shall transmit to the appropriate committees of the Congress an explanatory statement detailing the need satisfied by conveyance of the surplus property and the reasons for determining that such need was so meritorious and compelling as to outweigh the needs of the homeless.

(4) For any property made available by lease to a representative of the homeless before the date of the enactment of the Stewart B. McKinney Homeless Assistance Amendments Act of 1990, the Secretary of Health and Human Services may, upon written request by the representative, convey such property by deed to the representative in accordance with, and subject to the requirements of, section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)). The lease term shall not be affected if a deed is not granted.

(g) RECORDS.-The Secretary shall maintain a written public record of

(1) the reasons for determinations of the Secretary under this section that property is suitable or unsuitable for use to assist the homeless; and

(2) the responses of landholding agencies under subsection (b)(1).

(h) APPLICABILITY TO PROPERTY UNDER BASE CLOSURE PROCESS. (1) The provisions of this section shall not apply to buildings and property at military installations that are approved for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) after the date of the enactment of this subsection. 1

(2) For provisions relating to the use to assist the homeless of buildings and property located at certain military installations approved for closure under such Act, or under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), before such date 1, see section 2(e) of Base Closure Community Redevelopment and Homeless Assistance Act of 1994.2

(i) DEFINITIONS.-For purposes of this section—

(1) the term "Administrator" means the Administrator of General Services;

(2) each of the terms "excess property" and "surplus property" has the meaning given that term under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472);

(3) the term "landholding agency" means a Federal department or agency with statutory to control real property;

(4) the term "representative of the homeless" means a State or local government agency, or private nonprofit organization, which provides services to the homeless; and

(5) the term "Secretary" means the Secretary of Housing and Urban Development, except as otherwise provided. [42 U.S.C. 11411]

1 October 25, 1994.

2 Public Law 103-421, 108 Stat. 4352, approved October 25, 1994 (10 U.S.C. 2687 note).

SEC. 502. MAKING SURPLUS PERSONAL PROPERTY AVAILABLE TO NONPROFIT AGENCIES.

(a) ELIGIBILITY.-Section 203(j)(3)(B) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(j)(3)(B)) is amended by inserting "providers of assistance to homeless individuals" after "health centers,".

(b) REQUIREMENT FOR NOTIFICATION.-Within 90 days after the enactment of this Act, the Administrator of General Services shall require each State agency administering a State plan under section 203(j) of the Federal Property and Administrative Services Act of 1949 to make generally available information about surplus personal property which may be used in the provision of food, shester, or other services to homeless individuals.

(c) COSTS. Surplus personal property identified pursuant to this section shall be made available to providers of assistance to homeless individuals by a State agency distributing such property at (1) a nominal cost to such organization or (2) at no cost when the Administrator agrees to reimburse the State agency for the costs of care and handling of such property. [42 U.S.C. 11412]

INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION

EXCERPT FROM HUD DEMONSTRATION ACT OF 1993

[Public Law 103-120; 107 Stat. 1144; 42 U.S.C. 11301 note]

SEC. 2. INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION PROGRAM.

(a) PURPOSE. The purpose of this section is to enable the Secretary of Housing and Urban Development (hereafter in this Act referred to as the "Secretary"), through cooperative efforts in partnership with other levels of government and the private sector, including nonprofit organizations, foundations, and communities, to demonstrate methods of undertaking comprehensive strategies for assisting homeless individuals and families (including homeless individuals who have AIDS or who are infected with HIV), through a variety of activities, including the coordination of efforts and the filling of gaps in available services and resources. In carrying out the demonstration, the Secretary shall—

(1) provide comprehensive homeless demonstration grants under subsection (c); and

(2) provide innovative project funding under subsection (d). (b) DEFINITIONS.-For purposes of this section, the following definitions shall apply:

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

(2) HOMELESS FAMILY.-The term "homeless family" means a group of one or more related individuals who are homeless individuals.

(3) INCORPORATED DEFINITIONS.-The terms "State", "metropolitan city", "urban county", "unit of general local government", and "Indian tribe" have the meanings given such terms in section 102(a) of the Housing and Community Development Act of 1974.

(4) JURISDICTION.-The term "jurisdiction" means a State, metropolitan city, urban county, unit of general local government (including units in rural areas), or Indian tribe.

