(h) Each nonprofit corporation and public housing agency shall establish fees for meal service and other appropriate services provided to eligible project residents. These fees shall be reasonable, may not exceed the cost of providing the service, and shall be calculated on a sliding scale related to income which permits the provision of services to such residents who cannot afford meal and service fees. When meal services are provided to other project residents, fees shall be reasonable and may not exceed the cost of providing the meal service. (i) The Secretary shall establish standards for the provision of services under this title, and, in developing such service standards, the Secretary shall consult with the Secretary of Health and Human Services and with appropriate organizations representing the elderly and handicapped, as determined by the Secretary. ELIGIBILITY FOR SERVICES SEC. 406. (a) The identification of project residents eligible to participate in a congregate services program assisted under this title, and the designation of the services appropriate to their individual functional abilities and needs, shall be made by a professional assessment committee. Such committee shall utilize procedures which insure that the process of determining eligibility of individuals for services under this title shall accord such individuals fair treatment and due process and a right of appeal of such determination of eligibility, and shall also assure the confidentiality of personal and medical records. (b) Other residents may participate in a congregate meal service program assisted under this title if the local public housing agency or nonprofit corporation determines that the participation of these individuals will not adversely affect the cost-effectiveness or operation of the program. (c) Any public housing agency or nonprofit corporation receiving assistance under this title shall notify the Secretary of any change in the membership of the professional assessment committee within thirty days of such change. Such notification shall list the names and professional qualifications of new members of the committee. (d) Procedures shall be established to insure that changes in the membership of the professional assessment committee are consistent with the requirements of section 403(7) of this title. APPLICATION PROCEDURES SEC. 407. (a) An application for assistance under this title shall include (1) a plan specifying the types and priorities of the basic services the public housing agency or nonprofit corporation proposes to provide during the term of the contract; such plan must be related to the needs and characteristics of the eligible project residents and, to the maximum extent practicable, provide for the changing needs and characteristics of all project residents; such plan shall be determined after consultation with eligible project residents and with the professional assessment committee; (2) a list of names and professional qualifications of the members of the professional assessment committee; (3) the fee schedule established pursuant to section 405(h) of this title; (4) any comment received in connection with any review of a proposed application pursuant to section 405(d) or 405(e)(2); and (5) a statement affirming (A) that the nonprofit corporation or public housing agency has followed the consultation procedures required in subsections (c), (d), and (e) of section 405, and (B) that such application complies with subsection (b) of such section. (b) The Secretary shall establish appropriate deadlines for each fiscal year for the submission of applications for funding under this title and shall notify any public housing agency and nonprofit corporation applying for assistance under this title of acceptance or rejection of its application within ninety days of such submission. (c) Within twelve months prior to the submission of an application for renewed funding under this title, each nonprofit corporation and public housing agency shall review the performance, appropriateness, and fee schedules of their congregate services program with eligible project residents and with the professional assessment committee. The results of such review shall be included in any application for renewal and shall be considered in the development of the application for renewal by the nonprofit corporation or public housing agency and in its evaluation by the Secretary. EVALUATION OF APPLICATION AND PROGRAM SEC. 408. (a) In evaluating applications for assistance under this title, the Secretary shall consider (1) the types and priorities of the basic services proposed to be provided, and the relationship of such proposal to the needs and characteristics of the eligible residents of the projects where the services are to be provided; (2) how quickly services will be established following approval of the application; (3) the degree to which local social services are adequate for the purpose of assisting eligible project residents to maintain independent living and avoid unnecessary institutionalization; (4) the professional qualifications of the members of the professional assessment committee; and (5) the reasonableness of fee schedules established for each congregate service. (b) In evaluating programs receiving assistance under this title, the Secretary shall (1) establish procedures for the review and evaluation of the performance of nonprofit corporations and public housing agencies receiving assistance under this title including provisions for the submission of an annual report, by each such nonprofit corporation and public housing agency, which evaluates the impact and effectiveness of its congregate services program; and (2) publish annually and submit to the Congress, a report on and evaluation of the impact and effectiveness of congregate services programs assisted under this title. Such report and evaluation shall be based, in part, on the evaluations required to be submitted pursuant to paragraph (1). (c) Not later than March 15, 1984, the Secretary shall prepare and submit to the Congress a report evaluating the effects of any changes in the administration of the congregate housing services program established in this title which have occurred since January 1, 1983. Such report shall include an evaluation by the Secretary of the reorganization or decentralization of the administration of