[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 840 Reported in House (RH)]
Union Calendar No. 583
110th CONGRESS
2d Session
H. R. 840
[Report No. 110-906]
To amend the McKinney-Vento Homeless Assistance Act to consolidate the
housing assistance programs for homeless persons under title IV of such
Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2007
Ms. Carson (for herself, Mr. Davis of Kentucky, Ms. Lee, and Mr. Renzi)
introduced the following bill; which was referred to the Committee on
Financial Services
October 2, 2008
Additional sponsors: Ms. Corrine Brown of Florida, Mr. Fattah, Mrs.
Christensen, Mr. McGovern, Ms. Kilpatrick, Mr. Moran of Virginia, Ms.
Castor, Mr. Carnahan, Mr. Sires, Ms. Jackson-Lee of Texas, Mr. Payne,
Mr. Grijalva, Mr. Johnson of Georgia, Mr. Cummings, Ms. Schwartz, Mr.
Davis of Illinois, Mr. Hinojosa, Mr. McHugh, Mr. Cleaver, Ms. Bordallo,
Mr. Stark, Mr. Lynch, Mr. Patrick J. Murphy of Pennsylvania, Mr. Lewis
of Georgia, Ms. Schakowsky, Mr. Clay, Ms. Hirono, Ms. Moore of
Wisconsin, Mr. Rush, Mr. Rangel, Mr. Al Green of Texas, Mr. Lantos, Ms.
Woolsey, Mr. Cohen, Mr. Jefferson, Mr. Bishop of New York, Mrs.
Napolitano, Mr. Holt, Mr. Hinchey, Mr. Honda, Ms. Berkley, Mrs. Jones
of Ohio, Mr. Delahunt, Mr. Blumenauer, Mr. Abercrombie, Ms. Watson,
Mrs. Maloney of New York, Mr. Serrano, Mr. Jackson of Illinois, Mr.
Lewis of Kentucky, Mr. Rothman, Mr. Meek of Florida, Ms. Norton, Mr.
Ellison, Mr. Kagen, Ms. McCollum of Minnesota, Ms. Clarke, Mr. Yarmuth,
Mr. Wilson of Ohio, Mr. Ryan of Ohio, Mr. Scott of Georgia, Mr. Filner,
Mr. Hare, Mr. Pastor, Mr. Udall of New Mexico, Mr. Capuano, Ms. Eshoo,
Mr. Israel, Mr. George Miller of California, Mr. Donnelly, Ms. Sutton,
Mr. Weiner, Ms. Harman, Mr. Wexler, Mr. Gutierrez, Mr. Berry, Mr. Moore
of Kansas, Mr. Berman, Mr. Murtha, Mr. Kildee, Mr. Brady of
Pennsylvania, Ms. Herseth Sandlin, and Mr. Pallone
October 2, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 6, 2007]
_______________________________________________________________________
A BILL
To amend the McKinney-Vento Homeless Assistance Act to consolidate the
housing assistance programs for homeless persons under title IV of such
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of homelessness.
Sec. 4. United States Interagency Council on Homelessness.
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
Sec. 101. Definitions.
Sec. 102. Community homeless assistance planning boards.
Sec. 103. General provisions.
Sec. 104. Protection of personally identifying information by victim
service providers.
Sec. 105. Authorization of appropriations.
TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM
Sec. 201. Grant assistance.
Sec. 202. Eligible activities.
Sec. 203. Participation in Homeless Management Information System.
Sec. 204. Administrative provision.
TITLE III--CONTINUUM OF CARE PROGRAM
Sec. 301. Continuum of care.
Sec. 302. Eligible activities.
Sec. 303. High performing communities.
Sec. 304. Program requirements.
Sec. 305. Selection criteria, allocation amounts, and funding.
Sec. 306. Research.
TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM
Sec. 401. Rural housing stability assistance.
Sec. 402. GAO study of homelessness and homeless assistance in rural
areas.
TITLE V--REPEALS AND CONFORMING AMENDMENTS
Sec. 501. Repeals.
Sec. 502. Conforming amendments.
Sec. 503. Effective date.
Sec. 504. Regulations.
Sec. 505. Amendment to table of contents.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) a lack of affordable housing and limited scale of
housing assistance programs are the primary causes of
homelessness; and
(2) homelessness affects all types of communities in the
United States, including rural, urban, and suburban areas.
(b) Purposes.--The purposes of this Act are--
(1) to consolidate the separate homeless assistance
programs carried out under title IV of the McKinney-Vento
Homeless Assistance Act (consisting of the supportive housing
program and related innovative programs, the safe havens
program, the section 8 assistance program for single-room
occupancy dwellings, and the shelter plus care program) into a
single program with specific eligible activities;
(2) to codify in Federal law the continuum of care planning
process as a required and integral local function necessary to
generate the local strategies for ending homelessness; and
(3) to establish a Federal goal of ensuring that
individuals and families who become homeless return to
permanent housing within 30 days.
SEC. 3. DEFINITION OF HOMELESSNESS.
(a) In General.--Section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--For purposes of this Act, the terms `homeless',
`homeless individual', and `homeless person' means--
``(1) an individual or family who lacks a fixed, regular,
and adequate nighttime residence;
``(2) an individual or family with a primary nighttime
residence that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human
beings, including a car, park, abandoned building, bus or train
station, airport, or camping ground;
``(3) an individual or family living in a supervised
publicly or privately operated shelter designated to provide
temporary living arrangements (including hotels and motels paid
for by Federal, State, or local government programs for low-
income individuals or by charitable organizations, congregate
shelters, and transitional housing);
``(4) an individual who resided in a shelter or place not
meant for human habitation and who is exiting an institution
where he or she temporarily resided; and
``(5) an individual or family who--
``(A) will imminently lose their housing, including
housing they own, rent, or live in without paying rent,
are sharing with others, and rooms in hotels or motels
not paid for by Federal, State, or local government
programs for low-income individuals or by charitable
organizations, as evidenced by--
``(i) a court order resulting from an
eviction action that notifies the individual or
family that they must leave within 14 days;
``(ii) the individual or family having a
primary nighttime residence that is a room in a
hotel or motel and where they lack the
resources necessary to reside there for more
than 14 days;
``(iii) credible evidence indicating that
the owner or renter of the housing will not
allow the individual or family to stay for more
than 14 days, and any oral statement from an
individual or family seeking homeless
assistance that is found to be credible shall
be considered credible evidence for purposes of
this clause; or
``(iv) such other factors that the
Secretary determines will likely result in the
individual or family becoming homeless, which
may include recent history of homelessness or
residential instability;
``(B) has no subsequent residence identified; and
``(C) lacks the resources or support networks
needed to obtain other permanent housing.
``(b) Domestic Violence and Other Dangerous or Life-Threatening
Conditions.--Notwithstanding any other provision of this section, the
Secretary shall consider to be homeless any individual or family who is
fleeing, or is attempting to flee, domestic violence, dating violence,
sexual assault, stalking, or other dangerous or life-threatening
conditions in the individual's or family's current housing situation,
including where the health and safety of children are jeopardized, and
who have no other residence and lack the resources or support networks
to obtain other permanent housing.''.
(b) Regulations.--Not later than the expiration of the 6-month
period beginning upon the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue regulations that
provide sufficient guidance to recipients of funds under title IV of
the McKinney-Vento Homeless Assistance Act to allow uniform and
consistent implementation of the requirements of section 103 of such
Act, as amended by subsection (a) of this section. This subsection
shall take effect on the date of the enactment of this Act.
(c) Clarification of Effect on Other Laws.--This section and the
amendments made by this section to section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302) may not be construed to
affect, alter, limit, annul, or supersede any other provision of
Federal law providing a definition of ``homeless'', ``homeless
individual'', or ``homeless person'' for purposes other than such Act,
except to the extent that such provision refers to such section 103 or
the definition provided in such section 103.
(d) GAO Study.--The Comptroller General of the United States shall
conduct a study to examine and determine the following:
(1) The best available point-in-time and longitudinal
estimates available of the number of individuals and families
nationwide who are homeless--
(A) as such term is defined in section 103(a) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a)), as in effect immediately before the
enactment of this Act;
(B) as such term is defined in paragraphs (1)
through (4) of section 103(a) of such Act, as amended
by this section;
(C) as such term is defined in section 103(a)(5) of
such Act, as amended by this section (relating to
imminent loss of housing); and
(D) as such term is defined in other provisions of
Federal law.
(2) The best estimates available of the overlap among the
populations included in the estimates under subparagraphs (A)
through (D) of paragraph (1).
(3) The quality of the data underlying the each of the
estimates under subparagraphs (A) through (D) of paragraph (1).
(4) The cost and feasibility of conducting high-quality
nationwide point-in-time counts, and longitudinal counts over a
duration of more than one year, of homeless individuals and
families under each of the definitions of homelessness referred
to in subparagraphs (A) through (D) of paragraph (1).
(5) The best available longitudinal data, covering a
minimum of six months, on the residential movement of
individuals and families who are homeless under the definitions
referred to in paragraph (1)(D), but not under the definitions
referred to in paragraph (1)(A) or (1)(B), into circumstances
that meet the definition of homelessness under paragraph (1)(A)
or (1)(B).
(6) The best available data to enable prediction of whether
an individual or family that is homeless under the definitions
referred to in paragraph (1)(D), but not under the definition
referred to in paragraph (1)(A) or (1)(B), will within the next
12 months meet the definition of homelessness under paragraph
(1)(A) or (1)(B).
(7) The best available research on the effectiveness of
activities eligible for funding under this title IV of the
McKinney-Vento Homeless Assistance Act at improving the housing
conditions of households described in paragraph (1)(D), but not
in subparagraphs (A) through (C) of paragraph (1).
(8) The best available data on the childhood housing, child
welfare, and other experiences of adults who are currently
homeless, including individuals or heads of household who are
chronically homeless, to determine whether homelessness as a
child, as defined under subparagraphs (A) through (D) of
paragraph (1), or other traumatic childhood experiences,
including sexual abuse, predict an increased likelihood of
adult homelessness.
(9) The extent to which the definitions of homeless set
forth in provisions of Federal law other than section 103 of
the McKinney-Vento Homeless Assistance Act fulfill the purposes
of the programs authorized by those provisions.
Not later than the expiration of the 12-month period beginning upon the
date of the enactment of this Act, the Comptroller General shall submit
to the Congress a report setting forth the findings and conclusions of
the study required under this subsection. This subsection shall take
effect on the date of the enactment of this Act.
SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.
(a) In General.--Title II of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11311 et seq.) is amended--
(1) in section 201 (42 U.S.C. 11311), by inserting before
the period at the end the following ``whose mission shall be to
coordinate the Federal response to homelessness and to create a
national partnership at every level of government and with the
private sector to reduce and end homelessness in the nation
while maximizing the effectiveness of the Federal Government in
contributing to the end of homelessness'';
(2) in section 202 (42 U.S.C. 11312)--
(A) in subsection (a)--
(i) by redesignating paragraph (16) as
paragraph (22); and
(ii) by inserting after paragraph (15) the
following:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.
``(17) The Attorney General of the United States, or the
designee of the Attorney General.
