specific homeless problems have different distribution
mechanisms, rules, and reporting requirements that--
(A) exceed the resources available to the
Secretary, States and local governments, and nonprofit
homeless providers;
(B) restrict the flexibility of communities to
fashion comprehensive homeless assistance systems that
meet the needs of homeless individuals in their areas;
(C) result in unpredictable funding streams that
hinder the ability of communities and service providers
to plan, develop, and implement comprehensive systems
to assist homeless individuals and families; and
(D) impede the integration and coordination of
Federal, State, and local government and private for-
profit resources available within a community.
(b) Purposes.--The purposes of this title are to facilitate the
effective and efficient management of HUD's homeless assistance
programs by--
(1) reducing and preventing homelessness by supporting the
creation and maintenance of community-based, comprehensive
systems dedicated to returning families and individuals to
self-sufficiency;
(2) reorganizing the homeless housing assistance
authorities under the Stewart B. McKinney Homeless Assistance
Act into a Homeless Assistance Performance Fund;
(3) assisting States and local governments, in partnership
with private nonprofit service providers, to use homeless
funding more efficiently and effectively;
(4) simplifying and making more flexible the provision of
Federal homeless assistance;
(5) maximizing a community's ability to implement a
coordinated, comprehensive system for providing assistance to
homeless families and individuals;
(6) making more efficient and equitable the manner in which
the Secretary distributes homeless assistance;
(7) reducing the Federal role in local decisionmaking for
homeless assistance programs;
(8) reducing the costs to governmental jurisdictions and
private nonprofit organizations in applying for and using
assistance; and
(9) advancing the goal of meeting the needs of the homeless
population through mainstream programs and establishing
continuum of care systems necessary to achieve that goal.
SEC. 3. ESTABLISHMENT OF THE HOMELESS ASSISTANCE PERFORMANCE FUND.
Title IV of the Stewart B. McKinney Homeless Assistance Act is
amended by striking the title heading and all that follows through the
end of the title and inserting the following:
``TITLE IV--HOMELESS ASSISTANCE PERFORMANCE FUND
``SEC. 401. DEFINITIONS.
For purposes of this title the following definitions shall apply--
``(1) Allocation unit of general local government.--
``(A) In general.--The term `allocation unit of
general local government' means a metropolitan city or
an urban county.
``(B) Consortia.--The term `allocation unit of
general local government' may include a consortium of
geographically contiguous metropolitan cities and urban
counties, if the Secretary determines that the
consortium--
``(i) has sufficient authority and
administrative capability to carry out the
purposes of this title on behalf of its member
jurisdictions; and
``(ii) will, according to a written
certification by the State (or States, if the
consortium includes jurisdictions in more than
one State), direct its activities to the
implementation of a continuum of care system
within the State or States.
``(2) Applicant.--The term `applicant' means a grantee
submitting an application under section 403.
``(3) Consolidated plan.--The term `consolidated plan'
means the single comprehensive plan that the Secretary
prescribes for submission by jurisdictions that consolidates
and fulfills the requirements of--
``(A) the comprehensive housing affordability
strategy under title I of the Cranston-Gonzalez
National Affordable Housing Act;
``(B) the community development plan under section
104 of the Housing and Community Development Act of
1974; and
``(C) the submission requirements for formula
funding under--
``(i) the Community Development Block Grant
program (authorized by title I of the Housing
and Community Development Act of 1974);
``(ii) the HOME program (authorized by
title II of the Cranston-Gonzalez National
Affordable Housing Act);
``(iii) the Homeless Assistance Performance
Fund (authorized under this title); and
``(iv) the AIDS Housing Opportunity Act
(authorized by subtitle D of title VIII of the
Cranston-Gonzalez National Affordable Housing
Act).
A jurisdiction's consolidated plan shall be coordinated and
consistent with a public housing agency's five-year
comprehensive plan, if any, required under section 14(e) of the
United States Housing Act of 1937.
``(4) Continuum of care system.--A `continuum of care
system' is a system developed by a local or State homeless
assistance board. The system shall include--
``(A) a system of outreach and assessment,
including drop-in centers, 24-hour hotlines,
counselors, and other activities designed to engage
homeless individuals and families, bring them into the
continuum of care system, and determine their
individual housing and service needs;
``(B) emergency shelters with essential services to
ensure that homeless individuals and families receive
shelter;
``(C) transitional housing with appropriate
supportive services to help ensure that homeless
individuals and families are prepared to make the
transition to increased responsibility and permanent
housing;
``(D) permanent housing, or permanent supportive
housing, to help meet the long-term housing needs of
homeless individuals and families;
``(E) coordination between assistance provided
under this title and assistance provided under other
Federal, State, and local programs that may be used to
assist homeless individuals and families, including
both targeted homeless assistance programs and other
programs administered by the Departments of Veterans
Affairs, Labor, Health and Human Services, and
Education; and
``(F) a system of referrals for subpopulations of
the homeless (such as homeless veterans, families with
children, battered spouses, persons with mental
illness, persons who have chronic problems with
alcohol, drugs, or both, persons with other chronic
health problems, and persons who have acquired
immunodeficiency syndrome and related diseases) to the
appropriate agencies, programs, or services (including
health care, job training, and income support)
necessary to meet their needs.
``(5) Grantee.--The term `grantee' means--
``(A) an allocation unit of general local
government or insular area that administers a grant
under section 408(b)(1);
``(B) an allocation unit of general local
government or insular area that designates a public
agency or a private nonprofit organization (or a
combination of such organizations) to administer grant
amounts under section 408(b)(2);
``(C) a State or a private nonprofit organization
designated by the Secretary to administer grant amounts
under section 408(b)(3)(A);
``(D) a private nonprofit organization receiving
grant amounts distributed by the Secretary under
section 408(b)(3)(B);
``(E) a State administering a grant under section
408(c)(1)(A);
``(F) a unit of general local government receiving
a grant from the Secretary under section 408(c)(4)(A);
``(G) a public agency or private nonprofit
organization (or a combination of such organizations)
designated by a unit of general local government to
administer a grant from the Secretary under section
408(c)(4)(B); or
``(H) a private nonprofit organization receiving a
grant from the Secretary under section 408(c)(4)(C).
``(6) Homeless individual.--The term `homeless individual'
has the same meaning as in section 103 of this Act.
``(7) Insular area.--The term `insular area' means the
Virgin Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``(8) Local homeless assistance board.--The term `local
homeless assistance board' means the board established for
applicants and grantees under section 409(c) or 409(e).
``(9) Low-demand services and referrals.--The term `low-
demand services and referrals' means the provision of health
care, mental health, substance abuse, and other supportive
services and referrals for services in a non-coercive manner,
which may include medication management, education, counseling,
job training, and assistance in obtaining entitlement benefits
and in obtaining other supportive services, including mental
health and substance abuse treatment.
``(10) Metropolitan city.--The term `metropolitan city' has
the same meaning as in section 102(a) of the Housing and
Community Development Act of 1974.
``(11) Person with disabilities.--The term `person with
disabilities' means a person who--
``(A) has a disability as defined in section 223 of
the Social Security Act;
``(B) is determined to have, as determined by the
Secretary, a physical, mental, or emotional impairment
which--
``(i) is expected to be of long-continued
and indefinite duration;
``(ii) substantially impedes his or her
ability to live independently; and
``(iii) is of such a nature that such
ability could be improved by more suitable
housing conditions;
``(C) has a developmental disability, as defined in
section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act; or
``(D) has the disease of acquired immunodeficiency
syndrome or any conditions arising from the etiologic
agent for acquired immunodeficiency syndrome.
Subparagraph (D) shall not be construed to limit eligibility under
subparagraphs (A) through (C) or the provisions referred to in
subparagraphs (A) through (C).
``(12) Private nonprofit organization.--The term `private
nonprofit organization' means a private organization--
``(A) no part of the net earnings of which inures
to benefits 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.
``(13) Project sponsor.--The term `project sponsor' means
an entity that--
``(A) provides housing or assistance for homeless
individuals or families by carrying out activities
under this title; and
``(B) meets such minimum standards as the Secretary
considers appropriate.
