increase wages and benefits under such programs, if appropriate. [42 U.S.C. 12899e]

SEC. 457. DEFINITIONS.

For purposes of this subtitle:

(1) ADJUSTED INCOME.-The term "adjusted income" has the meaning given the term in section 3(b) of the United States Housing Act of 1937.

(2) APPLICANT.-The term "applicant" means a public or private nonprofit agency, including

(A) a community-based organization;

(B) an administrative entity designated under section 103(b)(1)(B) of the Job Training Partnership Act;

(C) a community action agency;

(D) a State and local housing development agency;
(E) a community development corporation;

(F) a State and local youth service and conservation corps; and

(G) any other entity eligible to provide education and employment training under other Federal employment training programs.

(3) COMMUNITY-BASED ORGANIZATION.-The term "community-based organization" means a private nonprofit organization that

(A) maintains, through significant representation on the organization's governing board or otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries of programs receiving assistance under this subtitle; and

(B) has a history of serving the local community or communities where a program receiving assistance under this subtitle is located.

(4) HOMELESS INDIVIDUAL.-The term "homeless individual" has the meaning given the term in section 103 of the Stewart B. McKinney Homeless Assistance Act.

(5) HOUSING DEVELOPMENT AGENCY.-The term "housing development agency" means any agency of a State or local government, or any private nonprofit organization that is engaged in providing housing for homeless or low-income families.

(6) INCOME. The term "income" has the meaning given the term in section 3(b) of the United States Housing Act of 1937.

(7) INDIAN TRIBE.-The term "Indian tribe" has the same meaning given such term in section 102(a)(17) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(17)).

(8) INDIVIDUAL WHO HAS DROPPED OUT OF HIGH SCHOOL.— The term "individual who has dropped out of high school" means an individual who is neither attending any school nor subject to a compulsory attendance law and who has not received a secondary school diploma or a certificate of equivalency for such diploma.

(9) INSTITUTION OF HIGHER EDUCATION.-The term "institution of higher education" has the meaning given the term in section 1201(a) of the Higher Education Act of 1965.

(10) LIMITED-ENGLISH PROFICIENCY.-The term "limitedEnglish proficiency" has the meaning given the term in section 7004(a) of the Elementary and Secondary Education Act of 1965.

(11) LOW-INCOME FAMILY.-The term "low-income family" has the meaning given the term in section 3(b) of the United States Housing Act of 1937.

(12) OFFENDER.-The term "offender" means any adult or juvenile with a record of arrest or conviction for a criminal offense.

(13) QUALIFIED NONPROFIT AGENCY.-The term "qualified public or private nonprofit agency" means any nonprofit agency that has significant prior experience in the operation of projects similar to the Youthbuild program authorized under this subtitle and that has the capacity to provide effective technical assistance.

(14) RELATED FACILITIES.-The term "related facilities" includes cafeterias or dining halls, community rooms or buildings, appropriate recreation facilities, and other essential service facilities.

(15) SECRETARY.-The term "Secretary" means the Secretary of Housing and Urban Development.

(16) STATE. The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Trust Territories of the Pacific Islands, or any other territory or possession of the United States.

(17) TRANSITIONAL HOUSING.-The term "transitional housing" means a project that has as its purpose facilitating the movement of homeless individuals and families to independent living within a reasonable amount of time. Transitional housing includes housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental or physical disabilities and homeless families with children.

(18) VERY LOW-INCOME FAMILY.-The term "very low-income family" has the meaning given the term in section 3(b) of the United States Housing Act of 1937.

(19) YOUTHBUILD PROGRAM.-The term "Youthbuild program" means any program that receives assistance under this subtitle and provides disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. [42 U.S.C. 12899f]

SEC. 458. MANAGEMENT AND TECHNICAL ASSISTANCE.

(a) SECRETARY ASSISTANCE.-The Secretary may enter into contracts with a qualified public or private nonprofit agency to provide assistance to the Secretary in the management, supervision,

and coordination of Youthbuild programs receiving assistance under this subtitle.

(b) SPONSOR ASSISTANCE.-The Secretary shall enter into contracts with a qualified public or private nonprofit agency to provide appropriate training, information, and technical assistance to sponsors of programs assisted under this subtitle.

(c) APPLICATION PREPARATION.-Technical assistance may also be provided in the development of program proposals and the preparation of applications for assistance under this subtitle to eligible entities which intend or desire to submit such applications. Čommunity-based organizations shall be given first priority in the provision of such assistance.

