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HR 840 IH

110th CONGRESS1stRHCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 840CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 6, 2007CommentsClose CommentsPermalink

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 ServicesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

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 2007'.(b)8’. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents. CommentsClose CommentsPermalink





Sec. 2. Findings and purposes. CommentsClose CommentsPermalink





Sec. 3. Definition of homeless individualness. CommentsClose CommentsPermalink





Sec. 4. United States Interagency Council on Homelessness. CommentsClose CommentsPermalink

TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

Sec. 101. Definitions. CommentsClose CommentsPermalink





Sec. 102. Community homeless assistance planning boards. CommentsClose CommentsPermalink





Sec. 103. Technical assistance and performance reportGeneral provisions. CommentsClose CommentsPermalink





Sec. 104. Protection of personally identifying information by victim service providers. CommentsClose CommentsPermalink





Sec. 105. Authorization of appropriations. CommentsClose CommentsPermalink

TITLE II--EMERGENCY SHELTEROLUTIONS GRANTS PROGRAM

Sec. 201. Grant assistance. CommentsClose CommentsPermalink





Sec. 202. Amount and allocation of assistanceEligible activities. CommentsClose CommentsPermalink





Sec. 203. Eligible activitiesParticipation in Homeless Management Information System. CommentsClose CommentsPermalink





Sec. 204. RepealsAdministrative provision. CommentsClose CommentsPermalink

TITLE III--CONTINUUM OF CARE PROGRAM

Sec. 301. Continuum of care. CommentsClose CommentsPermalink





Sec. 302. Eligible activities. CommentsClose CommentsPermalink





Sec. 303. Program requirementHigh performing communities. CommentsClose CommentsPermalink





Sec. 304. Allocation amounts and fundingProgram requirements. CommentsClose CommentsPermalink





Sec. 305. Selection criteria, allocation amounts, and funding. CommentsClose CommentsPermalink





Sec. 306. Research. CommentsClose CommentsPermalink

Sec. 401. Rural housing stability assistance. CommentsClose CommentsPermalink





Sec. 402. GAO study of homelessness and homeless assistance in rural areas. CommentsClose CommentsPermalink

TITLE IV--REPEALS AND CONFORMING AMENDMENTS

Sec. 4501. Repeals. CommentsClose CommentsPermalink





Sec. 4502. Conforming amendments. CommentsClose CommentsPermalink





Sec. 403503. Effective date. CommentsClose CommentsPermalink





Sec. 504. Regulations. CommentsClose CommentsPermalink





Sec. 505. Amendment to table of contents. CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- The Congress finds that-- CommentsClose CommentsPermalink





(1) a lack of affordable housing and limited scale of housing assistance programs are the primary causes of homelessness; and CommentsClose CommentsPermalink





(2) homelessness affects all types of communities in the United States, including rural, urban, and suburban areas. CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are-- CommentsClose CommentsPermalink





(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, and the rural homeless housing assistanceprogram) into a single program with specific eligible activities; CommentsClose CommentsPermalink





and(2)(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 CommentsClose CommentsPermalink





(3) to establish a Federal goal of ensuring that individuals and families who become homeless return to permanent housing within 30 days. CommentsClose CommentsPermalink

SEC. 3. DEFINITION OF HOMELESS INDIVIDUAL.NESS.

(a) In General- Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsections (b) and (c) as subsections (c) and (d); and CommentsClose CommentsPermalink





(2) by striking subsection (a) and inserting the following new subsection:`(a) In General- For purposes of this Act, the terms `homeless', `homeless individual', and `homeless person'--`(1) mean an individual: CommentsClose CommentsPermalink





‘(a) In General- For purposes of this Act, the terms ‘homeless’, ‘homeless individual’, and ‘homeless person’ means-- CommentsClose CommentsPermalink





‘(1) an individual or family who lacks a fixed, regular, and adequate nighttime residence; CommentsClose CommentsPermalink





and`(2) include--`(A) an individual who--`(i) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;`(ii) is living in a motel, hotel, or camping ground due to the lack of alternative adequate accommodations; or`(iii) is living in an emergency or transitional shelter;`(B) an individual who has‘(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;`(C) an individual who is living in, including a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting; and`(D) an individual living in an institution that provides aairport, or camping ground; CommentsClose CommentsPermalink





‘(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary residence for individuals intended to be institutionalized.'; and(2) in subsection (c)--(A) by striking `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); CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(5) an individual or family who-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) a court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(B) has no subsequent residence identified; and CommentsClose CommentsPermalink





‘(C) lacks the resources or support networks needed to obtain other permanent housing. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(d) GAO Study- The Comptroller General of the United States shall conduct a study to examine and determine the following: CommentsClose CommentsPermalink





(1) The best available point-in-time and longitudinal estimates available of the number of individuals and families nationwide who are homeless-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) as such term is defined in paragraphs (1) through (4) of section 103(a) of such Act, as amended by this section; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(D) as such term is defined in other provisions of Federal law. CommentsClose CommentsPermalink





(2) The best estimates available of the overlap among the populations included in the estimates under subparagraphs (A) through (D) of paragraph (1). CommentsClose CommentsPermalink





(3) The quality of the data underlying the each of the estimates under subparagraphs (A) through (D) of paragraph (1). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(8) The best available data on the childhood housing, child welfare, and other experiences of adults who are currently homeless, including individuals or otherwise detained'; and(B) by inserting after the period 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink

(a) In General- Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended-- CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(2) in section 202 (42 U.S.C. 11312)-- CommentsClose CommentsPermalink





(A) in subsection (a)-- CommentsClose CommentsPermalink





(i) by redesignating paragraph (16) as paragraph (22); and CommentsClose CommentsPermalink





(ii) by inserting after paragraph (15) the following: CommentsClose CommentsPermalink





‘(16) The Commissioner of Social Security, or the designee of the Commissioner. CommentsClose CommentsPermalink





‘(17) The Attorney General of the United States, or the designee of the Attorney General. CommentsClose CommentsPermalink





‘(18) The Director of the Office of Management and Budget, or the designee of the Director. CommentsClose CommentsPermalink





‘(19) The Director of the Office of Faith-Based and Community Initiatives, or the designee of the Director. CommentsClose CommentsPermalink





‘(20) The Director of USA FreedomCorps, or the designee of the Director. CommentsClose CommentsPermalink





‘(21) The Commissioner of the Internal Revenue Service, or the designee of the Commissioner.’; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(e) Administration- The Executive Director of the Council shall report to the Director of Domestic Policy Council.’; CommentsClose CommentsPermalink





(3) in section 203(a) (42 U.S.C. 11313(a))-- CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (11), (12), and (13), respectively; CommentsClose CommentsPermalink





(B) by inserting before paragraph (2), as so redesignated by subparagraph (A), the following: CommentsClose CommentsPermalink





‘(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;’; CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(D) by inserting after paragraph (5), as so redesignated by subparagraph (A), the following: CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(8) conduct research and evaluation related to its functions as defined in this section; CommentsClose CommentsPermalink





‘(9) develop joint federal agency and other initiatives to fulfill the goals of the agency; CommentsClose CommentsPermalink





‘(10) participate in Federal agency policy development, and development, review, evaluation, and timing of all related Federal funding competitions;’; CommentsClose CommentsPermalink





(E) in paragraph (12), as so redesignated by subparagraph (A), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(F) in paragraph (13), as so redesignated by subparagraph (A), by striking the period at the end and inserting a semicolon; CommentsClose CommentsPermalink





(G) by adding at the end the following new paragraphs: CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(4) in section 203(b) (42 U.S.C. 11313(b))-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking ‘Federal’ and inserting ‘national’; CommentsClose CommentsPermalink





(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;’; CommentsClose CommentsPermalink





(B) in paragraph (2), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(C) by inserting after paragraph (2) the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(5) in section 203(c)(1) (42 U.S.C. 11313(c)(1))-- CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking ‘; and’ and inserting a semicolon; CommentsClose CommentsPermalink





(B) in subparagraph (C), by striking the period at the end and inserting ‘; and’; CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





`Such term includes individuals who have been released from prison on probation or parole.' ‘(D) efforts by such agency to prevent homelessness through agency initiatives in targeted or mainstream programs.’; CommentsClose CommentsPermalink





(6) in section 204, by striking subsection (a) and inserting the following: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(8) by striking section 208 (42 U.S.C. 11318) and inserting the following: CommentsClose CommentsPermalink

TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS CommentsClose CommentsPermalink

SEC. 101. DEFINITIONS.

Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended-- CommentsClose CommentsPermalink





(1) by striking the subtitle heading and inserting the following: CommentsClose CommentsPermalink

`‘Subtitle A--General Provisions'’; CommentsClose CommentsPermalink

(2) by redesignating sections 401 and 402 (42 U.S.C. 11361, 11362) as sections 403 and 406, respectively; and CommentsClose CommentsPermalink





(3) by inserting before section 403 (as so redesignated by paragraph (2) of this section) the following new section: CommentsClose CommentsPermalink

`‘SEC. 401. DEFINITIONS.

