[House Report 110-906]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-906
======================================================================
HOMELESS EMERGENCY ASSISTANCE AND RAPID TRANSITION TO HOUSING ACT OF
2008
_______
October 2, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Frank of Massachusetts, from the Committee on Financial Services,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 840]
[Including cost estimate of the Congressional Budget Office]
The Committee on Financial Services, to whom was referred
the bill (H.R. 840) 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 29
Background and Need for Legislation.............................. 30
Hearings......................................................... 36
Committee Consideration.......................................... 37
Committee Votes.................................................. 37
Committee Oversight Findings..................................... 38
Performance Goals and Objectives................................. 38
New Budget Authority, Entitlement Authority, and Tax Expenditures 38
Committee Cost Estimate.......................................... 38
Congressional Budget Office Estimate............................. 39
Federal Mandates Statement....................................... 41
Advisory Committee Statement..................................... 41
Constitutional Authority Statement............................... 41
Applicability to Legislative Branch.............................. 41
Earmark Identification........................................... 41
Section-by-Section Analysis of the Legislation................... 41
Committee Correspondence......................................... 55
Changes in Existing Law Made by the Bill, as Reported............ 58
Additional Views................................................. 124
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of homelessness.
Sec. 4. United States Interagency Council on Homelessness.
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
Sec. 101. Definitions.
Sec. 102. Community homeless assistance planning boards.
Sec. 103. General provisions.
Sec. 104. Protection of personally identifying information by victim
service providers.
Sec. 105. Authorization of appropriations.
TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM
Sec. 201. Grant assistance.
Sec. 202. Eligible activities.
Sec. 203. Participation in Homeless Management Information System.
Sec. 204. Administrative provision.
TITLE III--CONTINUUM OF CARE PROGRAM
Sec. 301. Continuum of care.
Sec. 302. Eligible activities.
Sec. 303. High performing communities.
Sec. 304. Program requirements.
Sec. 305. Selection criteria, allocation amounts, and funding.
Sec. 306. Research.
TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM
Sec. 401. Rural housing stability assistance.
Sec. 402. GAO study of homelessness and homeless assistance in rural
areas.
TITLE V--REPEALS AND CONFORMING AMENDMENTS
Sec. 501. Repeals.
Sec. 502. Conforming amendments.
Sec. 503. Effective date.
Sec. 504. Regulations.
Sec. 505. Amendment to table of contents.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) a lack of affordable housing and limited scale of housing
assistance programs are the primary causes of homelessness; and
(2) homelessness affects all types of communities in the
United States, including rural, urban, and suburban areas.
(b) Purposes.--The purposes of this Act are--
(1) to consolidate the separate homeless assistance programs
carried out under title IV of the McKinney-Vento Homeless
Assistance Act (consisting of the supportive housing program
and related innovative programs, the safe havens program, the
section 8 assistance program for single-room occupancy
dwellings, and the shelter plus care program) into a single
program with specific eligible activities;
(2) to codify in Federal law the continuum of care planning
process as a required and integral local function necessary to
generate the local strategies for ending homelessness; and
(3) to establish a Federal goal of ensuring that individuals
and families who become homeless return to permanent housing
within 30 days.
SEC. 3. DEFINITION OF HOMELESSNESS.
(a) In General.--Section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--For purposes of this Act, the terms `homeless',
`homeless individual', and `homeless person' means--
``(1) an individual or family who lacks a fixed, regular, and
adequate nighttime residence;
``(2) an individual or family with a primary nighttime
residence that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human
beings, including a car, park, abandoned building, bus or train
station, airport, or camping ground;
``(3) an individual or family living in a supervised publicly
or privately operated shelter designated to provide temporary
living arrangements (including hotels and motels paid for by
Federal, State, or local government programs for low-income
individuals or by charitable organizations, congregate
shelters, and transitional housing);
``(4) an individual who resided in a shelter or place not
meant for human habitation and who is exiting an institution
where he or she temporarily resided; and
``(5) an individual or family who--
``(A) will imminently lose their housing, including
housing they own, rent, or live in without paying rent,
are sharing with others, and rooms in hotels or motels
not paid for by Federal, State, or local government
programs for low-income individuals or by charitable
organizations, as evidenced by--
``(i) a court order resulting from an
eviction action that notifies the individual or
family that they must leave within 14 days;
``(ii) the individual or family having a
primary nighttime residence that is a room in a
hotel or motel and where they lack the
resources necessary to reside there for more
than 14 days;
``(iii) credible evidence indicating that the
owner or renter of the housing will not allow
the individual or family to stay for more than
14 days, and any oral statement from an
individual or family seeking homeless
assistance that is found to be credible shall
be considered credible evidence for purposes of
this clause; or
``(iv) such other factors that the Secretary
determines will likely result in the individual
or family becoming homeless, which may include
recent history of homelessness or residential
instability;
``(B) has no subsequent residence identified; and
``(C) lacks the resources or support networks needed
to obtain other permanent housing.
``(b) Domestic Violence and Other Dangerous or Life-Threatening
Conditions.--Notwithstanding any other provision of this section, the
Secretary shall consider to be homeless any individual or family who is
fleeing, or is attempting to flee, domestic violence, dating violence,
sexual assault, stalking, or other dangerous or life-threatening
conditions in the individual's or family's current housing situation,
including where the health and safety of children are jeopardized, and
who have no other residence and lack the resources or support networks
to obtain other permanent housing.''.
(b) Regulations.--Not later than the expiration of the 6-month period
beginning upon the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall issue regulations that provide
sufficient guidance to recipients of funds under title IV of the
McKinney-Vento Homeless Assistance Act to allow uniform and consistent
implementation of the requirements of section 103 of such Act, as
amended by subsection (a) of this section. This subsection shall take
effect on the date of the enactment of this Act.
(c) Clarification of Effect on Other Laws.--This section and the
amendments made by this section to section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302) may not be construed to
affect, alter, limit, annul, or supersede any other provision of
Federal law providing a definition of ``homeless'', ``homeless
individual'', or ``homeless person'' for purposes other than such Act,
except to the extent that such provision refers to such section 103 or
the definition provided in such section 103.
(d) GAO Study.--The Comptroller General of the United States shall
conduct a study to examine and determine the following:
(1) The best available point-in-time and longitudinal
estimates available of the number of individuals and families
nationwide who are homeless--
(A) as such term is defined in section 103(a) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a)), as in effect immediately before the
enactment of this Act;
(B) as such term is defined in paragraphs (1) through
(4) of section 103(a) of such Act, as amended by this
section;
(C) as such term is defined in section 103(a)(5) of
such Act, as amended by this section (relating to
imminent loss of housing); and
(D) as such term is defined in other provisions of
Federal law.
(2) The best estimates available of the overlap among the
populations included in the estimates under subparagraphs (A)
through (D) of paragraph (1).
(3) The quality of the data underlying the each of the
estimates under subparagraphs (A) through (D) of paragraph (1).
(4) The cost and feasibility of conducting high-quality
nationwide point-in-time counts, and longitudinal counts over a
duration of more than one year, of homeless individuals and
families under each of the definitions of homelessness referred
to in subparagraphs (A) through (D) of paragraph (1).
(5) The best available longitudinal data, covering a minimum
of six months, on the residential movement of individuals and
families who are homeless under the definitions referred to in
paragraph (1)(D), but not under the definitions referred to in
paragraph (1)(A) or (1)(B), into circumstances that meet the
definition of homelessness under paragraph (1)(A) or (1)(B).
(6) The best available data to enable prediction of whether
an individual or family that is homeless under the definitions
referred to in paragraph (1)(D), but not under the definition
referred to in paragraph (1)(A) or (1)(B), will within the next
12 months meet the definition of homelessness under paragraph
(1)(A) or (1)(B).
(7) The best available research on the effectiveness of
activities eligible for funding under this title IV of the
McKinney-Vento Homeless Assistance Act at improving the housing
conditions of households described in paragraph (1)(D), but not
in subparagraphs (A) through (C) of paragraph (1).
(8) The best available data on the childhood housing, child
welfare, and other experiences of adults who are currently
homeless, including individuals or heads of household who are
chronically homeless, to determine whether homelessness as a
child, as defined under subparagraphs (A) through (D) of
paragraph (1), or other traumatic childhood experiences,
including sexual abuse, predict an increased likelihood of
adult homelessness.
(9) The extent to which the definitions of homeless set forth
in provisions of Federal law other than section 103 of the
McKinney-Vento Homeless Assistance Act fulfill the purposes of
the programs authorized by those provisions.
Not later than the expiration of the 12-month period beginning upon the
date of the enactment of this Act, the Comptroller General shall submit
to the Congress a report setting forth the findings and conclusions of
the study required under this subsection. This subsection shall take
effect on the date of the enactment of this Act.
SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.
(a) In General.--Title II of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11311 et seq.) is amended--
(1) in section 201 (42 U.S.C. 11311), by inserting before the
period at the end the following ``whose mission shall be to
coordinate the Federal response to homelessness and to create a
national partnership at every level of government and with the
private sector to reduce and end homelessness in the nation
while maximizing the effectiveness of the Federal Government in
contributing to the end of homelessness'';
(2) in section 202 (42 U.S.C. 11312)--
(A) in subsection (a)--
(i) by redesignating paragraph (16) as
paragraph (22); and
(ii) by inserting after paragraph (15) the
following:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.
``(17) The Attorney General of the United States, or the
designee of the Attorney General.
``(18) The Director of the Office of Management and Budget,
or the designee of the Director.
``(19) The Director of the Office of Faith-Based and
Community Initiatives, or the designee of the Director.
``(20) The Director of USA FreedomCorps, or the designee of
the Director.
``(21) The Commissioner of the Internal Revenue Service, or
the designee of the Commissioner.'';
(B) in subsection (c), by striking ``annually'' and
inserting ``four times each year, and the rotation of
the positions of Chairperson and Vice Chairperson
required under subsection (b) shall occur at the first
meeting of each year''; and
(C) by adding at the end the following:
``(e) Administration.--The Executive Director of the Council shall
report to the Director of Domestic Policy Council.'';
(3) in section 203(a) (42 U.S.C. 11313(a))--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (2), (3), (4), (5),
(11), (12), and (13), respectively;
(B) by inserting before paragraph (2), as so
redesignated by subparagraph (A), the following:
``(1) not later than 12 months after the date of the
enactment of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008, develop, make available for
public comment, and submit to the President and to Congress a
National Strategic Plan to End Homelessness, and shall update
such plan annually;'';
(C) in paragraph (5), as redesignated by subparagraph
(A), by striking ``at least 2, but in no case more than
5'' and inserting ``not less than 5, but in no case
more than 10'';
(D) by inserting after paragraph (5), as so
redesignated by subparagraph (A), the following:
``(6) encourage the creation of State Interagency Councils on
Homelessness and the formulation of jurisdictional 10-year
plans to end homelessness at state, city, and county levels;
``(7) annually obtain from Federal agencies their
identification of consumer-oriented entitlement and other
resources for which persons experiencing homelessness may be
eligible and the agencies' identification of improvements to
ensure access; develop mechanisms to ensure access by persons
experiencing homelessness to all Federal, State, and local
programs for which the persons are eligible, and to verify
collaboration among entities within a community that receive
Federal funding under programs targeted for persons
experiencing homelessness, and other programs for which persons
experiencing homelessness are eligible, including mainstream
programs identified by the Government Accountability Office in
the reports entitled `Homelessness: Coordination and Evaluation
of Programs Are Essential', issued February 26, 1999, and
`Homelessness: Barriers to Using Mainstream Programs', issued
July 6, 2000;
``(8) conduct research and evaluation related to its
functions as defined in this section;
``(9) develop joint federal agency and other initiatives to
fulfill the goals of the agency;
``(10) participate in Federal agency policy development, and
development, review, evaluation, and timing of all related
Federal funding competitions;'';
(E) in paragraph (12), as so redesignated by
subparagraph (A), by striking ``and'' at the end;
(F) in paragraph (13), as so redesignated by
subparagraph (A), by striking the period at the end and
inserting a semicolon;
(G) by adding at the end the following new
paragraphs:
``(14) develop constructive alternatives to criminalizing
homelessness and eliminate laws and policies that prohibit
sleeping, feeding, sitting, resting, or lying in public spaces
when there are no suitable alternatives, result in the
destruction of a homeless person's property without due
process, or are selectively enforced against homeless persons;
and
``(15) not later than the expiration of the 6-month period
beginning upon completion of the study required under section
3(d) of the Homeless Emergency Assistance and Rapid Transition
to Housing Act of 2008, convene a meeting of representatives of
all Federal agencies and committees of the House of
Representatives and the Senate having jurisdiction over any
Federal program to assist homeless individuals or families,
local and State governments, academic researchers who
specialize in homelessness, nonprofit housing and service
providers that receive funding under any Federal program to
assist homeless individuals or families, organizations
advocating on behalf of such nonprofit providers and homeless
persons receiving housing or services under any such Federal
program, and homeless persons receiving housing or services
under any such Federal program, at which meeting such
representatives shall discuss all issues relevant to whether
the definitions of `homeless' under paragraphs (1) through (4)
of section 103(a) of the McKinney-Vento Homeless Assistance
Act, as amended by section 3 of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008, should
be modified by the Congress, including whether there is a
compelling need for a uniform definition of homelessness under
Federal law, the extent to which the differences in such
definitions create barriers for individuals to accessing
services and to collaboration between agencies, and the
relative availability, and barriers to access by persons
defined as homeless, of mainstream programs identified by the
Government Accountability Office in the two reports identified
in paragraph (7) of this subsection; and shall submit
transcripts of such meeting, and any majority and dissenting
recommendations from such meetings, to each committee of the
House of Representatives and the Senate having jurisdiction
over any Federal program to assist homeless individuals or
families not later than the expiration of the 60-day period
beginning upon conclusion of such meeting.''.
(4) in section 203(b) (42 U.S.C. 11313(b))--
(A) in paragraph (1)--
(i) by striking ``Federal'' and inserting
``national'';
(ii) by striking ``; and'' and inserting
``and pay for expenses of attendance at
meetings which are concerned with the functions
or activities for which the appropriation is
made;'';
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (2) the following:
``(3) establish a National Advisory Panel to advise and
assist the Council in achieving its mission by convening a
national group of experts in policy and practice from the
public and private sector, including consumers.'';
(5) in section 203(c)(1) (42 U.S.C. 11313(c)(1))--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and'';
(C) by adding at the end the following:
``(D) efforts by such agency to prevent homelessness
through agency initiatives in targeted or mainstream
programs.'';
(6) in section 204, by striking subsection (a) and inserting
the following:
``(a) Director.--The President shall appoint an Executive Director,
with the advice and consent of the Senate, who shall serve at the
pleasure of the President, and who shall be compensated at a rate not
to exceed the maximum level for the Senior Executive Service.''.
(7) in section 205(d) (42 U.S.C. 11315(d)), by striking
``property.'' and inserting ``property, both real and personal,
public and private, without fiscal year limitation, for the
purpose of aiding or facilitating the work of the Council.'';
and
(8) by striking section 208 (42 U.S.C. 11318) and inserting
the following:
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$3,000,000 for fiscal year 2009 and such sums as may be necessary for
fiscal years 2010, 2011, 2012, and 2013. Any amounts appropriated to
carry out this title shall remain available until expended.''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on, and shall apply beginning on, the date of the enactment of
this Act .
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
SEC. 101. DEFINITIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle A--General Provisions'';
(2) by redesignating sections 401 and 402 (42 U.S.C. 11361,
11362) as sections 403 and 406, respectively; and
(3) by inserting before section 403 (as so redesignated by
paragraph (2) of this section) the following new section:
``SEC. 401. DEFINITIONS.
``For purposes of this title:
``(1) At risk of homelessness.--The term `at risk of
homelessness' means, with respect to an individual or family,
that the individual or family--
``(A) has income below 30 percent of median income
for the geographic area;
``(B) has insufficient resources immediately
available to attain housing stability; and
``(C)(i) has moved frequently because of economic
reasons;
``(ii) is living in the home of another because of
economic hardship;
``(iii) has been notified that their right to occupy
their current housing or living situation will be
terminated;
``(iv) lives in a hotel or motel;
``(v) lives in severely overcrowded housing;
``(vi) is exiting an institution; or
``(vii) otherwise lives in housing that has
characteristics associated with instability and an
increased risk of homelessness.
Such term includes all families with children and youth
defined as homeless under other Federal statutes.
``(2) Chronically homeless.--
``(A) In general.--The term `chronically homeless'
means, with respect to an individual or family, that
the individual or family--
``(i) is homeless and lives or resides in a
place not meant for human habitation, a safe
haven, or in an emergency shelter;
``(ii) has been homeless and living or
residing in a place not meant for human
habitation, a safe haven, or in an emergency
shelter continuously for at least 1 year or on
at least 4 separate occasions in the last 3
years; and
``(iii) has an adult head of household (or a
minor head of household if no adult is present
in the household) with a diagnosable substance
use disorder, serious mental illness,
developmental disability (as defined in section
102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), post traumatic stress disorder,
cognitive impairments resulting from a brain
injury, or chronic physical illness or
disability, including the co-occurrence of 2 or
more of those conditions.
``(B) Rule of construction.--A person who currently
lives or resides in an institutional care facility,
including a jail, substance abuse or mental health
treatment facility, hospital or other similar facility,
and has resided there for fewer than 90 days shall be
considered chronically homeless if such person met all
of the requirements described in subparagraph (A) prior
to entering that facility.
``(3) Collaborative applicant.--The term `collaborative
applicant' means an entity that--
``(A) carries out the duties specified in section
402;
``(B) serves as the applicant for project sponsors
who jointly submit a single application for a grant
under subtitle C in accordance with a collaborative
process; and
``(C) if the entity is a legal entity and is awarded
such grant, receives such grant directly from the
Secretary.
``(4) Collaborative application.--The term `collaborative
application' means an application for a grant under subtitle C
that--
``(A) satisfies section 422; and
``(B) is submitted to the Secretary by a
collaborative applicant.
``(5) Consolidated plan.--The term `Consolidated Plan' means
a comprehensive housing affordability strategy and community
development plan required in part 91 of title 24, Code of
Federal Regulations.
``(6) Eligible entity.--The term `eligible entity' means,
with respect to a subtitle, a public entity, a private entity,
or an entity that is a combination of public and private
entities, that is eligible to directly receive grant amounts
under such subtitle.
``(7) Families with children and youth defined as homeless
under other federal statutes.--The term `families with children
and youth defined as homeless under other Federal statutes'
means any children or youth that are defined as `homeless'
under any Federal statute other than this subtitle, but are not
defined as homeless under section 103, and shall also include
the parent, parents, or guardian of such children or youth
under subtitle B of title VII this Act (42 U.S.C. 11431 et
seq.).
``(8) Geographic area.--The term `geographic area' means a
State, metropolitan city, urban county, town, village, or other
nonentitlement area, or a combination or consortia of such, in
the United States, as described in section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5306).
``(9) Homeless individual with a disability.--
``(A) In general.--The term `homeless individual with
a disability' means an individual who is homeless, as
defined in section 103, and has a disability that--
``(i)(I) is expected to be long-continuing or
of indefinite duration;
``(II) substantially impedes the individual's
ability to live independently;
``(III) could be improved by the provision of
more suitable housing conditions; and
``(IV) is a physical, mental, or emotional
impairment, including an impairment caused by
alcohol or drug abuse, post traumatic stress
disorder, or brain injury;
``(ii) is a developmental disability, as
defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15002); or
``(iii) is the disease of acquired
immunodeficiency syndrome or any condition
arising from the etiologic agency for acquired
immunodeficiency syndrome.
``(B) Rule.--Nothing in clause (iii) of subparagraph
(A) shall be construed to limit eligibility under
clause (i) or (ii) of subparagraph (A).
``(10) Legal entity.--The term `legal entity' means--
``(A) an entity described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and
exempt from tax under section 501(a) of such Code;
``(B) an instrumentality of State or local
government; or
``(C) a consortium of instrumentalities of State or
local governments that has constituted itself as an
entity.
``(11) Metropolitan city; urban county; nonentitlement
area.--The terms `metropolitan city', `urban county', and
`nonentitlement area' have the meanings given such terms in
section 102(a) of the Housing and Community Development Act of
1974 (42 U.S.C. 5302(a)).
``(12) New.--The term `new' means, with respect to housing,
that no assistance has been provided under this title for the
housing.
``(13) Operating costs.--The term `operating costs' means
expenses incurred by a project sponsor operating transitional
housing or permanent housing under this title with respect to--
``(A) the administration, maintenance, repair, and
security of such housing;
``(B) utilities, fuel, furnishings, and equipment for
such housing; or
``(C) coordination of services as needed to ensure
long-term housing stability.
``(14) Outpatient health services.--The term `outpatient
health services' means outpatient health care services, mental
health services, and outpatient substance abuse services.
``(15) Permanent housing.--The term `permanent housing' means
community-based housing without a designated length of stay,
and includes both permanent supportive housing and permanent
housing without supportive services.
``(16) Personally identifying information.--The term
`personally identifying information' means individually
identifying information for or about an individual, including
information likely to disclose the location of a victim of
domestic violence, dating violence, sexual assault, or
stalking, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail
or Internet protocol address, or telephone or facsimile
number);
``(D) a social security number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation,
that, in combination with any other non-personally
identifying information, would serve to identify any
individual.
``(17) Private nonprofit organization.--The term `private
nonprofit organization' means an organization--
``(A) no part of the net earnings of which inures to
the benefit of any member, founder, contributor, or
individual;
``(B) that has a voluntary board;
``(C) that has an accounting system, or has
designated a fiscal agent in accordance with
requirements established by the Secretary; and
``(D) that practices nondiscrimination in the
provision of assistance.
``(18) Project.--The term `project' means, with respect to
activities carried out under subtitle C, eligible activities
described in section 423(a), undertaken pursuant to a specific
endeavor, such as serving a particular population or providing
a particular resource.
``(19) Project-based.--The term `project-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor; and
``(ii) an owner of a structure that exists as
of the date the contract is entered into; and
``(B) provides that rental assistance payments shall
be made to the owner and that the units in the
structure shall be occupied by eligible persons for not
less than the term of the contract.
``(20) Project sponsor.--The term `project sponsor' means,
with respect to proposed eligible activities, the organization
directly responsible for carrying out the proposed eligible
activities.
``(21) Recipient.--Except as used in subtitle B, the term
`recipient' means an eligible entity who--
``(A) submits an application for a grant under
section 422 that is approved by the Secretary;
``(B) receives the grant directly from the Secretary
to support approved projects described in the
application; and
``(C)(i) serves as a project sponsor for the
projects; or
``(ii) awards the funds to project sponsors to carry
out the projects.
``(22) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(23) Serious mental illness.--The term `serious mental
illness' means a severe and persistent mental illness or
emotional impairment that seriously limits a person's ability
to live independently.
``(24) Solo applicant.--The term `solo applicant' means an
entity that is an eligible entity, directly submits an
application for a grant under subtitle C to the Secretary, and,
if awarded such grant, receives such grant directly from the
Secretary.
``(25) Sponsor-based.--The term `sponsor-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor; and
``(ii) an independent entity that--
``(I) is a private organization; and
``(II) owns or leases dwelling units;
and
``(B) provides that rental assistance payments shall
be made to the independent entity and that eligible
persons shall occupy such assisted units.
``(26) State.--Except as used in subtitle B, the term `State'
means each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Trust Territory of the Pacific Islands, and any
other territory or possession of the United States.
``(27) Supportive services.--The term `supportive services'
means services that address the special needs of people served
by a project, including--
``(A) the establishment and operation of a child care
services program for families experiencing
homelessness;
``(B) the establishment and operation of an
employment assistance program, including providing job
training;
``(C) the provision of outpatient health services,
food, and case management;
``(D) the provision of assistance in obtaining
permanent housing, employment counseling, and
nutritional counseling;
``(E) the provision of outreach services, advocacy,
life skills training, and housing search and counseling
services;
``(F) the provision of mental health services, trauma
counseling, and victim services;
``(G) the provision of assistance in obtaining other
Federal, State, and local assistance available for
residents of supportive housing (including mental
health benefits, employment counseling, and medical
assistance, but not including major medical equipment);
``(H) the provision of legal services for purposes
including requesting reconsiderations and appeals of
veterans and public benefit claim denials and resolving
outstanding warrants that interfere with an
individual's ability to obtain and retain housing;
``(I) the provision of--
``(i) transportation services that facilitate
an individual's ability to obtain and maintain
employment; and
``(ii) health care; and
``(J) other supportive services necessary to obtain
and maintain housing.
``(28) Tenant-based.--The term `tenant-based' means, with
respect to rental assistance, assistance that--
``(A) allows an eligible person to select a housing
unit in which such person will live using rental
assistance provided under subtitle C, except that if
necessary to assure that the provision of supportive
services to a person participating in a program is
feasible, a recipient or project sponsor may require
that the person live--
``(i) in a particular structure or unit for
not more than the first year of the
participation; or
``(ii) within a particular geographic area
for the full period of the participation, or
the period remaining after the period referred
to in subparagraph (A); and
``(B) provides that a person may receive such
assistance and move to another structure, unit, or
geographic area if the person has complied with all
other obligations of the program and has moved out of
the assisted dwelling unit in order to protect the
health or safety of an individual who is or has been
the victim of domestic violence, dating violence,
sexual assault, or stalking, and who reasonably
believed he or she was imminently threatened by harm
from further violence if he or she remained in the
assisted dwelling unit.
``(29) Transitional housing.--The term `transitional housing'
means housing the purpose of which is to facilitate the
movement of individuals and families experiencing homelessness
to permanent housing within 24 months or such longer period as
the Secretary determines necessary.
``(30) Unified funding agency.--The term `unified funding
agency' means a collaborative applicant that performs the
duties described in section 402(g).
``(31) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and
any other population determined to be underserved by the
Secretary, as appropriate.
``(32) Victim service provider.--The term `victim service
provider' means a private nonprofit organization whose primary
mission is to provide services to victims of domestic violence,
dating violence, sexual assault, or stalking. Such term
includes rape crisis centers, battered women's shelters,
domestic violence transitional housing programs, and other
programs.
``(33) Victim services.--The term `victim services' means
services that assist domestic violence, dating violence, sexual
assault, or stalking victims, including services offered by
rape crisis centers and domestic violence shelters, and other
organizations, with a documented history of effective work
concerning domestic violence, dating violence, sexual assault,
or stalking.''.
SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended by inserting after section 401 (as
added by section 101(3) of this Act) the following new section:
``SEC. 402. COLLABORATIVE APPLICANTS.
``(a) Establishment and Designation.--A collaborative applicant shall
be established for a geographic area by the relevant parties in that
geographic area to--
``(1) submit an application for amounts under this subtitle;
and
``(2) perform the duties specified in subsection (f) and, if
applicable, subsection (g).
``(b) No Requirement to Be a Legal Entity.--An entity may be
established to serve as a collaborative applicant under this section
without being a legal entity.
``(c) Remedial Action.--If the Secretary finds that a collaborative
applicant for a geographic area does not meet the requirements of this
section, or if there is no collaborative applicant for a geographic
area, the Secretary may take remedial action to ensure fair
distribution of grant amounts under subtitle C to eligible entities
within that area. Such measures may include designating another body as
a collaborative applicant, or permitting other eligible entities to
apply directly for grants.
``(d) Construction.--Nothing in this section shall be construed to
displace conflict of interest or government fair practices laws, or
their equivalent, that govern applicants for grant amounts under
subtitles B and C.
``(e) Appointment of Agent.--
``(1) In general.--Subject to paragraph (2), a collaborative
applicant may designate an agent to--
``(A) apply for a grant under section 422(c);
``(B) receive and distribute grant funds awarded
under subtitle C; and
``(C) perform other administrative duties.
``(2) Retention of duties.--Any collaborative applicant that
designates an agent pursuant to paragraph (1) shall regardless
of such designation retain all of its duties and
responsibilities under this title.
``(f) Duties.--A collaborative applicant shall--
``(1) design a collaborative process for the development of
an application under subtitle C, and for evaluating the
outcomes of projects for which funds are awarded under subtitle
B, in such a manner as to provide information necessary for the
Secretary--
``(A) to determine compliance with--
``(i) the program requirements under section
426; and
``(ii) the selection criteria described under
section 427; and
``(B) to establish priorities for funding projects in
the geographic area involved;
``(2) participate in the Consolidated Plan for the geographic
area served by the collaborative applicant;
``(3) ensure operation of, and consistent participation by,
project sponsors in a community-wide homeless management
information system (in this subsection referred to as `HMIS')
that--
``(A) collects unduplicated counts of individuals and
families experiencing homelessness;
``(B) analyzes patterns of use of assistance provided
under subtitles B and C for the geographic area
involved;
``(C) provides information to project sponsors and
applicants for needs analyses and funding priorities;
and
``(D) is developed in accordance with standards
established by the Secretary, including standards that
provide for--
``(i) encryption of data collected for
purposes of HMIS;
``(ii) documentation, including keeping an
accurate accounting, proper usage, and
disclosure, of HMIS data;
``(iii) access to HMIS data by staff,
contractors, law enforcement, and academic
researchers;
``(iv) rights of persons receiving services
under this title;
``(v) criminal and civil penalties for
unlawful disclosure of data; and
``(vi) such other standards as may be
determined necessary by the Secretary; and
``(4) certify as to whether or not the applicable States and
units of general local government are criminalizing
homelessness through the enforcement of any laws or policies
that prohibit sleeping, feeding, sitting, resting, or lying in
public spaces when there are no suitable alternatives, or that
result in the destruction of a homeless person's property
without due process, or through the selective enforcement of
laws or policies against homeless persons.
``(g) Unified Funding.--
``(1) In general.--In addition to the duties described in
subsection (f), a collaborative applicant shall receive from
the Secretary and distribute to other project sponsors in the
applicable geographic area funds for projects to be carried out
by such other project sponsors, if--
``(A) the collaborative applicant--
``(i) applies to undertake such collection
and distribution responsibilities in an
application submitted under this subtitle; and
``(ii) is selected to perform such
responsibilities by the Secretary; or
``(B) the Secretary designates the collaborative
applicant as the unified funding agency in the
geographic area, after--
``(i) a finding by the Secretary that the
applicant--
``(I) has the capacity to perform
such responsibilities; and
``(II) would serve the purposes of
this Act as they apply to the
geographic area; and
``(ii) the Secretary provides the
collaborative applicant with the technical
assistance necessary to perform such
responsibilities as such assistance is agreed
to by the collaborative applicant.
``(2) Required actions by a unified funding agency.--A
collaborative applicant that is either selected or designated
as a unified funding agency for a geographic area under
paragraph (1) shall--
``(A) require each project sponsor who is funded by a
grant received under subtitle C to establish such
fiscal control and fund accounting procedures as may be
necessary to assure the proper disbursal of, and
accounting for, Federal funds awarded to the project
sponsor under subtitle C in order to ensure that all
financial transactions carried out under subtitle C are
conducted, and records maintained, in accordance with
generally accepted accounting principles; and
``(B) arrange for an annual survey, audit, or
evaluation of the financial records of each project
carried out by a project sponsor funded by a grant
received under subtitle C.
``(h) Conflict of Interest.--No board member of a collaborative
applicant may participate in decisions of the collaborative applicant
concerning the award of a grant, or provision of other financial
benefits, to such member or the organization that such member
represents.''.
SEC. 103. GENERAL PROVISIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended by inserting after section 403 (as
so redesignated by section 101(2) of this Act) the following new
sections:
``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.
``(a) In General.--After the expiration of the 2-year period that
begins upon the date of the enactment of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008, and except as
provided in subsection (b), any project sponsor receiving funds under
this title to provide emergency shelter, transitional housing, or
permanent housing to families with children under age 18 shall not deny
admission to any family based on the age of any child under age 18.
``(b) Exception.--Notwithstanding the requirement under subsection
(a), project sponsors of transitional housing receiving funds under
this title may target transitional housing resources to families with
children of a specific age only if the project sponsor--
``(1) operates a transitional housing program that has a
primary purpose of implementing an evidence-based practice that
requires that housing units be targeted to families with
children in a specific age group; and
``(2) provides such assurances, as the Secretary shall
require, that an equivalent appropriate alternative living
arrangement for the whole family or household unit has been
secured.
``SEC. 405. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall make available technical
assistance to private nonprofit organizations and other nongovernmental
entities, States, metropolitan cities, urban counties, and counties
that are not urban counties, to implement effective planning processes
for preventing and ending homelessness, to improve their capacity to
prepare collaborative applications, to prevent the separation of
families in emergency shelter or other housing programs, and to adopt
and provide best practices in housing and services for persons
experiencing homeless.
``(b) Reservation.--The Secretary shall reserve not more than 1
percent of the funds made available for any fiscal year for carrying
out subtitles B and C, to provide technical assistance under subsection
(a).''.
SEC. 104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.), as amended by the preceding provisions of
this title, is further amended by adding at the end the following new
section:
``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
``In the course of awarding grants or implementing programs under
this title, the Secretary shall instruct any victim service provider
that is a recipient or subgrantee not to disclose for purposes of the
Homeless Management Information System any personally identifying
information about any client. The Secretary may, after public notice
and comment, require or ask such recipients and subgrantees to disclose
for purposes of the Homeless Management Information System non-
personally identifying information that has been de-identified,
encrypted, or otherwise encoded. Nothing in this section shall be
construed to supersede any provision of any Federal, State, or local
law that provides greater protection than this subsection for victims
of domestic violence, dating violence, sexual assault, or stalking.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.), as amended by the preceding provisions of
this title, is further amended by adding at the end the following new
section:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title $2,200,000,000 for fiscal year 2010 and such sums as may
be necessary for each of fiscal years 2011, 2012, and 2013.
``(b) Permanent Housing Renewals.--Of the amounts made available
pursuant to subsection (a), $595,000,000 for fiscal year 2010,
$670,000,000 for fiscal year 2011, $745,000,000 for fiscal year 2012,
and $825,000,000 for fiscal year 2013, shall be for renewal for one
year of expiring contracts for leasing, rental assistance, and
operating costs for permanent housing.''.
TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM
SEC. 201. GRANT ASSISTANCE.
Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11371 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle B--Emergency Solutions Grants Program'';
(2) by striking section 417 (42 U.S.C. 11377);
(3) by redesignating sections 413 through 416 (42 U.S.C.
11373-6) as sections 414 through 417, respectively; and
(4) by striking section 412 (42 U.S.C. 11372) and inserting
the following:
``SEC. 412. GRANT ASSISTANCE.
``The Secretary shall make grants to States and local governments
(and to private nonprofit organizations providing assistance to persons
experiencing homelessness or at risk of homelessness, in the case of
grants made with reallocated amounts) for the purpose of carrying out
activities described in section 415.
``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.
``(a) In General.--Of the amount made available to carry out this
title for a fiscal year, not including the amounts made available under
section 408(b), the Secretary shall allocate nationally 20 percent of
such amount for activities described in section 415. The Secretary
shall be required to certify that such allocation will not adversely
affect the renewal of existing projects under this subtitle and
subtitle C for those individuals or families who are homeless.