``(18) The Director of the Office of Management and Budget,
or the designee of the Director.
``(19) The Director of the Office of Faith-Based and
Community Initiatives, or the designee of the Director.
``(20) The Director of USA FreedomCorps, or the designee of
the Director.
``(21) The Commissioner of the Internal Revenue Service, or
the designee of the Commissioner.'';
(B) in subsection (c), by striking ``annually'' and
inserting ``four times each year, and the rotation of
the positions of Chairperson and Vice Chairperson
required under subsection (b) shall occur at the first
meeting of each year''; and
(C) by adding at the end the following:
``(e) Administration.--The Executive Director of the Council shall
report to the Director of Domestic Policy Council.'';
(3) in section 203(a) (42 U.S.C. 11313(a))--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (2), (3), (4), (5),
(11), (12), and (13), respectively;
(B) by inserting before paragraph (2), as so
redesignated by subparagraph (A), the following:
``(1) not later than 12 months after the date of the
enactment of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008, develop, make available for
public comment, and submit to the President and to Congress a
National Strategic Plan to End Homelessness, and shall update
such plan annually;'';
(C) in paragraph (5), as redesignated by
subparagraph (A), by striking ``at least 2, but in no
case more than 5'' and inserting ``not less than 5, but
in no case more than 10'';
(D) by inserting after paragraph (5), as so
redesignated by subparagraph (A), the following:
``(6) encourage the creation of State Interagency Councils
on Homelessness and the formulation of jurisdictional 10-year
plans to end homelessness at state, city, and county levels;
``(7) annually obtain from Federal agencies their
identification of consumer-oriented entitlement and other
resources for which persons experiencing homelessness may be
eligible and the agencies' identification of improvements to
ensure access; develop mechanisms to ensure access by persons
experiencing homelessness to all Federal, State, and local
programs for which the persons are eligible, and to verify
collaboration among entities within a community that receive
Federal funding under programs targeted for persons
experiencing homelessness, and other programs for which persons
experiencing homelessness are eligible, including mainstream
programs identified by the Government Accountability Office in
the reports entitled `Homelessness: Coordination and Evaluation
of Programs Are Essential', issued February 26, 1999, and
`Homelessness: Barriers to Using Mainstream Programs', issued
July 6, 2000;
``(8) conduct research and evaluation related to its
functions as defined in this section;
``(9) develop joint federal agency and other initiatives to
fulfill the goals of the agency;
``(10) participate in Federal agency policy development,
and development, review, evaluation, and timing of all related
Federal funding competitions;'';
(E) in paragraph (12), as so redesignated by
subparagraph (A), by striking ``and'' at the end;
(F) in paragraph (13), as so redesignated by
subparagraph (A), by striking the period at the end and
inserting a semicolon;
(G) by adding at the end the following new
paragraphs:
``(14) develop constructive alternatives to criminalizing
homelessness and eliminate laws and policies that prohibit
sleeping, feeding, sitting, resting, or lying in public spaces
when there are no suitable alternatives, result in the
destruction of a homeless person's property without due
process, or are selectively enforced against homeless persons;
and
``(15) not later than the expiration of the 6-month period
beginning upon completion of the study required under section
3(d) of the Homeless Emergency Assistance and Rapid Transition
to Housing Act of 2008, convene a meeting of representatives of
all Federal agencies and committees of the House of
Representatives and the Senate having jurisdiction over any
Federal program to assist homeless individuals or families,
local and State governments, academic researchers who
specialize in homelessness, nonprofit housing and service
providers that receive funding under any Federal program to
assist homeless individuals or families, organizations
advocating on behalf of such nonprofit providers and homeless
persons receiving housing or services under any such Federal
program, and homeless persons receiving housing or services
under any such Federal program, at which meeting such
representatives shall discuss all issues relevant to whether
the definitions of `homeless' under paragraphs (1) through (4)
of section 103(a) of the McKinney-Vento Homeless Assistance
Act, as amended by section 3 of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008, should
be modified by the Congress, including whether there is a
compelling need for a uniform definition of homelessness under
Federal law, the extent to which the differences in such
definitions create barriers for individuals to accessing
services and to collaboration between agencies, and the
relative availability, and barriers to access by persons
defined as homeless, of mainstream programs identified by the
Government Accountability Office in the two reports identified
in paragraph (7) of this subsection; and shall submit
transcripts of such meeting, and any majority and dissenting
recommendations from such meetings, to each committee of the
House of Representatives and the Senate having jurisdiction
over any Federal program to assist homeless individuals or
families not later than the expiration of the 60-day period
beginning upon conclusion of such meeting.''.
(4) in section 203(b) (42 U.S.C. 11313(b))--
(A) in paragraph (1)--
(i) by striking ``Federal'' and inserting
``national'';
(ii) by striking ``; and'' and inserting
``and pay for expenses of attendance at
meetings which are concerned with the functions
or activities for which the appropriation is
made;'';
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (2) the following:
``(3) establish a National Advisory Panel to advise and
assist the Council in achieving its mission by convening a
national group of experts in policy and practice from the
public and private sector, including consumers.'';
(5) in section 203(c)(1) (42 U.S.C. 11313(c)(1))--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and'';
(C) by adding at the end the following:
``(D) efforts by such agency to prevent
homelessness through agency initiatives in targeted or
mainstream programs.'';
(6) in section 204, by striking subsection (a) and
inserting the following:
``(a) Director.--The President shall appoint an Executive Director,
with the advice and consent of the Senate, who shall serve at the
pleasure of the President, and who shall be compensated at a rate not
to exceed the maximum level for the Senior Executive Service.''.
(7) in section 205(d) (42 U.S.C. 11315(d)), by striking
``property.'' and inserting ``property, both real and personal,
public and private, without fiscal year limitation, for the
purpose of aiding or facilitating the work of the Council.'';
and
(8) by striking section 208 (42 U.S.C. 11318) and inserting
the following:
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$3,000,000 for fiscal year 2009 and such sums as may be necessary for
fiscal years 2010, 2011, 2012, and 2013. Any amounts appropriated to
carry out this title shall remain available until expended.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on, and shall apply beginning on, the date of the enactment
of this Act .
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
SEC. 101. DEFINITIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle A--General Provisions'';
(2) by redesignating sections 401 and 402 (42 U.S.C. 11361,
11362) as sections 403 and 406, respectively; and
(3) by inserting before section 403 (as so redesignated by
paragraph (2) of this section) the following new section:
``SEC. 401. DEFINITIONS.
``For purposes of this title:
``(1) At risk of homelessness.--The term `at risk of
homelessness' means, with respect to an individual or family,
that the individual or family--
``(A) has income below 30 percent of median income
for the geographic area;
``(B) has insufficient resources immediately
available to attain housing stability; and
``(C)(i) has moved frequently because of economic
reasons;
``(ii) is living in the home of another because of
economic hardship;
``(iii) has been notified that their right to
occupy their current housing or living situation will
be terminated;
``(iv) lives in a hotel or motel;
``(v) lives in severely overcrowded housing;
``(vi) is exiting an institution; or
``(vii) otherwise lives in housing that has
characteristics associated with instability and an
increased risk of homelessness.
Such term includes all families with children and youth
defined as homeless under other Federal statutes.
``(2) Chronically homeless.--
``(A) In general.--The term `chronically homeless'
means, with respect to an individual or family, that
the individual or family--
``(i) is homeless and lives or resides in a
place not meant for human habitation, a safe
haven, or in an emergency shelter;
``(ii) has been homeless and living or
residing in a place not meant for human
habitation, a safe haven, or in an emergency
shelter continuously for at least 1 year or on
at least 4 separate occasions in the last 3
years; and
``(iii) has an adult head of household (or
a minor head of household if no adult is
present in the household) with a diagnosable
substance use disorder, serious mental illness,
developmental disability (as defined in section
102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), post traumatic stress disorder,
cognitive impairments resulting from a brain
injury, or chronic physical illness or
disability, including the co-occurrence of 2 or
more of those conditions.
``(B) Rule of construction.--A person who currently
lives or resides in an institutional care facility,
including a jail, substance abuse or mental health
treatment facility, hospital or other similar facility,
and has resided there for fewer than 90 days shall be
considered chronically homeless if such person met all
of the requirements described in subparagraph (A) prior
to entering that facility.
``(3) Collaborative applicant.--The term `collaborative
applicant' means an entity that--
``(A) carries out the duties specified in section
402;
``(B) serves as the applicant for project sponsors
who jointly submit a single application for a grant
under subtitle C in accordance with a collaborative
process; and
``(C) if the entity is a legal entity and is
awarded such grant, receives such grant directly from
the Secretary.
``(4) Collaborative application.--The term `collaborative
application' means an application for a grant under subtitle C
that--
``(A) satisfies section 422; and
``(B) is submitted to the Secretary by a
collaborative applicant.
``(5) Consolidated plan.--The term `Consolidated Plan'
means a comprehensive housing affordability strategy and
community development plan required in part 91 of title 24,
Code of Federal Regulations.
``(6) Eligible entity.--The term `eligible entity' means,
with respect to a subtitle, a public entity, a private entity,
or an entity that is a combination of public and private
entities, that is eligible to directly receive grant amounts
under such subtitle.
``(7) Families with children and youth defined as homeless
under other federal statutes.--The term `families with children
and youth defined as homeless under other Federal statutes'
means any children or youth that are defined as `homeless'
under any Federal statute other than this subtitle, but are not
defined as homeless under section 103, and shall also include
the parent, parents, or guardian of such children or youth
under subtitle B of title VII this Act (42 U.S.C. 11431 et
seq.).
``(8) Geographic area.--The term `geographic area' means a
State, metropolitan city, urban county, town, village, or other
nonentitlement area, or a combination or consortia of such, in
the United States, as described in section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5306).
``(9) Homeless individual with a disability.--
``(A) In general.--The term `homeless individual
with a disability' means an individual who is homeless,
as defined in section 103, and has a disability that--
``(i)(I) is expected to be long-continuing
or of indefinite duration;
``(II) substantially impedes the
individual's ability to live independently;
``(III) could be improved by the provision
of more suitable housing conditions; and
``(IV) is a physical, mental, or emotional
impairment, including an impairment caused by
alcohol or drug abuse, post traumatic stress
disorder, or brain injury;
``(ii) is a developmental disability, as
defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15002); or
``(iii) is the disease of acquired
immunodeficiency syndrome or any condition
arising from the etiologic agency for acquired
immunodeficiency syndrome.
``(B) Rule.--Nothing in clause (iii) of
subparagraph (A) shall be construed to limit
eligibility under clause (i) or (ii) of subparagraph
(A).
``(10) Legal entity.--The term `legal entity' means--
``(A) an entity described in section 501(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3))
and exempt from tax under section 501(a) of such Code;
``(B) an instrumentality of State or local
government; or
``(C) a consortium of instrumentalities of State or
local governments that has constituted itself as an
entity.
``(11) Metropolitan city; urban county; nonentitlement
area.--The terms `metropolitan city', `urban county', and
`nonentitlement area' have the meanings given such terms in
section 102(a) of the Housing and Community Development Act of
1974 (42 U.S.C. 5302(a)).