`For purposes of this title:`(1 ‘For purposes of this title: CommentsClose CommentsPermalink





‘(1) AT RISK OF HOMELESSNESS- The term ‘at risk of homelessness’ means, with respect to an individual or family, that the individual or family-- CommentsClose CommentsPermalink





‘(A) has income below 30 percent of median income for the geographic area; CommentsClose CommentsPermalink





‘(B) has insufficient resources immediately available to attain housing stability; and CommentsClose CommentsPermalink





‘(C)(i) has moved frequently because of economic reasons; CommentsClose CommentsPermalink





‘(ii) is living in the home of another because of economic hardship; CommentsClose CommentsPermalink





‘(iii) has been notified that their right to occupy their current housing or living situation will be terminated; CommentsClose CommentsPermalink





‘(iv) lives in a hotel or motel; CommentsClose CommentsPermalink





‘(v) lives in severely overcrowded housing; CommentsClose CommentsPermalink





‘(vi) is exiting an institution; or CommentsClose CommentsPermalink





‘(vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. CommentsClose CommentsPermalink





Such term includes all families with children and youth defined as homeless under other Federal statutes. CommentsClose CommentsPermalink





‘(2) CHRONICALLY HOMELESS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘chronically homeless’ means, with respect to an individual or family, that the individual or family-- CommentsClose CommentsPermalink





‘(i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) COLLABORATIVE APPLICANT- The term `collaborative applicant' means--`(A) an entity, which may or may not be a Board, that‘collaborative applicant’ means an entity that-- CommentsClose CommentsPermalink





‘(A) carries out the duties specified in section 402; CommentsClose CommentsPermalink





‘(B) serves as the applicant for project sponsors who jointly submit a single application for a grant under subtitle C with the approval of, and in accordance with the collaborative process established by, a Board, and, if awarded such grant, receives such grant directly from the Secretary; or`(B) an individual project sponsor who is an eligible entity under subtitle C and submits an application for a grant under subtitle C, with the approval of, and in accordance with the collaborative process established by, a Board, and, if awarded such in accordance with a collaborative process; and CommentsClose CommentsPermalink





‘(C) if the entity is a legal entity and is awarded such grant, receives such grant directly from the Secretary. CommentsClose CommentsPermalink





`(2‘(4) COLLABORATIVE APPLICATION- The term `collaborative application' means an application for a grant under subtitle C that--`(A) satisfies the requirements of section 422 (including containing the information described in subsections (a) and (c) of section 426); and`(B) is submitted to a Board and then to the Secretary by a collaborative applicant.`(3) COMMUNITY BOARD- The term `community board' means a community homeless assistance planning board established in accordance with section 402.`(4) ‘collaborative application’ means an application for a grant under subtitle C that-- CommentsClose CommentsPermalink





‘(A) satisfies section 422; and CommentsClose CommentsPermalink





‘(B) is submitted to the Secretary by a collaborative applicant. CommentsClose CommentsPermalink





‘(5) CONSOLIDATED PLAN- The term `Consolidated Plan'‘Consolidated Plan’ means a comprehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of Federal Regulations. CommentsClose CommentsPermalink





`(5‘(6) ELIGIBLE ENTITY- The term `eligible entity'‘eligible entity’ means, with respect to a subtitle, a public orentity, a private entity eligible to receive directly grant amounts under that subtitle.`(6), or an entity that is a combination of public and private entities, that is eligible to directly receive grant amounts under such subtitle. CommentsClose CommentsPermalink





‘(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.). CommentsClose CommentsPermalink





‘(8) GEOGRAPHIC AREA- The term `geographic area'‘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). CommentsClose CommentsPermalink





`(7‘(9) HOMELESS INDIVIDUAL WITH A DISABILITY- CommentsClose CommentsPermalink





`(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--` ‘(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-- CommentsClose CommentsPermalink





‘(i)(I) is expected to be long-continuing or of indefinite duration; CommentsClose CommentsPermalink





`‘(II) substantially impedes the individual'’s ability to live independently; CommentsClose CommentsPermalink





`‘(III) could be improved by the provision of more suitable housing conditions; and CommentsClose CommentsPermalink





`‘(IV) is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse;`, post traumatic stress disorder, or brain injury; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





`‘(iii) is the disease of acquired immunodeficiency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome. CommentsClose CommentsPermalink





`‘(B) RULE- Nothing in clause (iii) of subparagraph (A) shall be construed to limit eligibility under clause (i) or (ii) of subparagraph (A).`(8) HOMELESSNESS PREVENTION ACTIVITIES- The term `homelessness prevention activities' means activities designed to help individuals and families avoid becoming homeless, including--`(A) providing financial assistance to individuals and families who have received eviction notices, foreclosure notices, or notices of termination of utility services, if--`(i) the inability of the individual or family to make the required payments is due to a sudden reduction in income;`(ii) the assistance is necessary to avoid eviction, foreclosure, or the termination of services; and`(iii) there is a reasonable prospect that the individual or family will be able to resume payments within a reasonable period of time;`(B) carrying out relocation activities (including providing security or utility deposits, rental assistance for a final month or residence at a location, assistance with moving costs, or rental assistance for not more than 6 months) for moving into transitional or permanent housing individuals and families who--`(i) lack housing;`(ii) are being discharged from a publicly funded facility or institution (such as a health care or treatment facility or institution, child welfare or youth facility, or juvenile or adult correctional institution) or are being terminated from services provided by such facility or institution; and`(iii) have plans, developed collaboratively by the public entities involved and the individuals and families, for securing or maintaining housing after any funding provided under this title is used;`(C) providing family support services that promote reunification of--`(i) youth experiencing homelessness, with their families; and`(ii) children or youth involved with the child welfare or juvenile justice systems, with their parents or guardians; and`(D) carrying out relocation activities (as described in subparagraph (B)) and providing victim services and other supportive services to individuals who are victims of domestic violence, dating violence, sexual assault, or stalking, and are in danger of becoming homeless because of the violence or abuse`(8) INDEPENDENTLY OWNED- The term `independently owned', used with respect to rental assistance, means assistance 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.`(9) LOW-DEMAND PROGRAM- The term `low-demand program' means a program that does not require, but offers, in a non-coercive manner--`(A)(i) health care services, mental health services, and substance abuse services; and`(ii) other supportive services, which may include medication management, education, counseling, advocacy, job training, and assistance in obtaining entitlement benefits or in obtaining such supportive services; and`(B) referrals for services described in subparagraph (A).`(10)A). CommentsClose CommentsPermalink





‘(10) LEGAL ENTITY- The term ‘legal entity’ means-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(B) an instrumentality of State or local government; or CommentsClose CommentsPermalink





‘(C) a consortium of instrumentalities of State or local governments that has constituted itself as an entity. CommentsClose CommentsPermalink





‘(11) METROPOLITAN CITY; URBAN COUNTY; NONENTITLEMENT AREA- The terms `metropolitan city', `urban county', and `nonentitlement area'‘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)). CommentsClose CommentsPermalink





`(11) NEW- The term `new', used‘(12) NEW- The term ‘new’ means, with respect to housing, means housing for which no assistance that no assistance has been provided under this title.`(12) for the housing. CommentsClose CommentsPermalink





‘(13) OPERATING COSTS- The term `operating costs'‘operating costs’ means expenses incurred by a recipient or project sponsor operating--`(A) transitional housing project sponsor operating transitional housing or permanent housing under this title, with respect to--`(i with respect to-- CommentsClose CommentsPermalink





‘(A) the administration, maintenance, repair, and security of such housing; CommentsClose CommentsPermalink





`(ii‘(B) utilities, fuel, furnishings, and equipment for such housing; or CommentsClose CommentsPermalink





`(iii) conducting an assessment under section 426(c)(2); and`(B) supportive housing for homeless individuals or homeless families under this title, with respect to--`(i) the matters described in clauses (i), (ii), and (iii) of subparagraph (A); and`(ii‘(C) coordination of services as needed to ensure long-term housing stability. CommentsClose CommentsPermalink





`(13‘(14) OUTPATIENT HEALTH SERVICES- The term `outpatient health services'‘outpatient health services’ means outpatient health care services, mental health services, and outpatient substance abuse services. CommentsClose CommentsPermalink





`(14‘(15) PERMANENT HOUSING- The term `permanent housing'‘permanent housing’ means community-based housing without a designated length of stay, and includes both permanent supportive housing and permanent housing without supportive services. CommentsClose CommentsPermalink





`(15) PERMANENT HOUSING DEVELOPMENT ACTIVITIES- The term `permanent housing development activities' means activities--`(A) to construct, lease, rehabilitate, or acquire structures to provide permanent housing;`(B) involving tenant-based, independently owned, and project-based flexible rental assistance for permanent housing;`(C) described in paragraphs (1) through (4) of section 423(a); or`(D) involving the capitalization of a dedicated project account from which payments are allocated for rental assistance and operating costs of permanent housing.`(16)‘(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-- CommentsClose CommentsPermalink





`‘(A) a first and last name; CommentsClose CommentsPermalink





`‘(B) a home or other physical address; CommentsClose CommentsPermalink





`‘(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); CommentsClose CommentsPermalink