(5) NONPROFIT ORGANIZATION.-The term "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, in the case of a private nonprofit organization, 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.

(6) VERY LOW-INCOME FAMILIES.-The term "very low-income families" has the meaning given such term in section 3 of the United States Housing Act of 1937.

(c) COMPREHENSIVE HOMELESS INITIATIVE.—

(1) DESIGNATION.-The Secretary shall designate such jurisdictions as the Secretary may determine for comprehensive homeless initiative funding under this subsection.

(2) AUTHORITY.-The Secretary may provide assistance under this subsection to

(A) jurisdictions designated under paragraph (1) (or entities or instrumentalities established under the authority of such jurisdictions); or

(B) nonprofit organizations operating within such jurisdictions,

establish1 comprehensive homeless initiatives to carry out the purpose of this section.

(3) CRITERIA.-The Secretary shall establish criteria for designating jurisdictions under paragraph (1), which shall include

(A) the extent of homelessness in the jurisdiction;

(B) the extent to which the existing public and private systems for homelessness prevention, outreach, assessment, shelter, services, transitional services, transitional housing, and permanent housing available within the jurisdiction would benefit from additional resources to achieve a comprehensive approach to meeting the needs of individuals and families who are homeless or who are very low-income and at risk of homelessness;

(C) the demonstrated willingness and capacity of the jurisdiction to work cooperatively with the Department of Housing and Urban Development (hereafter in this Act referred to as the "Department"), nonprofit organizations, foundations, other private entities, and the community to design and implement an initiative to achieve the purposes of this subsection;

(D) the demonstrated willingness of nongovernmental organizations to commit financial and other resources to a comprehensive homeless initiative in the jurisdiction;

(E) the commitment of the jurisdiction to make necessary changes in policy and procedure to provide sufficient flexibility and resources as necessary to implement and sustain the initiative;

(F) national geographic diversity in the designation of jurisdiction; and

(G) such other factors as the Secretary determines to be appropriate.

(4) CONSULTATION.-Prior to designating jurisdictions under paragraph (1), the Secretary shall consult with the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding such designations.

1 So in law.

(5) COMPREHENSIVE STRATEGY.-Recipients of assistance under this subsection shall, in cooperation with the Secretary, other governmental entities, nonprofit organizations, foundations, other private entities, and the community, develop a comprehensive plan that

(A) sets forth a realistic and feasible strategy that contains specific projects and activities to carry out the purpose of this section;

(B) demonstrates the willingness of the appropriate government and private entities and other parties to participate cooperatively in this plan;

(C) specifies the projects and activities to be funded under this subsection;

(D) provides an estimate of the cost of implementing the initiative funded under this subsection;

(E) enumerates amounts to be made available to fund the comprehensive homeless initiative by participating governmental entities, nonprofit organizations, foundations, and the community, as appropriate, and requests funds from the Secretary pursuant to this subsection; and (F) provides such other information as the Secretary determines to be appropriate.

(6) DESIGNATION. The designation referred to in paragraph (1) and assistance provided under paragraph (2) shall be made on a noncompetitive basis.

(d) INNOVATIVE PROJECT FUNDING.

(1) AUTHORITY.-The Secretary is authorized to provide assistance under this subsection to jurisdictions and nonprofit organizations operating within such jurisdictions to establish innovative programs to carry out the purpose of this section.

(2) APPLICATIONS.-Applications for assistance under this subsection shall be in such form, and shall include such information, as the Secretary shall determine. Each application shall include

(A) a description of the extent of homelessness in the jurisdiction;

(B) an explanation of the extent to which the existing systems, both public and private, for homelessness prevention, outreach, assessment, shelter, services, transitional services, transitional housing, and permanent housing available within the jurisdiction would benefit from additional resources to achieve a comprehensive approach to meeting the needs of individuals and families who are homeless, or who are very low-income and at risk of homelessness;

(C) a description of the projects and activities for which the applicant is requesting funding under this subsection and the amounts requested;

(D) the demonstrated willingness and capacity of the jurisdiction to work cooperatively with the Department, nonprofit organizations, foundations, other private entities, and the community, to the extent feasible, to design and implement an initiative to achieve the purposes of this subsection;