``(b) Allocation.--An entity that receives a grant under section 412,
and serves an area that includes 1 or more geographic areas (or
portions of such areas) served by collaborative applicants that submit
applications under subtitle C, shall allocate the funds made available
through the grant to carry out activities described in section 415, in
consultation with the collaborative applicants.'';
(5) in section 414(b) (42 U.S.C. 11373(b)), as so
redesignated by paragraph (3) of this section, by striking
``amounts appropriated'' and all that follows through ``for
any'' and inserting ``amounts appropriated under section 408
and made available to carry out this subtitle for any''; and
(6) in section 414, as so redesignated by paragraph (3) of
this section, by adding at the end the following new
subsection:
``(f) Reduction of Funds for Criminalizing Homelessness.--Of the
amount made available to carry out this title for a fiscal year, the
Secretary shall reduce the amount of administrative funds available by
half to any jurisdiction for which a collaborative applicant has
submitted a certification under section 402(f)(4) that the unit of
local government has criminalized homelessness. The funds shall instead
be made available to the collaborative applicant for the jurisdiction.
If no collaborative applicant exists for such jurisdiction, the funds
shall be made available to the State to carry out this title.''.
SEC. 202. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 415 (42 U.S.C. 11374), as so redesignated by section 201(3) of
this Act, and inserting the following new section:
``SEC. 415. ELIGIBLE ACTIVITIES.
``(a) In General.--Assistance provided under section 412 may be used
for the following activities:
``(1) The renovation, major rehabilitation, or conversion of
buildings to be used as emergency shelters.
``(2) The provision of essential services related to
emergency shelter or street outreach, including services
concerned with employment, health, education, family support
services for homeless youth, substance abuse services, victim
services, or mental health services, if--
``(A) such essential services have not been provided
by the local government during any part of the
immediately preceding 12-month period or the Secretary
determines that the local government is in a severe
financial deficit; or
``(B) the use of assistance under this subtitle would
complement the provision of those essential services.
``(3) Maintenance, operation, insurance, provision of
utilities, and provision of furnishings related to emergency
shelter.
``(4) Provision of rental assistance to provide short-term or
medium-term housing to homeless individuals or families or
individuals or families at risk of homelessness. Such rental
assistance may include tenant-based or project-based rental
assistance.
``(5) Housing relocation or stabilization services for
homeless individuals or families or individuals or families at
risk of homelessness, including housing search, mediation or
outreach to property owners, legal services, credit repair,
providing security or utility deposits, utility payments,
rental assistance for a final month at a location, assistance
with moving costs, or other activities that are effective at--
``(A) stabilizing individuals and families in their
current housing; or
``(B) quickly moving such individuals and families to
other permanent housing.
``(b) Maximum Allocation for Emergency Shelter Activities.--A grantee
of assistance provided under section 412 for any fiscal year may not
use an amount of such assistance for activities described in paragraphs
(1) through (3) of subsection (a) that exceeds the greater of--
``(1) 50 percent of the aggregate amount of such assistance
provided for the grantee for such fiscal year; or
``(2) the amount expended by such grantee for such activities
during fiscal year most recently completed before the effective
date under section 503 of the Homeless Emergency Assistance and
Rapid Transition to Housing Act of 2008.''.
SEC. 203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION SYSTEM.
Section 416 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11375), as so redesignated by section 201(3) of this Act, is amended by
adding at the end the following new subsection:
``(f) Participation in HMIS.--The Secretary shall ensure that
recipients of funds under this subtitle ensure the consistent
participation by emergency shelters and homelessness prevention and
rehousing programs in any applicable community-wide homeless management
information system.''.
SEC. 204. ADMINISTRATIVE PROVISION.
Section 418 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11378) is amended by striking ``5 percent'' and inserting ``10
percent''.
TITLE III--CONTINUUM OF CARE PROGRAM
SEC. 301. CONTINUUM OF CARE.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by striking the subtitle heading for subtitle C of title
IV (42 U.S.C. 11381 et seq.) and inserting the following:
``Subtitle C--Continuum of Care Program''; and
(2) by striking sections 421 and 422 (42 U.S.C. 11381 and
11382) and inserting the following new sections:
``SEC. 421. PURPOSES.
``The purposes of this subtitle are--
``(1) to promote community-wide commitment to the goal of
ending homelessness;
``(2) to provide funding for efforts by nonprofit providers
and State and local governments to quickly rehouse homeless
individuals and families while minimizing the trauma and
dislocation caused to individuals, families, and communities by
homelessness;
``(3) to promote access to, and effective utilization of,
mainstream programs described in section 203(a)(7) and programs
funded with State or local resources; and
``(4) to optimize self-sufficiency among individuals and
families experiencing homelessness.
``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.
``(a) Projects.--The Secretary shall award grants, on a competitive
basis, and using the selection criteria described in section 427, to
carry out eligible activities under this subtitle for projects that
meet the program requirements under section 426, either by directly
awarding funds to project sponsors or by awarding funds to unified
funding agencies.
``(b) Notification of Funding Availability.--The Secretary shall
release a notification of funding availability for grants awarded under
this subtitle for a fiscal year not later than 3 months after the date
of the enactment of the appropriate Act making appropriations for the
Department of Housing and Urban Development for such fiscal year.
``(c) Applications.--
``(1) Submission to the secretary.--To be eligible to receive
a grant under subsection (a), a project sponsor or unified
funding agency in a geographic area shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require, and containing such information as the
Secretary determines necessary--
``(A) to determine compliance with the program
requirements and selection criteria under this
subtitle; and
``(B) to establish priorities for funding projects in
the geographic area.
``(2) Announcement of awards.--
``(A) In general.--Except as provided in subparagraph
(B), the Secretary shall announce, within 5 months
after the last date for the submission of applications
described in this subsection for a fiscal year, the
grants conditionally awarded under subsection (a) for
that fiscal year.
``(B) Transition.--For a period of up to 2 years
beginning after the effective date under section 503 of
the Homeless Emergency Assistance and Rapid Transition
to Housing Act of 2008, the Secretary shall announce,
within 6 months after the last date for the submission
of applications described in this subsection for a
fiscal year, the grants conditionally awarded under
subsection (a) for that fiscal year.
``(d) Obligation, Distribution, and Utilization of Funds.--
``(1) Requirements for obligation.--
``(A) In general.--Not later than 9 months after the
announcement referred to in subsection (c)(2), each
recipient or project sponsor shall meet all
requirements for the obligation of those funds,
including site control, matching funds, and
environmental review requirements, except as provided
in subparagraphs (B) and (C).
``(B) Acquisition, rehabilitation, or construction.--
Not later than 24 months after the announcement
referred to in subsection (c)(2), each recipient or
project sponsor seeking the obligation of funds for
acquisition of housing, rehabilitation of housing, or
construction of new housing for a grant announced under
subsection (c)(2) shall meet all requirements for the
obligation of those funds, including site control,
matching funds, and environmental review requirements.
``(C) Extensions.--At the discretion of the
Secretary, and in compelling circumstances, the
Secretary may extend the date by which a recipient or
project sponsor shall meet the requirements described
in subparagraphs (A) and (B) if the Secretary
determines that compliance with the requirements was
delayed due to factors beyond the reasonable control of
the recipient or project sponsor. Such factors may
include difficulties in obtaining site control for a
proposed project, completing the process of obtaining
secure financing for the project, obtaining approvals
from State or local governments, or completing the
technical submission requirements for the project.
``(2) Obligation.--Not later than 45 days after a recipient
or project sponsor meets the requirements described in
paragraph (1), the Secretary shall obligate the funds for the
grant involved.
``(3) Distribution.--A recipient that receives funds through
such a grant--
``(A) shall distribute the funds to project sponsors
(in advance of expenditures by the project sponsors);
and
``(B) shall distribute the appropriate portion of the
funds to a project sponsor not later than 45 days after
receiving a request for such distribution from the
project sponsor.
``(4) Expenditure of funds.--The Secretary may establish a
date by which funds made available through a grant announced
under subsection (c)(2) for a homeless assistance project shall
be entirely expended by the recipient or project sponsors
involved. The date established under this paragraph shall not
occur before the expiration of the 24-month period beginning on
the date that funds are obligated for activities described
under paragraphs (1) or (2) of section 423(a). The Secretary
shall recapture the funds not expended by such date. The
Secretary shall reallocate the funds for another homeless
assistance and prevention project that meets the requirements
of this subtitle to be carried out, if possible and
appropriate, in the same geographic area as the area served
through the original grant.
``(e) Renewal Funding for Unsuccessful Applicants.--The Secretary may
renew funding for a specific project previously funded under this
subtitle that the Secretary determines meets the purposes of this
subtitle, and was included as part of a total application that met the
criteria of subsection (c), even if the application was not selected to
receive grant assistance. The Secretary may renew the funding for a
period of not more than 1 year, and under such conditions as the
Secretary determines to be appropriate.
``(f) Considerations in Determining Renewal Funding.--When providing
renewal funding for leasing, operating costs, or rental assistance for
permanent housing, the Secretary shall make adjustments proportional to
increases in the fair market rents in the geographic area.
``(g) More Than 1 Application for a Geographic Area.--If more than 1
collaborative applicant applies for funds for a geographic area, the
Secretary shall award funds to the collaborative applicant with the
highest score based on the selection criteria set forth in section 427.
``(h) Coordination With Low Income Housing Credit.--Assistance under
this subtitle is intended to facilitate the utilization of Low Income
Housing Credits under section 42 of the Internal Revenue Code of 1986.
``(i) Appeals.--
``(1) In general.--The Secretary shall establish a timely
appeal procedure for grant amounts awarded or denied under this
subtitle pursuant to a collaborative application or solo
application for funding.
``(2) Process.--The Secretary shall ensure that the procedure
permits appeals submitted by entities carrying out homeless
housing and services projects (including emergency shelters and
homelessness prevention programs), and all other applicants
under this subtitle.
``(j) Solo Applicants.--A solo applicant may submit an application to
the Secretary for a grant under subsection (a) and be awarded such
grant on the same basis as such grants are awarded to other applicants
based on the criteria described in section 427, but only if the
Secretary determines that the solo applicant has attempted to
participate in the continuum of care process but was not permitted to
participate in a reasonable manner. The Secretary may award such grants
directly to such applicants in a manner determined to be appropriate by
the Secretary.
``(k) Flexibility to Serve Persons Defined as Homeless Under Other
Federal Laws.--
``(1) In general.--A collaborative applicant may use up to 10
percent of funds awarded under title III (continuum of care
funding) for any of the types of eligible activities specified
in paragraphs (1) through (7) of section 423(a) to serve
families with children and youth defined as homeless under
other Federal statutes, provided that the applicant
demonstrates that the use of such funds is of an equal or
greater priority or is equally or more cost effective in
meeting the overall goals and objectives of the plan submitted
under section 427(b)(1)(B), especially with respect to children
and unaccompanied youth.
``(2) Limitations.--The 10 percent limitation under paragraph
(1) shall not apply to collaborative applicants in which the
rate of homelessness, as calculated under section 427(b)(3), is
less than one-tenth of 1 percent of total population.''.
SEC. 302. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 423 (42 U.S.C. 11383) and inserting the following new section:
``SEC. 423. ELIGIBLE ACTIVITIES.
``(a) In General.--Grants awarded under section 422 to qualified
applicants shall be used to carry out projects that serve homeless
individuals or families that consist of one or more of the following
eligible activities:
``(1) Construction of new housing units to provide
transitional or permanent housing.
``(2) Acquisition or rehabilitation of a structure to provide
transitional or permanent housing, other than emergency
shelter, or to provide supportive services.
``(3) Leasing of property, or portions of property, not owned
by the recipient or project sponsor involved, for use in
providing transitional or permanent housing, or providing
supportive services.
``(4) Provision of rental assistance to provide transitional
or permanent housing to eligible persons. The rental assistance
may include tenant-based, project-based, or sponsor-based
rental assistance. Project-based rental assistance, sponsor-
based rental assistance, and operating cost assistance
contracts carried out by project sponsors receiving grants
under this section may, at the discretion of the applicant and
the project sponsor, have an initial term of 15 years, with
assistance for the first 5 years paid with funds authorized for
appropriation under this Act, and assistance for the remainder
of the term treated as a renewal of an expiring contract as
provided in section 408(b). Project-based rental assistance may
include rental assistance to preserve existing permanent
supportive housing for homeless individuals and families.
``(5) Payment of operating costs for housing units assisted
under this subtitle or for the preservation of housing that
will serve homeless individuals and families and for which
another form of assistance is expiring or otherwise no longer
available.
``(6) Supportive services for individuals and families who
are currently homeless, who have been homeless in the prior six
months but are currently residing in permanent housing, or who
were previously homeless and are currently residing in
permanent supportive housing.
``(7) Provision of rehousing services, including housing
search, mediation or outreach to property owners, credit
repair, providing security or utility deposits, rental
assistance for a final month at a location, assistance with
moving costs, or other activities that--
``(A) are effective at moving homeless individuals
and families immediately into housing; or
``(B) may benefit individuals and families who in the
prior 6 months have been homeless, but are currently
residing in permanent housing.
``(8) In the case of a collaborative applicant that is a
legal entity, performance of the duties described under section
402(f)(3).
``(9) Operation of, participation in, and ensuring consistent
participation by project sponsors in, a community-wide homeless
management information system.
``(10) In the case of a collaborative applicant that is a
legal entity, payment of administrative costs related to
meeting the requirements described in paragraphs (1) and (2) of
section 402(f), for which the collaborative applicant may use
not more than 3 percent of the total funds made available in
the geographic area under this subtitle for such costs.
``(11) In the case of a collaborative applicant that is a
unified funding agency under section 402(g), payment of
administrative costs related to meeting the requirements of
that section, for which the unified funding agency may use not
more than 3 percent of the total funds made available in the
geographic area under this subtitle for such costs, in addition
to funds used under paragraph (10).
``(12) Payment of administrative costs to project sponsors,
for which each project sponsor may use not more than 10 percent
of the total funds made available to that project sponsor
through this subtitle for such costs.
``(b) Minimum Grant Terms.--The Secretary may impose minimum grant
terms of up to 5 years for new projects providing permanent housing.
``(c) Use Restrictions.--
``(1) Acquisition, rehabilitation, and new construction.--A
project that consists of activities described in paragraph (1)
or (2) of subsection (a) shall be operated for the purpose
specified in the application submitted for the project under
section 422 for not less than 20 years.
``(2) Other activities.--A project that consists of
activities described in any of paragraphs (3) through (12) of
subsection (a) shall be operated for the purpose specified in
the application submitted for the project under section 422 for
the duration of the grant period involved.
``(3) Conversion.--If the recipient or project sponsor
carrying out a project that provides transitional or permanent
housing submits a request to the Secretary to carry out instead
a project for the direct benefit of low-income persons, and the
Secretary determines that the initial project is no longer
needed to provide transitional or permanent housing, the
Secretary may approve the project described in the request and
authorize the recipient or project sponsor to carry out that
project.
``(d) Repayment of Assistance and Prevention of Undue Benefits.--
``(1) Repayment.--If a recipient or project sponsor receives
assistance under section 422 to carry out a project that
consists of activities described in paragraph (1) or (2) of
subsection (a) and the project ceases to provide transitional
or permanent housing--
``(A) earlier than 10 years after operation of the
project begins, the Secretary shall require the
recipient or project sponsor to repay 100 percent of
the assistance; or
``(B) not earlier than 10 years, but earlier than 20
years, after operation of the project begins, the
Secretary shall require the recipient or project
sponsor to repay 10 percent of the assistance for each
of the years in the 20-year period for which the
project fails to provide that housing.
``(2) Prevention of undue benefits.--Except as provided in
paragraph (3), if any property is used for a project that
receives assistance under subsection (a) and consists of
activities described in paragraph (1) or (2) of subsection (a),
and the sale or other disposition of the property occurs before
the expiration of the 20-year period beginning on the date that
operation of the project begins, the recipient or project
sponsor who received the assistance shall comply with such
terms and conditions as the Secretary may prescribe to prevent
the recipient or project sponsor from unduly benefitting from
such sale or disposition.
``(3) Exception.--A recipient or project sponsor shall not be
required to make the repayments, and comply with the terms and
conditions, required under paragraph (1) or (2) if--
``(A) the sale or disposition of the property used
for the project results in the use of the property for
the direct benefit of very low-income persons;
``(B) all of the proceeds of the sale or disposition
are used to provide transitional or permanent housing
meeting the requirements of this subtitle;
``(C) project-based rental assistance or operating
cost assistance from any Federal program or an
equivalent State or local program is no longer made
available and the project is meeting applicable
performance standards, provided that the portion of the
project that had benefitted from such assistance
continues to meet the tenant income and rent
restrictions for low-income units under section 42(g)
of the Internal Revenue Code of 1986; or
``(D) there are no individuals and families in the
geographic area who are homeless, in which case the
project may serve individuals and families at risk of
homelessness.
``(e) Staff Training.--The Secretary may allow reasonable costs
associated with staff training to be included as part of the activities
described in subsection (a).
``(f) Eligibility for Permanent Housing.--Any project that receives
assistance under subsection (a) and that provides project-based or
sponsor-based permanent housing for homeless individuals or families
with a disability, including projects that meet the requirements of
subsection (a) and subsection (d)(2)(A) of section 428 may also serve
individuals who had previously met the requirements for such project
prior to moving into a different permanent housing project.
``(g) Administration of Rental Assistance.--Provision of permanent
housing rental assistance shall be administered by a State, unit of
general local government, or public housing agency.''.
SEC. 303. HIGH PERFORMING COMMUNITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 424 (42 U.S.C. 11384) and inserting the following:
``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.
``(a) Designation as a High-Performing Community.--
``(1) In general.--The Secretary shall designate, on an
annual basis, which collaborative applicants represent high-
performing communities.
``(2) Consideration.--In determining whether to designate a
collaborative applicant as a high-performing community under
paragraph (1), the Secretary shall establish criteria to ensure
that the requirements described under paragraphs (1)(B) and
(2)(B) of subsection (d) are measured by comparing homeless
individuals and families under similar circumstances, in order
to encourage projects in the geographic area to serve homeless
individuals and families with more severe barriers to housing
stability.
``(3) 2-year phase in.--In each of the first 2 years after
the effective date under section 503 of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008, the
Secretary shall designate not more than 10 collaborative
applicants as high-performing communities.
``(4) Excess of qualified applicants.--If, during the 2-year
period described under paragraph (2), more than 10
collaborative applicants could qualify to be designated as
high-performing communities, the Secretary shall designate the
10 that have, in the discretion of the Secretary, the best
performance based on the criteria described under subsection
(d).
``(5) Time limit on designation.--The designation of any
collaborative applicant as a high-performing community under
this subsection shall be effective only for the year in which
such designation is made. The Secretary, on an annual basis,
may renew any such designation.
``(b) Application.--
``(1) In general.--A collaborative applicant seeking
designation as a high-performing community under subsection (a)
shall submit an application to the Secretary at such time, and
in such manner as the Secretary may require.
``(2) Content of application.--In any application submitted
under paragraph (1), a collaborative applicant shall include in
such application--
``(A) a report showing how any money received under
this subtitle in the preceding year was expended; and
``(B) information that such applicant can meet the
requirements described under subsection (d).
``(3) Publication of application.--The Secretary shall--
``(A) publish any report or information submitted in
an application under this section in the geographic
area represented by the collaborative applicant; and
``(B) seek comments from the public as to whether the
collaborative applicant seeking designation as a high-
performing community meets the requirements described
under subsection (d).
``(c) Use of Funds.--Funds awarded under section 422(a) to a project
sponsor who is located in a high-performing community may be used--
``(1) for any of the eligible activities described in section
423; or
``(2) for any of the eligible activities described in
paragraphs (4) and (5) of section 415(a).
``(d) Definition of High-Performing Community.--For purposes of this
section, the term `high-performing community' means a geographic area
that demonstrates through reliable data that all five of the following
requirements are met for that geographic area:
``(1) Term of homelessness.--The mean length of episodes of
homelessness for that geographic area--
``(A) is less than 20 days; or
``(B) for individuals and families in similar
circumstances in the preceding year was at least 10
percent less than in the year before.
``(2) Families leaving homelessness.--Of individuals and
families--
``(A) who leave homelessness, fewer than 5 percent of
such individuals and families become homeless again at
any time within the next 2 years; or
``(B) in similar circumstances who leave
homelessness, the percentage of such individuals and
families who become homeless again within the next 2
years has decreased by at least 20 percent from the
preceding year.
``(3) Community action.--The communities that compose the
geographic area have--
``(A) actively encouraged homeless individuals and
families to participate in homeless assistance services
available in that geographic area; and
``(B) included each homeless individual or family who
sought homeless assistance services in the data system
used by that community for determining compliance with
this subsection.
``(4) Effectiveness of previous activities.--If recipients in
the geographic area have used funding awarded under section
422(a) for eligible activities described under section 415(a)
in previous years based on the authority granted under
subsection (c), that such activities were effective at reducing
the number of individuals and families who became homeless in
that community.
``(5) Flexibility to serve persons defined as homeless under
other federal laws.--With respect to collaborative applicants
exercising the authority under section 422(k) to serve homeless
families with children and youth defined as homeless under
other Federal statutes, effectiveness in achieving the goals
and outcomes identified in subsection 427(b)(1)(F) according to
such standards as the Secretary shall promulgate.
``(e) Cooperation Among Entities.--A collaborative applicant
designated as a high-performing community under this section shall
cooperate with the Secretary in distributing information about
successful efforts within the geographic area represented by the
collaborative applicant to reduce homelessness.''.
SEC. 304. PROGRAM REQUIREMENTS.
Section 426 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11386) is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Site Control.--The Secretary shall require that each
application include reasonable assurances that the applicant will own
or have control of a site for the proposed project not later than the
expiration of the 12-month period beginning upon notification of an
award for grant assistance, unless the application proposes providing
supportive housing assistance under section 423(a)(3) or housing that
will eventually be owned or controlled by the families and individuals
served. An applicant may obtain ownership or control of a suitable site
different from the site specified in the application. If any recipient
or project sponsor fails to obtain ownership or control of the site
within 12 months after notification of an award for grant assistance,
the grant shall be recaptured and reallocated under this subtitle.
``(b) Required Agreements.--The Secretary may not provide assistance
for a proposed project under this subtitle unless the collaborative
applicant involved agrees--
``(1) to ensure the operation of the project in accordance
with the provisions of this subtitle;
``(2) to monitor and report to the Secretary the progress of
the project;
``(3) to ensure, to the maximum extent practicable, that
individuals and families experiencing homelessness are
involved, through employment, provision of volunteer services,
or otherwise, in constructing, rehabilitating, maintaining, and
operating facilities for the project and in providing
supportive services for the project;
``(4) to require certification from all project sponsors
that--
``(A) they will maintain the confidentiality of
records pertaining to any individual or family provided
family violence prevention or treatment services
through the project;
``(B) that the address or location of any family
violence shelter project assisted under this subtitle
will not be made public, except with written
authorization of the person responsible for the
operation of such project;
``(C) they will establish policies and practices that
are consistent with, and do not restrict the exercise
of rights provided by, subtitle B of title VII, and
other laws relating to the provision of educational and
related services to individuals and families
experiencing homelessness;
``(D) in the case of programs that provide housing or
services to families, they will designate a staff
person to be responsible for ensuring that children
being served in the program are enrolled in school and
connected to appropriate services in the community,
including early childhood programs such as Head Start,
part C of the Individuals with Disabilities Education
Act, and programs authorized under subtitle B of title
VII of this Act (42 U.S.C. 11431 et seq.); and
``(E) they will provide data and reports as required
by the Secretary pursuant to the Act;
``(5) if a collaborative applicant is a unified funding
agency under section 402(g) and receives funds under subtitle C
to carry out the payment of administrative costs described in
section 423(a)(11), to establish such fiscal control and fund
accounting procedures as may be necessary to assure the proper
disbursal of, and accounting for, such funds in order to ensure
that all financial transactions carried out with such funds are
conducted, and records maintained, in accordance with generally
accepted accounting principles;
``(6) to monitor and report to the Secretary the provision of
matching funds as required by section 430;
``(7) to take the educational needs of children into account
when families are placed in emergency or transitional shelter
and will, to the maximum extent practicable, place families
with children as close as possible to their school of origin so
as not to disrupt such children's education; and
``(8) to comply with such other terms and conditions as the
Secretary may establish to carry out this subtitle in an
effective and efficient manner.'';
(2) by redesignating subsection (d) as subsection (c);
(3) in the first sentence of subsection (c) (as so
redesignated by paragraph (2) of this subsection), by striking
``recipient'' and inserting ``recipient or project sponsor'';
(4) by striking subsection (e);
(5) by redesignating subsections (f), (g), and (h), as
subsections (d), (e), and (f), respectively;
(6) in the first sentence of subsection (e) (as so
redesignated by paragraph (5) of this section), by striking
``recipient'' each place it appears and inserting ``recipient
or project sponsor'';
(7) by striking subsection (i); and
(8) by redesignating subsection (j) as subsection (g).
SEC. 305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND FUNDING.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by repealing section 429 (42 U.S.C. 11389); and
(2) by redesignating sections 427 and 428 (42 U.S.C. 11387,
11388) as sections 432 and 433, respectively; and
(3) by inserting after section 426 the following new
sections:
``SEC. 427. SELECTION CRITERIA.
``(a) In General.--The Secretary shall award funds to recipients
through a national competition between geographic areas based on
criteria established by the Secretary.
``(b) Required Criteria.--
``(1) In general.--The criteria established under subsection
(a) shall include--
``(A) the previous performance of the recipient
regarding homelessness, including performance related
to funds provided under section 412 (except that
recipients applying from geographic areas where no
funds have been awarded under this subtitle, or under
subtitles C, D, E, or F of title IV of this Act, as in
effect prior to the date of the enactment of the
Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2008, shall receive full credit for
performance under this subparagraph), measured by
criteria that shall be announced by the Secretary, that
shall take into account barriers faced by individual
homeless people, and that shall include--
``(i) the length of time individuals and
families remain homeless;
``(ii) the extent to which individuals and
families who leave homelessness experience
additional spells of homelessness;
``(iii) the thoroughness of grantees in the
geographic area in reaching homeless
individuals and families;
``(iv) overall reduction in the number of
homeless individuals and families;
``(v) jobs and income growth for homeless
individuals and families;
``(vi) success at reducing the number of
individuals and families who become homeless;
``(vii) other accomplishments by the
recipient related to reducing homelessness; and
``(viii) for collaborative applicants that
have exercised the authority under section
422(k) to serve families with children and
youth defined as homeless under other Federal
statutes, success in achieving the goals and
outcomes identified in section 427(b)(1)(F);
``(B) the plan of the recipient, which shall
describe--
``(i) how the number of individuals and
families who become homeless will be reduced in
the community;
``(ii) how the length of time that
individuals and families remain homeless will
be reduced;
``(iii) how the recipient will collaborate
with local education authorities to assist in
the identification of individuals and families
who become or remain homeless and are informed
of their eligibility for services under
subtitle B of title VII of this Act (42 U.S.C.
11431 et seq.);
``(iv) the extent to which the recipient
will--
``(I) address the needs of all
relevant subpopulations;
``(II) incorporate comprehensive
strategies for reducing homelessness,
including the interventions referred to
in section 428(d);
``(III) set quantifiable performance
measures;
``(IV) set timelines for completion
of specific tasks;
``(V) identify specific funding
sources for planned activities; and
``(VI) identify an individual or body
responsible for overseeing
implementation of specific strategies;
and
``(v) whether the recipient proposes to
exercise authority to use funds under section
422(k), and if so, how the recipient will
achieve the goals and outcomes identified in
section 427(b)(1)(F);
``(C) the methodology of the recipient used to
determine the priority for funding local projects under
section 422(c)(1), including the extent to which the
priority-setting process--
``(i) uses periodically collected information
and analysis to determine the extent to which
each project has resulted in rapid return to
permanent housing for those served by the
project, taking into account the severity of
barriers faced by the people the project
serves;
``(ii) considers the full range of opinions
from individuals or entities with knowledge of
homelessness in the geographic area or an
interest in preventing or ending homelessness
in the geographic area;
``(iii) is based on objective criteria that
have been publicly announced by the recipient;
and
``(iv) is open to proposals from entities
that have not previously received funds under
this subtitle;
``(D) the extent to which the amount of assistance to
be provided under this subtitle to the recipient will
be supplemented with resources from other public and
private sources, including mainstream programs
identified by the Government Accountability Office in
the two reports described in section 203(a)(7);
``(E) demonstrated coordination by the recipient with
the other Federal, State, local, private, and other
entities serving individuals and families experiencing
homelessness and at risk of homelessness in the
planning and operation of projects;
``(F) for collaborative applicants exercising the
authority under section 422(k) to serve homeless
families with children and youth defined as homeless
under other Federal statutes, program goals and
outcomes, which shall include--
``(i) preventing homelessness among the
subset of such families with children and youth
who are at highest risk of becoming homeless,
as such term is defined for purposes of this
title; or
``(ii) achieving independent living in
permanent housing among such families with
children and youth, especially those who have a
history of doubled-up and other temporary
housing situations or are living in a temporary
housing situation due to lack of available and
appropriate emergency shelter, through the
provision of eligible assistance that directly
contributes to achieving such results including
assistance to address chronic disabilities,
chronic physical health or mental health
conditions, substance addiction, histories of
domestic violence or childhood abuse, or
multiple barriers to employment; and
``(G) such other factors as the Secretary determines
to be appropriate to carry out this subtitle in an
effective and efficient manner.
``(2) Additional criteria.--In addition to the criteria
required under paragraph (1), the criteria established under
paragraph (1) shall also include the need within the geographic
area for homeless services, determined as follows and under the
following conditions:
``(A) Notice.--The Secretary shall inform each
collaborative applicant, at a time concurrent with the
release of the notice of funding availability for the
grants, of the pro rata estimated grant amount under
this subtitle for the geographic area represented by
the collaborative applicant.
``(B) Amount.--
``(i) Basis.--Such estimated grant amount
shall be based on a percentage of the total
funds available, or estimated to be available,
to carry out this subtitle for any fiscal year
that is equal to the percentage of the total
amount available for section 106 of the Housing
and Community Development Act of 1974 (42
U.S.C. 5306) for the prior fiscal year that
``(I) was allocated to all
metropolitan cities and urban counties
within the geographic area represented
by the collaborative applicant; or
``(II) would have been distributed to
all counties within such geographic
area that are not urban counties, if
the 30 percent portion of the
allocation to the State involved (as
described in subsection (d)(1) of that
section 106) for that year had been
distributed among the counties that are
not urban counties in the State in
accordance with the formula specified
in that subsection (with references in
that subsection to nonentitlement areas
considered to be references to those
counties).
``(ii) Adjustment.--In computing the
estimated grant amount, the Secretary shall
adjust the estimated grant amount determined
pursuant to clause (i) to ensure that--
``(I) 75 percent of the total funds
available, or estimated to be
available, to carry out this subtitle
for any fiscal year are allocated to
the metropolitan cities and urban
counties that received a direct
allocation of funds under section 413
for the prior fiscal year; and
``(II) 25 percent of the total funds
available, or estimated to be
available, to carry out this subtitle
for any fiscal year are allocated--
``(aa) to the metropolitan
cities and urban counties that
did not receive a direct
allocation of funds under
section 413 for the prior
fiscal year; and
``(bb) to counties that are
not urban counties.
``(iii) Combinations or consortia.--For any
collaborative applicant that represents a
combination or consortium of cities or
counties, the estimated grant amount shall be
the sum of the estimated grant amounts for the
cities or counties represented by the
collaborative applicant.
``(3) Homelessness counts.--The Secretary shall not require
that communities conduct an actual count of homeless people
other than those described in paragraphs (1) through (4) of
section 103(a) of this Act (42 U.S.C. 11302(a)).
``(c) Adjustments.--The Secretary may adjust the formula described in
subsection (b)(2) as necessary--
``(1) to ensure that each collaborative applicant has
sufficient funding to renew all qualified projects for at least
one year; and
``(2) to ensure that collaborative applicants are not
discouraged from replacing renewal projects with new projects
that the collaborative applicant determines will better be able
to meet the purposes of this Act.
``SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC ELIGIBLE
ACTIVITIES.
``(a) Minimum Allocation for Permanent Housing for Homeless
Individuals and Families With Disabilities.--
``(1) In general.--From the amounts made available to carry
out this subtitle for a fiscal year, a portion equal to not
less than 30 percent of the sums made available under section
408, not including amounts described in section 408(b), shall
be used for new permanent housing for homeless individuals with
disabilities and homeless families that include such an
individual who is an adult or a minor head of household if no
adult is present in the household.
``(2) Calculation.--In calculating the portion of the amount
described in paragraph (1) that is used for activities that are
described in paragraph (1), the Secretary shall not count funds
made available to renew contracts for existing projects under
section 408(b).
``(3) Adjustments.--The 30 percent figure in paragraph (1)
shall be reduced as follows:
``(A) Proportionately based on need under section
427(b)(2) in geographic areas for which subsection (e)
applies in regard to subsection (d)(2)(A); and
``(B) by two percentage points for every three
percentage points above 35 percent of the amount of
funding provided under subtitle B and this subtitle
that is needed to renew existing grants for one year,
other than those provided for under section 429.
``(4) Termination.--The requirement established in paragraph
(1) shall terminate upon a finding by the Secretary that since
the beginning of 2001 at least 150,000 new units of permanent
housing for homeless individuals and families with disabilities
have been funded under this subtitle.
``(b) Set-Aside for Permanent Housing for Homeless Families With
Children.--From the amounts made available to carry out this subtitle
for a fiscal year, a portion equal to not less than 10 percent of the
sums made available to carry out subtitle B and this subtitle for that
fiscal year shall be used to provide or secure permanent housing for
homeless families with children.
``(c) Treatment of Amounts for Permanent or Transitional Housing.--
Nothing in this Act may be construed to establish a limit on the amount
of funding that an applicant may request under this subtitle for
acquisition, construction, or rehabilitation activities for the
development of permanent housing or transitional housing.
``(d) Incentives for Proven Strategies.--
``(1) In general.--The Secretary shall provide bonuses or
other incentives to geographic areas for using funding under
this subtitle for activities that have been proven to be
effective at reducing homelessness generally, reducing
homelessness for a specific subpopulation, or achieving
homeless prevention and independent living goals as set forth
in section 427(b)(1)(F).
``(2) Rule of construction.--For purposes of this subsection,
activities that have been proven to be effective at reducing
homelessness generally or reducing homelessness for a specific
subpopulation includes--
``(A) permanent supportive housing for chronically
homeless individuals and families;
``(B) for homeless families, rapid rehousing
services, short-term flexible subsidies to overcome
barriers to rehousing, support services concentrating
on improving incomes to pay rent, coupled with
performance measures emphasizing rapid and permanent
rehousing and with leveraging funding from mainstream
family service systems such as Temporary Assistance for
Needy Families and Child Welfare services; and
``(C) any other activity determined by the Secretary,
based on research and after notice and comment to the
public, to have been proven effective at reducing
homelessness generally, reducing homelessness for a
specific subpopulation, or achieving homeless
prevention and independent living goals as set forth in
section 427(b)(1)(F).
``(3) Balance of incentives for proven strategies.--To the
extent practicable, in providing bonuses or incentives for
proven strategies, the Secretary shall seek to maintain a
balance among strategies targeting homeless individuals,
families, and other subpopulations. The Secretary shall not
implement bonuses or incentives that specifically discourage
collaborative applicants from exercising their flexibility to
serve families with children and youth defined as homeless
under other Federal statutes.
``(e) Incentives for Successful Implementation of Proven
Strategies.--If any geographic area demonstrates that it has fully
implemented any of the activities described in subsection (d) for all
homeless individuals and families or for all members of subpopulations
for whom such activities are targeted, that geographic area shall
receive the bonus or incentive provided under subsection (d), but may
use such bonus or incentive for any eligible activity under either
section 423 or paragraphs (4) and (5) of section 415(a) for homeless
people generally or for the relevant subpopulation.
``SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR PERMANENT
HOUSING.
``(a) In General.--Renewal of permanent housing contracts, as
provided under section 408(b), may be funded either under the
appropriations account for this title or may be funded under the
section 8 project-based rental assistance account, except that renewal
under the project-based rental assistance account shall be contingent
on sufficient funding in such account for the full year renewal of all
project-based contracts expiring in such year.
``(b) Renewals.--The sums made available under section 408(b) shall
be available for the renewal of contracts in the case of tenant-based
assistance, successive one-year terms, and in the case of project-based
assistance, successive terms of up to 15 years at the discretion of the
applicant or project sponsor and subject to the availability of annual
appropriations, for rental assistance and housing operation costs
associated with permanent housing projects funded under this subtitle,
or under subtitle C or F (as in effect on the day before the effective
date under section 503 of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008). The Secretary shall determine
whether to renew a contract for such a permanent housing project on the
basis of certification by the collaborative applicant for the
geographic area that--
``(1) there is a demonstrated need for the project; and
``(2) the project complies with program requirements and
appropriate standards of housing quality and habitability, as
determined by the Secretary.
``(c) Construction.--Nothing in this section shall be construed as
prohibiting the Secretary from renewing contracts under this subtitle
in accordance with criteria set forth in a provision of this subtitle
other than this section.
``SEC. 430. MATCHING FUNDING.
``(a) In General.--A collaborative applicant in a geographic area in
which funds are awarded under this subtitle shall specify contributions
from any source other than a grant awarded under this subtitle,
including renewal funding of projects assisted under subtitles C, D,
and F of this title as in effect before the effective date under
section 503 of the Homeless Emergency Assistance and Rapid Transition
to Housing Act of 2008, that shall be made available in the geographic
area in an amount equal to not less than 25 percent of the funds
provided to recipients in the geographic area, except that grants for
leasing shall not be subject to any match requirement.
``(b) Limitations on In-Kind Match.--The cash value of services
provided to the residents or clients of a project sponsor by an entity
other than the project sponsor may count toward the contributions in
subsection (a) only when documented by a memorandum of understanding
between the project sponsor and the other entity that such services
will be provided.
``(c) Countable Activities.--The contributions required under
subsection (a) may consist of--
``(1) funding for any eligible activity described under
section 423; and
``(2) subject to subsection (b), in-kind provision of
services of any eligible activity described under section 423.
``SEC. 431. APPEAL PROCEDURE.
``(a) In General.--With respect to funding under this subtitle, if
certification of consistency with the consolidated plan pursuant to
section 403 is withheld from an applicant who has submitted an
application for that certification, such applicant may appeal such
decision to the Secretary.
``(b) Procedure.--The Secretary shall establish a procedure to
process the appeals described in subsection (a).
``(c) Determination.--Not later than 45 days after the date of
receipt of an appeal described in subsection (a), the Secretary shall
determine if certification was unreasonably withheld. If such
certification was unreasonably withheld, the Secretary shall review
such application and determine if such applicant shall receive funding
under this subtitle.''.
SEC. 306. RESEARCH.
There is authorized to be appropriated $8,000,000, for each of fiscal
years 2010, 2011, 2012, and 2013, for research into the efficacy of
interventions for homeless families, to be expended by the Secretary of
Housing and Urban Development over the 3 years at 3 different sites to
provide services for homeless families and evaluate the effectiveness
of such services.
TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM
SEC. 401. RURAL HOUSING STABILITY ASSISTANCE.
Subtitle G of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11408 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle G--Rural Housing Stability Assistance Program''; and
(2) in section 491--
(A) by striking the section heading and inserting
``RURAL HOUSING STABILITY GRANT PROGRAM.'';
(B) in subsection (a)--
(i) by striking ``rural homelessness grant
program'' and inserting ``rural housing
stability grant program'';
(ii) by inserting ``in lieu of grants under
subtitle C'' after ``eligible organizations'';
and
(iii) by striking paragraphs (1), (2), and
(3), and inserting the following:
``(1) rehousing or improving the housing situations of
individuals and families who are homeless or at risk of
homelessness in the geographic area;
``(2) stabilizing the housing of individuals and families who
are in imminent danger of losing housing; and
``(3) improving the ability of the lowest-income residents of
the community to afford stable housing.'';
(C) in subsection (b)(1)--
(i) by redesignating subparagraphs (E), (F),
and (G) as subparagraphs (I), (J), and (K),
respectively; and
(ii) by striking subparagraph (D) and
inserting the following:
``(D) construction of new housing units to provide
transitional or permanent housing to homeless
individuals and families and individuals and families
at risk of homelessness;
``(E) acquisition or rehabilitation of a structure to
provide supportive services or to provide transitional
or permanent housing, other than emergency shelter, to
homeless individuals and families and individuals and
families at risk of homelessness;
``(F) leasing of property, or portions of property,
not owned by the recipient or project sponsor involved,
for use in providing transitional or permanent housing
to homeless individuals and families and individuals
and families at risk of homelessness, or providing
supportive services to such homeless and at-risk
individuals and families;
``(G) provision of rental assistance to provide
transitional or permanent housing to homeless
individuals and families and individuals and families
at risk of homelessness, such rental assistance may
include tenant-based or project-based rental
assistance;
``(H) payment of operating costs for housing units
assisted under this title;'';
(D) in subsection (b)(2), by striking
``appropriated'' and inserting ``transferred'';
(E) in subsection (c)--
(i) in paragraph (1)(A), by striking
``appropriated'' and inserting ``transferred'';
and
(ii) in paragraph (3), by striking
``appropriated'' and inserting ``transferred'';
(F) in subsection (d)--
(i) in paragraph (5), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (6)--
(I) by striking ``an agreement'' and
all that follows through ``families''
and inserting the following: ``a
description of how individuals and
families who are homeless or who have
the lowest incomes in the community
will be involved by the organization'';
and
(II) by striking the period at the
end, and inserting a semicolon; and
(iii) by adding at the end the following:
``(7) a description of consultations that took place within
the community to ascertain the most important uses for funding
under this section, including the involvement of potential
beneficiaries of the project; and
``(8) a description of the extent and nature of homelessness
and of the worst housing situations in the community.'';
(G) by striking subsections (f) and (g) and inserting
the following:
``(f) Matching Funding.--
``(1) In general.--An organization eligible to receive a
grant under subsection (a) shall specify matching contributions
from any source other than a grant awarded under this subtitle,
that shall be made available in the geographic area in an
amount equal to not less than 25 percent of the funds provided
to recipients in the geographic area, except that grants for
leasing shall not be subject to any match requirement.
``(2) Limitations on in-kind match.--The cash value of
services provided to the beneficiaries or clients of an
eligible organization by an entity other than the organization
may count toward the contributions in paragraph (1) only when
documented by a memorandum of understanding between the
organization and the other entity that such services will be
provided.
``(3) Countable activities.--The contributions required under
paragraph (1) may consist of--
``(A) funding for any eligible activity described
under subsection (b); and
``(B) subject to paragraph (2), in-kind provision of
services of any eligible activity described under
subsection (b).
``(g) Selection Criteria.--The Secretary shall establish criteria for
selecting recipients of grants under subsection (a), including--
``(1) the participation of potential beneficiaries of the
project in assessing the need for, and importance of, the
project in the community;
``(2) the degree to which the project addresses the most
harmful housing situations present in the community;
``(3) the degree of collaboration with others in the
community to meet the goals described in subsection (a);
``(4) the performance of the organization in improving
housing situations, taking account of the severity of barriers
of individuals and families served by the organization;
``(5) for organizations that have previously received funding
under this section, the extent of improvement in homelessness
and the worst housing situations in the community since such
funding began;
``(6) the need for such funds, as determined by the formula
established under section 427(b)(2); and
``(7) any other relevant criteria as determined by the
Secretary.'';
(H) in subsection (h)--
(i) in paragraph (1)--
(I) in paragraph (1)(A), by striking
``The'' and inserting ``Not later than
18 months after funding is first made
available pursuant to the amendments
made by title IV of the Homeless
Emergency Assistance and Rapid
Transition to Housing Act of 2008,
the''; and
(II) by striking ``providing housing
and other assistance to homeless
persons'' and inserting ``meeting the
goals described in subsection (a)'';
(ii) in paragraph (1)(B), by striking
``address homelessness in rural areas'' and
inserting ``meet the goals described in
subsection (a) in rural areas''; and
(iii) in paragraph (2)--
(I) by striking ``The'' and inserting
``Not later than 24 months after
funding is first made available
pursuant to the amendment made by title
IV of the Homeless Emergency Assistance
and Rapid Transition to Housing Act of
2008, the'';
(II) by striking ``, not later than
18 months after the date on which the
Secretary first makes grants under the
program,''; and
(III) by striking ``prevent and
respond to homelessness'' and inserting
``meet the goals described in
subsection (a)'';
(I) in subsection (k)--
(i) in paragraph (1), by striking ``rural
homelessness grant program'' and inserting
``rural housing stability grant program''; and
(ii) in paragraph (2)(B)(ii), by striking
``rural census tract'' and inserting ``census
tract where at least 75 percent of the
population is rural'';
(J) in subsection (l)--
(i) by striking the subsection heading and
inserting ``Program Funding.--''; and
(ii) by striking paragraph (1) and inserting
the following:
``(1) In general.--The Secretary shall determine the total
amount of funding attributable under section 427(b)(2) to meet
the needs of any geographic area in the Nation that applies for
funding under this section. The Secretary shall transfer any
amounts determined under this subsection from the Community
Homeless Assistance Program and consolidate such transferred
amounts for grants under this section, except that the
Secretary shall transfer an amount not less than 5 percent of
the amount available under this subtitle for grants under this
section.''; and
(K) by adding at the end the following:
``(m) Division of Funds.--
``(1) Agreement among geographic areas.--If the Secretary
receives an application or applications to provide services in
a geographic area under this subtitle, and also under subtitle
C, the Secretary shall consult with all applicants from the
geographic area to determine whether all agree to proceed under
either this subtitle or under subtitle C.
``(2) Default if no agreement.--If no agreement is reached
under paragraph (1), the Secretary shall proceed under this
subtitle or under subtitle C, depending on which results in the
largest total grant funding to the geographic area.''.
SEC. 402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE IN RURAL
AREAS.
(a) Study and Report.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall conduct a study to
examine homelessness and homeless assistance in rural areas and rural
communities and submit a report to the Congress on the findings and
conclusion of the study. The report shall contain the following
matters:
(1) A general description of homelessness, including the
range of living situations among homeless individuals and
homeless families, in rural areas and rural communities of the
United States, including tribal lands and colonias.
(2) An estimate of the incidence and prevalence of
homelessness among individuals and families in rural areas and
rural communities of the United States.
(3) An estimate of the number of individuals and families
from rural areas and rural communities who migrate annually to
non-rural areas and non-rural communities for homeless
assistance.
(4) A description of barriers that individuals and families
in and from rural areas and rural communities encounter when
seeking to access homeless assistance programs, and
recommendations for removing such barriers.
(5) A comparison of the rate of homelessness among
individuals and families in and from rural areas and rural
communities compared to the rate of homelessness among
individuals and families in and from non-rural areas and non-
rural communities.
(6) A general description of homeless assistance for
individuals and families in rural areas and rural communities
of the United States.
(7) A description of barriers that homeless assistance
providers serving rural areas and rural communities encounter
when seeking to access Federal homeless assistance programs,
and recommendations for removing such barriers.
(8) An assessment of the type and amount of Federal homeless
assistance funds awarded to organizations serving rural areas
and rural communities and a determination as to whether such
amount is proportional to the distribution of homeless
individuals and families in and from rural areas and rural
communities compared to homeless individuals and families in
non-rural areas and non-rural communities.
(9) An assessment of the current roles of the Department of
Housing and Urban Development, the Department of Agriculture,
and other Federal departments and agencies in administering
homeless assistance programs in rural areas and rural
communities and recommendations for distributing Federal
responsibilities, including homeless assistance program
administration and grantmaking, among the departments and
agencies so that service organizations in rural areas and rural
communities are most effectively reached and supported.
(b) Acquisition of Supporting Information.--In carrying out the study
under this section, the Comptroller General shall seek to obtain views
from the following persons:
(1) The Secretary of Agriculture.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Health and Human Services.
(4) The Secretary of Education.
(5) The Secretary of Labor.
(6) The Secretary of Veterans Affairs.
(7) The Executive Director of the United States Interagency
Council on Homelessness.
(8) Project sponsors and recipients of homeless assistance
grants serving rural areas and rural communities.
(9) Individuals and families in or from rural areas and rural
communities who have sought or are seeking Federal homeless
assistance services.
(10) National advocacy organizations concerned with
homelessness, rural housing, and rural community development.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act
TITLE V--REPEALS AND CONFORMING AMENDMENTS
SEC. 501. REPEALS.
Subtitles D, E, and F of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 et
seq.) are hereby repealed.
SEC. 502. CONFORMING AMENDMENTS.
(a) Consolidated Plan.--Section 403(1) of the McKinney-Vento Homeless
Assistance Act (as so redesignated by section 101(2) of this Act), is
amended--
(1) by striking ``current housing affordability strategy''
and inserting ``consolidated plan''; and
(2) by inserting before the comma the following: ``(referred
to in such section as a `comprehensive housing affordability
strategy')''.
(b) Persons Experiencing Homelessness.--Section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302), as amended by the
preceding provisions of this Act, is further amended by adding at the
end the following new subsection:
``(e) Persons Experiencing Homelessness.--Any references in this Act
to homeless individuals (including homeless persons) or homeless groups
(including homeless persons) shall be considered to include, and to
refer to, individuals experiencing homelessness or groups experiencing
homelessness, respectively.''.
(c) Rural Housing Stability Assistance.--Title IV of the McKinney-
Vento Homeless Assistance Act is amended by redesignating subtitle G
(42 U.S.C. 11408 et seq.), as amended by the preceding provisions of
this Act, as subtitle D.
SEC. 503. EFFECTIVE DATE.
Except as specifically provided otherwise in this Act, this Act and
the amendments made by this Act shall take effect on, and shall apply
beginning on--
(1) the expiration of the 18-month period beginning on the
date of the enactment of this Act, or
(2) the expiration of the 3-month period beginning upon
publication by the Secretary of Housing and Urban Development
of final regulations pursuant to section 504,
whichever occurs first.
SEC. 504. REGULATIONS.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the operation of the programs
that are created or modified by this Act.
(b) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 505. AMENDMENT TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
the item relating to the heading for title IV and all that follows
through the item relating to section 492 and inserting the following
new items:
``TITLE IV--HOUSING ASSISTANCE
``Subtitle A--General Provisions
``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim
service providers.
``Sec. 408. Authorization of appropriations.
``Subtitle B--Emergency Solutions Grants Program
``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.
``Subtitle C--Continuum of Care Program
``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible
activities.
``Sec. 429. Renewal funding and terms of assistance for permanent
housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.
`` Subtitle D--Rural Housing Stability Assistance Program
``Sec. 491. Rural housing stability grant program.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless
persons and for turnkey housing.''.
Purpose and Summary
The purpose of H.R. 840, ``The Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008'' is to
consolidate and streamline the administration of homeless
assistance grants under the housing provisions of McKinney-
Vento Homeless Assistance Act of 1987, to establish performance
criteria for community homeless assistance planning boards
authorized by the Act, to increase the portion of these grants
available to fund activities to prevent homelessness, to expand
the definition of homeless under the Act, to increase the
flexibility of grantees to serve other precariously housed
persons including children and families defined as homeless
under other provisions of the Act and other federal statutes,
to provide reliable funding for the renewal of homeless
assistance grants to fund rental assistance and operating
subsidies to permanent supportive housing, and to increase the
likelihood of rural communities receiving an appropriate share
of homeless assistance under the Act and the flexibility these
communities have in using these funds to reflect the nature of
homelessness and worst case housing needs in rural areas.
Background and Need for Legislation
BACKGROUND
In the 1980s, Congress first responded to the growing
prevalence of homelessness with several separate grant programs
designed to address the food and shelter needs of homeless
individuals. In 1987, Congress enacted the Stewart B. McKinney
Homeless Assistance Act, which created a number of new programs
to comprehensively address the needs of homeless people,
including food, shelter, health care, and education (P.L. 100-
77). The act was later renamed the McKinney-Vento Homeless
Assistance Act (P.L. 106-400). Among the programs authorized in
the McKinney Act were four types of grants to provide housing
and related assistance to homeless persons: the Emergency
Shelter Grants (ESG) program, the Supportive Housing
Demonstration program, the Supplemental Assistance for
Facilities to Assist the Homeless (SAFAH) program, and the
Section 8 Moderate Rehabilitation Assistance for Single Room
Occupancy Dwellings Single Room Occupancy (SRO) program. These
four programs, administered by the U.S. Department of Housing
and Urban Development (HUD), were created to provide temporary
and permanent housing to homeless persons, along with
supportive services. In 1992, Congress created an additional
program, Shelter Plus Care, specifically targeted to the
creation of permanent supportive housing for disabled homeless
individuals, including persons with chronic alcohol and
substance abuse problems. Congress also authorized the Rural
Homeless Housing Assistance program, but it was never funded.
Meanwhile, the SAFAH program ceased receiving appropriations in
fiscal year 1992. HUD currently administers four existing grant
programs under the housing provisions of the McKinney-Vento
Act: the ESG program, the Supportive Housing Program (SHP), the
Shelter Plus Care program (SPC), and the SRO program.
HUD has taken on an increasing responsibility relative to
Con- gress in the distribution and administration of homeless
assistance grants since enactment of the McKinney-Vento Act.
From fiscal year 1987 to fiscal year 1994, Congress
appropriated funds separately for each of the four programs.
Beginning in fiscal year 1995 and continuing to the present,
Congress has appropriated one lump sum for all four programs,
and HUD has then determined how those funds are distributed
among the ESG, SHP, SPC, and SRO programs.
HUD distributes ESG grants on a formula basis to
communities nationwide. HUD has historically allocated between
10 percent and 15 percent of the annual homeless assistance
appropriation which was $1.586 billion in fiscal year 2008, to
ESG. This ratio approximates the proportion of funds Congress
targeted to the program in fiscal year 1994, the final year in
which funds were appropriated separately to each authorized
program under the Act. Since fiscal year 1995, HUD has
distributed the SHP, SPC, and SRO funds through a competitive
process called the Continuum of Care. Through the Continuum of
Care process, stakeholders from local community organizations
and government work collaboratively to develop an analysis of
the gaps and needs for homeless programs in their region. By
means of a locally-constructed decision-making process, a
Continuum then prioritizes projects in the community that
should receive funding from the competitive grants and submits
a unified application to HUD. HUD uses a multi-step process to
select individual projects for funding. This process is based
partly on a formula, based on the CDBG formula, to determine a
community's need. HUD also assigns points for various
application elements, which in recent years has included the
existence of an inclusive community process to develop a
Continuum of Care's strategy; a fair and impartial local
project review and selection process; the existence of a
strategy to address all aspects of homelessness and all
populations in need of services; implementation of a Homeless
Management Information System (HMIS) to track grantee
performance and provide an unduplicated count of the homeless;
the existence of within a continuum of care of a ten-year plan
to end chronic homelessness and discharge policies for persons
leaving institutional care; demonstrated success in meeting
performance benchmarks, including increasing the number of
permanent housing beds for the chronically homeless; decreasing
chronic homelessness, increasing residential stability of
homeless persons in permanent housing; enabling homeless
individuals to gain employment and access to available
government programs and funds; employing homeless, low- and
very low-income persons in funded projects, and removing local
regulatory barriers to affordable housing; and the proposed
allocation of funding within the Continuum of Care to housing
activities relative to supportive services activities.
Research on the effectiveness of particular strategies has
led to significant policy shifts in McKinney-Vento programs. In
the 1990's, studies conducted in Philadelphia and New York City
found that a small group of homeless adults--about 20 percent
of the total homeless population--stayed homeless for long
periods of time or cycled in and out of hospitals, jails, or
other institutions; had high rates of disabilities; and
utilized a disproportionate share of the homeless assistance
resources. Further research in New York City found that moving
this group of chronically homeless adults into permanent
supportive housing--housing with intensive supportive services
attached--not only was successful in ending their homelessness,
but was also cost effective, as it dramatically reduced the
costs to public systems. Subsequent studies in numerous other
communities have supported these findings, and have concluded
that the overall governmental net cost of providing permanent
supportive housing is even less than the cost of allowing
chronically homeless people to remain homeless.
Based on these findings, Congress and HUD initiated efforts
to create more permanent supportive housing to end chronic
homelessness. The bipartisan Millennial Housing Commission and
the New Freedom Commission on Mental Health estimated that
approximately 150,000 new units of permanent supportive housing
were needed to achieve this goal. Beginning in fiscal year
1999, Congress steadily increased appropriations for McKinney-
Vento housing programs and targeted much of the increase
towards efforts to end chronic homelessness. These efforts were
supplemented by numerous state and locally driven initiatives.
As a result, several cities have reported significant
reductions in the number of people who are chronically homeless
and the number of people who live on the streets or in places
not meant for human habitation.
While chronic homelessness was receiving much of the
attention in the early part of this decade, several cities were
using a new approach to address family homelessness that
focused on rapid rehousing of homeless families. These
communities have programs that work with families to quickly
identify and help them move into permanent housing and provide
short-term rental assistance, assistance with other housing
costs, and follow-up services to help families achieve long
term housing stability and self-sufficiency. This strategy has
led to significant declines in homelessness among families in
several communities, most notably in Hennepin County,
Minnesota, where the average nightly census in the homeless
shelter declined by almost two-thirds.
Over the last several years, there have been a number of
other developments in serving homeless people, most notably a
focus on the importance of acquiring data. In early 2000,
Congress required HUD to work with communities to develop
homeless management information systems (HMIS) to assess the
number of homeless people, how those who are homeless interact
with the homeless system, and which programs are effective for
preventing or ending homelessness. Communities are in various
stages of implementation of HMIS--many have functional systems
while others are in still in the developmental stages. HUD
recently published the third Annual Homeless Assessment Report
(AHAR), which estimated that 1.6 million people used emergency
shelters (not including domestic violence shelters) or
transitional housing over the course of one year.
Beginning in 2001, communities began developing ten-year
plans to end homelessness. These plans brought together
nonprofit providers, advocates, the business and faith-based
communities, and city and local government officials to design
strategies for preventing and ending homelessness. More than
200 plans have been completed to date, and over 100 more are in
the process of being completed. The purpose of these plans is
to identify and implement the most efficient and effective
strategies for preventing and ending homelessness in the
community using the best available data.
Based on counts performed in nearly every community in the
nation on a single night in January, 2007 and reported in the
Third Annual Homeless Assessment Report to Congress,
approximately 672,000 people were homeless, living in an
emergency shelter, transitional housing, or a place not meant
for human habitation. Thirty-seven percent (249,000) were
members of families with children and 42 percent were
unsheltered, living on the streets, in abandoned buildings, or
in other places not meant for human habitation. Approximately
154,000 were veterans, and 124,000 were chronically homeless--
spending long periods of time homeless or cycling between
housing, homelessness and other institutional care, such as
psychiatric hospitals and corrections. Based on data gathered
from selected areas over the course of a year, an estimated 1.6
million people resided in emergency shelters or transitional
housing for at least part of the year. That figure does not
include people who were not in emergency shelter or
transitional housing but were unsheltered or in a domestic
violence shelter during part of that year.
PROGRAM STRUCTURE
There is widespread consensus among advocates for the
homeless, grant recipients, state and local government
officials, and HUD itself that the three competitive grant
programs under the Act--SHP, SPC, and SRO--should be
consolidated in light of their overlapping purposes and
eligible activities. Stakeholders agree similarly that the
Continuum of Care distribution process for HUD homeless
assistance should rest on firmer legislative footing: Since
fiscal year 1995, this complex and multi-faceted application
process has evolved almost entirely through annual Notices of
Funding Availability, with limited Congressional input and
oversight.
This bill achieves the goal of program consolidation and
statutory codification of the Continuum of Care planning and
distribution process. Specifically, the bill defines the duties
of a Collaborative Applicant to design a collaborative process
to apply for funding, evaluate outcomes, determine compliance,
and establish funding priorities within the newly created
Continuum of Care program that replaces the SHP, SPC, and SRO
programs. Collaborative Applicants must participate in the
Consolidated Plan for HUD's mainstream housing and community
development programs; ensure participation in Homeless
Management Information Systems (HMIS), collect unduplicated
counts of homeless people, analyze patterns of program use,
determine needs, and operate in accordance with data protection
and confidentiality standards developed by the Secretary; and
certify that covered areas are not criminalizing homelessness.
Differing match requirements are unified into a single 25
percent match requirement with the exception of grants for
leasing which are not subject to any matching requirement.
Incentives are included to promote strategies that have been
proven to prevent and end homelessness. Communities are
rewarded for demonstrating progress.
The Emergency Shelter Grants program is renamed the
Emergency Solutions Grants program, and it would increase the
role of city and state governments in preventing and ending
homelessness and ensure that more resources are used for
preventing homelessness.
The Committee recognizes that homeless assistance systems
in rural areas function differently than those in urban areas.
The legislation would give rural applicants the option of
applying for a specially designed rural program that focuses
much more on prevention and is easier to integrate with
existing systems. The legislation also simplifies the
application process for rural programs.
The legislation outlines a simple application process that
will reduce the amount of time and energy communities spend on
applying for funds and increase the amount of resources they
spend developing and implementing strategies that prevent and
end homelessness. The process for rural applicants is even
simpler and recognizes the unique characteristics of rural
homeless assistance. The legislation also utilizes selection
criteria that are based on ten year plans that communities are
creating. Communities will be able to integrate their ten year
plans with their homeless assistance applications.
INCENTIVES
The legislation continues the strategies that have worked
to reduce chronic homelessness while creating similar
incentives for preventing and ending homelessness for families
with children. It adds families with children to the definition
of chronic homelessness. It also promotes rapid rehousing
strategies for homeless families.
The legislation provides communities and providers with
more flexibility than existing homeless assistance programs. To
ensure that programs are achieving their goals, the legislation
includes several features to encourage better performance. In
addition to including explicit performance-based criteria in
the application process, the legislation directs HUD to provide
incentives for permanent supportive housing for chronically
homeless individuals and families and rapid rehousing programs
for homeless families. Both of these strategies have been
proven to reduce homelessness and should be expanded.
Additional incentives can be added based on research and public
comment. The legislation also rewards communities that
demonstrably reduce homelessness by providing them with
additional flexibility in how they use their funds. That
flexibility can continue for as long as the community makes
progress. The legislation continues Congress's long standing
support for ensuring that at least 30 percent of funding be
used for permanent housing for people with disabilities.
DEFINING HOMELESSNESS
The Committee acknowledges disagreement among its members,
homeless advocates, providers, researchers, and government
officials over the definition of homelessness. Some advocates
and providers urged the Committee to modify the definition of
homelessness to more closely match it with the one used by the
Department of Education by including people who are sharing the
housing of others because of a loss of housing or economic
hardship and people who live in a hotel or motel that they pay
for because of a lack of alternative accommodations. (People
living in hotels or motels paid for by a government agency or
charitable organization are already considered homeless.)
Others urged the Committee to maintain HUD's existing
definition of homelessness. Proponents of a definition similar
to the Department of Education's definition argued that
families with children are more likely to live doubled up or in
a motel and that people considered as homeless by other federal
programs should also be considered homeless by HUD. They also
argued that the temporary, unstable or unsafe arrangements
these children, youth, and their families live in provide less
stability than an emergency shelter. Proponents of keeping
HUD's existing definition of homelessness argued that there are
substantive differences between people without shelter--or who
would lack shelter absent the emergency shelter or transitional
housing in which they reside--and people living doubled up or
in motels, and that limited homeless assistance resources are
appropriately targeted to people who literally do not have a
roof over their head or live in emergency shelters or
transitional housing.
This legislation expands the definition of homelessness by
including people who will have to leave their current living
situation in the next 14 days and have no other place to live.
HUD currently uses a standard of 7 days, although that is not
specified in statute. It also clarifies that people who are
fleeing or attempting to flee domestic violence and have no
other place to go are considered homeless.
In addition, the legislation provides more resources to
serve people who are not currently defined by HUD as homeless.
Emergency Solutions Grants funding authorizes 20 percent of
annual funding for emergency shelters and for prevention and
rapid rehousing that can serve people who are homeless or at
risk of homelessness, including people living doubled up, in
motels or in other precarious situations. This includes anyone
considered homeless under other federal programs. Communities
must spend a minimum of half of Emergency Solutions Grants
funding (10 percent of annual funding) on prevention and rapid
rehousing. This compares to one-third of annual funding for
Emergency Shelter Grants--approximately 3 percent of annual
funding--that communities may currently use for prevention
efforts to serve these populations.
Further, recipients could use up to 10 percent of their
Continuum of Care program funding to serve families or
unaccompanied youth who are homeless under other federal
programs, provided that they are addressing people with the
most significant barriers to living independently. Communities
with low levels of homelessness could use an unlimited amount
to serve these groups. Under the rural program, grant
recipients could serve people who are homeless or at risk of
homelessness.
The bill includes an authorization for a GAO report to
study the issue of the definition of ``homeless.'' During
markup members also committed to expediting this request for a
GAO study, but sending a separate letter to GAO making that
request.
Thus, while the bill does not adopt the Education
Department's definition of homeless, it includes a number of
significant provisions to address the concerns of advocates of
utilizing such definition. First, the definition of homeless
has been expanded modestly, to include a number of changes to
related to when a family or individual is going to become
imminently homeless. Second, instead of the current practice of
providing 10 percent of McKinney Grants for Emergency Shelter
Grants, the bill authorizes 20 percent of such funds for
Emergency Solutions, providing a significant expansion of funds
that can be used to assist families with children in doubled up
housing. Third, the bill explicitly permits up to 10 percent of
funds under each local Continuum of Care to be used to serve
families defined as homeless under the Education Department
Definition, but not under the HUD definition. Fourth, in areas
of low levels of homelessness, such flexibility to serve
families defined as homeless under the Education Department
Definition, but not under the HUD definition applies to 100
percent of CoC funds. Fifth, rural areas which receive funding
under the Rural Housing Stabilization Program may use funds
flexibility to serve such families without limitation. And,
finally, as noted a GAO study will go forward on the issue of
the definition.
As a result, enactment of the bill will provide significant
new funding opportunities to serve needy families with children
living in doubled up housing that are not currently permitted.
Implementation of these changes in the next funding NOFA,
combined with the results of the GAO study, provide the
opportunity to review over the next few years the effects of
these changes and make whatever changes in funding flexibility
rules or the statutory definition that are warranted.
RESEARCH
The Committee has authorized funds for the Secretary to
conduct research on the effectiveness of various interventions
for homeless families. There is an extensive homeless
assistance system available to families who experience
homelessness. This system is made up of emergency shelters,
transitional housing, and a small number of permanent
supportive housing units; many of these housing models are
accompanied by services and supports aimed at helping families
exit homelessness and make improvement in their lives. Homeless
families are also eligible for mainstream housing and services
such as housing vouchers and homeless prevention assistance.
One of the biggest challenges facing policymakers and homeless
service providers is to identify which housing and service
models lead to housing stability and are most cost-effective.
Hearings
The Committee on Financial Services held the first of two
days of hearings entitled ``The Reauthorization of the
McKinney-Vento Homeless Assistance Act'' on October 4, 2007.
The following witnesses testified:
PANEL ONE
The Honorable Jack Reed, United States Senator
The Honorable Wayne Allard, United States Senator
PANEL TWO
The Honorable John McKinney, Senator, State of
Connecticut
Ms. Maria Foscarinis, Executive Director, National
Law Center on Homelessness and Poverty
Ms. Deborah DeSantis, President and Chief
Executive Officer, Corporation for Supportive Housing
Ms. Barbara Anderson, Executive Director, Haven
House Services
Ms. Pittre Walker, Homeless Liaison, Caddo Parish
School Board
PANEL THREE
Ms. Amy Weintraub, Executive Director, The
Covenant House, Charleston, WV
Ms. Jessica Vasquez, Executive Director, New York
State Coalition Against Domestic Violence
Ms. Linda M. Young, Executive Director, Welcome
House of Northern Kentucky
Mr. Jeremy Rosen, Executive Director, National
Policy and Advocacy Council on Homelessness
On October 16, 2007, the Subcommittee on Housing and
Community Opportunity held a second day of hearing. The
following witnesses testified:
PANEL ONE
Mr. Mark Johnston, Deputy Assistant Secretary for
Special Needs, U.S. Department of Housing and Urban Development
Mr. Philip Mangano, Executive Director, United
States Interagency Council on Homelessness
Mr. Zev Yaroslavsky, Member, Board of Supervisors,
Los Angeles County
PANEL TWO
Dr. Dennis Culhane, Ph.D., Professor of Social
Policy and Practice, University of Pennsylvania
Ms. Mercedes Marquez, General Manager, Los Angeles
Housing Department, City of Los Angeles
Ms. Arlene McNamee, Executive Director, Catholic
Social Services, Diocese of Fall River, Massachusetts
Dr. Jamie Van Leeuwen, Ph.D., Project Manager for
Denver's Road Home, City and County of Denver
Ms. Elizabeth Gomez, Executive Director, Los
Angeles Youth Network
Ms. Nan Roman, President, National Alliance to End
Homelessness
PANEL THREE
Ms. Dora Gallo, A Community of Friends, Los
Angeles
Mr. Moises Loza, Executive Director, Housing
Assistance Council
Dr. Ellen Bassuk, M.D., Associate Professor of
Psychiatry, Harvard University; President, National Center on
Family Homelessness
Ms. Diane Nilan, HEAR US, Naperville, Illinois
Ms. Nancy Carter, National Alliance for the
Mentally Ill Urban Los Angeles
Dr. Martha Burt, Ph.D. Senior Principal
Researcher, Urban Institute
Committee Consideration
The Committee on Financial Services met in open session on
July 31, 2008, and ordered H.R. 840, the ``Homeless Emergency
Assistance and Rapid Transition to Housing Act'', as amended,
favorably reported by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. No
record votes were taken with in conjunction with the
consideration of this legislation. A motion by Mr. Frank to
report the bill, as amended, to the House with a favorable
recommendation was agreed to by a voice vote.
During the consideration of the bill, the following
amendments were considered:
An amendment in the nature of a substitute by Ms. Moore
(WI) and Ms. Waters, No. 1, was agreed to by voice vote.
An amendment by Mr. Foster and Mr. Ellison, No. 1a,
clarification of effect on other laws, was agreed to by voice
vote.
An amendment by Mr. Ellison and Mr. Foster, No. 1b,
requiring a GAO study, was agreed to by voice vote.
An amendment by Mr. Frank, No. 1c, a technical and
conforming amendment, was agreed to by voice vote.
An amendment by Ms. Waters and Mr. Hinojosa, No. 1d,
regarding at risk homelessness, was agreed to by voice vote.
An amendment by Mrs. Biggert and Mr. Davis (KY), No. 1e,
regarding the definition of homelessness, was offered and
withdrawn.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held hearings and
made findings that are reflected in this report.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The purpose of H.R. 840 is to consolidate and streamline
the administration of homeless assistance grants under the
housing provisions of McKinney-Vento Homeless Assistance Act of
1987, to establish performance criteria for community homeless
assistance planning boards authorized by the Act, to increase
the portion of these grants available to fund activities to
prevent homelessness, to expand the definition of homeless
under the Act, to increase the flexibility of grantees to serve
other precariously housed persons including children and
families defined as homeless under other provisions of the Act
and other federal statutes, to provide reliable funding for the
renewal of homeless assistance grants to fund rental assistance
and operating subsidies to permanent supportive housing, and to
increase the likelihood of rural communities receiving an
appropriate share of homeless assistance under the Act and the
flexibility these communities have in using these funds to
reflect the nature of homelessness and worst case housing needs
in rural areas.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 8, 2008.