`(D) a social security number; and` ‘(D) a Social Security number; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





`‘(17) PRIVATE NONPROFIT ORGANIZATION- The term `‘private nonprofit organization' means an organization--`’ means an organization-- CommentsClose CommentsPermalink





‘(A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; CommentsClose CommentsPermalink





`‘(B) that has a voluntary board; CommentsClose CommentsPermalink





`‘(C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and CommentsClose CommentsPermalink





`‘(D) that practices nondiscrimination in the provision of assistance. CommentsClose CommentsPermalink





`(18) PROJECT- The term `project', used‘(18) PROJECT- The term ‘project’ means, with respect to activities carried out under subtitle C, means eligible activities described in section 423(a), undertaken pursuant to a specific endeavor, such as serving a particular population or providing a particular resource. CommentsClose CommentsPermalink





`‘(19) PROJECT-BASED- The term `project-based', used with respect to rental assistance, means assistance‘project-based’ means, with respect to rental assistance, that the assistance is provided pursuant to a contract that-- CommentsClose CommentsPermalink





`(A) is between--`(i) the recipient or a project sponsor; and` ‘(A) is between-- CommentsClose CommentsPermalink





‘(i) the recipient or a project sponsor; and CommentsClose CommentsPermalink





‘(ii) an owner of a structure that exists as of the date the contract is entered into; and CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(20) PROJECT SPONSOR- The term `project sponsor', used‘project sponsor’ means, with respect to proposed eligible activities, means the organization directly responsible for carrying out the proposed eligible activities. CommentsClose CommentsPermalink





`‘(21) RECIPIENT- Except as used in subtitle B, the term `recipient' means an eligible entity who--`‘recipient’ means an eligible entity who-- CommentsClose CommentsPermalink





‘(A) submits an application for a grant under section 422 that is approved by the Secretary; CommentsClose CommentsPermalink





`‘(B) receives the grant directly from the Secretary to support approved projects described in the application; and CommentsClose CommentsPermalink





`‘(C)(i) serves as a project sponsor for the projects; or CommentsClose CommentsPermalink





`‘(ii) awards the funds to project sponsors to carry out the projects. CommentsClose CommentsPermalink





`(22) SAFE HAVEN- The term `safe haven' means a facility--`(A) that provides 24-hour residence for an unspecified duration for persons who, on entry to the facility, are unwilling or unable to participate in mental health or substance abuse services, or to receive other supportive services;`(B) that provides private or semi-private accommodations;`(C) that may provide for the common use of kitchen facilities, dining rooms, and bathrooms;`(D) that may provide supportive services, on a drop-in basis, to eligible persons who are not residents; and`(E) in which overnight occupancy is limited to no more than 25 persons.`(23) SECRETARY- The term `Secretary'‘(22) SECRETARY- The term ‘Secretary’ means the Secretary of Housing and Urban Development. CommentsClose CommentsPermalink





`(24) SERIOUSLY MENTALLY ILL- The term `seriously mentally ill' means having‘(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. CommentsClose CommentsPermalink





`(25‘(24) SOLO APPLICANT- The term `solo applicant'‘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. CommentsClose CommentsPermalink





`(26) ‘(25) SPONSOR-BASED- The term ‘sponsor-based’ means, with respect to rental assistance, that the assistance is provided pursuant to a contract that-- CommentsClose CommentsPermalink





‘(A) is between-- CommentsClose CommentsPermalink





‘(i) the recipient or a project sponsor; and CommentsClose CommentsPermalink





‘(ii) an independent entity that-- CommentsClose CommentsPermalink





‘(I) is a private organization; and CommentsClose CommentsPermalink





‘(II) owns or leases dwelling units; and CommentsClose CommentsPermalink





‘(B) provides that rental assistance payments shall be made to the independent entity and that eligible persons shall occupy such assisted units. CommentsClose CommentsPermalink





‘(26) STATE- Except as used in subtitle B, the term `State' means each of the ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.`, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. CommentsClose CommentsPermalink





‘(27) SUPPORTIVE SERVICES- The term `supportive services' means--`‘supportive services’ means services that address the special needs of people served by a project, including-- CommentsClose CommentsPermalink





‘(A) the establishment and operation of a child care services program for families experiencing homelessness; CommentsClose CommentsPermalink





`‘(B) the establishment and operation of an employment assistance program, including providing job training; CommentsClose CommentsPermalink





`‘(C) the provision of outpatient health services, food, and case management; CommentsClose CommentsPermalink





`(D) the provision of assistance in‘(D) the provision of assistance in obtaining permanent housing, employment counseling, and nutritional counseling; CommentsClose CommentsPermalink





`‘(E) the provision of outreach services, advocacy, life skills training, and housing search and counseling services; CommentsClose CommentsPermalink





`‘(F) the provision of mental health services, trauma counseling, and victim services; CommentsClose CommentsPermalink





`(G) the provision of assistance in‘(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); CommentsClose CommentsPermalink





`‘(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; CommentsClose CommentsPermalink





and`(I) the provision of--` ‘(I) the provision of-- CommentsClose CommentsPermalink





‘(i) transportation services that facilitate an individual'’s ability to obtain and maintain employment;`(ii) income assistance;`(i and CommentsClose CommentsPermalink





‘(ii) health care; and CommentsClose CommentsPermalink





`(iv) other supportive services‘(J) other supportive services necessary to obtain and maintain housing. CommentsClose CommentsPermalink





`‘(28) TENANT-BASED- The term `tenant-based', used with respect to rental assistance, means assistance that--`(A) ‘tenant-based’ means, with respect to rental assistance, assistance that-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





`‘(i) in a particular structure or unit for not more than the first year of the participation;` or CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(29) TRANSITIONAL HOUSING- The term `transitional housing' has the meaning given the term in section 424(b), and includes transitional supportive housing.`(30) ‘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. CommentsClose CommentsPermalink





‘(30) UNIFIED FUNDING AGENCY- The term ‘unified funding agency’ means a collaborative applicant that performs the duties described in section 402(g). CommentsClose CommentsPermalink





‘(31) UNDERSERVED POPULATIONS- The term `underserved populations'‘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. CommentsClose CommentsPermalink





`(31‘(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. CommentsClose CommentsPermalink





`(32‘(33) VICTIM SERVICES- The term `victim services' means services‘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.'’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

`‘SEC. 402. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.`(a) Boards- A community homeless assistance planning boardLLABORATIVE APPLICANTS.

‘(a) Establishment and Designation- A collaborative applicant shall be established for a geographic area by the relevant parties in that geographic area, or designated for a geographic area by the Secretary in accordance with subsection (c), to lead a collaborative planning process to design, execute, and evaluate programs, policies, and practices to prevent and end homelessness.`(b) Membership- A community board established under subsection (a) shall be composed of persons--`(1) who are from a particular geographic area;`(2) not less than 51 percent of whom are--`(A) persons who are experiencing or have experienced homelessness (with not fewer than 2 persons being individuals who are experiencing or have experienced homelessness);`(B) persons who act as advocates for the diverse subpopulations of persons experiencing homelessness, including advocates for homeless veterans, persons who are mentally ill, persons with physical disabilities, youth, victims of domestic violence, and underserved populations;`(C) persons or representatives of organizations who provide assistance to the variety of individuals and families experiencing homelessness, including organizations serving the geographic area which have been awarded funds through Federal Government programs targeted to persons experiencing homelessness; or`(D) one or more local educational agency liaisons designated under section 722(g)(1)(J)(ii) (42 U.S.C. 11432(g)(1)(J)(ii)); and`(3) the remainder of whom are selected from among--`(A) government officials, particularly those officials responsible for administering funding under programs targeted for persons experiencing homelessness and other programs for which persons experiencing homelessness are eligible, including law enforcement officials responsible for persons on parole or probation;`(B) members of the business community;`(C) members of the religious community or faith-based organizations;`(D) members of neighborhood advocacy organizations; and`(E) representatives within the geographic area of the Department of Veterans Affairs and the Social Security Administration.`(c) Existing Planning Bodies- The Secretary may designate an entity to be a community board if such entity has, prior to the date of enactment of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2007, engaged in coordinated, comprehensive local homeless housing and services planning and applied for Federal funding to provide homeless assistance.`(d) to-- CommentsClose CommentsPermalink





‘(1) submit an application for amounts under this subtitle; and CommentsClose CommentsPermalink





‘(2) perform the duties specified in subsection (f) and, if applicable, subsection (g). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Remedial Action- If the Secretary finds that a community boardllaborative applicant for a geographic area does not meet the requirements of this section, the Secretary mayor if there is no collaborative applicant for a geographic area, the Secretary may take remedial action to ensure fair distribution of grant amounts under this titlesubtitle C to eligible entities within that area. Such measures may include designating another body as a community board or permitting eligible llaborative applicant, or permitting other eligible entities to apply directly for grants. CommentsClose CommentsPermalink





`(e‘(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. CommentsClose CommentsPermalink