(d) RESERVATION OF FUNDS.-In each fiscal year, the Secretary shall reserve 5 percent of the amounts available for activities under this subtitle pursuant to section 402 to carry out subsections (b) and (c) of this section. [42 U.S.C. 12899g]

SEC. 459. CONTRACTS.

Each Youthbuild program shall carry out the services and activities under this subtitle directly or through arrangements or under contracts with administrative entities designated under section 103(b)(1)(B) of the Job Training Partnership Act, with State and local educational agencies, institutions of higher education, State and local housing development agencies, or with other public agencies, including agencies of Indian tribes, and private organizations. [42 U.S.C. 12899h]

SEC. 460. REGULATIONS.

The Secretary shall issue any regulations necessary to carry out this subtitle. [42 U.S.C. 128991]

STANDARDS

FOR

RESIDENCY,

OCCUPANCY PREF

ERENCES, AND SERVICE COORDINATORS IN FEDERALLY ASSISTED HOUSING

EXCERPT FROM HOUSING AND COMMUNITY DEVELOPMENT ACT OF

1992

[Public Law 102-550; 106 Stat. 3820; 42 U.S.C. 13601 et seq.]

TITLE VI—HOUSING FOR ELDERLY PERSONS AND PERSONS WITH DISABILITIES

*

Subtitle C-Standards and Obligations of Residency in Federally Assisted Housing

SEC. 641. COMPLIANCE BY OWNERS AS CONDITION OF FEDERAL ASSISTANCE.

The Secretary of Housing and Urban Development shall require owners of federally assisted housing (as such term is defined in section 683(2)), as a condition of receiving housing assistance for such housing, to comply with the procedures and requirements established under this subtitle. [42 U.S.C. 13601]

SEC. 642. COMPLIANCE WITH CRITERIA FOR OCCUPANCY AS REQUIREMENT FOR TENANCY.

In selecting tenants for occupancy of units in federally assisted housing, an owner of such housing shall utilize the criteria for occupancy in federally assisted housing established by the Secretary, by regulation, under section 643. If an owner determines that an applicant for occupancy in the housing does not meet such criteria, the owner may deny such applicant occupancy. [42 U.S.C. 13602]

SEC. 643. ESTABLISHMENT OF CRITERIA FOR OCCUPANCY. (a) TASK FORCE.

(1) ESTABLISHMENT.-To assist the Secretary in establishing reasonable criteria for occupancy in federally assisted housing, the Secretary shall establish a task force to review all rules, policy statements, handbooks, technical assistance memoranda, and other relevant documents issued by the Department of Housing and Urban Development on the standards and obligations governing residency in federally assisted housing and make recommendations to the Secretary for the establishment of such criteria for occupancy.

(2) MEMBERS.-The Secretary shall appoint members to the task force, which shall include individuals representing the

84-339 O-94-18

interests of owners, managers, and tenants of federally assisted housing, public housing agencies, owner and tenant advocacy organizations, persons with disabilities and disabled families, organizations assisting homeless individuals, and social service, mental health, and other nonprofit servicer providers who serve federally assisted housing.

(3) COMPENSATION.-Members of the task force shall not receive compensation for serving on the task force. (4) DUTIES.-The task force shall

(A) review all existing standards, regulations, and guidelines governing occupancy and tenant selection policies in federally assisted housing;

(B) review all existing standards, regulations, and guidelines governing lease provisions and other rules of occupancy for federally assisted housing;

(C) determine whether the standards, regulations, and guidelines reviewed under subparagraphs (A) and (B) provide sufficient guidance to owners and managers of federally assisted housing to

(i) develop procedures for preselection inquiries sufficient to determine the capacity of applicants to comply with reasonable lease terms and conditions of occupancy;

(ii) utilize leases that prohibit behavior which endangers the health or safety of other tenants or violates the rights of other tenants to peaceful enjoyment of the premises;

(iii) assess the need to provide, and appropriate measures for providing, reasonable accommodations required under the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 for persons with various types of disabilities; and

(iv) comply with civil rights laws and regulations; (D) propose criteria for occupancy in federally assisted housing, standards for the reasonable performance and behavior of tenants of federally assisted housing, compliance standards consistent with the reasonable accommodation of the requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, standards for compliance with other civil rights laws, and procedures for the eviction of tenants not complying with such standards consistent with sections 6 and 8 of the United States Housing Act of 1937; and

(E) report to the Congress and the Secretary of Housing and Urban Development pursuant to paragraph (7). (5) PROCEDURE.-In carrying out its duties, the task force shall hold public hearings and receive written comments for a period of not less than 60 days.

(6) SUPPORT.-The Secretary of Housing and Urban Development shall cooperate fully with the task force and shall provide support staff and office space to assist the task force in carrying out its duties.