Hon. Barney Frank,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 840, the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Chad Chirico.
Sincerely,
Peter H. Fontaine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 840--Homeless Emergency Assistance and Rapid Transition to Housing
Act of 2008
Summary: H.R. 840 would reauthorize the McKinney-Vento
Homeless Assistance Act for four years and consolidate the
act's separate competitive grant programs for assistance to the
homeless into a single program.
CBO estimates that implementing this legislation would cost
about $3.4 billion over the next five years, assuming the
appropriation of the necessary amounts. Enacting H.R. 840 would
not affect direct spending or revenues.
H.R. 840 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
any costs state, local, or tribal governments incur to comply
with grant conditions would be incurred voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 840 is shown in the following table.
The costs of this legislation fall within budget function 600
(income security).
ESTIMATED BUDGETARY EFFECTS OF H.R. 840
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
--------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Homeless Assistance Grants:
Estimated Authorization Level............................ 0 2,200 2,240 2,281 2,321 9,042
Estimated Outlays........................................ 0 22 374 1,261 1,680 3,337
Research on Interventions for Homeless Families:
Authorization Level...................................... 0 8 8 8 8 32
Estimated Outlays........................................ 0 3 5 8 8 24
Interagency Council on Homelessness:
Estimated Authorization Level............................ 3 3 3 3 3 15
Estimated Outlays........................................ 3 3 3 3 3 15
Total Proposed Changes:
Estimated Authorization Level........................ 3 2,211 2,251 2,292 2,332 9,089
Estimated Outlays.................................... 3 28 382 1,272 1,691 3,376
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
840 will be enacted near the beginning of fiscal year 2009,
that the amounts authorized will be appropriated, and that
outlays will follow historical patterns. Components of the
estimated costs are described below.
Homeless assistance grants
H.R. 840 would consolidate the Department of Housing and
Urban Development's separate competitive grant programs for
assistance to the homeless (including the Supportive Housing
Program, the Shelter Plus Care program, and the Single-Room
Occupancy Dwellings program) into a single program to be called
the Continuum of Care Program. Additionally, the bill would
reauthorize grants for the emergency shelter needs of the
homeless. Section 105 of the bill would authorize the
appropriation of $2.2 billion in 2010 and such sums as
necessary from 2011 through 2013 for those programs. Assuming
appropriation of the authorized amounts and adjusting for
inflation, CBO estimates that implementing this section would
cost $3.3 billion over the 2010-2013 period.
Other Provisions
Section 4 would authorize the appropriation of $3 million
in 2009 and such sums as necessary from 2010 through 2013 for
the U.S. Interagency Council on Homelessness, and section 306
would authorize the appropriation of $8 million for each of
fiscal years 2010 through 2013 for research into the efficacy
of interventions for homeless families. In total, assuming
appropriation of the authorized amounts, CBO estimates that
implementing those provisions would cost $3 million in 2009 and
$39 million over the 2009-2013 period.
Intergovernmental and private-sector impact: H.R. 840
contains no intergovernmental or private-sector mandates as
defined in UMRA. Funding and program activities authorized in
the bill would benefit state, local, and tribal governments
that participate in housing assistance programs. Any costs
those governments incur to comply with grant conditions would
be incurred voluntarily.
Previous CBO estimate: On October 9, 2007, CBO transmitted
a cost estimate for S. 1518, the Community Partnership to End
Homelessness Act of 2007, as ordered reported by the Senate
Committee on Banking, Housing, and Urban Affairs on September
19, 2007. CBO estimated that S. 1518 would cost $7.7 billion
over five years, assuming appropriation of the necessary
amounts. The Joint Committee on Taxation estimated that S. 1518
would reduce revenues by $22 million over 10 years, while H.R.
840 would not affect revenues. Differences in discretionary
costs reflect differences in the authorizations.
Estimate prepared by: Federal Spending: Chad Chirico;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Patrick Bernhardt.
Estimate approved by: Keith Fontenot, Deputy Assistant
Director for Health and Human Resources, Budget Analysis
Division.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional Authority of Congress to enact this legislation
is provided by Article 1, section 8, clause 1 (relating to the
general welfare of the United States) and clause 3 (relating to
the power to regulate interstate commerce).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Earmark Identification
H.R. 840 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Section-by-Section Analysis of the Legislation
Sec. 1--Short Title; Table of Contents. The short title is
the ``Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2008''.
Sec. 2--Findings and Purpose. Describes findings and
purpose of the HEARTH Act. The findings are that lack of
affordable housing and housing assistance cause homelessness
and that homelessness affects rural, suburban and urban
communities. The purposes of the HEARTH Act are to consolidate
homeless assistance programs, codify the continuum of care
planning process, and establish a goal of ensuring that
families who become homeless return to permanent housing within
30 days.
Sec. 3--Definition of Homelessness. Modifies the statutory
definition of homelessness to also include the following
situations:
People who lived in a shelter or a place not
meant for human habitation prior to temporarily
residing in an institutional care setting would be
homeless upon their exit;
People who will imminently lose their
housing and lack the resources and support networks
needed to find other housing, including those who are
being evicted within 14 days, people living in a hotel
or motel and lack the resources to stay for more than
14 days, people who are doubled up and must leave
within 14 days; and
People who are fleeing or attempting to flee
domestic violence.
Sec. 4--U.S. Interagency Council on Homelessness. Makes a
number of changes to the membership, role and operation of the
Interagency Council on Homelessness.
(1) Identifies the mission of the Interagency Council: ``to
coordinate the federal response to homelessness and to create a
national partnership at every level of government and with the
private sector to reduce and end homelessness in the nation
while maximizing the effectiveness of the Federal Government in
contributing to the end of homelessness.''
(2) Requires that the Chair of the Interagency Council to
oversee the Interagency Council. Adds the heads of the
following agencies or their designees to the Interagency
Council: Social Security Administration, Department of Justice,
OMB, Office of Faith-Based and Community Initiatives, USA
Freedom Corps, and Internal Revenue Service. It requires the
Council to meet at least four times a year, instead of once a
year. It also requires the Executive Director of the Council to
report to the Director of the Domestic Policy Council.
(3) Changes the number of regional coordinators under the
Interagency Council from 2-5 to 5-10 to match the number of
federal regions, and also adds to the functions of the
Interagency Council the following:
Develop a National Strategic Plan to End
Homelessness no later than one year after enactment and
update that plan annually;
Encourage the creation of state interagency
councils and the formulation of 10-year plans to end
homelessness at state, city, and county levels;
Obtain information from federal agencies
about resources for which homeless people are eligible
and improvements to accessing these resources; develop
mechanisms to ensure that homeless people can access
federal, state, and local programs for which they are
eligible and verify collaboration within communities;
Conduct research and evaluation related to
its functions;
Develop joint federal agency and other
initiatives;
Participate in federal agency policy
development and federal funding competitions;
Develop constructive alternatives to
criminalizing homelessness.
(4) Adds to the authority of the Interagency Council the
establishment of a national advisory panel consisting of
experts in policy and practice from the public and private
sector, including consumers.
(5) Current statute requires an annual report to Congress
by each member of the council. The HEARTH Act would require
each agency to describe efforts to prevent homelessness in
those reports.
(6) Makes the appointment of the Executive Director subject
to Senate Confirmation and increases the position's pay rate
from level V of the Executive Schedule to the maximum of Senior
Executive Service.
(7) Current statute allows the Council to accept, use, and
dispose of property as a donation. The HEARTH Act clarifies
that the Council may accept property, ``both real and personal,
public and private, without fiscal year limitation, for the
purpose of aiding or facilitating the work of the Council.''
(8) Authorizes $3 million for the Interagency Council on
Homelessness for fiscal year 2009 and such sums as may be
necessary for fiscal years 2010-2013, and makes appropriated
amounts available until expended.
Title I--Housing Assistance General Provisions.
Sec. 101--Definitions. The following definitions are added
or modified:
(1) The definition of ``at risk of homelessness'' would
include people who have incomes below 30 percent of area
median, insufficient resources to obtain housing stability, and
live in an unstable or risky situation, including moving
frequently, living in the housing of others, facing eviction,
living in a hotel or motel, living in severely overcrowded
housing, or exiting an institution. This category specifically
includes all families with children and youth defined as
homeless under other federal statutes.
(2) The definition of ``chronic homelessness'' would
include individuals and families who--
reside in a place not meant for human
habitation, an emergency shelter, or a safe haven;
either have been homeless in one of those
places for the past year or four times in the past
three years;
have a disabling condition (for families,
head of household has a disabling condition), including
a substance use disorder, serious mental illness,
developmental disability, post traumatic stress
disorder, brain injury, or chronic physical illness or
disability.
This definition is similar to the definition included in
existing HUD guidance except that it includes families with
children, specifies that people residing in safe havens are
eligible, and adds post traumatic stress disorder and brain
injury to the qualifying disabling conditions.
The chronic homelessness definition also states that people
who are chronically homeless prior to entering an institution
for up to 90 days continue to be chronically homeless upon
their exit.
(3), (4) The terms Collaborative Applicant and
Collaborative Application are defined. A Collaborative
Applicant is the entity within a community that submits a joint
application on behalf of all the applicants for funding in the
community.
(7) The term ``families with children and youth defined as
homeless under other federal statutes'' is defined to mean any
children or youth that are defined as `homeless' under any
federal statute other than the HUD subtitle of the McKinney-
Vento Act, but are not defined as homeless under subparagraph
103, and also includes the parent, parents, or guardian of
children or youth defined as homeless under the education
provisions of the McKinney-Vento Act, Title VII, Subtitle B (42
U.S.C. 11434(a)).
(9) The definition of a ``Homeless Individual with a
Disability'' would be modified to explicitly include people
with post traumatic stress disorder or brain injuries.
(13) The term ``operating cost'' means expenses incurred
with respect to A) administration, maintenance, repair, and
security of housing, B) utilities, fuel, furnishings, and
equipment for housing, and C) coordination of services as
needed to ensure long-term housing stability.
(16) ``Personally Identifying Information'' includes name,
address, contact information, social security number, and other
information that could be used to identify an individual.
(30) ``Unified funding agency'' means a collaborative
applicant that receives grants from HUD and distributes them to
individual recipients in the community.
(32), (33) ``Victim service provider'' and ``victim
services'' are defined. A victim service provider is a
nonprofit organization whose primary mission is to provide
services such as those provided by rape crisis centers and
domestic violence shelters to victims of domestic violence,
dating violence, sexual assault, or stalking.
The section also defines the terms consolidated plan,
eligible entity, geographic area, legal entity, metropolitan
city, urban county, nonentitlement area, new, outpatient health
services, permanent housing, private nonprofit organization,
project, project-based, project sponsor, recipient, Secretary,
serious mental illness, solo applicant, sponsor based, state,
supportive services, and tenant-based.
Sec. 102--Community Homeless Assistance Planning Boards. A
new section (402) is added that describes the nature and role
of Collaborative Applicants.
(a) Collaborative Applicants are established by the
relevant parties in a geographic area to submit an application
for funding.
(b) Collaborative Applicants do not necessarily have to be
legal entities.
(c) If there is no Collaborative Applicant in a geographic
area, or if the Collaborative Applicant for that area is not
performing its duties, the HUD Secretary may take remedial
action, which could include appointing a Collaborative
Applicant or allowing organizations to apply for grants
directly.
(d) This section does not override other conflict of
interest or government fair practice laws.
(e) The collaborative applicant may designate an agent to
apply for and receive grants and perform other administrative
duties.
(f) Duties.
(1) Design a collaborative process to apply for funding,
evaluate outcomes, determine compliance, and establish funding
priorities;
(2) Participate in the Consolidated Plan;
(3) Ensure participation in Homeless Management Information
Systems (HMIS) to collect unduplicated counts of homeless
people, analyze patterns of program use, determine needs, and
operate in accordance with data protection and confidentiality
standards developed by the Secretary;
(4) Certify as to whether the jurisdictions representing
the areas covered by the Collaborative Applicant are
criminalizing homelessness.
(g) Unified Funding.
(1) Under certain conditions, a Collaborative Applicant may
be the grantee for funding with the responsibility to
distribute funding to project sponsors. Collaborative
Applicants that qualify for this responsibility are known as
Unified Funding Agencies. The conditions under which this may
occur are,
(A) the Collaborative Applicant successfully applies to be
a Unified Funding Agency, or
(B) HUD designates the Collaborative Applicant as a Unified
Funding Agency after finding that the Collaborative Applicant
has the capacity to perform that function and would further the
goal of preventing and ending homelessness. HUD must also
provide technical assistance to the Collaborative Applicant.
(2) A unified funding agency would be responsible for
requiring that each grantee maintains proper fiscal and
accounting procedures and that each grantee have an annual
evaluation of their financial records.
(h) Conflict of Interest. No board member of a
Collaborative Applicant may participate in a decision that
financially benefits them.
Sec. 103--General Provisions. New sections are added
regarding preventing involuntary family separation (Sec. 404),
and technical assistance (Sec. 405).
Sec. 404--Preventing Involuntary Family Separation.
Starting two years after enactment, any shelter, transitional
housing, or permanent housing program that serves families with
children would be required to serve families regardless of the
children's ages. The only exception is when a transitional
housing program is using an evidence based practice that
requires targeting families with children of a specific age,
and only when the provider commits to ensuring that any family
they do not serve has an equivalent and appropriate alternative
for the entire family.
Sec. 405--Technical Assistance. Authorizes HUD to use up to
1 percent of homeless assistance funding for technical
assistance to potential project sponsors and Collaborative
Applicants.
Sec. 104--Protection of Personally Identifying Information
by Victim Service Providers. A new section (Sec. 407) is added
that requires that providers whose primary mission is to serve
victims of domestic violence, dating violence, sexual assault,
or stalking may not disclose for the purpose of a Homeless
Management Information System any personally identifying
information, including name, address, contact information,
social security number or other specific information that could
identify an individual.
Sec. 105--Authorization of Appropriations. The Act
authorizes $2.2 billion for fiscal year 2010, and such sums as
may be necessary for fiscal years 2011-2013. Totals include
$595 million for renewal of permanent housing rental
assistance, leasing and operating costs in 2010, $670 million
in 2011, $745 million in 2012, and $825 million in 2013.
Title II--Emergency Solutions Grants Program. This section
modifies the existing Emergency Shelter Grants (ESG) program
and renames it the Emergency Solutions Grants Program.
Sec. 201--Grant Assistance. This section authorizes that 20
percent of homeless assistance funding, not including amounts
for permanent housing renewals, would be for the Emergency
Solutions Grants Program. It requires that recipients
coordinate with Collaborative Applicants. It also requires that
HUD reduce the administrative funds by half for a jurisdiction
that has been certified (under section 402(f)(4)) as
criminalizing homelessness. The funds would be transferred to
the collaborative applicant for the jurisdiction.
Sec. 202--Eligible Activities. Adds family support services
for homeless youth, victim services, and mental health services
to the list of eligible services that can be provided in
shelter or as part of street outreach;
Expands homelessness prevention activities to include
homelessness prevention and rehousing activities--short or
medium term housing assistance, housing relocation or
stabilization services, housing search, mediation or outreach
to property owners, legal services, credit repair, security or
utility deposits, utility payments, and assistance with moving
costs--for people who are homeless or at risk of homelessness;
Eliminates the 30 percent cap on the amount that can be
used for prevention and the 10 percent cap on the amount that
can be used for staff and instead includes a 50 percent cap on
the amount that can be used for traditional shelter and street
outreach activities, provided that this level is at least as
much as was utilized for these activities in the year prior to
enactment. The remaining amount would have to be used for
homelessness prevention and rehousing.
Sec. 203--Participation in HMIS. Recipients of Emergency
Solutions Grants funds would have to participate in the
applicable homeless management information system.
Sec. 204--Administrative Provision. Increases
administrative fee to 10 percent (from 5 percent under current
Emergency Shelter Grants program).
Title III--Continuum of Care Program.
Sec. 301--Continuum of Care. This section consolidates
several existing McKinney-Vento programs (Supportive Housing
Programs, Innovative Homeless, Safe Havens, Shelter Plus Care,
and Mod. Rehab/SRO) into the ``Continuum of Care Program.'' It
modifies existing sections 421 and 422 as follows:
Sec. 421--Purposes.
(1) Promote community-wide commitment to ending
homelessness;
(2) Provide funding to quickly rehouse homeless people
while minimizing trauma and dislocation;
(3) Help people access mainstream services;
(4) Optimize self-sufficiency.
Sec. 422--Continuum of Care Applications and Grants.
(a) Funds can be awarded to Collaborative Applicants that
are Unified Funding Agencies (see above) or directly to project
sponsors.
(b) NOFA must be released no more than 3 months after
enactment of appropriations.
(c) Awards must be announced no later than 5 months after
applications are due (or 6 months for the first 2 years after
enactment).
(d) Obligation, Distribution and Utilization.
(1) Project sponsors must meet all requirements for
obligation no later than 9 months after an award is announced
(24 months for acquisition, construction, or rehab). The
Secretary may grant an extension under certain circumstances.
(2) Funds must be obligated no later than 45 days after the
project sponsor has met those requirements.
(3) A Unified Funding Agency that receives funding must
distribute funding to project sponsors no later than 45 days
after receiving a request for funds from the project sponsor.
(4) HUD may set a date by which funding must be expended.
If it is not expended by that date, HUD will recapture the
funds and redistribute them in the same geographic region if
possible.
(e) If a Collaborative Applicant applies for funding for a
renewal project, HUD may fund that renewal for 1 year, even if
it was not selected for funding in the competition.
(f) When funding renewals for permanent housing leasing,
operating costs, or rental assistance, HUD must take into
account increases in the Fair Market Rent.
(g) If more than one Collaborative Applicant from a
geographic region applies for funding, HUD will fund the higher
scoring applicant.
(h) Assistance provided under this title is intended to
facilitate the utilization of the Low Income Housing Tax
Credit.
(i) Requires HUD to set up an appeals process. The process
must permit appeals by Collaborative Applicants, or individual
applicants.
(j) Allows individual programs to apply for funding without
going through a collaborative applicant if the applicant was
not reasonably permitted to participate in the collaborative
application process.
(k) Allows collaborative applicants to use up to 10 percent
of their resources to serve people who are considered homeless
in other federal statutes, but not under this title. The 10
percent limitation is removed for collaborative applicants
representing an area with a rate of homelessness of less than
0.1 percent per capita. The collaborate applicant must
demonstrate 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.
Sec. 302--Eligible Activities.
(a) Eligible Activities--
(1) Construction of new housing for transitional or
permanent housing;
(2) Acquisition or rehabilitation to provide supportive
services or transitional or permanent housing;
(3) Leasing property for supportive services or
transitional or permanent housing;
(4) Rental assistance to provide transitional or permanent
housing, including project-based, tenant-based, and sponsor-
based assistance (at the discretion of the provider, project-
based or sponsor-based rental assistance may have an initial
term of 15 years with the first 5 years paid with authorized
funds and the remaining term treated as renewal assistance);
(5) Operating costs for transitional or permanent housing;
(6) Supportive services for individuals or families who are
homeless, who were homeless fewer than 6 months ago, or who are
in permanent supportive housing;
(7) 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 help homeless people move immediately into
housing or would benefit people who have moved into permanent
housing in the last 6 months;
(8) For a Collaborative Applicant that is a legal entity,
administration and oversight of HMIS;
(9) Operation and participation in HMIS;
(10) For a Collaborative Applicant that is a legal entity,
up to 3 percent can be used for administrative costs;
(11) For a Collaborative Applicant that is also a Unified
Funding Agency, up to an additional 3 percent for
administrative costs (Unified Funding Agencies would be
eligible for a total of 6 percent for administrative costs);
(12) For Project Sponsors, up to 10 percent for
administrative costs.
(b) HUD can impose a minimum grant term of up to 5 years
for new permanent housing projects.
(c) Use Restrictions--Projects that receive funding for
construction, acquisition, or rehabilitation must be used for
the purpose described in the application for at least 20 years.
If a permanent or transitional housing project is no longer
needed, the Collaborative Applicant can recommend to HUD that
the project be converted to one that directly benefits low-
income people.
(d) Repayment of Assistance and Prevention of Undue
Benefit.
(1) With the exceptions described in paragraph (3) below,
if a construction, acquisition or rehabilitation project ceases
to provide the transitional or permanent housing for which it
was designed, it must repay some or all of the initial grant.
If it has been operating less than 10 years, it must repay 100
percent of the grant. If it has been operating 10-20 years, it
must repay 10 percent for each year less than 20 years that it
operated.
(2) With the exceptions described in paragraph (3) below,
HUD may set conditions to prevent a project sponsor from unduly
benefiting from the sale of a property if it received funding
for construction, acquisition, or rehabilitation, and it
operated that property for less than 20 years.
(3) A grant recipient does not have to make repayments
described in paragraphs (1) and (2) if one of the following
conditions applies:
(A) The sale or disposition of the property results
in it being used for the direct benefit of very low-
income people;
(B) The proceeds from the sale are used to provide
transitional or permanent housing for homeless people;
(C) The project is meeting applicable standards but
lost rental assistance or operating cost assistance, in
which case it would still have to be affordable under
the guidelines of affordability set by the Low Income
Housing Tax Credit; or
(D) There are no homeless people in the geographic
region, in which case the project can serve people at
risk of homelessness.
(e) Eligible activities include reasonable costs for staff
training.
(f) People who are residing in permanent supportive housing
are eligible to move into other permanent supportive housing
units funded by this Act.
(g) Permanent housing rental assistance must be
administered by a state or local government agency or a public
housing agency.
Sec. 303--High Performing Communities. Establishes a new
Sec. 424--Incentives for High-Performing Communities.
(a) HUD may designate a Collaborative Applicant as high
performing based on the criteria in paragraph (d) below. For
the first two years after enactment, up to 10 Collaborative
Applicants a year could be designated as high performing. If
more than 10 qualify, HUD would choose the 10 best qualified. A
high performance designation lasts one year, but can be renewed
on an annual basis.
(b) Application to be a High-Performing Community.
(1) A Collaborative Applicant must apply to HUD to be
considered a high performing community.
(2) The application must include a report of how funding
was used in the previous year and information to describe the
community's performance related to the measures described in
paragraph (d) below.
(3) HUD must publish any application in the relevant
geographic area and seek public comment about whether the
applicant is meeting the requirements.
(c) Use of Funds. A high performing community may use funds
for any of the eligible activities listed in Section 423 (the
eligible activities for the Continuum of Care Program), or for
the activities in paragraphs 4 and 5 of section 414(a) (short
and medium term rental assistance and rehousing activities for
homeless people or people at risk of homelessness).
(d) Definition of High-Performing Community. A high-
performing community must meet all 4 of the following
requirements.
(1) The mean length of episodes of homelessness is either
less than 20 days or has decreased by 10 percent from the year
before, taking into account similar individual circumstances;
(2) Of the people who leave homelessness, less than 5
percent become homeless again in the following 2 years, or the
percentage who leave homelessness and become homeless again in
the following two years decreases by 20 percent from the
preceding year, taking into account similar individual
circumstances;
(3) The communities that compose the geographic area have
actively encouraged homeless people to participate in homeless
assistance services available in the area and included each
homeless person in the data they used to determine compliance
with this section;
(4) If the recipient has been designated a high performing
community in the past, they were effective at reducing the
number of people who became homeless in that community.
(5) With respect to collaborative applicants exercising
their flexibility under section 422(k) to serve homeless
families with children and youth defined as homeless under
other federal statutes, effectiveness in achieving the outcomes
identified in subsection 427(F) according to such standards as
the Secretary shall promulgate.
(e) A Collaborative Applicant that is designated as a high
performing community must cooperate with HUD in distributing
information about successful efforts in the community.
Sec. 304--Program Requirements. This section retains
requirements from the Supportive Housing Program on flood
protection standards, the participation of homeless people, not
supplanting local funds, and due process for terminated
clients. It also modifies and adds the following to Section 426
of the McKinney-Vento Act:
(a) Site Control--When applicable, an applicant must
achieve site control within 12 months after being notified of
an award.
(b) Required Agreements--Collaborative Applicants must
agree to do the following:
(1) Ensure that the project is operated in accordance
with this Act;
(2) Monitor and report to HUD on progress of the
project;
(3) Ensure that as much as possible, homeless people
are involved in construction, rehabilitation,
maintenance, operations and providing supportive
services;
(4) Require all project sponsors to certify that they
will--
(A) Maintain confidentiality of records for
anyone receiving family violence or treatment
services;
(B) Maintain the confidentiality of the
location of any family violence shelter;
(C) Establish policies to ensure that they do
not restrict the educational rights of homeless
people;
(D) In the case of programs that provide
housing or services to homeless families, that
they will designate a staff person to be
responsible for ensuring that children are
enrolled in school and connected to appropriate
services in the community, such as Head Start
and other early childhood programs;
(E) Provide required data to HUD.
(5) They will comply with generally accepted
accounting principles;
(6) Monitor and report to HUD on matching funds;
(7) Take the educational needs of children into
account when children are placed in homeless assistance
programs to ensure that children are as close to their
schools of origin as possible;
(8) Other conditions HUD may require that are
consistent with the goals of this Act.
Sec. 305--Selection Criteria, Allocation Amounts, and
Funding. This section adds new sections establishing selection
criteria (427), allocating funds for specific activities (428),
establishing a process for funding permanent housing renewals
(429), setting requirements for matching funding (430) and
establishing an appeals procedure (431).
Sec. 427(a)--Selection Criteria. Funding is distributed
through a national competition based on the selection criteria
and a need formula:
(b)(1) Selection criteria include:
(A) the previous performance of the recipient
regarding homelessness, including reductions in the
number of homeless people, the length of time people
are homeless, recidivism, as well as thoroughness in
reaching homeless people, jobs and income growth, and
prevention;
(B) the community's plan, which includes their plan
to reduce number of homeless individuals and families,
reduce length of homeless episodes, address the needs
of all relevant subpopulations of homeless, and 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 the education provisions of the act (Title VII,
subtitle B);
(C) the methodology for setting priorities including
considering the full range of opinions of stakeholders
with knowledge of homelessness in the geographic area,
setting forth objective criteria, and openness to
proposals from entities that have not previously
received funds under this subtitle;
(D) leveraging of other public and private resources;
and
(E) coordination with the other Federal, State,
local, private, and other entities;
(F) for Collaborative Applicants exercising their
flexibility under section 422(k) to serve households
who qualify as homeless under any Federal statute other
than this title, program goals and outcomes which must
include program goals and outcomes which must include:
(i) preventing homelessness among the subset of such
families with children and youth who are at highest
risk of becoming homeless as defined under this title;
or (ii) achieving independent living in permanent
housing among such families with children and youth,
especially those who have a history of doubled-up and
other temporary housing situations or are living in a
temporary housing situation due to lack of available
and appropriate emergency shelter, through the
provision of eligible assistance that directly
contributes to achieving such results including
assistance to address chronic disabilities, chronic
physical health or mental health conditions, substance
addiction, histories of domestic violence or childhood
abuse, or multiple barriers to employment.
(G) other factors HUD determines to be appropriate.
(2) The pro rata need formula is based on the same formula
that is currently used to determine the pro-rata need in the
Continuum of Care. It is based on the formula for CDBG that
represents the geographic area adjusted to ensure that 75
percent is for metropolitan cities and urban counties that
receive Emergency Shelter Grants funding, and 25 percent is for
metropolitan cities and urban and non-urban counties that do
not receive Emergency Shelter Grants. If a Collaborative
Applicant covers more than one jurisdiction, their pro-rata
need would be the sum of the pro-rata needs for all of the
jurisdictions they represent.
(3) HUD cannot require that communities count homeless
people unless they are in places not meant for human
habitation, emergency shelters, or transitional housing.
(c) HUD can also make adjustments to ensure that every
community has enough funding to renew all of their existing
projects or to ensure that no community is discouraged from
replacing projects with ones they determine will better help
them achieve their goals.
Sec. 428--Allocation of Amounts and Incentives for Specific
Eligible Activities. At least 30 percent of funds, not
including amounts for permanent housing renewals, must be used
for new permanent housing for people with disabilities
(individuals and families headed by a person with a
disability). The calculation for this 30 percent applies
nationally, not to each individual community. The 30 percent
set aside would be reduced proportionately to ensure that there
is always adequate funding to renew existing projects and also
funding to develop new projects that are not permanent housing.
The 30 percent figure is reduced proportionately for
communities that have developed enough permanent housing for
all of the chronically homeless people in their geographic
area. (For example, if a geographic area representing 10
percent of the nation's pro-rata need were to develop enough
permanent housing to end chronic homelessness, the nationwide
30 percent requirement would be reduced to 27 percent.) The 30
percent requirement would terminate when HUD determines that
150,000 new units of permanent housing for homeless people with
disabilities has been funded since 2001.
(b) At least 10 percent of funding must be used for
permanent housing for families with children.
(d) HUD must provide incentives to fund interventions that
are proven to be effective at reducing homelessness generally
or for a specific subpopulation or for achieving homeless
prevention and independent living goals under the option to
serve families with children and unaccompanied youth defined as
homeless under other federal statutes.
These interventions include rapid rehousing programs for
homeless families, permanent supportive housing for chronically
homeless individuals and families, and other interventions that
HUD determines, based on research and after a period of public
comment, are effective at reducing homelessness.
To the extent practicable, HUD should balance incentives
for in- dividuals, families, and other subpopulations.
The incentives cannot discourage collaborative applicants
from exercising their option to serve families with children
and unaccompanied youth defined as homeless under other federal
statutes (sec. 422(k)).
(e) If a community fully implemented any of the proven
strategies, they could still receive a bonus and use it for any
eligible activity, including homelessness prevention (as
allowed by the ESG program).
Sec. 429--Permanent Housing Renewals. All renewals of
leasing, rental assistance, or operating costs for permanent
housing are funded for 1 year at a time out of either the
appropriations account for this title or the appropriations
account for section 8 project-based rental assistance, except
that funding can only be provided through the account for
project-based rental assistance if there is sufficient funding
in that account for the full renewal of all expiring project-
based contracts. Project-based rental assistance may, at the
discretion of the project sponsor, have a 15-year term subject
to annual appropriations.
Sec. 430--Matching Funding. Collaborative Applicants must
match all Continuum of Care Program funding with 25 percent
from other sources, except that leasing projects, which
previously had no match requirement, would continue to have no
match requirement. In- kind services may count toward the match
only if they are documented by a memorandum of understanding
between the project sponsor and the entity providing the
services.
Sec. 431--Appeals. Applicants who cannot receive
certification of consistency with the consolidated plan may
appeal that decision to HUD and receive a determination within
45 days of whether the certification was unreasonably withheld,
in which case the application may go forward.
Sec. 306--Research. For each of fiscal years 2010, 2011,
2012, and 2013, $8,000,000 would be authorized to research the
efficacy of interventions for homeless families to study three
different sites over three years to evaluate the effectiveness
of those programs.
Title IV--Rural Housing Stability Assistance.
Sec. 401--Rural Housing Stability Assistance. This section
modifies the Rural Homeless Assistance Program, which is
authorized but has never been funded, and changes the title to
the Rural Housing Stability Assistance Program. The changes
that would be made by this Act to the existing rural program
are as follows:
(B) The purpose of the program is:
Rehousing or improving the housing
situations of individuals who are homeless or at risk
of homelessness in the geographic area;
Stabilizing the housing of individuals who
are in imminent danger of losing housing; and
Improving the ability of the lowest-income
residents of the community to afford stable housing.
(C) The list of eligible activities is expanded to include
construction, acquisition, rehabilitation, leasing, rental
assistance, and operating costs for transitional or permanent
housing for homeless people.
(F) Adds to the requirements for applying for these funds
the following:
A description of consultations to determine
the most important uses of funding;
A description of the nature of homelessness
and the worst housing situations in the area.
(G) Requires the same uniform 25 percent match requirement
as the Continuum of Care Program. Grantees that currently have
no match requirement could continue to be renewed with no match
requirement. The match may be in kind when documented by a
memorandum of understanding.
Replaces the selection criteria with the following:
The participation of potential beneficiaries
in determining need;
The degree to which the project addresses
the most harmful housing conditions in the community;
The degree of collaboration with other
entities;
Performance of the organization in improving
housing situations;
For organizations that have previously
received funding, the extent to which they improved
conditions in the community;
Pro-rata need;
Other HUD determined criteria.
(J) Funding. A rural applicant could choose to apply under
the Continuum of Care Program or the Rural Housing Stability
Program. The funding level for an applicant for the Rural
Housing Stability Program would be based on their selection
criteria noted above and also on their pro-rata need,
calculated the same way pro-rata need is calculated when
applying under the Continuum of Care Program (see Additional
Criteria under Sec. 427--Selection Criteria). If a
Collaborative Applicant covers more than one jurisdiction,
their pro-rata need would be the sum of the pro-rata needs for
all of the jurisdictions they represent.
At least 5 percent of the funding provided for subtitles B
and C would be for the Rural Housing Stability Assistance
Program.
(K) If more than one entity from a rural area applies for
funding, HUD would first seek agreement from the applicants
about how to proceed, and if there is no agreement, HUD will
fund the application that would result in the most funding for
the geographic area.
Sec. 402--GAO Study of Homelessness and Homeless Assistance
in Rural Areas.
(a) Within 12 months of enactment, GAO must conduct a study
of rural homelessness that includes the following:
(1) A general description of homelessness, including the
range of living situations among homeless people in rural
areas, including tribal lands and colonias.
(2) An estimate of the incidence and prevalence of
homelessness in rural areas.
(3) An estimate of the number of people who migrate from
rural areas to non-rural areas to receive homeless assistance.
(4) A description of barriers that people in rural areas
experience when they try to access homeless assistance and
recommendations for removing those barriers.
(5) A comparison of the rate of homelessness in rural areas
and among people from rural areas to the rate of homelessness
in urban areas and among people from urban areas.
(6) A description of homeless assistance in rural areas.
(7) A description of barriers that homeless assistance
providers from rural areas encounter when trying to access
federal homeless assistance and recommendations for removing
those barriers.
(8) An assessment of the type and amount of homeless
assistance awarded to rural areas and whether that assistance
proportional to the distribution of homeless people in rural
areas.
(9) An assessment of the roles of the Departments of
Housing and Urban Development and Agriculture and other Federal
departments and agencies in administering homeless assistance
programs in rural areas.
(b) GAO shall consult the Secretaries of Agriculture, HUD,
HHS, Education, Labor, VA, the Executive Director of the
Interagency Council on Homelessness, recipients of homeless
assistance grants in rural areas, individuals and families in
rural areas who have sought or are seeking Federal homeless
assistance, and national advocacy groups concerned with
homelessness, rural housing, and rural community development.
Title V--Repeals and Conforming Amendments. This Act would
take effect on the sooner of 18 months after enactment or 3
months after HUD publishes final regulations. HUD shall
promulgate regulations within 12 months of enactment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
TITLE I--GENERAL PROVISIONS
* * * * * * *
SECTION 101. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``McKinney-
Vento Homeless Assistance Act''.
(b) Table Of Contents.--
* * * * * * *
[TITLE IV--HOUSING ASSISTANCE
[Subtitle A--Comprehensive Homeless Assistance Plan
[Sec. 401. Housing affordability strategy.
[Sec. 402. Discharge coordination policy.