`(f) Duties- A community board established under subsection (a) shall--`(1)(A) design a collaborative process, established jointly and complied with by ‘(e) Appointment of Agent- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), a collaborative applicant may designate an agent to-- CommentsClose CommentsPermalink





‘(A) apply for a grant under section 422(c); CommentsClose CommentsPermalink





‘(B) receive and distribute grant funds awarded under subtitle C; and CommentsClose CommentsPermalink





‘(C) perform other administrative duties. CommentsClose CommentsPermalink





‘(2) RETENTION OF DUTIES- Any collaborative applicant that designates an agent pursuant to paragraph (1) shall regardless of such designation retain all of its members, for evaluating, reviewing, and prioritizing projects and applications for grantsduties and responsibilities under this title. CommentsClose CommentsPermalink





‘(f) Duties- A collaborative applicant shall-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) to determine compliance with-- CommentsClose CommentsPermalink





‘(i) the program requirements under section 426; and CommentsClose CommentsPermalink





‘(ii) the selection criteria described under section 427; and CommentsClose CommentsPermalink





‘(B) to establish priorities for funding projects in the geographic area involved; CommentsClose CommentsPermalink





‘(2) participate in the Consolidated Plan for the geographic area served by the collaborative applicant; CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) collects unduplicated counts of individuals and families experiencing homelessness; CommentsClose CommentsPermalink





‘(B) analyzes patterns of use of assistance provided under subtitles B and C submitted by eligible entities, in such a manner as to ensure that the entities further the goal of preventing and ending homelessness in the geographic area involved;`(B)(i)(I) review relevant policies and practices (in place and planned) of public and private entities infor the geographic area served by the community board to determine if the policies and practices further or impede the goal described in subparagraph (A);`(II) in conducting the review, give priority to the review of--`(aa) the discharge planning and service termination policies and practices of publicly funded facilities or institutions (such as health care or treatment facilities or institutions, child welfare or youth facilities, or juvenile or adult correctional institutions), and entities carrying out publicly funded programs and systems of care (such as health care or treatment programs or State programs funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.; relating to Temporary Assistance for Needy Families)), to ensure that such a discharge or termination does not result in immediate homelessness for the persons involved; in conducting the review the community board shall provide an estimate of the numbers of individuals discharged from such publicly funded facilities or institutions in the geographic area or applicable State to a homeless situation;`(bb) the access and utilization policies and practices of the entities carrying out mainstream programs as identified by the Government Accountability Office in the February 1999 report entitled, `Homelessness: Coordination and Evaluation of Programs are Essential', to ensure that persons at risk of or experiencing homelessness are able to access and utilize the programs;`(cc) local policies and practices relating to zoning and enforcement of local statutes, to ensure that the policies and practices allow reasonable inclusion and distribution in the geographic area of special involved; CommentsClose CommentsPermalink





‘(C) provides information to project sponsors and applicants for needs populations and families with children and the facilities that serve the populations and families;`(dd) policies and practices relating to the school selection and enrollment of homeless children and youths (as defined in section 725) to ensure that the homeless children and youths, and their parents, are able to exercise their educational rights under subtitle B of title VII;`(ee) policies and practices relating to the placement of families with homeless children and youths (as so defined) in emergency or transitional shelters, to ensure that the children and youths are placed as close as possible to their school of origin in order to facilitate continuity of, and prevent disruption of, educational services;`(ff) laws, ordinances, or policies ofanalyses and funding priorities; and CommentsClose CommentsPermalink





‘(D) is developed in accordance with standards established by the Secretary, including standards that provide for-- CommentsClose CommentsPermalink





‘(i) encryption of data collected for purposes of HMIS; CommentsClose CommentsPermalink





‘(ii) documentation, including keeping an accurate accounting, proper usage, and disclosure, of HMIS data; CommentsClose CommentsPermalink





‘(iii) access to HMIS data by staff, contractors, law enforcement, and academic researchers; CommentsClose CommentsPermalink





‘(iv) rights of persons receiving services under this title; CommentsClose CommentsPermalink





‘(v) criminal and civil penalties for unlawful disclosure of data; and CommentsClose CommentsPermalink





‘(vi) such other standards as may be determined necessary by the Secretary; and CommentsClose CommentsPermalink





‘(4) certify as to whether or not the applicable States and units of general local government that (AA) penalize homeless individuals and families based upon their status as homeless, or (BB) establish status offenses which may result in runaway and homeless youths being adjudicated as delinquent; and`(gg) policies and practices penalizing victims of domestic violence, dating violence, sexual assault, stalking, and placing them at risk of becoming homeless; and`(III) in conducting the review, determine the modifications and corrective actions that need to be taken, and by whom, to ensure that the relevant policies and practices do not stimulate, or prolong, homelessness in the geographic area, or penalize homeless individuals and families, including runaway and homeless youth, based upon their status as homeless;`(ii) inform the entities of the determinations described in clause (i); and`(iii) once every 3 years, prepare for inclusion in any application reviewed by the community board and submitted to the Secretary under section 422, the determinations described in clause (i), in the form of an exhibit entitled `Assessment of Relevant Policies and Practices, and Needed Corrective Actions to End and Prevent Homelessness'; and`(C) if the community board designs and carries out the projects, design and carry out the projects in such a manner as to further the goal described in subparagraph (A);`(2) require, consistent with the Government Performance and Results Act of 1993 and amendments made by that Act, that recipients and project sponsors who are funded by grants received under this title implement and maintain an outcome-based evaluation of their projects that measures effective and timely delivery of housing or servicesare 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. CommentsClose CommentsPermalink





‘(g) Unified Funding- CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to the duties described in subsection (f), a collaborative applicant shall receive from the Secretary and whether provision of such housing or services results in preventing or ending homelessness for the persons that such recipients and project sponsors serve;`(3) require, consistent with the Government Performance and Results Act of 1993 and amendments made by that Act, outcome-based evaluation of the community board's homeless assistance planning process to measure the community board's performance in preventing or ending the homelessness of persons in the community board's geographic area;`(4) participate in the Consolidated Plan for the geographic area served by the community board; and`(5) describe a targeted plan for ensuring housing and services for veterans experiencing homelessness, including coordination with services offered directly by or with thedistribute to other project sponsors in the applicable geographic area funds for projects to be carried out by such other project sponsors, if-- CommentsClose CommentsPermalink





‘(A) the collaborative applicant-- CommentsClose CommentsPermalink





‘(i) applies to undertake such collection and distribution responsibilities in an application submitted under this subtitle; and CommentsClose CommentsPermalink





‘(ii) is selected to perform such responsibilities by the Secretary; or CommentsClose CommentsPermalink





‘(B) the Secretary designates the collaborative applicant as the unified funding agency in the geographic area, after-- CommentsClose CommentsPermalink





‘(i) a finding by the Secretary that the applicant-- CommentsClose CommentsPermalink





‘(I) has the capacity to perform such responsibilities; and CommentsClose CommentsPermalink





‘(II) would serve the purposes of this Act as they apply to the geographic area; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 support of the Department of Veterans Affairs'transactions carried out under subtitle C are conducted, and records maintained, in accordance with generally accepted accounting principles; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 103. TECHNICAL ASSISTANCE AND PERFORMANCE REPORTS.Subtitle AGENERAL 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: CommentsClose CommentsPermalink

`‘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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink

‘SEC. 405. TECHNICAL ASSISTANCE.

`(a) In General- The Secretary shall make available technical assistance to--`(1)‘(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; and`(2) community boards or their predecessor homeless planning bodies in States, metropolitan cities, urban counties, and counties that are not urban counties, to improve their capacity to prepare collaborative applications.`. CommentsClose CommentsPermalink





