"SEC. 464. ADMINISTRATIVE FEES. "From amounts made available under appropriations Acts, the Secretary shall make amounts available to pay the nonprofit entity that is the owner or lessor of the housing assisted under this part an administrative fee in an amount determined appropriate by the Secretary for the costs of administering the housing assistance. [42 U.S.C. 11404c] "Subtitle E-Miscellaneous "SEC. 471. ENVIRONMENTAL REVIEW. "The provisions of, and the regulations and procedures applicable under, section 104(g) of the Housing and Community Development Act of 1974 shall apply to assistance and projects under this title.". (b) IMPLEMENTATION.-Not later than 180 days after the date funds authorized under section 439 of the Stewart B. McKinney Homeless Assistance Act, as amended by this section, first become available for obligation, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of subtitle D of title IV of that Act. Such requirements shall be subject to section 553 of title 5, United States Code. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period following the date of the notice. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period following the date of the notice. In developing program guidelines and regulations to implement such subtitle, the Secretary of Housing and Urban Development may consult with the Secretary of Health and Human Services with respect to supportive services aspects of this subtitle. [42 U.S.C. 11391 note] (c) TRANSITION PROVISIONS.-Amounts appropriated for use under subtitle D of title IV of the Stewart B. McKinney Homeless Assistance Act, as it existed immediately before the effective date of the amendment made by this section, that are or become available for obligation shall be available for use under subtitle D of title IV of the Stewart B. McKinney Homeless Assistance Act, as amended by this section. [42 U.S.C. 11399 note] SEC. 822. DEFINITION OF “HOMELESS PERSON". Section 103(a) of the Stewart B. McKinney Homeless Assistance Act is amended by adding after "homeless individual" the following: "or homeless person". SEC. 823. TRANSITIONAL RULE. (a) IN GENERAL.-The amendment made by section 821 shall take effect (1) on October 1, 1992, or (2) on the date specified by a statute adopting a proposed allocation formula described in subsections (b) and (c), whichever is later. (b) FEASIBILITY STUDY.-The Secretary shall carry out a study to determine the feasibility of allocating homeless assistance by a formula that distributes housing assistance for the homeless in ac cordance with the relative incidence of homelessness in jurisdictions across the United States. If the Secretary determines that the use of such a formula is feasible, the Secretary shall develop one or more such formulas. In determining alternative allocation formulas, the Secretary shall consider (1) objective measures of the incidence of homelessness; (2) the relation between the supply of affordable housing for very low-income families and the number of such families in the jurisdiction; (3) poverty; (4) housing overcrowding; and (5) any other relevant factors, including the reliability of data pertaining to homelessness. (c) REPORT.-Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Congress a report on the feasibility study under this subsection. Such report shall contain any formula or formulas developed under subsection (b) together with detailed analysis of the formulas. In preparing such report, the Secretary shall consult with organizations representing homeless persons, nonprofit organizations, public housing agencies, and State and local housing and service agencies. [42 U.S.C. 11361 note] (d) CONFORMING AMENDMENT.-Upon the adoption of a formula described in this section, that part of the table of contents of the Stewart B. McKinney Homeless Assistance Act that relates to title IV of such Act is amended to read as follows: "TITLE IV-HOUSING ASSISTANCE "Subtitle A-General Provisions "Sec. 401. Purpose. "Sec. 403. General authority. "Sec. 404. Allocation formula. "Sec. 405. Discretionary allocation. "Sec. 406. Responsibilities of grantees and project sponsors. "Sec. 407. Administrative provisions. "Sec. 408. Authorization of appropriations. "Sec. 409. Reports to Congress. "Subtitle B-Approved Activities "Sec. 411. Homelessness prevention. "Sec. 412. Emergency shelter. "Sec. 413. Transitional housing for the homeless. "Sec. 414. Permanent housing for homeless persons with disabilities. "Sec. 415. Transition to permanent housing. "Sec. 416. Development of additional approved activities. "Subtitle C-Section 8 Single Room Occupancy "Sec. 421. Section 8 single room occupancy provisions. "Sec. 422. Applicability to Indian tribes. 