[Subtitle B--Emergency Shelter Grants Program
[Sec. 411. Definitions.
[Sec. 412. Grant assistance.
[Sec. 413. Allocation and distribution of assistance.
[Sec. 414. Eligible activities.
[Sec. 415. Responsibilities of recipients.
[Sec. 416. Administrative provisions.
[Sec. 417. Authorization of appropriations.
[Sec. 418. Administrative costs.
[Subtitle C--Supportive Housing Program
[Sec. 421. Purpose.
[Sec. 422. Definitions.
[Sec. 423. Eligible activities.
[Sec. 424. Supportive housing.
[Sec. 425. Supportive services.
[Sec. 426. Program requirements.
[Sec. 427. Regulations.
[Sec. 428. Reports to Congress.
[Sec. 429. Authorization of appropriations.
[Subtitle D--Safe Havens for Homeless Individuals Demonstration Program
[Sec. 431. Establishment of demonstration.
[Sec. 432. Definitions.
[Sec. 433. Program assistance.
[Sec. 434. Program requirements.
[Sec. 435. Occupancy charge.
[Sec. 436. Termination of assistance.
[Sec. 437. Evaluation and report.
[Sec. 438. Regulations.
[Sec. 439. Authorization of appropriations.
[Subtitle E--Miscellaneous Programs
[Sec. 441. Section 8 assistance for single room occupancy dwellings.
[Sec. 442. Community development block grant amendment.
[Sec. 443. Administrative provisions.
[Subtitle F--Shelter Plus Care Program
[Part I--General Requirements
[Sec. 451. Purpose.
[Sec. 452. Rental housing assistance.
[Sec. 453. Supportive services requirements.
[Sec. 454. Applications.
[Sec. 455. Selection criteria.
[Sec. 456. Required agreements.
[Sec. 457. Housing standards and rent reasonableness.
[Sec. 458. Tenant rent.
[Sec. 459. Administrative fees.
[Sec. 460. Occupancy.
[Sec. 461. Termination of assistance.
[Sec. 462. Definitions.
[Sec. 463. Authorization of appropriations.
[Part II--Tenant-Based Rental Assistance
[Sec. 471. Authority.
[Sec. 472. Housing assistance.
[Sec. 473. Amount of assistance.
[Part III--Project-Based Rental Assistance
[Sec. 476. Authority.
[Sec. 477. Housing assistance.
[Sec. 478. Term of contract and amount of assistance.
[Part IV--Sponsor-Based Rental Assistance
[Sec. 481. Authority.
[Sec. 482. Housing assistance.
[Sec. 483. Term of contract and amount of assistance.
[Part V--Section 8 Moderate Rehabilitation Assistance for Single-Room
Occupancy Dwellings
[Sec. 486. Authority.
[Sec. 487. Fire and safety improvements.
[Sec. 488. Contract requirements.
[Subtitle G--Rural Homeless Housing Assistance
[Sec. 491. Rural homelessness grant program.
[Sec. 492. Use of FMHA inventory for transitional housing for homeless
persons and for turnkey housing.]
TITLE IV--HOUSING ASSISTANCE
Subtitle A--General Provisions
Sec. 401. Definitions.
Sec. 402. Collaborative applicants.
Sec. 403. Housing affordability strategy.
Sec. 404. Preventing involuntary family separation
Sec. 405. Technical assistance.
Sec. 406. Discharge coordination policy.
Sec. 407. Protection of personally identifying information by victim
service providers.
Sec. 408. Authorization of appropriations.
Subtitle B--Emergency Solutions Grants Program
Sec. 411. Definitions.
Sec. 412. Grant assistance.
Sec. 413. Amount and allocation of assistance.
Sec. 414. Allocation and distribution of assistance.
Sec. 415. Eligible activities.
Sec. 416. Responsibilities of recipients.
Sec. 417. Administrative provisions.
Sec. 418. Administrative costs.
Subtitle C--Continuum of Care Program
Sec. 421. Purposes.
Sec. 422. Continuum of care applications and grants.
Sec. 423. Eligible activities.
Sec. 424. Incentives for high-performing communities.
Sec. 425. Supportive services.
Sec. 426. Program requirements.
Sec. 427. Selection criteria.
Sec. 428. Allocation of amounts and incentives for specific eligible
activities.
Sec. 429. Renewal funding and terms of assistance for permanent housing.
Sec. 430. Matching funding.
Sec. 431. Appeal procedure.
Sec. 432. Regulations.
Sec. 433. Reports to Congress.
Subtitle D--Rural Housing Stability Assistance Program
Sec. 491. Rural housing stability grant program.
Sec. 492. Use of FHMA inventory for transitional housing for homeless
persons and for turnkey housing.
* * * * * * *
TITLE I--GENERAL PROVISIONS
* * * * * * *
SEC. 103. GENERAL DEFINITION OF HOMELESS INDIVIDUAL.
[(a) In General.--For purposes of this Act, the term
``homeless'' or ``homeless individual or homeless
person''includes--
[(1) an individual who lacks a fixed, regular, and
adequate nighttime residence; and
[(2) an individual who has a primary nighttime
residence that is--
[(A) a supervised publicly or privately
operated shelter designed to provide temporary
living accommodations (including welfare
hotels, congregate shelters, and transitional
housing for the mentally ill);
[(B) an institution that provides a temporary
residence for individuals intended to be
institutionalized; or
[(C) a public or private place not designed
for, or ordinarily used as, a regular sleeping
accommodation for human beings.]
(a) In General.--For purposes of this Act, the terms
``homeless'', ``homeless individual'', and ``homeless person''
means--
(1) an individual or family who lacks a fixed,
regular, and adequate nighttime residence;
(2) an individual or family with a primary nighttime
residence that is a public or private place not
designed for or ordinarily used as a regular sleeping
accommodation for human beings, including a car, park,
abandoned building, bus or train station, airport, or
camping ground;
(3) an individual or family living in a supervised
publicly or privately operated shelter designated to
provide temporary living arrangements (including hotels
and motels paid for by Federal, State, or local
government programs for low-income individuals or by
charitable organizations, congregate shelters, and
transitional housing);
(4) an individual who resided in a shelter or place
not meant for human habitation and who is exiting an
institution where he or she temporarily resided; and
(5) an individual or family who--
(A) will imminently lose their housing,
including housing they own, rent, or live in
without paying rent, are sharing with others,
and rooms in hotels or motels not paid for by
Federal, State, or local government programs
for low-income individuals or by charitable
organizations, as evidenced by--
(i) a court order resulting from an
eviction action that notifies the
individual or family that they must
leave within 14 days;
(ii) the individual or family having
a primary nighttime residence that is a
room in a hotel or motel and where they
lack the resources necessary to reside
there for more than 14 days;
(iii) credible evidence indicating
that the owner or renter of the housing
will not allow the individual or family
to stay for more than 14 days, and any
oral statement from an individual or
family seeking homeless assistance that
is found to be credible shall be
considered credible evidence for
purposes of this clause; or
(iv) such other factors that the
Secretary determines will likely result
in the individual or family becoming
homeless, which may include recent
history of homelessness or residential
instability;
(B) has no subsequent residence identified;
and
(C) lacks the resources or support networks
needed to obtain other permanent housing.
(b) Domestic Violence and Other Dangerous or Life-Threatening
Conditions.--Notwithstanding any other provision of this
section, the Secretary shall consider to be homeless any
individual or family who is fleeing, or is attempting to flee,
domestic violence, dating violence, sexual assault, stalking,
or other dangerous or life-threatening conditions in the
individual's or family's current housing situation, including
where the health and safety of children are jeopardized, and
who have no other residence and lack the resources or support
networks to obtain other permanent housing.
[(b)] (c) Income Eligibility.--
(1) * * *
* * * * * * *
[(c)] (d) Exclusion.--For purposes of this Act, the term
``homeless'' or ``homeless individual'' does not include any
individual imprisoned or otherwise detained pursuant to an Act
of the Congress or a State law.
(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.
* * * * * * *
TITLE II--UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
SEC. 201. ESTABLISHMENT.
There is established in the executive branch an independent
establishment to be known as the United States Interagency
Council on Homelessness 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.
SEC. 202. MEMBERSHIP.
(a) Members.--The Council shall be composed of the following
members:
(1) * * *
* * * * * * *
(16) The Commissioner of Social Security, or the
designee of the Commissioner.
(17) The Attorney General of the United States, or
the designee of the Attorney General.
(18) The Director of the Office of Management and
Budget, or the designee of the Director.
(19) The Director of the Office of Faith-Based and
Community Initiatives, or the designee of the Director.
(20) The Director of USA FreedomCorps, or the
designee of the Director.
(21) The Commissioner of the Internal Revenue
Service, or the designee of the Commissioner.
[(16)] (22) The heads of such other Federal agencies
as the Council considers appropriate, or their
designees.
* * * * * * *
(c) Meetings.--The Council shall meet at the call of its
Chairperson or a majority of its members, but not less often
than [annually] 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.
* * * * * * *
(e) Administration.--The Executive Director of the Council
shall report to the Director of Domestic Policy Council.
SEC. 203. FUNCTIONS.
(a) Duties.--The Council shall--
(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;
[(1)] (2) review all Federal activities and programs
to assist homeless individuals;
[(2)] (3) take such actions as may be necessary to
reduce duplication among programs and activities by
Federal agencies to assist homeless individuals;
[(3)] (4) monitor, evaluate, and recommend
improvements in programs and activities to assist
homeless individuals conducted by Federal agencies,
State and local governments, and private voluntary
organizations;
[(4)] (5) provide professional and technical
assistance, (by [at least 2, but in no case more than
5] not less than 5, but in no case more than 10,
regional coordinators employed by the Council, each
having responsibility for interaction and coordination
of the activities of the Council within the 10 standard
Federal regions) to States, local governments, and
other public and private nonprofit organizations, in
order to enable such governments and organizations to--
(A) * * *
* * * * * * *
(6) encourage the creation of State Interagency
Councils on Homelessness and the formulation of
jurisdictional 10-year plans to end homelessness at
state, city, and county levels;
(7) annually obtain from Federal agencies their
identification of consumer-oriented entitlement and
other resources for which persons experiencing
homelessness may be eligible and the agencies'
identification of improvements to ensure access;
develop mechanisms to ensure access by persons
experiencing homelessness to all Federal, State, and
local programs for which the persons are eligible, and
to verify collaboration among entities within a
community that receive Federal funding under programs
targeted for persons experiencing homelessness, and
other programs for which persons experiencing
homelessness are eligible, including mainstream
programs identified by the Government Accountability
Office in the reports entitled ``Homelessness:
Coordination and Evaluation of Programs Are
Essential'', issued February 26, 1999, and
``Homelessness: Barriers to Using Mainstream
Programs'', issued July 6, 2000;
(8) conduct research and evaluation related to its
functions as defined in this section;
(9) develop joint federal agency and other
initiatives to fulfill the goals of the agency;
(10) participate in Federal agency policy
development, and development, review, evaluation, and
timing of all related Federal funding competitions;
[(5)] (11) collect and disseminate information
relating to homeless individuals;
[(6)] (12) prepare the annual reports required in
subsection (c)(2); [and]
[(7)] (13) prepare and distribute to States
(including State contact persons), local governments,
and other public and private nonprofit organizations, a
bimonthly bulletin that describes the Federal resources
available to them to assist the homeless, including
current information regarding application deadlines and
appropriate persons to contact in each Federal agency
providing the resources[.];
(14) develop constructive alternatives to
criminalizing homelessness and eliminate laws and
policies that prohibit sleeping, feeding, sitting,
resting, or lying in public spaces when there are no
suitable alternatives, result in the destruction of a
homeless person's property without due process, or are
selectively enforced against homeless persons; and
(15) not later than the expiration of the 6-month
period beginning upon completion of the study required
under section 3(d) of the Homeless Emergency Assistance
and Rapid Transition to Housing Act of 2008, convene a
meeting of representatives of all Federal agencies and
committees of the House of Representatives and the
Senate having jurisdiction over any Federal program to
assist homeless individuals or families, local and
State governments, academic researchers who specialize
in homelessness, nonprofit housing and service
providers that receive funding under any Federal
program to assist homeless individuals or families,
organizations advocating on behalf of such nonprofit
providers and homeless persons receiving housing or
services under any such Federal program, and homeless
persons receiving housing or services under any such
Federal program, at which meeting such representatives
shall discuss all issues relevant to whether the
definitions of ``homeless'' under paragraphs (1)
through (4) of section 103(a) of the McKinney-Vento
Homeless Assistance Act, as amended by section 3 of the
Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2008, should be modified by the
Congress, including whether there is a compelling need
for a uniform definition of homelessness under Federal
law, the extent to which the differences in such
definitions create barriers for individuals to
accessing services and to collaboration between
agencies, and the relative availability, and barriers
to access by persons defined as homeless, of mainstream
programs identified by the Government Accountability
Office in the two reports identified in paragraph (7)
of this subsection; and shall submit transcripts of
such meeting, and any majority and dissenting
recommendations from such meetings, to each committee
of the House of Representatives and the Senate having
jurisdiction over any Federal program to assist
homeless individuals or families not later than the
expiration of the 60-day period beginning upon
conclusion of such meeting.
(b) Authority.--In carrying out subsection (a), the Council
may--
(1) arrange [Federal] national, regional, State, and
local conferences for the purpose of developing and
coordinating effective programs and activities to
assist homeless individuals[; and] and pay for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is
made;
(2) publish a newsletter concerning Federal, State,
and local programs that are effectively meeting the
needs of homeless individuals[.]; and
(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.
(c) Reports.--
(1) Within 90 days after the date of the enactment of
this Act,and annually thereafter, the head of each
Federal agency that is a member of the Council shall
prepare and transmit to the Congress and the Council a
report that describes--
(A) * * *
(B) impediments, including any statutory and
regulatory restrictions, to the use by homeless
individuals of each such program and to
obtaining services or benefits under each such
program[; and];
(C) efforts made by such agency to increase
the opportunities for homeless individuals to
obtain shelter, food, and supportive
services[.]; and
(D) efforts by such agency to prevent
homelessness through agency initiatives in
targeted or mainstream programs.
* * * * * * *
SEC. 204. DIRECTOR AND STAFF.
[(a) Director.--The Council shall appoint an Executive
Director, who shall be compensated at a rate not to exceed the
rate of basic pay payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code. The Council
shall appoint an Executive Director at the first meeting of the
Council held under section 202(c).]
(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.
* * * * * * *
SEC. 205. POWERS.
(a) * * *
* * * * * * *
(d) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or [property.] property, both
real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work
of the Council.
* * * * * * *
[SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title $1,500,000 for fiscal year 1993 and $1,563,000 for fiscal
year 1994.]
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $3,000,000 for fiscal year 2009 and such sums as may be
necessary for fiscal years 2010, 2011, 2012, and 2013. Any
amounts appropriated to carry out this title shall remain
available until expended.
* * * * * * *
TITLE IV--HOUSING ASSISTANCE
[Subtitle A--Comprehensive Homeless Assistance Plan]
Subtitle A--General Provisions
SEC. 401. DEFINITIONS.
For purposes of this title:
(1) At risk of homelessness.--The term ``at risk of
homelessness'' means, with respect to an individual or
family, that the individual or family--
(A) has income below 30 percent of median
income for the geographic area;
(B) has insufficient resources immediately
available to attain housing stability; and
(C)(i) has moved frequently because of
economic reasons;
(ii) is living in the home of another because
of economic hardship;
(iii) has been notified that their right to
occupy their current housing or living
situation will be terminated;
(iv) lives in a hotel or motel;
(v) lives in severely overcrowded housing;
(vi) is exiting an institution; or
(vii) otherwise lives in housing that has
characteristics associated with instability and
an increased risk of homelessness.
Such term includes all families with children and youth
defined as homeless under other Federal statutes.
(2) Chronically homeless.--
(A) In general.--The term ``chronically
homeless'' means, with respect to an individual
or family, that the individual or family--
(i) is homeless and lives or resides
in a place not meant for human
habitation, a safe haven, or in an
emergency shelter;
(ii) has been homeless and living or
residing in a place not meant for human
habitation, a safe haven, or in an
emergency shelter continuously for at
least 1 year or on at least 4 separate
occasions in the last 3 years; and
(iii) has an adult head of household
(or a minor head of household if no
adult is present in the household) with
a diagnosable substance use disorder,
serious mental illness, developmental
disability (as defined in section 102
of the Developmental Disabilities
Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15002)), post traumatic
stress disorder, cognitive impairments
resulting from a brain injury, or
chronic physical illness or disability,
including the co-occurrence of 2 or
more of those conditions.
(B) Rule of construction.--A person who
currently lives or resides in an institutional
care facility, including a jail, substance
abuse or mental health treatment facility,
hospital or other similar facility, and has
resided there for fewer than 90 days shall be
considered chronically homeless if such person
met all of the requirements described in
subparagraph (A) prior to entering that
facility.
(3) Collaborative applicant.--The term
``collaborative applicant'' means an entity that--
(A) carries out the duties specified in
section 402;
(B) serves as the applicant for project
sponsors who jointly submit a single
application for a grant under subtitle C in
accordance with a collaborative process; and
(C) if the entity is a legal entity and is
awarded such grant, receives such grant
directly from the Secretary.
(4) Collaborative application.--The term
``collaborative application'' means an application for
a grant under subtitle C that--
(A) satisfies section 422; and
(B) is submitted to the Secretary by a
collaborative applicant.
(5) Consolidated plan.--The term ``Consolidated
Plan'' means a comprehensive housing affordability
strategy and community development plan required in
part 91 of title 24, Code of Federal Regulations.
(6) Eligible entity.--The term ``eligible entity''
means, with respect to a subtitle, a public entity, a
private entity, or an entity that is a combination of
public and private entities, that is eligible to
directly receive grant amounts under such subtitle.
(7) Families with children and youth defined as
homeless under other federal statutes.--The term
``families with children and youth defined as homeless
under other Federal statutes'' means any children or
youth that are defined as ``homeless'' under any
Federal statute other than this subtitle, but are not
defined as homeless under section 103, and shall also
include the parent, parents, or guardian of such
children or youth under subtitle B of title VII this
Act (42 U.S.C. 11431 et seq.).
(8) Geographic area.--The term ``geographic area''
means a State, metropolitan city, urban county, town,
village, or other nonentitlement area, or a combination
or consortia of such, in the United States, as
described in section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306).
(9) Homeless individual with a disability.--
(A) In general.--The term ``homeless
individual with a disability'' means an
individual who is homeless, as defined in
section 103, and has a disability that--
(i)(I) is expected to be long-
continuing or of indefinite duration;
(II) substantially impedes the
individual's ability to live
independently;
(III) could be improved by the
provision of more suitable housing
conditions; and
(IV) is a physical, mental, or
emotional impairment, including an
impairment caused by alcohol or drug
abuse, post traumatic stress disorder,
or brain injury;
(ii) is a developmental disability,
as defined in section 102 of the
Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42
U.S.C. 15002); or
(iii) is the disease of acquired
immunodeficiency syndrome or any
condition arising from the etiologic
agency for acquired immunodeficiency
syndrome.
(B) Rule.--Nothing in clause (iii) of
subparagraph (A) shall be construed to limit
eligibility under clause (i) or (ii) of
subparagraph (A).
(10) Legal entity.--The term ``legal entity'' means--
(A) an entity described in section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) and exempt from tax under section
501(a) of such Code;
(B) an instrumentality of State or local
government; or
(C) a consortium of instrumentalities of
State or local governments that has constituted
itself as an entity.
(11) Metropolitan city; urban county; nonentitlement
area.--The terms ``metropolitan city'', ``urban
county'', and ``nonentitlement area'' have the meanings
given such terms in section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302(a)).
(12) New.--The term ``new'' means, with respect to
housing, that no assistance has been provided under
this title for the housing.
(13) Operating costs.--The term ``operating costs''
means expenses incurred by a project sponsor operating
transitional housing or permanent housing under this
title with respect to--
(A) the administration, maintenance, repair,
and security of such housing;
(B) utilities, fuel, furnishings, and
equipment for such housing; or
(C) coordination of services as needed to
ensure long-term housing stability.
(14) Outpatient health services.--The term
``outpatient health services'' means outpatient health
care services, mental health services, and outpatient
substance abuse services.
(15) Permanent housing.--The term ``permanent
housing'' means community-based housing without a
designated length of stay, and includes both permanent
supportive housing and permanent housing without
supportive services.
(16) Personally identifying information.--The term
``personally identifying information'' means
individually identifying information for or about an
individual, including information likely to disclose
the location of a victim of domestic violence, dating
violence, sexual assault, or stalking, including--
(A) a first and last name;
(B) a home or other physical address;
(C) contact information (including a postal,
e-mail or Internet protocol address, or
telephone or facsimile number);
(D) a social security number; and
(E) any other information, including date of
birth, racial or ethnic background, or
religious affiliation, that, in combination
with any other non-personally identifying
information, would serve to identify any
individual.
(17) Private nonprofit organization.--The term
``private nonprofit organization'' means an
organization--
(A) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system, or has
designated a fiscal agent in accordance with
requirements established by the Secretary; and
(D) that practices nondiscrimination in the
provision of assistance.
(18) Project.--The term ``project'' means, with
respect to activities carried out under subtitle C,
eligible activities described in section 423(a),
undertaken pursuant to a specific endeavor, such as
serving a particular population or providing a
particular resource.
(19) Project-based.--The term ``project-based''
means, with respect to rental assistance, that the
assistance is provided pursuant to a contract that--
(A) is between--
(i) the recipient or a project
sponsor; and
(ii) an owner of a structure that
exists as of the date the contract is
entered into; and
(B) provides that rental assistance payments
shall be made to the owner and that the units
in the structure shall be occupied by eligible
persons for not less than the term of the
contract.
(20) Project sponsor.--The term ``project sponsor''
means, with respect to proposed eligible activities,
the organization directly responsible for carrying out
the proposed eligible activities.
(21) Recipient.--Except as used in subtitle B, the
term ``recipient'' means an eligible entity who--
(A) submits an application for a grant under
section 422 that is approved by the Secretary;
(B) receives the grant directly from the
Secretary to support approved projects
described in the application; and
(C)(i) serves as a project sponsor for the
projects; or
(ii) awards the funds to project sponsors to
carry out the projects.
(22) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.
(23) Serious mental illness.--The term ``serious
mental illness'' means a severe and persistent mental
illness or emotional impairment that seriously limits a
person's ability to live independently.
(24) Solo applicant.--The term ``solo applicant''
means an entity that is an eligible entity, directly
submits an application for a grant under subtitle C to
the Secretary, and, if awarded such grant, receives
such grant directly from the Secretary.
(25) Sponsor-based.--The term ``sponsor-based''
means, with respect to rental assistance, that the
assistance is provided pursuant to a contract that--
(A) is between--
(i) the recipient or a project
sponsor; and
(ii) an independent entity that--
(I) is a private
organization; and
(II) owns or leases dwelling
units; and
(B) provides that rental assistance payments
shall be made to the independent entity and
that eligible persons shall occupy such
assisted units.
(26) State.--Except as used in subtitle B, the term
``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
(27) Supportive services.--The term ``supportive
services'' means services that address the special
needs of people served by a project, including--
(A) the establishment and operation of a
child care services program for families
experiencing homelessness;
(B) the establishment and operation of an
employment assistance program, including
providing job training;
(C) the provision of outpatient health
services, food, and case management;
(D) the provision of assistance in obtaining
permanent housing, employment counseling, and
nutritional counseling;
(E) the provision of outreach services,
advocacy, life skills training, and housing
search and counseling services;
(F) the provision of mental health services,
trauma counseling, and victim services;
(G) the provision of assistance in obtaining
other Federal, State, and local assistance
available for residents of supportive housing
(including mental health benefits, employment
counseling, and medical assistance, but not
including major medical equipment);
(H) the provision of legal services for
purposes including requesting reconsiderations
and appeals of veterans and public benefit
claim denials and resolving outstanding
warrants that interfere with an individual's
ability to obtain and retain housing;
(I) the provision of--
(i) transportation services that
facilitate an individual's ability to
obtain and maintain employment; and
(ii) health care; and
(J) other supportive services necessary to
obtain and maintain housing.
(28) Tenant-based.--The term ``tenant-based'' means,
with respect to rental assistance, assistance that--
(A) allows an eligible person to select a
housing unit in which such person will live
using rental assistance provided under subtitle
C, except that if necessary to assure that the
provision of supportive services to a person
participating in a program is feasible, a
recipient or project sponsor may require that
the person live--
(i) in a particular structure or unit
for not more than the first year of the
participation; or
(ii) within a particular geographic
area for the full period of the
participation, or the period remaining
after the period referred to in
subparagraph (A); and
(B) provides that a person may receive such
assistance and move to another structure, unit,
or geographic area if the person has complied
with all other obligations of the program and
has moved out of the assisted dwelling unit in
order to protect the health or safety of an
individual who is or has been the victim of
domestic violence, dating violence, sexual
assault, or stalking, and who reasonably
believed he or she was imminently threatened by
harm from further violence if he or she
remained in the assisted dwelling unit.
(29) Transitional housing.--The term ``transitional
housing'' means housing the purpose of which is to
facilitate the movement of individuals and families
experiencing homelessness to permanent housing within
24 months or such longer period as the Secretary
determines necessary.
(30) Unified funding agency.--The term ``unified
funding agency'' means a collaborative applicant that
performs the duties described in section 402(g).
(31) Underserved populations.--The term ``underserved
populations'' includes populations underserved because
of geographic location, underserved racial and ethnic
populations, populations underserved because of special
needs (such as language barriers, disabilities,
alienage status, or age), and any other population
determined to be underserved by the Secretary, as
appropriate.
(32) Victim service provider.--The term ``victim
service provider'' means a private nonprofit
organization whose primary mission is to provide
services to victims of domestic violence, dating
violence, sexual assault, or stalking. Such term
includes rape crisis centers, battered women's
shelters, domestic violence transitional housing
programs, and other programs.
(33) Victim services.--The term ``victim services''
means services that assist domestic violence, dating
violence, sexual assault, or stalking victims,
including services offered by rape crisis centers and
domestic violence shelters, and other organizations,
with a documented history of effective work concerning
domestic violence, dating violence, sexual assault, or
stalking.
SEC. 402. COLLABORATIVE APPLICANTS.
(a) Establishment and Designation.--A collaborative applicant
shall be established for a geographic area by the relevant
parties in that geographic area to--
(1) submit an application for amounts under this
subtitle; and
(2) perform the duties specified in subsection (f)
and, if applicable, subsection (g).
(b) No Requirement to be a Legal Entity.--An entity may be
established to serve as a collaborative applicant under this
section without being a legal entity.
(c) Remedial Action.--If the Secretary finds that a
collaborative applicant for a geographic area does not meet the
requirements of this section, or if there is no collaborative
applicant for a geographic area, the Secretary may take
remedial action to ensure fair distribution of grant amounts
under subtitle C to eligible entities within that area. Such
measures may include designating another body as a
collaborative applicant, or permitting other eligible entities
to apply directly for grants.
(d) Construction.--Nothing in this section shall be construed
to displace conflict of interest or government fair practices
laws, or their equivalent, that govern applicants for grant
amounts under subtitles B and C.
(e) Appointment of Agent.--
(1) In general.--Subject to paragraph (2), a
collaborative applicant may designate an agent to--
(A) apply for a grant under section 422(c);
(B) receive and distribute grant funds
awarded under subtitle C; and
(C) perform other administrative duties.
(2) Retention of duties.--Any collaborative applicant
that designates an agent pursuant to paragraph (1)
shall regardless of such designation retain all of its
duties and responsibilities under this title.
(f) Duties.--A collaborative applicant shall--
(1) design a collaborative process for the
development of an application under subtitle C, and for
evaluating the outcomes of projects for which funds are
awarded under subtitle B, in such a manner as to
provide information necessary for the Secretary--
(A) to determine compliance with--
(i) the program requirements under
section 426; and
(ii) the selection criteria described
under section 427; and
(B) to establish priorities for funding
projects in the geographic area involved;
(2) participate in the Consolidated Plan for the
geographic area served by the collaborative applicant;
(3) ensure operation of, and consistent participation
by, project sponsors in a community-wide homeless
management information system (in this subsection
referred to as ``HMIS'') that--
(A) collects unduplicated counts of
individuals and families experiencing
homelessness;
(B) analyzes patterns of use of assistance
provided under subtitles B and C for the
geographic area involved;
(C) provides information to project sponsors
and applicants for needs analyses and funding
priorities; and
(D) is developed in accordance with standards
established by the Secretary, including
standards that provide for--
(i) encryption of data collected for
purposes of HMIS;
(ii) documentation, including keeping
an accurate accounting, proper usage,
and disclosure, of HMIS data;
(iii) access to HMIS data by staff,
contractors, law enforcement, and
academic researchers;
(iv) rights of persons receiving
services under this title;
(v) criminal and civil penalties for
unlawful disclosure of data; and
(vi) such other standards as may be
determined necessary by the Secretary;
and
(4) certify as to whether or not the applicable
States and units of general local government are
criminalizing homelessness through the enforcement of
any laws or policies that prohibit sleeping, feeding,
sitting, resting, or lying in public spaces when there
are no suitable alternatives, or that result in the
destruction of a homeless person's property without due
process, or through the selective enforcement of laws
or policies against homeless persons.
(g) Unified Funding.--
(1) In general.--In addition to the duties described
in subsection (f), a collaborative applicant shall
receive from the Secretary and distribute to other
project sponsors in the applicable geographic area
funds for projects to be carried out by such other
project sponsors, if--
(A) the collaborative applicant--
(i) applies to undertake such
collection and distribution
responsibilities in an application
submitted under this subtitle; and
(ii) is selected to perform such
responsibilities by the Secretary; or
(B) the Secretary designates the
collaborative applicant as the unified funding
agency in the geographic area, after--
(i) a finding by the Secretary that
the applicant--
(I) has the capacity to
perform such responsibilities;
and
(II) would serve the purposes
of this Act as they apply to
the geographic area; and
(ii) the Secretary provides the
collaborative applicant with the
technical assistance necessary to
perform such responsibilities as such
assistance is agreed to by the
collaborative applicant.
(2) Required actions by a unified funding agency.--A
collaborative applicant that is either selected or
designated as a unified funding agency for a geographic
area under paragraph (1) shall--
(A) require each project sponsor who is
funded by a grant received under subtitle C to
establish such fiscal control and fund
accounting procedures as may be necessary to
assure the proper disbursal of, and accounting
for, Federal funds awarded to the project
sponsor under subtitle C in order to ensure
that all financial transactions carried out
under subtitle C are conducted, and records
maintained, in accordance with generally
accepted accounting principles; and
(B) arrange for an annual survey, audit, or
evaluation of the financial records of each
project carried out by a project sponsor funded
by a grant received under subtitle C.
(h) Conflict of Interest.--No board member of a collaborative
applicant may participate in decisions of the collaborative
applicant concerning the award of a grant, or provision of
other financial benefits, to such member or the organization
that such member represents.
SEC. [401.] 403. HOUSING AFFORDABILITY STRATEGY.
Assistance may be made under this title only if the grantee
certifies that it is following--
(1) a [current housing affordability strategy]
consolidated plan which has been approved by the
Secretary in accordance with section 105 of the
Cranston-Gonzalez National Affordable Housing Act
(referred to in such section as a ``comprehensive
housing affordability strategy''), or
* * * * * * *
SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.
(a) In General.--After the expiration of the 2-year period
that begins upon the date of the enactment of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2008, and except as provided in subsection (b), any project
sponsor receiving funds under this title to provide emergency
shelter, transitional housing, or permanent housing to families
with children under age 18 shall not deny admission to any
family based on the age of any child under age 18.
(b) Exception.--Notwithstanding the requirement under
subsection (a), project sponsors of transitional housing
receiving funds under this title may target transitional
housing resources to families with children of a specific age
only if the project sponsor--
(1) operates a transitional housing program that has
a primary purpose of implementing an evidence-based
practice that requires that housing units be targeted
to families with children in a specific age group; and
(2) provides such assurances, as the Secretary shall
require, that an equivalent appropriate alternative
living arrangement for the whole family or household
unit has been secured.
SEC. 405. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary shall make available technical
assistance to private nonprofit organizations and other
nongovernmental entities, States, metropolitan cities, urban
counties, and counties that are not urban counties, to
implement effective planning processes for preventing and
ending homelessness, to improve their capacity to prepare
collaborative applications, to prevent the separation of
families in emergency shelter or other housing programs, and to
adopt and provide best practices in housing and services for
persons experiencing homeless.
(b) Reservation.--The Secretary shall reserve not more than 1
percent of the funds made available for any fiscal year for
carrying out subtitles B and C, to provide technical assistance
under subsection (a).
SEC. [402.] 406. DISCHARGE COORDINATION POLICY.
The Secretary may not provide a grant under this title for
any governmental entity serving as an applicant unless the
applicant agrees to develop and implement, to the maximum
extent practicable and where appropriate, policies and
protocols for the discharge of persons from publicly funded
institutions or systems of care (such as health care
facilities, foster care or other youth facilities, or
correction programs and institutions) in order to prevent such
discharge from immediately resulting in homelessness for such
persons.
SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
In the course of awarding grants or implementing programs
under this title, the Secretary shall instruct any victim
service provider that is a recipient or subgrantee not to
disclose for purposes of the Homeless Management Information
System any personally identifying information about any client.
The Secretary may, after public notice and comment, require or
ask such recipients and subgrantees to disclose for purposes of
the Homeless Management Information System non-personally
identifying information that has been de-identified, encrypted,
or otherwise encoded. Nothing in this section shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this subsection
for victims of domestic violence, dating violence, sexual
assault, or stalking.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title $2,200,000,000 for fiscal year 2010 and
such sums as may be necessary for each of fiscal years 2011,
2012, and 2013.
(b) Permanent Housing Renewals.--Of the amounts made
available pursuant to subsection (a), $595,000,000 for fiscal
year 2010, $670,000,000 for fiscal year 2011, $745,000,000 for
fiscal year 2012, and $825,000,000 for fiscal year 2013, shall
be for renewal for one year of expiring contracts for leasing,
rental assistance, and operating costs for permanent housing.
[Subtitle B--Emergency Shelter Grants Program]
Subtitle B--Emergency Solutions Grants Program
* * * * * * *
[SEC. 412. GRANT ASSISTANCE.
[The Secretary of Housing and Urban Development shall, to the
extent of amounts approved in appropriation Acts under section
417, make grants to States and local governments (and to
private nonprofit organizations providing assistance to
homeless individuals, in the case of grants made with
reallocated amounts) in order to carry out activities described
in section 414.]
SEC. 412. GRANT ASSISTANCE.
The Secretary shall make grants to States and local
governments (and to private nonprofit organizations providing
assistance to persons experiencing homelessness or at risk of
homelessness, in the case of grants made with reallocated
amounts) for the purpose of carrying out activities described
in section 415.
SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.
(a) In General.--Of the amount made available to carry out
this title for a fiscal year, not including the amounts made
available under section 408(b), the Secretary shall allocate
nationally 20 percent of such amount for activities described
in section 415. The Secretary shall be required to certify that
such allocation will not adversely affect the renewal of
existing projects under this subtitle and subtitle C for those
individuals or families who are homeless.
(b) Allocation.--An entity that receives a grant under
section 412, and serves an area that includes 1 or more
geographic areas (or portions of such areas) served by
collaborative applicants that submit applications under
subtitle C, shall allocate the funds made available through the
grant to carry out activities described in section 415, in
consultation with the collaborative applicants.
SEC. [413.] 414. ALLOCATION AND DISTRIBUTION OF ASSISTANCE.