‘(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. 405. PERFORMANCE REPORTS.`(a) In General- Each community board shall submit to the Secretary an annual performance report regarding the activities carried out with grant amounts received under subtitles B and C in the geographic area served by the community board, at such time and in such manner as the Secretary determines to be reasonable.`(b) Content- The performance report described in subsection (a) shall--`(1) describe the number of persons provided homelessness prevention assistance, and the number of individuals and families experiencing homelessness who were provided shelter, housing, or supportive services, with the grant amounts awarded in the fiscal year prior to the fiscal year in which the report was submitted, including measurements of the number of persons experiencing homelessness who--`(A) entered permanent housing, and the length of time such persons resided in that housing, if known;`(B) entered transitional housing, and the length of time such persons resided in that housing, if known;`(C) obtained or retained jobs;`(D) increased their income, including increasing income through the receipt of government benefits;`(E) received mental health or substance abuse services in an institutional setting and now receive that assistance in a less restrictive, community-based setting;`(F) received additional education, vocational or job training, or employment assistance services;`(G) received additional physical, mental, or emotional health care;`(H) were children under the age of 18 during the year at issue, including the number of--`(i) children who were not younger than 2 and not older than 4, or were infants or toddlers with disabilities (as defined in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432));`(ii) children described in clause (i) who were enrolled in preschool or were receiving services under part C of such Act (20 U.S.C. 1431 et seq.);`(iii) children who were not younger than 5 and not older than 17;`(iv) children described in clause (iii) who are enrolled in elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and`(v) children under the age of 18 who received child care, health care, mental health care, or supplemental educational services; and`(I) were reunited with their families;`(2) estimate the number of persons experiencing homelessness in the geographic area served by the community board who are eligible for, but did not receive, services, housing, or other assistance through the programs funded under subtitles B and C in the prior fiscal year;`(3) indicate the accomplishments achieved within the geographic area to prevent the homelessness of persons discharged from publicly funded institutions or systems of care (such as health care facilities, child welfare or other youth facilities or systems of care, institutions or systems of care relating to the temporary assistance to needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and juvenile or adult corrections programs and institutions);`(4) indicate the accomplishments achieved within the geographic area that involved the use of the grant amounts awarded in the prior fiscal year, regarding efforts to coordinate services and programs within the geographic area;`(5) indicate the accomplishments achieved within the geographic area to increase access, by persons experiencing homelessness, to programs that are not targeted for persons experiencing homelessness (but for which persons experiencing homelessness are eligible), including mainstream programs identified by the Government Accountability Office report entitled `Homelessness: Coordination and Evaluation of Programs are Essential' issued in February 26, 1999, and by the Government Accountability Office report entitled `Homeless Barriers to Using Mainstream Programs', issued in July 6, 2000;`(6) assess the consistency and coordination between the programs funded under subtitles B and C in the prior fiscal year and the Consolidated Plan; and`(7) indicate the accomplishments within the applicable States and units of general local government of the geographic area to repeal or modify laws, ordinances, or policies of the applicable States and units of general local government that--`(A) penalize homeless individuals and families based upon their status as homeless;`(B) establish status offenses which may result in runaway and homeless youths being adjudicated as delinquent; or`(C) disallow reasonable inclusion and distribution in the geographic area of special needs populations and families with children and the facilities that serve the populations and families`(c) Waiver- The Secretary may grant a waiver to any community board that is unable to provide information required by subsection (b). Such community board shall submit a plan to provide such information within a reasonable period of time.'’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

`‘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.'’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

`‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

`‘(a) In General- There are authorized to be appropriated to carry out title II and this title $2,5his title $2,200,000,000 for fiscal year 200810 and such sums as may be necessary for each of fiscal years 2009, 11, 2012, and 2013. CommentsClose CommentsPermalink





‘(b) Permanent Housing Renewals- Of the amounts made available pursuant to subsection (a), $595,000,000 for fiscal year 2010, 2011, and 2012.'$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.’. CommentsClose CommentsPermalink

TITLE II--EMERGENCY SHELTEROLUTIONS GRANTS PROGRAM CommentsClose CommentsPermalink

SEC. 201. GRANT ASSISTANCE.

The McKinney-Vento Homeless Assistance Act is amended Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) is amended-- CommentsClose CommentsPermalink





(1) by striking the subtitle heading and inserting the following: CommentsClose CommentsPermalink

(2) by striking section 417 (42 U.S.C. 11377); CommentsClose CommentsPermalink





(3) by redesignating sections 413 through 416 (42 U.S.C. 11373-6) as sections 414 through 417, respectively; and CommentsClose CommentsPermalink





(4) by striking section 412 (42 U.S.C. 11372) and inserting the following new section:`: CommentsClose CommentsPermalink

‘SEC. 412. GRANT ASSISTANCE.

`(a) In General- ‘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 414.`(b) Coordination With Community Boards5. CommentsClose CommentsPermalink

‘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. CommentsClose CommentsPermalink





‘(b) Allocation- An entity that receives a grant under this sectionsection 412, and serves an area that includes one or more geographic areas 1 or more geographic areas (or portions of such areas) served by community boardllaborative applicants that submit applications under subtitle C, shall allocate the funds made available through the grant to carry out activities described in section 414, in consultation with such community boards.'.SEC. 202. AMOUNT AND ALLOCATION OF ASSISTANCE.Section 413 of the McKinney-Vento Homeless Assistance Act5, in consultation with the collaborative applicants.’; CommentsClose CommentsPermalink





(5) in section 414(b) (42 U.S.C. 11373) is amended--(1) in subsection (b)--(A) by striking `amounts appropriated' and all that follows through `for any' and inserting `(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(B) by striking `subsection (a)' and inserting `subsection (b)';(2) in subsection (d)(1), by striking `subsection (b)' and inserting `subsection (c)';(3) by redesignating subsections (a) through (e) as subsections (b) through (f), respectively; and(4) by inserting before subsection (b) (’; and CommentsClose CommentsPermalink





(6) in section 414, as so redesignated by paragraph (3) of this section) the following new subsection:`(a) Limitation on Amounts Used for Emergency Shelter- Of the amount made available to carry out this subtitle and subtitle C, by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(f) Reduction of Funds for Criminalizing Homelessness- Of the amount made available to carry out this title for a fiscal year, the Secretary shall allocate nationally for use under this subtitle an aggregate amount not exceeding 15 percent of such total amount.'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.’. CommentsClose CommentsPermalink

SEC. 2032. ELIGIBLE ACTIVITIES.

The McKinney-Vento Homeless Assistance Act is amended by striking section 4145 (42 U.S.C. 11374) and inserting the following new section:`SEC. 414, as so redesignated by section 201(3) of this Act, and inserting the following new section: CommentsClose CommentsPermalink

‘SEC. 415. ELIGIBLE ACTIVITIES.

`Assistance ‘(a) In General- Assistance provided under section 412 may be used for the following activities: CommentsClose CommentsPermalink





`‘(1) The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters. CommentsClose CommentsPermalink





`(2) The provision of essential services‘(2) The provision of essential services related to emergency shelter or street outreach, including services concerned with employment, health, or education, family support services for homeless youth, substance abuse services, victim services, or mental health services, if-- CommentsClose CommentsPermalink





`(A) such essential services have not been provided by the local ‘(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 CommentsClose CommentsPermalink





`‘(B) the use of assistance under this subtitle would complement the provision of those essential services. CommentsClose CommentsPermalink





`‘(3) Maintenance, operation, insurance, provision of utilities, and provision of furnishings.`(4) For homelessness prevention activities.' related to emergency shelter. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) stabilizing individuals and families in their current housing; or CommentsClose CommentsPermalink





‘(B) quickly moving such individuals and families to other permanent housing. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) 50 percent of the aggregate amount of such assistance provided for the grantee for such fiscal year; or CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 204. REPEALS.Sections 417 andADMINISTRATIVE PROVISION.

Section 418 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11377, 11378) are hereby repealed8) is amended by striking ‘5 percent’ and inserting ‘10 percent’. CommentsClose CommentsPermalink

TITLE III--CONTINUUM OF CARE PROGRAM CommentsClose CommentsPermalink

SEC. 301. CONTINUUM OF CARE.

The McKinney-Vento Homeless Assistance Act is amended-- CommentsClose CommentsPermalink





(1) by striking the subtitle heading for subtitle C of title IV (42 U.S.C. 11381 et seq.) and inserting the following: CommentsClose CommentsPermalink

`‘Subtitle C--Continuum of Care Program'; and(2) by striking section’; and CommentsClose CommentsPermalink

(2) by striking sections 421 and 422 (42 U.S.C. 11381 and 11382) and inserting the following new section:`s: CommentsClose CommentsPermalink

‘SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.

`(a) Eligible Applicant- In this section, the term `eligible applicant' means a collaborative applicant or solo applicant.`(b‘(a) Projects- The Secretary shall award grants to eligible applicants to carry out homeless assistance and prevention projects.`(c, 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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





`(d) Applications-`(1) IN GENERAL- T ‘(c) Applications- CommentsClose CommentsPermalink