1 The date of enactment was November 28, 1990. "Subtitle D-Shelter Plus Care Program "PART I-SHELTER PLUS CARE: GENERAL REQUIREMENTS "Sec. 431. Purpose. "Sec. 432. Rental housing assistance. "Sec. 433. Supportive services requirements; matching funding. "Sec. 434. Applications. "Sec. 435. Selection criteria. "Sec. 436. Required agreements. "Sec. 437. Termination of assistance. "Sec. 438. Definitions. "Sec. 439. Authorization of appropriations. "PART II-SHELTER PLUS CARE: HOMELESS RENTAL HOUSING ASSISTANCE "PART III-SHelter Plus Care: Moderate RehabilitatION ASSISTANCE FOR SINGLE SEC. 825.1 STRATEGY TO ELIMINATE UNFIT TRANSIENT FACILITIES. (a) IN GENERAL.-The Secretary of Housing and Urban Development shall, not more than 9 months after the date of enactment of the Cranston-Gonzalez National Affordable Housing Act,2 identify the States and units of general local government which use unfit transient facilities as housing for homeless families with children and develop and publish in the Federal Register a strategy to eliminate such use by July 1, 1992. In developing the strategy required under this section, the Secretary shall consult with the Secretary of the Department of Health and Human Services, the Administrator of the Federal Emergency Management Agency, other appropriate Federal officials, appropriate States and units of general local government, major organizations representing homeless persons and other experts. (b) CONTENTS OF STRATEGY.-The strategy developed under this section shall specify (1) actions to be taken to ensure that families with children currently residing in unfit transient facilities will make a timely transition to permanent housing; So in law. There is no section 824. 2 The date of enactment was November 28, 1990. (2) actions to be taken to provide sufficient emergency, transitional, and permanent housing to preclude the future use of unfit transient facilities as housing for homeless families with children; and (3) changes in Federal, State, and local statutes and regulations that are needed to eliminate the use of unfit transient facilities as housing for homeless families with children. (c) IMPLEMENTATION OF STRATEGY.-To ensure that the strategy developed under this section is carried out within the statutory deadline, the Secretary of Housing and Urban Development shall be authorized to use and apply the following additional resources and powers: (1) such preferences in the allocation of resources under the Stewart B. McKinney Homeless Assistance Act as the Secretary determines to be appropriate; (2) such limitations upon a jurisdiction's discretion to allocate resources among approved activities under the Stewart B. McKinney Homeless Assistance Act as the Secretary determines to be appropriate; (3) such expedited decisionmaking or waivers or revisions of regulatory requirements under other provisions of Federal law as the Secretary determines to be appropriate; and (4) such additional constraints on the use of funds under other provisions of Federal law as the Secretary determines to be appropriate. (d) DEFINITIONS.-For purposes of this section the term 'unfit transient facility' means a facility that provides transient accommodations to homeless persons and families in an environment that does not meet the minimum standards of habitability established by the Secretary. [42 U.S.C. 11301 note] AFFORDABLE HOUSING STRATEGIES AND INVESTMENT EXCERPT FROM CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT [Public Law 101-625; 104 Stat. 4085; 42 U.S.C. 1274 et seq.] TITLE I-GENERAL PROVISIONS AND POLICIES SEC. 104. DEFINITIONS. As used in this title and in title II: (1) The term "unit of general local government" means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 216(2) of this Act; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act. (2) The term "State" means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) The term "jurisdiction" means a State or unit of general local government. (4) The term "participating jurisdiction" means any State or unit of general local government that has been so designated in accordance with section 216 of this Act. (5) The term "nonprofit organization" means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that (A) is organized under State or local laws, (B) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual, (C) complies with standards of financial accountability acceptable to the Secretary, and (D) has among its purposes significant activities related to the provision of decent housing that is affordable to lowincome and moderate-income persons. (6) The term "community housing development organization" means a nonprofit organization as defined in paragraph (5), that (A) has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons; |