``(14) Recipient.--The term `recipient' means a grantee
(other than a State when it is distributing grant amounts to
State recipients) and a State recipient.
``(15) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(16) State.--The term `State' means each of the several
States and the Commonwealth of Puerto Rico. The term includes
an agency or instrumentality of a State that is established
pursuant to legislation and designated by the chief executive
officer to act on behalf of the jurisdiction with regard to
provisions of this title.
``(17) State homeless assistance board.--The term `State
homeless assistance board' means the board established for the
State under section 409(d)(1).
``(18) State recipient.--The term `State recipient' means
the following entities receiving amounts from the State under
section 408(c)(2)(B)--
``(A) a unit of general local government within the
State (other than an allocation unit of general local
government); and
``(B) in the case of an area of the State with
significant homeless needs where no State recipient is
identified, one or more private nonprofit organizations
serving that area.
``(19) Unit of general local government.--The term `unit of
general local government' means--
``(A) a city, town, township, county, parish,
village, or other general purpose political subdivision
of a State;
``(B) the District of Columbia; and
``(C) any agency or instrumentality thereof that is
established pursuant to legislation and designated by
the chief executive officer to act on behalf of the
jurisdiction with regard to provisions of this title.
``(20) Urban county.--The term `urban county' has the same
meaning as in section 102(a) of the Housing and Community
Development Act of 1974.
``(21) Very low-income families.--The term `very low-income
families' has the same meaning as in section 104 of the
Cranston-Gonzalez National Affordable Housing Act.
``SEC. 402. AUTHORIZATIONS.
``(a) In General.--The Secretary may make grants to carry out
activities to assist homeless individuals and families in support of
continuum of care systems, in accordance with this title.
``(b) Funding Amounts.--There are authorized to be appropriated to
carry out this title $823,000,000 for fiscal year 1998 and such sums as
may be necessary for each of fiscal years 1999, 2000, 2001, and 2002.
Any amounts appropriated shall remain available until expended.
``SEC. 403. APPLICATION.
``(a) In General.--Each applicant shall submit the application
required under this section in such form and in accordance with such
procedures as the Secretary shall prescribe.
Where the applicant is a State or unit of general local government, the
application shall be submitted as part of the homeless assistance
component of the consolidated plan (which component, in the case of a
State, shall not include allocation units of general local government).
``(b) Continuum of Care Submission.--
``(1) In general.--The local homeless assistance board or
the State homeless assistance board shall prepare, and submit
to the applicant for approval, those portions of the
application related to the development and implementation of
the continuum of care system, as described in paragraph (2) or
(3), as applicable.
``(2) Submission by local homeless assistance board.--The
local homeless assistance board shall develop and submit to the
applicant for approval--
``(A) a Continuum of Care system consistent with
that defined under section 401(4). This system shall be
designed to incorporate any strengths and fill any gaps
in the jurisdiction's current homeless assistance
activities, and shall include a description of efforts
to address the problems faced by each of the different
subpopulations of homeless individuals;
``(B) a multi-year strategy for implementing the
Continuum of Care system, including appropriate
timetables and budget estimates for accomplishing each
element of the strategy;
``(C) a 1-year plan, identifying all activities to
be carried out with assistance under this title and
with assistance from other HUD resources allocated in
accordance with the consolidated plan, and describing
how these activities will further the strategy; and
``(D) any specific performance measures and
benchmarks for use in assessing the performance of the
grantee under this title that are in addition to
national performance measures and benchmarks
established by the Secretary.
``(3) Submission by state homeless assistance board.--The
State homeless assistance board shall develop and submit to the
applicant for approval--
``(A) a Continuum of Care system consistent with
that defined under section 401(4). This system shall be
designed to incorporate any strengths and fill any gaps
in the jurisdiction's current homeless assistance
activities, and shall include a description of efforts
to address the problems faced by each of the different
subpopulations of homeless individuals;
``(B) a multi-year strategy for implementing the
continuum of care systems in areas of the State outside
allocation units of general local government, including
the actions the State will take to achieve the goals
set out in the strategy;
``(C) a 1-year plan identifying--
``(i) in the case of a State carrying out
its own activities under section 408(c)(2)(A),
the activities to be carried out with
assistance under this title and describing how
these activities will further the strategy; and
``(ii) in the case of a State distributing
grant amounts to State recipients under section
408(c)(2)(B), the criteria that the State will
use in distributing amounts awarded under this
title, the method of distribution, and the
relationship of the method of distribution to
the homeless assistance strategy; and
``(D) any specific performance measures and
benchmarks for use in assessing the performance of the
grantee under this title that are in addition to
national performance measures and benchmarks
established by the Secretary.
``(c) Continuum of Care Approval.--The applicant shall review the
continuum of care submission to determine if it is consistent with the
homeless needs assessment and the inventory of homeless facilities
portions of the consolidated plan. The applicant may alter the
submission where it is inconsistent, but shall give the State or local
homeless assistance board an opportunity to comment on any proposed
alterations, and shall include in the application sufficient
justification for any alterations and any comments of the homeless
assistance board on the alterations.
``(d) Submission Requirements for Applicants Other Than States.--
Each application from an applicant other than a State shall contain at
a minimum--
``(1) the continuum of care submission described in
subsection (b)(2), and, if applicable, any alterations,
justifications, and comments under subsection (c);
``(2) a determination on whether the assistance under this
title will be administered by the jurisdiction, a public agency
or private nonprofit organization, or the State, as appropriate
under subsections (b) and (c) of section 408;
``(3) certifications or other such forms of proof of
commitments of financial and other resources sufficient to
comply with the match requirements under section 405(c)(1);
``(4) a certification that the applicant is following a
current approved consolidated plan;
``(5) a certification that the grant will be conducted and
administered in conformity with title VI of the Civil Rights
Act of 1964, section 504 of the Rehabilitation Act of 1973, and
the Fair Housing Act, and the grantee will affirmatively
further fair housing; and
``(6) a certification that the applicant will comply with
the requirements of this title and other applicable laws.
``(e) Submission Requirements for States.--Each application from a
State shall contain--
``(1) the continuum of care submission described in
subsection (b)(3) and, if applicable, any alterations,
justifications, and comments under subsection (c);
``(2) certifications or other such forms of proof of
commitments of financial and other resources sufficient to
comply with the match requirements under section 405(c)(1);
``(3) a certification that the applicant is following a
current approved consolidated plan;
``(4) a certification that the grant will be conducted and
administered in conformity with title VI of the Civil Rights
Act of 1964, section 504 of the Rehabilitation Act of 1973, and
the Fair Housing Act, and the grantee will affirmatively
further fair housing; and
``(5) a certification that the State and State recipients
will comply with the requirements of this title and other
applicable laws.
``(f) Application Approval.--The application shall be approved by
the Secretary unless the Secretary determines that the application is
substantially incomplete, or determines, under section 409(c)(5) or
409(d)(1)(B), that the process for constituting or operating the local
or State homeless assistance board is unfair.
``SEC. 404. ELIGIBLE PROJECTS AND ACTIVITIES.
``(a) Eligible Projects.--Grants under this title may be used to
carry out activities described in subsection (b) in support of the
following types of projects--
``(1) Emergency assistance.--Assistance designed to prevent
homelessness or to meet the emergency needs of homeless
individuals and families, including one or more of the
following--
``(A) Prevention.--Efforts to prevent homelessness
of a very low-income individual or family that has
received an eviction notice, notice of mortgage
foreclosure, or notice of termination of utilities,
if--
``(i) the individual or family cannot make
the required payments due to a sudden reduction
in income or other financial emergency; and
``(ii) the assistance is necessary to avoid
imminent eviction, foreclosure, or termination
of services.
``(B) Outreach and assessment.--Efforts designed to
inform individuals and families about the availability
of services, to bring them into the continuum of care
system, and to determine which services or housing are
appropriate to the needs of the individual or family.
``(C) Emergency shelter.--The provision of short-
term emergency shelter with essential supportive
services for homeless individuals and families.