‘(1) SUBMISSION TO THE SECRETARY- To be eligible to receive a grant under subsection (b), an eligible applicanta), a project sponsor or unified funding agency in a geographic area shall submit an application for the grant to a community board in accordance with the collaborative process established by the board, as described in section 402, and have such application reviewed, approved, and prioritized by such community board, except that a solo applicant may submit such application to the Secretary without participating in such process if the applicant includes information in such application regarding why the applicant has not participated.`(2) CONTENTS- To receive the grant, after receiving approval from the community board for the application, the eligible applicant shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and containing--`(A) the application submitted to the community board; and`(B) other information that, in addition to including the information described in subsections (a) and (c) of section 426, shall--`(i) describe the establishment and function of the community board, including--`(I) the nomination and selection process for such board, including the names and affiliations of all such board members;`(II) all meetings held by such board in preparing the collaborative application, including identification of those meetings that were public;`(III) all meetings between board representatives, and persons responsible for administering the consolidated plan; and`(IV) documentation of efforts undertaken to ensure the participation of all community organizations providing services to homeless individuals and of organizations representing underserved communities;`(ii) outline the range of housing and service programs available to persons experiencing homelessness or imminently at risk of experiencing homelessness and describe the unmet needs that remain in the geographic area for which the collaborative applicant seeks funding regarding--`(I) prevention activities, including providing assistance in--`(aa) making mortgage, rent, or utility payments; or`(bb) accessing permanent housing and transitional housing for individuals (and families that include the individuals) who are being discharged from a publicly funded facility, program, or system of care, or whose services (from such a facility, program, or system of care) are being terminated, including discharge from a child welfare or juvenile corrections program;`(II) outreach activities to assess the needs and conditions of persons experiencing homelessness;`(III) emergency shelters, including the supportive and referral services the shelters provide;`(IV) transitional housing with, as needed, appropriate supportive services to help persons experiencing homelessness who are not yet able or prepared to make the transition to permanent housing and independent living;`(V) permanent housing to help meet the long-term needs of individuals and families experiencing homelessness; and`(VI) needed supportive services;`(iii) prioritize the projects for which the collaborative applicant seeks funding according to the unmet needs in the fiscal year in which the applicant submits the application as described in clause (ii);`(iv) identify funds from private and public sources, other than funds received under subtitle B and this subtitle, that the State, units of general local government, recipients, project sponsors, and others will use for homelessness prevention, emergency shelter, supportive services, transitional housing, permanent housing, and permanent supportive housing that will be integrated with the assistance provided under subtitle B and this subtitle;`(v) identify funds provided by the State and units of general local government under programs targeted for persons experiencing homelessness, and other programs for which persons experiencing homelessness are eligible, including programs identified by the General Accounting Office in the February 1999 report entitled `Homelessness: Coordination and Evaluation of Programs Are Essential';`(vi) explain--`(I) how the collaborative applicant will meet the housing and service needs of individuals and families experiencing homelessness in the applicant's community; and`(II) the strategy of the State, units of general local government, and private entities in the geographic area over the next 5 years to prevent and end homelessness, including, as part of that strategy, a work plan for the applicable fiscal years;`(vii) report on the outcome-based performance of programs for homeless persons within the geographic area served by the collaborative applicant that were funded under this title in the fiscal year prior to the fiscal year in which the application is submitted;`(viii) include any relevant required agreements under this subtitle;`(ix) contain a certification of consistency with the consolidated plan pursuant to section 403;`(x) contain a certification that the applicable States and units of general local government are not penalizing homeless individuals and families--`(I) through laws, ordinances, or policies based upon their status as homeless;`(II) by using zoning laws, ordinances, or policies to prevent the siting of facilities designed to serve homeless persons; or`(III) through laws that establish status offenses which may result in runaway and homeless youths being adjudicated as delinquent;`(xi) contain such certifications and assurances to ensure that--`(I) project sponsors for all projects for which collaborative applicant seeks funding through the grant will such information as the Secretary determines necessary-- CommentsClose CommentsPermalink





‘(A) to determine compliance with the program requirements and selection criteria under this subtitle; and CommentsClose CommentsPermalink





‘(B) to establish policies and practices that are consistent with, and do not restrict the exercise of rights provided by, subtitle B of title VII (42 U.S.C. 11431 et seq.), and other laws relating to the provision of educational and related services to individuals experiencing homelessness; and`(II) the strategy referred to in clause (vi)(II) will 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 to possible to their school of origin so as not to disrupt such children's education; and`(xii)(I) in the case of a collaborative applicant, include an exhibit described in section 402(f)(1)(B)(iii) and prepared by the community board in accordance with that section; or`(II) in the case of a solo applicant, include an exhibit described in section 402(f)(1)(B)(iii) and prepared by the applicant.`(3) CONSIDERATION OF VETERANS AFFAIRS ASSESSMENTS- In outlining the programs and describing the needs referred to in clause (ii) of paragraph (2)(B), the applicant shall take into account the findings and recommendations of the most recently completed annual assessments, conducted pursuant to section 2034 of title 38, United States Code, of the Department of Veterans Affairs medical centers or regional benefits offices whose service areas include the geographic area for which the applicant seeks funding.`(4) ANNOUNCEMENT OF AWARDS- The Secretary shall announce, not later thariorities for funding projects in the geographic area. CommentsClose CommentsPermalink





‘(2) ANNOUNCEMENT OF AWARDS- CommentsClose CommentsPermalink





‘(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 awarded under subsection (b) for that fiscal year.`(5) OBLIGATION, DISTRIBUTION, AND UTILIZATION OF FUNDS-`(A)conditionally awarded under subsection (a) for that fiscal year. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(d) Obligation, Distribution, and Utilization of Funds- CommentsClose CommentsPermalink





‘(1) REQUIREMENTS FOR OBLIGATION- CommentsClose CommentsPermalink





`(i‘(A) IN GENERAL- Not later than 9 months after the announcement referred to in paragraph (4), each recipient or project sponsor seeking the obligation of funds for a grant announced under paragraph (4)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 clause (ii).`(ii)subparagraphs (B) and (C). CommentsClose CommentsPermalink





‘(B) ACQUISITION, REHABILITATION, OR CONSTRUCTION- Not later than 1524 months after the announcement referred to in paragraph (4subsection (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 paragraph (4subsection (c)(2) shall meet all requirements for the obligation of those funds, including site control, matching funds, and environmental review requirements. CommentsClose CommentsPermalink





`(iii‘(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 clause (isubparagraphs (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. CommentsClose CommentsPermalink





`(B)‘(2) OBLIGATION- Not later than 45 days after a recipient or project sponsor meets the requirements described in subparagraph (A)(i), the Secretary shallparagraph (1), the Secretary shall obligate the funds for the grant involved. CommentsClose CommentsPermalink





`(C) DISTRIBUTION- A recipient that receives funds through such a grant--`(i ‘(3) DISTRIBUTION- A recipient that receives funds through such a grant-- CommentsClose CommentsPermalink





‘(A) shall distribute the funds to project sponsors (in advance of expenditures by the project sponsors); and CommentsClose CommentsPermalink





`(ii‘(B) shall distribute the appropriate portion of the funds to a project sponsor not later than 2145 days after receiving a request for such distribution from the project sponsor. CommentsClose CommentsPermalink





`(e) Selection Criteria- In determining whether to award a grant to an applicant under subsection (b), the Secretary shall consider, in addition to criteria described in section 426(b)--`(1) the inclusiveness of the community board involved and the process the board administered, if applicable;`(2) the comprehensiveness and coordination of the homelessness prevention, housing, and services programs (including discharge planning and service termination protocols) within the geographic area served by the community board;`(3) the efforts undertaken to involve all community organizations providing services to homeless individuals and organizations representing underserved communities participated in the continuum of care;`(4) the extent to which prioritized programs meet unmet needs;`(5) the capacity of the geographic area to leverage funding from other public and private sources;`(6) the long-term strategy of the applicable States and units of general local government to combat, prevent, and end homelessness;`(7) the performance of the homelessness prevention, housing, and services programs funded in the fiscal year prior to the date of submission of the application;`(8) the need for services in the geographic area;`(9) the plan by which--`(A) access to appropriate permanent housing will be secured if the proposed project does not include permanent housing; and`(B) access to outcome-effective supportive services will be secured for residents or consumers involved in the project who are willing to use the services;`(10) the evaluation plan for evaluations of the project, which--`(A) will use periodically collected information and analysis to determine whether the project has resulted in enhanced stability and well-being of the residents or consumers served by the project;`(B) will include evaluations obtained directly from the individuals or families served by the project; and`(C) will be submitted by the recipient for the grant to the community board for review and use in assessments, conducted by the board consistent with the board's duty to ensure effective outcomes that contribute to the goal of preventing and ending homelessness in the geographic area served by the board;`(11) the extent to which the applicable States and units of general local government have made commitments to and are taking actions to uphold the civil rights of homeless families‘(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 individuals, including removing or repealing any policies or laws that--`(A) penalize homeless individuals and families based upon their status as homeless;`(B) establish status offenses which may result in runaway and homeless youths being adjudicated as delinquent; or`(C) disallow reasonable inclusion and distribution in the geographic area of special needs populations and families with children and the facilities that serve the populations and families; and`(12) any other criteria the Secretary determines to be reasonably appropriate.`(f) Notification of Pro Rata Estimated Grant Amounts-`(1) NOTICE- The Secretary shall inform each community board, 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 board.`(2) AMOUNT-`(A) 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)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. CommentsClose CommentsPermalink





‘(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 allocated to all metropolitan cities and urban counties within the geographic area represented by the Board; 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).`(B) ADJUSTMENT- In computing the estimated grant amount, the Secretary shall adjust the estimated grant amount determined pursuant to subparagraph (A) 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--`(I) 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`(II) to counties that are not urban counties.`(C) COMBINATIONS OR CONSORTIA- For any community board 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 board.`(g) Appeals-`(1) IN GENERAL- Not later than 3 months after the date of enactment of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2007, the Secretary shallincluded 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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(i) Appeals- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





`(2) ‘(2) PROCESS- The Secretary shall ensure that the procedure permits appeals submitted by community boards, entities carrying out homeless housing and services projects (including emergency shelters and homelessness prevention programs), homeless planning bodies not designated by the Secretary as community boards, and all other applicants under this subtitle. CommentsClose CommentsPermalink





`(h‘(j) Solo Applicants- A solo applicant may submit an application to the Secretary for a grant under subsection (b) and be awarded such grant a) and be awarded such grant on the same basis as such grants are awarded to other applicants based on the criteria described in subsection (e)ection 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. CommentsClose CommentsPermalink





' ‘(k) Flexibility To Serve Persons Defined as Homeless Under Other Federal Laws- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

`‘SEC. 423. ELIGIBLE ACTIVITIES.