``(12) New.--The term `new' means, with respect to housing,
that no assistance has been provided under this title for the
housing.
``(13) Operating costs.--The term `operating costs' means
expenses incurred by a project sponsor operating transitional
housing or permanent housing under this title with respect to--
``(A) the administration, maintenance, repair, and
security of such housing;
``(B) utilities, fuel, furnishings, and equipment
for such housing; or
``(C) coordination of services as needed to ensure
long-term housing stability.
``(14) Outpatient health services.--The term `outpatient
health services' means outpatient health care services, mental
health services, and outpatient substance abuse services.
``(15) Permanent housing.--The term `permanent housing'
means community-based housing without a designated length of
stay, and includes both permanent supportive housing and
permanent housing without supportive services.
``(16) Personally identifying information.--The term
`personally identifying information' means individually
identifying information for or about an individual, including
information likely to disclose the location of a victim of
domestic violence, dating violence, sexual assault, or
stalking, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(D) a Social Security number; and
``(E) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any other non-
personally identifying information, would serve to
identify any individual.
``(17) Private nonprofit organization.--The term `private
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 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.
``(18) Project.--The term `project' means, with respect to
activities carried out under subtitle C, eligible activities
described in section 423(a), undertaken pursuant to a specific
endeavor, such as serving a particular population or providing
a particular resource.
``(19) Project-based.--The term `project-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor;
and
``(ii) an owner of a structure that exists
as of the date the contract is entered into;
and
``(B) provides that rental assistance payments
shall be made to the owner and that the units in the
structure shall be occupied by eligible persons for not
less than the term of the contract.
``(20) Project sponsor.--The term `project sponsor' means,
with respect to proposed eligible activities, the organization
directly responsible for carrying out the proposed eligible
activities.
``(21) Recipient.--Except as used in subtitle B, the term
`recipient' means an eligible entity who--
``(A) submits an application for a grant under
section 422 that is approved by the Secretary;
``(B) receives the grant directly from the
Secretary to support approved projects described in the
application; and
``(C)(i) serves as a project sponsor for the
projects; or
``(ii) awards the funds to project sponsors to
carry out the projects.
``(22) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(23) Serious mental illness.--The term `serious mental
illness' means a severe and persistent mental illness or
emotional impairment that seriously limits a person's ability
to live independently.
``(24) Solo applicant.--The term `solo applicant' means an
entity that is an eligible entity, directly submits an
application for a grant under subtitle C to the Secretary, and,
if awarded such grant, receives such grant directly from the
Secretary.
``(25) Sponsor-based.--The term `sponsor-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor;
and
``(ii) an independent entity that--
``(I) is a private organization;
and
``(II) owns or leases dwelling
units; and
``(B) provides that rental assistance payments
shall be made to the independent entity and that
eligible persons shall occupy such assisted units.
``(26) State.--Except as used in subtitle B, the term
`State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and any other territory or possession of the United
States.
``(27) Supportive services.--The term `supportive services'
means services that address the special needs of people served
by a project, including--
``(A) the establishment and operation of a child
care services program for families experiencing
homelessness;
``(B) the establishment and operation of an
employment assistance program, including providing job
training;
``(C) the provision of outpatient health services,
food, and case management;
``(D) the provision of assistance in obtaining
permanent housing, employment counseling, and
nutritional counseling;
``(E) the provision of outreach services, advocacy,
life skills training, and housing search and counseling
services;
``(F) the provision of mental health services,
trauma counseling, and victim services;
``(G) the provision of assistance in obtaining
other Federal, State, and local assistance available
for residents of supportive housing (including mental
health benefits, employment counseling, and medical
assistance, but not including major medical equipment);
``(H) the provision of legal services for purposes
including requesting reconsiderations and appeals of
veterans and public benefit claim denials and resolving
outstanding warrants that interfere with an
individual's ability to obtain and retain housing;
``(I) the provision of--
``(i) transportation services that
facilitate an individual's ability to obtain
and maintain employment; and
``(ii) health care; and
``(J) other supportive services necessary to obtain
and maintain housing.
``(28) Tenant-based.--The term `tenant-based' means, with
respect to rental assistance, assistance that--
``(A) allows an eligible person to select a housing
unit in which such person will live using rental
assistance provided under subtitle C, except that if
necessary to assure that the provision of supportive
services to a person participating in a program is
feasible, a recipient or project sponsor may require
that the person live--
``(i) in a particular structure or unit for
not more than the first year of the
participation; or
``(ii) within a particular geographic area
for the full period of the participation, or
the period remaining after the period referred
to in subparagraph (A); and
``(B) provides that a person may receive such
assistance and move to another structure, unit, or
geographic area if the person has complied with all
other obligations of the program and has moved out of
the assisted dwelling unit in order to protect the
health or safety of an individual who is or has been
the victim of domestic violence, dating violence,
sexual assault, or stalking, and who reasonably
believed he or she was imminently threatened by harm
from further violence if he or she remained in the
assisted dwelling unit.
``(29) Transitional housing.--The term `transitional
housing' means housing the purpose of which is to facilitate
the movement of individuals and families experiencing
homelessness to permanent housing within 24 months or such
longer period as the Secretary determines necessary.
``(30) Unified funding agency.--The term `unified funding
agency' means a collaborative applicant that performs the
duties described in section 402(g).
``(31) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and
any other population determined to be underserved by the
Secretary, as appropriate.
``(32) Victim service provider.--The term `victim service
provider' means a private nonprofit organization whose primary
mission is to provide services to victims of domestic violence,
dating violence, sexual assault, or stalking. Such term
includes rape crisis centers, battered women's shelters,
domestic violence transitional housing programs, and other
programs.
``(33) Victim services.--The term `victim services' means
services that assist domestic violence, dating violence, sexual
assault, or stalking victims, including services offered by
rape crisis centers and domestic violence shelters, and other
organizations, with a documented history of effective work
concerning domestic violence, dating violence, sexual assault,
or stalking.''.
SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.) is amended by inserting after section 401
(as added by section 101(3) of this Act) the following new section:
``SEC. 402. COLLABORATIVE APPLICANTS.
``(a) Establishment and Designation.--A collaborative applicant
shall be established for a geographic area by the relevant parties in
that geographic area to--
``(1) submit an application for amounts under this
subtitle; and
``(2) perform the duties specified in subsection (f) and,
if applicable, subsection (g).
``(b) No Requirement To Be a Legal Entity.--An entity may be
established to serve as a collaborative applicant under this section
without being a legal entity.
``(c) Remedial Action.--If the Secretary finds that a collaborative
applicant for a geographic area does not meet the requirements of this
section, or if there is no collaborative applicant for a geographic
area, the Secretary may take remedial action to ensure fair
distribution of grant amounts under subtitle C to eligible entities
within that area. Such measures may include designating another body as
a collaborative applicant, or permitting other eligible entities to
apply directly for grants.
``(d) Construction.--Nothing in this section shall be construed to
displace conflict of interest or government fair practices laws, or
their equivalent, that govern applicants for grant amounts under
subtitles B and C.
``(e) Appointment of Agent.--
``(1) In general.--Subject to paragraph (2), a
collaborative applicant may designate an agent to--
``(A) apply for a grant under section 422(c);
``(B) receive and distribute grant funds awarded
under subtitle C; and
``(C) perform other administrative duties.
``(2) Retention of duties.--Any collaborative applicant
that designates an agent pursuant to paragraph (1) shall
regardless of such designation retain all of its duties and
responsibilities under this title.
``(f) Duties.--A collaborative applicant shall--
``(1) design a collaborative process for the development of
an application under subtitle C, and for evaluating the
outcomes of projects for which funds are awarded under subtitle
B, in such a manner as to provide information necessary for the
Secretary--
``(A) to determine compliance with--
``(i) the program requirements under
section 426; and
``(ii) the selection criteria described
under section 427; and
``(B) to establish priorities for funding projects
in the geographic area involved;
``(2) participate in the Consolidated Plan for the
geographic area served by the collaborative applicant;
``(3) ensure operation of, and consistent participation by,
project sponsors in a community-wide homeless management
information system (in this subsection referred to as `HMIS')
that--
``(A) collects unduplicated counts of individuals
and families experiencing homelessness;
``(B) analyzes patterns of use of assistance
provided under subtitles B and C for the geographic
area involved;
``(C) provides information to project sponsors and
applicants for needs analyses and funding priorities;
and
``(D) is developed in accordance with standards
established by the Secretary, including standards that
provide for--
``(i) encryption of data collected for
purposes of HMIS;
``(ii) documentation, including keeping an
accurate accounting, proper usage, and
disclosure, of HMIS data;
``(iii) access to HMIS data by staff,
contractors, law enforcement, and academic
researchers;
``(iv) rights of persons receiving services
under this title;
``(v) criminal and civil penalties for
unlawful disclosure of data; and
``(vi) such other standards as may be
determined necessary by the Secretary; and
``(4) certify as to whether or not the applicable States
and units of general local government are criminalizing
homelessness through the enforcement of any laws or policies
that prohibit sleeping, feeding, sitting, resting, or lying in
public spaces when there are no suitable alternatives, or that
result in the destruction of a homeless person's property
without due process, or through the selective enforcement of
laws or policies against homeless persons.
``(g) Unified Funding.--
``(1) In general.--In addition to the duties described in
subsection (f), a collaborative applicant shall receive from
the Secretary and distribute to other project sponsors in the
applicable geographic area funds for projects to be carried out
by such other project sponsors, if--
``(A) the collaborative applicant--
``(i) applies to undertake such collection
and distribution responsibilities in an
application submitted under this subtitle; and
``(ii) is selected to perform such
responsibilities by the Secretary; or
``(B) the Secretary designates the collaborative
applicant as the unified funding agency in the
geographic area, after--
``(i) a finding by the Secretary that the
applicant--
``(I) has the capacity to perform
such responsibilities; and
``(II) would serve the purposes of
this Act as they apply to the
geographic area; and
``(ii) the Secretary provides the
collaborative applicant with the technical
assistance necessary to perform such
responsibilities as such assistance is agreed
to by the collaborative applicant.
``(2) Required actions by a unified funding agency.--A
collaborative applicant that is either selected or designated
as a unified funding agency for a geographic area under
paragraph (1) shall--
``(A) require each project sponsor who is funded by
a grant received under subtitle C to establish such
fiscal control and fund accounting procedures as may be
necessary to assure the proper disbursal of, and
accounting for, Federal funds awarded to the project
sponsor under subtitle C in order to ensure that all
financial transactions carried out under subtitle C are
conducted, and records maintained, in accordance with
generally accepted accounting principles; and
``(B) arrange for an annual survey, audit, or
evaluation of the financial records of each project
carried out by a project sponsor funded by a grant
received under subtitle C.
``(h) Conflict of Interest.--No board member of a collaborative
applicant may participate in decisions of the collaborative applicant
concerning the award of a grant, or provision of other financial
benefits, to such member or the organization that such member
represents.''.
SEC. 103. GENERAL PROVISIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.) is amended by inserting after section 403
(as so redesignated by section 101(2) of this Act) the following new
sections:
``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.