``(2) Safe haven housing.--A structure or a clearly
identifiable portion of a structure that--
``(A) provides housing and low-demand services and
referrals for homeless individuals with serious mental
illness--
``(i) who are currently residing primarily
in places not designed for, or ordinarily used
as, a regular sleeping accommodation for human
beings; and
``(ii) who have been unwilling or unable to
participate in mental health or substance abuse
treatment programs or to receive other
supportive services; except that a person whose
sole impairment is substance abuse shall not be
considered an eligible person;
``(B) provides 24-hour residence for eligible
individuals who may reside for an unspecified duration;
``(C) provides private or semi-private
accommodations;
``(D) may provide for the common use of kitchen
facilities, dining rooms, and bathrooms;
``(E) may provide supportive services to eligible
persons who are not residents on a drop-in basis; and
``(F) provides occupancy limited to no more than 25
persons.
``(3) Transitional housing.--Housing and appropriate
supportive services that are designed to facilitate the
movement of homeless individuals to permanent housing,
generally within 24 months.
``(4) Permanent housing and permanent housing and
supportive services for persons with disabilities.--Permanent
housing for homeless individuals, and permanent housing and
supportive services for homeless persons with disabilities, the
latter of which may be designed to provide housing and services
solely for persons with disabilities, or may provide housing
for such persons in a multifamily housing, condominium, or
cooperative project.
``(5) Single room occupancy housing.--A unit for occupancy
by one person, which need not (but may) contain food
preparation or sanitary facilities, or both, and may provide
services such as mental health services, substance abuse
treatment, job training, and employment programs.
``(6) Other projects.--Such other projects as the Secretary
determines will further the purposes of title I of the
Homelessness Assistance and Management Reform Act of 1997.
``(b) Eligible Activities.--Grants under this title may be used to
carry out the following activities in support of projects described in
subsection (a)--
``(1) Homelessness prevention activities.--Short-term
mortgage, rental, and utilities payments and other short-term
assistance designed to prevent the imminent homelessness of the
individuals and families described in subsection (a)(1)(A).
``(2) Outreach and assessment.--Drop-in centers, 24-hour
hotlines, counselors, and other activities designed to engage
homeless individuals and families, bring them into the
continuum of care system, and determine their individual
housing and service needs.
``(3) Acquisition and rehabilitation.--The acquisition,
rehabilitation, or acquisition and rehabilitation of real
property.
``(4) New construction.--The new construction of a project,
including the cost of the site.
``(5) Operating costs.--The costs of operating a project,
including salaries and benefits, maintenance, insurance,
utilities, replacement reserve accounts, and furnishings.
``(6) Leasing.--Leasing of an existing structure or
structures, or units within these structures, including the
provision of long-term rental assistance contracts.
``(7) Tenant assistance.--The provision of security or
utility deposits, rent or utility payments for the first month
of residence at a new location, and relocation assistance.
``(8) Supportive services.--The provision of essential
supportive services including, but not limited to, case
management, housing counseling, job training and placement,
primary health care, mental health services, substance abuse
treatment, child care, transportation, emergency food and
clothing, family violence services, education services, moving
services, assistance in obtaining entitlement benefits, and
referral to veterans services and referral to legal services.
``(9) Administration.--
``(A) In general.--Expenses incurred in--
``(i) planning, developing, and
establishing a program under this title;
``(ii) establishing, selecting, and
supporting the local homeless assistance board
or the State homeless assistance board; and
``(iii) administering the program.
``(B) Limitations.--Not more than the following
amounts may be used for administrative costs under
subparagraph (A)--
``(i) 10 percent of any grant amounts
provided for a recipient for a fiscal year
(including amounts used by a State to carry out
its own activities under section 408(c)(2)(A));
and
``(ii) 5 percent of any grant amounts
provided to a State for a fiscal year that the
State uses to distribute funds to a State
recipient under section 408(c)(2)(B).
``(10) Capacity building.
``(A) In general.--Building the capacity of private
nonprofit organizations to participate in the continuum
of care system of the recipient.
``(B) Limitations.--Not more than the following
amounts may be used for capacity building under
subparagraph (A)--
``(i) 2 percent of any grant amounts
provided for a recipient for a fiscal year
(including amounts used by a State to carry out
its own activities under section 408(c)(2)(A));
and
``(ii) 2 percent of any grant amounts
provided to a State for a fiscal year that the
State uses to distribute funds to a State
recipient under section 408(c)(2)(B).
``(11) Other activities.--Other activities as the Secretary
determines will further the purposes of title I of the
Homelessness Assistance and Management Reform Act of 1997.
``(c) Targeting to Subpopulations of Persons With Disabilities.--
Notwithstanding any other provision of law, projects for persons with
disabilities assisted under this title may be targeted to specific
subpopulations of such persons, including (but not limited to) persons
who--
``(1) are seriously mentally ill;
``(2) have chronic problems with drugs, alcohol, or both;
or
``(3) have acquired immunodeficiency syndrome or any
conditions arising from the etiologic agency for acquired
immunodeficiency syndrome.
``SEC. 405. MATCHING REQUIREMENT AND MAINTENANCE OF EFFORT.
``(a) Matching Requirement.--
``(1) In general.--Each recipient shall make contributions
totaling not less than 50 percent of the amounts made available
for the recipient for any fiscal year under this title to carry
out eligible activities. At the end of each program year, each
recipient shall certify to the Secretary that it has complied
with this section, and shall include with the certification a
description of the sources and amounts of the matching
contributions. Contributions under this section may not come
from assistance provided under this title.
``(2) Reduction in matching requirements.--
``(A) In general.--The Secretary shall reduce the
matching requirement under paragraph (1) during a
fiscal year by--
``(i) 50 percent for a jurisdiction that
certifies that it is in fiscal distress; and
``(ii) 100 percent for a jurisdiction that
certifies that it is in severe fiscal distress.
For purposes of clauses (i) and (ii), the jurisdiction shall make the
certification on behalf of a recipient that is not a governmental
jurisdiction.
``(B) Definitions.--For purposes of this
subsection--
``(i) the term ``fiscal distress'' means an
allocation unit of general local government,
insular area, or State recipient that is a
governmental jurisdiction that satisfies one of
the distress criteria set forth in subparagraph
(C); and
``(ii) the term ``severe fiscal distress''
means an allocation unit of general local
government, insular area, or State recipient
that is a governmental jurisdiction that
satisfies both of the distress criteria set
forth in subparagraph (C).
``(C) Distress criteria.--For an allocation unit of
general local government, an insular area, or a State
recipient that is a governmental jurisdiction
certifying that it is distressed, the following
criteria shall apply--
``(i) Poverty rate.--The average poverty
rate in the jurisdiction for the calendar year
immediately preceding the year in which its
fiscal year begins was equal to or greater than
125 percent of the average national poverty
rate during such calendar year (as determined
according to information of the Bureau of the
Census).
``(ii) Per capita income.--The average per
capita income in the jurisdiction for the
calendar year immediately preceding the year in
which its fiscal year begins was less than 75
percent of the average national per capita
income during such calendar year (as determined
according to information of the Bureau of the
Census).
``(D) States.--In the case of States carrying out
their own activities under section 408(c)(2)(A), the
Secretary shall reduce the matching requirement under
paragraph (1) as provided by the preceding
subparagraphs, except that the certification shall be
made with respect to the area, as determined by the
Secretary, in which the activities are to be carried
out.
``(E) Waiver in disaster areas.--If a recipient is
located in an area in which a declaration of a disaster
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act is in effect for any part of a
fiscal year, the Secretary may reduce the matching
requirement for that fiscal year under paragraph (1)
during that fiscal year by up to 100 percent.
``(3) Calculation of amounts.--In calculating the amount of
matching contributions required under paragraph (1), a
recipient may include--
``(A) any funds derived from a source, other than
assistance under this title or amounts subject to
subsection (b);
``(B) the value of any lease on a building; and
``(C) any salary paid to staff or any volunteer
labor contributed to carry out the program.
``(b) Limitation on Use of Funds.--No assistance received under
this title may be used to replace other funds previously used, or
designated for use, by the State, State recipient (except when a State
recipient is a private nonprofit organization), allocation unit of
general local government or insular area to assist homeless individuals
and families.
``SEC. 406. RESPONSIBILITIES OF RECIPIENTS, PROJECT SPONSORS, AND
OWNERS.