`(a) In General- Grants awarded under section ‘(a) In General- Grants awarded under section 422 to qualified applicants shall be used only to carry out homeless assistance and prevention projectto carry out projects that serve homeless individuals or families that consist of one or more of the following eligible activities: CommentsClose CommentsPermalink





`(1) Construction of new housing units to provide transitional or permanent housing.` ‘(1) Construction of new housing units to provide transitional or permanent housing. CommentsClose CommentsPermalink





‘(2) Acquisition or rehabilitation of a structure to provide transitional or permanent housing, other than emergency shelter, or to provide supportive services. CommentsClose CommentsPermalink





`(3)‘(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. CommentsClose CommentsPermalink





`‘(4) Provision of rental assistance to provide transitional or permanent housing to eligible persons. The rental assistance may include tenant-based, project-based, or independently owned rental assistance.`(5) 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. CommentsClose CommentsPermalink





‘(5) Payment of operating costs for housing units assisted under this subtitle.`(6) Supportive services.`(7) Homelessness prevention activities, subject to subsection (b).`(b) Eligibility for Funds for Homelessness Prevention Activities-`(1) APPLICATION REQUIREMENT- To be eligible to receive grant funds under section 422 to carry out homelessness prevention activities, an applicant shall submit an application to the Secretary under section 422 that shall include a certification in which--`(A) the relevant public entities in the geographic area involved certify compliance with paragraph (2); and`(B) the publicly funded institutions, facilities, and systems of care in the geographic area certify that the institutions, facilities, and systems of care or for the preservation of housing that will take, and fund directly, all reasonable measures to ensure that the institutions, facilities, and systems of care do not discharge individuals into homelessness.`(2) SUPPLEMENTATION REQUIREMENT- Funds appropriated under section 408 and made available for homelessness prevention activities shall be used to supplement, and not supplant, other Federal, State, and local public funds used for homelessness prevention.`(c) serve homeless individuals and families and for which another form of assistance is expiring or otherwise no longer available. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) are effective at moving homeless individuals and families immediately into housing; or CommentsClose CommentsPermalink





‘(B) may benefit individuals and families who in the prior 6 months have been homeless, but are currently residing in permanent housing. CommentsClose CommentsPermalink





‘(8) In the case of a collaborative applicant that is a legal entity, performance of the duties described under section 402(f)(3). CommentsClose CommentsPermalink





‘(9) Operation of, participation in, and ensuring consistent participation by project sponsors in, a community-wide homeless management information system. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(b) Minimum Grant Terms- The Secretary may impose minimum grant terms of up to 5 years for new projects providing permanent housing. CommentsClose CommentsPermalink





‘(c) Use Restrictions- CommentsClose CommentsPermalink





`(1)‘(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. CommentsClose CommentsPermalink





`‘(2) OTHER ACTIVITIES- A project that consists of activities described in any of paragraphs (3) through (712) 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. CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(d) Repayment of Assistance and Prevention of Undue Benefits- CommentsClose CommentsPermalink





`(1)‘(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-- CommentsClose CommentsPermalink





`‘(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 CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(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-- CommentsClose CommentsPermalink





`‘(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; CommentsClose CommentsPermalink





or`‘(B) all of the proceeds of the sale or disposition are used to provide transitional or permanent housing meeting the requirements of this subtitle.'; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 303. HIGH PERFORMING COMMUNITIES.

SEC. 304. PROGRAM REQUIREMENTS.

Section 426 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11386) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)--(A) in paragraph (1), by striking `Applications' and all that follows through `shall' and inserting `Applications forby striking subsections (a), (b), and (c) and inserting the following: CommentsClose CommentsPermalink





‘(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 422 shall';(B) in paragraph (2)--(i) by striking subparagraph (B) and inserting the following new subparagraph:`(B) a description of the size and characteristics of the population that would occupy housing units or receive supportive services assisted under this subtitle;'; and(ii) in subparagraph (E), by striking `in the case of projects assisted under this title that3(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. CommentsClose CommentsPermalink





‘(b) Required Agreements- The Secretary may not provide assistance for a proposed project under this subtitle unless the collaborative applicant involved agrees-- CommentsClose CommentsPermalink





‘(1) to ensure the operation of the project in accordance with the provisions of this subtitle; CommentsClose CommentsPermalink





‘(2) to monitor and report to the Secretary the progress of the project; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(4) to require certification from all project sponsors that-- CommentsClose CommentsPermalink





‘(A) they will maintain the confidentiality of records pertaining to any individual or family provided family violence prevention or treatment services through the project; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(C) they will establish policies and practices that are consistent with, and do not receive assistance under such sections,'; and(C) in paragraph (3), in the last sentence, by striking `recipient' and inserting `recipient or project sponsor';(2) in subsection (d),strict 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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(E) they will provide data and reports as required by the Secretary pursuant to the Act; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(6) to monitor and report to the Secretary the provision of matching funds as required by section 430; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(2) by redesignating subsection (d) as subsection (c); CommentsClose CommentsPermalink





(3) in the first sentence, by striking `recipient' and inserting `recipient or project sponsor';(3) by striking subsection (e);(4 of subsection (c) (as so redesignated by paragraph (2) of this subsection), by striking ‘recipient’ and inserting ‘recipient or project sponsor’; CommentsClose CommentsPermalink





(4) by striking subsection (e); CommentsClose CommentsPermalink





(5) by redesignating subsections (f), (g), and (h), as subsections (e), (f), and (g), respectively;(5) in subsection (f)d), (e), and (f), respectively; CommentsClose CommentsPermalink





(6) in the first sentence of subsection (e) (as so redesignated by paragraph (4) of this section), in the first sentence, by striking `recipient'5) of this section), by striking ‘recipient’ each place it appears and inserting `recipient or project sponsor';(6‘recipient or project sponsor’; CommentsClose CommentsPermalink





(7) by striking subsection (i); and CommentsClose CommentsPermalink





(78) by redesignating subsection (j) as subsection (hg). CommentsClose CommentsPermalink

SEC. 304.5. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND FUNDING.

The McKinney-Vento Homeless Assistance Act is amended-- CommentsClose CommentsPermalink





(1) by repealing section 429 (42 U.S.C. 11389); CommentsClose CommentsPermalink





and(2) by redesignating sections 427 and 428 (42 U.S.C. 11387, 11388) as sections 432 and 433, respectively; and CommentsClose CommentsPermalink





(3) by inserting after section 426 the following new sections: CommentsClose CommentsPermalink

`‘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. CommentsClose CommentsPermalink





‘(b) Required Criteria- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The criteria established under subsection (a) shall include-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) the length of time individuals and families remain homeless; CommentsClose CommentsPermalink





‘(ii) the extent to which individuals and families who leave homelessness experience additional spells of homelessness; CommentsClose CommentsPermalink





‘(iii) the thoroughness of grantees in the geographic area in reaching homeless individuals and families; CommentsClose CommentsPermalink





‘(iv) overall reduction in the number of homeless individuals and families; CommentsClose CommentsPermalink





‘(v) jobs and income growth for homeless individuals and families; CommentsClose CommentsPermalink





‘(vi) success at reducing the number of individuals and families who become homeless; CommentsClose CommentsPermalink





‘(vii) other accomplishments by the recipient related to reducing homelessness; and CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(B) the plan of the recipient, which shall describe-- CommentsClose CommentsPermalink





‘(i) how the number of individuals and families who become homeless will be reduced in the community; CommentsClose CommentsPermalink





‘(ii) how the length of time that individuals and families remain homeless will be reduced; CommentsClose CommentsPermalink





‘(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.); CommentsClose CommentsPermalink





‘(iv) the extent to which the recipient will-- CommentsClose CommentsPermalink





‘(I) address the needs of all relevant subpopulations; CommentsClose CommentsPermalink





‘(II) incorporate comprehensive strategies for reducing homelessness, including the interventions referred to in section 428(d); CommentsClose CommentsPermalink





‘(III) set quantifiable performance measures; CommentsClose CommentsPermalink





‘(IV) set timelines for completion of specific tasks; CommentsClose CommentsPermalink





‘(V) identify specific funding sources for planned activities; and CommentsClose CommentsPermalink





‘(VI) identify an individual or body responsible for overseeing implementation of specific strategies; and CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(iii) is based on objective criteria that have been publicly announced by the recipient; and CommentsClose CommentsPermalink





‘(iv) is open to proposals from entities that have not previously received funds under this subtitle; CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(G) such other factors as the Secretary determines to be appropriate to carry out this subtitle in an effective and efficient manner. CommentsClose CommentsPermalink





‘(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: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) AMOUNT- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(I) was allocated to all metropolitan cities and urban counties within the geographic area represented by the collaborative applicant; or CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(ii) ADJUSTMENT- In computing the estimated grant amount, the Secretary shall adjust the estimated grant amount determined pursuant to clause (i) to ensure that-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(II) 25 percent of the total funds available, or estimated to be available, to carry out this subtitle for any fiscal year are allocated-- CommentsClose CommentsPermalink

‘(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 CommentsClose CommentsPermalink

‘(bb) to counties that are not urban counties. CommentsClose CommentsPermalink

‘(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. CommentsClose CommentsPermalink





‘(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)). CommentsClose CommentsPermalink





‘(c) Adjustments- The Secretary may adjust the formula described in subsection (b)(2) as necessary-- CommentsClose CommentsPermalink





‘(1) to ensure that each collaborative applicant has sufficient funding to renew all qualified projects for at least one year; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink

‘SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC ELIGIBLE ACTIVITIES.