``(a) In General.--After the expiration of the 2-year period that
begins upon the date of the enactment of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008, and except as
provided in subsection (b), any project sponsor receiving funds under
this title to provide emergency shelter, transitional housing, or
permanent housing to families with children under age 18 shall not deny
admission to any family based on the age of any child under age 18.
``(b) Exception.--Notwithstanding the requirement under subsection
(a), project sponsors of transitional housing receiving funds under
this title may target transitional housing resources to families with
children of a specific age only if the project sponsor--
``(1) operates a transitional housing program that has a
primary purpose of implementing an evidence-based practice that
requires that housing units be targeted to families with
children in a specific age group; and
``(2) provides such assurances, as the Secretary shall
require, that an equivalent appropriate alternative living
arrangement for the whole family or household unit has been
secured.
``SEC. 405. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall make available technical
assistance to private nonprofit organizations and other nongovernmental
entities, States, metropolitan cities, urban counties, and counties
that are not urban counties, to implement effective planning processes
for preventing and ending homelessness, to improve their capacity to
prepare collaborative applications, to prevent the separation of
families in emergency shelter or other housing programs, and to adopt
and provide best practices in housing and services for persons
experiencing homeless.
``(b) Reservation.--The Secretary shall reserve not more than 1
percent of the funds made available for any fiscal year for carrying
out subtitles B and C, to provide technical assistance under subsection
(a).''.
SEC. 104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.), as amended by the preceding provisions
of this title, is further amended by adding at the end the following
new section:
``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
``In the course of awarding grants or implementing programs under
this title, the Secretary shall instruct any victim service provider
that is a recipient or subgrantee not to disclose for purposes of the
Homeless Management Information System any personally identifying
information about any client. The Secretary may, after public notice
and comment, require or ask such recipients and subgrantees to disclose
for purposes of the Homeless Management Information System non-
personally identifying information that has been de-identified,
encrypted, or otherwise encoded. Nothing in this section shall be
construed to supersede any provision of any Federal, State, or local
law that provides greater protection than this subsection for victims
of domestic violence, dating violence, sexual assault, or stalking.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.), as amended by the preceding provisions
of this title, is further amended by adding at the end the following
new section:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title $2,200,000,000 for fiscal year 2010 and such sums as may
be necessary for each of fiscal years 2011, 2012, and 2013.
``(b) Permanent Housing Renewals.--Of the amounts made available
pursuant to subsection (a), $595,000,000 for fiscal year 2010,
$670,000,000 for fiscal year 2011, $745,000,000 for fiscal year 2012,
and $825,000,000 for fiscal year 2013, shall be for renewal for one
year of expiring contracts for leasing, rental assistance, and
operating costs for permanent housing.''.
TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM
SEC. 201. GRANT ASSISTANCE.
Subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11371 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle B--Emergency Solutions Grants Program'';
(2) by striking section 417 (42 U.S.C. 11377);
(3) by redesignating sections 413 through 416 (42 U.S.C.
11373-6) as sections 414 through 417, respectively; and
(4) by striking section 412 (42 U.S.C. 11372) and inserting
the following:
``SEC. 412. GRANT ASSISTANCE.
``The Secretary shall make grants to States and local governments
(and to private nonprofit organizations providing assistance to persons
experiencing homelessness or at risk of homelessness, in the case of
grants made with reallocated amounts) for the purpose of carrying out
activities described in section 415.
``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.
``(a) In General.--Of the amount made available to carry out this
title for a fiscal year, not including the amounts made available under
section 408(b), the Secretary shall allocate nationally 20 percent of
such amount for activities described in section 415. The Secretary
shall be required to certify that such allocation will not adversely
affect the renewal of existing projects under this subtitle and
subtitle C for those individuals or families who are homeless.
``(b) Allocation.--An entity that receives a grant under section
412, and serves an area that includes 1 or more geographic areas (or
portions of such areas) served by collaborative applicants that submit
applications under subtitle C, shall allocate the funds made available
through the grant to carry out activities described in section 415, in
consultation with the collaborative applicants.'';
(5) in section 414(b) (42 U.S.C. 11373(b)), as so
redesignated by paragraph (3) of this section, by striking
``amounts appropriated'' and all that follows through ``for
any'' and inserting ``amounts appropriated under section 408
and made available to carry out this subtitle for any''; and
(6) in section 414, as so redesignated by paragraph (3) of
this section, by adding at the end the following new
subsection:
``(f) Reduction of Funds for Criminalizing Homelessness.--Of the
amount made available to carry out this title for a fiscal year, the
Secretary shall reduce the amount of administrative funds available by
half to any jurisdiction for which a collaborative applicant has
submitted a certification under section 402(f)(4) that the unit of
local government has criminalized homelessness. The funds shall instead
be made available to the collaborative applicant for the jurisdiction.
If no collaborative applicant exists for such jurisdiction, the funds
shall be made available to the State to carry out this title.''.
SEC. 202. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 415 (42 U.S.C. 11374), as so redesignated by section 201(3) of
this Act, and inserting the following new section:
``SEC. 415. ELIGIBLE ACTIVITIES.
``(a) In General.--Assistance provided under section 412 may be
used for the following activities:
``(1) The renovation, major rehabilitation, or conversion
of buildings to be used as emergency shelters.
``(2) The provision of essential services related to
emergency shelter or street outreach, including services
concerned with employment, health, education, family support
services for homeless youth, substance abuse services, victim
services, or mental health services, if--
``(A) such essential services have not been
provided by the local government during any part of the
immediately preceding 12-month period or the Secretary
determines that the local government is in a severe
financial deficit; or
``(B) the use of assistance under this subtitle
would complement the provision of those essential
services.
``(3) Maintenance, operation, insurance, provision of
utilities, and provision of furnishings related to emergency
shelter.
``(4) Provision of rental assistance to provide short-term
or medium-term housing to homeless individuals or families or
individuals or families at risk of homelessness. Such rental
assistance may include tenant-based or project-based rental
assistance.
``(5) Housing relocation or stabilization services for
homeless individuals or families or individuals or families at
risk of homelessness, including housing search, mediation or
outreach to property owners, legal services, credit repair,
providing security or utility deposits, utility payments,
rental assistance for a final month at a location, assistance
with moving costs, or other activities that are effective at--
``(A) stabilizing individuals and families in their
current housing; or
``(B) quickly moving such individuals and families
to other permanent housing.
``(b) Maximum Allocation for Emergency Shelter Activities.--A
grantee of assistance provided under section 412 for any fiscal year
may not use an amount of such assistance for activities described in
paragraphs (1) through (3) of subsection (a) that exceeds the greater
of--
``(1) 50 percent of the aggregate amount of such assistance
provided for the grantee for such fiscal year; or
``(2) the amount expended by such grantee for such
activities during fiscal year most recently completed before
the effective date under section 503 of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008.''.
SEC. 203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION SYSTEM.
Section 416 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11375), as so redesignated by section 201(3) of this Act, is
amended by adding at the end the following new subsection:
``(f) Participation in HMIS.--The Secretary shall ensure that
recipients of funds under this subtitle ensure the consistent
participation by emergency shelters and homelessness prevention and
rehousing programs in any applicable community-wide homeless management
information system.''.
SEC. 204. ADMINISTRATIVE PROVISION.
Section 418 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11378) is amended by striking ``5 percent'' and inserting ``10
percent''.
TITLE III--CONTINUUM OF CARE PROGRAM
SEC. 301. CONTINUUM OF CARE.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by striking the subtitle heading for subtitle C of
title IV (42 U.S.C. 11381 et seq.) and inserting the following:
``Subtitle C--Continuum of Care Program''; and
(2) by striking sections 421 and 422 (42 U.S.C. 11381 and
11382) and inserting the following new sections:
``SEC. 421. PURPOSES.
``The purposes of this subtitle are--
``(1) to promote community-wide commitment to the goal of
ending homelessness;
``(2) to provide funding for efforts by nonprofit providers
and State and local governments to quickly rehouse homeless
individuals and families while minimizing the trauma and
dislocation caused to individuals, families, and communities by
homelessness;
``(3) to promote access to, and effective utilization of,
mainstream programs described in section 203(a)(7) and programs
funded with State or local resources; and
``(4) to optimize self-sufficiency among individuals and
families experiencing homelessness.
``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.
``(a) Projects.--The Secretary shall award grants, on a competitive
basis, and using the selection criteria described in section 427, to
carry out eligible activities under this subtitle for projects that
meet the program requirements under section 426, either by directly
awarding funds to project sponsors or by awarding funds to unified
funding agencies.
``(b) Notification of Funding Availability.--The Secretary shall
release a notification of funding availability for grants awarded under
this subtitle for a fiscal year not later than 3 months after the date
of the enactment of the appropriate Act making appropriations for the
Department of Housing and Urban Development for such fiscal year.
``(c) Applications.--
``(1) Submission to the secretary.--To be eligible to
receive a grant under subsection (a), a project sponsor or
unified funding agency in a geographic area shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require, and containing such information as
the Secretary determines necessary--
``(A) to determine compliance with the program
requirements and selection criteria under this
subtitle; and
``(B) to establish priorities for funding projects
in the geographic area.
``(2) Announcement of awards.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall announce, within
5 months after the last date for the submission of
applications described in this subsection for a fiscal
year, the grants conditionally awarded under subsection
(a) for that fiscal year.
``(B) Transition.--For a period of up to 2 years
beginning after the effective date under section 503 of
the Homeless Emergency Assistance and Rapid Transition
to Housing Act of 2008, the Secretary shall announce,
within 6 months after the last date for the submission
of applications described in this subsection for a
fiscal year, the grants conditionally awarded under
subsection (a) for that fiscal year.
``(d) Obligation, Distribution, and Utilization of Funds.--
``(1) Requirements for obligation.--
``(A) In general.--Not later than 9 months after
the announcement referred to in subsection (c)(2), each
recipient or project sponsor shall meet all
requirements for the obligation of those funds,
including site control, matching funds, and
environmental review requirements, except as provided
in subparagraphs (B) and (C).
``(B) Acquisition, rehabilitation, or
construction.--Not later than 24 months after the
announcement referred to in subsection (c)(2), each
recipient or project sponsor seeking the obligation of
funds for acquisition of housing, rehabilitation of
housing, or construction of new housing for a grant
announced under subsection (c)(2) shall meet all
requirements for the obligation of those funds,
including site control, matching funds, and
environmental review requirements.
``(C) Extensions.--At the discretion of the
Secretary, and in compelling circumstances, the
Secretary may extend the date by which a recipient or
project sponsor shall meet the requirements described
in subparagraphs (A) and (B) if the Secretary
determines that compliance with the requirements was
delayed due to factors beyond the reasonable control of
the recipient or project sponsor. Such factors may
include difficulties in obtaining site control for a
proposed project, completing the process of obtaining
secure financing for the project, obtaining approvals
from State or local governments, or completing the
technical submission requirements for the project.
``(2) Obligation.--Not later than 45 days after a recipient
or project sponsor meets the requirements described in
paragraph (1), the Secretary shall obligate the funds for the
grant involved.