(a) * * *
* * * * * * *
(b) Minimum Allocation Requirement.--If, under the allocation
provisions applicable under this subtitle, any metropolitan
city or urban county would receive a grant of less than 0.05
percent of the [amounts appropriated to carry out this subtitle
for any] amounts appropriated under section 408 and made
available to carry out this subtitle for any fiscal year, such
amount shall instead be reallocated to the State, except that
any city that is located in a State that does not have counties
as local governments, that has a population greater than 40,000
but less than 50,000 as used in determining the fiscal year
1987 community development block grant program allocation, and
that was allocated in excess of $1,000,000 in community
development block grant funds in fiscal year 1987, shall
receive directly the amount allocated to such city under
subsection (a).
* * * * * * *
(f) Reduction of Funds for Criminalizing Homelessness.--Of
the amount made available to carry out this title for a fiscal
year, the Secretary shall reduce the amount of administrative
funds available by half to any jurisdiction for which a
collaborative applicant has submitted a certification under
section 402(f)(4) that the unit of local government has
criminalized homelessness. The funds shall instead be made
available to the collaborative applicant for the jurisdiction.
If no collaborative applicant exists for such jurisdiction, the
funds shall be made available to the State to carry out this
title.
[SEC. 414. ELIGIBLE ACTIVITIES.
[(a) In General.--Assistance provided under this subtitle may
be used for the following activities relating to emergency
shelter for homeless individuals:
[(1) The renovation, major rehabilitation, or
conversion of buildings to be used as emergency
shelters.
[(2) The provision of essential services, including
services concerned with employment, health, drug abuse,
or education, if--
[(A) such services have not been provided by
the local government during any part of the
immediately preceding 12-month period, or the
use of assistance under this subtitle would
complement those services; and
[(B) not more than 30 percent of the
aggregate amount of all assistance to a State
or local government under this subtitle is used
for activities under this paragraph.
[(3) Maintenance, operation, insurance, utilities,
and furnishings, except that not more than 10 percent
of the amount of any grant received under this subtitle
may be used for costs of staff.
[(4) Efforts to prevent homelessness, such as
financial assistance to families who have received
eviction notices or notices of termination of utility
services if--
[(A) the inability of the family to make the
required payments is due to a sudden reduction
in income;
[(B) the assistance is necessary to avoid the
evicition or termination of services;
[(C) there is a reasonable prospect that the
family will be able to resume payments within a
reasonable period of time; and
[(D) the assistance will not supplant funding
for preexisting homelessness prevention
activities from other sources.
Activities that are eligible for assistance under this
paragraph shall include assistance to very low-income
families who are discharged from publicly funded
institutions or systems of care (such as health care
facilities, foster care or other youth facilities, or
correction programs and institutions). Not more than 30
percent of the aggregate amount of all assistance to a
State or local government under this subtitle may be
used for activities under this paragraph.
[(b) Waiver Authority.--The Secretary may waive the 20percent
limitation on the use of assistance for essential services
contained in subsection (a)(2)(B), if the local government
receiving the assistance demonstrates that the other eligible
activities under the program are already being carried out in
the locality with other resources.]
SEC. 415. ELIGIBLE ACTIVITIES.
(a) In General.--Assistance provided under section 412 may be
used for the following activities:
(1) The renovation, major rehabilitation, or
conversion of buildings to be used as emergency
shelters.
(2) The provision of essential services related to
emergency shelter or street outreach, including
services concerned with employment, health, education,
family support services for homeless youth, substance
abuse services, victim services, or mental health
services, if--
(A) such essential services have not been
provided by the local government during any
part of the immediately preceding 12-month
period or the Secretary determines that the
local government is in a severe financial
deficit; or
(B) the use of assistance under this subtitle
would complement the provision of those
essential services.
(3) Maintenance, operation, insurance, provision of
utilities, and provision of furnishings related to
emergency shelter.
(4) Provision of rental assistance to provide short-
term or medium-term housing to homeless individuals or
families or individuals or families at risk of
homelessness. Such rental assistance may include
tenant-based or project-based rental assistance.
(5) Housing relocation or stabilization services for
homeless individuals or families or individuals or
families at risk of homelessness, including housing
search, mediation or outreach to property owners, legal
services, credit repair, providing security or utility
deposits, utility payments, rental assistance for a
final month at a location, assistance with moving
costs, or other activities that are effective at--
(A) stabilizing individuals and families in
their current housing; or
(B) quickly moving such individuals and
families to other permanent housing.
(b) Maximum Allocation for Emergency Shelter Activities.--A
grantee of assistance provided under section 412 for any fiscal
year may not use an amount of such assistance for activities
described in paragraphs (1) through (3) of subsection (a) that
exceeds the greater of--
(1) 50 percent of the aggregate amount of such
assistance provided for the grantee for such fiscal
year; or
(2) the amount expended by such grantee for such
activities during fiscal year most recently completed
before the effective date under section 503 of the
Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2008.
SEC. [415.] 416. RESPONSIBILITIES OF RECIPIENTS.
(a) * * *
* * * * * * *
(f) Participation in HMIS.--The Secretary shall ensure that
recipients of funds under this subtitle ensure the consistent
participation by emergency shelters and homelessness prevention
and rehousing programs in any applicable community-wide
homeless management information system.
SEC. [416.] 417. ADMINISTRATIVE PROVISIONS.
(a) * * *
* * * * * * *
[SEC. 417. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subtitle $138,000,000 for fiscal year 1993 and $143,796,000 for
fiscal year 1994.]
SEC. 418. ADMINISTRATIVE COSTS.
A recipient may use up to [5 percent] 10 percent of any
annual grant received under this subtitle for administrative
purposes. A recipient State shall share the amount available
for administrative purposes pursuant to the preceding sentence
with local governments funded by the State.
[Subtitle C--Supportive Housing Program
[SEC. 421. PURPOSE.
[The purpose of the program under this subtitle is to promote
the development of supportive housing and supportive services,
including innovative approaches to assist homeless persons in
the transition from homelessness, and to promote the provision
of supportive housing to homeless persons to enable them to
live as independently as possible.
[SEC. 422. DEFINITIONS.
[For purposes of this subtitle:
[(1) The term ``applicant'' means a State,
metropolitan city, urban county, governmental entity,
private nonprofit organization, or community mental
health association that is a public nonprofit
organization, that is eligible to receive assistance
under this subtitle and submits an application under
section 426(a).
[(2) The term ``disability'' means--
[(A) a disability as defined in section 223
of the Social Security Act,
[(B) to be determined to have, pursuant to
regulations issued by the Secretary, a
physical, mental, or emotional impairment which
(i) is expected to be of long-continued and
indefinite duration, (ii) substantially impedes
an individual's ability to live independently,
and (iii) of such a nature that such ability
could be improved by more suitable housing
conditions,
[(C) a developmental disability as defined in
section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, or
[(D) the disease of acquired immunodeficiency
syndrome or any conditions arising from the
etiologic agency for acquired immunodeficiency
syndrome.
Subparagraph (D) shall not be construed to limit
eligibility under subparagraphs (A) through (C) or the
provisions referred to in subparagraphs (A) through
(C).
[(4) The term ``metropolitan city'' has the meaning
given the term in section 102 of the Housing and
Community Development Act of 1974.
[(5) The term ``operating costs'' means expenses
incurred by a recipient operating supportive housing
under this subtitle with respect to--
[(A) the administration, maintenance, repair,
and security of such housing;
[(B) utilities, fuel, furnishings, and
equipment for such housing; and
[(C) the conducting of the assessment under
section 426(c)(2).
[(6) The term ``outpatient health services'' means
outpatient health care, outpatient mental health
services, outpatient substance abuse services, and case
management.
[(7) The term ``private nonprofit organization''
means an organization--
[(A) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
[(B) that has a voluntary board;
[(C) that has an accounting system, or has
designated a fiscal agent in accordance with
requirements established by the Secretary; and
[(D) that practices nondiscrimination in the
provision of assistance.
[(8) The term ``project'' means a structure or
structures (or a portion of such structure or
structures) that is acquired, rehabilitated,
constructed, or leased with assistance provided under
this subtitle or with respect to which the Secretary
provides technical assistance or annual payments for
operating costs under this subtitle, or supportive
services.
[(9) The term ``recipient'' means any governmental or
nonprofit entity that receives assistance under this
subtitle.
[(10) The term ``Secretary'' means the Secretary of
Housing and Urban Development.
[(11) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and Palau.
[(12) The term ``supportive housing'' means a project
that meets the requirements of section 424.
[(13) The term ``supportive services'' means services
under section 425.
[(14) The term ``urban county'' has the meaning given
the term in section 102 of the Housing and Community
Development Act of 1974.
[SEC. 423. ELIGIBLE ACTIVITIES.
[(a) In General.--The Secretary may provide any project with
one or more of the following types of assistance under this
subtitle:
[(1) Acquisition and rehabilitation.--A grant, in an
amount not to exceed $200,000, for the acquisition,
rehabilitation, or acquisition and rehabilitation, of
an existing structure (including a small commercial
property or office space) to provide supportive housing
other than emergency shelter or to provide supportive
services; except that the Secretary may increase the
dollar limitation under this sentence to not more than
$400,000 for areas that the Secretary finds have high
acquisition and rehabilitation costs. The repayment of
any outstanding debt owed on a loan made to purchase an
existing structure shall be considered to be a cost of
acquisition eligible for a grant under this paragraph
if the structure was not used as supportive housing, or
to provide supportive services, before the receipt of
assistance.
[(2) New construction.--A grant, in an amount not to
exceed $400,000, for new construction of a structure to
provide supportive housing.
[(3) Leasing.--A grant for leasing of an existing
structure or structures, or portions thereof, to
provide supportive housing or supportive services
during the period covered by the application. Grant
recipients may reapply for such assistance as needed to
continue the use of such structure for purposes of this
subtitle.
[(4) Operating costs.--Annual payments for operating
costs of housing assisted under this subtitle, not to
exceed 75 percent of the annual operating costs of such
housing. Grant recipients may reapply for such
assistance as needed to continue the use of the housing
for purposes of this subtitle.
[(5) Supportive services.--A grant for costs of
supportive services provided to homeless individuals.
Any recipient, including program recipients under title
IV of this Act before the date of the enactment of the
Housing and Community Development Act of 1992, may
reapply for such assistance or for the renewal of such
assistance to continue services funded under prior
grants or to provide other services.
[(6) Technical assistance.--Technical assistance in
carrying out the purposes of this subtitle.
[(7) Management information system.--A grant for the
costs of implementing and operating management
information systems for purposes of collecting
unduplicated counts of homeless people and analyzing
patterns of use of assistance funded under this Act.
[(8) Confidentiality.--
[(A) Victim service providers.--In the course
of awarding grants or implementing programs
under this subsection, the Secretary shall
instruct any victim service provider that is a
recipient or subgrantee not to disclose for
purposes of a Homeless Management Information
System 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 a Homeless Management Information
System non-personally identifying data 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 paragraph for
victims of domestic violence, dating violence,
sexual assault, or stalking.
[(B) Definitions.--
[(i) Personally identifying
information or personal information.--
The term ``personally identifying
information'' or ``personal
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--
[(I) a first and last name;
[(II) a home or other
physical address;
[(III) contact information
(including a postal, e-mail or
Internet protocol address, or
telephone or facsimile number);
[(IV) a social security
number; and
[(V) 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.
[(ii) Victim service provider.--The
term ``victim service provider'' or
``victim service providers'' means a
nonprofit, nongovernmental organization
including rape crisis centers, battered
women's shelters, domestic violence
transitional housing programs, and
other programs whose primary mission is
to provide services to victims of
domestic violence, dating violence,
sexual assault, or stalking.
[(b) Use Restrictions.--
[(1) Acquisition, rehabilitation, and new
construction.--Projects assisted under subsection (a)
(1) or (2) shall be operated for not less than 20 years
for the purpose specified in the application.
[(2) Other assistance.--Projects assisted under
subsection (a) (3), (4), (5), or (6) (but not under
subsection (a) (1) or (2)) shall be operated for the
purposes specified in the application for the duration
of the period covered by the grant.
[(3) Conversion.--If the Secretary determines that a
project is no longer needed for use as supportive
housing and approves the use of the project for the
direct benefit of low-income persons pursuant to a
request for such use by the recipient operating the
project, the Secretary may authorize the recipient to
convert the project to such use.
[(c) Repayment of Assistance and Prevention of Undue
Benefits.--
[(1) Repayment.--The Secretary shall require
recipients to repay 100 percent of any assistance
received under subsection (a) (1) or (2) if the project
ceases to be used as supportive housing within 10 years
after the project is placed in service. If such project
is used as supportive housing for more than 10 years,
the Secretary shall reduce the percentage of the amount
required to be repaid by 10 percentage points for each
year in excess of 10 that the project is used as
supportive housing.
[(2) Prevention of undue benefits.--Except as
provided in paragraph (3), upon any sale or other
disposition of a project assisted under subsection (a)
(1) or (2) occurring before the expiration of the 20-
year period beginning on the date that the project is
placed in service, the recipient shall comply with such
terms and conditions as the Secretary may prescribe to
prevent the recipient from unduly benefiting from such
sale or disposition.
[(3) Exception.--A recipient shall not be required to
comply with the terms and conditions prescribed under
paragraphs (1) and (2) if the sale or disposition of
the project results in the use of the project for the
direct benefit of very low-income persons or if all of
the proceeds are used to provide supportive housing
meeting the requirements of this subtitle.
[SEC. 424. SUPPORTIVE HOUSING.
[(a) In General.--Housing providing supportive services for
homeless individuals shall be considered supportive housing for
purposes of this subtitle if--
[(1) the housing is safe and sanitary and meets any
applicable State and local housing codes and licensing
requirements in the jurisdiction in which the housing
is located; and
[(2) the housing--
[(A) is transitional housing;
[(B) is permanent housing for homeless
persons with disabilities; or
[(C) is, or is part of, a particularly
innovative project for, or alternative methods
of, meeting the immediate and long-term needs
of homeless individuals and families.
[(b) Transitional Housing.--For purposes of this section, the
term ``transitional housing'' means housing, the purpose of
which is to facilitate the movement of homeless individuals and
families to permanent housing within 24 months or such longer
period as the Secretary determines necessary. The Secretary may
deny assistance for housing based on a violation of this
subsection only if the Secretary determines that a substantial
number of homeless individuals or families have remained in the
housing longer than such period.
[(c) Permanent Housing for Homeless Persons With
Disabilities.--For purposes of this section, the term
``permanent housing for homeless persons with disabilities''
means community-based housing for homeless persons with
disabilities that provides long-term housing and supportive
services for not more than--
[(1) 8 such persons in a single structure or
contiguous structures;
[(2) 16 such persons, but only if not more than 20
percent of the units in a structure are designated for
such persons; or
[(3) more than 16 persons if the applicant
demonstrates that local market conditions dictate the
development of a large project and such development
will achieve the neighborhood integration objectives of
the program within the context of the affected
community.
[(d) Single Room Occupancy Dwellings.--A project may provide
supportive housing or supportive services in dwelling units
that do not contain bathrooms or kitchen facilities and are
appropriate for use as supportive housing or in projects
containing some or all such dwelling units.]
Subtitle C--Continuum of Care Program
SEC. 421. PURPOSES.
The purposes of this subtitle are--
(1) to promote community-wide commitment to the goal
of ending homelessness;
(2) to provide funding for efforts by nonprofit
providers and State and local governments to quickly
rehouse homeless individuals and families while
minimizing the trauma and dislocation caused to
individuals, families, and communities by homelessness;
(3) to promote access to, and effective utilization
of, mainstream programs described in section 203(a)(7)
and programs funded with State or local resources; and
(4) to optimize self-sufficiency among individuals
and families experiencing homelessness.
SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.
(a) Projects.--The Secretary shall award grants, on a
competitive basis, and using the selection criteria described
in section 427, to carry out eligible activities under this
subtitle for projects that meet the program requirements under
section 426, either by directly awarding funds to project
sponsors or by awarding funds to unified funding agencies.
(b) Notification of Funding Availability.--The Secretary
shall release a notification of funding availability for grants
awarded under this subtitle for a fiscal year not later than 3
months after the date of the enactment of the appropriate Act
making appropriations for the Department of Housing and Urban
Development for such fiscal year.
(c) Applications.--
(1) Submission to the secretary.--To be eligible to
receive a grant under subsection (a), a project sponsor
or unified funding agency in a geographic area shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require, and
containing such information as the Secretary determines
necessary--
(A) to determine compliance with the program
requirements and selection criteria under this
subtitle; and
(B) to establish priorities for funding
projects in the geographic area.
(2) Announcement of awards.--
(A) In general.--Except as provided in
subparagraph (B), the Secretary shall announce,
within 5 months after the last date for the
submission of applications described in this
subsection for a fiscal year, the grants
conditionally awarded under subsection (a) for
that fiscal year.
(B) Transition.--For a period of up to 2
years beginning after the effective date under
section 503 of the Homeless Emergency
Assistance and Rapid Transition to Housing Act
of 2008, the Secretary shall announce, within 6
months after the last date for the submission
of applications described in this subsection
for a fiscal year, the grants conditionally
awarded under subsection (a) for that fiscal
year.
(d) Obligation, Distribution, and Utilization of Funds.--
(1) Requirements for obligation.--
(A) In general.--Not later than 9 months
after the announcement referred to in
subsection (c)(2), each recipient or project
sponsor shall meet all requirements for the
obligation of those funds, including site
control, matching funds, and environmental
review requirements, except as provided in
subparagraphs (B) and (C).
(B) Acquisition, rehabilitation, or
construction.--Not later than 24 months after
the announcement referred to in subsection
(c)(2), each recipient or project sponsor
seeking the obligation of funds for acquisition
of housing, rehabilitation of housing, or
construction of new housing for a grant
announced under subsection (c)(2) shall meet
all requirements for the obligation of those
funds, including site control, matching funds,
and environmental review requirements.
(C) Extensions.--At the discretion of the
Secretary, and in compelling circumstances, the
Secretary may extend the date by which a
recipient or project sponsor shall meet the
requirements described in subparagraphs (A) and
(B) if the Secretary determines that compliance
with the requirements was delayed due to
factors beyond the reasonable control of the
recipient or project sponsor. Such factors may
include difficulties in obtaining site control
for a proposed project, completing the process
of obtaining secure financing for the project,
obtaining approvals from State or local
governments, or completing the technical
submission requirements for the project.
(2) Obligation.--Not later than 45 days after a
recipient or project sponsor meets the requirements
described in paragraph (1), the Secretary shall
obligate the funds for the grant involved.
(3) Distribution.--A recipient that receives funds
through such a grant--
(A) shall distribute the funds to project
sponsors (in advance of expenditures by the
project sponsors); and
(B) shall distribute the appropriate portion
of the funds to a project sponsor not later
than 45 days after receiving a request for such
distribution from the project sponsor.
(4) Expenditure of funds.--The Secretary may
establish a date by which funds made available through
a grant announced under subsection (c)(2) for a
homeless assistance project shall be entirely expended
by the recipient or project sponsors involved. The date
established under this paragraph shall not occur before
the expiration of the 24-month period beginning on the
date that funds are obligated for activities described
under paragraphs (1) or (2) of section 423(a). The
Secretary shall recapture the funds not expended by
such date. The Secretary shall reallocate the funds for
another homeless assistance and prevention project that
meets the requirements of this subtitle to be carried
out, if possible and appropriate, in the same
geographic area as the area served through the original
grant.
(e) Renewal Funding for Unsuccessful Applicants.--The
Secretary may renew funding for a specific project previously
funded under this subtitle that the Secretary determines meets
the purposes of this subtitle, and was included as part of a
total application that met the criteria of subsection (c), even
if the application was not selected to receive grant
assistance. The Secretary may renew the funding for a period of
not more than 1 year, and under such conditions as the
Secretary determines to be appropriate.
(f) Considerations in Determining Renewal Funding.--When
providing renewal funding for leasing, operating costs, or
rental assistance for permanent housing, the Secretary shall
make adjustments proportional to increases in the fair market
rents in the geographic area.
(g) More Than 1 Application for a Geographic Area.--If more
than 1 collaborative applicant applies for funds for a
geographic area, the Secretary shall award funds to the
collaborative applicant with the highest score based on the
selection criteria set forth in section 427.
(h) Coordination with Low Income Housing Credit.--Assistance
under this subtitle is intended to facilitate the utilization
of Low Income Housing Credits under section 42 of the Internal
Revenue Code of 1986.
(i) Appeals.--
(1) In general.--The Secretary shall establish a
timely appeal procedure for grant amounts awarded or
denied under this subtitle pursuant to a collaborative
application or solo application for funding.
(2) Process.--The Secretary shall ensure that the
procedure permits appeals submitted by entities
carrying out homeless housing and services projects
(including emergency shelters and homelessness
prevention programs), and all other applicants under
this subtitle.
(j) Solo Applicants.--A solo applicant may submit an
application to the Secretary for a grant under subsection (a)
and be awarded such grant on the same basis as such grants are
awarded to other applicants based on the criteria described in
section 427, but only if the Secretary determines that the solo
applicant has attempted to participate in the continuum of care
process but was not permitted to participate in a reasonable
manner. The Secretary may award such grants directly to such
applicants in a manner determined to be appropriate by the
Secretary.
(k) Flexibility to Serve Persons Defined as Homeless under
Other Federal Laws.--
(1) In general.--A collaborative applicant may use up
to 10 percent of funds awarded under title III
(continuum of care funding) for any of the types of
eligible activities specified in paragraphs (1) through
(7) of section 423(a) to serve families with children
and youth defined as homeless under other Federal
statutes, provided that the applicant demonstrates that
the use of such funds is of an equal or greater
priority or is equally or more cost effective in
meeting the overall goals and objectives of the plan
submitted under section 427(b)(1)(B), especially with
respect to children and unaccompanied youth.
(2) Limitations.--The 10 percent limitation under
paragraph (1) shall not apply to collaborative
applicants in which the rate of homelessness, as
calculated under section 427(b)(3), is less than one-
tenth of 1 percent of total population.
SEC. 423. ELIGIBLE ACTIVITIES.
(a) In General.--Grants awarded under section 422 to
qualified applicants shall be used to carry out projects that
serve homeless individuals or families that consist of one or
more of the following eligible activities:
(1) Construction of new housing units to provide
transitional or permanent housing.
(2) Acquisition or rehabilitation of a structure to
provide transitional or permanent housing, other than
emergency shelter, or to provide supportive services.
(3) Leasing of property, or portions of property, not
owned by the recipient or project sponsor involved, for
use in providing transitional or permanent housing, or
providing supportive services.
(4) Provision of rental assistance to provide
transitional or permanent housing to eligible persons.
The rental assistance may include tenant-based,
project-based, or sponsor-based rental assistance.
Project-based rental assistance, sponsor-based rental
assistance, and operating cost assistance contracts
carried out by project sponsors receiving grants under
this section may, at the discretion of the applicant
and the project sponsor, have an initial term of 15
years, with assistance for the first 5 years paid with
funds authorized for appropriation under this Act, and
assistance for the remainder of the term treated as a
renewal of an expiring contract as provided in section
408(b). Project-based rental assistance may include
rental assistance to preserve existing permanent
supportive housing for homeless individuals and
families.
(5) Payment of operating costs for housing units
assisted under this subtitle or for the preservation of
housing that will serve homeless individuals and
families and for which another form of assistance is
expiring or otherwise no longer available.
(6) Supportive services for individuals and families
who are currently homeless, who have been homeless in
the prior six months but are currently residing in
permanent housing, or who were previously homeless and
are currently residing in permanent supportive housing.
(7) Provision of rehousing services, including
housing search, mediation or outreach to property
owners, credit repair, providing security or utility
deposits, rental assistance for a final month at a
location, assistance with moving costs, or other
activities that--
(A) are effective at moving homeless
individuals and families immediately into
housing; or
(B) may benefit individuals and families who
in the prior 6 months have been homeless, but
are currently residing in permanent housing.
(8) In the case of a collaborative applicant that is
a legal entity, performance of the duties described
under section 402(f)(3).
(9) Operation of, participation in, and ensuring
consistent participation by project sponsors in, a
community-wide homeless management information system.
(10) In the case of a collaborative applicant that is
a legal entity, payment of administrative costs related
to meeting the requirements described in paragraphs (1)
and (2) of section 402(f), for which the collaborative
applicant may use not more than 3 percent of the total
funds made available in the geographic area under this
subtitle for such costs.
(11) In the case of a collaborative applicant that is
a unified funding agency under section 402(g), payment
of administrative costs related to meeting the
requirements of that section, for which the unified
funding agency may use not more than 3 percent of the
total funds made available in the geographic area under
this subtitle for such costs, in addition to funds used
under paragraph (10).
(12) Payment of administrative costs to project
sponsors, for which each project sponsor may use not
more than 10 percent of the total funds made available
to that project sponsor through this subtitle for such
costs.
(b) Minimum Grant Terms.--The Secretary may impose minimum
grant terms of up to 5 years for new projects providing
permanent housing.
(c) Use Restrictions.--
(1) Acquisition, rehabilitation, and new
construction.--A project that consists of activities
described in paragraph (1) or (2) of subsection (a)
shall be operated for the purpose specified in the
application submitted for the project under section 422
for not less than 20 years.
(2) Other activities.--A project that consists of
activities described in any of paragraphs (3) through
(12) of subsection (a) shall be operated for the
purpose specified in the application submitted for the
project under section 422 for the duration of the grant
period involved.
(3) Conversion.--If the recipient or project sponsor
carrying out a project that provides transitional or
permanent housing submits a request to the Secretary to
carry out instead a project for the direct benefit of
low-income persons, and the Secretary determines that
the initial project is no longer needed to provide
transitional or permanent housing, the Secretary may
approve the project described in the request and
authorize the recipient or project sponsor to carry out
that project.
(d) Repayment of Assistance and Prevention of Undue
Benefits.--
(1) Repayment.--If a recipient or project sponsor
receives assistance under section 422 to carry out a
project that consists of activities described in
paragraph (1) or (2) of subsection (a) and the project
ceases to provide transitional or permanent housing--
(A) earlier than 10 years after operation of
the project begins, the Secretary shall require
the recipient or project sponsor to repay 100
percent of the assistance; or
(B) not earlier than 10 years, but earlier
than 20 years, after operation of the project
begins, the Secretary shall require the
recipient or project sponsor to repay 10
percent of the assistance for each of the years
in the 20-year period for which the project
fails to provide that housing.
(2) Prevention of undue benefits.--Except as provided
in paragraph (3), if any property is used for a project
that receives assistance under subsection (a) and
consists of activities described in paragraph (1) or
(2) of subsection (a), and the sale or other
disposition of the property occurs before the
expiration of the 20-year period beginning on the date
that operation of the project begins, the recipient or
project sponsor who received the assistance shall
comply with such terms and conditions as the Secretary
may prescribe to prevent the recipient or project
sponsor from unduly benefitting from such sale or
disposition.
(3) Exception.--A recipient or project sponsor shall
not be required to make the repayments, and comply with
the terms and conditions, required under paragraph (1)
or (2) if--
(A) the sale or disposition of the property
used for the project results in the use of the
property for the direct benefit of very low-
income persons;
(B) all of the proceeds of the sale or
disposition are used to provide transitional or
permanent housing meeting the requirements of
this subtitle;
(C) project-based rental assistance or
operating cost assistance from any Federal
program or an equivalent State or local program
is no longer made available and the project is
meeting applicable performance standards,
provided that the portion of the project that
had benefitted from such assistance continues
to meet the tenant income and rent restrictions
for low-income units under section 42(g) of the
Internal Revenue Code of 1986; or
(D) there are no individuals and families in
the geographic area who are homeless, in which
case the project may serve individuals and
families at risk of homelessness.
(e) Staff Training.--The Secretary may allow reasonable costs
associated with staff training to be included as part of the
activities described in subsection (a).
(f) Eligibility for Permanent Housing.--Any project that
receives assistance under subsection (a) and that provides
project-based or sponsor-based permanent housing for homeless
individuals or families with a disability, including projects
that meet the requirements of subsection (a) and subsection
(d)(2)(A) of section 428 may also serve individuals who had
previously met the requirements for such project prior to
moving into a different permanent housing project.
(g) Administration of Rental Assistance.--Provision of
permanent housing rental assistance shall be administered by a
State, unit of general local government, or public housing
agency.
SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.
(a) Designation as a High-Performing Community.--
(1) In general.--The Secretary shall designate, on an
annual basis, which collaborative applicants represent
high-performing communities.
(2) Consideration.--In determining whether to
designate a collaborative applicant as a high-
performing community under paragraph (1), the Secretary
shall establish criteria to ensure that the
requirements described under paragraphs (1)(B) and
(2)(B) of subsection (d) are measured by comparing
homeless individuals and families under similar
circumstances, in order to encourage projects in the
geographic area to serve homeless individuals and
families with more severe barriers to housing
stability.
(3) 2-year phase in.--In each of the first 2 years
after the effective date under section 503 of the
Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2008, the Secretary shall designate not
more than 10 collaborative applicants as high-
performing communities.
(4) Excess of qualified applicants.--If, during the
2-year period described under paragraph (2), more than
10 collaborative applicants could qualify to be
designated as high-performing communities, the
Secretary shall designate the 10 that have, in the
discretion of the Secretary, the best performance based
on the criteria described under subsection (d).
(5) Time limit on designation.--The designation of
any collaborative applicant as a high-performing
community under this subsection shall be effective only
for the year in which such designation is made. The
Secretary, on an annual basis, may renew any such
designation.
(b) Application.--
(1) In general.--A collaborative applicant seeking
designation as a high-performing community under
subsection (a) shall submit an application to the
Secretary at such time, and in such manner as the
Secretary may require.
(2) Content of application.--In any application
submitted under paragraph (1), a collaborative
applicant shall include in such application--
(A) a report showing how any money received
under this subtitle in the preceding year was
expended; and
(B) information that such applicant can meet
the requirements described under subsection
(d).
(3) Publication of application.--The Secretary
shall--
(A) publish any report or information
submitted in an application under this section
in the geographic area represented by the
collaborative applicant; and
(B) seek comments from the public as to
whether the collaborative applicant seeking
designation as a high-performing community
meets the requirements described under
subsection (d).
(c) Use of Funds.--Funds awarded under section 422(a) to a
project sponsor who is located in a high-performing community
may be used--
(1) for any of the eligible activities described in
section 423; or
(2) for any of the eligible activities described in
paragraphs (4) and (5) of section 415(a).
(d) Definition of High-Performing Community.--For purposes of
this section, the term ``high-performing community'' means a
geographic area that demonstrates through reliable data that
all five of the following requirements are met for that
geographic area:
(1) Term of homelessness.--The mean length of
episodes of homelessness for that geographic area--
(A) is less than 20 days; or
(B) for individuals and families in similar
circumstances in the preceding year was at
least 10 percent less than in the year before.
(2) Families leaving homelessness.--Of individuals
and families--
(A) who leave homelessness, fewer than 5
percent of such individuals and families become
homeless again at any time within the next 2
years; or
(B) in similar circumstances who leave
homelessness, the percentage of such
individuals and families who become homeless
again within the next 2 years has decreased by
at least 20 percent from the preceding year.
(3) Community action.--The communities that compose
the geographic area have--
(A) actively encouraged homeless individuals
and families to participate in homeless
assistance services available in that
geographic area; and
(B) included each homeless individual or
family who sought homeless assistance services
in the data system used by that community for
determining compliance with this subsection.
(4) Effectiveness of previous activities.--If
recipients in the geographic area have used funding
awarded under section 422(a) for eligible activities
described under section 415(a) in previous years based
on the authority granted under subsection (c), that
such activities were effective at reducing the number
of individuals and families who became homeless in that
community.
(5) Flexibility to serve persons defined as homeless
under other federal laws.--With respect to
collaborative applicants exercising the authority under
section 422(k) to serve homeless families with children
and youth defined as homeless under other Federal
statutes, effectiveness in achieving the goals and
outcomes identified in subsection 427(b)(1)(F)
according to such standards as the Secretary shall
promulgate.
(e) Cooperation among Entities.--A collaborative applicant
designated as a high-performing community under this section
shall cooperate with the Secretary in distributing information
about successful efforts within the geographic area represented
by the collaborative applicant to reduce homelessness.
* * * * * * *
SEC. 426. PROGRAM REQUIREMENTS.
[(a) Applications.--
[(1) Form and procedure.--Applications for assistance
under this subtitle shall be submitted by applicants in
the form and in accordance with the procedures
established by the Secretary. The Secretary may not
give preference or priority to any application on the
basis that the application was submitted by any
particular type of applicant entity.
[(2) Contents.--The Secretary shall require that
applications contain at a minimum--
[(A) a description of the proposed project,
including the activities to be undertaken;
[(B) a description of the size and
characteristics of the population that would
occupy the supportive housing assisted under
this subtitle;
[(C) a description of the public and private
resources that are expected to be made
available for the project;
[(D) in the case of projects assisted under
section 423(a) (1) or (2), assurances
satisfactory to the Secretary that the project
will be operated for not less than 20 years for
the purpose specified in the application;
[(E) in the case of projects assisted under
this title that do not receive assistance under
such sections, annual assurances during the
period specified in the application that the
project will be operated for the purpose
specified in the application for such period;
[(F) a certification from the public official
responsible for submitting the comprehensive
housing affordability strategy under section
105 of the Cranston-Gonzalez National
Affordable Housing Act for the State or unit of
general local government within which the
project is located that the proposed project is
consistent with the approved housing strategy
of such State or unit of general local
government; and
[(G) a certification that the applicant will
comply with the requirements of the Fair
Housing Act, title VI of the Civil Rights Act
of 1964, section 504 of the Rehabilitation Act
of 1973, and the Age Discrimination Act of
1975, and will affirmatively further fair
housing.
[(3) 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 assisted under section
423(a)(3) or housing that will eventually be owned or
controlled by the families and individuals served. An
applicant may obtain ownership or control of a suitable
site different from the site specified in the
application. If any recipient fails to obtain ownership
or control of the site within 12 months after
notification of an award for grant assistance, the
grant shall be recaptured and reallocated under this
subtitle.
[(b) Selection Criteria.--The Secretary shall select
applicants approved by the Secretary as to financial
responsibility to receive assistance under this subtitle by a
national competition based on criteria established by the
Secretary, which shall include--
[(1) the ability of the applicant to develop and
operate a project;
[(2) the innovative quality of the proposal in
providing a project;
[(3) the need for the type of project proposed by the
applicant in the area to be served;
[(4) the extent to which the amount of assistance to
be provided under this subtitle will be supplemented
with resources from other public and private sources;
[(5) the cost-effectiveness of the proposed project;
[(6) the extent to which the applicant has
demonstrated coordination with other Federal, State,
local, private and other entities serving homeless
persons in the planning and operation of the project,
to the extent practicable; and
[(7) such other factors as the Secretary determines
to be appropriate to carry out this subtitle in an
effective and efficient manner.
[(c) Required Agreements.--The Secretary may not provide
assistance for any project under this subtitle unless the
applicant agrees--
[(1) to operate the proposed project in accordance
with the provisions of this subtitle;
[(2) to conduct an ongoing assessment of the
supportive services required by homeless individuals
served by the project and the availability of such
services to such individuals;
[(3) to provide such residential supervision as the
Secretary determines is necessary to facilitate the
adequate provision of supportive services to the
residents and users of the project;
[(4) to monitor and report to the Secretary on the
progress of the project;
[(5) to develop and implement procedures to ensure
(A) the confidentiality of records pertaining to any
individual provided family violence prevention or
treatment services through any project assisted under
this subtitle, and (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 or persons responsible for
the operation of such project;
[(6) to the maximum extent practicable, to involve
homeless individuals and families, through employment,
volunteer services, or otherwise, in constructing,
rehabilitating, maintaining, and operating the project
assisted under this subtitle and in providing
supportive services for the project; and
[(7) to comply with such other terms and conditions
as the Secretary may establish to carry out this
subtitle in an effective and efficient manner.]