``(a) Use of Assistance Through Private Non-Profit Organizations.--
``(1) In general.--Each recipient shall ensure that at
least 50 percent of the grant amounts that are made available
to it under this title for any fiscal year are made available
to project sponsors that are private nonprofit organizations.
``(2) Waiver.--The Secretary may waive or reduce the
requirement of paragraph (1), if the recipient demonstrates to
the Secretary that the requirement interferes with the ability
of the recipient to provide assistance under this title because
of the paucity of qualified private non-profit organizations in
the jurisdiction of the recipient.
``(b) Housing Quality.--Each recipient shall ensure that housing
assisted with grant amounts provided under this title is decent, safe,
and sanitary and complies with all applicable State and local housing
codes, building codes, and licensing requirements in the jurisdiction
in which the housing is located.
``(c) Prevention of Undue Benefit.--The Secretary may prescribe
such terms and conditions as the Secretary considers necessary to
prevent project sponsors from unduly benefiting from the sale or other
disposition of projects, other than a sale or other disposition
resulting in the use of the project for the direct benefit of very low-
income families.
``(d) Confidentiality.--Each recipient shall develop and implement
procedures to ensure the confidentiality of records pertaining to any
individual provided services assisted under this title for family
violence prevention or treatment or for such medical or other
conditions as the Secretary may prescribe, and to ensure that the
address or location of any project providing such services will, except
with written authorization of the person or person responsible for the
operation of such project, not be made public.
``(e) Employment of Homeless Individuals.--
``(1) To the maximum extent practicable, the Secretary
shall ensure that recipients, through employment, volunteer
services, or otherwise, provide opportunities for homeless
individuals and families to participate in--
``(A) constructing, renovating, maintaining, and
operating facilities assisted under this title;
``(B) providing services so assisted; and
``(C) providing services for occupants of
facilities so assisted.
``(2) In carrying out paragraph (1), recipients shall not
displace employed workers.
``(f) Participation of Homeless Individuals.--The Secretary shall
provide that each recipient shall require each project sponsor
receiving assistance under this title from the recipient to provide for
the participation of not less than one homeless individual or formerly
homeless individual on the board of directors or other equivalent
policy making entity of the project sponsor, to the extent that such
entity considers and makes policies and decision regarding any project,
facility, services, or other activities assisted under this title. A
recipient may grant waivers to project sponsors unable to meet the
requirement under the preceding sentence, if the project sponsor agrees
to otherwise consult with homeless or formerly homeless individuals in
considering and making such policies and decisions.
``(g) Nondiscrimination Toward Certificate and Voucher Holders.--In
the case of multifamily rental housing assisted under this title
(except for such housing only receiving homeless prevention assistance
authorized under section 404(b)(1) of this title) that is receiving, or
(except for insurance referred to in paragraph (4)) has received within
two years before the effective date of this title, the benefit of
Federal assistance from an agency of the United States, the owner shall
not refuse to lease a reasonable number of units to families under the
tenant-based assistance program under section 8 of the United States
Housing Act of 1937 because of the status of the prospective tenants as
families under the program. The Secretary shall establish reasonable
time periods for applying the requirement of this subsection, taking
into account the total amount of the assistance and the relative share
of the assistance compared to the total cost of financing, developing,
rehabilitating, or otherwise assisting a project. Federal assistance
for purposes of this subsection shall mean--
(1) project-based assistance under the United States
Housing Act of 1937;
(2) assistance under title I of the Housing and Community
Development Act of 1974;
(3) assistance under title II of the Cranston-Gonzalez
National Affordable Housing Act;
(4) mortgage insurance under the National Housing Act;
(5) low-income housing tax credits under section 42 of the
Internal Revenue Code of 1986; and
(6) assistance under any other programs designated by the
Secretary.
``(h) Occupancy Charge.--Any homeless individual or family residing
in a dwelling unit assisted under this title may be required to pay an
occupancy charge in an amount determined by the grantee providing the
assistance, which may not exceed an amount equal to 30 percent of the
adjusted income (as such term is defined in section 3(b) of the United
States Housing Act of 1937 or any other subsequent provision of Federal
law defining such term for purposes of eligibility for, or rental
charges in, public housing) of the individual or family. Occupancy
charges paid may be reserved, in whole or in part, to assist residents
in moving to permanent housing.
``SEC. 407. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) Insular Areas.--
``(1) Allocation.--For each fiscal year, the Secretary
shall allocate assistance under this title to insular areas, in
an amount equal to 0.20 percent of the amounts appropriated
under the first sentence of section 402(b).
``(2) Distribution.--The Secretary shall provide for the
distribution of amounts reserved under paragraph (1) for
insular areas pursuant to specific criteria or a distribution
formula prescribed by the Secretary.
``(b) States and Allocation Units of General Local Government.--
``(1) In general.--For each fiscal year, of the amounts
appropriated under the first sentence of section 402(b) that
remain after amounts are reserved--
``(A) for insular areas under subsection (a), and
``(B) for technical assistance and other activities
under subsection (d),
the Secretary shall allocate assistance according to the
formula described in paragraph (2).
``(2) Formula.--
``(A) Allocation.--The Secretary shall allocate
amounts for allocation units of general local
government (including jurisdictions that received a
formula grant for fiscal year 1996 or 1997 under
subtitle B of this title, as it existed immediately
before the effective date of the Homelessness
Assistance and Management Reform Act of 1997) and
States, in a manner that ensures that the percentage of
the total amount available under this title for any
fiscal year for any allocation unit of general local
government or State is equal to the percentage of the
total amount available for section 106 of the Housing
and Community Development Act of 1974 for the same
fiscal year that is allocated for the allocation unit
of general local government or State.
``(B) Minimum allocation.--
``(i) Allocation units of general local
government.--If under subparagraph (A) for any
fiscal year, the allocation for any allocation
unit of general local government is less than
0.05 percent of the amounts appropriated under
the first sentence of section 402(b), such
allocation unit shall not receive a grant and
its allocation shall be added to the allocation
for the State in which such allocation unit is
located for use under section 408(c)(1), except
that any such allocation unit that received a
grant in a previous fiscal year (including a
jurisdiction that received a formula grant for
fiscal year 1996 or 1997 under subtitle B of
this title, as it existed immediately before
the effective date of the Homelessness
Assistance and Management Reform Act of 1997)
shall be allocated an amount equal to 0.05
percent of the amounts appropriated under the
first sentence of section 402(b).
``(ii) States.--If under subparagraph (A)
for any fiscal year, the allocation for any
State is less than 0.2 percent of the amounts
appropriated under the first sentence of
section 402(b), such State shall be allocated
an amount equal to 0.2 percent of such amounts.
``(C) Pro rata increases and decreases.--
``(i) Increase.--All amounts allocated
pursuant to the preceding subparagraphs for
allocation units of general local government
shall be increased on a pro rata basis until
the aggregate of such amounts equals 75 percent
of the remainder of amounts appropriated under
this title for each year, after amounts are
allocated for insular areas under subsection
(a) and for technical assistance and other
assistance under subsection (d).
``(ii) Decrease.--All amounts allocated
pursuant to the preceding subparagraphs for
States shall be decreased on a pro rata basis
until the aggregate of such amounts equals 25
percent of the remainder of amounts
appropriated under this title for each year,
after amounts are allocated for insular areas
under subsection (a) and for technical and
other assistance under subsection (d).
``(3) Minimum grant amount.--Notwithstanding paragraph (2),
an allocation unit of general local government shall receive no
less funding under this subsection in fiscal year 1998 than 75
percent of the average of the amounts awarded annually to that
jurisdiction for homeless assistance programs administered by
the Secretary under this title during fiscal years 1987 through
1996, no less than 50 percent in fiscal year 1999, and no less
than 25 percent in fiscal year 2000, but only if amounts
appropriated pursuant to the first sentence of section 402(b)
in each of fiscal years 1998, 1999, and 2000 exceed
$800,000,000. If such amounts do not exceed $800,000,000 in
fiscal year 1998, 1999, or 2000, the allocation unit of general
local government may receive its proportionate share of the
amounts appropriated which may be less than 75 percent of such
annual average amounts for fiscal year 1998, less than 50
percent for fiscal year 1999, and less than 25 percent for
fiscal year 2000 as determined by the Secretary.
