HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS.

SEC. 606. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS. (a) Amendment of Cranston-Gonzalez National Housing Act.—Whenever in this section an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Cranston-Gonzalez National Affordable Housing Act. (b) Authorization of Appropriations.—Section 863 (42 U.S.C. 12912) is amended to read as follows: “SEC. 863. AUTHORIZATION OF APPROPRIATIONS.“There are authorized to be appropriated to carry out this subtitle $150,000,000 for fiscal year 1993 and $156,300,000 for fiscal year 1994.”. 106 STAT. 3807 (c) Definitions.—Section 853 (42 U.S.C. 12902) is amended— (1) in paragraph (2), by striking “sponsor receiving assistance from a grantee” and inserting “organization eligible to receive assistance under this subtitle”; (2) in paragraph (5), by striking “metropolitan area” and inserting “metropolitan statistical area”; and (3) by adding at the end the following new paragraphs: “(11) The term ‘city‘ has the meaning given the term in section 102(a) of the Housing and Community Development Act of 1974. (12) The term ‘eligible person’ means a person with acquired immunodeficiency syndrome or a related disease and the family of such person. (13) The term ‘nonprofit organization’ means any 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 providing services or housing to persons with acquired immunodeficiency syndrome or related diseases. “(14) The term ‘project sponsor’ means a nonprofit organization or a housing agency of a State or unit of general local government that contracts with a grantee to receive assistance under this subtitle”. (d) Grant Eligibility and Allocation.—Section 854 (42 U.S.C. 12903) is amended— (1) in subsection (a), by striking “and units of general local government” and inserting “, units of general local government, and nonprofit organizations”; (2) by striking subsection (b) and inserting the following new subsection: “(b) Implementation of Eligible Activities.—A grantee shall carry out eligible activities under section 855 through project sponsors. Any grantee that is a State that enters into a contract with a nonprofit organization to carry out eligible activities in a locality shall obtain the approval of the unit of general local government for the locality before entering into the contract.”; (3) by striking paragraph (1) of subsection (c) and inserting the following new paragraph: “(1) Formula allocation.— The Secretary shall allocate 90 percent of the amounts approved in appropriation Acts under section 863 among States and cities whose most recent comprehensive housing affordability strategy (or abbreviated strategy) has been approved by the Secretary under section 105 of this Act. Such amounts shall be allocated as follows: “(A) 75 percent among— “(i) cities that are the most populous unit of general local government in a metropolitan statistical area having a population greater than 500,000 and more than 1,500 cases of acquired immunodeficiency syndrome; and 106 STAT. 3808 “(ii) States with more than 1,500 cases of acquired immunodeficiency syndrome outside of metropolitan statistical areas described in clause (i); and “(B) 25 percent among cities that (i) are the most populous unit of general local government in a metropolitan statistical area having a population greater than 500,000 and more than 1,500 cases of acquired immunodeficiency syndrome, and (ii) have a higher than average per capita incidence of acquired immunodeficiency syndrome. A single city may receive assistance allocated under subparagraph (A) and subparagraph (B). For purposes of allocating amounts under this paragraph for any fiscal year, the number of cases of acquired immunodeficiency syndrome shall be the number of such cases reported to and confirmed by the Director of the Centers for Disease Control of the Public Health Service as of March 31 of the fiscal year immediately preceding the fiscal year for which the amounts are appropriated and to be allocated”; (4) in subsection (c)(3)— (A) by striking the paragraph heading and inserting “Nonformula allocation.—”; and (B) by striking subparagraph (A) and inserting the following new subparagraph: (A) In general.— The Secretary shall allocate 10 per-cent of the amounts appropriated under section 863 among— “(i) States and units of general local government that do not qualify for allocation of amounts under paragraph (1); and “(ii) States, units of general local government, and nonprofit organizations, to fund special projects of national significance.”; (5) in the first sentence of subsection (d), by striking “approvable applications submitted by eligible applicants” and inserting “applications submitted by applicants and approved by the Secretary”; (6) in subsection (e), by striking “requirements of subsection (b)” and inserting “other requirements of this section”; and (7) by adding at the end the following new subsection: “(f) Additional Requirement for City Formula Grantees.—In addition to the other requirements of this section, to be eligible for a grant pursuant to subsection (c)(1), a city shall provide such assurances as the Secretary may require that any grant amounts received will be allocated among eligible activities in a manner that addresses the needs within the metropolitan statistical area in which the city is located, including areas not within the jurisdiction of the city. Any such city shall coordinate with other units of general local government located within the metropolitan statistical area to provide such assurances and comply with the assurances.”. (e) Limitation on Spending for Other Activities.—Section 855(6) (42 U.S.C. 12904(6)) is amended by inserting before the period at the end the following: “, except that activities developed under this paragraph may be assisted only with amounts provided under section 854(c)(3)”. 106 STAT. 3809 (f) Fees and Limitation on Use of Grant Amounts for Administrative Expenses.—Section 856 (42 U.S.C. 12905) is amended— (1) by striking subsection (d) and inserting the following new subsection: “(d) Prohibition of Fees.—The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this subtitle.”; and (2) by adding at the end the following new subsection: “(g) Administrative Expenses.— “(1) Grantees.—Notwithstanding any other provision of this subtitle, each grantee may use not more than 3 percent of the grant amount for administrative costs relating to administering grant amounts and allocating such amounts to project sponsors. “(2) Project sponsors.