`(a) Prevention Activities ‘(a) Minimum Allocation for Permanent Housing for Homeless Individuals and Families With Disabilities- CommentsClose CommentsPermalink





‘(1) IN GENERAL- From the amount made available to carry out this subtitle for each fiscal year (not including any amounts made available under section 408 and allocated for use under subtitle B), an amounts made available to carry out this subtitle for a fiscal year, a portion equal to not more than 3 percent shall be used for prevention activities described in section 423(a)(9).`(bless 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. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(3) ADJUSTMENTS- The 30 percent figure in paragraph (1) shall be reduced as follows: CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





`SEC. 428 ‘(d) Incentives for Proven Strategies- CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) permanent supportive housing for chronically homeless individuals and families; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink

‘SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR GRANT AMOUNTS FOR PERMANENT HOUSING.

`(a) Availability of Amounts- Of the total amount made available for use in connection with this subtitle, such sums as may be necessary shall be used for renewing expiring‘(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 within the `Homeless Assistance Grants' account of the Department of Housing and Urban Development.`(b) Terms of Renewal Assistance- Amounts used pursuant to subsection (aexpiring in such year. CommentsClose CommentsPermalink





‘(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, subtitle C, or subtitle F, for homeless individuals and homeless families. The Secretary shall 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-- CommentsClose CommentsPermalink





‘(1) there is a demonstrated need for the project and the compliance of the entity carrying out the project with; and CommentsClose CommentsPermalink





‘(2) the project complies with program requirements and appropriate standards of housing quality and habitability, as determined by the Secretary. CommentsClose CommentsPermalink





`SEC. 429. ADMINISTRATIVE EXPENSES.`(a) Administrative Expenses- Grant amounts awarded under this subtitle may be used for administrative expenses, including expenses for--`(1) carrying out routine grant administration and monitoring activities;`(2) receipt and disbursement of program funds;`(3) preparation of financial and performance reports, including carrying out management information system functions; and`(4) compliance with grant conditions and audit requirements.`(b) Limitations on Administrative Expenses- A portion, of not more than 6 percent, of grant amounts awarded under this subtitle may be used for administrative expenses described in subsection (a), and not less than 1/2 of such portion shall be allocated to nonprofit organizations and other project sponsors to fund management information system functions, application preparation, and preparation of annual performance and other evaluation reports.` ‘(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. CommentsClose CommentsPermalink

‘SEC. 430. MATCHING FUNDING.

`An entity who submits an application and receives a grant under this subtitle shall make available contributions, in cash or in donated services,‘(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 Federal funds provided under the grant.`funds provided to recipients in the geographic area, except that grants for leasing shall not be subject to any match requirement. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Countable Activities- The contributions required under subsection (a) may consist of-- CommentsClose CommentsPermalink





‘(1) funding for any eligible activity described under section 423; and CommentsClose CommentsPermalink





‘(2) subject to subsection (b), in-kind provision of services of any eligible activity described under section 423. CommentsClose CommentsPermalink

‘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. CommentsClose CommentsPermalink





`‘(b) Procedure- The Secretary shall establish a procedure to process the appeals described in subsection (a). CommentsClose CommentsPermalink





`‘(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.'’. CommentsClose CommentsPermalink

(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: CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) An estimate of the incidence and prevalence of homelessness among individuals and families in rural areas and rural communities of the United States. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(6) A general description of homeless assistance for individuals and families in rural areas and rural communities of the United States. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





(1) The Secretary of Agriculture. CommentsClose CommentsPermalink





(2) The Secretary of Housing and Urban Development. CommentsClose CommentsPermalink





(3) The Secretary of Health and Human Services. CommentsClose CommentsPermalink





(4) The Secretary of Education. CommentsClose CommentsPermalink





(5) The Secretary of Labor. CommentsClose CommentsPermalink





(6) The Secretary of Veterans Affairs. CommentsClose CommentsPermalink





(7) The Executive Director of the United States Interagency Council on Homelessness. CommentsClose CommentsPermalink





(8) Project sponsors and recipients of homeless assistance grants serving rural areas and rural communities. CommentsClose CommentsPermalink





(9) Individuals and families in or from rural areas and rural communities who have sought or are seeking Federal homeless assistance services. CommentsClose CommentsPermalink





(10) National advocacy organizations concerned with homelessness, rural housing, and rural community development. CommentsClose CommentsPermalink





(c) Effective Date- This section shall take effect on the date of the enactment of this Act. CommentsClose CommentsPermalink

TITLE IV--REPEALS AND CONFORMING AMENDMENTS CommentsClose CommentsPermalink

SEC. 4501. REPEALS.

Subtitles D, E, F, and Gand F of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., 11403 et seq., and 114083 et seq.) are hereby repealed. CommentsClose CommentsPermalink

SEC. 4502. 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-- CommentsClose CommentsPermalink





(1) by striking `‘current housing affordability strategy' and inserting `consolidated plan'’ and inserting ‘consolidated plan’; and CommentsClose CommentsPermalink





(2) by inserting before the comma the following: `(referred to in such section as a `‘(referred to in such section as a ‘comprehensive housing affordability strategy')'.(b)’)’. CommentsClose CommentsPermalink





(b) Persons Experiencing Homelessness- Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) is amended by adding at the end the following new subsection:`(d, as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(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.'’. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 403503. EFFECTIVE DATE.

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: CommentsClose CommentsPermalink

`‘TITLE IV--HOUSING ASSISTANCE

`Subtitle A--Comprehensive Homeless Assistance Plan` ‘Subtitle A--General Provisions

‘Sec. 401. Definitions. CommentsClose CommentsPermalink





`‘Sec. 402. Community homeless assistance planning boards.`llaborative applicants. CommentsClose CommentsPermalink





‘Sec. 403. Housing affordability strategy. CommentsClose CommentsPermalink





`‘Sec. 404. Technical assistance.`Preventing involuntary family separation. CommentsClose CommentsPermalink





‘Sec. 405. Performance reports.`Technical assistance. CommentsClose CommentsPermalink





‘Sec. 406. Discharge coordination policy. CommentsClose CommentsPermalink





`‘Sec. 407. Protection of personally identifying information by victim service providers. CommentsClose CommentsPermalink





`‘Sec. 408. Authorization of appropriations. CommentsClose CommentsPermalink

`‘Subtitle B--Emergency Shelterolutions Grants Program

`‘Sec. 411. Definitions. CommentsClose CommentsPermalink





`‘Sec. 412. Grant assistance. CommentsClose CommentsPermalink





`‘Sec. 413. Amount and allocation of assistance. CommentsClose CommentsPermalink





‘Sec. 414. Allocation and distribution of assistance. CommentsClose CommentsPermalink





`Sec. 414. Eligible activities.`‘Sec. 415. Responsibilities of recipients.`Eligible activities. CommentsClose CommentsPermalink





‘Sec. 416. Responsibilities of recipients. CommentsClose CommentsPermalink





‘Sec. 417. Administrative provisions. CommentsClose CommentsPermalink





` ‘Sec. 418. Administrative costs. CommentsClose CommentsPermalink

‘Subtitle C--Continuum of Care Program

`‘Sec. 421. Purpose.`s. CommentsClose CommentsPermalink





‘Sec. 422. Continuum of care applications and grants. CommentsClose CommentsPermalink





`‘Sec. 423. Eligible activities. CommentsClose CommentsPermalink





`‘Sec. 424. Supportive housing.`Incentives for high-performing communities. CommentsClose CommentsPermalink





‘Sec. 425. Supportive services. CommentsClose CommentsPermalink





`‘Sec. 426. Program requirements. CommentsClose CommentsPermalink





`‘Sec. 427. Selection criteria. CommentsClose CommentsPermalink





‘Sec. 428. Allocation of amounts and incentives for specific eligible activities. CommentsClose CommentsPermalink





`Sec. 428. Renewal funding and terms of assistance for grant amounts for permanent housing.`‘Sec. 429. Administrative expenses.`Renewal funding and terms of assistance for permanent housing. CommentsClose CommentsPermalink





‘Sec. 430. Matching funding. CommentsClose CommentsPermalink





`‘Sec. 431. Appeal procedure. CommentsClose CommentsPermalink





`‘Sec. 432. Regulations. CommentsClose CommentsPermalink





`‘Sec. 433. Reports to Congress. CommentsClose CommentsPermalink