``(4) Reduction.--Notwithstanding paragraphs (2) and (3),
in any fiscal year, the Secretary may provide a grant under
this title for a State or for an allocation unit of general
local government in an amount less than the amount allocated
under those paragraphs, if the Secretary determines, that
the jurisdiction has failed to comply with requirements of this title,
or that such action is otherwise appropriate.
``(c) Reallocations.--
``(1) Amounts not received.--Any amounts that a State or an
allocation unit of general local government is eligible to
receive under subsection (b) that are not received for use in
the jurisdiction, pursuant to subsection (b)(4), shall be added
to amounts available for allocation under subsection (b) of
this section for the succeeding fiscal year.
``(2) Use of amounts under this title.--
``(A) Authority for alternative use of amounts.--If
the Secretary determines that a State or an allocation
unit of general local government has made substantial
progress in reducing the number and meeting the needs
of homeless individuals, and is eligible to receive an
amount under subsection (b) that is in excess of the
amount required to meet the needs of homeless
individuals through activities under this title, the
Secretary shall reduce the amount under subsection (b)
accordingly, and add such excess amount to the amount
allocated for such jurisdiction under section 106 of
the Housing and Community Development Act of 1974 or
under section 217 of the HOME Investment Partnerships
Act, for use in meeting low-income housing needs. In
making the determinations required by the preceding
sentence, the Secretary shall consult with the State or
allocation unit of general local government and assess
the need for assistance under this Act, taking into
account such factors as the current number of homeless
individuals, the extent of their need, and the cost of
meeting such need. The Secretary shall make the initial
determination for amounts to be allocated in fiscal
year 2001 and at least every three years thereafter.
``(B) Authority to make transfers among
appropriation accounts.--The Secretary shall transfer
such amounts as are approved in accordance with this
paragraph among appropriation accounts, as appropriate.
``(d) Technical and Other Assistance and Management Information
Systems.--
``(1) Technical and other assistance.--From amounts
appropriated under the first sentence of section 402(b) for any
fiscal year, the Secretary may directly or indirectly by grant,
contract, or cooperative agreement use up to $25,000,000 for--
``(A) Technical assistance.--Technical assistance,
which may include training and the cost of necessary
travel for participants in such training, by or to
officials and employees of the Department of Housing
and Urban Development, applicants, grantees,
recipients, local and State homeless assistance boards,
State recipients, and private nonprofits to improve
their ability to carry out the provisions of this title
and to support the creation of continuum of care
systems.
``(B) Capacity building.--Assistance to private
nonprofit organizations to build their capacity in
support of continuum of care systems.
``(C) Resource identification.--Identification,
coordination, and development of resources and data for
homelessness, including determining the feasibility of
specific housing-related initiatives.
``(D) Program oversight.--Performance reviews and
audits under section 410(c), including the cost of
necessary travel.
``(2) Management information systems.--From amounts
appropriated under the first sentence of section 402(b) for any
fiscal year, the Secretary shall reserve 0.4 percent to
develop, implement, and refine management information systems
in order to establish a national database on local needs and
priorities and to provide grantees and others with software to
plan and track performance under this title.
``SEC. 408. ADMINISTRATION OF PROGRAM.
``(a) In General.--The Secretary shall prescribe such procedures
and requirements as the Secretary deems appropriate for administering
grant amounts under this title.
``(b) Allocation Units of General Local Government and Insular
Areas.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an allocation unit of general local government or insular
area shall administer grant amounts received under section
407(a) or (b) for any fiscal year.
``(2) Agencies and organizations designated by
jurisdiction.--
``(A) Designation of other entities to administer
grant amounts.--An allocation unit of general local
government or insular area may elect for any fiscal
year to designate a public agency or a private
nonprofit organization (or a collaboration of such
organizations) to administer grant amounts received
under section 407(a) or (b) instead of the
jurisdiction.
``(B) Provision of grant amounts.--The Secretary
may, at the request of a jurisdiction under
subparagraph (A), provide grant amounts directly to the
agency or organization designated under that
subparagraph.
``(3) Administration of grant by secretary or secretary's
designee.--If an allocation unit of general local government or
insular area, or (if appropriate) a public agency or private
nonprofit organization designated by the jurisdiction under
paragraph (2), does not receive a grant pursuant to section
407(b)(4) for any fiscal year, the Secretary shall--
``(A) designate the State or a local private
nonprofit organization to administer the grant amounts
instead of the jurisdiction; or
``(B) distribute the funds to private nonprofit
organizations to carry out activities within the
jurisdiction on the basis of a competition.
``(c) States.--
``(1) In general.--Each State shall elect either--
``(A) to administer grant amounts received under
section 407(b), as provided by paragraphs (2) and (3);
or
``(B) have the Secretary administer these amounts
instead of the State, as provided by paragraph (4).
If a State elects to administer grant amounts under
subparagraph (A), the election shall be permanent and final.
``(2) State program.--Of amounts referred to in paragraph
(1)(A), the State--
``(A) may use not more than 15 percent to carry out
its own homeless assistance program under this title;
and
``(B) shall distribute the remaining amounts to
State recipients.
Grants to States may only be used to carry out activities in
areas of the State outside allocation units of general local
government.
``(3) Distribution of amounts to state recipients.--
``(A) In general.--
``(i) States distributing amounts under
paragraph (2)(B) to State recipients that are
units of general local government shall, for
each fiscal year, afford each such recipient
the options of--
``(I) administering the grant
amounts on its own behalf;
``(II) designating (as provided by
subsection (b)(2)) a public agency or a
private nonprofit organization (or a
combination of such organizations) to
administer the grant amounts instead of
the jurisdiction; or
``(III) entering into an agreement
with the State, in consultation with
private nonprofit organizations
providing assistance to homeless
individuals and families in the
jurisdiction, under which the State
will administer the grant amounts
instead of the jurisdiction.
``(ii) A State recipient designating an
agency or organization as provided by clause
(i)(II), or entering into an agreement with the
State under clause (i)(III), shall remain the
State recipient for purposes of this title.
``(iii) The State may, at the request of
the State recipient, provide grant amounts
directly to the agency or organization
designated under clause (i)(II).
``(B) Application.--
``(i) The State shall distribute amounts to
State recipients (or to agencies or
organizations designated under subparagraph
(A)(i)(II), as appropriate) on the basis of an
application containing such information as the
State may prescribe, except that each
application shall reflect the State's
application requirements in section 403(d) and
evidence an intent to facilitate the
establishment of a continuum of care system
prepared by the State homeless assistance
board.
``(ii) The State may waive the requirements
in clause (i) with respect to one or more
proposed activities, where the State determines
that--
``(I) the activities are necessary
to meet the needs of homeless
individuals and families within the
jurisdiction; and
``(II) a continuum of care system
is not necessary, due to the nature and
extent of homelessness in the
jurisdiction.
``(C) Preference.--In selecting State recipients
and making awards under subparagraph (B), the State
shall give preference to applications that demonstrate
higher relative levels of homeless need and fiscal
distress.
``(4) HUD administration of state program.--
``(A) In general.--If a State elects to have the
Secretary administer its grant amounts under section
407, as provided by paragraph (1)(B), the Secretary may
retain up to 5 percent of such amounts to cover
administrative expenses, and distribute the remaining
amounts in areas of the State outside allocation units
of general local government to--
``(i) units of general local government
(other than allocation units of general local
government);
``(ii) public agencies or private nonprofit
organizations designated by such units of
general local government; or
``(iii) private nonprofit organizations.