—Notwithstanding any other provision of this subtitle, each project sponsor receiving amounts from grants made under this title may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under section 855, including the costs of staff necessary to carry out eligible activities”. (g) Short-Term Supported Housing and Services.—Section 858 (42 U.S.C. 12907) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting before the period at the end the following: “(except that health services under this paragraph may only be provided to individuals with acquired immunodeficiency syndrome or related diseases), and providing technical assistance to eligible persons to provide assistance in gaining access to benefits and services or homeless individuals provided by the Federal Government and State and local governments”; (B) by striking paragraphs (4) and (5); and (C) by adding at the end the following new paragraphs: “(4) Operation.—Providing for the operation of short-term supported housing provided under this section, including the costs of security, operation insurance, utilities, furnishings, equipment, supplies, and other incidental costs. “(5) Administration.—Providing staff to carry out the pro-gram under this section (subject to the provisions of section 856(g)).”; and (2) in subsection (b)— (A) in paragraph (2)— (i) by striking subparagraph (B); (ii) in subparagraph (C), by striking “limitations under subparagraphs (A) and (B)” and inserting “limitation under subparagraph (A)”; and (iii) by redesignating subparagraph (C) (as so amended) as subparagraph (B); and (B) in paragraph (3), by adding at the end the following new subparagraph: “(C) Waiver.—Notwithstanding subparagraphs (A) and (B), the Secretary may waive the applicability of the requirements under such subparagraphs with respect to any individual for which the project sponsor has made106 STAT. 3810 a good faith effort to acquire permanent housing (in accordance with paragraph (4)) and has been unable to do so.”, (h) Rental Assistance.— (1) In general.— Section 859 (42 U.S.C. 12908) is amended— (A) by striking the section heading and inserting the following new section heading: “SEC. 859. RENTAL ASSISTANCE.”; (B) in the first sentence of subsection (a)(1), by striking “short-term”; and (C) by adding at the end the following new subsection: “(c) Administrative Costs.—A project sponsor providing rental assistance under this section may use amounts from any grant received under this section for administrative expenses involved in providing such assistance, subject to the provisions of 856(g)(2).”. (2) Conforming amendment.—Section 855(3) (42 U.S.C. 12904(3)) is amended by striking “short-term”. (i) Community Residences and Services.—Section 861(c) (42 U.S.C. 12910(c)) is amended— (1) in paragraph (1)(C), by inserting before the period at the end the following: “, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this subtitle”; and (2) by striking paragraph (3) and inserting the following new paragraph: (3) Administrative expenses.—For administrative expenses related to the planning and carrying out activities under this section (subject to the provisions of section 856(g)).”. (j) Eligibility of Families.— (1) Section 852 (42 U.S.C. 12901) is amended by inserting “and families of such persons” before the period at the end. (2) Section 854(c)(3) (42 U.S.C. 12903(c)3)) is amended by striking “persons with acquired immunodeficiency syndrome” and inserting “eligible persons” each place it appears. (3) Section 855 (42 U.S.C. 12904) is amended— (A) in the matter preceding paragraph (1), by striking “such persons with acquired immunodeficiency syndrome” and inserting “eligible persons”; and (B) in paragraph (5), by striking “with acquired immunodeficiency syndrome”. (4) Section 856(c) (42 U.S.C. 12905(c)) is amended by striking “such individuals” and inserting “such eligible persons”. (5) Section 858(a)(3) (42 U.S.C. 12907(a)(3)) is amended by striking “individuals” and inserting “eligible persons”. (6) Section 859(b)(1) (42 U.S.C. 12908(b)(1)) is amended by striking “individuals” and inserting “eligible persons”. (7) Sections 859(b)(2) and 86(b)(2) (42 U.S.C. 12908(b), 12909(b)(2)) are amended by inserting “with acquired immunodeficiency syndrome or related diseases” after “any individual” each place it appears. (8) Section 861(a) (42 U.S.C. 12910(a)) is amended by striking “persons with acquired immunodeficiency syndrome or related diseases” and inserting “eligible persons.” 106 STAT. 3811 (9) Section 861(b)(1)(A)(iv) (42 U.S.C. 12910(b)(1)(A)(iv)) is amended by striking “such individuals” and inserting “such eligible persons”. (10) Section 861(d)(1) (42 U.S.C. 12910(d)(1)) is amended— (A) in subparagraph (A), by striking “individuals” and inserting “eligible persons”; and (B) in subparagraph (D), by inserting “with acquired immunodeficiency syndrome or related diseases” after “any individual”. (11) Subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.) is amended by striking “individuals with acquired immunodeficiency syndrome or related diseases” each place it appears in the following provisions and inserting “eligible persons”: (A) Section 856(c). (B) Section 857. (C) Section 858— (i) in subsection (a), in the matter preceding paragraph (1); and (ii) in subsection (b)(1)(A); (D) Section 859(a)(1); (E) Section 861— (i) in subsection (b); and (ii) in subsection (d). (k) Regulations.— (1) Interim regulations.—Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit to the Congress a copy of proposed interim regulations implementing subtitle D of title VIII of the Cranston- Gonzalez National Affordable Housing Act (as amended by this section). Not later than the expiration of the 45-day period beginning on the date of the enactment of this Act, but not before the expiration of the 15-day period beginning upon the submission of the proposed interim regulations to the Congress, the Secretary shall publish interim regulations implementing such subtitle (as amended), which shall take effect upon publication. (2) Final regulations.—Not later than the expiration of the 90-day period beginning upon the publication of interim regulations under paragraph (1), the Secretary shall issue final regulations implementing subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (as amended by this section) after notice and opportunity for public comment regarding the interim regulations, pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment under such section 553 shall be not less than 60 days, and the final regulations shall take effect upon issuance.