such program, and any legislative recommendations of the Secretary for the establishment of a permanent congregate housing services program and the reasons for such recommendations. FUNDING PROCEDURES SEC. 409. (a) The Secretary shall establish procedures (1) to assure timely payments to nonprofit corporations and public housing agencies for approved assisted congregate services programs with provision made for advance funding sufficient to meet necessary startup costs; (2) to permit reallocation of funds approved for the establishment of congregate services in existing public housing projects and projects assisted under section 202 of the Housing Act of 1959 if the services are not established within six months of the notification date of funding approval; (3) to assure that where such funding has been approved for the establishment of congregate services for public housing projects and projects assisted under section 202 of the Housing Act of 1959 under construction or approved for construction, these services shall be in place at the start of the project's occupancy by tenants requiring such services for maintaining independent living; (4) to establish accounting and other standards in order to prevent any fraudulent or inappropriate use of funds under this title; and (5) to assure that no more than 1 per centum of the funds appropriated under this title for any fiscal year may be used by public housing agencies and nonprofit corporations for evaluative purposes as required by section 408(b)(1). (b) The Secretary shall establish a reserve fund, not to exceed 10 per centum of the funds appropriated in each fiscal year for the provision of services under this title, in order to supplement grants awarded to public housing agencies and nonprofit corporations under this title when, in the determination of the Secretary, such supplemental adjustments are required to maintain adequate levels of services to eligible project residents. MISCELLANEOUS PROVISIONS SEC. 410. (a) Each public housing agency and nonprofit corporation shall, to the maximum extent practicable, utilize elderly and permanently disabled adult persons who are residents of public housing projects or projects assisted under section 202 of the Housing Act of 1959, but who are not eligible project residents, to participate in providing the services assisted under this title. Such per sons shall be paid wages which shall not be lower than whichever is the highest of— (1) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such act applied to the resident and if he or she were not exempt under section 13 thereof; (2) the State or local minimum wage for the most nearly comparable covered employment; or (3) the prevailing rates of pay for persons employed in similar public occupations by the same employer. (b) No service provided to a public housing resident or to a resident of a housing project assisted under section 202 of the Housing Act of 1959 under this title, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law. (c) Individuals receiving services assisted under this title shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law. (d) The Secretary may issue regulations to carry out the provisions of this title. AUTHORIZATION OF APPROPRIATIONS SEC. 411. (a) To carry out the provisions of this title, there are authorized to be appropriated (1) for fiscal year 1979, not to exceed $20,000,000; (2) for fiscal year 1980, not to exceed $25,000,000; (5) for fiscal year 1984, not to exceed $4,000,000; and (b) Sums appropriated pursuant to this section shall remain available until expended. Approved October 31, 1978. EXCERPT FROM HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983 [Public Law 98-181; 97 Stat. 1186] EMERGENCY SHELTER PROGRAM SEC. 216. There are authorized to be appropriated not to exceed $60,000,000 for fiscal year 1984 for the Secretary of Housing and Urban Development to make grants to States, units of general local government, and Indian tribes, and nonprofit organizations which will operate programs on behalf of such units of general local government and Indian tribes, for the provision of shelter and essential services for individuals who are subject to life-threatening situations because of their lack of housing. Such grants shall be awarded on the basis of the extent of the need for emergency housing in the area where the project is, or will be, located, taking into account regional variations in the cost of providing shelter. Such grants may be used to rehabilitate existing structures in order to provide basic shelter, to maintain structures providing such shelter, to pay for utilities and the furnishing of such shelters, to provide for any health and safety measures that are required to protect the individuals using such shelter, and for any activity described in section 105(a) of the Housing and Community Development Act of 1974 that is consistent with the purposes of this section. A structure which is rehabilitated with assistance under this section shall be used for emergency housing for a period of not less than 3 years after such rehabilitation. In providing grants under this section, the Secretary of Housing and Urban Development shall take into consideration the special needs of families and single women. Approved November 30, 1983. EXCERPT FROM SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1984 [Public Law 98-396; 98 Stat. 1369, 1382] FEDERAL EMERGENCY MANAGEMENT AGENCY EMERGENCY FOOD AND SHELTER PROGRAM 1 There is hereby appropriated $70,000,000 to the Federal Emergency Management Agency, to remain available until December 31, 1984, to carry out an emergency food and shelter program. Notwithstanding any other provision of this or any other Act, such amount shall be made available under the terms and conditions of the following paragraphs: The Director of the Federal Emergency Management Agency shall, as soon as practicable after enactment of this Act, constitute a national board for the purpose of determining how the program funds are to be distributed to individual localities. The national 1 This is the most recent authorization and appropriation for the program. The program was first authorized by the Act of March 24, 1983 (Pub. L. 98-8). It was subsequently authorized by the Act of November 14, 1983 (Pub. L. 98-151) and the Supplemental Appropriations Act, 1984 (Pub. L. 98-181). |