``(B) Distribution of funds.--The Secretary shall
distribute amounts under this paragraph on a
competitive basis, using selection criteria which shall
include--
``(i) the extent to which there is a need
for assistance for homeless individuals and
families in the jurisdiction;
``(ii) the extent to which the proposed
activities further the establishment and
maintenance of a continuum of care system;
``(iii) the extent to which private
nonprofit organizations providing assistance to
homeless individuals and facilities in the
jurisdiction have been, and will be, included
in planning for the receipt of assistance under
this title, and the execution of the proposed
activities;
``(iv) the capacity of the entity applying
for a grant under this subsection to develop
and operate a project;
``(v) the need for the type of project
proposed by the entity applying for a grant
under this subsection in the area to be served;
``(vi) the extent to which the amount of
assistance to be provided under this title will
be supplemented with resources from other
public and private sources;
``(vii) the extent to which the entity
applying for a grant under this subsection has
demonstrated coordination with Federal, State,
local, private, and other entities serving
homeless individuals in the planning and
operation of the project; and
``(viii) such other criteria as the
Secretary deems appropriate to further the
purposes of this paragraph and this title.
``SEC. 409. CITIZEN PARTICIPATION.
``(a) In General.--Each recipient shall ensure that citizens,
appropriate private nonprofit organizations, and other interested
groups and entities participate fully in the development and carrying
out of the program authorized under this title. The Secretary shall
prescribe such requirements to carry out this section as the Secretary
deems appropriate, which shall include requirements applicable to the
citizen participation provisions of subsection (b), the local homeless
assistance board referred to in subsection (c), and the requirements
for homeless assistance boards for States and State recipients under
subsection (d), and the timing of, and sequence for, carrying out the
requirements of those subsections.
``(b) Specific Requirements for the Involvement of Citizens and
Others.--
``(1) Entities that are governmental jurisdictions.--Each
recipient that is a governmental jurisdiction shall comply with
the citizen participation requirements established by the
Secretary with respect to the consolidated plan.
``(2) Entities that are not governmental jurisdictions.--
For applicants or grantees (as appropriate) that are not
governmental jurisdictions, the Secretary shall prescribe
citizen participation requirements that are comparable (to the
extent appropriate) to those required by paragraph (1).
``(c) Local Homeless Assistance Board for Allocation Units of
General Local Government and Insular Areas.--
``(1) Establishment and function.--The chief executive
officer of each allocation unit of general local government or
insular area shall establish, select, and support a local
homeless assistance board, which shall assist the
jurisdiction--
``(A) by developing the continuum of care system
and other submission requirements, and by submitting
the system and such other submission requirements for
its approval under section 403(b);
``(B) in overseeing the activities carried out with
assistance under this title; and
``(C) in preparing the performance report under
section 410(b).
``(2) Composition of board.--The composition of each local
homeless assistance board shall be as follows--
``(A) Majority of board.--Not less than 51 percent
of the members of the local homeless assistance board
shall represent the following--
``(i) homeless individuals and families;
``(ii) homeless advocates that meet such
minimum standards of advocacy as the Secretary
shall prescribe; and
``(iii) individuals and entities providing
assistance to homeless individuals and
families.
``(B) Remainder of board.--The remainder of the
local homeless assistance board shall represent the
following--
``(i) business and labor;
``(ii) neighborhood advocates; and
``(iii) government officials.
``(3) Nomination and selection of board members.--
``(A) Nomination of board members.--The membership
of each local homeless assistance board meeting the
criteria in paragraph (2)(A) shall have been nominated
by individuals and entities, other than a governmental
jurisdiction, that represent these groups.
``(B) Selection of board members.--In selecting a
local homeless assistance board, the chief executive
officer of the jurisdiction shall, to the maximum
extent practicable, select members who will improve
access to a broad range of services for homeless
individuals and families and who are sensitive to the
varying needs of homeless individuals and families.
Each local homeless assistance board shall include
members who, to the maximum extent practicable and
consistent with local needs, represent the different
homeless subpopulations in that community.
``(4) Waiver by secretary.--The Secretary may waive the
requirements of paragraphs (2) and (3), if the jurisdiction has
an existing local homeless assistance board that substantially
meets the requirements of such paragraphs.
``(5) Review by secretary.--A member or members of a local
homeless assistance board, or other members of the community,
may request the Secretary to review the process for
constituting or operating the local homeless assistance board
to determine whether the process is fair. If the Secretary
finds that the process is unfair and promptly submits a written
justification to the board, the Secretary may disapprove the
application under section 403 for the jurisdiction.
``(6) Conflicts of interest.--The Secretary shall prescribe
standards governing potential conflicts of interest under which
members of local homeless assistance boards under this
subsection may participate in activities carried out under this
title.
``(d) Homeless Assistance Boards for States and State Recipients.--
``(1) State homeless assistance board.--
``(A) Establishment and function.--The chief
executive officer of the State shall establish, select,
and support a State homeless assistance board, which
shall assist the State--
``(i) by developing the continuum of care
system and other submission requirements, and
by submitting the system and such other
submission requirements for its approval under
section 403(b);
``(ii) in determining the percentage of the
grant that the State should use--
``(I) to carry out its own homeless
assistance program under section
408(c)(2)(A); or
``(II) to distribute amounts to
State recipients under section
408(c)(2)(B);
``(iii) in carrying out the State's
responsibilities where--
``(I) the Secretary designates the
State to administer grant amounts under
section 408(b)(3)(A); or
``(II) the State enters into an
agreement with a State recipient to
administer the State recipient's
amounts under section
408(c)(3)(A)(i)(III);
``(iv) in overseeing the activities carried
out with assistance under this title; and
``(v) in preparing the performance report
under section 410(b).
``(B) Other requirements.--State homeless
assistance boards shall be subject to subsections
(c)(2) through (6).
``(2) State recipients.--State recipients shall establish,
select, and support a local homeless assistance board
comparable (to the extent appropriate) to that described in
subsection (c), or may use such other community consultation
process as the Secretary shall prescribe.
``(e) Local Homeless Assistance Board Where Secretary Is
Distributing Grant Amounts.--
``(1) In general.--If the Secretary designates a State or a
private nonprofit organization to administer grant amounts
under section 408(b)(3)(A), distributes grant amounts to a
private nonprofit organization (as provided by section
408(b)(3)(B)), or distributes grant amounts instead of a State
under section 408(c)(4), the Secretary shall--
``(A) designate a State or unit of general local
government to establish, select, and support a local
homeless assistance board meeting the requirements of
subsection (c); or
``(B) enter into a partnership with another entity
to establish, select, and support the local homeless
assistance board.
``(2) Laws inapplicable.--Section 103 of the Department of
Housing and Urban Development Reform Act of 1989 shall not
apply with respect to the actions of the Secretary referred to
in paragraph (1). The Secretary shall establish appropriate
standards under this paragraph to ensure the integrity of the
process for awarding assistance.
``(f) Authority of Secretary.--The Secretary shall establish such
procedures as the Secretary deems appropriate for providing a fair
hearing and timely resolution of citizen complaints related to
applications or performance reports under this title.
``SEC. 410. PERFORMANCE REPORTS, REVIEWS, AUDITS, AND GRANT
ADJUSTMENTS.
``(a) National Performance Measures and Benchmarks.--The Secretary
shall establish national performance measures and benchmarks to assist
the Secretary, grantees, citizens, and others in assessing the use of
funds made available under this title.
``(b) Grantee Performance and Evaluation Report.--Each grantee
shall submit to the Secretary a performance and evaluation report
prepared by the local homeless assistance board under section 409(c) or
(e), or the State homeless assistance board under section 409(d), as
appropriate, concerning the use of funds made available under this
title. The grantee may modify the report. If the grantee has made
changes to the report, the submission shall also include the comments
of the local homeless assistance board or State homeless assistance
board on the changes. The report shall be submitted at such time as the
Secretary shall prescribe and contain an assessment of the performance
of the grantee as measured against any specific performance measures
and benchmarks (developed under section 403), the national performance
measures and benchmarks (as established under subsection (a)), and such
other information as the Secretary shall prescribe. The grantee shall
make the report available to citizens, public agencies, and other
interested parties in the jurisdiction of the grantee in sufficient
time to permit them to comment on the report before its submission.
