of the organization or locality; except that such guidelines may grant waivers to applicants unable to meet such requirement if the organization or government agrees to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions. (b) PUBLICATION. Guidelines established under subsection (a) shall be published annually, and whenever modified, in the Federal Register. The National Board shall not be subject to the procedural rulemaking requirements of subchapter II of chapter 5 of title 5, United States Code. Subtitle C-General Provisions SEC. 321. [42 U.S.C. 11351] DEFINITIONS. (1) The term "Director" means the Director of the Federal Emergency Management Agency. (2) The term "emergency shelter" means a facility all or a part of which is used or designed to be used to provide temporary housing. (3) The term "local government" means a unit of general purpose local government. (4) The term "locality" means the geographical area within the jurisdiction of a local government. (5) The term "National Board" means the Emergency Food and Shelter Program National Board. (6) 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 Director; and (D) that practices nondiscrimination in the provision. of assistance. (7) 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. SEC. 322. [42 U.S.C. 11352] AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $180,000,000 for fiscal year 1993 and $187,560,000 for fiscal year 1994. TITLE IV-HOUSING ASSISTANCE Subtitle A-Comprehensive Homeless Assistance Plan SEC. 401. [42 U.S.C. 11361] 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. SEC. 402. [42 U.S.C. 11362] DISCHARGE COORDINATION POLICY. The Secretary may not provide a grant under this title for any governmental entity serving as an applicant unless the applicant agrees to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. Subtitle B-Emergency Shelter Grants SEC. 411. [42 U.S.C. 11371] DEFINITIONS. (1) The term "local government" means a unit of general purpose local government. (2) The term "locality" means the geographical area within the jurisdiction of a local government. (3) The term "metropolitan city" has the meaning given such term in section 102 of the Housing and Community Development Act of 1974. (4) The term "operating costs" means expenses incurred by a recipient operating a facility assisted under this subtitle with respect to (A) the administration, maintenance, repair, and security of such housing; and (B) utilities, fuels, furnishings, and equipment for such housing. (5) The term "private nonprofit organization" means a secular or religious organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under subtitle A of such Code, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance. (6) The term "recipient" means any governmental or private nonprofit entity that is approved by the Secretary as to financial responsibility. (7) The term "Secretary" means the Secretary of Housing and Urban Development. (8) 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. (9) The term "urban county" has the meaning given such term in section 102 of the Housing and Community Development Act of 1974. [(10) [Repealed.]] SEC. 412. [42 U.S.C. 11372] GRANT ASSISTANCE. The Secretary of Housing and Urban Development shall, to the extent of amounts approved in appropriation Acts under section 417, make grants to States and local governments (and to private nonprofit organizations providing assistance to homeless individuals, in the case of grants made with reallocated amounts) in order to carry out activities described in section 414. SEC. 413. [42 U.S.C. 11373] ALLOCATION AND DISTRIBUTION OF ASSISTANCE. (a) IN GENERAL.-The Secretary shall allocate assistance under this subtitle to metropolitan cities, urban counties, and States (for distribution to local governments and private nonprofit organizations in the States) in a manner that ensures that the percentage of the total amount available under this subtitle for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for section 106 of the Housing and Community Development Act of 1974 for such prior fiscal year that is allocated to such State, metropolitan city, or urban county. (b) MINIMUM ALLOCATION REQUIREMENT.-If, under the allocation provisions applicable under this subtitle, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated to carry out this subtitle for any fiscal year, such amount shall instead be reallocated to the State, except that any city that is located in a State that does not have counties as local governments, that has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation, and that was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987, shall receive directly the amount allocated to such city under subsection (a). (c) DISTRIBUTIONS TO NONPROFIT ORGANIZATIONS.-Any local government receiving assistance under this subtitle may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals. Any State receiving assistance under this subtitle may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project. (d) REALLOCATION OF FUNDS.— (1) The Secretary shall, not less than twice during each fiscal year, reallocate any assistance provided under this subtitle that is unused or returned or that becomes available under subsection (b). (2) If a city or county eligible for a grant under subsection (a) fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this subtitle first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary. (3) If a State or Indian tribe fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this subtitle first become available for allocation during any fiscal year, the amount that the State or Indian tribe would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary. (e) ALLOCATIONS TO TERRITORIES.-In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after the date of enactment of this Act) allocate assistance under this subtitle to 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, in accordance with an allocation formula established by the Secretary. SEC. 414. [42 U.S.C. 11374] ELIGIBLE ACTIVITIES. (a) IN GENERAL.-Assistance provided under this subtitle may be used for the following activities relating to emergency shelter for homeless individuals: (1) The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters. (2) The provision of essential services, including services concerned with employment, health, drug abuse, or education, if (A) such services have not been provided by the local government during any part of the immediately preceding 12-month period, or the use of assistance under this subtitle would complement those services; and (B) not more than 30 percent of the aggregate amount of all assistance to a State or local government under this subtitle is used for activities under this paragraph. 1 Section 506(a)(3)(C)(i) of the Native American Housing Assistance and Self-Determination Act of 1996, Pub. L. 104-330, 110 Stat. 4044, provides that this paragraph is amended "by striking, or Indian tribe' each place it appears". Because the matter to be struck does not appear in this paragraph, the amendment could not be executed. Under section 107 of such Act (110 Stat. 4030; 25 U.S.C. 4101 note), the amendments were to take effect on October 1, 1997. (3) Maintenance, operation, insurance, utilities, and furnishings, except that not more than 10 percent of the amount of any grant received under this subtitle may be used for costs of staff. (4) Efforts to prevent homelessness, such as financial assistance to families who have received eviction notices or notices of termination of utility services if (A) the inability of the family to make the required payments is due to a sudden reduction in income; (B) the assistance is necessary to avoid the evicition or termination of services; (C) there is a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and sources. (D) the assistance will not supplant funding for preexisting homelessness prevention activities from other Activities that are eligible for assistance under this paragraph shall include assistance to very low-income families who are discharged from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions). Not more than 30 percent of the aggregate amount of all assistance to a State or local government under this subtitle may be used for activities under this paragraph. (b) WAIVER AUTHORITY.-The Secretary may waive the 201 percent limitation on the use of assistance for essential services contained in subsection (a)(2)(B), if the local government receiving the assistance demonstrates that the other eligible activities under the program are already being carried out in the locality with other resources. SEC. 415. [42 U.S.C. 11375] RESPONSIBILITIES OF RECIPIENTS. (a) MATCHING AMOUNTS. (1) Except as provided in paragraph (2), each recipient under this subtitle shall be required to supplement the assistance provided under this subtitle with an equal amount of funds from sources other than this subtitle. Each recipient shall certify to the Secretary its compliance with this paragraph, and shall include with such certification a description of the sources and amounts of such supplemental funds. (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. (3) In calculating the amount of supplemental funds provided by a recipient under this subtitle, a recipient 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 the recipient, and the value of the time and 1 So in law. Probably intended to refer to the 30 percent limitation under subsection (a)(2)(B). |