[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Notices]
[Pages 4366-4367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1016]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Program Support Center


Use of Federal Real Property To Assist the Homeless

AGENCY: Program Support Center, HHS.

ACTION: Notice of proposed policy change; request for comments.

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SUMMARY: Title V of the McKinney-Vento Homeless Assistance Act, 42 
U.S.C. 11411 (Title V) authorizes the Secretary of Health and Human 
Services (the Secretary) to make suitable Federal properties 
categorized as excess or surplus available to representatives of 
persons experiencing homelessness as a permissible use in the 
protection of public health. The Department of Health and Human 
Services (HHS) is requesting comment on its proposal to revise its 
current policy under Title V to include permanent supportive housing as 
an allowable use of surplus real property to assist persons 
experiencing homelessness. The purpose of this proposed change is to 
increase the housing and service opportunities available to communities 
as they respond to homelessness, and is consistent with efforts within 
the Federal, state, and local governments, and communities themselves, 
to end chronic homelessness.

DATES: Submit comments on or before February 27, 2006.

ADDRESSES: Send comments to John G. Hicks, Chief, Space Management 
Branch, Division of Property Management, Administration Operations 
Service, Program Support Center, Room 5B-41, Parklawn Building, 5600 
Fishers Lane, Rockville, Maryland 20857. Comments may also be submitted 
electronically, either via the Federal rulemaking public portal http://www.regulations.gov or by e-mailing comments to [email protected].

FOR FURTHER INFORMATION CONTACT: John G. Hicks, Chief, Space Management 
Branch; Telephone number (301) 443-2001.

SUPPLEMENTARY INFORMATION:

I. Background

    The HHS Program Support Center (PSC) administers the Federal Real 
Property Assistance Program, the program that governs the transfer of 
surplus Federal real property for public health purposes under Title 
40, section 550 of the United States Code, ``Public Buildings, 
Property, and Works,'' and the transfer of excess and surplus Federal 
Real Property pursuant to Title V.
    Under Title V of the McKinney Act, a representative of persons 
experiencing homelessness may submit an application to the Secretary of 
HHS to acquire suitable excess or surplus Federal real property for use 
in the assistance of persons experiencing homelessness. In 1991, HHS, 
the Department of Housing and Urban Development (HUD), and the General 
Services Administration (GSA) jointly published a regulation 
implementing the provisions of Title V, codified at 45 CFR part 12a 
(the joint regulation). Title V authorizes the Secretary to make 
property in these categories available to representatives of persons 
experiencing homelessness, by lease or deed, as a public health use 
pursuant to subsections (a) to (d) of section 550 of Title 40, United 
States Code. In accordance with subsection (d) of Title 40, the 
Secretary may propose to sell or lease property assigned to the 
Secretary for use in the protection of the public health, including 
research. To implement both Title V and section 550 of Title 40, the 
Secretary determines

[[Page 4367]]

whether an applicant's proposed program of utilization is an approvable 
public health program, and then recommends to the Administrator which 
excess and surplus real property is needed for that approved program in 
the protection of the public health. 40 U.S.C. 550(d); 45 CFR 12.3(a).
    Title V of the McKinney Act, which was enacted in 1987, directs HHS 
to include, as a permissible use in the protection of public health, 
the furnishing of surplus real property to assist homeless individuals 
and families. Title V does not prescribe appropriate homeless 
assistance programs.
    HHS concluded in 1992 that long-term housing did not constitute an 
appropriate public health use of surplus real property under Title V. 
HHS subsequently adopted the Department of Housing and Urban 
Development's (HUD) standard, limiting occupancy in Title V's 
transitional housing programs to 24 months. Until now, HHS has not 
considered whether the provision of long-term, community-based housing 
linked with supportive services for persons experiencing homelessness 
was a permissible public health use.
    The Secretary exercises the authority to approve permanent 
supportive housing programs for Title V, consistent with HHS' mission 
to protect the public health. There are several critical distinctions 
between the policy decision in 1992 regarding the use of surplus real 
property for low-income housing and the current proposal to allow 
surplus real property to be used for permanent supportive housing. Low-
income housing is defined as subsidized housing opportunities for 
individuals with low incomes. The provision of low-income housing (i.e. 
the Section 8 Housing Choice Voucher Program) is under the purview of 
HUD. HHS, as the nation's public health agency, does not operate low-
income housing programs, and does not possess the experience or 
expertise to complement HUD's mission. The proposed policy revision is 
intended to reaffirm HHS' 1992 determination that the provision of low-
income housing does not constitute an appropriate public health use of 
surplus real property under Title V. In contrast, we are proposing a 
permanent supportive housing program that is long-term, community-
based, and linked to supportive services for homeless persons with 
disabilities.

II. Proposed Policy Revision

    HHS has historically been involved in the provision of permanent 
supportive housing, such as through the Projects for Assistance in 
Transition from Homelessness (PATH) program that is operated in SAMHSA. 
Given HHS' history of involvement in the health service component of 
supportive housing programs, there is precedent to suggest that this 
would be an appropriate public health use of surplus real property 
under Title V.
    Permanent supportive housing is a service model that links housing 
and services together, without the 24-month time limit traditionally 
imposed by a transitional housing program. Initial research thus far 
suggests the effectiveness of permanent supportive housing for 
individuals with disabilities and those who are chronically homeless. 
In several studies, this model has been successful at achieving housing 
stability. For example, placement of homeless people with severe mental 
illness in permanent supportive housing is associated with reductions 
in subsequent use of shelters, hospitalizations, and incarcerations 
(Culhane et al., 2001). Early outcomes in a study of supportive housing 
with integrated services suggest that these services reduced the use of 
emergency health care rooms, psychiatric and detoxification programs as 
well as inpatient care (Corporation for Supportive Housing, 2000). 
Experimental studies comparing the relative impact of case management 
and housing resources suggest that long-term housing resources are 
distinctively effective in reducing homelessness (Rosenheck, 2003).
    The proposed policy revision would allow property acquired through 
the Title V process to be utilized for the development of permanent 
supportive housing programs that provide permanent housing along with 
supportive services to homeless people in need of public health 
assistance and/or services (e.g., substance abuse, mental health, case 
management, and disabled and frail elderly homeless services). This 
change would not preclude communities from using surplus property to 
develop transitional housing programs, emergency shelter programs, or 
any other homeless assistance program currently approvable by HHS, but 
simply expands the options available under Title V.
    For the purpose of the Title V program, permanent supportive 
housing means programs that provide long-term, community-based housing 
that is linked to appropriate supportive health and social services 
(e.g., substance abuse, mental health, case management, and disabled 
and frail elderly services) that enable homeless individuals and 
homeless families with disabilities to maintain housing. Eligible 
populations for this program include homeless individuals with 
disabilities, homeless families with a disabled family member (either 
parent or child), and homeless frail elderly populations.
    The same evaluation criteria outlined in the joint regulation will 
continue to apply to all applications received for consideration under 
Title V, including those requesting property to be used for permanent 
supportive housing. Applicants must fully describe the proposed 
program, demonstrate how the services to be provided will address the 
needs of the homeless population to be served, and otherwise comply 
with the requirements of Title V and the joint agency regulation.
    We invite public comment on all aspects of the proposed policy 
change, particularly on the proposed definition of permanent supportive 
housing.

    Dated: December 19, 2005.
J. Philip VanLandingham,
Deputy Assistant Secretary for Program Support.
[FR Doc. E6-1016 Filed 1-25-06; 8:45 am]
BILLING CODE 4150-03-P