(a) Site Control.--The Secretary shall require that each
application include reasonable assurances that the applicant
will own or have control of a site for the proposed project not
later than the expiration of the 12-month period beginning upon
notification of an award for grant assistance, unless the
application proposes providing supportive housing assistance
under section 423(a)(3) or housing that will eventually be
owned or controlled by the families and individuals served. An
applicant may obtain ownership or control of a suitable site
different from the site specified in the application. If any
recipient or project sponsor fails to obtain ownership or
control of the site within 12 months after notification of an
award for grant assistance, the grant shall be recaptured and
reallocated under this subtitle.
(b) Required Agreements.--The Secretary may not provide
assistance for a proposed project under this subtitle unless
the collaborative applicant involved agrees--
(1) to ensure the operation of the project in
accordance with the provisions of this subtitle;
(2) to monitor and report to the Secretary the
progress of the project;
(3) to ensure, to the maximum extent practicable,
that individuals and families experiencing homelessness
are involved, through employment, provision of
volunteer services, or otherwise, in constructing,
rehabilitating, maintaining, and operating facilities
for the project and in providing supportive services
for the project;
(4) to require certification from all project
sponsors that--
(A) they will maintain the confidentiality of
records pertaining to any individual or family
provided family violence prevention or
treatment services through the project;
(B) that the address or location of any
family violence shelter project assisted under
this subtitle will not be made public, except
with written authorization of the person
responsible for the operation of such project;
(C) they will establish policies and
practices that are consistent with, and do not
restrict the exercise of rights provided by,
subtitle B of title VII, and other laws
relating to the provision of educational and
related services to individuals and families
experiencing homelessness;
(D) in the case of programs that provide
housing or services to families, they will
designate a staff person to be responsible for
ensuring that children being served in the
program are enrolled in school and connected to
appropriate services in the community,
including early childhood programs such as Head
Start, part C of the Individuals with
Disabilities Education Act, and programs
authorized under subtitle B of title VII of
this Act (42 U.S.C. 11431 et seq.); and
(E) they will provide data and reports as
required by the Secretary pursuant to the Act;
(5) if a collaborative applicant is a unified funding
agency under section 402(g) and receives funds under
subtitle C to carry out the payment of administrative
costs described in section 423(a)(11), to establish
such fiscal control and fund accounting procedures as
may be necessary to assure the proper disbursal of, and
accounting for, such funds in order to ensure that all
financial transactions carried out with such funds are
conducted, and records maintained, in accordance with
generally accepted accounting principles;
(6) to monitor and report to the Secretary the
provision of matching funds as required by section 430;
(7) to take the educational needs of children into
account when families are placed in emergency or
transitional shelter and will, to the maximum extent
practicable, place families with children as close as
possible to their school of origin so as not to disrupt
such children's education; and
(8) to comply with such other terms and conditions as
the Secretary may establish to carry out this subtitle
in an effective and efficient manner.
[(d)] (c) Occupancy Charge.--Each homeless individual or
family residing in a project providing supportive housing may
be required to pay an occupancy charge in an amount determined
by the [recipient] recipient or project sponsor providing the
project, which may not exceed the amount determined under
section 3(a) of the United States Housing Act of 1937.
Occupancy charges paid may be reserved, in whole or in part, to
assist residents in moving to permanent housing.
[(e) Matching Funding.--Each recipient shall be required to
supplement the amount of assistance provided under paragraphs
(1) and (2) of section 423(a) with an equal amount of funds
from sources other than this subtitle.]
[(f)] (d) Flood Protection Standards.--Flood protection
standards applicable to housing acquired, rehabilitated,
constructed, or assisted under this subtitle shall be no more
restrictive than the standards applicable under Executive Order
No. 11988 (May 24, 1977) to the other programs under this
title.
[(g)] (e) Participation of Homeless Individuals.--The
Secretary shall, by regulation, require each [recipient]
recipient or project sponsor to provide for the participation
of not less than 1 homeless individual or former homeless
individual on the board of directors or other equivalent
policymaking entity of the [recipient] recipient or project
sponsor, to the extent that such entity considers and makes
policies and decisions regarding any project, supportive
services, or assistance provided under this subtitle. The
Secretary may grant waivers to applicants unable to meet the
requirement under the preceding sentence if the applicant
agrees to otherwise consult with homeless or formerly homeless
individuals in considering and making such policies and
decisions.
[(h)] (f) Limitation on Use of Funds.--No assistance received
under this subtitle (or any State or local government funds
used to supplement such assistance) may be used to replace
other State or local funds previously used, or designated for
use, to assist homeless persons.
[(i) Limitation on Administrative Expenses.--No recipient may
use more than 5 percent of a grant received under this subtitle
for administrative purposes.]
[(j)] (g) Termination of Assistance.--If an individual or
family who receives assistance under this subtitle (not
including residents of an emergency shelter) from a recipient
violates program requirements, the recipient may terminate
assistance in accordance with a formal process established by
the recipient that recognizes the rights of individuals
receiving such assistance to due process of law, which may
include a hearing.
SEC. 427. SELECTION CRITERIA.
(a) In General.--The Secretary shall award funds to
recipients through a national competition between geographic
areas based on criteria established by the Secretary.
(b) Required Criteria.--
(1) In general.--The criteria established under
subsection (a) shall include--
(A) the previous performance of the recipient
regarding homelessness, including performance
related to funds provided under section 412
(except that recipients applying from
geographic areas where no funds have been
awarded under this subtitle, or under subtitles
C, D, E, or F of title IV of this Act, as in
effect prior to the date of the enactment of
the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2008, shall
receive full credit for performance under this
subparagraph), measured by criteria that shall
be announced by the Secretary, that shall take
into account barriers faced by individual
homeless people, and that shall include--
(i) the length of time individuals
and families remain homeless;
(ii) the extent to which individuals
and families who leave homelessness
experience additional spells of
homelessness;
(iii) the thoroughness of grantees in
the geographic area in reaching
homeless individuals and families;
(iv) overall reduction in the number
of homeless individuals and families;
(v) jobs and income growth for
homeless individuals and families;
(vi) success at reducing the number
of individuals and families who become
homeless;
(vii) other accomplishments by the
recipient related to reducing
homelessness; and
(viii) for collaborative applicants
that have exercised the authority under
section 422(k) to serve families with
children and youth defined as homeless
under other Federal statutes, success
in achieving the goals and outcomes
identified in section 427(b)(1)(F);
(B) the plan of the recipient, which shall
describe--
(i) how the number of individuals and
families who become homeless will be
reduced in the community;
(ii) how the length of time that
individuals and families remain
homeless will be reduced;
(iii) how the recipient will
collaborate with local education
authorities to assist in the
identification of individuals and
families who become or remain homeless
and are informed of their eligibility
for services under subtitle B of title
VII of this Act (42 U.S.C. 11431 et
seq.);
(iv) the extent to which the
recipient will--
(I) address the needs of all
relevant subpopulations;
(II) incorporate
comprehensive strategies for
reducing homelessness,
including the interventions
referred to in section 428(d);
(III) set quantifiable
performance measures;
(IV) set timelines for
completion of specific tasks;
(V) identify specific funding
sources for planned activities;
and
(VI) identify an individual
or body responsible for
overseeing implementation of
specific strategies; and
(v) whether the recipient proposes to
exercise authority to use funds under
section 422(k), and if so, how the
recipient will achieve the goals and
outcomes identified in section
427(b)(1)(F);
(C) the methodology of the recipient used to
determine the priority for funding local
projects under section 422(c)(1), including the
extent to which the priority-setting process--
(i) uses periodically collected
information and analysis to determine
the extent to which each project has
resulted in rapid return to permanent
housing for those served by the
project, taking into account the
severity of barriers faced by the
people the project serves;
(ii) considers the full range of
opinions from individuals or entities
with knowledge of homelessness in the
geographic area or an interest in
preventing or ending homelessness in
the geographic area;
(iii) is based on objective criteria
that have been publicly announced by
the recipient; and
(iv) is open to proposals from
entities that have not previously
received funds under this subtitle;
(D) the extent to which the amount of
assistance to be provided under this subtitle
to the recipient will be supplemented with
resources from other public and private
sources, including mainstream programs
identified by the Government Accountability
Office in the two reports described in section
203(a)(7);
(E) demonstrated coordination by the
recipient with the other Federal, State, local,
private, and other entities serving individuals
and families experiencing homelessness and at
risk of homelessness in the planning and
operation of projects;
(F) for collaborative applicants exercising
the authority under section 422(k) to serve
homeless families with children and youth
defined as homeless under other Federal
statutes, program goals and outcomes, which
shall include--
(i) preventing homelessness among the
subset of such families with children
and youth who are at highest risk of
becoming homeless, as such term is
defined for purposes of this title; or
(ii) achieving independent living in
permanent housing among such families
with children and youth, especially
those who have a history of doubled-up
and other temporary housing situations
or are living in a temporary housing
situation due to lack of available and
appropriate emergency shelter, through
the provision of eligible assistance
that directly contributes to achieving
such results including assistance to
address chronic disabilities, chronic
physical health or mental health
conditions, substance addiction,
histories of domestic violence or
childhood abuse, or multiple barriers
to employment; and
(G) such other factors as the Secretary
determines to be appropriate to carry out this
subtitle in an effective and efficient manner.
(2) Additional criteria.--In addition to the criteria
required under paragraph (1), the criteria established
under paragraph (1) shall also include the need within
the geographic area for homeless services, determined
as follows and under the following conditions:
(A) Notice.--The Secretary shall inform each
collaborative applicant, at a time concurrent
with the release of the notice of funding
availability for the grants, of the pro rata
estimated grant amount under this subtitle for
the geographic area represented by the
collaborative applicant.
(B) Amount.--
(i) Basis.--Such estimated grant
amount shall be based on a percentage
of the total funds available, or
estimated to be available, to carry out
this subtitle for any fiscal year that
is equal to the percentage of the total
amount available for section 106 of the
Housing and Community Development Act
of 1974 (42 U.S.C. 5306) for the prior
fiscal year that
(I) was allocated to all
metropolitan cities and urban
counties within the geographic
area represented by the
collaborative applicant; or
(II) would have been
distributed to all counties
within such geographic area
that are not urban counties, if
the 30 percent portion of the
allocation to the State
involved (as described in
subsection (d)(1) of that
section 106) for that year had
been distributed among the
counties that are not urban
counties in the State in
accordance with the formula
specified in that subsection
(with references in that
subsection to nonentitlement
areas considered to be
references to those counties).
(ii) Adjustment.--In computing the
estimated grant amount, the Secretary
shall adjust the estimated grant amount
determined pursuant to clause (i) to
ensure that--
(I) 75 percent of the total
funds available, or estimated
to be available, to carry out
this subtitle for any fiscal
year are allocated to the
metropolitan cities and urban
counties that received a direct
allocation of funds under
section 413 for the prior
fiscal year; and
(II) 25 percent of the total
funds available, or estimated
to be available, to carry out
this subtitle for any fiscal
year are allocated--
(aa) to the
metropolitan cities and
urban counties that did
not receive a direct
allocation of funds
under section 413 for
the prior fiscal year;
and
(bb) to counties that
are not urban counties.
(iii) Combinations or consortia.--For
any collaborative applicant that
represents a combination or consortium
of cities or counties, the estimated
grant amount shall be the sum of the
estimated grant amounts for the cities
or counties represented by the
collaborative applicant.
(3) Homelessness counts.--The Secretary shall not
require that communities conduct an actual count of
homeless people other than those described in
paragraphs (1) through (4) of section 103(a) of this
Act (42 U.S.C. 11302(a)).
(c) Adjustments.--The Secretary may adjust the formula
described in subsection (b)(2) as necessary--
(1) to ensure that each collaborative applicant has
sufficient funding to renew all qualified projects for
at least one year; and
(2) to ensure that collaborative applicants are not
discouraged from replacing renewal projects with new
projects that the collaborative applicant determines
will better be able to meet the purposes of this Act.
SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC ELIGIBLE
ACTIVITIES.
(a) Minimum Allocation for Permanent Housing for Homeless
Individuals and Families with Disabilities.--
(1) In general.--From the amounts made available to
carry out this subtitle for a fiscal year, a portion
equal to not less than 30 percent of the sums made
available under section 408, not including amounts
described in section 408(b), shall be used for new
permanent housing for homeless individuals with
disabilities and homeless families that include such an
individual who is an adult or a minor head of household
if no adult is present in the household.
(2) Calculation.--In calculating the portion of the
amount described in paragraph (1) that is used for
activities that are described in paragraph (1), the
Secretary shall not count funds made available to renew
contracts for existing projects under section 408(b).
(3) Adjustments.--The 30 percent figure in paragraph
(1) shall be reduced as follows:
(A) Proportionately based on need under
section 427(b)(2) in geographic areas for which
subsection (e) applies in regard to subsection
(d)(2)(A); and
(B) by two percentage points for every three
percentage points above 35 percent of the
amount of funding provided under subtitle B and
this subtitle that is needed to renew existing
grants for one year, other than those provided
for under section 429.
(4) Termination.--The requirement established in
paragraph (1) shall terminate upon a finding by the
Secretary that since the beginning of 2001 at least
150,000 new units of permanent housing for homeless
individuals and families with disabilities have been
funded under this subtitle.
(b) Set-Aside for Permanent Housing for Homeless Families
with Children.--From the amounts made available to carry out
this subtitle for a fiscal year, a portion equal to not less
than 10 percent of the sums made available to carry out
subtitle B and this subtitle for that fiscal year shall be used
to provide or secure permanent housing for homeless families
with children.
(c) Treatment of Amounts for Permanent or Transitional
Housing.--Nothing in this Act may be construed to establish a
limit on the amount of funding that an applicant may request
under this subtitle for acquisition, construction, or
rehabilitation activities for the development of permanent
housing or transitional housing.
(d) Incentives for Proven Strategies.--
(1) In general.--The Secretary shall provide bonuses
or other incentives to geographic areas for using
funding under this subtitle for activities that have
been proven to be effective at reducing homelessness
generally, reducing homelessness for a specific
subpopulation, or achieving homeless prevention and
independent living goals as set forth in section
427(b)(1)(F).
(2) Rule of construction.--For purposes of this
subsection, activities that have been proven to be
effective at reducing homelessness generally or
reducing homelessness for a specific subpopulation
includes--
(A) permanent supportive housing for
chronically homeless individuals and families;
(B) for homeless families, rapid rehousing
services, short-term flexible subsidies to
overcome barriers to rehousing, support
services concentrating on improving incomes to
pay rent, coupled with performance measures
emphasizing rapid and permanent rehousing and
with leveraging funding from mainstream family
service systems such as Temporary Assistance
for Needy Families and Child Welfare services;
and
(C) any other activity determined by the
Secretary, based on research and after notice
and comment to the public, to have been proven
effective at reducing homelessness generally,
reducing homelessness for a specific
subpopulation, or achieving homeless prevention
and independent living goals as set forth in
section 427(b)(1)(F).
(3) Balance of incentives for proven strategies.--To
the extent practicable, in providing bonuses or
incentives for proven strategies, the Secretary shall
seek to maintain a balance among strategies targeting
homeless individuals, families, and other
subpopulations. The Secretary shall not implement
bonuses or incentives that specifically discourage
collaborative applicants from exercising their
flexibility to serve families with children and youth
defined as homeless under other Federal statutes.
(e) Incentives for Successful Implementation of Proven
Strategies.--If any geographic area demonstrates that it has
fully implemented any of the activities described in subsection
(d) for all homeless individuals and families or for all
members of subpopulations for whom such activities are
targeted, that geographic area shall receive the bonus or
incentive provided under subsection (d), but may use such bonus
or incentive for any eligible activity under either section 423
or paragraphs (4) and (5) of section 415(a) for homeless people
generally or for the relevant subpopulation.
SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR PERMANENT
HOUSING.
(a) In General.--Renewal of permanent housing contracts, as
provided under section 408(b), may be funded either under the
appropriations account for this title or may be funded under
the section 8 project-based rental assistance account, except
that renewal under the project-based rental assistance account
shall be contingent on sufficient funding in such account for
the full year renewal of all project-based contracts expiring
in such year.
(b) Renewals.--The sums made available under section 408(b)
shall be available for the renewal of contracts in the case of
tenant-based assistance, successive one-year terms, and in the
case of project-based assistance, successive terms of up to 15
years at the discretion of the applicant or project sponsor and
subject to the availability of annual appropriations, for
rental assistance and housing operation costs associated with
permanent housing projects funded under this subtitle, or under
subtitle C or F (as in effect on the day before the effective
date under section 503 of the Homeless Emergency Assistance and
Rapid Transition to Housing Act of 2008). The Secretary shall
determine whether to renew a contract for such a permanent
housing project on the basis of certification by the
collaborative applicant for the geographic area that--
(1) there is a demonstrated need for the project; and
(2) the project complies with program requirements
and appropriate standards of housing quality and
habitability, as determined by the Secretary.
(c) Construction.--Nothing in this section shall be construed
as prohibiting the Secretary from renewing contracts under this
subtitle in accordance with criteria set forth in a provision
of this subtitle other than this section.
SEC. 430. MATCHING FUNDING.
(a) In General.--A collaborative applicant in a geographic
area in which funds are awarded under this subtitle shall
specify contributions from any source other than a grant
awarded under this subtitle, including renewal funding of
projects assisted under subtitles C, D, and F of this title as
in effect before the effective date under section 503 of the
Homeless Emergency Assistance and Rapid Transition to Housing
Act of 2008, that shall be made available in the geographic
area in an amount equal to not less than 25 percent of the
funds provided to recipients in the geographic area, except
that grants for leasing shall not be subject to any match
requirement.
(b) Limitations on in-Kind Match.--The cash value of services
provided to the residents or clients of a project sponsor by an
entity other than the project sponsor may count toward the
contributions in subsection (a) only when documented by a
memorandum of understanding between the project sponsor and the
other entity that such services will be provided.
(c) Countable Activities.--The contributions required under
subsection (a) may consist of--
(1) funding for any eligible activity described under
section 423; and
(2) subject to subsection (b), in-kind provision of
services of any eligible activity described under
section 423.
SEC. 431. APPEAL PROCEDURE.
(a) In General.--With respect to funding under this subtitle,
if certification of consistency with the consolidated plan
pursuant to section 403 is withheld from an applicant who has
submitted an application for that certification, such applicant
may appeal such decision to the Secretary.
(b) Procedure.--The Secretary shall establish a procedure to
process the appeals described in subsection (a).
(c) Determination.--Not later than 45 days after the date of
receipt of an appeal described in subsection (a), the Secretary
shall determine if certification was unreasonably withheld. If
such certification was unreasonably withheld, the Secretary
shall review such application and determine if such applicant
shall receive funding under this subtitle.
SEC. [427.] 432. REGULATIONS.
Not later than the expiration of the 90-day period beginning
on the date of the enactment of the Housing and Community
Development Act of 1992, the Secretary shall issue interim
regulations to carry out this subtitle, which shall take effect
upon issuance. The Secretary shall issue final regulations to
carry out this subtitle after notice and opportunity for public
comment regarding the interim regulations, pursuant to the
provisions of section 553 of title 5, United States Code
(notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such
section). The duration of the period for public comment shall
not be less than 60 days, and the final regulations shall be
issued not later than the expiration of the 60-day period
beginning upon the conclusion of the comment period and shall
take effect upon issuance.
SEC. [428.] 433. REPORTS TO CONGRESS.
The Secretary shall submit a report to the Congress annually,
summarizing the activities carried out under this subtitle and
setting forth the findings, conclusions, and recommendations of
the Secretary as a result of the activities. The report shall
be submitted not later than 4 months after the end of each
fiscal year (except that, in the case of fiscal year 1993, the
report shall be submitted not later than 6 months after the end
of the fiscal year).
[SEC. 429. AUTHORIZATION OF APPROPRIATIONS.
[(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle $204,000,000 for
fiscal year 1993 and $212,568,000 for fiscal year 1994.
[(b) Set-asides.--Of any amounts appropriated to carry out
this subtitle--
[(1) not less than 25 percent shall be allocated to
projects designed primarily to serve homeless families
with children;
[(2) not less than 25 percent shall be allocated to
projects designed primarily to serve homeless persons
with disabilities; and
[(3) not less than 10 percent shall be allocated for
use only for providing supportive services under
sections 423(a)(5) and 425, not provided in conjunction
with supportive housing.
[(c) Reallocations.--If, following the receipt of
applications for the final funding round under this subtitle
for any fiscal year, any amount set aside for assistance
pursuant to subsection (b) will not be required to fund the
approvable applications submitted for such assistance, the
Secretary shall reallocate such amount for other assistance
pursuant to this subtitle.
[Subtitle D--Safe Havens for Homeless Individuals Demonstration Program
[SEC. 431. ESTABLISHMENT OF DEMONSTRATION.
[(a) In General.--The Secretary may make grants to applicants
to demonstrate the desirability and feasibility of providing
very low-cost housing, to be known as safe havens, to homeless
persons who, at the time, are unwilling or unable to
participate in mental health treatment programs or to receive
other supportive services.
[(b) Purposes.--The demonstration program carried out under
this subtitle shall demonstrate--
[(1) whether and on what basis eligible persons
choose to reside in safe havens;
[(2) the extent to which, after a period of residence
in a safe haven, residents are willing to participate
in mental health treatment programs, substance abuse
treatment, or other treatment programs and to move
toward a more traditional form of permanent housing and
the availability in the community of such permanent
housing and treatment programs;
[(3) whether safe havens are cost-effective in
comparison with other alternatives for eligible
persons; and
[(4) the various ways in which safe havens may be
used to provide accommodations and low-demand services
and referrals for eligible persons.
[SEC. 432. DEFINITIONS.
[For purposes of this subtitle:
[(1) Applicant.--The term ``applicant'' means a
nonprofit corporation, public nonprofit organization,
State, or unit of general local government.
[(2) Eligible person.--The term ``eligible person''
means an individual who--
[(A) is seriously mentally ill and resides
primarily in a public or private place not
designed for, or ordinarily used as, a regular
sleeping accommodation for human beings, which
may include occasional residence in an
emergency shelter; and
[(B) is currently unwilling or unable to
participate in mental health or substance abuse
treatment programs or to receive other
supportive services.
Such term does not include a person whose sole
impairment is substance abuse.
[(3) Facility.--The term ``facility'' means a
structure or a clearly identifiable portion of a
structure that is assisted under this subtitle.
[(4) Low-demand services and referrals.--The term
``low-demand services and referrals'' means the
provision of health care, mental health, substance
abuse, and other supportive services and referrals for
services in a noncoercive manner, which may include
medication management, education, counseling, job
training, and assistance in obtaining entitlement
benefits and in obtaining other supportive services
including mental health treatment and substance abuse
treatment.
[(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
[(A) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
[(B) that has a voluntary board;
[(C) that has an accounting system, or has
designated a fiscal agent in accordance with
requirements established by the Secretary; and
[(D) that practices nondiscrimination in the
provision of assistance.
[(6) Operating costs.--The term ``operating costs''
means expenses incurred by a recipient operating a safe
haven under this subtitle with respect to--
[(A) the operation of the facility, including
the cost of 24-hour management, and
maintenance, repair, and security;
[(B) utilities, fuel, furnishings, and
equipment for such housing; and
[(C) other reasonable costs necessary to the
operation of the facility, which may include
appropriate outreach and drop-in services.
[(7) Recipient.--The term ``recipient'' means an
applicant that receives assistance under this subtitle.
[(8) Safe haven.--The term ``safe haven'' means a
facility--
[(A) that provides 24-hour residence for
eligible persons who may reside for an
unspecified duration;
[(B) that provides private or semiprivate
accommodations;
[(C) that may provide for the common use of
kitchen facilities, dining rooms, and
bathrooms;
[(D) that may provide supportive services to
eligible persons who are not residents on a
drop-in basis; and
[(E) in which overnight occupancy is limited
to no more than 25 persons.
[(9) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.
[(10) Seriously mentally ill.--The term ``seriously
mentally ill'' means having a severe and persistent
mental or emotional impairment that seriously limits a
person's ability to live independently.
[(11) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, and
Palau.
[(12) Unit of general local government.--The term
``unit of general local government'' has the meaning
given the term in section 102(a) of the Housing and
Community Development Act of 1974.
[SEC. 433. PROGRAM ASSISTANCE.
[(a) In General.--
[(1) Eligible activities.--The Secretary may provide
assistance with respect to a program under this
subtitle for the following activities:
[(A) The construction of a structure for use
in providing a safe haven or the acquisition,
rehabilitation, or acquisition and
rehabilitation of an existing structure for use
in providing a safe haven.
[(B) The leasing of an existing structure for
use in providing a safe haven.
[(C) To cover the operating costs of a safe
haven.
[(D) To cover the costs of administering a
safe haven program, not to exceed 10 percent of
the amounts made available for activities under
subparagraphs (A) through (C).
[(E) Outreach activities designed to inform
eligible persons about and attract them to a
safe haven program.
[(F) The provision of low-demand services and
referrals for residents of a safe haven, except
that grants under this subtitle may not be used
to cover more than 50 percent of the cost of
such services and referrals.
[(G) Other activities that further the
purposes of this subtitle, including the
modification of an existing facility to use a
portion of the facility to provide with a safe
haven.
[(2) Period of assistance.--Assistance may be
provided to any safe haven program for activities under
subparagraphs (B) through (F) of paragraph (1) for a
period of not more than 5 years, except that the
Secretary may, upon application by the recipient,
provide assistance for an additional period of time,
not to exceed 5 years, subject to--
[(A) the determination of the Secretary that
the performance of the recipient under this
subtitle is satisfactory; and
[(B) the availability of appropriations for
such purpose.
[(3) Limit on amount.--The total amount of assistance
provided to any recipient under this subsection may not
exceed $400,000 in any 5-year period.
[(b) Matching Funding.--
[(1) In general.--Each recipient shall supplement a
grant provided under this subtitle with an equal amount
of funds from sources other than this subtitle. Each
recipient shall certify to the Secretary that it has
complied with this paragraph, and shall include with
the certification a description of the sources and
amounts of such supplemental funds.
[(2) Calculation of amounts.--In calculating the
amount of supplemental funds required under paragraph
(1), a recipient may include any funds derived from
another source, the value of any lease on a building,
any salary paid to staff to carry out the program of
the recipient, and the value of the time and services
contributed by volunteers, at a rate determined by the
Secretary, to carry out the program of the recipient.
[SEC. 434. PROGRAM REQUIREMENTS.
[(a) Applications.--Applications for assistance under this
subtitle shall be submitted by an applicant in such form and in
accordance with such procedures as the Secretary shall
establish, and such applications shall contain at a minimum--
[(1) a description of the proposed facility;
[(2) a description of the number and characteristics
of the eligible persons expected to occupy the safe
haven;
[(3) a plan for identifying and selecting eligible
persons to participate;
[(4) a program plan, containing a description of the
method--
[(A) of operation of the facility, including
staffing plans and facility rules;
[(B) by which the applicant will secure
supportive services for residents of the safe
haven;
[(C) by which the applicant will monitor the
willingness of residents to engage in treatment
programs and other supportive services;
[(D) by which access to supportive services
will be secured for residents willing to use
them;
[(E) by which access to permanent housing
with appropriate services, such as the Shelter
Plus Care program under subtitle F, will be
sought after residents are stabilized; and
[(F) by which the applicant will conduct
outreach activities to facilitate the entrance
of eligible persons into the safe haven;
[(5) a plan to ensure that adequate security
precautions are taken to make the facility safe for the
residents;
[(6) an estimate of program costs;
[(7) a description of the resources that are expected
to be made available in accordance with section 433(b);
[(8) assurances satisfactory to the Secretary that
the facility will have 24-hour, on-site management, if
practicable;
[(9) assurances satisfactory to the Secretary that
the facility will be operated for the purpose specified
in the application for each year in which assistance is
provided under this subtitle;
[(10) a certification by the public official
responsible for submitting the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act for
the State or unit of general local government within
which the facility is located that the proposed
activities are consistent with the approved housing
strategy for such jurisdiction;
[(11) a certification that the applicant will comply
with the requirements of the Fair Housing Act, title VI
of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination
Act of 1975, and will affirmatively further fair
housing;
[(12) a plan for program evaluation based on
information that is collected on a periodic basis
regarding the characteristics of the residents,
including their movement in and out of the safe haven,
their willingness to use low-demand services and
referrals, the availability and quality of services
used, and the movement of residents toward a more
traditional form of permanent housing after a period of
residency in the safe haven; and
[(13) such other information as the Secretary may
require.
[(b) Site Control.--The Secretary shall require that an
applicant furnish reasonable assurances that the applicant will
have control of a site for the proposed facility not later than
1 year after notification of an award of assistance under this
subtitle. If an applicant fails to obtain control of the site
within this period, the grant shall be recaptured by the
Secretary and reallocated for use under this subtitle.
[(c) Selection Criteria.--The Secretary shall establish
selection criteria for selecting applicants to receive
assistance under this subtitle pursuant to a national
competition, which shall include--
[(1) the extent to which the applicant demonstrates
the ability to develop and operate a safe haven;
[(2) the extent to which there is a need for a safe
haven in the jurisdiction in which the facility will be
located;
[(3) the extent to which the program would link
eligible persons to permanent housing and supportive
services after stabilization in a safe haven;
[(4) the cost-effectiveness of the proposed program;
[(5) providing for geographical diversity among
applicants selected to receive assistance;
[(6) the extent to which the safe haven would meet
the need of the eligible persons proposed to be served
by the safe haven; and
[(7) such other factors as the Secretary determines
to be appropriate for purposes of carrying out the
program established under this subtitle in an effective
and efficient manner.
[(d) Required Agreements.--The Secretary may not provide
assistance under this subtitle for any safe haven program
unless the applicant agrees--
[(1) to develop and operate the proposed facility as
a safe haven in accordance with the provisions of this
subtitle;
[(2) to ensure that the facility meets any standards
of habitability established by the Secretary;
[(3) to provide low-demand services and referrals for
the residents of the safe haven;
[(4) to prohibit the use of illegal drugs and alcohol
in the facility;
[(5) to ensure that adequate security precautions are
taken to make the facility safe for the residents;
([6) not to establish limitations on the duration of
residency;
[(7) not to require participation in low-demand
services and referrals as a condition of occupancy;
[(8) to monitor and report to the Secretary on
progress in carrying out the safe haven program;
[(9) to the maximum extent practicable, to involve
eligible persons, through employment, volunteer
services, or otherwise, in renovating, maintaining, and
operating facilities assisted under this subtitle and
in providing services assisted under this subtitle;
[(10) to provide for the participation of not less
than 1 homeless individual or former homeless
individual on the board of directors or other
equivalent policymaking entity of such recipient (in
accordance with regulations that the Secretary shall
issue), to the extent that such entity considers and
makes policies and decisions regarding any facility or
services assisted under this subtitle, or to otherwise
provide for the consultation and participation of such
an individual in considering and making such policies
and decisions; and
[(11) to comply with such other terms and conditions
as the Secretary may establish for purposes of carrying
out the program established under this subtitle in an
effective and efficient manner.
The Secretary may waive the applicability of the requirement
under paragraph (10) for an applicant that is unable to meet
such requirement, if the applicant agrees to otherwise consult
with homeless or formerly homeless individuals in considering
and making such policies and decisions.
[SEC. 435. OCCUPANCY CHARGE.
[Each eligible person who resides in a facility assisted
under this subtitle shall pay an occupancy charge in an amount
determined by the recipient, but not to exceed the amount
determined under section 3(a) of the United States Housing Act
of 1937. The occupancy charge may be phased in or reduced based
on the type of living accommodations provided. The recipient
may waive occupancy charges for limited periods of time for
residents unwilling or unable to pay them. Occupancy charges
paid may be reserved to assist residents in moving to a more
traditional form of permanent housing.
[SEC. 436. TERMINATION OF ASSISTANCE.
[If an eligible person who resides in a safe haven or who
receives low-demand services or referrals endangers the safety,
welfare, or health of other residents, or repeatedly violates a
condition of occupancy contained in the rules for the safe
haven (as set forth in the application submitted under this
subtitle), the recipient may terminate such residency or
assistance in accordance with a formal process established by
the rules for the safe haven, which may include a hearing.
[SEC. 437. EVALUATION AND REPORT.
[The Secretary shall conduct an evaluation of the safe haven
demonstration program under this subtitle and shall submit a
report to the Congress, not later than December 31, 1994, which
shall set forth the findings of the Secretary as a result of
the evaluation.
[SEC. 438. REGULATIONS.
[(a) In General.--The Secretary shall, by notice published in
the Federal Register, establish such requirements as may be
necessary to carry out the amendments made by this subtitle.
[(b) Consultation.--In establishing requirements to carry out
the provisions of this subtitle, and in considering
applications under this subtitle, the Secretary shall consult
with officials of the appropriate agencies of the Department of
Health and Human Services and with representative provider and
public interest groups.
[(c) Eligibility for SSI and Medicaid.--
[(1) Supplemental security income.--All provisions of
the Supplemental Security Income program under title
XVI of the Social Security Act and of State programs in
supplementation thereof shall apply to participants in
the safe havens demonstration program under this
subtitle, except that no individual living in a safe
haven shall--
[(A) be considered an inmate of a public
institution (as provided in section
1611(e)(1)(A) of such Act); or
[(B) have benefits under such title XVI
reduced or terminated because of the receipt of
support and maintenance (as provided in section
1612(a)(2)(A) of such Act), to the extent such
support and maintenance is received as a result
of participation in the safe havens
demonstration program.
[(2) Medicaid.--A safe haven shall not be considered
a hospital, nursing facility, institution for mental
disease as defined under section 1905(i) of the Social
Security Act, or any other inpatient facility, for
purposes of the program under title XIX of such Act,
and individuals shall not be denied eligibility for
medicaid because of residency in such residence.
[SEC. 439. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subtitle $62,000,000 for fiscal year 1993 and $64,604,000 for
fiscal year 1994.
[Subtitle E--Miscellaneous Provisions
[SEC. 441. SECTION 8 ASSISTANCE FOR SINGLE ROOM OCCUPANCY DWELLINGS.
[(a) Increase in Budget Authority.--The budget authority
available under section 5(c) of the United States Housing Act
of 1937 for assistance under section 8(e)(2) of such Act is
authorized to be increased by $105,000,000 on or after October
1, 1992, and by $109,410,000 on or after October 1, 1993.
[(b) Use of Funds.--The amounts made available under this
section shall be used only in connection with the moderate
rehabilitation of housing described in section 8(n) of the
United States Housing Act of 1937 for occupancy by homeless
individuals, except that amounts made available under this
section may be used in connection with the moderate
rehabilitation of efficiency units if the building owner agrees
to pay the additional cost of rehabilitating and operating such
units., and except that the Secretary may provide amounts
available under this section to private nonprofit organizations
that submit applications for such assistance that are approved
by the Secretary.