``(c) Performance Reviews, Audits, and Grant Adjustments.--
``(1) Performance reviews and audits.--The Secretary shall,
not less than annually, make such reviews and audits as may be
necessary or appropriate to determine--
``(A) in the case of a grantee (other than a
grantee referred to in subparagraph (B)), whether the
grantee--
``(i) has carried out its activities in a
timely manner;
``(ii) has made progress toward
implementing the continuum of care system in
conformity with its application under this
title; and
``(iii) has carried out its activities and
certifications in accordance with the
requirements of this title and other applicable
laws; and
``(B) in the case of States distributing grant
amounts to State recipients, whether the State--
``(i) has distributed amounts to State
recipients in a timely manner and in
conformance with the method of distribution
described in its application;
``(ii) has carried out its activities and
certifications in compliance with the
requirements of this title and other applicable
laws; and
``(iii) has made such performance reviews
and audits of the State recipients as may be
necessary or appropriate to determine whether
they have satisfied the applicable performance
criteria contained in subparagraph (A).
``(2) Grant adjustments.--Pursuant to section 407(b)(4),
the Secretary may make appropriate adjustments in the amount of
grants in accordance with the Secretary's findings under this
subsection. With respect to assistance made available for State
recipients, the Secretary may adjust, reduce, or withdraw such
assistance, or take other action as appropriate in accordance
with the Secretary's performance reviews and audits under this
subsection, except that amounts already properly expended on
eligible activities under this title shall not be recaptured or
deducted from future assistance to such recipients.
``SEC. 411. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
No person in the United States shall, on the ground of race,
color, national origin, religion, or sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part
with funds made available under this title. Any prohibition against
discrimination on the basis of age under the Age Discrimination Act of
1975 or with respect to an otherwise qualified individual with a
disability, as provided in section 504 of the Rehabilitation Act of
1973, shall also apply to any such program or activity.
``SEC. 412. ENVIRONMENTAL PROTECTION.
``(a) Purpose.--The purpose of this section is to authorize a
procedure for the assumption of environmental review responsibilities
of the Secretary by States, units of general local government, and
insular areas in connection with assistance provided under this title.
This procedure shall be designed to ensure--
``(1) that the policies of the National Environmental
Policy Act of 1969 and other provisions of law which further
the purposes of such Act (as specified by the Secretary) are
most effectively implemented in connection with the provision
of such assistance; and
``(2) undiminished protection of the environment to the
public.
``(b) Basic Authority.--The Secretary may, in lieu of the
environmental protection procedures otherwise applicable and in
accordance with the provisions of this section, provide for the release
of funds for particular projects or activities upon the request of a
recipient of the assistance--
``(1) if the recipient--
``(A) is a State, unit of general local government,
or insular area; and
``(B) assumes all of the responsibilities for
environmental review, decisionmaking, and action
pursuant to the Act and the other provisions of law
referred to in subsection (a) that would otherwise
apply to the Secretary in connection with the provision
of assistance to such projects or activities; or
``(2) in the case of other recipients, if the State, unit
of general local government, or insular area, as designated by
the Secretary, assumes all of the responsibilities in
accordance with paragraph (1)(B).
``(c) Procedure.--The Secretary shall approve the release of funds
for projects or activities subject to the procedures authorized by this
section only if the recipient submits to the Secretary a request for
such release--
``(1) not less than 15 days before such release, except
that this paragraph shall not apply in the case of a project or
activity proposed in an area covered by a declaration by the
President of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) before any commitment of funds or other assistance
for such projects (other than for environmental studies and
such other purposes as the Secretary shall specify, consistent
with the Act and the other provisions of law referred to in
subsection (a)).
The request for release shall be accompanied by a certification by the
State, unit of general local government, or insular area which meets
the requirements of subsection (e). The Secretary's approval of any
such certification shall be deemed to satisfy the Secretary's
responsibilities under the Act and the other provisions of law referred
to in subsection (a), insofar as those responsibilities relate to the
provision of assistance for projects to be carried out pursuant thereto
which are covered by the certification.
``(d) Certification.--A certification under the procedures
authorized by this section shall--
``(1) be in a form acceptable to the Secretary;
``(2) be executed by the chief executive officer or other
officer of the State, unit of general local government, or
insular area who qualifies as determined by the Secretary;
``(3) specify that the State, unit of general local
government, or insular area has fully carried out its
responsibilities, as described in subsection (b); and
``(4) specify that the certifying officer--
``(A) consents to assume the status of a
responsible Federal official under the Act and the
other provisions of law referred to in subsection (a),
insofar as the provisions of the Act or the other
provisions of law apply pursuant to subsection (a); and
``(B) is authorized and consents on behalf of the
State, unit of general local government, or insular
area and himself or herself to accept the jurisdiction
of the Federal courts for the purpose of enforcement of
the responsibilities as such an official.
``(e) Approval by States.--If a unit of general local government
carries out the responsibilities described in subsection (d), the
Secretary may permit the State (or, where the assistance is provided
through the State, the Secretary may require the State) to perform
those actions of the Secretary described in subsection (c). The
performance of such actions by the State, where permitted or required
by the Secretary, shall be deemed to satisfy the Secretary's
responsibilities referred to in the last sentence of subsection (c).
``(f) Implementation.--
``(1) The Secretary shall implement this section after
consultation with the Council on Environmental Quality. The
implementation shall include provision--
``(A) for monitoring of the performance of
environmental reviews under this section;
``(B) in the discretion of the Secretary, for the
provision or facilitation of training for such
performance;
``(C) subject to the discretion of the Secretary,
for suspension or termination by the Secretary of the
assumption under paragraph (1); and
``(D) in the discretion of the Secretary, for the
imposition of appropriate sanctions for failure to
comply with responsibilities assumed under this
section, including the denial, withdrawal, reduction,
or abatement of assistance.
``(2) The Secretary's duty under subparagraph (A) shall not
be construed to limit or reduce any responsibility assumed by a
State, unit of general local government, or insular area with
respect to any particular project under this section.
``SEC. 413. CONSULTATION.
``In carrying out the provisions of this title, including their
implementation, the Secretary shall consult with other Federal
departments and agencies administering programs affecting homeless
individuals and families.
``SEC. 414. RETENTION OF RECORDS, REPORTS, AND AUDITS.
``(a) Retention of Records.--Each recipient shall keep such records
as may be reasonably necessary--
``(1) to disclose the amounts and the disposition of the
grant amounts, including the types of activities funded and the
nature of populations served with these funds; and
``(2) to ensure compliance with the requirements of this
title.
``(b) Access to Documents by the Secretary.--The Secretary shall
have access for the purpose of audit and examination to any books,
documents, papers, and records of any recipient that are pertinent to
grant amounts received in connection with this title.
``(c) Access to Documents by the Comptroller General.--The
Comptroller General of the United States, or any duly authorized
representative of the Comptroller General, shall have access for the
purpose of audit and examination to any books, documents, papers, and
records of any recipient that are pertinent to grant amounts received
in connection with this title.''.
SEC. 4. REPEAL AND SAVINGS PROVISIONS.
(a) Title IV Before Amendment by This Act.--
(1) In General.--The amendments made by this Act to title
IV of the Stewart B. McKinney Homeless Assistance Act shall be
effective upon enactment.
(2) Authority to provide assistance.--On and after the
effective date of this Act, the Secretary may not make
assistance available under title IV (as it existed before such
effective date), except pursuant to a legally binding
commitment entered into before that date.
(3) Law governing.--Any amounts made available under title
IV before the effective date of this Act shall continue to be
governed by the provisions of that title, as they existed
immediately before that date, except that each grantee may, in
its discretion, provide for the use, in accordance with the
provisions of title IV (as amended by this Act), of any such
amounts that it has not obligated.
(4) Status of funds.--Any amounts appropriated under title
IV before the effective date of this Act that are available for
obligation immediately before such effective date, or that
become available for obligation on or after that date, shall be
transferred and added to amounts appropriated for title IV (as
amended by this Act), and shall be available for use in
accordance with the provisions of such title IV. Any amounts so
transferred shall remain available for obligation only for the
time periods for which such respective amounts were available
before such transfer.
(b) Innovative Homeless Initiatives Demonstration.--
(1) In general.--Section 2 of the HUD Demonstration Act of
1993 is hereby repealed.
(2) Authority to provide assistance.--On and after the
effective date of this Act, the Secretary may not make
assistance available under section 2 (as it existed immediately
before such effective date), except pursuant to a legally
binding commitment entered into before that date.