``(3) Distribution.--A recipient that receives funds
through such a grant--
``(A) shall distribute the funds to project
sponsors (in advance of expenditures by the project
sponsors); and
``(B) shall distribute the appropriate portion of
the funds to a project sponsor not later than 45 days
after receiving a request for such distribution from
the project sponsor.
``(4) Expenditure of funds.--The Secretary may establish a
date by which funds made available through a grant announced
under subsection (c)(2) for a homeless assistance project shall
be entirely expended by the recipient or project sponsors
involved. The date established under this paragraph shall not
occur before the expiration of the 24-month period beginning on
the date that funds are obligated for activities described
under paragraphs (1) or (2) of section 423(a). The Secretary
shall recapture the funds not expended by such date. The
Secretary shall reallocate the funds for another homeless
assistance and prevention project that meets the requirements
of this subtitle to be carried out, if possible and
appropriate, in the same geographic area as the area served
through the original grant.
``(e) Renewal Funding for Unsuccessful Applicants.--The Secretary
may renew funding for a specific project previously funded under this
subtitle that the Secretary determines meets the purposes of this
subtitle, and was included as part of a total application that met the
criteria of subsection (c), even if the application was not selected to
receive grant assistance. The Secretary may renew the funding for a
period of not more than 1 year, and under such conditions as the
Secretary determines to be appropriate.
``(f) Considerations in Determining Renewal Funding.--When
providing renewal funding for leasing, operating costs, or rental
assistance for permanent housing, the Secretary shall make adjustments
proportional to increases in the fair market rents in the geographic
area.
``(g) More Than 1 Application for a Geographic Area.--If more than
1 collaborative applicant applies for funds for a geographic area, the
Secretary shall award funds to the collaborative applicant with the
highest score based on the selection criteria set forth in section 427.
``(h) Coordination With Low Income Housing Credit.--Assistance
under this subtitle is intended to facilitate the utilization of Low
Income Housing Credits under section 42 of the Internal Revenue Code of
1986.
``(i) Appeals.--
``(1) In general.--The Secretary shall establish a timely
appeal procedure for grant amounts awarded or denied under this
subtitle pursuant to a collaborative application or solo
application for funding.
``(2) Process.--The Secretary shall ensure that the
procedure permits appeals submitted by entities carrying out
homeless housing and services projects (including emergency
shelters and homelessness prevention programs), and all other
applicants under this subtitle.
``(j) Solo Applicants.--A solo applicant may submit an application
to the Secretary for a grant under subsection (a) and be awarded such
grant on the same basis as such grants are awarded to other applicants
based on the criteria described in section 427, but only if the
Secretary determines that the solo applicant has attempted to
participate in the continuum of care process but was not permitted to
participate in a reasonable manner. The Secretary may award such grants
directly to such applicants in a manner determined to be appropriate by
the Secretary.
``(k) Flexibility To Serve Persons Defined as Homeless Under Other
Federal Laws.--
``(1) In general.--A collaborative applicant may use up to
10 percent of funds awarded under title III (continuum of care
funding) for any of the types of eligible activities specified
in paragraphs (1) through (7) of section 423(a) to serve
families with children and youth defined as homeless under
other Federal statutes, provided that the applicant
demonstrates that the use of such funds is of an equal or
greater priority or is equally or more cost effective in
meeting the overall goals and objectives of the plan submitted
under section 427(b)(1)(B), especially with respect to children
and unaccompanied youth.
``(2) Limitations.--The 10 percent limitation under
paragraph (1) shall not apply to collaborative applicants in
which the rate of homelessness, as calculated under section
427(b)(3), is less than one-tenth of 1 percent of total
population.''.
SEC. 302. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 423 (42 U.S.C. 11383) and inserting the following new section:
``SEC. 423. ELIGIBLE ACTIVITIES.
``(a) In General.--Grants awarded under section 422 to qualified
applicants shall be used to carry out projects that serve homeless
individuals or families that consist of one or more of the following
eligible activities:
``(1) Construction of new housing units to provide
transitional or permanent housing.
``(2) Acquisition or rehabilitation of a structure to
provide transitional or permanent housing, other than emergency
shelter, or to provide supportive services.
``(3) Leasing of property, or portions of property, not
owned by the recipient or project sponsor involved, for use in
providing transitional or permanent housing, or providing
supportive services.
``(4) Provision of rental assistance to provide
transitional or permanent housing to eligible persons. The
rental assistance may include tenant-based, project-based, or
sponsor-based rental assistance. Project-based rental
assistance, sponsor-based rental assistance, and operating cost
assistance contracts carried out by project sponsors receiving
grants under this section may, at the discretion of the
applicant and the project sponsor, have an initial term of 15
years, with assistance for the first 5 years paid with funds
authorized for appropriation under this Act, and assistance for
the remainder of the term treated as a renewal of an expiring
contract as provided in section 408(b). Project-based rental
assistance may include rental assistance to preserve existing
permanent supportive housing for homeless individuals and
families.
``(5) Payment of operating costs for housing units assisted
under this subtitle or for the preservation of housing that
will serve homeless individuals and families and for which
another form of assistance is expiring or otherwise no longer
available.
``(6) Supportive services for individuals and families who
are currently homeless, who have been homeless in the prior six
months but are currently residing in permanent housing, or who
were previously homeless and are currently residing in
permanent supportive housing.
``(7) Provision of rehousing services, including housing
search, mediation or outreach to property owners, credit
repair, providing security or utility deposits, rental
assistance for a final month at a location, assistance with
moving costs, or other activities that--
``(A) are effective at moving homeless individuals
and families immediately into housing; or
``(B) may benefit individuals and families who in
the prior 6 months have been homeless, but are
currently residing in permanent housing.
``(8) In the case of a collaborative applicant that is a
legal entity, performance of the duties described under section
402(f)(3).
``(9) Operation of, participation in, and ensuring
consistent participation by project sponsors in, a community-
wide homeless management information system.
``(10) In the case of a collaborative applicant that is a
legal entity, payment of administrative costs related to
meeting the requirements described in paragraphs (1) and (2) of
section 402(f), for which the collaborative applicant may use
not more than 3 percent of the total funds made available in
the geographic area under this subtitle for such costs.
``(11) In the case of a collaborative applicant that is a
unified funding agency under section 402(g), payment of
administrative costs related to meeting the requirements of
that section, for which the unified funding agency may use not
more than 3 percent of the total funds made available in the
geographic area under this subtitle for such costs, in addition
to funds used under paragraph (10).
``(12) Payment of administrative costs to project sponsors,
for which each project sponsor may use not more than 10 percent
of the total funds made available to that project sponsor
through this subtitle for such costs.
``(b) Minimum Grant Terms.--The Secretary may impose minimum grant
terms of up to 5 years for new projects providing permanent housing.
``(c) Use Restrictions.--
``(1) Acquisition, rehabilitation, and new construction.--A
project that consists of activities described in paragraph (1)
or (2) of subsection (a) shall be operated for the purpose
specified in the application submitted for the project under
section 422 for not less than 20 years.
``(2) Other activities.--A project that consists of
activities described in any of paragraphs (3) through (12) of
subsection (a) shall be operated for the purpose specified in
the application submitted for the project under section 422 for
the duration of the grant period involved.
``(3) Conversion.--If the recipient or project sponsor
carrying out a project that provides transitional or permanent
housing submits a request to the Secretary to carry out instead
a project for the direct benefit of low-income persons, and the
Secretary determines that the initial project is no longer
needed to provide transitional or permanent housing, the
Secretary may approve the project described in the request and
authorize the recipient or project sponsor to carry out that
project.
``(d) Repayment of Assistance and Prevention of Undue Benefits.--
``(1) Repayment.--If a recipient or project sponsor
receives assistance under section 422 to carry out a project
that consists of activities described in paragraph (1) or (2)
of subsection (a) and the project ceases to provide
transitional or permanent housing--
``(A) earlier than 10 years after operation of the
project begins, the Secretary shall require the
recipient or project sponsor to repay 100 percent of
the assistance; or
``(B) not earlier than 10 years, but earlier than
20 years, after operation of the project begins, the
Secretary shall require the recipient or project
sponsor to repay 10 percent of the assistance for each
of the years in the 20-year period for which the
project fails to provide that housing.
``(2) Prevention of undue benefits.--Except as provided in
paragraph (3), if any property is used for a project that
receives assistance under subsection (a) and consists of
activities described in paragraph (1) or (2) of subsection (a),
and the sale or other disposition of the property occurs before
the expiration of the 20-year period beginning on the date that
operation of the project begins, the recipient or project
sponsor who received the assistance shall comply with such
terms and conditions as the Secretary may prescribe to prevent
the recipient or project sponsor from unduly benefitting from
such sale or disposition.
``(3) Exception.--A recipient or project sponsor shall not
be required to make the repayments, and comply with the terms
and conditions, required under paragraph (1) or (2) if--
``(A) the sale or disposition of the property used
for the project results in the use of the property for
the direct benefit of very low-income persons;
``(B) all of the proceeds of the sale or
disposition are used to provide transitional or
permanent housing meeting the requirements of this
subtitle;
``(C) project-based rental assistance or operating
cost assistance from any Federal program or an
equivalent State or local program is no longer made
available and the project is meeting applicable
performance standards, provided that the portion of the
project that had benefitted from such assistance
continues to meet the tenant income and rent
restrictions for low-income units under section 42(g)
of the Internal Revenue Code of 1986; or
``(D) there are no individuals and families in the
geographic area who are homeless, in which case the
project may serve individuals and families at risk of
homelessness.
``(e) Staff Training.--The Secretary may allow reasonable costs
associated with staff training to be included as part of the activities
described in subsection (a).
``(f) Eligibility for Permanent Housing.--Any project that receives
assistance under subsection (a) and that provides project-based or
sponsor-based permanent housing for homeless individuals or families
with a disability, including projects that meet the requirements of
subsection (a) and subsection (d)(2)(A) of section 428 may also serve
individuals who had previously met the requirements for such project
prior to moving into a different permanent housing project.
``(g) Administration of Rental Assistance.--Provision of permanent
housing rental assistance shall be administered by a State, unit of
general local government, or public housing agency.''.
SEC. 303. HIGH PERFORMING COMMUNITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 424 (42 U.S.C. 11384) and inserting the following:
``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.
``(a) Designation as a High-Performing Community.--
``(1) In general.--The Secretary shall designate, on an
annual basis, which collaborative applicants represent high-
performing communities.
``(2) Consideration.--In determining whether to designate a
collaborative applicant as a high-performing community under
paragraph (1), the Secretary shall establish criteria to ensure
that the requirements described under paragraphs (1)(B) and
(2)(B) of subsection (d) are measured by comparing homeless
individuals and families under similar circumstances, in order
to encourage projects in the geographic area to serve homeless
individuals and families with more severe barriers to housing
stability.
``(3) 2-year phase in.--In each of the first 2 years after
the effective date under section 503 of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008, the
Secretary shall designate not more than 10 collaborative
applicants as high-performing communities.