[(c) Allocation.--The amounts made available under this
section shall be allocated by the Secretary of Housing and
Urban Development on the basis of a national competition to the
applicants that best demonstrate a need for the assistance
under this section and the ability to undertake and carry out a
program to be assisted under this section. To be considered for
assistance under this section, an applicant shall submit to the
Secretary of Housing and Urban Development a written proposal
containing--
[(1) a description of the size and characteristics of
the population within the applicant's jurisdiction that
would occupy single room occupancy dwellings;
[(2) a listing of additional commitments from public
and private sources that the applicant might be able to
provide in connection with the program;
[(3) an inventory of suitable housing stock to be
rehabilitated with such assistance;
[(4) a description of the interest that has been
expressed by builders, developers, and others
(including profit and nonprofit organizations) in
participating in the program; and
[(5) assurances satisfactory to the Secretary that
the applicant, to the maximum extent practicable, will
involve homeless individuals and families, through
employment, volunteer services, or otherwise, in
rehabilitating and operating facilities assisted under
this section and in providing services for occupants of
such facilities.
No single city or urban county shall be eligible to receive
more than 10 percent of the assistance made available under
this section.
[(d) Fire and Safety Improvements.--Each contract for housing
assistance payments entered into with the authority provided
under this section shall require the installation of a
sprinkler system that protects all major spaces, hard wired
smoke detectors, and such other fire and safety improvements as
may be required by State or local law. For purposes of this
subsection, the term ``major spaces'' means hallways, large
common areas, and other areas specified in local fire,
building, or safety codes.
[(e) Cost Limitation.--
[(1) The total cost of rehabilitation that may be
compensated for in a contract for housing assistance
payments entered into with the authority provided under
this section shall not exceed $14,000 per unit, plus
the expenditures required by subsection (d).
[(2) The Secretary of Housing and Urban Development
shall increase the limitation contained in paragraph
(1) by an amount the Secretary determines is reasonable
and necessary to accommodate special local conditions,
including--
[(A) high construction costs; or
[(B) stringent fire or building codes.
[(3) The Secretary of Housing and Urban Development
shall increase the limitation in paragraph (1) on
October 1 of each year by an amount necessary to take
into account increases in construction costs during the
previous 12-month period.
[(f) Contract Requirements.--Each contract for annual
contributions entered into with a approved applicant to
obligate the authority made available under this section
shall--
[(1) commit the Secretary of Housing and Urban
Development to make such authority available to the
approved applicant for an aggregate period of 10 years,
and require that any amendments increasing such
authority shall be available for the remainder of such
10-year period;
[(2) provide the Secretary of Housing and Urban
Development with the option to renew the contract for
an additional period of 10 years, subject to the
availability of appropriations; and
[(3) provide that, notwithstanding any other
provision of law, first priority for occupancy of
housing rehabilitated under this section shall be given
to homeless individuals.
[(h) Participation of Homeless Individuals.--The Secretary
shall, by regulation, require each approved applicant receiving
assistance under this section that is not a public housing
agency to provide for the participation of not less than one
homeless individual or former homeless individual on the board
of directors or other equivalent policymaking entity of such
applicant, to the extent that such entity considers and makes
policies and decisions regarding the rehabilitation of any
housing with assistance under this section. The Secretary may
grant waivers to approved applicants unable to meet the
requirements under the preceding sentence if the applicant
agrees to otherwise consult with homeless or formerly homeless
individuals in considering and making such policies and
decisions.
[(i) Termination of Assistance.--If an individual or family
who receives assistance under this section violates program
requirements, the recipient of amounts made available under
this section may terminate assistance in accordance with a
formal process established by the recipient that recognizes the
rights of individuals receiving such assistance to due process
of law.
[(j) Definitions.--For purposes of this section--
[(1) the term ``applicant'' means a public housing
agency, or private nonprofit organization that applies
for assistance under this section; and
[(2) the term ``private nonprofit organization''
means an organization--
[(A) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
[(B) that has a voluntary board;
[(C) that has an accounting system, or has
designated a fiscal agent in accordance with
requirements established by the Secretary; and
[(D) that practices nondiscrimination in the
provision of assistance.
[SEC. 442. COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT.
[Section 102(a)(6) of the Housing and Community Development
Act of 1974 is amended in the second sentence by inserting ``or
1984'' after ``fiscal year 1983''.
[SEC. 443. ENVIRONMENTAL REVIEW.
[For purposes of environmental review, assistance and
projects under this title shall be treated as assistance for
special projects that are subject to section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994,
and shall be subject to the regulations issued by the Secretary
to implement such section.
[Subtitle F--Shelter Plus Care Program
[PART I--GENERAL REQUIREMENTS
[SEC. 451. PURPOSE.
[The purpose of the program authorized under this subtitle is
to provide rental housing assistance, in connection with
supportive services funded from sources other than this
subtitle, to homeless persons with disabilities (primarily
persons who are seriously mentally ill, have chronic problems
with alcohol, drugs, or both, or have acquired immunodeficiency
syndrome and related diseases) and the families of such
persons.
[SEC. 452. RENTAL HOUSING ASSISTANCE.
[(a) In General.--The Secretary is authorized, in accordance
with the provisions of this subtitle, to provide rental housing
assistance under parts II, III, IV, and V.
[(b) Funding Limitations.--To the maximum extent practicable,
the Secretary shall reserve not less than 50 percent of all
funds provided under this subtitle for homeless individuals who
are seriously mentally ill or have chronic problems with
alcohol, drugs, or both.
[SEC. 453. SUPPORTIVE SERVICES REQUIREMENTS.
[(a) Matching Funding.--
[(1) In general.--Each recipient shall be required to
supplement the assistance provided under this subtitle
with an equal amount of funds for supportive services
from sources other than this subtitle. Each recipient
shall certify to the Secretary its compliance with this
paragraph, and shall include with the certification a
description of the sources and amounts of such
supplemental funds.
[(2) Determination of matching amounts.--In
calculating the amount of supplemental funds provided
under this subtitle, a recipient may include the value
of any lease on a building, any salary paid to staff to
carry out the program of the recipient, and the value
of the time and services contributed by volunteers to
carry out the program of the recipient at a rate
determined by the Secretary.
[(b) Recapture.--If the supportive services and funding for
the supportive services required by this section are not
provided, the Secretary may recapture any unexpended housing
assistance.
[SEC. 454. APPLICATIONS.
[(a) In General.--An application for rental housing
assistance under this subtitle shall be submitted by an
applicant in such forms and in accordance with such procedures
as the Secretary shall establish.
[(b) Minimum Contents.--The Secretary shall require that an
application identify the need for the assistance in the
community to be served and shall contain at a minimum--
[(1) a request for housing assistance under part II,
III, IV, or V, or a combination, specifying the number
of units requested and the amount of necessary budget
authority;
[(2) a description of the size and characteristics of
the population of eligible persons;
[(3) an identification of the need for the program in
the community to be served;
[(4) the identity of the proposed service provider or
providers (which may be, or include, the applicant) and
a statement of the qualifications of the provider or
providers;
[(5) a description of the supportive services that
the applicant proposes to assure will be available for
eligible persons;
[(6) a description of the resources that are expected
to be made available to provide the supportive services
required by section 453;
[(7) a description of the mechanisms for developing a
housing and supportive services plan for each person
and for monitoring each person's progress in meeting
that plan;
[(8) reasonable assurances satisfactory to the
Secretary that the supportive services will be provided
for the full term of the housing assistance under part
II, III, IV, or V, or a combination; and a
certification from the applicant that it will fund the
supportive services itself if the planned resources do
not become available for any reason;
[(9) a certification by the public official
responsible for submitting the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act that
the proposed activities are consistent with the
approved housing strategy of the unit of general local
government within which housing assistance under this
subtitle will be provided;
[(10) a plan for--
[(A) in the case of rental housing assistance
under part II, or III, providing housing
assistance;
[(B) identifying and selecting eligible
persons to participate, including a proposed
definition of the term ``chronic problems with
alcohol, other drugs, or both'';
[(C) coordinating the provision of housing
assistance and supportive services;
[(D) ensuring that the service providers are
providing supportive services adequate to meet
the needs of the persons served;
[(E) obtaining participation of eligible
persons who have previously not been assisted
under programs designed to assist the homeless
or have been considered not capable of
participation in these programs; this plan
shall specifically address how homeless
persons, as defined in section 103(a)(2)(C),
(and the families of such persons) will be
brought into the program;
[(11) in the case of housing assistance under part V,
identification of the specific structures that the
recipient is proposing for assistance; and
[(12) in the case of housing assistance under part
IV, identification of the nonprofit entity that will be
the owner or lessor of the property, and identification
of the specific structures in which the nonprofit
entity proposes to house eligible persons.
[SEC. 455. SELECTION CRITERIA.
[(a) In General.--The Secretary shall establish selection
criteria for a national competition for assistance under this
subtitle, which shall include--
[(1) the ability of the applicant to develop and
operate the proposed assisted housing and supportive
services program, taking into account the quality of
any ongoing program of the applicant;
[(2) geographic diversity among the projects to be
assisted;
[(3) the need for a program providing housing
assistance and supportive services for eligible persons
in the area to be served;
[(4) the quality of the proposed program for
providing supportive services and housing assistance;
[(5) the extent to which the proposed funding for the
supportive services is or will be available;
[(6) the extent to which the project would meet the
needs of the homeless persons proposed to be served by
the program;
[(7) the extent to which the program integrates
program recipients into the community served by the
program;
[(8) the cost-effectiveness of the proposed program;
and
[(9) such other factors as the Secretary specifies in
regulations to be appropriate for purposes of carrying
out the program established by this subtitle in an
effective and efficient manner.
[(b) Funding Limitation.--No more than 10 percent of the
assistance made available under this subtitle for any fiscal
year may be used for programs located within any one unit of
general local government.
[(c) Participation of Homeless Individuals.--The Secretary
shall, by regulation, require each recipient to provide for the
consultation and participation of not less than one homeless
individual or former homeless individual on the board of
directors or other equivalent policymaking entity of the
recipient, to the extent that such entity considers and makes
policies and decisions regarding any housing assisted under
this subtitle or services for such housing. The Secretary may
grant waivers to recipients unable to meet the requirement
under the preceding sentence if the recipient agrees to
otherwise consult with homeless or formerly homeless
individuals in considering and making such policies and
decisions.
[SEC. 456. REQUIRED AGREEMENTS.
The Secretary may not approve assistance under this subtitle
unless the applicant agrees--
[(1) to operate the proposed program in accordance
with the provisions of this subtitle;
[(2) to conduct an ongoing assessment of the housing
assistance and supportive services required by the
participants in the program;
[(3) to assure the adequate provision of supportive
services to the participants in the program;
[(4) to comply with such other terms and conditions
as the Secretary may establish for purposes of carrying
out the program in an effective and efficient manner;
and
[(5) to the maximum extent practicable, to involve
homeless individuals and families, through employment
volunteer services, or otherwise, in constructing or
rehabilitating housing assisted under this subtitle and
in providing services required under this subtitle.
[SEC. 457. HOUSING STANDARDS AND RENT REASONABLENESS.
[(a) Standards Required.--The Secretary shall require that--
[(1) before any assistance may be provided to or on
behalf of the person, each unit shall be inspected by
the applicant directly or by another entity, including
the local public housing agency, to determine that the
unit meets the housing quality standards under section
8 of the United States Housing Act of 1937 and that the
occupancy charge for the dwelling unit is reasonable;
and
[(2) the recipient shall make at least annual
inspections of each unit during the contract term.
[(b) Prohibition.--No assistance may be provided for a
dwelling unit (1) for which the occupancy charge is not
reasonable, or (2) which fails to meet the housing standards,
unless the owner promptly corrects the deficiency and the
recipient verifies the correction.
[SEC. 458. TENANT RENT.
[Each tenant shall pay as rent an amount determined in
accordance with the provisions of section 3(a)(1) of the United
States Housing Act of 1937.
[SEC. 459. ADMINISTRATIVE FEES.
[From amounts made available under appropriations Acts, the
Secretary shall make amounts available to pay the entity
administering the housing assistance an administrative fee in
an amount determined appropriate by the Secretary for the costs
of administering the housing assistance.
[SEC. 460. OCCUPANCY.
[(a) Occupancy Agreement.--The occupancy agreement between a
tenant and an owner of a dwelling unit assisted under this
subtitle shall be for at least one month.
[(b) Vacancy Payments.--If an eligible person vacates a
dwelling unit assisted under this subtitle before the
expiration of the occupancy agreement, no assistance payment
may be made with respect to the unit after the month that
follows the month during which the unit was vacated, unless it
is occupied by another eligible person.
[SEC. 461. TERMINATION OF ASSISTANCE.
[(a) Authority.--If an eligible individual who receives
assistance under this subtitle violates program requirements,
the recipient may terminate assistance in accordance with the
process established pursuant to subsection (b).
[(b) Procedure.--In terminating assistance under this
section, the recipient shall provide a formal process that
recognizes the rights of individuals receiving such assistance
to due process of law.
[SEC. 462. TERM OF CONTRACT WITH OWNER OR LESSOR.
[An applicant under this subtitle may enter into a contract
with the owner or lessor of a property that receives rental
assistance under this subtitle having a term of not more than
15 years, subject to the availability of sufficient funds
provided in appropriation Acts for the purpose of renewing
expiring contracts for assistance payments. Such contract may,
at the election of the applicant and owner or lessor, specify
that such contract shall be extended for renewal terms of not
more than 15 years each, subject to the availability of
sufficient such appropriated funds.
[SEC. 463. DEFINITIONS.
[For purposes of this subtitle:
[(1) The term ``acquired immunodeficiency syndrome
and related diseases'' has the meaning given such term
in section 853 of the Cranston-Gonzalez National
Affordable Housing Act.
[(2) The term ``applicant'' means a State, unit of
general local government or public housing agency.
[(3) The term ``eligible person'' means a homeless
person with disabilities (primarily persons who are
seriously mentally ill, have chronic problems with
alcohol, drugs, or both, or have acquired
immunodeficiency syndrome and related diseases) and the
family of such a person.
[(5) The term ``nonprofit organization'' has the
meaning given such term by section 104 of the Cranston-
Gonzalez National Affordable Housing Act, and includes
community mental health centers established as public
nonprofit organizations.
[(6) The term ``person with disabilities'' has the
same meaning given the term in section 811 of the
Cranston-Gonzalez National Affordable Housing Act.
[(7) The term ``public housing agency'' has the
meaning given such term in section 3(b)(6) of the
United States Housing Act of 1937.
[(8) The term ``recipient'' means an applicant
approved for participation in the program authorized
under this subtitle.
[(9) The term ``Secretary'' means the Secretary of
Housing and Urban Development.
[(10) The term ``seriously mentally ill'' means
having a severe and persistent mental or emotional
impairment that seriously limits a person's ability to
live independently.
[(11) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, the Trust Territory of
the Pacific Islands, and any other territory or
possession of the United States.
[(12) The term ``supportive services'' means
assistance that the Secretary determines (A) addresses
the special needs of eligible persons; and (B) provides
appropriate services or assists such persons in
obtaining appropriate services, including health care,
mental health services, substance and alcohol abuse
services, child care services, case management
services, counseling, supervision, education, job
training, and other services essential for achieving
and maintaining independent living. Inpatient acute
hospital care shall not qualify as a supportive
service.
[(13) The term ``unit of general local government''
has the meaning given such term in section 102 of the
Housing and Community Development Act of 1974.
[SEC. 464. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--For purposes of the housing programs under
this subtitle, there are authorized to be appropriated
$266,550,000 for fiscal year 1993 and $277,745,100 for fiscal
year 1994. Of any amount appropriated in any fiscal year to
carry out this subtitle--
[(1) not less than 10 percent shall be available only
for carrying out part II of this subtitle;
[(2) not less than 10 percent shall be available only
for carrying out part III of this subtitle;
[(3) not less than 10 percent shall be available only
for carrying out part IV of this subtitle; and
[(4) not less than 10 percent shall be available only
for carrying out part V of this subtitle.
[(b) Availability.--Sums appropriated under this section
shall remain available until expended.
[PART II--TENANT-BASED RENTAL ASSISTANCE
[SEC. 471. AUTHORITY.
[The Secretary may use amounts made available under section
464 to provide tenant-based rental housing assistance for
eligible persons in accordance with this part.
[SEC. 472. HOUSING ASSISTANCE.
[An eligible person on behalf of whom assistance is provided
under this part shall select the unit in which such person will
live using rental assistance under this part; except that where
necessary to assure that the provision of supportive services
to persons is feasible, a recipient may require that a person
participating in the program live (1) in a particular structure
or unit for up to the first year of participation, and (2)
within a particular geographic area for the full period of
participation or the period remaining after the period referred
to in paragraph (1).
[SEC. 473. AMOUNT OF ASSISTANCE.
[The contract with a recipient for assistance under this part
shall be for a term of 5 years. Each contract shall provide
that the recipient shall receive aggregate amounts not to
exceed the appropriate existing housing fair market rent
limitation under section 8(c) of the United States Housing Act
of 1937 in effect at the time the application is approved. At
the option of the recipient and subject to the availability of
such amounts, the recipient may receive in any year (1) up to
25 percent of such amounts or (2) such higher percentage as the
Secretary may approve upon a demonstration satisfactory to the
Secretary that the recipient has entered into firm financial
commitments to ensure that the housing assistance described in
the application will be provided for the full term of the
contract. Any amounts not needed for a year may be used to
increase the amount available in subsequent years.
[PART III--PROJECT-BASED RENTAL ASSISTANCE
[SEC. 476. AUTHORITY.
[The Secretary may use amounts made available under section
464 to provide project-based rental housing assistance for
eligible persons in accordance with this part.
[SEC. 477. HOUSING ASSISTANCE.
[Assistance under this part shall be provided pursuant to a
contract between the recipient and an owner of an existing
structure. The contract shall provide 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.
[SEC. 478. TERM OF CONTRACT AND AMOUNT OF ASSISTANCE.
[(a) Term of Contract.--Each contract with a recipient for
assistance under this part shall be for a term of 5 years, and
the owner shall have an option to renew the assistance for an
additional 5-year term, subject to the availability of amounts
provided in appropriation Acts; except that if an expenditure
of at least $3,000 for each unit (including its prorated share
of work on common areas or systems) is required to make the
structure decent, safe, and sanitary, and the owner agrees to
carry out the rehabilitation with resources other than
assistance under this subtitle within 12 months of notification
of grant approval, the contract shall be for a term of 10
years; except that, in the case of any project for which equity
is provided through any low-income housing tax credit pursuant
to section 42 of the Internal Revenue Code of 1986 (26 U.S.C.
42), if an expenditure of such amount for each unit (including
the prorated share of such work) is required to make the
structure decent, safe, and sanitary, and the owner agrees to
reach initial closing on permanent financing from such other
sources within two years and agrees to carry out the
rehabilitation with resources other than assistance under this
subtitle within 60 months of notification of grant approval,
the contract shall be for a term of 10 years (except that such
period may be extended by up to 1 year by the Secretary, which
extension shall be granted unless the Secretary determines that
the sponsor is primarily responsible for the failure to meet
such deadline).
[(b) Amount of Assistance.--Each contract shall provide that
the recipient shall receive aggregate amounts not to exceed the
appropriate existing housing fair market rental under section
8(c)(1) of the United States Housing Act of 1937 in effect at
the time the application is approved. Any amounts not needed
for a year may be used to increase the amount available in
subsequent years.
[PART IV--SPONSOR-BASED RENTAL ASSISTANCE
[SEC. 481. AUTHORITY.
[The Secretary may use amounts made available under section
464 to provide sponsor-based rental assistance for eligible
persons in accordance with this part.
[SEC. 482. HOUSING ASSISTANCE.
[Assistance under this part shall be provided pursuant to a
contract between the recipient and a private nonprofit sponsor
that owns or leases dwelling units. The contract shall provide
that rental assistance payments shall be made to the sponsor
and that such assisted units shall be occupied by eligible
persons.
[SEC. 483. TERM OF CONTRACT AND AMOUNT OF ASSISTANCE.
[(a) Term of Contract.--The contract with a recipient of
assistance under this part shall be for a term of 5 years.
[(b) Amount of Assistance.--Each contract shall provide that
the recipient shall receive aggregate amounts not to exceed the
appropriate existing housing fair market rental under section
8(c)(1) of the United States Housing Act of 1937 in effect at
the time the application is approved. Any amounts not needed
for a year may be used to increase the amount available in
subsequent years.
[PART V--SECTION 8 MODERATE REHABILITATION ASSISTANCE FOR SINGLE-ROOM
OCCUPANCY DWELLINGS
[SEC. 486. AUTHORITY.
[The Secretary may use amounts made available under section
464 in connection with the moderate rehabilitation of single
room occupancy housing described in section 8(n) of the United
States Housing Act of 1937 for occupancy by eligible persons in
accordance with this part. Amounts available under section 464
may be used in connection with the moderate rehabilitation of
efficiency units if the building owner agrees to pay the
additional cost of rehabilitating and operating the efficiency
units.
[SEC. 487. FIRE AND SAFETY IMPROVEMENTS.
[Each contract for housing assistance payments entered into
under this part shall require the installation of a sprinkler
system that protects all major spaces, hard-wired smoke
detectors, and any other fire safety improvements as may be
required by State or local law. For purposes of this section,
the term ``major spaces'' means hallways, large common areas,
and other areas specified in local fire, building, or safety
codes.
[SEC. 488. CONTRACT REQUIREMENTS.
[Each contract for annual contributions entered into by the
Secretary with a public housing agency to obligate the
authority made available under section 464 for use under this
part shall--
[(1) commit the Secretary to make the authority
available to the public housing agency for an aggregate
period of 10 years, and require that any amendments
increasing the authority shall be available for the
remainder of such 10-year period;
[(2) provide the Secretary with the option to renew
the contract for an additional period of 10 years,
subject to the availability of authority; and
[(3) provide that, notwithstanding any other
provision of law, first priority for occupancy of
housing rehabilitated under this part shall be given to
homeless persons.]
[Subtitle G--Rural Homeless Housing Assistance]
Subtitle D--Rural Housing Stability Assistance Program
SEC. 491. [RURAL HOMELESSNESS GRANT PROGRAM.] RURAL HOUSING STABILITY
GRANT PROGRAM.
(a) Establishment.--The Secretary of Housing and Urban
Development shall establish and carry out a [rural homelessness
grant program] rural housing stability grant program. In
carrying out the program, the Secretary may award grants to
eligible organizations in lieu of grants under subtitle C in
order to pay for the Federal share of the cost of--
[(1) assisting programs providing direct emergency
assistance to homeless individuals and families;
[(2) providing homelessness prevention assistance to
individuals and families at risk of becoming homeless;
and
[(3) assisting individuals and families in obtaining
access to permanent housing and supportive services.]
(1) rehousing or improving the housing situations of
individuals and families who are homeless or at risk of
homelessness in the geographic area;
(2) stabilizing the housing of individuals and
families who are in imminent danger of losing housing;
and
(3) improving the ability of the lowest-income
residents of the community to afford stable housing.
(b) Use of Funds.--
(1) In general.--An eligible organization may use a
grant awarded under subsection (a) to provide, in rural
areas--
(A) * * *
* * * * * * *
[(D) transitional housing;]
(D) construction of new housing units to
provide transitional or permanent housing to
homeless individuals and families and
individuals and families at risk of
homelessness;
(E) acquisition or rehabilitation of a
structure to provide supportive services or to
provide transitional or permanent housing,
other than emergency shelter, to homeless
individuals and families and individuals and
families at risk of homelessness;
(F) leasing of property, or portions of
property, not owned by the recipient or project
sponsor involved, for use in providing
transitional or permanent housing to homeless
individuals and families and individuals and
families at risk of homelessness, or providing
supportive services to such homeless and at-
risk individuals and families;
(G) provision of rental assistance to provide
transitional or permanent housing to homeless
individuals and families and individuals and
families at risk of homelessness, such rental
assistance may include tenant-based or project-
based rental assistance;
(H) payment of operating costs for housing
units assisted under this title;
[(E)] (I) rehabilitation and repairs such as
insulation, window repair, door repair, roof
repair, and repairs that are necessary to make
premises habitable;
[(F)] (J) development of comprehensive and
coordinated support services that use and
supplement, as needed, community networks of
services, including--
(i) * * *
* * * * * * *
[(G)] (K) costs associated with making use of
Federal inventory property programs to house
homeless families, including the program
established under title V of the Stewart B.
McKinney Homeless Assistance Actand the Single
Family Property Disposition Program established
pursuant to section 204(g) of the National
Housing Act.
(2) Capacity building activities.--Not more than 20
percent of the funds [appropriated] transferred under
subsection (l)(1) for a fiscal year may be used by
eligible organizations for capacity building
activities, including payment of operating costs and
staff retention.
(c) Award of Grants.--
(1) Communities with populations of less than
10,000.--
(A) Set aside.--In awarding grants under
subsection (a) for a fiscal year, the Secretary
shall make available not less than 50 percent
of the funds [appropriated] transferred under
subsection (l)(1) for the fiscal year for
grants to eligible organizations serving
communities that have populations of less than
10,000.
* * * * * * *
(3) State limit.--In awarding grants under subsection
(a) for a fiscal year, the Secretary shall not award to
eligible organizations within a State an aggregate sum
of more than 10 percent of the funds [appropriated]
transferred under subsection (l)(1), for the fiscal
year.
(d) Application.--In order to be eligible to receive a grant
under subsection (a), an organization shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. The
application shall include, at a minimum--
(1) * * *
* * * * * * *
(5) an agreement by the organization that the
organization will collect data on the projects
conducted by the organization, including assistance
provided, number and characteristics of persons served,
and causes of homelessness for persons served[; and];
(6) [an agreement by the organization that, to the
maximum extent practicable, the organization will
involve homeless individuals and families] a
description of how individuals and families who are
homeless or who have the lowest incomes in the
community will be involved by the organization through
employment, volunteer services, and otherwise, in
providing, operating, and rehabilitating housing
assisted under this section and in providing services
assisted under this section and services for occupants
of housing assisted under this section[.];
(7) a description of consultations that took place
within the community to ascertain the most important
uses for funding under this section, including the
involvement of potential beneficiaries of the project;
and
(8) a description of the extent and nature of
homelessness and of the worst housing situations in the
community.
* * * * * * *
[(f) Federal Share.--
[(1) In general.--The Federal share of the costs of
providing assistance under this section shall be 75
percent.
[(2) Non-federal share.--The non-Federal share of the
cost of providing the assistance shall be in cash or in
kind, fairly evaluated, including plant, equipment,
staff services, or services delivered by volunteers.
[(g) Participation of Homeless Individuals.--The Secretary
shall, by regulation, require each eligible organization
receiving a grant under this section to provide for the
participation of not less than 1 homeless individual or former
homeless individual on the board of directors or other
equivalent policy making entity of the recipient, to the extent
that such entity considers and makes policies and decisions
regarding any housing, services, or other assistance of the
eligible organization receiving the grant under this section.
The Secretary may grant waivers to recipients unable to meet
the requirement under the preceding sentence if the recipient
agrees to otherwise consult with homeless or formerly homeless
individuals in considering and making such policies and
decisions.]
(f) Matching Funding.--
(1) In general.--An organization eligible to receive
a grant under subsection (a) shall specify matching
contributions from any source other than a grant
awarded under this subtitle, that shall be made
available in the geographic area in an amount equal to
not less than 25 percent of the funds provided to
recipients in the geographic area, except that grants
for leasing shall not be subject to any match
requirement.
(2) Limitations on in-kind match.--The cash value of
services provided to the beneficiaries or clients of an
eligible organization by an entity other than the
organization may count toward the contributions in
paragraph (1) only when documented by a memorandum of
understanding between the organization and the other
entity that such services will be provided.
(3) Countable activities.--The contributions required
under paragraph (1) may consist of--
(A) funding for any eligible activity
described under subsection (b); and
(B) subject to paragraph (2), in-kind
provision of services of any eligible activity
described under subsection (b).
(g) Selection Criteria.--The Secretary shall establish
criteria for selecting recipients of grants under subsection
(a), including--
(1) the participation of potential beneficiaries of
the project in assessing the need for, and importance
of, the project in the community;
(2) the degree to which the project addresses the
most harmful housing situations present in the
community;
(3) the degree of collaboration with others in the
community to meet the goals described in subsection
(a);
(4) the performance of the organization in improving
housing situations, taking account of the severity of
barriers of individuals and families served by the
organization;
(5) for organizations that have previously received
funding under this section, the extent of improvement
in homelessness and the worst housing situations in the
community since such funding began;
(6) the need for such funds, as determined by the
formula established under section 427(b)(2); and
(7) any other relevant criteria as determined by the
Secretary.
(h) Evaluation.--
(1) In general.--[The] Not later than 18 months after
funding is first made available pursuant to the
amendments made by title IV of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008,
the Secretary shall conduct an evaluation of the
program to--
(A) determine the effectiveness of the
program in [providing housing and other
assistance to homeless persons] meeting the
goals described in subsection (a) in the area
served; and
(B) determine the types of assistance needed
to [address homelessness in rural areas] meet
the goals described in subsection (a) in rural
areas.
(2) Report.--[The] Not later than 24 months after
funding is first made available pursuant to the
amendment made by title IV of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2008,
the Secretary shall submit to Congress[, not later than
18 months after the date on which the Secretary first
makes grants under the program,] the evaluation of the
program conducted under paragraph (1), including
recommendations for any Federal administrative or
legislative changes that may be necessary to improve
the ability of rural communities to [prevent and
respond to homelessness] meet the goals described in
subsection (a).
* * * * * * *
(k) Definitions.--
(1) Program.--The term ``program'' means the [rural
homelessness grant program] rural housing stability
grant program established under this section.
(2) Rural area; rural community.--The terms ``rural
area'' and ``rural community'' mean--
(A) * * *
(B) any area or community, respectively, that
is--
(i) * * *
(ii) located in a [rural census
tract] census tract where at least 75
percent of the population is rural.
* * * * * * *
(l) [Authorization of Appropriations] Program Funding.--
[(1) In general.--There are authorized to be
appropriated to carry out this section $30,000,000 for
fiscal year 1993 and $31,260,000 for fiscal year 1994.]
(1) In general.--The Secretary shall determine the
total amount of funding attributable under section
427(b)(2) to meet the needs of any geographic area in
the Nation that applies for funding under this section.
The Secretary shall transfer any amounts determined
under this subsection from the Community Homeless
Assistance Program and consolidate such transferred
amounts for grants under this section, except that the
Secretary shall transfer an amount not less than 5
percent of the amount available under this subtitle for
grants under this section.
* * * * * * *
(m) Division of Funds.--
(1) Agreement among geographic areas.--If the
Secretary receives an application or applications to
provide services in a geographic area under this
subtitle, and also under subtitle C, the Secretary
shall consult with all applicants from the geographic
area to determine whether all agree to proceed under
either this subtitle or under subtitle C.
(2) Default if no agreement.--If no agreement is
reached under paragraph (1), the Secretary shall
proceed under this subtitle or under subtitle C,
depending on which results in the largest total grant
funding to the geographic area.
* * * * * * *
ADDITIONAL VIEWS
The undersigned Members of the Committee acknowledge the
significant work that the Chairman, Ranking Member, and other
Members and staff have done to address many of the concerns we
raised about addressing the needs of homeless unaccompanied
youth, children, and their families in H.R. 840, a bill
introduced by the late Rep. Julia Carson as well as Rep. Geoff
Davis.
There are inconsistencies in the definition of homeless for
programs administered by the Department of Housing and Urban
Development (HUD) as compared to those administered by the
Departments of Education, Justice, and Human Services. In the
education section of the McKinney-Vento Homeless Assistance
Act, the Individuals with Disabilities Education Act (IDEA),
and the Head Start Act, the same homeless definition is used.
The Runaway and Homeless Youth Act program uses a similar
definition. However, the housing component of the McKinney-
Vento Homeless Assistance Act uses a different definition,
which excludes a majority of the unaccompanied youth, children,
and families recognized as homeless by non-HUD federal homeless
programs.
As a result, hundreds of thousands of homeless students,
homeless and disabled children, homeless infants, and homeless
children running away from domestic violence, unsafe housing,
or unstable living conditions are denied HUD homeless housing
and services.
Several witnesses, including Dr. Ellen Bassuk, an Associate
Professor of Psychiatry at Harvard Medical School, testified
before our Committee that many homeless children who are
currently excluded from HUD's homeless definition are prone to
health and developmental problems. Dr. Bassuk said that there
is documented evidence that almost 90 percent of homeless
families end up doubled-up, which results in severe
overcrowding and dangerous situations. The homeless children in
these families are at significant risk of physical and sexual
abuse, have seen people shot and killed, or have had their own
lives threatened. Highly mobile homeless students suffer
academically, are less likely to graduate, are sick more than
the average child, and are more likely to have behavior
problems.
Homelessness among children is only becoming more
pervasive. A study conducted by First Focus and the Brookings
Institute determined that almost 2 million children will be
affected by the foreclosure crises. Many of these children will
become homeless, but, tragically, they will not qualify for HUD
homeless housing assistance or services.
H.R. 840, as introduced, would reconcile the definitions of
homeless used among HUD and the other federal programs that
serve homeless unaccompanied youth, children, and families. In
addition, as introduced, the bill would recognize as homeless
many individuals and families that are not recognized as
homeless by these other federal programs.
For many months, we have worked with Members of the
Committee, staff, and government and non-government
organizations representing various homeless constituencies to
craft a new HUD definition of homeless that would allow
homeless unaccompanied youth, children, and their families
served by other federal programs to also be recognized by HUD
as homeless and therefore qualify for HUD homeless housing and
services.
On July, 31, 2008, during the Committee's consideration of
H.R. 840, Rep. Biggert and Rep. Davis offered an amendment to
allow all children and youth considered homeless by four other
federal programs to be considered homeless by HUD. They
withdrew the amendment because of an agreement with the
Chairman that they would: (1) continue to work on language to
amend HUD's definition of homeless as the bill moved out of
Committee toward full House consideration; and (2) send a joint
letter requesting that GAO examine the issue of homeless
definition discrepancies and related matters.
Between July 31, 2008 and today, we and our staff have
worked with the Chairman and Housing and Community Opportunity
Subcommittee Chairwoman Waters, Education and Labor Committee
Chairman Miller and Ranking Member McKeon, and their staff on a
letter to GAO and new language to expand HUD's definition of
homeless to include more homeless unaccompanied youth,
children, and their families.
On September 23, 2008, we joined the above-mentioned
Members and sent a letter to GAO. In recent days, we offered
language to Senate and House Members and staff negotiating the
final language of H.R. 840 and S. 1518 to include homeless
children, unaccompanied youth, and their families in HUD's
definition of homeless. We are pleased that Senate and House
Members have agreed to include the following language as part
of HUD's definition of homeless:
Unaccompanied youth and homeless families with children and
youth defined as homeless under other Federal statutes who--
(A) have experienced a long term period without living
independently in permanent housing,
(B) have experienced persistent instability as measured by
frequent moves over such period, and
(C) can be expected to continue in such status for an
extended period of time because of chronic disabilities,
chronic physical health or mental health conditions, substance
addiction, histories of domestic violence or childhood abuse,
the presence of a child or youth with a disability, or multiple
barriers to employment.
It is our hope that by expanding HUD's definition of
homeless in this way, local, homeless service providers will
have the flexibility to provide homeless housing and services
to unaccompanied youth and children in involuntary and unstable
shared living arrangements, such as those living temporarily in
motels or hotels or ``couch surfing'' from house to house. The
ultimate goal is to break the cycle of poverty, violence, and
homelessness in our country by providing homeless unaccompanied
youth and children with the opportunity to qualify for safe and
stable housing so that they have a better chance of being
healthy, performing better in school, and having a chance for a
brighter future.
Judy Biggert.
Geoff Davis.
Shelley Moore Capito.