(3) Law governing.--Any amounts made available under
section 2 before the effective date of this Act shall continue
to be governed by the provisions of that section, as they
existed immediately before that date, except that each grantee
may, in its discretion, provide for the use, in accordance with
the provisions of title IV (as amended by this Act), of any
such amounts that it has not obligated.
(4) Status of funds.--Any amounts appropriated under
section 2 before the effective date of this Act that are
available for obligation immediately before such date, or that
become available for obligation on or after that date, shall be
transferred and added to amounts appropriated for title IV (as
amended by this Act), and shall be available for use in
accordance with the provisions of such title IV. Any amounts so
transferred shall remain available for obligation only for the
time periods for which such respective amounts were available
before such transfer.
SEC. 5. IMPLEMENTATION.
(a) Initial Allocation of Assistance.--Not later than the
expiration of the 60-day period following the date of enactment of a
law appropriating funds to carry out title IV (as amended by this Act),
the Secretary shall notify each allocation unit of general local
government, insular area, and State of its allocation under the
Homeless Assistance Performance Fund.
(b) Issuance of Necessary Regulations.--Notwithstanding 42 U.S.C.
3535(o) or 24 CFR part 10, the Secretary shall issue such regulations
as may be necessary to implement any provision of title I of this Act,
and any amendment made by title I of this Act, in accordance with
section 552 or 553 of title 5, United States Code, as determined by the
Secretary.
(c) Use of Existing Rules.--In implementing any provision of title
I of this Act, the Secretary may, in the Secretary's discretion,
provide for the use of existing rules to the extent appropriate,
without the need for further rulemaking.
SEC. 6. REPORT AND ALLOCATION METHOD.
(a) Report.--Within two years of enactment of this Act, the
Secretary shall submit a report to Congress. The report shall include--
(1) an assessment of the progress of establishing continuum
of care systems for homeless individuals under title IV of the
Stewart B. McKinney Homeless Assistance Act (as amended by this
Act);
(2) any recommendations for amendments to the program
structure under such title IV to better serve homeless
individuals;
(3) an analysis of the best available methodologies for
measuring the geographic distribution of homelessness; and
(4) one or more options for a method for allocating
assistance under section 407(b) of such title IV.
(b) Allocation Method.--Not less than 90 days after submission of
the report to Congress, the Secretary shall publish a proposed rule in
the Federal Register setting forth a method for allocating assistance
that shall take into account the findings in the report, and such other
factors as the Secretary determines to be relevant. The final rule
shall take effect not less than nine months after the date that the
proposed rule is published.
(c) Supersede Allocation Method Under Title IV.--The authority for
the method for allocating assistance established by final rule under
subsection (b), and any subsequent amendments to such rule, shall upon
promulgation, be the authority for the allocation method, in lieu of
the method set forth under section 407(b) of such title IV.
SEC. 7. CONFORMING CHANGES TO TABLE OF CONTENTS.
Section 101(b) of the Stewart B. McKinney Homeless Assistance Act
is amended by striking the matter relating to the heading for title IV
and all that follows through the item relating to section 492 and
inserting the following:
``TITLE IV--HOMELESS ASSISTANCE PERFORMANCE FUND
``Sec. 401. Definitions.
``Sec. 402. Authorizations.
``Sec. 403. Application.
``Sec. 404. Eligible Projects and Activities.
``Sec. 405. Matching Requirement and Maintenance of Effort.
``Sec. 406. Responsibilities of Recipients, Project Sponsors, and
Owners.
``Sec. 407. Allocation and Distribution of Funds.
``Sec. 408. Administration of Program.
``Sec. 409. Citizen Participation.
``Sec. 410. Performance Reports, Reviews, Audits, and Grant
Adjustments.
``Sec. 411. Nondiscrimination in Programs and Activities.
``Sec. 412. Environmental Protection.
``Sec. 413. Consultation.
``Sec. 414. Retention of Records, Reports, and Audits.''.
TITLE II--MANAGEMENT IMPROVEMENTS: HOME AND HOPE FOR HOMEOWNERSHIP OF
SINGLE FAMILY HOMES PROGRAMS
SEC. 11. DETERMINATION OF LOW-INCOME ELIGIBILITY FOR HOME HOMEOWNERSHIP
ASSISTANCE.
(a) Income Targeting.--Section 214(2) of the Cranston-Gonzalez
National Affordable Housing Act is amended by striking ``at the time of
occupancy or at the time funds are invested, whichever is later''.
(b) Qualification as Affordable Housing.--Section 215(b)(2) of such
Act is amended to read as follows:
``(2) is the principal residence of an owner whose family
qualifies as a low-income family--
``(A) in the case of a contract to purchase
existing housing, at the time of purchase;
``(B) in the case of a lease-purchase agreement for
existing housing or for housing to be constructed, at
the time the agreement is signed; or
``(C) in the case of a contract to purchase housing
to be constructed, at the time the contract is
signed;''.
SEC. 12. STABILIZATION OF HOME FUNDING THRESHOLDS AND REVISION OF
TIMING REQUIREMENTS FOR NOTIFICATIONS AND SUBMISSIONS.
(a) Participation by States and Local Governments.--Section 216 of
the Cranston-Gonzalez National Affordable Housing Act is amended--
(1) in paragraph (1), by striking ``(or, during the first
year after enactment of this Act, not later than 20 days after
(A) funds to carry out this subtitle are provided in an
appropriations Act, or (B) regulations to implement this
subtitle are promulgated, whichever is later)'';
(2) by revising paragraph (3) to read as follows:
``(3) Eligibility.--A jurisdiction shall be eligible to
become a participating jurisdiction if its formula allocation
under section 217 is $500,000 or more.'';
(3) in paragraph (4), by striking ``not later than 30 days
after receiving notification under paragraph (1)'' and
inserting ``within a period specified by the Secretary'';
(4) by revising paragraph (5) to read as follows:
``(5) Submission of strategy.--An eligible jurisdiction
shall submit to the Secretary, within a period specified by the
Secretary, a comprehensive housing affordability strategy in
accordance with section 105.'';
(5) by revising the first sentence of paragraph (9) to read
as follows:
``The Secretary may revoke a jurisdiction's designation as a
participating jurisdiction if the Secretary finds, after
reasonable notice and opportunity for hearing, that the
jurisdiction is unwilling or unable to carry out the provisions
of this title.''; and
(6) by striking paragraph (10).
(b) Formula Allocation.--Section 217(b) of the Cranston-Gonzalez
National Affordable Housing Act is amended--
(1) in paragraph (3)--
(A) in the first sentence, by striking ``only
those jurisdictions that are allocated an amount of
$500,000 or greater shall receive an allocation'' and
inserting in lieu thereof the following:
``jurisdictions that are allocated an amount of
$500,000 or more, and participating jurisdictions that
are allocated an amount less than $500,000 except
consortia that fail to renew the membership of all of
their member jurisdictions, shall receive an
allocation''; and
(B) in the second sentence, by striking ``, except
as provided in paragraph (4)''; and
(2) by striking paragraph (4).
SEC. 13. DETERMINATION OF HOME MATCH ON PROGRAM YEAR BASIS.
Section 220(a), section 220(d)(1), sections 220(d)(3)(A) and (B),
and section 220(d)(5) of the Cranston-Gonzalez National Affordable
Housing Act are amended by striking ``fiscal year'' each place it
appears and inserting ``program year''.
SEC. 14. TENANT AND PARTICIPANT PROTECTIONS UNDER THE HOME PROGRAM.
The second sentence of section 225(b) of the Cranston-Gonzalez
National Affordable Housing Act is amended to read as follows: ``Any
termination or refusal to renew shall be consistent with applicable
State and local law.''.
SEC. 15. ELIGIBILITY OF PRIVATE PROPERTY UNDER THE HOPE FOR
HOMEOWNERSHIP OF SINGLE FAMILY HOMES PROGRAM.
Section 446(4) of the Cranston-Gonzalez National Affordable Housing
Act is amended to read as follows:
``(4) The term `eligible property' means a single family
property containing no more than four units.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Banking and Financial Services.
Referred to the Subcommittee on Housing and Community Opportunity.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line