``(4) Excess of qualified applicants.--If, during the 2-
year period described under paragraph (2), more than 10
collaborative applicants could qualify to be designated as
high-performing communities, the Secretary shall designate the
10 that have, in the discretion of the Secretary, the best
performance based on the criteria described under subsection
(d).
``(5) Time limit on designation.--The designation of any
collaborative applicant as a high-performing community under
this subsection shall be effective only for the year in which
such designation is made. The Secretary, on an annual basis,
may renew any such designation.
``(b) Application.--
``(1) In general.--A collaborative applicant seeking
designation as a high-performing community under subsection (a)
shall submit an application to the Secretary at such time, and
in such manner as the Secretary may require.
``(2) Content of application.--In any application submitted
under paragraph (1), a collaborative applicant shall include in
such application--
``(A) a report showing how any money received under
this subtitle in the preceding year was expended; and
``(B) information that such applicant can meet the
requirements described under subsection (d).
``(3) Publication of application.--The Secretary shall--
``(A) publish any report or information submitted
in an application under this section in the geographic
area represented by the collaborative applicant; and
``(B) seek comments from the public as to whether
the collaborative applicant seeking designation as a
high-performing community meets the requirements
described under subsection (d).
``(c) Use of Funds.--Funds awarded under section 422(a) to a
project sponsor who is located in a high-performing community may be
used--
``(1) for any of the eligible activities described in
section 423; or
``(2) for any of the eligible activities described in
paragraphs (4) and (5) of section 415(a).
``(d) Definition of High-Performing Community.--For purposes of
this section, the term `high-performing community' means a geographic
area that demonstrates through reliable data that all five of the
following requirements are met for that geographic area:
``(1) Term of homelessness.--The mean length of episodes of
homelessness for that geographic area--
``(A) is less than 20 days; or
``(B) for individuals and families in similar
circumstances in the preceding year was at least 10
percent less than in the year before.
``(2) Families leaving homelessness.--Of individuals and
families--
``(A) who leave homelessness, fewer than 5 percent
of such individuals and families become homeless again
at any time within the next 2 years; or
``(B) in similar circumstances who leave
homelessness, the percentage of such individuals and
families who become homeless again within the next 2
years has decreased by at least 20 percent from the
preceding year.
``(3) Community action.--The communities that compose the
geographic area have--
``(A) actively encouraged homeless individuals and
families to participate in homeless assistance services
available in that geographic area; and
``(B) included each homeless individual or family
who sought homeless assistance services in the data
system used by that community for determining
compliance with this subsection.
``(4) Effectiveness of previous activities.--If recipients
in the geographic area have used funding awarded under section
422(a) for eligible activities described under section 415(a)
in previous years based on the authority granted under
subsection (c), that such activities were effective at reducing
the number of individuals and families who became homeless in
that community.
``(5) Flexibility to serve persons defined as homeless
under other federal laws.--With respect to collaborative
applicants exercising the authority under section 422(k) to
serve homeless families with children and youth defined as
homeless under other Federal statutes, effectiveness in
achieving the goals and outcomes identified in subsection
427(b)(1)(F) according to such standards as the Secretary shall
promulgate.
``(e) Cooperation Among Entities.--A collaborative applicant
designated as a high-performing community under this section shall
cooperate with the Secretary in distributing information about
successful efforts within the geographic area represented by the
collaborative applicant to reduce homelessness.''.
SEC. 304. PROGRAM REQUIREMENTS.
Section 426 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11386) is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Site Control.--The Secretary shall require that each
application include reasonable assurances that the applicant will own
or have control of a site for the proposed project not later than the
expiration of the 12-month period beginning upon notification of an
award for grant assistance, unless the application proposes providing
supportive housing assistance under section 423(a)(3) or housing that
will eventually be owned or controlled by the families and individuals
served. An applicant may obtain ownership or control of a suitable site
different from the site specified in the application. If any recipient
or project sponsor fails to obtain ownership or control of the site
within 12 months after notification of an award for grant assistance,
the grant shall be recaptured and reallocated under this subtitle.
``(b) Required Agreements.--The Secretary may not provide
assistance for a proposed project under this subtitle unless the
collaborative applicant involved agrees--
``(1) to ensure the operation of the project in accordance
with the provisions of this subtitle;
``(2) to monitor and report to the Secretary the progress
of the project;
``(3) to ensure, to the maximum extent practicable, that
individuals and families experiencing homelessness are
involved, through employment, provision of volunteer services,
or otherwise, in constructing, rehabilitating, maintaining, and
operating facilities for the project and in providing
supportive services for the project;
``(4) to require certification from all project sponsors
that--
``(A) they will maintain the confidentiality of
records pertaining to any individual or family provided
family violence prevention or treatment services
through the project;
``(B) that the address or location of any family
violence shelter project assisted under this subtitle
will not be made public, except with written
authorization of the person responsible for the
operation of such project;
``(C) they will establish policies and practices
that are consistent with, and do not restrict the
exercise of rights provided by, subtitle B of title
VII, and other laws relating to the provision of
educational and related services to individuals and
families experiencing homelessness;
``(D) in the case of programs that provide housing
or services to families, they will designate a staff
person to be responsible for ensuring that children
being served in the program are enrolled in school and
connected to appropriate services in the community,
including early childhood programs such as Head Start,
part C of the Individuals with Disabilities Education
Act, and programs authorized under subtitle B of title
VII of this Act (42 U.S.C. 11431 et seq.); and
``(E) they will provide data and reports as
required by the Secretary pursuant to the Act;
``(5) if a collaborative applicant is a unified funding
agency under section 402(g) and receives funds under subtitle C
to carry out the payment of administrative costs described in
section 423(a)(11), to establish such fiscal control and fund
accounting procedures as may be necessary to assure the proper
disbursal of, and accounting for, such funds in order to ensure
that all financial transactions carried out with such funds are
conducted, and records maintained, in accordance with generally
accepted accounting principles;
``(6) to monitor and report to the Secretary the provision
of matching funds as required by section 430;
``(7) to take the educational needs of children into
account when families are placed in emergency or transitional
shelter and will, to the maximum extent practicable, place
families with children as close as possible to their school of
origin so as not to disrupt such children's education; and
``(8) to comply with such other terms and conditions as the
Secretary may establish to carry out this subtitle in an
effective and efficient manner.'';
(2) by redesignating subsection (d) as subsection (c);
(3) in the first sentence of subsection (c) (as so
redesignated by paragraph (2) of this subsection), by striking
``recipient'' and inserting ``recipient or project sponsor'';
(4) by striking subsection (e);
(5) by redesignating subsections (f), (g), and (h), as
subsections (d), (e), and (f), respectively;
(6) in the first sentence of subsection (e) (as so
redesignated by paragraph (5) of this section), by striking
``recipient'' each place it appears and inserting ``recipient
or project sponsor'';
(7) by striking subsection (i); and
(8) by redesignating subsection (j) as subsection (g).
SEC. 305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND FUNDING.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by repealing section 429 (42 U.S.C. 11389);
(2) by redesignating sections 427 and 428 (42 U.S.C. 11387,
11388) as sections 432 and 433, respectively; and
(3) by inserting after section 426 the following new
sections:
``SEC. 427. SELECTION CRITERIA.
``(a) In General.--The Secretary shall award funds to recipients
through a national competition between geographic areas based on
criteria established by the Secretary.
``(b) Required Criteria.--
``(1) In general.--The criteria established under
subsection (a) shall include--
``(A) the previous performance of the recipient
regarding homelessness, including performance related
to funds provided under section 412 (except that
recipients applying from geographic areas where no
funds have been awarded under this subtitle, or under
subtitles C, D, E, or F of title IV of this Act, as in
effect prior to the date of the enactment of the
Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2008, shall receive full credit for
performance under this subparagraph), measured by
criteria that shall be announced by the Secretary, that
shall take into account barriers faced by individual
homeless people, and that shall include--
``(i) the length of time individuals and
families remain homeless;
``(ii) the extent to which individuals and
families who leave homelessness experience
additional spells of homelessness;
``(iii) the thoroughness of grantees in the
geographic area in reaching homeless
individuals and families;
``(iv) overall reduction in the number of
homeless individuals and families;
``(v) jobs and income growth for homeless
individuals and families;
``(vi) success at reducing the number of
individuals and families who become homeless;
``(vii) other accomplishments by the
recipient related to reducing homelessness; and
``(viii) for collaborative applicants that
have exercised the authority under section
422(k) to serve families with children and
youth defined as homeless under other Federal
statutes, success in achieving the goals and
outcomes identified in section 427(b)(1)(F);
``(B) the plan of the recipient, which shall
describe--
``(i) how the number of individuals and
families who become homeless will be reduced in
the community;
``(ii) how the length of time that
individuals and families remain homeless will
be reduced;
``(iii) how the recipient will collaborate
with local education authorities to assist in
the identification of individuals and families
who become or remain homeless and are informed
of their eligibility for services under
subtitle B of title VII of this Act (42 U.S.C.
11431 et seq.);
``(iv) the extent to which the recipient
will--
``(I) address the needs of all
relevant subpopulations;
``(II) incorporate comprehensive
strategies for reducing homelessness,
including the interventions referred to
in section 428(d);
``(III) set quantifiable
performance measures;
``(IV) set timelines for completion
of specific tasks;
``(V) identify specific funding
sources for planned activities; and
``(VI) identify an individual or
body responsible for overseeing
implementation of specific strategies;
and
``(v) whether the recipient proposes to
exercise authority to use funds under section
422(k), and if so, how the recipient will
achieve the goals and outcomes identified in
section 427(b)(1)(F);
``(C) the methodology of the recipient used to
determine the priority for funding local projects under
section 422(c)(1), including the extent to which the
priority-setting process--
``(i) uses periodically collected
information and analysis to determine the
extent to which each project has resulted in
rapid return to permanent housing for those
served by the project, taking into account the
severity of barriers faced by the people the
project serves;
``(ii) considers the full range of opinions
from individuals or entities with knowledge of
homelessness in the geographic area or an
interest in preventing or ending homelessness
in the geographic area;
``(iii) is based on objective criteria that
have been publicly announced by the recipient;
and
``(iv) is open to proposals from entities
that have not previously received funds under
this subtitle;
``(D) the extent to which the amount of assistance
to be provided under this subtitle to the recipient
will be supplemented with resources from other public
and private sources, including mainstream programs
identified by the Government Accountability Office in
the two reports described in section 203(a)(7);
``(E) demonstrated coordination by the recipient
with the other Federal, State, local, private, and
other entities serving individuals and families
experiencing homelessness and at risk of homelessness
in the planning and operation of projects;
``(F) for collaborative applicants exercising the
authority under section 422(k) to serve homeless
families with children and youth defined as homeless
under other Federal statutes, program goals and
outcomes, which shall include--
``(i) preventing homelessness among the
subset of such families with children and youth
who are at highest risk of becoming homeless,
as such term is defined for purposes of this
title; or
``(ii) achieving independent living in
permanent housing among such families with
children and youth, especially those who have a
history of doubled-up and other temporary
housing situations or are living in a temporary
housing situation due to lack of available and
appropriate emergency shelter, through the
provision of eligible assistance that directly
contributes to achieving such results including
assistance to address chronic disabilities,
chronic physical health or mental health
conditions, substance addiction, histories of
domestic violence or childhood abuse, or
multiple barriers to employment; and
``(G) such other factors as the Secretary
determines to be appropriate to carry out this subtitle
in an effective and efficient manner.
``(2) Additional criteria.--In addition to the criteria
required under paragraph (1), the criteria established under
paragraph (1) shall also include the need within the geographic
area for homeless services, determined as follows and under the
following conditions:
``(A) Notice.--The Secretary shall inform each
collaborative applicant, at a time concurrent with the
release of the notice of funding availability for the
grants, of the pro rata estimated grant amount under
this subtitle for the geographic area represented by
the collaborative applicant.
``(B) Amount.--
``(i) Basis.--Such estimated grant amount
shall be based on a percentage of the total
funds available, or estimated to be available,
to carry out this subtitle for any fiscal year
that is equal to the percentage of the total
amount available for section 106 of the Housing
and Community Development Act of 1974 (42
U.S.C. 5306) for the prior fiscal year that--
``(I) was allocated to all
metropolitan cities and urban counties
within the geographic area represented
by the collaborative applicant; or
``(II) would have been distributed
to all counties within such geographic
area that are not urban counties, if
the 30 percent portion of the
allocation to the State involved (as
described in subsection (d)(1) of that
section 106) for that year had been
distributed among the counties that are
not urban counties in the State in
accordance with the formula specified
in that subsection (with references in
that subsection to nonentitlement areas
considered to be references to those
counties).
``(ii) Adjustment.--In computing the
estimated grant amount, the Secretary shall
adjust the estimated grant amount determined
pursuant to clause (i) to ensure that--
``(I) 75 percent of the total funds
available, or estimated to be
available, to carry out this subtitle
for any fiscal year are allocated to
the metropolitan cities and urban
counties that received a direct
allocation of funds under section 413
for the prior fiscal year; and
``(II) 25 percent of the total
funds available, or estimated to be
available, to carry out this subtitle
for any fiscal year are allocated--
``(aa) to the metropolitan
cities and urban counties that
did not receive a direct
allocation of funds under
section 413 for the prior
fiscal year; and
``(bb) to counties that are
not urban counties.
``(iii) Combinations or consortia.--For any
collaborative applicant that represents a
combination or consortium of cities or
counties, the estimated grant amount shall be
the sum of the estimated grant amounts for the
cities or counties represented by the
collaborative applicant.
``(3) Homelessness counts.--The Secretary shall not require
that communities conduct an actual count of homeless people
other than those described in paragraphs (1) through (4) of
section 103(a) of this Act (42 U.S.C. 11302(a)).
``(c) Adjustments.--The Secretary may adjust the formula described
in subsection (b)(2) as necessary--
``(1) to ensure that each collaborative applicant has
sufficient funding to renew all qualified projects for at least
one year; and
``(2) to ensure that collaborative applicants are not
discouraged from replacing renewal projects with new projects
that the collaborative applicant determines will better be able
to meet the purposes of this Act.
``SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC ELIGIBLE
ACTIVITIES.
``(a) Minimum Allocation for Permanent Housing for Homeless
Individuals and Families With Disabilities.--
``(1) In general.--From the amounts made available to carry
out this subtitle for a fiscal year, a portion equal to not
less than 30 percent of the sums made available under section
408, not including amounts described in section 408(b), shall
be used for new permanent housing for homeless individuals with
disabilities and homeless families that include such an
individual who is an adult or a minor head of household if no
adult is present in the household.
``(2) Calculation.--In calculating the portion of the
amount described in paragraph (1) that is used for activities
that are described in paragraph (1), the Secretary shall not
count funds made available to renew contracts for existing
projects under section 408(b).
``(3) Adjustments.--The 30 percent figure in paragraph (1)
shall be reduced as follows:
``(A) Proportionately based on need under section
427(b)(2) in geographic areas for which subsection (e)
applies in regard to subsection (d)(2)(A); and
``(B) by two percentage points for every three
percentage points above 35 percent of the amount of
funding provided under subtitle B and this subtitle
that is needed to renew existing grants for one year,
other than those provided for under section 429.
``(4) Termination.--The requirement established in
paragraph (1) shall terminate upon a finding by the Secretary
that since the beginning of 2001 at least 150,000 new units of
permanent housing for homeless individuals and families with
disabilities have been funded under this subtitle.
``(b) Set-Aside for Permanent Housing for Homeless Families With
Children.--From the amounts made available to carry out this subtitle
for a fiscal year, a portion equal to not less than 10 percent of the
sums made available to carry out subtitle B and this subtitle for that
fiscal year shall be used to provide or secure permanent housing for
homeless families with children.
``(c) Treatment of Amounts for Permanent or Transitional Housing.--
Nothing in this Act may be construed to establish a limit on the amount
of funding that an applicant may request under this subtitle for
acquisition, construction, or rehabilitation activities for the
development of permanent housing or transitional housing.
``(d) Incentives for Proven Strategies.--
``(1) In general.--The Secretary shall provide bonuses or
other incentives to geographic areas for using funding under
this subtitle for activities that have been proven to be
effective at reducing homelessness generally, reducing
homelessness for a specific subpopulation, or achieving
homeless prevention and independent living goals as set forth
in section 427(b)(1)(F).
``(2) Rule of construction.--For purposes of this
subsection, activities that have been proven to be effective at
reducing homelessness generally or reducing homelessness for a
specific subpopulation includes--
``(A) permanent supportive housing for chronically
homeless individuals and families;
``(B) for homeless families, rapid rehousing
services, short-term flexible subsidies to overcome
barriers to rehousing, support services concentrating
on improving incomes to pay rent, coupled with
performance measures emphasizing rapid and permanent
rehousing and with leveraging funding from mainstream
family service systems such as Temporary Assistance for
Needy Families and Child Welfare services; and
``(C) any other activity determined by the
Secretary, based on research and after notice and
comment to the public, to have been proven effective at
reducing homelessness generally, reducing homelessness
for a specific subpopulation, or achieving homeless
prevention and independent living goals as set forth in
section 427(b)(1)(F).
``(3) Balance of incentives for proven strategies.--To the
extent practicable, in providing bonuses or incentives for
proven strategies, the Secretary shall seek to maintain a
balance among strategies targeting homeless individuals,
families, and other subpopulations. The Secretary shall not
implement bonuses or incentives that specifically discourage
collaborative applicants from exercising their flexibility to
serve families with children and youth defined as homeless
under other Federal statutes.
``(e) Incentives for Successful Implementation of Proven
Strategies.--If any geographic area demonstrates that it has fully
implemented any of the activities described in subsection (d) for all
homeless individuals and families or for all members of subpopulations
for whom such activities are targeted, that geographic area shall
receive the bonus or incentive provided under subsection (d), but may
use such bonus or incentive for any eligible activity under either
section 423 or paragraphs (4) and (5) of section 415(a) for homeless
people generally or for the relevant subpopulation.
``SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR PERMANENT
HOUSING.
``(a) In General.--Renewal of permanent housing contracts, as
provided under section 408(b), may be funded either under the
appropriations account for this title or may be funded under the
section 8 project-based rental assistance account, except that renewal
under the project-based rental assistance account shall be contingent
on sufficient funding in such account for the full year renewal of all
project-based contracts expiring in such year.
``(b) Renewals.--The sums made available under section 408(b) shall
be available for the renewal of contracts in the case of tenant-based
assistance, successive one-year terms, and in the case of project-based
assistance, successive terms of up to 15 years at the discretion of the
applicant or project sponsor and subject to the availability of annual
appropriations, for rental assistance and housing operation costs
associated with permanent housing projects funded under this subtitle,
or under subtitle C or F (as in effect on the day before the effective
date under section 503 of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008). The Secretary shall determine
whether to renew a contract for such a permanent housing project on the
basis of certification by the collaborative applicant for the
geographic area that--
``(1) there is a demonstrated need for the project; and
``(2) the project complies with program requirements and
appropriate standards of housing quality and habitability, as
determined by the Secretary.
``(c) Construction.--Nothing in this section shall be construed as
prohibiting the Secretary from renewing contracts under this subtitle
in accordance with criteria set forth in a provision of this subtitle
other than this section.
``SEC. 430. MATCHING FUNDING.
``(a) In General.--A collaborative applicant in a geographic area
in which funds are awarded under this subtitle shall specify
contributions from any source other than a grant awarded under this
subtitle, including renewal funding of projects assisted under
subtitles C, D, and F of this title as in effect before the effective
date under section 503 of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008, that shall be made available in the
geographic area in an amount equal to not less than 25 percent of the
funds provided to recipients in the geographic area, except that grants
for leasing shall not be subject to any match requirement.
``(b) Limitations on In-Kind Match.--The cash value of services
provided to the residents or clients of a project sponsor by an entity
other than the project sponsor may count toward the contributions in
subsection (a) only when documented by a memorandum of understanding
between the project sponsor and the other entity that such services
will be provided.
``(c) Countable Activities.--The contributions required under
subsection (a) may consist of--
``(1) funding for any eligible activity described under
section 423; and
``(2) subject to subsection (b), in-kind provision of
services of any eligible activity described under section 423.
``SEC. 431. APPEAL PROCEDURE.
``(a) In General.--With respect to funding under this subtitle, if
certification of consistency with the consolidated plan pursuant to
section 403 is withheld from an applicant who has submitted an
application for that certification, such applicant may appeal such
decision to the Secretary.
``(b) Procedure.--The Secretary shall establish a procedure to
process the appeals described in subsection (a).
``(c) Determination.--Not later than 45 days after the date of
receipt of an appeal described in subsection (a), the Secretary shall
determine if certification was unreasonably withheld. If such
certification was unreasonably withheld, the Secretary shall review
such application and determine if such applicant shall receive funding
under this subtitle.''.
SEC. 306. RESEARCH.
There is authorized to be appropriated $8,000,000, for each of
fiscal years 2010, 2011, 2012, and 2013, for research into the efficacy
of interventions for homeless families, to be expended by the Secretary
of Housing and Urban Development over the 3 years at 3 different sites
to provide services for homeless families and evaluate the
effectiveness of such services.
TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM
SEC. 401. RURAL HOUSING STABILITY ASSISTANCE.
Subtitle G of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11408 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle G--Rural Housing Stability Assistance Program''; and
(2) in section 491--
(A) by striking the section heading and inserting
``rural housing stability grant program.'';
(B) in subsection (a)--
(i) by striking ``rural homelessness grant
program'' and inserting ``rural housing
stability grant program'';
(ii) by inserting ``in lieu of grants under
subtitle C'' after ``eligible organizations'';
and
(iii) by striking paragraphs (1), (2), and
(3), and inserting the following:
``(1) rehousing or improving the housing situations of
individuals and families who are homeless or at risk of
homelessness in the geographic area;
``(2) stabilizing the housing of individuals and families
who are in imminent danger of losing housing; and
``(3) improving the ability of the lowest-income residents
of the community to afford stable housing.'';
(C) in subsection (b)(1)--
(i) by redesignating subparagraphs (E),
(F), and (G) as subparagraphs (I), (J), and
(K), respectively; and
(ii) by striking subparagraph (D) and
inserting the following:
``(D) construction of new housing units to provide
transitional or permanent housing to homeless
individuals and families and individuals and families
at risk of homelessness;
``(E) acquisition or rehabilitation of a structure
to provide supportive services or to provide
transitional or permanent housing, other than emergency
shelter, to homeless individuals and families and
individuals and families at risk of homelessness;
``(F) leasing of property, or portions of property,
not owned by the recipient or project sponsor involved,
for use in providing transitional or permanent housing
to homeless individuals and families and individuals
and families at risk of homelessness, or providing
supportive services to such homeless and at-risk
individuals and families;
``(G) provision of rental assistance to provide
transitional or permanent housing to homeless
individuals and families and individuals and families
at risk of homelessness, such rental assistance may
include tenant-based or project-based rental
assistance;
``(H) payment of operating costs for housing units
assisted under this title;'';
(D) in subsection (b)(2), by striking
``appropriated'' and inserting ``transferred'';
(E) in subsection (c)--
(i) in paragraph (1)(A), by striking
``appropriated'' and inserting ``transferred'';
and
(ii) in paragraph (3), by striking
``appropriated'' and inserting ``transferred'';
(F) in subsection (d)--
(i) in paragraph (5), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (6)--
(I) by striking ``an agreement''
and all that follows through
``families'' and inserting the
following: ``a description of how
individuals and families who are
homeless or who have the lowest incomes
in the community will be involved by
the organization''; and
(II) by striking the period at the
end, and inserting a semicolon; and
(iii) by adding at the end the following:
``(7) a description of consultations that took place within
the community to ascertain the most important uses for funding
under this section, including the involvement of potential
beneficiaries of the project; and
``(8) a description of the extent and nature of
homelessness and of the worst housing situations in the
community.'';
(G) by striking subsections (f) and (g) and
inserting the following:
``(f) Matching Funding.--
``(1) In general.--An organization eligible to receive a
grant under subsection (a) shall specify matching contributions
from any source other than a grant awarded under this subtitle,
that shall be made available in the geographic area in an
amount equal to not less than 25 percent of the funds provided
to recipients in the geographic area, except that grants for
leasing shall not be subject to any match requirement.
``(2) Limitations on in-kind match.--The cash value of
services provided to the beneficiaries or clients of an
eligible organization by an entity other than the organization
may count toward the contributions in paragraph (1) only when
documented by a memorandum of understanding between the
organization and the other entity that such services will be
provided.
``(3) Countable activities.--The contributions required
under paragraph (1) may consist of--
``(A) funding for any eligible activity described
under subsection (b); and
``(B) subject to paragraph (2), in-kind provision
of services of any eligible activity described under
subsection (b).
``(g) Selection Criteria.--The Secretary shall establish criteria
for selecting recipients of grants under subsection (a), including--
``(1) the participation of potential beneficiaries of the
project in assessing the need for, and importance of, the
project in the community;
``(2) the degree to which the project addresses the most
harmful housing situations present in the community;
``(3) the degree of collaboration with others in the
community to meet the goals described in subsection (a);
``(4) the performance of the organization in improving
housing situations, taking account of the severity of barriers
of individuals and families served by the organization;
``(5) for organizations that have previously received
funding under this section, the extent of improvement in
homelessness and the worst housing situations in the community
since such funding began;
``(6) the need for such funds, as determined by the formula
established under section 427(b)(2); and
``(7) any other relevant criteria as determined by the
Secretary.'';
(H) in subsection (h)--
(i) in paragraph (1)--
(I) in paragraph (1)(A), by
striking ``The'' and inserting ``Not
later than 18 months after funding is
first made available pursuant to the
amendments made by title IV of the
Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008,
the''; and
(II) by striking ``providing
housing and other assistance to
homeless persons'' and inserting
``meeting the goals described in
subsection (a)'';
(ii) in paragraph (1)(B), by striking
``address homelessness in rural areas'' and
inserting ``meet the goals described in
subsection (a) in rural areas''; and
(iii) in paragraph (2)--
(I) by striking ``The'' and
inserting ``Not later than 24 months
after funding is first made available
pursuant to the amendment made by title
IV of the Homeless Emergency Assistance
and Rapid Transition to Housing Act of
2008, the'';
(II) by striking ``, not later than
18 months after the date on which the
Secretary first makes grants under the
program,''; and
(III) by striking ``prevent and
respond to homelessness'' and inserting
``meet the goals described in
subsection (a)'';
(I) in subsection (k)--
(i) in paragraph (1), by striking ``rural
homelessness grant program'' and inserting
``rural housing stability grant program''; and
(ii) in paragraph (2)(B)(ii), by striking
``rural census tract'' and inserting ``census
tract where at least 75 percent of the
population is rural'';
(J) in subsection (l)--
(i) by striking the subsection heading and
inserting ``Program Funding.--''; and
(ii) by striking paragraph (1) and
inserting the following:
``(1) In general.--The Secretary shall determine the total
amount of funding attributable under section 427(b)(2) to meet
the needs of any geographic area in the Nation that applies for
funding under this section. The Secretary shall transfer any
amounts determined under this subsection from the Community
Homeless Assistance Program and consolidate such transferred
amounts for grants under this section, except that the
Secretary shall transfer an amount not less than 5 percent of
the amount available under this subtitle for grants under this
section.''; and
(K) by adding at the end the following:
``(m) Division of Funds.--
``(1) Agreement among geographic areas.--If the Secretary
receives an application or applications to provide services in
a geographic area under this subtitle, and also under subtitle
C, the Secretary shall consult with all applicants from the
geographic area to determine whether all agree to proceed under
either this subtitle or under subtitle C.
``(2) Default if no agreement.--If no agreement is reached
under paragraph (1), the Secretary shall proceed under this
subtitle or under subtitle C, depending on which results in the
largest total grant funding to the geographic area.''.
SEC. 402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE IN RURAL
AREAS.
(a) Study and Report.--Not later than the expiration of the 12-
month period beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall conduct a study to
examine homelessness and homeless assistance in rural areas and rural
communities and submit a report to the Congress on the findings and
conclusion of the study. The report shall contain the following
matters:
(1) A general description of homelessness, including the
range of living situations among homeless individuals and
homeless families, in rural areas and rural communities of the
United States, including tribal lands and colonias.
(2) An estimate of the incidence and prevalence of
homelessness among individuals and families in rural areas and
rural communities of the United States.
(3) An estimate of the number of individuals and families
from rural areas and rural communities who migrate annually to
non-rural areas and non-rural communities for homeless
assistance.
(4) A description of barriers that individuals and families
in and from rural areas and rural communities encounter when
seeking to access homeless assistance programs, and
recommendations for removing such barriers.
(5) A comparison of the rate of homelessness among
individuals and families in and from rural areas and rural
communities compared to the rate of homelessness among
individuals and families in and from non-rural areas and non-
rural communities.
(6) A general description of homeless assistance for
individuals and families in rural areas and rural communities
of the United States.
(7) A description of barriers that homeless assistance
providers serving rural areas and rural communities encounter
when seeking to access Federal homeless assistance programs,
and recommendations for removing such barriers.
(8) An assessment of the type and amount of Federal
homeless assistance funds awarded to organizations serving
rural areas and rural communities and a determination as to
whether such amount is proportional to the distribution of
homeless individuals and families in and from rural areas and
rural communities compared to homeless individuals and families
in non-rural areas and non-rural communities.
(9) An assessment of the current roles of the Department of
Housing and Urban Development, the Department of Agriculture,
and other Federal departments and agencies in administering
homeless assistance programs in rural areas and rural
communities and recommendations for distributing Federal
responsibilities, including homeless assistance program
administration and grantmaking, among the departments and
agencies so that service organizations in rural areas and rural
communities are most effectively reached and supported.
(b) Acquisition of Supporting Information.--In carrying out the
study under this section, the Comptroller General shall seek to obtain
views from the following persons:
(1) The Secretary of Agriculture.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Health and Human Services.
(4) The Secretary of Education.
(5) The Secretary of Labor.
(6) The Secretary of Veterans Affairs.
(7) The Executive Director of the United States Interagency
Council on Homelessness.
(8) Project sponsors and recipients of homeless assistance
grants serving rural areas and rural communities.
(9) Individuals and families in or from rural areas and
rural communities who have sought or are seeking Federal
homeless assistance services.
(10) National advocacy organizations concerned with
homelessness, rural housing, and rural community development.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
TITLE V--REPEALS AND CONFORMING AMENDMENTS
SEC. 501. REPEALS.
Subtitles D, E, and F of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 et
seq.) are hereby repealed.
SEC. 502. CONFORMING AMENDMENTS.
(a) Consolidated Plan.--Section 403(1) of the McKinney-Vento
Homeless Assistance Act (as so redesignated by section 101(2) of this
Act), is amended--
(1) by striking ``current housing affordability strategy''
and inserting ``consolidated plan''; and
(2) by inserting before the comma the following:
``(referred to in such section as a `comprehensive housing
affordability strategy')''.
(b) Persons Experiencing Homelessness.--Section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following new subsection:
``(e) Persons Experiencing Homelessness.--Any references in this
Act to homeless individuals (including homeless persons) or homeless
groups (including homeless persons) shall be considered to include, and
to refer to, individuals experiencing homelessness or groups
experiencing homelessness, respectively.''.
(c) Rural Housing Stability Assistance.--Title IV of the McKinney-
Vento Homeless Assistance Act is amended by redesignating subtitle G
(42 U.S.C. 11408 et seq.), as amended by the preceding provisions of
this Act, as subtitle D.
SEC. 503. EFFECTIVE DATE.
Except as specifically provided otherwise in this Act, this Act and
the amendments made by this Act shall take effect on, and shall apply
beginning on--
(1) the expiration of the 18-month period beginning on the
date of the enactment of this Act, or
(2) the expiration of the 3-month period beginning upon
publication by the Secretary of Housing and Urban Development
of final regulations pursuant to section 504,
whichever occurs first.
SEC. 504. REGULATIONS.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the operation of the programs
that are created or modified by this Act.
(b) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 505. AMENDMENT TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
the item relating to the heading for title IV and all that follows
through the item relating to section 492 and inserting the following
new items:
``TITLE IV--HOUSING ASSISTANCE
``Subtitle A--General Provisions
``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation.
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim
service providers.
``Sec. 408. Authorization of appropriations.
``Subtitle B--Emergency Solutions Grants Program
``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.
``Subtitle C--Continuum of Care Program
``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible
activities.
``Sec. 429. Renewal funding and terms of assistance for permanent
housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.
``Subtitle D--Rural Housing Stability Assistance Program
``Sec. 491. Rural housing stability grant program.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless
persons and for turnkey housing.''.
Union Calendar No. 583
110th CONGRESS
2d Session
H. R. 840
[Report No. 110-906]
_______________________________________________________________________
A BILL
To amend the McKinney-Vento Homeless Assistance Act to consolidate the
housing assistance programs for homeless persons under title IV of such
Act, and for other purposes.
_______________________________________________________________________
October 2, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed