Bringing America Home Act - Declares that it is a national goal to fulfill the basic human need of shelter by ending homelessness in the United States.
Establishes in the Treasury the National Affordable Housing Trust Fund.
Sets forth provisions with respect to: (1) incremental rental assistance; (2) housing program funding; (3) rural housing and economic development; and (4) veterans homeless comprehensive services programs.
Federal Homelessness to Housing Mutual Mortgage Association Act - Establishes the Federal Hopelessness to Housing Mutual Mortgage Association (Hollie Mae) which may develop mutual housing (generally, a nonprofit cooperative ownership housing association) that is affordable for low-income individuals and families.
Provides for: (1) use of federal property to assist the homeless; (2) preservation of HOPE VI public housing units; and (3) establishment of an Emergency Rent Relief Fund.
Amends the Internal Revenue Code to establish a temporary ex-offender low-income housing credit.
Revises assistance provisions under the McKinney-Vento Homeless Assistance Act, including establishing a continuum of care program.
Expresses the sense of Congress respecting the need to expand Medicaid and keep it affordable to beneficiaries.
Authorizes appropriations, and sets forth program provisions, for mental health, substance abuse, and homelessness programs.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4347 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4347
To end homelessness in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2005
Ms. Carson (for herself, Mr. Conyers, Ms. Lee, Mr. Kucinich, Mr.
Capuano, Ms. Woolsey, Mr. Payne, Mr. McDermott, Mr. Sanders, and Mr.
Gutierrez) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committees on
Agriculture, Energy and Commerce, Education and the Workforce,
Government Reform, Veterans' Affairs, and Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To end homelessness in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bringing America
Home Act''.
(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 purpose.
TITLE I--RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT
Sec. 101. Recognition by societies, faiths, and organizations.
Sec. 102. Establishment of goal to end homelessness.
TITLE II--HOUSING SECURITY
Sec. 201. Congressional findings.
Subtitle A--Authorizations of Appropriations for Housing Programs
Sec. 221. National Affordable Housing Trust Fund.
Sec. 222. Incremental rental assistance for 1,500,000 families.
Sec. 223. Funding for HUD housing programs.
Sec. 224. HUD rural housing and economic development program.
Sec. 225. Rural housing programs.
Sec. 226. Department of Veterans Affairs homeless comprehensive
services programs.
Subtitle B--Federal Homelessness to Housing Mutual Mortgage Association
Sec. 231. Short title and statement of purpose.
Sec. 232. Establishment.
Sec. 233. Powers and authorities.
Sec. 234. Mutual housing operations.
Sec. 235. Financing.
Sec. 236. Relationship with other programs.
Sec. 237. Oversight.
Sec. 238. Protection of name.
Sec. 239. Definitions.
Sec. 240. Territorial applicability.
Subtitle C--Use of Federal Surplus Property to Assist the Homeless
Sec. 271. Use of Federal surplus property to assist the homeless.
TITLE III--HOMELESS INTERVENTION AND PREVENTION
Sec. 301. Preservation of public housing dwelling units under hope VI.
Sec. 302. Right to new units of individuals and families displaced by
hope VI projects.
Sec. 303. Policies regarding homeless individuals and families in
federally funded facilities.
Sec. 304. Establishment of Emergency Rent Relief Fund.
Sec. 305. Income exemptions.
Sec. 306. Post office box and general delivery service for persons with
no fixed address.
Sec. 307. Temporary ex-offender low-income housing credit.
Sec. 308. Escrow of tenant rent in cases of owner failure to maintain
units assisted under Section 8 rental
assistance program.
Sec. 309. Sense of Congress regarding local ordinances that
disadvantage homeless persons.
TITLE IV--ASSISTANCE UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
Sec. 401. Congressional purposes.
Sec. 402. Definition of homeless individual.
Subtitle A--Housing Assistance General Provisions
Sec. 411. Definitions.
Sec. 412. Community homeless assistance planning boards.
Sec. 413. Technical assistance and performance reports.
Sec. 414. Authorization of appropriations.
Subtitle B--Emergency Shelter Grants Program
Sec. 421. Grant assistance.
Sec. 422. Amount and allocation of assistance.
Sec. 423. Eligible activities.
Sec. 424. Repeals.
Subtitle C--Continuum of Care Program
Sec. 431. Continuum of care.
Sec. 432. Eligible activities.
Sec. 433. Program requirements.
Sec. 434. Allocation amounts and funding.
Subtitle D--Repeals and Conforming Amendments
Sec. 441. Repeals.
Sec. 442. Conforming amendments.
Sec. 443. Amendment to table of contents.
TITLE V--HEALTH SECURITY
Subtitle A--General Provisions
Sec. 501. Findings; Sense of Congress.
Sec. 502. Sense of Congress regarding Medicaid expansion.
Sec. 503. Authorizations of appropriations for certain programs.
Subtitle B--Substance Abuse and Mental Health Services Administration
Part 1--MAINSTREAsubpart a--discharge planning SERVICES PROGRAMS
Sec. 511. Aversubpart b--provision of appropriate services
Sec. 516. Application of knowledge development findings to service
subpart c--grantee planning, reporting, and capacity-building
Sec. 521. Expansion of participation in grantee planning.
Sec. 522. Documentation of needs of and establishing priorities for
subpart d--designation of persons experiencing homelessness as priority
population
Sec. 526. Requiring grantees to direct funds to persons experiencing
homelessness.
Sec. 527. Prioritization of services for runaway, homeless, and street
youth.
Sec. 528. Definition of runaway, homeless, and street youth as high
subpart e--federal program management
Sec. 531. Establishment of Federal plan on addiction, mental illness,
and homelessness.
Parsubpart a--reauthorize, rename, and strengthen the grants for the MS
benefit of homeless individuals program
Sec. 541. Treatment and recovery initiative for persons experiencing
subpart b--reauthorize and strengthen the projects for assistance in
transition from homelessness (path) program
Sec. 551. Expansion of required scope of services of PATH providers.
Sec. 552. Encouragement of States to utilize Health Care for the
homeless projects as PATH providers.
Sec. 553. State descriptions of resource allocation process.
Sec. 554. Federal report on PATH and homeless grant programs.
Sec. 555. Clarification of target populations provision of PATH
statute.
Subtitle C--Amendments Regarding Ryan White Comprehensive AIDS
Resources Emergency Act of 1990
Part 1--DISCHARGE PLANNING
Sec. 561. Averting RWCA patient discharge into homelessness.
Part 2--PROVISION OF APPROPRIATE SERVICES
Sec. 566. Amplification of scope of RWCA services.
Sec. 567. Application of knowledge development findings to service
delivery.
Part 3--GRANTEE PLANNING, REPORTING, AND CAPACITY BUILDING
Sec. 571. Expansion of participation in grantee and contractor
planning.
Sec. 572. Development of knowledge to strengthen providers' capacity to
offer homeless-competent services.
Part 4--DESIGNATION OF HOMELESS PERSONS AS PRIORITY POPULATION
Sec. 576. Priority for persons experiencing homelessness.
Part 5--FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS
Sec. 581. Federal plan on HIV/AIDS and homelessness.
TITLE VI--ECONOMIC SECURITY
Sec. 601. Sense of Congress regarding right to a living income.
Sec. 602. Availability of food stamp benefits to individuals who are
homeless.
Sec. 603. Amendments to Workforce Investment Act.
Sec. 604. Homebuild program for affordable housing construction and
apprenticeship.
Sec. 605. Department of Labor apprenticeship program for working people
experiencing homelessness.
Sec. 606. Day laborer fairness and protection.
Sec. 607. Social Security Administration outreach to homeless persons.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) lack of affordable housing results in homelessness;
(2) lack of consumer protections result in homelessness;
(3) lack of access to health care results in homelessness;
(4) lack of employment and wages commensurate with those in
the local market results in homelessness;
(5) lack of education results in homelessness;
(6) homelessness offends the conscience of our Nation;
(7) according to the United States Department of Housing
and Urban Development, approximately 5 million households
experience ``worst-case'' housing needs;
(8) as of the date of the introduction of this bill, in no
town, city, or State in our Nation can an individual or family
working full time at minimum wage, or receiving assistance
under the Supplemental Security Income program or under the
program for Temporary Assistance for Needy Families, afford a
one- or two-bedroom apartment at the fair market rental rate
established by the Department of Housing and Urban Development;
(9) the Millennial Housing Commission reported that
28,000,000 households in the United States spent more than 30
percent their income on housing, and one in eight low-income
working families earning minimum wage have to spend more than
half their income on housing;
(10) 42 percent of adults residing in homeless shelters
across the United States are working;
(11) 24 percent of clients of homeless shelters report they
have needed medical attention in the past year but were unable
to get it and 46 percent of such clients could not get access
to a dentist when one was needed;
(12) 55 percent of people experiencing homelessness in the
United States have neither public nor private health insurance;
(13) of the homeless individuals who suffer mental illness,
it is estimated that only 5 to 7 percent require some form of
institutionalization and the rest could live productively with
proper assistance;
(14) millions of Americans can not find work that pays a
livable wage or can not find work at all and, therefore, cannot
afford housing at market rent levels;
(15) lack of affordable housing near job opportunities
makes it difficult for poor parents to find and retain
employment;
(16) families without stable housing typically have to move
often, making job retention difficult and forcing their
children to change schools frequently;
(17) at least 3,500,000 persons are likely to experience
homelessness during a year in the United States, 39 percent of
which are children; and
(18) in its ``Status Report on Hunger and Homelessness in
America's Cities'', the United States Conference of Mayors
reports that requests for shelter by families with children
went unmet 32 percent of the time in 2004.
(b) Purpose.--The purpose of this Act is to end homelessness in the
United States.
TITLE I--RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT
SEC. 101. RECOGNITION BY SOCIETIES, FAITHS, AND ORGANIZATIONS.
The Congress hereby acknowledges that the housing has been
recognized as a basic human right by many and varied--
(1) religious and faith organizations;
(2) States, cities, and counties;
(3) national and local organizations;
(4) international organizations, including the United
Nations through its Declaration of Human Rights.
SEC. 102. ESTABLISHMENT OF GOAL TO END HOMELESSNESS.
The Congress hereby declares that--
(1) the Declaration of Independence identifies the rights
of life, liberty, and the pursuit of happiness as among the
unalienable rights with which all are endowed;
(2) the exercise of such rights is contingent upon the
fulfillment of basic needs crucial for the proper development
of human life: food, clothing, shelter, medical care, work, and
rest; and
(3) it is a National goal to act in concord with the
aforementioned rights and fulfill the basic human need of
shelter by ending homelessness in the United States and to
provide the security of a home for all people.
TITLE II--HOUSING SECURITY
SEC. 201. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) a rapid decrease in the availability of affordable
housing has led to an increase in homelessness in recent years,
even for working families;
(2) high market-rate housing costs have left many families
with little, if any, income to pay additional employment-
related expenses such as transportation, child care, or
clothing; and
(3) each year 90,000 affordable housing units are lost due
to demolition or sale of public housing and housing assisted
with project-based rental assistance under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f).
Subtitle A--Authorizations of Appropriations for Housing Programs
SEC. 221. NATIONAL AFFORDABLE HOUSING TRUST FUND.
(a) In General.--Title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle G--National Affordable Housing Trust Fund
``SEC. 291. PURPOSES.
``The purposes of this subtitle are--
``(1) to fill the growing gap in the national ability to
build affordable housing by using profits generated by Federal
housing programs to fund additional housing activities, without
supplanting existing housing appropriations;
``(2) to enable rental housing to be built, for families
with the greatest economic need, in mixed-income settings and
in areas with the greatest economic opportunities;
``(3) to promote homeownership for low-income families; and
``(4) to produce, rehabilitate, and preserve at least
1,500,000 affordable dwelling units over the next decade.
``SEC. 292. TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the National Affordable
Housing Trust Fund, which shall be available as provided in this
subtitle for assisting the development, rehabilitation, and
preservation of affordable housing.
``(b) Deposits to Trust Fund.--For fiscal year 2007 and each fiscal
year thereafter, there shall be appropriated to the Trust Fund such
sums as may be necessary.
``(c) Expenditures From Trust Fund.--For fiscal year 2007 and each
fiscal year thereafter, amounts appropriated to the Trust Fund for each
such fiscal year shall be available to the Secretary of Housing and
Urban Development for providing assistance under this subtitle.
``SEC. 293. ALLOCATIONS FOR STATES AND PARTICIPATING LOCAL
JURISDICTIONS.
``The Secretary shall use the total amount made available under
section 292(c) to the Secretary from the Trust Fund for such fiscal
year to provide assistance under this subtitle for the States and
participating local jurisdictions. Of such total amount, the Secretary
shall allocate 40 percent for States for use under section 294 and 60
percent for participating local jurisdictions for use under section
294.
``SEC. 294. ASSISTANCE FROM TRUST FUND.
``(a) Affordable Housing Needs Formula.--The Secretary shall
establish a formula to allocate assistance under this subtitle among
eligible recipients based on the relative need of the eligible
recipient, among other eligible recipients that are States or
participating local jurisdictions, as appropriate, to increase the
supply of decent quality affordable housing. The formula shall be based
upon a comparison of the following factors for each eligible recipient:
``(1) The percentage of families in the jurisdiction of the
eligible recipient that live in substandard housing.
``(2) The percentage of families in the jurisdiction of the
eligible recipient that pay more than 50 percent of their
annual income for housing costs.
``(3) The percentage of persons in the jurisdiction of the
eligible recipient having an income at or below the poverty
line.
``(4) The cost of developing or carrying out rehabilitation
of housing in the jurisdiction of the eligible recipient.
``(5) In the case of an eligible recipient that is a State,
the percentage of the population of the eligible recipient that
resides in counties having extremely low vacancy rates.
``(6) The percentage of housing stock in the jurisdiction
of the eligible recipient that is extremely old housing.
``(7) Any other factors that the Secretary determines to be
appropriate.
``(b) Formula Amount.--
``(1) In general.--For fiscal year 2007 and each fiscal
year thereafter, the Secretary shall determine the formula
amount under this subsection for each eligible recipient.
``(2) States.--The formula amount for each State shall be
the amount determined for such State by applying the formula
under subsection (a) to the total amount allocated under
section 293 for all States for the fiscal year.
``(3) Participating local jurisdictions.--The formula
amount for each participating local jurisdiction shall be the
amount determined for such participating local jurisdiction by
applying the formula under subsection (a) to the total amount
allocated under section 293 for all participating local
jurisdictions for the fiscal year.
``(c) Allocation Amount.--The allocation under this subsection for
a State or local participating jurisdiction for a fiscal year shall be
determined as follows:
``(1) States.--In the case of a State:
``(A) Minimum amount.--If the formula amount
determined under subsection (b) for the State for the
fiscal year is less than 1 percent of the total amount
made available under section 292(c) for such fiscal
year, the allocation for the State shall be 1 percent
of such amount.
``(B) Formula amount.--If the formula amount
determined under subsection (b) for the State for the
fiscal year is 1 percent or more of the total amount
made available under section 292(c) for such fiscal
year, the allocation for the State shall be the formula
amount for the State, except that the Secretary shall
reduce such formula amounts for all States whose
allocations are determined under this paragraph on a
pro rata basis by the amount necessary to account for
any increases from the formula amount for allocations
made under paragraph (1) of this subsection so that the
total of the allocations for all States is equal to the
amount of the allocation under section 293 for States.
``(2) Participating local jurisdictions.--The allocation
for each eligible participating local jurisdiction shall be the
formula amount for the eligible jurisdiction determined under
subsection (b).
``(d) Grant Awards.--For fiscal year 2007 and each fiscal year
thereafter, using the amounts made available to the Secretary from the
Trust Fund for such fiscal year under section 292(c), the Secretary
shall make a grant to each eligible recipient in the lesser of the
following amounts:
``(1) Full allocation.--The amount of the allocation under
subsection (c) for the eligible recipient.
``(2) 4 times matching contribution.--The amount that is
equal to 4 times the amount of funds provided in cash, in-kind
contributions, or other eligible amounts by the eligible
recipient from non-Federal sources for use only as provided in
subsection (e)(2).
``(e) Matching Contribution.--
``(1) Eligible amounts.--For purposes of subsection (d)(2),
only the following amounts shall be considered other eligible
amounts from non-Federal sources:
``(A) Low-income housing tax credits.--50 percent
of funds allocable to tax credits allocated under
section 42 of the Internal Revenue Code of 1986.
``(B) Mortgage bond revenue.--50 percent of revenue
from mortgage revenue bonds issued under section 143 of
such Code.
``(C) Tax exempt bonds proceeds.--50 percent of
proceeds from the sale of tax exempt bonds.
``(D) CDBG program amounts.--50 percent of grant
amounts received under the community development block
grant program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et
seq.).
``(E) HOME program amounts.--50 percent of funds
received under the HOME investment partnerships program
under subtitles A through F of this title.
``(F) Project-based voucher assistance.--50 percent
of funds used each year pursuant to paragraph (13) of
section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(13)) for the duration of the
applicable housing assistance payments contract.
``(G) Temporary assistance for needy families.--
Federal, State, and local funds provided under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.).
``(H) Rural housing assistance.--50 percent of
amounts received under title V of the Housing Act of
1949 (42 U.S.C. 1471 et seq.).
``(I) Veterans administration homeless providers
grant and per diem program.--50 percent of amounts
received under the comprehensive service programs for
homeless veterans under subchapter II of chapter 20 of
title 38, United States Code (including providers
grants under section 2011 of such subchapter and per
diem under section 2012 of such subchapter).
``(J) General state revenue.--Any other State or
unit of general local government revenue that is not
derived from Federal sources, including any State tax
revenue.
``(2) Use of matching amounts.--Use of amounts as provided
in this paragraph shall be used only for--
``(A) eligible activities relating to affordable
housing; or
``(B) eligible activities relating to a project not
less than 50 percent of the dwelling units of which
qualify as affordable housing.
``(3) Certification.--The Secretary shall require eligible
recipients to certify to the Secretary the amount of funds from
non-Federal sources provided for purposes of subsection (d)(2).
``(f) Grants for Ineligible Recipients and Recipients With
Insufficient Matching Contributions.--
``(1) Available amounts.--For a fiscal year, the following
amounts shall be available for grants under this subsection:
``(A) Allocation for ineligible recipient.--With
respect to each ineligible recipient, the amount of the
allocation for the State or participating local
jurisdiction for such fiscal year determined under
subsection (c).
``(B) Unmatched portion of allocation.--With
respect to any eligible recipient for which the amount
of the grant assistance for such fiscal year is
determined under subsection (d)(2), the amount by which
the allocation determined under subsection (c) for the
eligible recipient for the fiscal year exceeds the
grant assistance for the eligible recipient for the
fiscal year.
``(2) Notice.--For each fiscal year, not later than 60 days
after the date that the Secretary determines that the amounts
described in paragraph (1) shall be available for grants under
this subsection, the Secretary shall cause to be published in
the Federal Register a notice that such amounts shall be so
available.
``(3) Applications.--The Secretary shall provide for
nonprofit and public entities (and consortia thereof, which may
include units of local government working together on a
regional basis) to submit applications, during the 9-month
period beginning upon publication of a notice of funding
availability under paragraph (2), for a grant of all or a
portion of the amounts referred to in paragraph (1). Such an
application shall include--
``(A) a certification that the applicant will
provide supplemental amounts in accordance with
paragraph (5)(B)(i); and
``(B) an allocation plan described in paragraph
(5)(B)(ii).
``(4) Selection criteria.--The Secretary shall, by
regulation, establish criteria for selecting applicants that
meet the requirements of paragraph (3) for funding under this
subsection. Such criteria shall give priority to applications
that provide that grant amounts under this subsection will be
used for eligible activities relating to affordable housing
that is located in the State for which such grant funds were
originally allocated under subsection (c).
``(5) Award and use of grant assistance.--
``(A) Award of grants.--Subject only to the absence
of applications meeting the requirements of paragraph
(3), upon the expiration of the period referred to in
such paragraph, the Secretary shall select an applicant
or applicants under this subsection to receive the
amounts available under paragraph (1) and shall make a
grant or grants to such applicant or applicants. The
selection shall be based upon the criteria established
under paragraph (4).
``(B) Grant requirements.--Grant assistance under
this subsection shall be subject to the following
requirements:
``(i) Matching amounts.--The grantee shall
supplement any grant amounts received under
this subsection with an amount equal to 25
percent of such grant amounts.
``(ii) Use.--Grant amounts received under
this subsection shall be used in accordance
with an allocation plan that meets the
requirements of section 295(e) and provides
that any assistance provided to the applicant
under this subsection, and any supplemental
amounts provided by the applicant pursuant to
clause (i), shall be used only to carry out
eligible activities.
``SEC. 295. USE OF ASSISTANCE BY RECIPIENTS.
``(a) Distribution to Eligible Entities.--Each eligible recipient
that receives a grant under this subtitle shall distribute the grant
amounts (excluding any amounts used under subsection (b)) to eligible
entities for use by such entities only for eligible activities in the
jurisdiction of the eligible recipient, as follows:
``(1) Use for rental housing for extremely low-income
families.--Not less than 50 percent of such amounts shall be
distributed for use only for eligible activities relating to
affordable housing in the jurisdiction of the eligible
recipient that is available for rental by families (as such
term is defined in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b))) whose incomes do not exceed
30 percent of the greater of--
``(A) the median family income for the area in
which the housing is located, as determined by the
Secretary with adjustments for smaller and larger
families; and
``(B) the median family income for the State in
which the housing is located, as determined by the
Secretary with adjustments for smaller and larger
families.
Such rental housing shall include limited equity cooperative
housing, as such term is defined in section 143(k) of the
Internal Revenue Code of 1986 (26 U.S.C 143(k)).
``(2) Use for rental housing for minimum wage-income
families.--Not less than 40 percent of such amounts shall be
distributed for use only for eligible activities relating to
affordable housing in the jurisdiction of the eligible
recipient that is available for rental by families (as such
term is defined in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b))) whose incomes do not exceed
the amount earned by one individual who is employed on a full-
time basis in a position that pays the greater of--
``(A) the Federal minimum wage under section
6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)); and
``(B) the minimum wage under the laws of the State
in which the housing is located.
Such rental housing shall include limited equity cooperative
housing, as such term is defined in section 143(k) of the
Internal Revenue Code of 1986 (26 U.S.C 143(k)).
``(3) Use for rental housing or homeownership assistance
for low-income families.--Not more than 25 percent of such
amounts shall be distributed for use only for eligible
activities relating to affordable housing in the jurisdiction
of the eligible recipient that is available for rental by
families (as such term is defined in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b))) whose incomes
do not exceed 80 percent of the greater of--
``(A) the median family income for the area in
which the housing is located, as determined by the
Secretary with adjustments for smaller and larger
families, and
``(B) the median family income for the State in
which the housing is located, as determined by the
Secretary with adjustments for smaller and larger
families,
or for homeownership assistance for such families in the
jurisdiction of the eligible recipient. Such rental housing and
homes for homeownership shall include housing of a cooperative
housing corporation, as such term is defined in section 216(b)
of the Internal Revenue Code of 1986 (26 U.S.C 216(b)).
``(b) Operating Assistance for Nonprofit Housing Development
Organizations.--An eligible entity that receives a grant under this
subtitle may use not more than 10 percent of such grant amounts to
provide assistance to nonprofit organizations involved in the
development, rehabilitation, or preservation of affordable rental
housing for payment of operating costs of such organizations. Such
nonprofit organizations shall include community housing development
organizations (as such term is defined in section 104 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12704)), community
development financial institutions (as such term is defined in section
103 of the Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4702)), community development corporations (as such
term is defined in section 31131 of the National Community Economic
Partnership Act of 1994 (42 U.S.C. 13851)), and community-based
development organizations.
``(c) Cost Limits.--The Secretary shall establish limitations on
the amount of grant amounts that may be used, on a per unit basis, for
eligible activities. Such limitations shall be the same as the per unit
cost limits established pursuant to section 212(e) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12742(e)), as
adjusted annually, and established by number of bedrooms, market area,
and eligible activity.
``(d) Eligible Recipients.--With respect to a fiscal year, a State
or participating local jurisdiction shall be an eligible recipient for
purposes of this subtitle for such fiscal year only if the State or
participating local jurisdiction has established an allocation plan
that has been submitted to the Secretary and reviewed and approved by
the Secretary as in accordance with subsection (e). The Secretary may
disapprove an allocation plan only if the plan fails to comply with
requirements set forth in this section.
``(e) Allocation Plan.--
``(1) In general.--An allocation plan in accordance with
this subsection is a plan, established by a State or
participating local jurisdiction, as appropriate, for a fiscal
year, for the distribution of grant amounts provided to the
State or participating local jurisdiction under this subtitle
for such fiscal year that is based on priority housing needs,
as determined by the State or participating local jurisdiction.
``(2) Establishment.--In establishing an allocation plan,
the State or participating local jurisdiction shall notify the
public of the establishment of the plan, provide an opportunity
for public comments regarding the plan, consider any public
comments received, and make the completed plan available to the
public.
``(3) Contents.--An allocation plan of a State or
participating local jurisdiction shall include the following
information:
``(A) Application requirements for eligible
entities and subrecipients.--The allocation plan shall
set forth the requirements for eligible entities and
eligible subrecipients to apply to receive assistance
from grant amounts under this subtitle, including a
requirement that each such application include--
``(i) a description of the eligible
activities to be conducted using such
assistance; and
``(ii) a certification by the applicant
that any housing units assisted with such
assistance will comply with the requirements
under--
``(I) section 296(1)(A) (relating
to rents charged);
``(II) section 296(1)(B) (relating
to tenant rent contribution);
``(III) section 296(1)(C) (relating
to availability of units for voucher
holders);
``(IV) section 296(1)(D) (relating
to use as affordable housing for 50
years);
``(V) section 296(1)(E) (relating
to mixed income); and
``(VI) section 808(d) of the Fair
Housing Act (relating to the obligation
to affirmatively further fair housing).
``(B) Selection and preference criteria for
eligible entities and subrecipients.--The allocation
plan shall set forth the factors for consideration in
selecting among applicants that meet the application
requirements set forth pursuant to subparagraph (A),
which shall give preference to applicants based on--
``(i) the amount of assistance leveraged by
the applicant from private and other non-
Federal sources for carrying out the eligible
activities to be funded with assistance from
grant amounts under this subtitle, including
assistance made available under section 8 of
the United States Housing Act of 1937 (42
U.S.C. 1437f) that is devoted to the project
that contains the affordable housing to be
assisted with such assistance;
``(ii) the extent of local assistance that
will be provided in carrying out the eligible
activities, including--
``(I) financial assistance;
``(II) the extent to which the
applicant has worked to address issues
of siting and exclusionary zoning or
other policies that are barriers to
affordable housing with the unit of
general local government in which the
housing to be assisted with such
assistance will be located; and
``(III) the extent to which the
applicant has worked with the unit of
general local government to reduce the
barriers to affordable housing;
``(iii) the degree to which the project in
which the affordable housing will be located
will have residents of various incomes;
``(iv) the extent of employment and other
economic opportunities for low-income families
in the area in which the housing will be
located;
``(v) the extent to which the applicant
demonstrates the ability to maintain dwelling
units as affordable housing through the use of
assistance made available under this subtitle,
assistance leveraged from non-Federal sources,
assistance made available under section 8 of
the United States Housing Act of 1937 (42
U.S.C. 1437f), State or local assistance,
programs to increase tenant income, cross-
subsidization, and any other resources;
``(vi) the extent to which the applicant
demonstrates that the county in which the
housing is to be located is experiencing an
extremely low vacancy rate;
``(vii) the extent to which the percentage
of the housing located in such county that is
extremely old housing exceeds 35 percent;
``(viii) the extent to which the housing
assisted with the grant amounts will be
accessible to persons with disabilities;
``(ix) the extent to which the applicant
demonstrates that the affordable housing
assisted with the grant amounts will be located
in proximity to public transportation, job
opportunities, child care, and community
revitalization projects; and
``(x) the extent to which the applicant has
provided that assistance from grant amounts
made available under this subtitle will be used
for eligible activities relating to housing
located in census tracts in which the number of
families having incomes less than the poverty
line is less than 20 percent.
``(4) Consolidated plan.--The Secretary shall provide that
a State or local participating jurisdiction may comply with the
requirements under this subsection for submission of an
allocation plan through the inclusion of any appropriate
information in a single consolidated submission used for
purposes of applying for other community planning and
development and housing assistance programs administered by the
Secretary.
``(f) Forms of Assistance.--
``(1) In general.--Assistance may be distributed pursuant
to this section in the form of capital grants, noninterest
bearing or low-interest loans or advances, deferred payment
loans, guarantees, and any other forms of assistance approved
by the Secretary.
``(2) Repayments.--If an eligible recipient awards
assistance under this section in the form of a loan or other
mechanism by which funds are later repaid to the eligible
recipient, any repayments received by the eligible recipient
shall be distributed by the eligible recipient in accordance
with the allocation plan under subsection (e) for the eligible
recipient for the fiscal year in which such repayments are
made.
``(g) Coordination With Other Assistance.--In distributing
assistance pursuant to this section, each eligible recipient shall, to
the maximum extent practicable, coordinate such distribution with the
provision of other Federal, State, and local housing assistance,
including--
``(1) in the case of any State, housing credit dollar
amounts allocated by the State under section 42(h) of the
Internal Revenue Code of 1986;
``(2) assistance made available under the HOME Investment
Partnerships Act (42 U.S.C. 12721 et seq.) or the community
development block grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
``(3) private activity bonds;
``(4) assistance made available under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g);
``(5) assistance made available under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o));
``(6) assistance made available under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.); and
``(7) any other housing assistance programs.
``(h) Effect of Assistance Under Program.--Notwithstanding any
other provision of law, the provision of assistance under this subtitle
for a project shall not reduce the amount of assistance for which such
project is otherwise eligible under section 42(h) of the Internal
Revenue Code of 1986 (26 U.S.C. 42(h)) or subtitles A through F of this
title, if the project does not exceed the cost limits established
pursuant to subsection (c) of this section.
``(i) Administration of Program by Subrecipient.--At the discretion
of the eligible recipient, an eligible recipient may select an eligible
subrecipient to carry out all or a portion of the recipient's
responsibilities under this subtitle, in accordance with this section.
``(j) Labor Standards.--Each eligible recipient receiving grant
amounts under this subtitle shall ensure that contracts for eligible
activities assisted with such amounts comply with the same requirements
under section 286 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12836) that are applicable to contracts for construction
of affordable housing assisted under such Act.
``(k) Failure to Comply.--If the Secretary finds after reasonable
notice and opportunity for hearing that a State or participating local
jurisdiction has failed to comply substantially with any provision of
this subtitle and until the Secretary is satisfied that there is no
longer any such failure to comply, the Secretary shall have the
authority to discontinue assistance under this subtitle to the State or
participating local jurisdiction.
``SEC. 296. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) Affordable housing.--The term `affordable housing'
means a rental dwelling unit that is subject to legally binding
commitments that ensure that the dwelling unit meets all of the
following requirements:
``(A) Rents.--The dwelling unit bears a rent not
greater than the lesser of--
``(i) the existing fair market rental
established by the Secretary under section 8(c)
of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)) for a dwelling unit of the
same size in the same market area, or the
applicable payment standard for assistance
under section 8(o) of such Act, if higher; and
``(ii) a rent that does not exceed 30
percent of the adjusted income of a family
whose income equals 65 percent of the median
income for the area, as determined by the
Secretary, with adjustment for number of
bedrooms in the unit, except that the Secretary
may establish income ceilings higher or lower
than 65 percent of the median for the area on
the basis of the findings of the Secretary that
such variations are necessary because of
prevailing levels of construction costs or fair
market rents, or unusually high or low family
incomes.
``(B) Tenant rent contribution.--The contribution
toward rent by the family residing in the dwelling unit
will not exceed 30 percent of the adjusted income of
such family.
``(C) Availability of units for voucher holders.--
The dwelling unit--
``(i) is located in a project within which
a percentage of units are made available only
for occupancy by families assisted under the
voucher program under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(o)) (including project-based assistance
under section 8(o)(13)) on the same basis as
other families eligible for occupancy of the
project (except that only the voucher holder's
expected share of rent shall be considered),
which percentage shall not be less than the
percentage of the total cost of developing,
rehabilitating, or preserving the project that
is funded with assistance under this subtitle;
and
``(ii) is one of the units that is subject
to such occupancy requirements.
``(D) Non-discrimination against voucher holders.--
The dwelling unit is located in a project in which all
dwelling units are subject to enforceable restrictions
that provide that a unit may not be refused for leasing
to a holder of a voucher of eligibility under section 8
of the United States Housing Act of 1937 (42 U.S.C.
1437f) because of the status of the prospective tenant
as a holder of such voucher.
``(E) Mixed income.--
``(i) In general.--The dwelling unit is
located in a project in which not more than 50
percent of the rental units in the project that
receive assistance under this subtitle and are
not previously occupied may be rented initially
to families with incomes described in section
295(a)(1), as determined at a reasonable time
before occupancy.
``(ii) Exceptions.--Clause (i) shall not
apply in the case of a project having not more
than 25 dwelling units that is--
``(I) located in a census tract in
which the number of families having
incomes less than the poverty line is
less than 20 percent;
``(II) located in a rural area, as
such term is defined in section 520 of
the Housing Act of 1949 (42 U.S.C.
1490); or
``(III) specifically made available
only for households comprised of
elderly families or disabled families.
``(F) Duration of use.--The dwelling unit will
continue to be subject to the requirements under this
paragraph for not less than 50 years.
``(2) Eligible activities.--The term `eligible activities'
means activities relating to providing affordable housing,
including--
``(A) the construction of new housing;
``(B) the acquisition of real property;
``(C) site preparation and improvement, including
demolition;
``(D) rehabilitation of existing housing;
``(E) the provision of project-based rental
assistance for not more than 12 months for a dwelling
unit assisted with grant amounts under this subtitle;
and
``(F) providing incentives to maintain existing
housing as affordable housing and to establish or
extend any low-income affordability restrictions for
such housing, including covering capital expenditures
and operating costs.
``(3) Eligible entity.--The term `eligible entity' includes
any public or private nonprofit or for-profit entity, unit of
general local government, regional planning entity, and any
other entity engaged in the development, rehabilitation, or
preservation of affordable housing, as determined by the
Secretary.
``(4) Eligible participating local jurisdiction.--The term
`eligible participating local jurisdiction' means a
participating local jurisdiction that complies with the
requirements under section 295(d).
``(5) Eligible recipient.--The term `eligible recipient'
means an eligible State or eligible participating local
jurisdiction.
``(6) Eligible state.--The term `eligible State' means a
State that complies with the requirements under section 295(d).
``(7) Eligible subrecipient.--The term `eligible
subrecipient' means a public agency or a nonprofit
organization, including a community development corporation, a
community development financial institution, a State or local
housing trust fund, and any other intermediary selected by a
State or participating local jurisdiction to administer all or
a portion of the State's or participating local jurisdiction's
responsibilities under this subtitle. The term does not include
any public agency or nonprofit organization that receives money
from the Trust Fund solely as a developer or owner of housing.
``(8) Extremely low vacancy rate.--The term `extremely low
vacancy rate' means a housing or rental vacancy rate of 2
percent or less.
``(9) Extremely old housing.--The term `extremely old
housing' means housing that is 45 years old or older.
``(10) Fiscal distress; severe fiscal distress.--The terms
`fiscal distress' and `severe fiscal distress' have the
meanings given such terms in section 220(d).
``(11) Full-time basis.--The term `full-time basis' means,
with respect to employment, on a 40-hour per week, 52-week per
year basis.
``(12) Ineligible recipient.--The term `ineligible
recipient' means, with respect to a fiscal year, a State or
participating local jurisdiction that has not submitted to the
Secretary an allocation plan meeting the requirements of
section 295(e).
``(13) Participating local jurisdiction.--The term
`participating local jurisdiction' means, with respect to a
fiscal year, any unit of general local government (as such term
is defined in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704) that qualifies as a
participating jurisdiction under the HOME Investment
Partnerships Act for such fiscal year.
``(14) Poverty line.--The term `poverty line' has the
meaning given such term in section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, including any revision required by
such section.
``(15) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(16) State.--The term `State' has the meaning given such
term in section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
``(17) Trust fund.--The term `Trust Fund' means the
National Affordable Housing Trust Fund established under
section 292.
``SEC. 297. AUTHORIZATION OF APPROPRIATIONS FOR SECTION 8 PROJECT-BASED
ASSISTANCE.
``There are authorized to be appropriated, for project-based rental
assistance under section 8(o)(13) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(13)) provided in connection with dwelling
units assisted under this subtitle, such sums as may be necessary for
each fiscal year to provide such rental assistance on behalf of each
family who occupied a dwelling unit assisted under this subtitle for
which the rent that otherwise may be charged exceeds 30 percent of the
family's adjusted income, as such term is defined in section 3 of the
United States Housing Act of 1937 (42 U.S.C. 1437a).
``SEC. 298. INAPPLICABILITY OF HOME PROVISIONS.
``Except as specifically provided in this subtitle, no requirement
under, or provision of, title I or subtitles A through F of this title
shall apply to assistance provided under this subtitle.
``SEC. 299. REGULATIONS.
``Not later than 6 months after the date of enactment of the
Bringing America Home Act, the Secretary of Housing and Urban
Development shall promulgate regulations to carry out this subtitle.''.
(b) Conforming Amendment.--Section 201 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12701 note) is amended by
striking ``This title'' and inserting ``Subtitles A through F of this
title''.
SEC. 222. INCREMENTAL RENTAL ASSISTANCE FOR 1,500,000 FAMILIES.
There are authorized to be appropriated such sums as may be
necessary for the Secretary of Housing and Urban Development to provide
1,500,000 incremental housing vouchers for rental assistance under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) for the 10-year period following the date of enactment of
this Act.
SEC. 223. FUNDING FOR HUD HOUSING PROGRAMS.
(a) Section 202 Supportive Housing for the Elderly.--Section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q) is amended by striking the
last two subsections (both designated as subsection (m)) and inserting
the following new subsection:
``(m) Authorization of Appropriations.--There is authorized to be
appropriated for providing grants under this section $1,426,000,000 for
fiscal year 2007 and such sums as may be necessary for each of fiscal
years 2008, 2009, 2010, and 2011.''.
(b) Supportive Housing for Persons With Disabilities.--Subsection
(m) of section 811 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(m)) is amended to read as follows:
``(m) Authorization of Appropriations.--There is authorized to be
appropriated for providing assistance under this section $502,000,000
for fiscal year 2007 and such sums as may be necessary for each of
fiscal years 2008, 2009, 2010, and 2011. Not less than 30 percent of
the amounts made available for each fiscal year for providing
assistance under this section shall be used only for providing
permanent housing for individuals and families who are homeless (as
such term is defined in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302).''.
(c) HOME Investment Partnerships Program.--Section 205 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12724) is
amended to read as follows:
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title
$4,000,000,000 for fiscal year 2007, and such sums as may be necessary
for each of fiscal years 2008, 2009, 2010, and 2011, of which--
``(1) not more than $28,000,000 for fiscal year 2007 and
such sums as may be necessary in each of fiscal years 2008,
2009, 2010, and 2011, shall be for community housing
partnership activities authorized under section 233; and
``(2) not more than $22,000,000 for fiscal year 2007 and
such sums as may be necessary in each of fiscal years 2008,
2009, 2010, and 2011, shall be for activities in support of
State and local housing strategies authorized under subtitle
C.''.
SEC. 224. HUD RURAL HOUSING AND ECONOMIC DEVELOPMENT PROGRAM.
There is authorized to be appropriated for grants, through the
Office of Rural Housing and Economic Development of the Department of
Housing and Urban Development, to Indian tribes, State housing finance
agencies, local rural nonprofit organizations, and community
development organizations, for support of innovative housing and
economic development activities in rural areas, $25,000,000 for fiscal
year 2007 and such sums as may be necessary for each of fiscal years
2008, 2009, 2010, and 2011.
SEC. 225. RURAL HOUSING PROGRAMS.
(a) Rural Rental Assistance.--Subsection (c) of section 513 of the
Housing Act of 1949 (42 U.S.C. 1483(c)) is amended by striking the
subsection designation and all that follows through the end of
paragraph (1) and inserting the following:
``(c) Rental Assistance.--(1) The Secretary may, to the extent
approved in appropriations Acts, enter into rental assistance payments
contracts under section 521(a)(2)(A) aggregating $814,000,000 for
fiscal year 2007 and such sums as may be necessary for each of fiscal
years 2008, 2009, 2010, and 2011.''.
(b) Farm Labor Housing Loans.--Section 513(a)(1) of the Housing Act
of 1949 (42 U.S.C. 1483(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``and during fiscal years 2007 through 2011,'' after
``respectively,''; and
(2) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) For insured loans under section 514, $50,000,000 for
fiscal year 2007, and such sums as may be necessary for each of
fiscal years 2008, 2009, 2010, and 2011.''.
(c) Farm Labor Housing Grants.--Section 513(b) of the Housing Act
of 1949 (42 U.S.C. 1483(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
and for fiscal years 2007 through 2011,'' after ``1994,''; and
(2) in paragraph (7), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) for low-rent housing and related facilities
for domestic farm labor under subsections (a) through
(J) of such section, $30,000,000 for fiscal year 2007,
and such sums as may be necessary for each of fiscal
years 2008, 2009, 2010, and 2011; and''.
SEC. 226. DEPARTMENT OF VETERANS AFFAIRS HOMELESS COMPREHENSIVE
SERVICES PROGRAMS.
Section 2013 of title 38, United States Code, is amended by
striking paragraphs (3) and (4) and inserting the following new
paragraphs:
``(3) $120,000,000 for fiscal year 2007.
``(4) $120,000,000 for fiscal year 2008.
``(5) Such sums as may be necessary for fiscal years 2009
through 2011.''.
Subtitle B--Federal Homelessness to Housing Mutual Mortgage Association
SEC. 231. SHORT TITLE AND STATEMENT OF PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Federal
Homelessness to Housing Mutual Mortgage Association Act''.
(b) Statement of Purpose.--It is the purpose of the Federal
Homelessness to Housing Mutual Mortgage Association to provide housing
and homeownership opportunities, in a cooperative housing association,
for homeless families and individuals by--
(1) sponsoring single room occupancy and family-oriented
mutual housing cooperatives; and
(2) providing continuing management and support services to
its self-governed member buildings.
SEC. 232. ESTABLISHMENT.
(a) In General.--There is hereby established the Federal
Homelessness to Housing Mutual Mortgage Association, otherwise to be
known as ``Hollie Mae'', which shall be a body corporate under the
direction of a Board of Directors. Within the limitations of law and
regulation, the Board of Directors shall determine the general policies
that govern the operations of the Association.
(b) Tax-Exempt Status.--The Association shall be considered, for
purposes of section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)), to be a corporation organized and operated for
charitable purposes and shall be organized and operated at all times in
a manner such that the Association is an organization exempt from
taxation pursuant to such section 501.
(c) Office.--The principal office of the Association shall be in
the District of Columbia or at any other place determined by the
Association.
(d) Board of Directors.--
(1) Members.--Except as provided in paragraph (5), the
Board of Directors of the Association shall consist of 20
persons, as follows:
(A) Class a tenant-shareholder members.--9 members,
who shall be individuals who are tenant-shareholders of
mutual housing sponsored and managed by the
Association, and who shall be elected pursuant to an
election in which only tenant-shareholders of such
housing are eligible to vote.
(B) Class b board-nominated members.--9 members,
who shall meet such criteria regarding experience as
the Board shall establish in the areas of low-income
housing, finance, supportive services, real estate
management, cooperative business, local government, and
advocacy and services for homeless persons, and who
shall be elected pursuant to an election in which only
tenant-shareholders of mutual housing sponsored and
managed by the Association may vote, from among
qualified persons nominated by existing members of the
Board under this subparagraph.
(C) Class c presidentially appointed members.--2
members, who shall be appointed by the President of the
United States.
(2) Terms.--
(A) Class a members.--Each member of the Board of
Directors pursuant to paragraph (1)(A) shall be elected
for a term of 3 years, except that, as designated at
the time of election, of such members first elected
pursuant to paragraph (5)(C), 3 members shall be
elected for terms of 1 year and 3 members shall be
elected for terms of 2 years.
(B) Class b members.--Each member of the Board of
Directors pursuant to paragraph (1)(B) shall be elected
for a term of 3 years, except that, as designated at
the time of election, of such members first elected
pursuant to paragraph (5)(C), 3 members shall be
elected for terms of 1 year and 3 members shall be
elected for terms of 2 years.
(C) Class c members.--Each member of the Board of
Directors pursuant to paragraph (1)(C) shall be
appointed for a term of 2 years.
(3) Vacancies.--Any appointive seat on the Board of
Directors that becomes vacant shall be filled by appointment by
the President of the United States, but only for the unexpired
portion of the term. Any elective seat on the Board of
Directors that becomes vacant shall be filled by the Board of
Directors, but only for the unexpired portion of the term.
(4) Prohibition on compensation.--Any member of the Board
of Directors who is a full-time officer or employee of the
Federal Government shall not, as such member, receive
compensation for services as such a member.
(5) Initial board.--Notwithstanding any other provision of
this subsection, the initial Board of Directors shall be
organized as follows:
(A) Members.--The initial Board shall have 9
members--
(i) 6 of whom shall be appointed by the
Interagency Council on the Homeless after a
call for nominations, which shall be made by
public notice; and
(ii) 3 of whom shall be appointed by the
National Cooperative Bank.
(B) Term of operations.--The initial Board shall
serve until the expiration of the 180-day period
beginning upon the Association having obtained
occupancy certificates for three mutual housing
cooperatives sponsored by the Association.
(C) Transition.--During the period referred to in
subparagraph (B), the initial Board shall nominate
qualified persons for election to the Board pursuant to
paragraph (1)(B), elections pursuant to paragraph (2)
shall be held for members of the Board pursuant to
subparagraphs (A) and (B) of paragraph (1), and members
pursuant to paragraph (1)(C) shall be appointed.
SEC. 233. POWERS AND AUTHORITIES.
(a) Corporate Powers.--The Association shall have power--
(1) to adopt, alter, and use a corporate seal;
(2) to have succession until dissolved by Act of Congress;
(3) to make and enforce such bylaws, rules, and regulations
as may be necessary or appropriate to carry out the purposes or
provisions of this subtitle;
(4) to make and perform contracts, agreements, and
commitments;
(5) to prescribe and impose fees and charges for services
by the Association;
(6) to settle, adjust, and compromise, and with or without
consideration or benefit to the Association to release or waive
in whole or in part, in advance or otherwise, any claim,
demand, or right of, by, or against the Association;
(7) to sue and be sued, complain and defend, in any State,
Federal, or other court;
(8) to acquire, take, hold, and own, and to deal with and
dispose of any property; and
(9) to determine its necessary expenditures and the manner
in which the same shall be incurred, allowed, and paid, and
appoint, employ, and fix and provide for the compensation and
benefits of officers, employees, attorneys, and agents as the
Board of Directors determines reasonable and comparable with
compensation for employment in other similar nonprofit
businesses.
(b) Exemption From State Taxation.--
(1) In general.--Except as provided in paragraph (2), the
Association, including its franchise, activities, capital,
reserves, surplus, and income, shall be exempt from all
taxation now or hereafter imposed by any territory, dependency,
or possession of the United States or by any State, county,
municipality, or local taxing authority.
(2) Treatment of real property taxes.--In the case of any
real property of the Association that is disposed of by the
Association or the use of which changes from mutual housing use
to any other use, the Association shall be liable for payment
of any taxes that would have been incurred during the 3-year
period ending up such disposition or change of use but for
paragraph (1).
(c) Actions.--Notwithstanding section 1349 of title 28, United
States Code, or any other provision of law--
(1) the Association shall be deemed to be an agency
included in sections 1345 and 1442 of such title 28;
(2) all civil actions to which the Association is a party
shall be deemed to arise under the laws of the United States,
and the district courts of the United States shall have
original jurisdiction of all such actions, without regard to
amount or value; and
(3) any civil or other action, case or controversy in a
court of a State, or in any court other than a district court
of the United States, to which the Association is a party may
at any time before the trial thereof be removed by the
Association, without the giving of any bond or security, to the
district court of the United States for the district and
division embracing the place where the same is pending, or, if
there is no such district court, to the district court of the
United States for the district in which the principal office of
the Association is located, by following any procedure for
removal of causes in effect at the time of such removal.
(d) Investment of Funds.--Funds of the Association may be invested
in such investments as the Board of Directors may prescribe. Any
Federal Reserve bank or Federal home loan bank, or any bank as to which
at the time of its designation by the Association there is outstanding
a designation by the Secretary of the Treasury as a general or other
depositary of public money, may be designated by the Association as a
depositary or custodian or as a fiscal or other agent of the
Association, and is hereby authorized to act as such depositary,
custodian, or agent.
SEC. 234. MUTUAL HOUSING OPERATIONS.
(a) In General.--The Association may develop, support, finance,
construct, acquire, reconstruct, rehabilitate, assist, own, operate,
manage, hold, and otherwise deal in mutual housing.
(b) Mutual Housing.--For purposes of this subtitle, the term
``mutual housing'' means housing--
(1) that is held by the Association or another nonprofit
mutual housing association as a cooperative ownership housing
association, as the Board of Directors shall provide;
(2) occupancy in the dwelling units of which is restricted
to members of the Association;
(3) in which a right to permanent occupancy of a dwelling
unit is granted to the member, contingent upon payment of a
housing charge and fulfillment of such other obligations of
membership in the Association as may be established by the
Board of Directors;
(4) the management and operation of which is governed by
the Board of Directors, with the advice of a council of
residents of the housing as the Board shall establish; and
(5) within which such resident programs, support services,
and assistance may be provided as the Board of Directors, with
the advice of the resident council, considers appropriate.
(c) Housing Affordability, Types, Targeting, and Occupancy
Priority.--Mutual housing supported, developed, or held by the
Association shall comply with the following requirements:
(1) Affordability.--The housing shall be housing that is
affordable, as determined by the Board of Directors, for low-
income families (as such term is defined in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2) Types.--The housing shall be designed--
(A) for occupancy by families; or
(B) as single room occupancy dwellings appropriate
for occupancy by individuals.
(3) Income targeting.--All dwelling units in the housing
may be reserved for occupancy by
low-, very low-, and extremely low-income families with modest
or intermittent needs for other supportive services.
(4) Occupancy priority.--
(A) First priority.--Priority for occupancy in all
dwelling units in the housing shall be provided to
individuals and families who--
(i) during the 12-month period ending upon
initial occupancy, were homeless (as such term
is defined in section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302); or
(ii) during the 24-month period ending upon
initial occupancy, received assistance under a
State program funded under part A of title IV
of the Social Security Act.
(B) Secondary priority.--Priority, secondary to
that provided pursuant to subparagraph (A), for
occupancy in the housing shall be provided to
individuals and families holding a voucher for rental
assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) or other
similar tenant-based rental assistance.
(C) General availability of units.--If there are
insufficient individuals and families that qualify for
priorities under subparagraphs (A) and (B) to fill all
the dwelling units in the housing, dwelling units may
be made available to other individuals and families
that meet the income requirements for occupancy in the
housing.
(5) Other.--The housing shall comply with such other
policies regarding eligible residents as the Board of Directors
may establish.
SEC. 235. FINANCING.
(a) Authorization of Appropriations for Start-Up.--There is
authorized to be appropriated to the Association for assistance for the
supporting and developing mutual housing and costs of the Association
in carrying out its functions--
(1) $50,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008; and
(3) $150,000,000 for fiscal year 2009.
(b) Obligations and Securities.--
(1) Authority to issue.--The Association may, upon such
terms and conditions as the Board of Directors may prescribe,
borrow, give security, pay interest or other return, and issue
notes, debentures, bonds, and other obligations and securities.
(2) Treasury approval.--Any notes, debentures, or
substantially identical types of unsecured obligations of the
Association evidencing money borrowed, whether general or
subordinated, shall be issued upon the approval of the
Secretary of the Treasury and shall have such maturities and
bear such rate or rates of interest as may be determined by the
Association with the approval of the Secretary of the Treasury.
(c) Temporary Authority to Borrow From Treasury.--
(1) In general.--The Secretary of the Treasury may purchase
any obligations issued under subsection (b). For such purpose,
the Secretary may use a public debt transaction the proceeds of
the sale of any securities issued under chapter 31 of title 31,
United States Code, and the purposes for which securities may
be issued under such chapter are extended to include such
purpose.
(2) Limitations on amount and timing.--The Secretary of the
Treasury shall not at any time purchase any obligations under
this subsection--
(A) after the expiration of the 3-year period
beginning upon the date of the enactment of the first
appropriation Act that provides amounts for the
Association pursuant to subsection (a); or
(B) if the purchase would increase the aggregate
principal amount of the outstanding holdings of
obligations under this subsection by the Secretary to
an amount greater than $100,000,000.
(3) Terms and conditions.--Each purchase of obligations by
the Secretary of the Treasury under this subsection shall be
upon terms and conditions established to yield a rate of return
determined by the Secretary of the Treasury to be appropriate,
taking into consideration the current average rate on
outstanding marketable obligations of the United States as of
the last day of the month preceding the making of the purchase.
(4) Sale.--The Secretary of the Treasury may at any time
sell, upon terms and conditions and at prices determined by the
Secretary, any of the obligations acquired by the Secretary
under this subsection.
(5) Treatment as public debt transactions.--All
redemptions, purchases, and sales by the Secretary of the
Treasury of obligations under this subsection shall be treated
as public debt transactions of the United States.
(d) Sense of Congress Regarding Financing.--It is the sense of the
Congress that--
(1) in order to facilitate the raising of capital by the
Association to carry out its functions, interest on revenue
bonds of the Association should be treated under Federal law as
exempt from Federal taxation;
(2) operating funds for housing provided by the Association
should be derived wholly from the monthly payments made by, or
on behalf of, residents of the cooperative housing of the
Association; and
(3) the Association should use its tax-exempt, nonprofit
status to obtain funding and resources for its activities from
foundations, State and local governments, land trusts, and
other sources of income made available to such organizations.
SEC. 236. RELATIONSHIP WITH OTHER PROGRAMS.
(a) Community Reinvestment Act Credit.--In assessing and taking
into account, under section 804(a) of the Community Reinvestment Act of
1977 (12 U.S.C. 2903(a)), the record of any regulation financial
institution, the appropriate Federal financial supervisory agency (as
defined in section 803(1) of such Act) may consider as a factor
investments in mutual housing supported by the Association in
determining whether the institution is meeting the credit needs of its
community for purposes of such section 804(a).
(b) HUD Mortgagee Programs.--The Secretary of Housing and Urban
Development shall treat the Association as an eligible mortgagee for
purposes of participation in all single family and multifamily mortgage
insurance programs under the National Housing Act (12 U.S.C. 1701 et
seq.), except that such participation shall be subject to the authority
of the Mortgagee Review Board under section 202 of such Act (12 U.S.C.
1708).
(c) Community Development Financial Institutions.--The Association
shall, in providing mutual housing in accordance and carrying out its
functions and responsibilities under this subtitle, utilize and work
with community development financial institutions (as such term is
defined in section 103 of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4702)) to the maximum
extent practicable.
(d) Fannie Mae.--Section 302(b) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the
end the following new paragraph:
``(7) The corporation may purchase, service, sell lend on the
security of, and otherwise deal in loans or advances of credit secured
by any first or subsequent mortgage or other lien on mutual housing
that is owned or leased by the Federal Homeownership Mutual Mortgage
Association. Such mortgages shall meet any purchase standards otherwise
established by the corporation pursuant to section 304(a).''
(e) Freddie Mac.--Section 305(a) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the
following new paragraph:
``(6) The Corporation may purchase, service, sell lend on the
security of, and otherwise deal in loans or advances of credit secured
by any first or subsequent mortgage or other lien on mutual housing
that is owned or leased by the Federal Homeownership Mutual Mortgage
Association. Such mortgages shall meet any purchase standards otherwise
established by the Corporation pursuant to paragraph (1).''.
(f) Ginnie Mae.--The first sentence of section 306(g)(1) of the
National Housing Act (12 U.S.C. 1721(g)(1)) is amended by inserting
before the period at the end the following: ``; or a trust or pool or
composed of mortgages on mutual housing that is owned or leased by the
Federal Homeownership Mutual Mortgage Association''.
(g) Revenue Bonds and Tax Credits.--
(1) Mutual housing bonds treated as qualified mortgage
bonds.--Any bond which is issued as part of an issue by a State
or political subdivision thereof for the purpose of providing
mutual housing developed by the Association to members of a
limited equity cooperative shall be treated as a qualified
mortgage bond for purposes of section 143 of the Internal
Revenue Code of 1986 (relating to qualified mortgage bonds).
For purposes of the preceding sentence, section 143(d) of such
Code shall be applied by substituting ``80 percent'' for ``95
percent''.
(2) Rehabilitation credit.--For purposes of section 47 of
the Internal Revenue Code of 1986 (relating to rehabilitation
credit), mutual housing supported, developed, or held by the
Association shall be treated as residential rental property.
(3) Credit may be transferred.--Nothing in any law or rule
of law shall be construed to limit the transferability of the
credit allowed to the Association by sections 42 and 47 of the
Internal Revenue Code of 1986 (relating to low-income housing
credit and rehabilitation credit) through sale and repurchase
agreements.
(h) CDBG and HOME.--Notwithstanding any other provision of law--
(1) mutual housing owned or leased by the Association or
any affiliate of the Association that is formed for the purpose
of owning or leasing mutual housing shall be considered
affordable housing for purposes of the HOME Investment
Partnerships Act; and
(2) the provision of assistance for the development of such
mutual housing shall be considered an activity eligible for
assistance under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.).
(i) Section 8 Homeownership Program.--Notwithstanding any other
provision of law, homeownership assistance under section 8(y) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(y)) may be used in
connection with fulfilling the financial obligations for membership in
a mutual housing association operating housing owned or leased by the
Association and for residence in housing of such association, in the
manner that such assistance is made available under such section for
ownership in a housing cooperative. Such use shall include use of
assistance amounts to provide a deposit with the Association, on behalf
of such a resident, in an amount not exceeding three months carrying
charges, which shall be held by the Association and used at the request
of the resident and the approval of the Secretary upon financial
hardship to the resident, and if not so used shall be recovered by the
Secretary upon termination of the membership of the resident in the
Association.
(j) Supportive Housing.--
(1) Partnering authority.--Mutual housing owned or leased
by the Association may be developed as--
(A) supportive housing for the elderly eligible for
assistance under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q); or
(B) supportive housing for persons with
disabilities eligible for assistance under section 811
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013).
The Association may enter into such agreements with sponsors of such
housing as may be necessary to develop such mutual housing.
(2) Membership fees.--Notwithstanding section 202(i) of the
Housing Act of 1959 (12 U.S.C. 1701q(i)), section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(i)), and the regulations issued under subtitle C of title
VI of the Housing and Community Development Act of 1992 (42
U.S.C. 13601 et seq.), the Association may require residents of
such supportive housing owned or leased by the Association to
pay a one-time membership fee not to exceed $500, as such fee
may be increased to account for inflation according to such
index as the Board of Directors may provide, to become a member
of the Association.
SEC. 237. OVERSIGHT.
(a) HUD.--The Association shall submit to the Secretary of Housing
and Urban Development and the Congress--
(1) on an annual basis, a report describing--
(A) the mutual housing activities of the
Association; and
(B) the financial condition and operations of the
Association; and
(2) such other reports as the Secretary may require.
(b) Treasury.--During the period set forth in section 235(c)(2)(A),
the Association shall submit to the Secretary of the Treasury, on an
annual basis, a report regarding the financial condition and operations
of the Association, including any borrowing activities of the
Association, that contains such information as the Secretary may
require.
(c) Audit of Financial Statements.--
(1) Requirement.--The Association shall have an annual
independent audit made of its financial statements by an
independent public accountant in accordance with generally
accepted auditing standards. The Association shall submit the
audit to the Secretary of Housing and Urban Development.
(2) Contents.--In conducting an audit under this
subsection, the independent public accountant shall determine
and report on whether the financial statements of the
Association are presented fairly in accordance with generally
accepted accounting principles.
(d) GAO Audit Authority.--
(1) In general.--The programs, activities, receipts,
expenditures, and financial transactions of the Association
shall be subject to audit by the Comptroller General of the
United States under such rules and regulations as may be
prescribed by the Comptroller General. The representatives of
the General Accounting Office shall have access to all books,
accounts, financial records, reports, files and all other
papers, things, or property belonging to or in use by the
Association and necessary to facilitate the audit, and they
shall be afforded full facilities for verifying transactions
with the balances or securities held by depositaries, fiscal
agents, and custodians. A report on each such audit shall be
made by the Comptroller General to the Congress. The
Association shall reimburse the General Accounting Office for
the full cost of any such audit as billed therefor by the
Comptroller General.
(2) Access to audit information.--To carry out this
subsection, the representatives of the General Accounting
Office shall have access, upon request to the Association or
any auditor for an audit of the Association under subsection
(c), to any books, accounts, financial records, reports, files,
or other papers, things, or property belonging to or in use by
the Association and used in any such audit and to any papers,
records, files, and reports of the auditor used in such an
audit.
SEC. 238. PROTECTION OF NAME.
(a) Name.--Except as expressly authorized by statute of the United
States, no individual or organization (except the Association) may use
the term ``Federal Homelessness to Housing Mutual Mortgage
Association'', ``Hollie Mae'', or any combination of words including
``Federal'' and ``Homelessness to Housing'' and ``Mutual'' and
``Mortgage'', as a name or part thereof under which any individual or
organization does any business, but this subsection shall not make
unlawful the use of any name under which business is being done on the
date of the enactment of this Act.
(b) Signs and Insigne.--No individual or organization shall use or
display--
(1) any sign, device, or insigne prescribed or approved by
the Association for use or display by the Association,
(2) any copy, reproduction, or colorable imitation of any
such signs, device, or insigne, or
(3) any sign, device, or insigne reasonably calculated to
convey the impression that it is a sign, device, or insigne
used by the Association or prescribed or approved by the
Association,
contrary to regulations of the Association prohibiting, or limiting or
restricting, such use or display by such individual or organization.
(c) Penalties.--An individual or organization violating this
section shall for each violation be punished by a fine of not more than
$10,000. An officer or member of an organization participating or
knowingly acquiescing in any violation of this section shall be
punished by a fine of not more than $5,000 or imprisonment for not more
than one year, or both
SEC. 239. DEFINITIONS.
For purposes of this subtitle, the following definitions shall
apply:
(1) Association.--The term ``Association'' means the
Federal Homelessness to Housing Mutual Mortgage Association.
(2) Board of directors.--The term ``Board of Directors''
means the Board of Directors of the Association.
SEC. 240. TERRITORIAL APPLICABILITY.
Notwithstanding any other law, the Association may carry out mutual
housing activities within the several States, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States.
Subtitle C--Use of Federal Surplus Property to Assist the Homeless
SEC. 271. USE OF FEDERAL SURPLUS PROPERTY TO ASSIST THE HOMELESS.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ``properties in
the single-family inventory of the Department of Housing and
Urban Development, or real properties that are in the custody
of the United States as a result of civil or criminal
forfeiture proceedings under the Federal Food, Drug, and
Cosmetic Act'';
(2) in subsection (f), by inserting after paragraph (4) the
following new paragraph:
``(5) The uses to assist the homeless for which property may be
made available under this section shall include permanent housing for
the homeless.'';
(3) in subsection (i)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) the term `permanent housing'' means housing that may
be occupied for a period of unlimited duration.''; and
(4) by adding at the end the following new subsection:
``(j) Notification.--The Secretary of Housing and Urban
Development, the Secretary of Health and Human Services, and the
Director of the Interagency Council on the Homeless shall undertake
activities necessary to ensure that representatives of the homeless are
notified of properties available in their localities pursuant to this
title and of procedures for applying for such properties.''.
TITLE III--HOMELESS INTERVENTION AND PREVENTION
SEC. 301. PRESERVATION OF PUBLIC HOUSING DWELLING UNITS UNDER HOPE VI.
(a) Purposes.--Section 24(a)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437v(a)) is amended by inserting before the semicolon
at the end the following: ``, while retaining or increasing the overall
number of dwelling units available to low-income families''.
(b) Prohibition of Net Loss of Dwelling Units.--Section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v) is amended--
(1) by redesignating subsections (h) through (o) as
subsections (j) through (q), respectively; and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Prohibition of Net Loss of Dwelling Units.--The Secretary may
not approve an application for a grant under this section unless the
application provides--
``(1) for the provision of at least one additional decent,
safe, and sanitary public housing dwelling unit for each public
housing dwelling unit demolished or disposed of under the
application, which additional dwelling units shall be reserved
for occupancy by low-income families and located within the
jurisdiction of the applicant; and
``(2) that the total number of bedrooms in additional
public housing dwelling units provided pursuant to paragraph
(1) is equal to or exceeds the total number of bedrooms in
dwelling units demolished or disposed of under the
application.''.
SEC. 302. RIGHT TO NEW UNITS OF INDIVIDUALS AND FAMILIES DISPLACED BY
HOPE VI PROJECTS.
(a) Purposes.--Section 24(a) of the United States Housing Act of
1937 (42 U.S.C. 1437v(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) providing individuals and families previously
residing in public housing replaced pursuant to this section
with the right to occupancy in a new replacement dwelling unit;
and''.
(b) Right of Residents to Occupy New Dwelling Units.--Section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended by
inserting after subsection (h) (as added section 301 of this Act) the
following new subsection:
``(i) Right of Previous Residents to Occupy New Dwelling Units.--
The Secretary may not approve an application for a grant under this
section unless the application provides that each family displaced from
a public housing dwelling unit that is demolished or disposed of under
the application, or otherwise displaced by revitalization activities
under the application, will be offered first occupancy in a public
housing or other subsidized dwelling unit of appropriate size
constructed, acquired, or rehabilitated under the application.''.
SEC. 303. POLICIES REGARDING HOMELESS INDIVIDUALS AND FAMILIES IN
FEDERALLY FUNDED FACILITIES.
(a) Maintaining Family Units in Overnight Shelters.--A federally
funded facility that provides shelter to homeless individuals on an
emergency or temporary basis may not establish or continue in effect
any policy regarding admission to the facility that has the effect of
denying admission to a member of a family or household unit that is
seeking admission as a family or unit, except that the prohibition
under this subsection shall not apply with respect to admissions
policies for the prevention of domestic violence.
(b) Discharge Requirements by Residential Care, Treatment, Custody,
and Foster Care Facilities.--A federally funded residential care
facility shall, in discharging each individual provided services at the
facility, ensure that upon such discharge--
(1) there is available to such individual a suitable
residential setting such that the individual will not be
homeless upon such discharge, except that this paragraph may
not be construed to authorize a facility to hold an individual
in the facility without the consent of the individual;
(2) such individual is provided assistance appropriate to
ensure that the individual obtains all Federal, State, and
local entitlements, services, and benefits (including medical,
income, food, and housing benefits) for which such individual
is eligible; and
(3) such individual has been issued a social security
number and has in his or her possession a State-issued driver's
license or other identification card.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Federally funded.--The term ``federally funded'' means,
with respect to a facility, that the facility receives
financial assistance, directly or indirectly, from any agency
or office of the Federal Government, including any loan, grant,
subsidy, guarantee, mortgage insurance, or other financial
assistance.
(2) Residential care facility.--The term ``residential care
facility'' means a facility that provides care or treatment
(including medical, mental health, and drug or alcohol abuse
care or treatment) or custody in a residential setting. Such
term includes a hospital (to the extent residential care is
provided therein), nursing home, intermediate care facility,
board and care home, assisted living facility, congregate care
facility, and foster care facility.
(d) Regulations.--The Secretary of Housing and Urban Development
shall issue final regulations to carry out this section not later than
12 months after the date of the enactment of this Act.
SEC. 304. ESTABLISHMENT OF EMERGENCY RENT RELIEF FUND.
(a) Grant Program.--The Secretary of Housing and Urban Development
shall, to the extent approved in appropriation Acts, contract to make,
and make, grants available to non-profit organizations or local or
State governmental units for the purpose of providing emergency rent
relief payments to landlords on behalf of tenants who face eviction due
to temporary financial difficulties.
(b) Rental Assistance Payments.--
(1) Authority of non-profits or local or state governmental
units to make rent payments to landlords on behalf of certain
tenants.--Any non-profit organization or local or State
governmental unit which receives any grant under subsection (a)
shall use such grant to make emergency rent relief payments in
accordance with paragraph (2), to landlords on behalf of
tenants who meet the requirements of subsection (c) and who
apply for such assistance.
(2) Authority of non-profits or local or state governmental
units to determine payments.--Non-profit organizations or local
or state governmental units may determine the amounts necessary
to be paid to any landlord under paragraph (1) on behalf of any
tenant, beyond the amounts, if any, that the tenant is able to
contribute toward rent payments, subject to the following
conditions and limitations:
(A) Maximum of total rent due.--The total amount of
any payment shall not exceed the total amount of rent
due the landlord from the tenant.
(B) Initial payment not to exceed 3 months rent.--
The initial payment may include an amount necessary to
make the payments of such rent current, except that
such amount may not exceed an amount equal to 3 monthly
rent payments of the tenant.
(C) Minimum amount to be paid.--Payments are to be
designed to ensure that the total monthly housing
expense of the tenant does not exceed 30 percent of the
monthly net income of the tenant.
(D) Maximum of 18 consecutive monthly payments.--
Payments are not to be made for a continuous period of
more than 18 months.
(E) Maximum of 36 monthly payments overall.--
Payments are not to be made for an aggregate of more
than 36 months.
(F) Termination of payments.--Payments are to be
terminated when the non-profit organization or local or
State governmental unit determines that changes in the
financial circumstances of such tenant render such
payments no longer necessary to prevent eviction of the
tenant.
(3) Expeditious processing of applications.--Any non-profit
organization or local or State governmental unit which receives
any grant under subsection (a) shall, within 30 days after the
receipt of any application for rental assistance under
subsection (b), notify the tenant and landlord involved of its
determination to approve or disapprove the application.
(4) Acceptance of rental assistance payment by landlord is
a waiver of claims against tenant for nonpayment of rent.--Any
landlord who accepts any payment of assistance under paragraph
(1) waives the right to institute or continue eviction
proceedings that are based on a claim of nonpayment of rent for
any period before the date of the payment.
(5) Repayment of assistance by tenants.--
(A) In general.--Payments made under paragraph (1)
on behalf of any tenant shall be repayable to the
Secretary by the tenant on terms and conditions
prescribed by the Secretary.
(B) Maximum amount.--Any non-profit organization or
local or State governmental unit which receives any
grant under subsection (a) shall ensure that the
monthly repayment amount for any tenant making
repayments under subparagraph (A) is calculated so that
the sum of the monthly repayment amount and the total
monthly housing expense of the tenant is at most 50
percent of the monthly net income of the tenant, except
that the Secretary may waive this limitation on a case-
by-case basis.
(6) Deposit in emergency rent relief fund.--Amounts
received by the Secretary from any non-profit organization or
local or State governmental unit as repayments under paragraph
(5) or as interest on assistance payments made under paragraph
(1), shall be deposited in the account of the non-profit or
local or State governmental unit in the Emergency Rent Relief
Fund established in subsection (g).
(7) Monitoring of tenant's ability to pay.--The Secretary
shall establish procedures for any tenant on whose behalf
payments are made under paragraph (1), and any tenant who is to
make repayments under paragraph (5), to inform the non-profit
organization or local or State governmental unit making such
payments, or receiving such repayments, of any significant
increase or decrease in the income of the tenant.
(8) Periodic review of tenant's financial circumstances.--
The Secretary shall establish procedures to be followed by non-
profit organizations or local or State governmental units for
reviewing, not less frequently than annually, the financial
circumstances of any tenant on whose behalf payments are to be
made under paragraph (1), and any tenant who is to make
repayments under paragraph (5), to determine whether such
payments or repayments should be adjusted or terminated.
(c) Eligibility for Assistance.--Any non-profit organization or
local or State governmental unit which receives any grant under
subsection (a) may make rental assistance payments under subsection (b)
to any landlord on behalf of any tenant if it has determined that all
of the following requirements have been met:
(1) Landlord has notified tenant of intent to evict tenant
for nonpayment of rent.--The landlord has notified the tenant
that the landlord intends to evict the tenant for nonpayment of
rent.
(2) Principal residence.--The rental property involved is
the principal residence of the tenant.
(3) Rent does not exceed median rent for similar units in
area recently rented.--The monthly rent payable by the tenant
does not exceed the amount equal to the median rent paid for
rental units of the same size by tenants who moved into or
within the area in which the non-profit or local or State
governmental unit is located during the most recently completed
period of at most 12 months for which such data is available.
(4) Rent is delinquent due to events outside control of
tenant.--Events outside the control of the tenant have rendered
the tenant unable to--
(A) correct a rent payment delinquency within a
reasonable time; and
(B) resume full rent payments.
(5) Payment is necessary to prevent eviction.--The payment
is necessary to prevent eviction of the tenant.
(6) Payments will probably be temporary.--There is a
reasonable likelihood that the tenant will resume full rent
payments--
(A) within 18 months after the beginning of the
period for which payments under subsection (b) are to
be provided; or
(B) on termination of assistance under such
subsection.
(7) Tenant is likely to repay.--The tenant is likely to
repay the amounts paid on behalf of the tenant by the non-
profit or local or State governmental unit.
(d) Submission of Application Stays Eviction Proceedings Until
Disapproval of Application.--The submission of an application for
assistance under subsection (b) by any tenant who meets the
requirements of subsection (c)(2), after eviction proceedings have
begun shall automatically stay the proceedings until receipt of
notification of disapproval of such application.
(e) Allocation of Grants.--
(1) Allocation formula.--The Secretary shall allocate the
amounts to be made available under subsection (a) so that the
aggregate amount allocated to non-profit organizations or local
or State governmental units in any State shall be equal to the
sum of--
(A)(i) the ratio of the number of unemployed
persons in the State to the number of unemployed
persons in the United States, multiplied by--
(ii) \1/2\ of the amount appropriated under the
authority established in this section; and
(B)(i) the ratio of the population of the State to
the population of the United States, multiplied by--
(ii) \1/2\ of the amount so appropriated.
(2) Application for grants.--Applications for grants under
subsection (a) shall be made by non-profit organizations or
local or State governmental units in such form, and according
to such procedures, as the Secretary shall prescribe.
(3) Rules for consideration of applications.--In
considering applications for grants under subsection (a), the
Secretary shall take into account--
(A) the degree of demonstrated need in the non-
profit organization or local or State governmental
unit;
(B) the capacity of the non-profit organization or
local or State governmental unit to administer the
program of assistance under this section.
(4) Processing of applications.--The Secretary shall
process applications for grants under subsection (a) as
expeditiously as possible, and shall make such grants within 90
days after the effective date of the regulations issued by the
Secretary under subsection (f).
(f) Regulations.--Within 90 days after the date of the enactment of
this Act, the Secretary shall issue such regulations as may be
necessary to carry out this section.
(g) Emergency Rent Relief Fund.--
(1) Establishment.--There is hereby established in the
Treasury of the United States a revolving fund, to be known as
the Emergency Rent Relief Fund.
(2) Composition of fund.--The Fund shall consist of--
(A) any amount approved in appropriation Acts for
purposes of carrying out this section;
(B) any amount received by the Secretary as
repayment for payments made under subsection (b); and
(C) any amount received by the Secretary from
investments made under paragraph (4).
(3) Availability of funds.--Amounts in the Fund by reason
of subsection (b)(6) or by reason of investments made under
paragraph (4), shall be available, to the extent provided in
appropriation Acts, to the Secretary to make grants to non-
profit organizations or local or State governmental units--
(A) for the making of emergency rent relief
payments to landlords on behalf of tenants under
subsection (b); and
(B) for the administrative expenses associated with
the making of such payments.
(4) Investment of surplus funds.--Any amount in any account
of the Fund determined by the Secretary to be more than the
amount required to be in such account to carry out this section
shall be invested by the Secretary in obligations of, or
guaranteed as to both principal and interest by, the United
States or any agency of the United States.
(h) Report to Congress.--Within 60 days after the date of the
enactment of this Act, and not less frequently than every 90 days
thereafter, the Secretary shall submit to the Congress a report on--
(1) the then current rate of rent payment delinquencies and
evictions in the rental housing market areas of the United
States of immediate concern if the purposes of this section are
to be achieved;
(2) the extent of, and prospect for continuance of,
voluntary forbearance from the eviction of tenants by landlords
in such housing market areas;
(3) actions taken by government agencies to encourage such
forbearance; and
(4) actions taken and actions likely to be taken with
respect to making assistance under this section available to
alleviate hardships resulting from any serious rates of
delinquencies and evictions.
(i) Definitions.--As used in this section:
(1) Fund.--The term ``Fund'' means the Emergency Rent
Relief Fund established in subsection (g).
(2) Local governmental unit.--The term local governmental
unit means any borough, city, county, parish, town, township,
village, or other general purpose political subdivision of a
State.
(3) Monthly net income of the tenant.--The term ``monthly
net income of the tenant'' means the monthly gross income of
the tenant, less any Federal, State, or local income or
employment taxes due with respect to such income.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) 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, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States.
(6) Total monthly housing expense of the tenant.--The term
``total monthly housing expense of the tenant'' means the sum
of--
(A) the monthly rent payment due by the tenant; and
(B) the monthly utility costs of the tenant with
respect to the tenant's dwelling unit.
(j) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated such sums as necessary for
fiscal years 2007, 2008, 2009, 2010, and 2011. Any amount so
appropriated shall be deposited in the Fund and shall remain available
until expended.
(k) Borrowing Authority.--To carry out the purposes of this
section, the Secretary of Housing and Urban Development may issue to
the Secretary of the Treasury notes or other obligations to the extent
approved in appropriation Acts, in such forms and denominations,
bearing such maturities, and subject to such terms and conditions as
may be prescribed by the Secretary of the Treasury. Such notes or other
obligations shall bear interest at a rate determined by the Secretary
of the Treasury, taking into consideration the average interest rate on
all interest bearing obligations of the United States then forming a
part of the public debt, computed at the end of the fiscal year next
preceding the date on which the loan is made. The Secretary of the
Treasury shall purchase any notes and obligations issued hereunder and
for that purpose the Secretary of the Treasury may use as a public debt
transaction the proceeds from the sale of any securities issued under
chapter 31 of title 31, United States Code; and the purposes for which
securities may be issued under such chapter are extended to include any
purchase of such notes or other obligations. The Secretary of the
Treasury may at any time sell any of the notes or other obligations
acquired by the Secretary of the Treasury under this section. All
redemptions, purchases and sales by the Secretary of the Treasury of
such notes or other obligations shall be treated as public debt
transactions of the United States. The Secretary of Housing and Urban
Development may not issue notes or other obligations to the Secretary
of the Treasury pursuant to this section except as approved in
appropriation Acts.
SEC. 305. INCOME EXEMPTIONS.
(a) Work Performed in Public Housing.--
(1) Exemption from income under hud programs.--Section
3(b)(5)(A) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(5)(A)) is amended by adding at the end the following
new clause:
``(viii) Work performed in public housing.--The
amount of any earned income of any member of the family
for work performed for the public housing agency at a
location owned by the agency.''.
(2) Exemption from income under other federal programs.--
Notwithstanding any other provision of law, the amount of any
earned income of any member of the family residing in public
housing (as such term is defined in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)) for work
performed for the public housing agency that administers such
housing at a location owned by the agency may not be considered
as income or a resource for the purpose of determining
eligibility for, or the amount of the benefits or services to
be provided under, any Federal or federally assisted program
that provides benefits or services based in whole or in part,
on need.
(b) Child Support Payments.--Clause (v) of section 3(b)(5)(A) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)(A)(v)) is
amended to read as follows:
``(v) Child Support Payments.--50 percent of the
amount of any payment made by a member of the family
for the support and maintenance of any child who does
not reside in the household.''.
SEC. 306. POST OFFICE BOX AND GENERAL DELIVERY SERVICE FOR PERSONS WITH
NO FIXED ADDRESS.
Section 404 of title 39, United States Code, is amended by adding
at the end the following:
``(c) In an effort to assist persons with no fixed address--
``(1) a homeless person's application for post office box
service may be approved if the applicant--
``(A) is personally known to the postmaster or
clerk;
``(B) submits proper identification, such as (i) a
valid driver's license or other credential showing the
applicant's signature and a serial number, or (ii)
other indicia that can be traced to the bearer; or
``(C) provides a verifiable point of contact, such
as a place of employment, shelter, charitable
institution, or social service office; or
``(2) a homeless person may receive indefinite general
delivery service, as provided under regulations or other
standards of the United States Postal Service, if such person--
``(A) is unable to meet the conditions under
paragraph (1);
``(B) meets the conditions under paragraph (1), but
opts for service under this paragraph because the
service described in paragraph (1) is not available; or
``(C) otherwise opts for service under this
paragraph instead of the service described in paragraph
(1).''.
SEC. 307. TEMPORARY EX-OFFENDER LOW-INCOME HOUSING CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45N. EX-OFFENDER LOW-INCOME HOUSING CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
ex-offender low-income housing credit determined under this section for
any taxable year in the credit period shall be an amount equal to--
``(1) the applicable percentage of
``(2) the qualified basis of each qualified ex-offender
residential building.
``(b) Applicable Percentage.--In the case of any qualified ex-
offender residential building, the term `applicable percentage' has the
meaning given such term in section 42(b)(2) with respect to qualified
low-income buildings, except that, for the purposes of this subsection,
the percentages prescribed by the Secretary under section 42(b)(2)(B)
shall yield amounts of credit which have a present value equal to 70
percent of the qualified basis of any qualified ex-offender residential
building.
``(c) Qualified Basis.--
``(1) In general.--For purposes of subsection (a) and
except as otherwise provided in this subsection, the term
`qualified basis' means the adjusted basis of a qualified ex-
offender residential building as of the close of the 1st
taxable year of the credit period.
``(2) Qualified basis to include portion of building used
to provide ex-offender support services.--The qualified basis
of any qualified ex-offender residential building for any
taxable year shall be increased by the lesser of--
``(A) so much of the qualified basis of such
building as is used throughout the year to provide ex-
offender support services, or
``(B) 20 percent of the qualified basis of such
building (determined without regard to this paragraph).
``(3) Special rules.--Rules similar to the rules of
paragraphs (4), (5) (other than subparagraph (A) thereof), and
(7) of section 42(d) shall apply in determining the adjusted
basis of any qualified ex-offender residential building.
``(d) Rehabilitation Expenditures.--Rules similar to the rules of
section 42(e) shall apply in determining the treatment of
rehabilitation expenditures paid or incurred by the taxpayer with
respect to a qualified ex-offender residential building.
``(e) Credit Period.--For purposes of this section, rules similar
to the rules of section 42(f) shall apply in determining the credit
period with respect to any qualified ex-offender residential building.
``(f) Qualified Ex-Offender Residential Building.--For purposes of
this section, the term `qualified ex-offender residential building'
means any building which, at all times during the compliance period,
meets the following requirements:
``(1) Single occupancy ex-offender residential units.--Each
residential unit in such building may be made available for
occupancy to not more than 1 individual. Such individual must
be an ex-offender who--
``(A) meets the residency requirements under
subsection (g);
``(B) has failed to meet such requirements for
fewer than 14 days; or
``(C) is in the process of being evicted from such
building for failing to meet such requirements.
A building shall not be determined to fail to satisfy the
requirements of this paragraph solely because some or all of
the residential units in such building are single room
occupancy (as defined in section (8)(n) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(n))).
``(2) Self-sufficiency centers for ex-offenders.--The
building shall include a self-sufficiency center for ex-
offenders that--
``(A) is specifically designed to accommodate, and
reserved for, the provision of ex-offender support
services to residents of the facility and other ex-
offenders;
``(B) is made available for rental by providers of
such services at a rate determined by the owner of the
facility; and
``(C) provides an array of such services sufficient
to meet a significant portion of the needs of ex-
offenders for ex-offender support services.
``(3) Rent limitations.--The portion of the monthly rent
payable by the occupant of each unit in the building may not
exceed 30 percent of the adjusted monthly income (as such term
is defined in section 3(b) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)) of the occupant.
``(g) Residency Requirements.--
``(1) In general.--An ex-offender meets the residency
requirements for a qualified ex-offender residential building
if such ex-offender--
``(A) has a low income;
``(B) is participating in an ex-offender support
services program as described in paragraph (3)(B);
``(C) has not been prohibited from residency under
paragraph (4); and
``(D) commences occupancy of a unit in a qualified
ex-offender residential building on a date that is not
later than--
``(i) in the case of an ex-offender who has
been discharged from prison, jail, a half-way
house, or any other correctional facility, 12
months after such discharge; or
``(ii) in the case of any ex-offender whose
sentence did not include confinement to a
correctional facility, 12 months after the date
of the ex-offender's conviction.
``(2) Low-income.--For purposes of this section, an ex-
offender is considered to have a low income if, at the
commencement of the ex-offender's occupancy of a residential
unit, the income (if any) of the ex-offender does not exceed 60
percent of area median gross income (as determined consistent
with section 8 of the United States Housing Act of 1937).
``(3) Participation in ex-offender support services
program.--
``(A) Program.--For purposes of this section, an
ex-offender support services program is a program for
the provision of specific ex-offender support services
for an ex-offender that--
``(i) is created and managed by a
coordinating individual or entity having
education, training, and experience with ex-
offenders and their support services needs;
``(ii) is specifically designed to meet the
needs of the particular ex-offender for ex-
offender support services;
``(iii) sets forth a specific duration over
which the ex-offender support services are to
be provided and goals by which to assess the
progress of the ex-offender; and
``(iv) provides for continual oversight to
monitor the progress and needs of the ex-
offender and to ensure that the ex-offender is
being provided the appropriate ex-offender
support services and is complying with the
requirements of the program.
``(B) Participation.--For purposes of this section,
an ex-offender is considered to be participating in an
ex-offender support services program if the ex-
offender--
``(i) has entered into a written agreement
with the coordinator for the program that--
``(I) sets forth the ex-offender
support services that are appropriate
for, and will be made available to, the
ex-offender and the duration of the
program for the ex-offender; and
``(II) provides that the ex-
offender's continued attendance at
scheduled program meetings and events
and obtaining of program services are a
condition of the ex-offender's
continued residency in the facility;
and
``(ii) is not in default with regard to the
ex-offender's obligations under such agreement.
``(C) Ex-offender support services.--For purposes
of this section, the term `ex-offender support
services' means services that assist ex-offenders to
develop skills necessary for life outside of the
environment of a correctional institution, and
includes--
``(i) job training;
``(ii) employment counseling and placement;
``(iii) entrepreneurial training;
``(iv) financial management training;
``(v) homeownership and rental counseling;
``(vi) drug and alcohol abuse counseling;
``(vii) self-esteem and peer development
assistance;
``(viii) anger management counseling;
``(ix) health care services, including
mental health services and behavioral
counseling;
``(x) probation services;
``(xi) family and crisis management
counseling; and
``(xii) general educational assistance and
counseling.
``(4) Limitation on term of residency.--An ex-offender may
not reside in an ex-offender residential facility at any time
after the expiration of the 2-year period beginning upon the
commencement of the ex-offender's occupancy in the ex-offender
residential facility.
``(h) Ex-Offender.--For purposes of this section, the term `ex-
offender' means any individual who has been convicted of a felony under
State or Federal law.
``(i) Allocation and Determination of Credit.--
``(1) In general.--Except as otherwise provided in this
subsection, rules similar to the rules of section 42(h) (other
than subparagraphs (E) and (F) of paragraph (1) thereof) shall
apply with respect to allocating and determining any credit
under this section.
``(2) State housing credit ceiling.--For purposes of this
section:
``(A) In general.--The State housing credit ceiling
shall be calculated by substituting the amount
determined under section 42(h)(3)(C)(ii) with the
greater of--
``(i) $85,000,000 multiplied by the State
ratio, or
``(ii) $500,000.
``(B) Termination.--The State housing credit
ceiling applicable to any State for any calendar year
beginning after December 31, 2010, shall be zero.
``(C) State ratio.--The State ratio for any State
is equal to--
``(i) the reported number of sentenced
prisoners released from State or Federal
jurisdiction in such State during the most
recent year for which information is available,
divided by
``(ii) the reported number of sentenced
prisoners released from State or Federal
jurisdiction in the United States during the
most recent year for which information is
available.
``(D) Reported number of sentenced prisoners.--The
reported number of sentenced prisoners is the number of
such prisoners reported to the Attorney General by the
National Prison Statistics Program.
``(3) Involvement of qualified non-profit organizations.--
For purposes of this section, section 42(h)(5)(A) shall be
applied by substituting `0' for `90'.
``(j) Recapture of Credit.--Rules similar to the rules of
subsections (i)(1) and (j) of section 42 shall apply for purposes of
this section.
``(k) Application of at-Risk Rules.--Rules similar to the rules of
section 42(k) shall apply for purposes of this section.
``(l) Certification and Other Reports to Secretary.--Subject to
such regulations as the Secretary may prescribe, rules similar to the
rules of section 42(l) shall apply for purposes of this section.
``(m) Responsibilities of the Secretary and Housing Credit
Agencies.--Rules similar to the rules of subsections (m) and (n) of
section 42 shall apply for purposes of this section.''.
(b) Inclusion as Current Year Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (25), by striking the period at the end of paragraph
(26) and inserting ``, and'', and by adding at the end the following
new paragraph:
``(27) the ex-offender low-income housing credit under
section 45N(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45N. Ex-offender low-income housing credit.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to qualified ex-offender residential buildings
placed in service during taxable years beginning after December 31,
2005.
SEC. 308. ESCROW OF TENANT RENT IN CASES OF OWNER FAILURE TO MAINTAIN
UNITS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM.
Section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(8)) is amended by adding at the end the following new
subparagraph:
``(F) Escrow of tenant rent in cases of owner
failure to maintain unit.--Each housing assistance
payment contract under this subsection shall provide as
follows:
``(i) Requirement.--In any case in which a
public housing agency suspends assistance
payments under this subsection with respect to
a dwelling unit because of a failure on the
part of the owner of the unit to maintain the
unit in compliance with the housing quality
standards established pursuant to this
paragraph, the agency shall--
``(I) require the tenant to suspend
payment to the owner of the tenant's
monthly contribution toward rent and
require the tenant to pay such amount
into an escrow account established by
the agency; and
``(II) notify the tenant and the
owner of the failure to maintain the
unit in compliance with such housing
quality standards and of the actions
required under this subparagraph.
``(ii) Correction of noncompliance.--If the
owner corrects the noncompliance within the
period of time established by the agency for
such purpose, the public housing agency shall
release to the owner any tenant payments toward
rent deposited in the escrow account.
``(iii) Failure to correct noncompliance.--
If the owner fails to correct the noncompliance
within the period of time established by the
agency and the tenant moves from the dwelling
unit because of such noncompliance, the public
housing agency shall make the any tenant
payments toward rent that are deposited in the
escrow account available on behalf of the
tenant upon such move for costs of the move and
for rental of a new dwelling unit.''.
SEC. 309. SENSE OF CONGRESS REGARDING LOCAL ORDINANCES THAT
DISADVANTAGE HOMELESS PERSONS.
It is the sense of the Congress that units of general local
government that receive grants under the community development block
grant program under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) or the HOME investments
partnerships program under the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12721 et seq.)--
(1) should not pass ordinances or fund projects--
(A) that have a disparate impact on homeless
persons or that punish homeless persons for carrying
out life-sustaining practices in public spaces when no
alternative public spaces are available; or
(B) relating to curfews or runaways and that result
in homeless youths being adjudicated as delinquent; and
(2) should not pass zoning ordinances or make zoning
decisions that have the effect of preventing the siting of
facilities designed to serve homeless persons.
TITLE IV--ASSISTANCE UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
SEC. 401. CONGRESSIONAL PURPOSES.
The purposes of this title 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, the shelter plus care program, and the
rural homeless housing assistance program) into a single
program with specific eligible activities; and
(2) 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.
SEC. 402. DEFINITION OF HOMELESS INDIVIDUAL.
Section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--For purposes of this Act, the terms `homeless',
`homeless individual', and `homeless person'--
``(1) mean an individual who lacks a fixed, regular, and
adequate nighttime residence; and
``(2) include--
``(A) an individual who--
``(i) is sharing the housing of other
persons due to loss of housing, economic
hardship, or a similar reason;
``(ii) is living in a motel, hotel, trailer
park, or camping ground due to the lack of
alternative adequate accommodations;
``(iii) is living in an emergency or
transitional shelter;
``(iv) is abandoned in a hospital; or
``(v) is awaiting foster care placement;
``(B) an individual who has a primary nighttime
residence that is a public or private place not
designed for or ordinarily used as a regular sleeping
accommodation for human beings;
``(C) an individual who is living in a car, park,
public space, abandoned building, substandard housing,
bus or train station, or similar setting; and
``(D) migratory children (as such term is defined
in section 1309 of the Elementary and Secondary
Education Act of 1965 ) who qualify as homeless for the
purposes of this Act because the children are living in
circumstances described in any of subparagraphs (A)
through (C).''; and
(2) in subsection (c)--
(A) by striking ``or otherwise detained''; and
(B) by inserting after the period at the end the
following: ``Such term includes individuals who have
been released from prison on parole.''
Subtitle A--Housing Assistance General Provisions
SEC. 411. 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) Collaborative applicant.--The term `collaborative
applicant' means--
``(A) an entity, which may or may not be a Board,
that serves as the applicant for project sponsors who
jointly submit a single application for a grant under
subtitle C with the approval of, and in accordance with
the collaborative process established by, a Board, and,
if awarded such grant, receives such grant directly
from the Secretary; or
``(B) an individual project sponsor who is an
eligible entity under subtitle C and submits an
application for a grant under subtitle C, with the
approval of, and in accordance with the collaborative
process established by, a Board, and, if awarded such
grant, receives such grant directly from the Secretary.
``(2) Collaborative application.--The term `collaborative
application' means an application for a grant under subtitle C
that--
``(A) satisfies the requirements of section 422
(including containing the information described in
subsections (a) and (c) of section 426); and
``(B) is submitted to a Board and then to the
Secretary by a collaborative applicant.
``(3) Community board.--The term `community board' means a
community homeless assistance planning board established in
accordance with section 402.
``(4) 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.
``(5) Eligible entity.--The term `eligible entity' means,
with respect to a subtitle, a public or private entity eligible
to receive directly grant amounts under that subtitle.
``(6) 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).
``(7) 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;
``(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).
``(8) Homelessness prevention activities.--The term
`homelessness prevention activities' means activities designed
to help individuals and families avoid becoming homeless,
including--
``(A) providing financial assistance to individuals
and families who have received eviction notices,
foreclosure notices, or notices of termination of
utility services, if--
``(i) the inability of the individual or
family to make the required payments is due to
a sudden reduction in income;
``(ii) the assistance is necessary to avoid
eviction, foreclosure, or the termination of
services; and
``(iii) there is a reasonable prospect that
the individual or family will be able to resume
payments within a reasonable period of time;
and
``(B) carrying out relocation activities (including
providing security or utility deposits, rental
assistance for a final month or residence at a
location, assistance with moving costs, or rental
assistance for not more than 6 months) for moving into
transitional or permanent housing individuals and
families who--
``(i) lack housing;
``(ii) are being discharged from a publicly
funded acute care or long-term care facility,
program, or system of care, or are being
terminated from services provided by such a
facility, program, or system, including
discharge from a foster care program; and
``(iii) have plans, developed
collaboratively by the public entities involved
and the individuals and families, for securing
or maintaining housing after any funding
provided under this title is used.
``(8) Independently owned.--The term `independently owned',
used with respect to rental assistance, means assistance
provided pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor;
and
``(ii) an independent entity that--
``(I) is a private organization;
and
``(II) owns or leases dwelling
units; and
``(B) provides that rental assistance payments
shall be made to the independent entity and that
eligible persons shall occupy such assisted units.
``(9) Low-demand program.--The term `low-demand program'
means a program that does not require, but offers, in a non-
coercive manner--
``(A)(i) health care services, mental health
services, and substance abuse treatment services; and
``(ii) other supportive services, which may include
medication management, education, counseling, job
training, and assistance in obtaining entitlement
benefits or in obtaining such supportive services; and
``(B) referrals for services described in
subparagraph (A).
``(10) 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)).
``(11) New.--The term `new', used with respect to housing,
means housing for which no assistance has been provided under
this title.
``(12) Operating costs.--The term `operating costs' means
expenses incurred by a recipient or project sponsor operating--
``(A) transitional housing or permanent housing
under this title, with respect to--
``(i) the administration, maintenance,
repair, and security of such housing;
``(ii) utilities, fuel, furnishings, and
equipment for such housing; or
``(iii) conducting an assessment under
section 426(c)(2); and
``(B) supportive housing for homeless individuals
or homeless families under this title, with respect
to--
``(i) the matters described in clauses (i),
(ii), and (iii) of subparagraph (A); and
``(ii) coordination of services as needed
to ensure long-term housing stability.
``(13) Outpatient health services.--The term `outpatient
health services' means outpatient health care services, mental
health services, and outpatient substance abuse treatment
services.
``(14) Permanent housing.--The term `permanent housing'
includes permanent supportive housing.
``(15) Permanent housing development activities.--The term
`permanent housing development activities' means activities--
``(A) to construct, lease, rehabilitate, or acquire
structures to provide permanent housing;
``(B) involving tenant-based, independently owned,
and project-based flexible rental assistance for
permanent housing;
``(C) described in paragraphs (1) through (4) of
section 423(a); or
``(D) involving the capitalization of a dedicated
project account from which payments are allocated for
rental assistance and operating costs of permanent
housing.
``(16) 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.
``(17) Project.--The term `project', used with respect to
activities carried out under subtitle C, means eligible
activities described in section 423(a), undertaken pursuant to
a specific endeavor, such as serving a particular population or
providing a particular resource.
``(18) Project-based.--The term `project-based', used with
respect to rental assistance, means assistance provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor;
and
``(ii) an 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.
``(19) Project sponsor.--The term `project sponsor', used
with respect to proposed eligible activities, means the
organization directly responsible for carrying out the proposed
eligible activities.
``(20) 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.
``(21) Safe haven.--The term `safe haven' means a
facility--
``(A) that provides 24-hour residence for an
unspecified duration for persons who, on entry to the
facility, are unwilling or unable to participate in
mental health or substance abuse treatment programs, or
to receive other supportive services;
``(B) that provides private or semi-private
accommodations;
``(C) that may provide for the common use of
kitchen facilities, dining rooms, and bathrooms;
``(D) that may provide supportive services, on a
drop-in basis, to eligible persons who are not
residents; and
``(E) in which overnight occupancy is limited to no
more than 25 persons.
``(22) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(23) Seriously mentally ill.--The term `seriously
mentally ill' means having 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) 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, and the Commonwealth of
the Northern Mariana Islands.
``(26) Supportive services.--The term `supportive services'
means the services described in section 425.
``(27) Tenant-based.--The term `tenant-based', used with
respect to rental assistance, means assistance that 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--
``(A) in a particular structure or unit for not
more than the first year of the participation; and
``(B) within a particular geographic area for the
full period of the participation, or the period
remaining after the period referred to in subparagraph
(A).
``(28) Transitional housing.--The term `transitional
housing' has the meaning given the term in section 424(b), and
includes transitional supportive housing.''.
SEC. 412. 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 411(3) of this Act) the following new section:
``SEC. 402. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.
``(a) Boards.--A community homeless assistance planning board shall
be established for a geographic area by the relevant parties in that
geographic area, or designated for a geographic area by the Secretary
in accordance with subsection (c), to lead a collaborative planning
process to design, execute, and evaluate programs, policies, and
practices to prevent and end homelessness.
``(b) Membership.--A community board established under subsection
(a) shall be composed of persons--
``(1) who are from a particular geographic area;
``(2) not less than 51 percent of whom are--
``(A) persons who are experiencing or have
experienced homelessness (with not fewer than 2 persons
being individuals who are experiencing or have
experienced homelessness);
``(B) persons who act as advocates for the diverse
subpopulations of persons experiencing homelessness,
including advocates for homeless veterans, the mentally
ill, the physically handicapped, and victims of
domestic violence;
``(C) persons or representatives of organizations
who provide assistance to the variety of individuals
and families experiencing homelessness; or
``(D) superintendents of local educational agencies
or their designees, such as liaisons for homeless
children and youths designated pursuant to section
722(g)(1)(J)(ii) (42 U.S.C. 11432(g)(1)(J)(ii)); and
``(3) the remainder of whom are selected from among--
``(A) government officials, particularly those
officials responsible for administering funding under
programs targeted for persons experiencing homelessness
and other programs for which persons experiencing
homelessness are eligible, including law enforcement
officials responsible for persons on parole or
probation;
``(B) members of the business community;
``(C) members of the religious community or faith-
based organizations; and
``(D) members of neighborhood advocacy
organizations.
``(c) Existing Planning Bodies.--The Secretary may designate an
entity to be a community board if such entity has, prior to the date of
enactment of the Bringing America Home Act, engaged in coordinated,
comprehensive local homeless housing and services planning and applied
for Federal funding to provide homeless assistance.
``(d) Remedial Action.--If the Secretary finds that a community
board for a geographic area does not meet the requirements of this
section, the Secretary may take remedial action to ensure fair
distribution of grant amounts under this title to eligible entities
within that area. Such measures may include designating another body as
a community board or permitting eligible entities to apply directly for
grants.
``(e) 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.
``(f) Duties.--A community board established under subsection (a)
shall--
``(1)(A) design a collaborative process, established
jointly and complied with by its members, for evaluating,
reviewing, and prioritizing projects and applications for
grants under subtitles B and C submitted by eligible entities,
in such a manner as to ensure that the entities further the
goal of preventing and ending homelessness in the geographic
area involved;
``(B)(i)(I) review relevant policies and practices (in
place and planned) of public and private entities in the
geographic area served by the community board to determine if
the policies and practices further or impede the goal described
in subparagraph (A);
``(II) in conducting the review, give priority to the
review of--
``(aa) the discharge planning and service
termination policies and practices of publicly funded
facilities or institutions (such as health care or
treatment facilities or institutions, foster care or
youth facilities, or correctional institutions), and
entities carrying out publicly funded programs and
systems of care (such as health care or treatment
programs, State programs funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.)
(relating to Temporary Assistance for Needy Families),
foster care or youth programs, or correctional
programs), to ensure that such a discharge or
termination does not result in immediate homelessness
for the persons involved;
``(bb) the access and utilization policies and
practices of the entities carrying out mainstream
programs, to ensure that persons at risk of or
experiencing homelessness are able to access and
utilize the programs; and
``(cc) local policies and practices relating to
zoning and enforcement of local statutes, to ensure
that the policies and practices allow reasonable
inclusion and distribution in the geographic area of
special needs populations and families with children;
and
``(III) in conducting the review, determine the
modifications and corrective actions that need to be taken, and
by whom, to ensure that the relevant policies and practices do
not stimulate, or prolong, homelessness in the geographic area;
``(ii) inform the entities of the determinations described
in clause (i); and
``(iii) once every 3 years, prepare for inclusion in any
application reviewed by the community board and submitted to
the Secretary under section 422, the determinations described
in clause (i), in the form of an exhibit entitled `Assessment
of Relevant Policies and Practices, and Needed Corrective
Actions to End and Prevent Homelessness'; and
``(C) if the community board designs and carries out the
projects, design and carry out the projects in such a manner as
to further the goal described in subparagraph (A);
``(2) require, consistent with the Government Performance
and Results Act of 1993 and amendments made by that Act, that
recipients and project sponsors who are funded by grants
received under this title implement and maintain an outcome-
based evaluation of their projects that measures effective and
timely delivery of housing or services and whether provision of
such housing or services results in preventing or ending
homelessness for the persons that such recipients and project
sponsors serve;
``(3) require, consistent with the Government Performance
and Results Act of 1993 and amendments made by that Act,
outcome-based evaluation of the community board's homeless
assistance planning process to measure the community board's
performance in preventing or ending the homelessness of persons
in the community board's geographic area; and
``(4) participate in the Consolidated Plan for the
geographic area served by the community board.''
SEC. 413. TECHNICAL ASSISTANCE AND PERFORMANCE REPORTS.
Subtitle A 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 411(2) of this Act) the following new sections:
``SEC. 404. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall provide technical assistance
to--
``(1) States, metropolitan cities, urban counties, and
counties that are not urban counties, that have not applied
for, or have failed to receive, funding under this title, in
order to implement effective planning processes for preventing
and ending homelessness and to improve their capacity to
prepare collaborative applications; and
``(2) community boards or their predecessor homeless
planning bodies in States, metropolitan cities, urban counties,
and counties that are not urban counties, that have not applied
for, or have failed to receive, funding under this title, in
order to improve their capacity to prepare collaborative
applications.
``(b) Reservation.--The Secretary shall reserve not more than 1
percent of the funds made available for any fiscal year for carrying
out subtitles B and C, to provide technical assistance under subsection
(a).
``SEC. 405. PERFORMANCE REPORTS.
``(a) In General.--Each community board shall submit to the
Secretary an annual performance report regarding the activities carried
out with grant amounts received under subtitles B and C in the
geographic area served by the community board, at such time and in such
manner as the Secretary determines to be reasonable.
``(b) Content.--The performance report described in subsection (a)
shall--
``(1) describe the number of persons provided homelessness
prevention assistance, and the number of individuals and
families experiencing homelessness who were provided shelter,
housing, or supportive services, with the grant amounts awarded
in the fiscal year prior to the fiscal year in which the report
was submitted, including measurements of the number of persons
experiencing homelessness who--
``(A) entered permanent housing, and the length of
time such persons resided in that housing, if known;
``(B) entered transitional housing, and the length
of time such persons resided in that housing, if known;
``(C) obtained or retained jobs;
``(D) increased their income, including increasing
income through the receipt of government benefits;
``(E) received mental health or substance abuse
treatment in an institutional setting and now receive
that assistance in a less restrictive, community-based
setting;
``(F) received additional education, vocational or
job training, or employment assistance services; and
``(G) received additional physical, mental, or
emotional health care;
``(2) estimate the number of persons experiencing
homelessness in the geographic area served by the community
board who are eligible for, but did not receive, services,
housing, or other assistance through the programs funded under
subtitles B and C in the prior fiscal year;
``(3) indicate the accomplishments achieved within the
geographic area to prevent the homelessness of persons
discharged from publicly funded institutions or systems of care
(such as health care facilities, foster care or other youth
facilities or systems of care, institutions or systems of care
relating to the temporary assistance to needy families program
established under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), and corrections programs and
institutions); and
``(4) assess the consistency and coordination between the
programs funded under subtitles B and C in the prior fiscal
year and the Consolidated Plan.
``(c) Waiver.--The Secretary may grant a waiver to any community
board that is unable to provide information required by subsection (b).
Such community board shall submit a plan to provide such information
within a reasonable period of time.''.
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
Subtitle A of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11361 et seq.) is amended by inserting after section 406 (as so
redesignated by section 411(2) of this Act) the following new section:
``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out title II and
this title $2,000,000,000 for fiscal year 2007 and such sums as may be
necessary for each of fiscal years 2008, 2009, 2010, and 2011.''.
Subtitle B--Emergency Shelter Grants Program
SEC. 421. GRANT ASSISTANCE.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 412 (42 U.S.C. 11372) and inserting the following new section:
``SEC. 412. GRANT ASSISTANCE.
``(a) In General.--The Secretary shall make grants to States and
local governments (and to private nonprofit organizations providing
assistance to persons experiencing homelessness, in the case of grants
made with reallocated amounts) for the purpose of carrying out
activities described in section 414.
``(b) Coordination With Community Boards.--An entity that receives
a grant under this section and serves an area that includes one or more
geographic areas (or portions of such areas) served by community boards
that submit applications under subtitle C, shall allocate the funds
made available through the grant to carry out activities described in
section 414, in consultation with such community boards.''.
SEC. 422. AMOUNT AND ALLOCATION OF ASSISTANCE.
Section 413 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11373) is amended--
(1) in subsection (b)--
(A) by striking ``amounts appropriated'' and all
that follows through ``for any'' and inserting
``amounts appropriated under section 407 and made
available to carry out this subtitle for any''; and
(B) by striking ``subsection (a)'' and inserting
``subsection (b)'';
(2) in subsection (d)(1), by striking ``subsection (b)''
and inserting ``subsection (c)'';
(3) by redesignating subsections (a) through (e) as
subsections (b) through (f), respectively; and
(4) by inserting before subsection (b) (as so redesignated
by paragraph (3) of this section) the following new subsection:
``(a) Limitation on Amounts Used for Emergency Shelter.--Of the
amount made available to carry out this subtitle and subtitle C for a
fiscal year, the Secretary shall allocate nationally for use under this
subtitle an aggregate amount not exceeding 15 percent of such total
amount.''.
SEC. 423. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 414 (42 U.S.C. 11374) and inserting the following new section:
``SEC. 414. ELIGIBLE ACTIVITIES.
``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, including
services concerned with employment, health, or education,
family support services for homeless youth, alcohol or drug
abuse prevention or treatment, or mental health treatment, 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.
``(4) For homelessness prevention activities.''.
SEC. 424. REPEALS.
Sections 417 and 418 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11377, 11378) are hereby repealed.
Subtitle C--Continuum of Care Program
SEC. 431. 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 section 422 (42 U.S.C. 11382) and inserting
the following new section:
``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.
``(a) Eligible Applicant.--In this section, the term `eligible
applicant' means a collaborative applicant or solo applicant.
``(b) Projects.--The Secretary shall award grants to eligible
applicants to carry out homeless assistance and prevention projects.
``(c) 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 enactment of the appropriate Act making appropriations for the
Department of Housing and Urban Development for such fiscal year.
``(d) Applications.--
``(1) In general.--To receive a grant under subsection (b),
an eligible applicant shall submit an application for the grant
to a community board in accordance with the collaborative
process established by the board, as described in section 402,
and have such application reviewed, approved, and prioritized
by such community board, except that a solo applicant may
submit such application to the Secretary without participating
in such process if the applicant includes information in such
application regarding why the applicant has not participated.
``(2) Contents.--To receive the grant, after receiving
approval from the community board for the application, the
eligible applicant shall submit an application to the Secretary
at such time and in such manner as the Secretary may require,
and containing--
``(A) the application submitted to the community
board; and
``(B) other information that, in addition to
including the information described in subsections (a)
and (c) of section 426, shall--
``(i) describe the establishment and
function of the community board, including--
``(I) the nomination and selection
process for such board, including the
names and affiliations of all such
board members;
``(II) all meetings held by such
board in preparing the collaborative
application, including identification
of those meetings that were public; and
``(III) all meetings between board
representatives, and persons
responsible for administering the
consolidated plan;
``(ii) outline the range of housing and
service programs available to persons
experiencing homelessness or imminently at risk
of experiencing homelessness and describe the
unmet needs that remain in the geographic area
for which the collaborative applicant seeks
funding regarding--
``(I) prevention activities,
including providing assistance in--
``(aa) making mortgage,
rent, or utility payments; or
``(bb) accessing permanent
housing and transitional
housing for individuals (and
families that include the
individuals) who are being
discharged from a publicly
funded facility, program, or
system of care, or whose
services (from such a facility,
program, or system of care) are
being terminated, including
discharge from a foster care
program;
``(II) outreach activities to
assess the needs and conditions of
persons experiencing homelessness;
``(III) emergency shelters,
including the supportive and referral
services the shelters provide;
``(IV) transitional housing with,
as needed, appropriate supportive
services to help persons experiencing
homelessness who are not yet able or
prepared to make the transition to
permanent housing and independent
living;
``(V) permanent housing to help
meet the long-term needs of individuals
and families experiencing homelessness;
and
``(VI) needed supportive services;
``(iii) prioritize the projects for which
the collaborative applicant seeks funding
according to the unmet needs in the fiscal year
in which the applicant submits the application
as described in clause (ii);
``(iv) identify funds from private and
public sources, other than funds received under
subtitle B and this subtitle, that the State,
units of general local government, recipients,
project sponsors, and others will use for
homelessness prevention, emergency shelter,
supportive services, transitional housing,
permanent housing, and permanent supportive
housing that will be integrated with the
assistance provided under subtitle B and this
subtitle;
``(v) identify funds provided by the State
and units of general local government under
programs targeted for persons experiencing
homelessness, and other programs for which
persons experiencing homelessness are eligible,
including programs identified by the General
Accounting Office in the February 1999 report
entitled `Homelessness: Coordination and
Evaluation of Programs Are Essential';
``(vi) explain--
``(I) how the collaborative
applicant will meet the housing and
service needs of individuals and
families experiencing homelessness in
the applicant's community; and
``(II) the strategy of the State,
units of general local government, and
private entities in the geographic area
over the next 5 years to prevent and
end homelessness, including, as part of
that strategy, a work plan for the
applicable fiscal years;
``(vii) report on the outcome-based
performance of the homeless programs within the
geographic area served by the collaborative
applicant that were funded under this title in
the fiscal year prior to the fiscal year in
which the application is submitted;
``(viii) include any relevant required
agreements under this subtitle;
``(ix) contain a certification of
consistency with the consolidated plan pursuant
to section 403;
``(x) contain a certification that the
applicable States and units of general local
government are not penalizing homeless
individuals and families--
``(I) through laws, ordinances, or
policies based upon their status as
homeless; or
``(II) by using zoning laws,
ordinances, or policies to prevent the
siting of facilities designed to serve
the homeless;
``(xi) contain such certifications and
assurances as the Secretary, in consultation
with the Secretary of Education, considers
appropriate to ensure that--
``(I) the applicable States and
State and local educational agencies
agree to comply with the requirements
applicable to such States and agencies
that receive grants under subtitle B of
title VII of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11431 et seq.); and
``(II) the strategy referred to in
clause (vi)(II) will take the
educational needs of children into
account when families are placed in
emergency or transitional shelter and
will, to the maximum extent
practicable, place families with
children as close to possible to their
school of origin so as not to disrupt
such children's education; and
``(xii)(I) in the case of a collaborative
applicant, include an exhibit described in
section 402(f)(1)(B)(iii) and prepared by the
community board in accordance with that
section; or
``(II) in the case of a solo applicant,
include an exhibit described in section
402(f)(1)(B)(iii) and prepared by the
applicant.
``(3) Announcement of awards.--The Secretary shall
announce, not later than 5 months after the last date for the
submission of applications described in this subsection for a
fiscal year, the grants awarded under subsection (b) for that
fiscal year.
``(4) Obligation, distribution, and utilization of funds.--
``(A) Requirements for obligation.--
``(i) In general.--Not later than 9 months
after the announcement referred to in paragraph
(3), each recipient or project sponsor seeking
the obligation of funds for a grant announced
under paragraph (3) shall meet all requirements
for the obligation of those funds, including
site control, matching funds, and environmental
review requirements, except as provided in
clause (ii).
``(ii) Acquisition, rehabilitation, or
construction.--Not later than 15 months after
the announcement referred to in paragraph (3),
each recipient or project sponsor seeking the
obligation of funds for acquisition of housing,
rehabilitation of housing, or construction of
new housing for a grant announced under
paragraph (3) shall meet all requirements for
the obligation of those funds, including site
control, matching funds, and environmental
review requirements.
``(iii) Extensions.--At the discretion of
the Secretary, and in compelling circumstances,
the Secretary may extend the date by which a
recipient or project sponsor shall meet the
requirements described in clause (i) 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, or
completing the technical submission
requirements for the project.
``(B) Obligation.--Not later than 45 days after a
recipient or project sponsor meets the requirements
described in subparagraph (A)(i), the Secretary shall
obligate the funds for the grant involved.
``(C) Distribution.--A recipient that receives
funds through such a grant--
``(i) shall distribute the funds to project
sponsors (in advance of expenditures by the
project sponsors); and
``(ii) shall distribute the appropriate
portion of the funds to a project sponsor not
later than 21 days after receiving a request
for such distribution from the project sponsor.
``(e) Selection Criteria.--In determining whether to award a grant
to an applicant under subsection (b), the Secretary shall consider, in
addition to criteria described in section 426(b)--
``(1) the inclusiveness of the community board involved and
the process the board administered, if applicable;
``(2) the comprehensiveness and coordination of the
homelessness prevention, housing, and services programs
(including discharge planning and service termination
protocols) within the geographic area served by the community
board;
``(3) the extent to which prioritized programs meet unmet
needs;
``(4) the capacity of the geographic area to leverage
funding from other public and private sources;
``(5) the long-term strategy of the applicable States and
units of general local government to combat, prevent, and end
homelessness;
``(6) the performance of the homelessness prevention,
housing, and services programs funded in the fiscal year prior
to the date of submission of the application;
``(7) the need for services in the geographic area;
``(8) the plan by which--
``(A) access to appropriate permanent housing will
be secured if the proposed project does not include
permanent housing; and
``(B) access to outcome-effective supportive
services will be secured for residents or consumers
involved in the project who are willing to use the
services;
``(9) the evaluation plan for evaluations of the project,
which--
``(A) will use periodically collected information
and analysis to determine whether the project has
resulted in enhanced stability and well-being of the
residents or consumers served by the project;
``(B) will include evaluations obtained directly
from the individuals or families served by the project;
and
``(C) will be submitted by the recipient for the
grant to the community board for review and use in
assessments, conducted by the board consistent with the
board's duty to ensure effective outcomes that
contribute to the goal of preventing and ending
homelessness in the geographic area served by the
board;
``(10) the extent to which the applicable States and units
of general local government have made commitments to and are
taking actions to uphold the civil rights of homeless families
and individuals, including removing or repealing any policies
or laws criminalizing homelessness, and have established
procedures to document abuses of such civil rights; and
``(11) any other criteria the Secretary determines to be
reasonably appropriate.
``(f) Notification of Pro Rata Estimated Grant Amounts.--
``(1) Notice.--The Secretary shall inform each community
board, at a time concurrent with the release of the notice of
funding availability for the grants, of the pro rata estimated
grant amount under this subtitle for the geographic area
represented by the board.
``(2) Amount.--
``(A) Basis.--Such estimated grant amount shall be
based on a percentage of the total funds available, or
estimated to be available, to carry out this subtitle
for any fiscal year that is equal to the percentage of
the total amount available for section 106 of the
Housing and Community Development Act of 1974 (42
U.S.C. 5306) for the prior fiscal year that--
``(i) was allocated to all metropolitan
cities and urban counties within the geographic
area represented by the Board; or
``(ii) would have been distributed to all
counties within such geographic area that are
not urban counties, if the 30 percent portion
of the allocation to the State involved (as
described in subsection (d)(1) of that section
106) for that year had been distributed among
the counties that are not urban counties in the
State in accordance with the formula specified
in that subsection (with references in that
subsection to nonentitlement areas considered
to be references to those counties).
``(B) Adjustment.--In computing the estimated grant
amount, the Secretary shall adjust the estimated grant
amount determined pursuant to subparagraph (A) to
ensure that--
``(i) 75 percent of the total funds
available, or estimated to be available, to
carry out this subtitle for any fiscal year are
allocated to the metropolitan cities and urban
counties that received a direct allocation of
funds under section 413 for the prior fiscal
year; and
``(ii) 25 percent of the total funds
available, or estimated to be available, to
carry out this subtitle for any fiscal year are
allocated--
``(I) to the metropolitan cities
and urban counties that did not receive
a direct allocation of funds under
section 413 for the prior fiscal year;
and
``(II) to counties that are not
urban counties.
``(C) Combinations or consortia.--For any community
board that represents a combination or consortium of
cities or counties, the estimated grant amount shall be
the sum of the estimated grant amounts for the cities
or counties represented by the board.
``(g) Appeals.--
``(1) In general.--Not later than 3 months after the date
of enactment of the Bringing America Home Act, 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 community boards,
entities carrying out homeless housing and services projects
(including emergency shelters and homelessness prevention
programs), homeless planning bodies not designated by the
Secretary as community boards, and all other applicants under
this subtitle.
``(h) Solo Applicants.--A solo applicant may submit an application
to the Secretary for a grant under subsection (b) and be awarded such
grant on the same basis as such grants are awarded to other applicants
based on the criteria described in subsection (e). The Secretary may
award such grants directly to such applicants in a manner determined to
be appropriate by the Secretary.''.
SEC. 432. 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 only to carry out homeless assistance and
prevention projects 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
independently owned rental assistance.
``(5) Payment of operating costs for housing units assisted
under this subtitle.
``(6) Supportive services.
``(7) Homelessness prevention activities, subject to
subsection (b).
``(b) Eligibility for Funds for Homelessness Prevention
Activities.--
``(1) Application requirement.--To be eligible to receive
grant funds under section 422 to carry out homelessness
prevention activities, an applicant shall submit an application
to the Secretary under section 422 that shall include a
certification in which--
``(A) the relevant public entities in the
geographic area involved certify compliance with
paragraph (2); and
``(B) the publicly funded institutions, facilities,
and systems of care in the geographic area certify that
the institutions, facilities, and systems of care will
take, and fund directly, all reasonable measures to
ensure that the institutions, facilities, and systems
of care do not discharge individuals into homelessness.
``(2) Supplementation requirement.--Funds appropriated
under section 407 and made available for homelessness
prevention activities shall be used to supplement, and not
supplant, other Federal, State, and local public funds used for
homelessness prevention.
``(c) 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 (7) 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 benefiting 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; or
``(B) all of the proceeds of the sale or
disposition are used to provide transitional or
permanent housing meeting the requirements of this
subtitle.''.
SEC. 433. PROGRAM REQUIREMENTS.
Section 426 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11386) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Applications''
and all that follows through ``shall'' and inserting
``Applications for assistance under section 422
shall'';
(B) in paragraph (2)--
(i) by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) a description of the size and characteristics
of the population that would occupy housing units or
receive supportive services assisted under this
subtitle;''; and
(ii) in subparagraph (E), by striking ``in
the case of projects assisted under this title
that do not receive assistance under such
sections,''; and
(C) in paragraph (3), in the last sentence, by
striking ``recipient'' and inserting ``recipient or
project sponsor'';
(2) in subsection (d), in the first sentence, by striking
``recipient'' and inserting ``recipient or project sponsor'';
(3) by striking subsection (e);
(4) by redesignating subsections (f), (g), and (h), as
subsections (e), (f), and (g), respectively;
(5) in subsection (f) (as so redesignated by paragraph (4)
of this section), in the first sentence, by striking
``recipient'' each place it appears and inserting ``recipient
or project sponsor'';
(6) by striking subsection (i); and
(7) by redesignating subsection (j) as subsection (h).
SEC. 434. 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. ALLOCATION OF AMOUNTS FOR SPECIFIC ELIGIBLE ACTIVITIES.
``(a) Prevention Activities.--From the amount made available to
carry out this subtitle for each fiscal year (not including any amounts
made available under section 407 and allocated for use under subtitle
B), an amount equal to not more than 3 percent shall be used for
prevention activities described in section 423(a)(9).
``(b) 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.
``SEC. 428. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR GRANT AMOUNTS
FOR PERMANENT HOUSING.
``(a) In General.--Of the total amount available for use in
connection with this subtitle, such sums as may be necessary shall be
designated for the purpose of renewing expiring contracts within the
`Homeless Assistance Grants account' of the Department of Housing and
Urban Development.
``(b) Renewals.--Amounts designated for use pursuant to subsection
(a) shall be available for the renewal of contracts funded under this
subtitle, or under subtitle C or F, for homeless individuals and
homeless families. The Secretary shall determine whether to renew a
contract on the basis of demonstrated need for the project and the
compliance of the entity carrying out the project with appropriate
standards of housing quality and habitability as determined by the
Secretary.
``SEC. 429. ADMINISTRATIVE EXPENSES.
``(a) Administrative Expenses.--Grant amounts awarded under this
subtitle may be used for administrative expenses, including expenses
for--
``(1) carrying out routine grant administration and
monitoring activities;
``(2) receipt and disbursement of program funds;
``(3) preparation of financial and performance reports,
including carrying out management information system functions;
and
``(4) compliance with grant conditions and audit
requirements.
``(b) Limitations on Administrative Expenses.--A portion, of not
more than 6 percent, of grant amounts awarded under this subtitle may
be used for administrative expenses described in subsection (a), and
not less than \1/2\ of such portion shall be allocated to nonprofit
organizations and other project sponsors to fund management information
system functions, application preparation, and preparation of annual
performance and other evaluation reports.
``SEC. 430. MATCHING FUNDING.
``An entity who submits an application and receives a grant under
this subtitle shall make available contributions, in cash or in donated
services, in an amount equal to not less than 25 percent of the Federal
funds provided under the grant.
``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.''.
Subtitle D--Repeals and Conforming Amendments
SEC. 441. REPEALS.
Subtitles D, E, F, and G of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., 11403 et seq.,
and 11408 et seq.) are hereby repealed.
SEC. 442. CONFORMING AMENDMENTS.
(a) Consolidated Plan.--Section 403(1) of the McKinney-Vento
Homeless Assistance Act (as so redesignated by section 411(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) is amended by
adding at the end the following new subsection:
``(d) Persons Experiencing Homelessness.--Any references in this
Act to homeless individuals (including homeless persons) or homeless
groups (including the homeless) shall be considered to include, and to
refer to, individuals experiencing homelessness or groups experiencing
homelessness, respectively.''.
SEC. 443. 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 items 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--Comprehensive Homeless Assistance Plan
``Sec. 401. Definitions.
``Sec. 402. Community homeless assistance planning boards.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Technical assistance.
``Sec. 405. Performance reports.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Authorization of appropriations.
``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.
``Subtitle C--Continuum of Care Program
``Sec. 421. Purpose.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Supportive housing.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Allocation of amounts for specific eligible activities.
``Sec. 428. Renewal funding and terms of assistance for grant amounts
for permanent housing.
``Sec. 429. Administrative expenses.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.''.
TITLE V--HEALTH SECURITY
Subtitle A--General Provisions
SEC. 501. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) The United States has the most expensive health care
system in the world in terms of absolute costs, per capita
costs, and percentage of gross domestic product (GDP).
(2) Despite being first in spending, the World Health
Organization has ranked the United States 37th among all
nations in terms of meeting the needs of its people.
(3) 45,000,000 Americans, including 9,000,000 children, are
uninsured.
(4) Tens of millions more Americans are inadequately
insured, including medicare beneficiaries who lack access to
prescription drug coverage and long term care coverage.
(5) Racial, income, and ethnic disparities in access to
care threaten communities across the country, particularly
communities of color.
(6) Health care costs continue to increase, jeopardizing
the health security of working families and small businesses.
(7) Any health care reform must ensure that health care
providers and practitioners are able to provide patients with
the quality care they need.
(b) Sense of Congress.--It is the sense of the Congress that
legislation should be enacted to guarantee that every person in the
United States, regardless of income, age, or employment or health
status, has access to health care that--
(1) is affordable to individuals and families, businesses
and taxpayers and that removes financial barriers to needed
care;
(2) is as cost efficient as possible, spending the maximum
amount of dollars on direct patient care;
(3) provides comprehensive benefits, including benefits for
mental health, co-occurring disorders, and long term care
services;
(4) promotes prevention and early intervention;
(5) includes parity for mental health, co-occurring
disorders and other services;
(6) eliminates disparities in access to quality health
care;
(7) addresses the needs of people with special health care
needs and underserved populations in rural and urban areas;
(8) promotes quality and better health outcomes;
(9) addresses the need to have adequate numbers of
qualified health care caregivers, practitioners, and providers
to guarantee timely access to quality care;
(10) provides adequate and timely payments in order to
guarantee access to providers;
(11) fosters a strong network of health care facilities,
including safety net providers;
(12) ensures continuity of coverage and continuity of care;
(13) maximizes consumer choice of health care providers and
practitioners; and
(14) is easy for patients, providers and practitioners to
use and reduces paperwork.
SEC. 502. SENSE OF CONGRESS REGARDING MEDICAID EXPANSION.
(a) Findings.--The Congress finds that--
(1) impoverished people are unable to purchase insurance in
the private market because of soaring costs;
(2) over one-half of poor and homeless Americans and two-
thirds of homeless adults unaccompanied by children have no
health insurance at all, primarily because they do not qualify
for public health insurance and because they cannot afford
private health insurance;
(3) only 30 percent of surveyed homeless persons nationwide
and 20 percent of clients receiving services through the Health
Care for the Homeless Program are beneficiaries of the Medicaid
program or the State Children's Health Insurance Program under
title XXI of the Social Security Act (SCHIP);
(4) in all but nine states the Medicaid and SCHIP programs
currently exclude single non-disabled adults;
(5) safety-net health care providers are often unable to
obtain access to specialty care and medications for patients
who are uninsured;
(6) research has shown that people with health insurance
have better access to health care than do those receiving
safety net services alone; and
(7) Medicaid helps prevent and end homelessness by
increasing the access of impoverished people to comprehensive
health care.
(b) Sense of Congress.--It is the sense of the Congress that
legislation should be enacted--
(1) to expand Medicaid to all individuals with incomes
below 200 percent of the Federal poverty line;
(2) to ensure that Medicaid services remain affordable for
beneficiaries by eliminating cost sharing for beneficiaries
with incomes below the Federal poverty line; and
(3) to mandate expedited enrollment for Medicaid applicants
experiencing homelessness.
SEC. 503. AUTHORIZATIONS OF APPROPRIATIONS FOR CERTAIN PROGRAMS.
(a) Community Mental Health Services Block Grant.--Section 1920(a)
of the Public Health Service Act (42 U.S.C. 300x-9(a)) is amended by
striking ``there are authorized'' and all that follows and inserting
the following: ``there are authorized to be appropriated $500,000,000
for fiscal year 2007, and such sums as may be necessary for each of the
fiscal years 2008 through 2011.''.
(b) Substance Abuse Prevention and Treatment Block Grant.--Section
1935(a) of the Public Health Service Act (42 U.S.C. 300x-35(a)) is
amended by striking ``there are authorized'' and all that follows and
inserting the following: ``there are authorized to be appropriated
$2,500,000,000 for fiscal year 2007, and such sums as may be necessary
for each of the fiscal years 2008 through 2011.''.
(c) Projects for Assistance in Transition From Homelessness
(PATH).--Section 535(a) of the Public Health Service Act (42 U.S.C.
290cc-35(a)) is amended by striking ``there is authorized'' and all
that follows and inserting the following: ``there are authorized to be
appropriated $100,000,000 for fiscal year 2007, and such sums as may be
necessary for each of the fiscal years 2008 through 2011.''.
(d) Grants for the Benefit of Homeless Individuals (GBHI).--Section
506(e) of the Public Health Service Act (42 U.S.C. 290aa-5(e)) is
amended by striking ``There is authorized'' and all that follows and
inserting the following: ``For the purpose of carrying out this
section, there are authorized to be appropriated $100,000,000 for
fiscal year 2007, and such sums as may be necessary for each of the
fiscal years 2008 through 2011.''.
Subtitle B--Substance Abuse and Mental Health Services Administration
PART 1--MAINSTREAM ADDICTION AND MENTAL HEALTH SERVICES PROGRAMS
Subpart A--Discharge Planning
SEC. 511. AVERTING PATIENT DISCHARGE INTO HOMELESSNESS.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.) is amended by adding at the end the following section:
``SEC. 544. DISCHARGE PLANNING IN PRIVATE AND PUBLIC HOSPITALS AND
INPATIENT FACILITIES.
``Any private or public hospital, nursing home, subacute and
transitional care, hospice, residential treatment, rehabilitation, or
other inpatient facility which receives support in any form from any
State or program supported in whole or in part by funds appropriated to
any Federal department or agency pursuant to this title XIX shall have
established a system designed to ensure that individuals in such
facilities are referred to the most medically appropriate level of care
and discharged from such facilities in such a manner that ensures that
such individuals are placed in stable and appropriate housing, as soon
as such referral is medically indicated.''.
Subpart B--Provision of Appropriate Services
SEC. 516. APPLICATION OF KNOWLEDGE DEVELOPMENT FINDINGS TO SERVICE
DELIVERY.
(a) State Plan for Comprehensive Community Health Services for
Certain Individuals.--Section 1912(b) of the Public Health Service Act
is amended by inserting after paragraph (5) the following:
``(7) Replication of successful models.--The plan describes
the manner in which resources will be allocated to entities
that agree to replicate successful models of prevention, early
intervention, and treatment, and rehabilitation as identified
by the Administrator.''.
(b) Application for Grant; Approval of State Plan.--Section 1932(b)
of the Public Health Service Act (42 U.S.C. 300x-32(b)), as amended by
section 522(2) of this Act, is amended by adding at the end the
following paragraph:
``(5) Replication of successful models.--The plan submitted
under subsection (a)(6) shall describe the manner in which
resources will be allocated to entities that agree to replicate
successful models of prevention, early intervention, and
treatment, and rehabilitation as identified by the
Administrator.''.
Subpart C--Grantee Planning, Reporting, and Capacity-Building
SEC. 521. EXPANSION OF PARTICIPATION IN GRANTEE PLANNING.
Subpart II of part B of title XIX of the Public Health Service Act
(42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1927
the following section:
``SEC. 1927B. STATE SUBSTANCE ABUSE PLANNING COUNCIL.
``(a) In General.--A funding agreement for a grant under section
1921 is that the State involved will establish and maintain a State
substance abuse planning council in accordance with the conditions
described in this section.
``(b) Duties.--A condition under subsection (a) for a Council is
that the duties of the Council are--
``(1) to review plans submitted under section 1932 and to
submit to the State any recommendations of the Council for
modifications to the plans;
``(2) to serve as an advocate for individuals with
substance abuse disorders;
``(3) to monitor, review, and evaluate, not less than once
each year, the allocation of funds for, and adequacy of,
substance abuse service within the State.
``(c) Membership.--
``(1) In general.--A condition under subsection (a) for a
Council is that the Council be composed of residents of the
State, including representatives of--
``(A) the principal State agencies with respect
to--
``(i) substance abuse, mental health,
primary health, HIV/AIDS, education, vocational
rehabilitation, criminal justice, housing,
youth services, and social services; and
``(ii) the development of the plan
submitted pursuant to title XIX of the Social
Security Act;
``(B) public, private, and nonprofit entities
concerned with the need, planning, operation, funding,
and use of substance abuse services and related support
service, including those concerned with homeless
individuals;
``(C) individuals who are receiving substance abuse
services; and
``(D) the families of such individuals.
``(2) Certain requirements.--A condition under subsection
(a) for a Council is that not less than 40 percent of the
members of the Council are individuals who are not State
employees or providers of substance abuse services.
``(d) Definition.--For purposes of this section, the term `Council'
means a State substance abuse planning council.
``(e) Additional Provision.--The Secretary may make a grant under
Section 1921 to a State only if--
``(1) the plan submitted under section 1932 with respect to
the grant and the report of the State under section 1942(a)
concerning the preceding fiscal year has been reviewed by the
State substance abuse planning council established under this
section; and
``(2) the State submits to the Secretary any
recommendations received by the State from such council for
modifications to the plan (without regard to whether the State
has made the recommended modifications) and any comments
concerning the annual report.''.
SEC. 522. DOCUMENTATION OF NEEDS OF AND ESTABLISHING PRIORITIES FOR
HOMELESS POPULATION.
Section 1932(b) of the Public Health Service Act (42 U.S.C. 300x-
32(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--A plan submitted by a State under
subsection (a)(6) is in accordance with this subsection if--
``(A) the plan contains detailed provisions for
complying with each funding agreement for a grant under
section 1921 that is applicable to the State, including
a description of the manner in which the State intends
to expend the grant; and
``(B) the plan meets the criteria specified in
subsection (b)(4).''; and
(2) by adding at the end the following paragraph:
``(4) Criteria for plan.--With respect to the provision of
services under Section 1921, the criteria referred to in
subsection (b)(1) are as follows:
``(A) Comprehensive community-based substance abuse
prevention and treatment systems.--The plan provides
for a coordinated community-based system of care for
individuals with substance abuse or at-risk of
substance abuse and describes available services and
resources in a comprehensive system of care, including
services for dually-diagnosed individuals. The
description of the system of care shall include
substance abuse prevention services, substance abuse
treatment services, primary health services, mental
health services, rehabilitation services, employment
services, housing services, educational services,
medical and dental care, and other support services to
be provided to individuals with Federal, State, and
local public and private resources. The plan shall
include a separate description of case management
services and provide for activities leading to
reduction in need for hospitalization.
``(B) Substance abuse prevention and treatment
system data and epidemiology.--The plan contains an
estimate of the incidence and prevalence in the State
of substance abuse among adults and children, including
individuals who are homeless, and presents quantitative
targets to be achieved in the implementation of the
system described in subparagraph (B).
``(C) Targeted services to rural and homeless
populations.--The plan describes the State's outreach
to and services for individuals who are homeless and
how community-based services will be provided to
individuals residing in rural areas, including
individuals who are homeless.
``(D) Management systems.--The plan describes the
financial resources, staffing, and training for
substance abuse prevention and treatment providers that
is necessary to implement the plan, and provides for
the training of providers of emergency health services
regarding substance abuse. The plan further describes
the manner in which the State intends to expend the
grant under Section 1921 for the fiscal year
involved.''.
Subpart D--Designation of Persons Experiencing Homelessness as Priority
Population
SEC. 526. REQUIRING GRANTEES TO DIRECT FUNDS TO PERSONS EXPERIENCING
HOMELESSNESS.
(a) Treatment Services Regarding Substance Abuse.--Subpart II of
part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21
et seq.), as amended by section 521 of this Act, is further amended by
inserting before section 1927B the following section:
``SEC. 1927A. TREATMENT SERVICES FOR PERSONS EXPERIENCING HOMELESSNESS.
``(a) In General.--A funding agreement for a grant under section
1921 is that the State involved--
``(1) will ensure that each person experiencing
homelessness in the State who seeks or is referred for and
would benefit from such services is given preference in
admission to treatment facilities receiving funds pursuant to
the grant; and
``(2) will, in carrying out paragraph (1), publicize to
persons experiencing homelessness the availability of services
from the facilities and the fact that the persons receive such
preferences.
``(b) Referrals Regarding States.--A funding agreement for a grant
under section 1921 is that, in carrying out subsection (a)(1)--
``(1) the State involved will require, that in the event
that a treatment facility has insufficient capacity to provide
treatment services to any person experiencing homelessness
described in such subsection who seeks the services from the
facility, the facility refer the person to the State; and
``(2) the State, in the case of each person experiencing
homelessness for whom a referral under paragraph (1) is made to
the State--
``(A) will refer the person to a treatment facility
that has the capacity to provide treatment services to
the person; or
``(B) will, if no treatment facility has the
capacity to admit the person, make interim services
available to the person at the time the person seeks
the treatment services.''.
(b) Preference Regarding Mental Health Services.--Section 1912(b)
of the Public Health Service Act (42 U.S.C. 300x-2(b)), as amended by
section 516(a) of this Act, is further amended by inserting after
paragraph (5) the following:
``(6) Homeless individuals.--The plan provides that
homeless individuals are to receive preference in the provision
of services provided under grants under section 1911.''.
SEC. 527. PRIORITIZATION OF SERVICES FOR RUNAWAY, HOMELESS, AND STREET
YOUTH.
Section 517(b) of the Public Health Service Act (42 U.S.C. 290bb-
23(b)) is amended--
(1) in paragraph (1), by inserting ``runaway, homeless, and
street children and youth,'' after ``adolescent parents,''; and
(2) in paragraph (2), by inserting ``homelessness,'' after
``suicide,''.
SEC. 528. DEFINITION OF RUNAWAY, HOMELESS, AND STREET YOUTH AS HIGH
RISK.
Section 517(g) of the Public Health Service Act (42 U.S.C. 290bb-
23(g)) is amended--
(1) in paragraph (9), by striking ``or'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; or''; and
(3) by adding at the end the following paragraph:
``(11) is a runaway, homeless, or street youth.''.
Subpart E--Federal Program Management
SEC. 531. ESTABLISHMENT OF FEDERAL PLAN ON ADDICTION, MENTAL ILLNESS,
AND HOMELESSNESS.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.), as amended by section 511 of this Act, is further amended by
adding at the end the following section:
``SEC. 545. FEDERAL PLAN ON ADDICTION, MENTAL ILLNESS, AND
HOMELESSNESS.
``(a) Plan Elements.--Within one year after the date of the
enactment of this section, the Secretary shall prepare and submit to
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate a plan that describes--
``(1) current federal, state, and local public policies and
practices regarding homelessness and addiction and mental
illness prevention, early intervention, treatment, and
rehabilitation;
``(2) identifies administrative and statutory access and
care barriers and opportunities for persons experiencing
homelessness with addictive and mental disorders; and
``(3) recommends administrative and legislative actions
that would increase homeless persons' access to addiction and
mental health services and improves the appropriateness and
quality of care they receive through such systems and programs.
``(b) Plan Sub-Elements.--The plan should describe the elements as
provided in subsection (a) for the following topics:
``(1) Grantee planning, reporting, and capacity-building.
``(2) Consumer involvement.
``(3) Designation of priority populations.
``(4) Outreach and enrollment.
``(5) Participant tracking.
``(6) Elimination of regulatory and administrative
impediments.
``(7) Provision of appropriate services.
``(8) Discharge planning.
``(9) Outcome measurement.
``(c) Consultation.--In establishing the plan required under
subsection (a), the Secretary shall consult with homeless children,
youth, families, and individuals with addictive and mental disorders,
nonprofit organizations advocating for persons experiencing
homelessness, homeless health, housing, and support service providers,
and public agency representatives.
``(d) Plan Implementation.--Within one year after the date of
enactment of this section, the Secretary shall implement administrative
recommendations identified in subsection (a)(3).''.
PART 2--TARGETED HOMELESS ADDICTION AND MENTAL HEALTH SERVICES PROGRAMS
Subpart A--Reauthorize, Rename, and Strengthen the Grants for the
Benefit of Homeless Individuals Program
SEC. 541. TREATMENT AND RECOVERY INITIATIVE FOR PERSONS EXPERIENCING
HOMELESSNESS.
Section 506 of the Public Health Service Act (42 U.S.C. 290aa-5) is
amended by striking the section designation and heading and all that
follows through subsection (c) and inserting the following:
``SEC. 506. GRANTS FOR TREATMENT AND RECOVERY INITIATIVE FOR PERSONS
EXPERIENCING HOMELESSNESS.
``(a) In General.--The Secretary, acting through the Administrator
and the Administrator of the Health Resources and Services
Administration, shall make grants to, and enter into contracts and
cooperative agreements with, community based public and private
nonprofit entities for the purpose of developing and expanding the
services specified in section 552(b) for homeless individuals and
families who (1)(A) are suffering from substance abuse; (B) are
suffering from mental illness; or (C) are suffering from substance
abuse and from mental illness; and (2) are homeless or at imminent risk
of becoming homeless. In carrying out this subsection, the
administrator shall consult with the Directors of the national research
institutes of the National Institutes of Health, the Assistant
Secretary of the Administration, the Administrator of the Social
Security Administration, the Secretary of Agriculture, the Secretary of
Education, the Secretary of Housing and Urban Development, the
Secretary of Labor, the Secretary of Transportation, and the Secretary
of Veterans Affairs.
``(b) Preference.--In awarding grants under subsection (a), the
Secretary shall give preference to--
``(1) entities that provide integrated primary health care,
substance abuse and mental health services to homeless
individuals, including health centers receiving grants under
section 330(h);
``(2) entities that demonstrate experience in providing
substance abuse and mental health service to homeless persons;
and
``(3) entities that demonstrate experience in providing
supportive housing or permanent housing to persons experiencing
homelessness in treatment for or in recovery from substance
abuse or mental illness.
``(c) Services for Individuals.--In making awards under subsection
(a), the Secretary may not--
``(1) prohibit the provision of services under such
subsection to individuals experiencing homelessness who are
suffering from substance abuse and are not suffering from
mental illness;
``(2) make payments under subsection (a) to any entity that
has a policy of (A) excluding individuals from mental health
services due to the existence of suspicion of substance abuse;
or (B) has a policy of excluding individuals from substance
abuse services due to the existence or suspicion of mental
illness.''.
Subpart B--Reauthorize and Strengthen the Projects for Assistance in
Transition From Homelessness (PATH) Program
SEC. 551. EXPANSION OF REQUIRED SCOPE OF SERVICES OF PATH PROVIDERS.
Section 522(b) of the Public Health Service Act (42 U.S.C. 290cc-
22(b)) is amended--
(1) by striking paragraphs (4) and (5) and inserting the
following:
``(4) community mental health treatment and support
services;
``(5) alcohol or drug treatment and support services;'';
(2) in paragraph (7), by striking subparagraphs (A) through
(D) and inserting the following:
``(A) preparing a plan for the provision of
community mental health services or substance abuse
services to the eligible homeless individual involved,
and reviewing such plan not less than once every three
months to evaluate its effectiveness in assuring long-
term stability;
``(B) providing assistance in obtaining and
coordinating social and maintenance services for the
eligible homeless individuals, including services
relating to daily living activities, personal financial
planning, transportation services, habilitation and
rehabilitation services, prevocational and vocational
services, and housing services;
``(C) providing assistance to the eligible homeless
individual in obtaining income and medical support
services, including housing assistance, food stamps,
supplemental security income, Medicaid, Medicare, and
veterans affairs assistance, and employment and
training programs;
``(D) referring the eligible homeless individual
for such other services as may be appropriate and
assuring that the service is delivered in a timely
manner for as long as needed to assure long-term
stability; and''; and
(3) in paragraph (10), by striking subparagraph (B) and
inserting the following:
``(B) planning of housing needs at different stages of
recovery and stability;''.
SEC. 552. ENCOURAGEMENT OF STATES TO UTILIZE HEALTH CARE FOR THE
HOMELESS PROJECTS AS PATH PROVIDERS.
Section 522(a) of the Public Health Service Act (42 U.S.C. 290cc-
22(a)) is amended in the matter preceding paragraph (1) by inserting
after ``veterans organizations'' the following: ``, health centers with
active grants under section 330(h),''.
SEC. 553. STATE DESCRIPTIONS OF RESOURCE ALLOCATION PROCESS.
Section 527(a) of the Public Health Service Act (42 U.S.C. 290cc-
27(a)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following
paragraph:
``(3) such description identifies the process the State
intends to use to allocate funds to political subdivisions of
the State and to nonprofit private entities pursuant to section
522;''.
SEC. 554. FEDERAL REPORT ON PATH AND HOMELESS GRANT PROGRAMS.
Part C of title V of the Public Health Service Act (42 U.S.C.
290cc-21 et seq.) is amended by inserting after section 533 the
following section:
``SEC. 533A. ANNUAL REPORT.
``Not later than October 1 of each year, the Secretary shall
prepare and deliver a report to the Committee on Health, Education,
Labor and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives regarding the programs under
this part, including--
``(1) a comprehensive description of the programs;
``(2) a record and a description of the services for which
amounts received under section 521 and section 506 were
expended during the preceding fiscal year;
``(3) a record and description of the recipients of amounts
received under section 521 and section 506 were expended during
the preceding fiscal year;
``(4) a record and description of the consistency and
coordination of programs and services for which amounts
received under section 521 and section 506 were expended during
the preceding fiscal year with applications submitted to the
Department of Housing and Urban Development pursuant to
subtitle C of title IV of the Stewart B. McKinney Homeless
Assistance Act;
``(5) a record and description of the coordination of
programs and services for which amounts received under section
521 and section 506 were expended during the preceding fiscal
year with mental health, substance abuse, housing, health, and
other social service programs funded through federal block
grant, formula grant, competitive grant, and other mechanisms;
and
``(6) such other information as the Secretary deems
useful.''.
SEC. 555. CLARIFICATION OF TARGET POPULATIONS PROVISION OF PATH
STATUTE.
The Congress encourages the Secretary of Health and Human Services
to provide guidance to the States regarding an appropriate definition
of populations eligible for services provided with grants under part C
of title V of the Public Health Service Act. In doing so, the Secretary
should suggest that the States make such services available to homeless
persons or persons at imminent risk of homelessness with serious and
persistent mental impairments as evidenced by a chronicity of symptoms
and inability to function in the community independently.
Subtitle C--Amendments Regarding Ryan White Comprehensive AIDS
Resources Emergency Act of 1990
PART 1--DISCHARGE PLANNING
SEC. 561. AVERTING RWCA PATIENT DISCHARGE INTO HOMELESSNESS.
Section 2604 of the Public Health Service Act (42 U.S.C. 300ff-14)
is amended--
(1) in subsection (b)(1)(C), by inserting ``and in such a
manner as ensures patient placement in stable and appropriate
housing,'' after ``as medically appropriate,''; and
(2) in subsection (d)(1)(D), by inserting ``, and
discharged from inpatient facilities in such a manner as
ensures that such individuals and families are placed in stable
and appropriate housing,'' after ``appropriate level of care''.
PART 2--PROVISION OF APPROPRIATE SERVICES
SEC. 566. AMPLIFICATION OF SCOPE OF RWCA SERVICES.
(a) Emergency Relief Grants.--Subparagraph (A) of section
2604(b)(1) of the Public Health Services Act (42 U.S.C. 300ff-14(b)(1))
is amended to read as follows:
``(A) Outpatient and ambulatory health services,
including outreach, diagnosis, monitoring, medical
services, nursing, substance abuse treatment, mental
health treatment, specialty services, dental services,
nutrition services, medical follow-up, attendant care,
home health services, respite care, recuperative
services, hospice services, developmental services,
rehabilitation services, social services, maintenance
services, public benefit assistance, housing
assistance, educational assistance, employment
assistance, vocational assistance, transportation
assistance, supportive and supervisory services in a
residential setting, and comprehensive treatment
services, which shall include treatment education and
prophylactic treatment for opportunistic infections,
for individuals and families with HIV disease.''.
(b) Grants to Establish HIV Care Consortia.--Paragraph (2) of
section 2613(a) of the Public Health Service Act (42 U.S.C. 300ff-23)
is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) essential health services such as case
management, outreach, medical services, nursing,
substance abuse treatment, mental health treatment,
specialty services, dental services, nutrition
services, diagnostic services, monitoring, prophylactic
treatment for opportunistic infections, treatment
education to take place in the context of health care
delivery, medical follow-up, developmental,
rehabilitation, home health, recuperative, and hospice
care; and''; and
(2) by amending subparagraph (B) to read as follows:
``(B) essential support services such as case
management, transportation, attendant care, homemaker,
day or respite care, public benefits assistance,
advocacy services provided through public and nonprofit
private entities, and services that are complementary
to the provision of health care services for
individuals with HIV disease including social,
maintenance, educational, employment, vocational,
supportive, and supervisory services in a residential
setting, nutrition, housing, and child welfare and
family services (including foster care and adoption
services).''.
SEC. 567. APPLICATION OF KNOWLEDGE DEVELOPMENT FINDINGS TO SERVICE
DELIVERY.
(a) Emergency Relief Grants.--Paragraph (1) of section 2603(b) of
the Public Health Service Act (42 U.S.C. 300ff-13) is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following:
``(H) demonstrates that resources will be allocated
to entities that agree to replicate successful models
of care identified by the Secretary under Section
2691(g).''.
(b) Care Grants.--Section 2611 of the Public Health Service Act (42
U.S.C. 300ff-14) is amended by adding at the end the following:
``(c) Priority.--In providing assistance under paragraphs (1), (2),
and (3) of section 2612, a State shall give priority to entities that
agree to replicate successful models of care identified by the
Secretary under section 2691(g).''.
PART 3--GRANTEE PLANNING, REPORTING, AND CAPACITY BUILDING
SEC. 571. EXPANSION OF PARTICIPATION IN GRANTEE AND CONTRACTOR
PLANNING.
(a) Representation on HIV Health Services Planning Councils.--
Paragraph (2) of section 2602(b) of the Public Health Service Act (42
U.S.C. 300ff-12(b)) is amended--
(1) in subparagraph (E), by inserting ``, housing,
education, employment, rehabilitation, human services, and
corrections'' after ``local public health'';
(2) in subparagraph (G), by inserting ``disproportionately
affected and'' before ``historically underserved'';
(3) in subparagraph (I), by inserting ``, the State housing
agency, the State mental health agency, the State substance
abuse agency, the State educational agency, the State
employment agency, the State rehabilitation agency, the State
human services agency, the State corrections agency,'' before
``and the agency administering the program under part B'';
(4) in subparagraph (L), by striking ``and'' at the end;
(5) in subparagraph (M), by striking the period at the end
and inserting a semicolon; and
(6) by adding at the end the following:
``(N) grantees under Federal housing, homeless
assistance, mental health, substance abuse, education,
employment, rehabilitation, social services, youth
services, and corrections programs; and
``(O) pharmaceutical manufacturers and
retailers.''.
(b) Meetings Convened by State.--Paragraph (5) of section 2617(b)
of the Public Health Service Act (42 U.S.C. 200ff-27) is amended--
(1) by striking ``a meeting of individuals with HIV
disease, representatives of grantees under each part under this
title, providers, and public agency representatives''; and
(2) by striking ``; and'' and inserting ``a meeting of
representatives of--
``(A) health care providers, including federally
qualified health centers;
``(B) community-based organizations serving
affecting populations and AIDS service organizations;
``(C) social service and housing providers;
``(D) mental health and substance abuse providers;
``(E) local public health, mental health, substance
abuse, housing, education, employment, rehabilitation,
human services, and corrections agencies;
``(F) hospital planning agencies or health care
planning agencies;
``(G) affected communities, including people with
HIV disease or AIDS and disproportionately affected and
historically underserved groups and subpopulations;
``(H) non-elected community leaders;
``(I) State government (including the State
Medicaid agency, State housing agency, State mental
health agency, State substance abuse agency, State
education agency, State employment agency, State
rehabilitation agency, State human services agency, and
State corrections agency);
``(J) grantees under each part of this title;
``(K) grantees under other Federal HIV programs;
``(L) grantees under Federal housing, homeless
assistance mental health, substance abuse, education
employment, rehabilitation, social services, youth
services, and corrections programs; and
``(M) pharmaceutical manufacturers and retailers;
and''.
SEC. 572. DEVELOPMENT OF KNOWLEDGE TO STRENGTHEN PROVIDERS' CAPACITY TO
OFFER HOMELESS-COMPETENT SERVICES.
Subsection (e) of section 2691 of the Public Health Service Act (42
U.S.C. 300ff-101) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) programs designed to integrate the delivery of HIV
services with other health, housing, educational, employment,
social, and maintenance services in residential settings.''.
PART 4--DESIGNATION OF HOMELESS PERSONS AS PRIORITY POPULATION
SEC. 576. PRIORITY FOR PERSONS EXPERIENCING HOMELESSNESS.
(a) Emergency Relief Grants.--Subsection (b) of section 2604 of the
Public Health Service Act (42 U.S.C. 300ff-14) is amended by adding at
the end the following:
``(5) Priority for persons experiencing homelessness.--For
the purpose of providing health and support services to
homeless individuals with HIV disease (including children,
youth, and families), the chief elected official of the
eligible area, in accordance with the established priorities of
the planning council, shall use, from amounts made available
for the area through grants under section 2601(a) for a fiscal
year, not less than 8.6 percent of such amounts.''.
(b) Care Grants.--Section 2611 of the Public Health Service Act (42
U.S.C. 300ff-21), as amended by section 567(b) of this Act, is amended
by adding at the end the following:
``(d) Priority for Persons Experiencing Homelessness.--For the
purpose of providing health and support services to individuals
experiencing homelessness with HIV disease (including children, youth,
and families), a State shall use, of the funds allocated under this
part to the State for a fiscal year, not less than 8.6 percent of such
funds.''.
PART 5--FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS
SEC. 581. FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS.
(a) Plan.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of Health and Human Services (in this section
referred to as the ``Secretary'') shall prepare and submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate a
plan that with respect to each of the factors described in subsection
(b)--
(1) describes current Federal, State, and local public
policies and practices regarding homelessness and HIV
prevention, treatment, and care;
(2) identifies administrative and statutory access and care
barriers and opportunities for homeless persons with HIV
disease; and
(3) recommends administrative and legislative actions that
would increase the access of homeless persons to HIV health and
support services and improve the appropriateness and quality of
care homeless persons receive through such services.
(b) Factors.--The factors described in this subsection are as
follows:
(1) Grantee planning, reporting, and capacity-building.
(2) Consumer involvement.
(3) Designation of priority populations.
(4) Outreach and enrollment.
(5) Participant tracking.
(6) Elimination of regulatory and administrative
impediments.
(7) Provision of appropriate services.
(8) Discharge planning.
(9) Outcome measurement.
(c) Consultation.--In establishing the plan required under this
section, the Secretary shall consult with homeless children, youth,
families and individuals with HIV disease, nonprofit organizations
advocating for homeless persons, homeless health, housing, and support
service providers, and public agency representatives.
(d) Plan Implementation.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall implement administrative
recommendations identified in subsection (a)(3).
TITLE VI--ECONOMIC SECURITY
SEC. 601. SENSE OF CONGRESS REGARDING RIGHT TO A LIVING INCOME.
(a) Findings.--The Congress finds that--
(1) more than 25 percent of persons in working families in
the United States have incomes too low to meet their basic
needs;
(2) the average income of a homeless family in the United
States is 46 percent of the Federal poverty line;
(3) 42 percent of adults living in shelters are employed;
(4) children in families with incomes above the Federal
poverty line are healthier;
(5) children in families with incomes above the Federal
poverty line are more likely to graduate from high school and
to have higher incomes as adults;
(6) higher rates of good health and education in children
will reduce long-term costs for the United States;
(7) approximately 30,000,000 people in the United States
suffer from food insecurity due to a lack of income;
(8) low-wage employment often leads to housing that is
unsafe, indecent, and unaffordable;
(9) any person who works 40 hours a week or more should be
able to afford the basic necessities of life, including housing
that is decent and safe;
(10) the levels of government benefits are not substantial
enough to provide for the basic necessities, such as housing,
health care, or childcare;
(11) low-wage workers are at risk of becoming homeless;
(12) supplementary Social Security income (SSI) benefits
are equal to only 18.5 percent of the average median income for
a single-person household;
(13) the average SSI recipient has a monthly income of
$551; and
(14) on average, a person receiving SSI benefits needs to
spend 98.2 percent of their benefit to afford a one-bedroom
apartment.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) every person who works 40 hours or more per week should
receive a wage sufficient to provide for safe, decent, and
affordable housing, which should be ensured through a living
wage that is indexed to the local cost of housing; and
(2) every person who is unable to work or unable to obtain
work, and therefore receives public benefits, should be
afforded the same opportunity for safe, decent, and affordable
housing through a level of benefits that provides a livable
income.
SEC. 602. AVAILABILITY OF FOOD STAMP BENEFITS TO INDIVIDUALS WHO ARE
HOMELESS.
(a) Expedited Processing.--Section 11(e)(9) of the Food Stamp Act
of 1977 (7 U.S.C. 2020(3)(9)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by adding ``and'' at the end; and
(3) by adding at the end the following:
``(D) provide coupons no later then 7 days after
the date of application to any household in which all
members are homeless individuals;''.
(b) Exception to Work Requirement Disqualification.--Section
6(o)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(3)) is
amended--
(1) in subparagraph (D) by striking ``or'' at the end;
(2) in subparagraph (E) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(F) experiencing homelessness.''.
(c) Definition.--Section 3(c) of the Food Stamp Act of 1977 (7
U.S.C. 2012(c)) is amended in the 2d sentence by inserting before the
period at the end the following: ``, and the certification period shall
be at least 12 months if all adult household members are receiving
benefits under title II or XVI of the Social Security Act and the
household as no other income''.
(d) Collection of Data on Homeless Applicants.--The Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the
following:
``SEC. 28. COLLECTION OF DATA ON HOMELESS HOUSEHOLDS.
``With respect to all applications made after January 1, 2007, by
households to participate in the food stamp program and all households
that receive food stamp benefits after such date, the Secretary shall
collect data, through the application form and by other means, to
determine whether the members of such households are homeless.''.
SEC. 603. AMENDMENTS TO WORKFORCE INVESTMENT ACT.
(a) State Workforce Investment Boards.--Section 111(b)(1) of the
Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)) is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C)(vii) by striking the period and
inserting ``; and''; and
(3) by adding after subparagraph (C) the following:
``(D) a representative from the State agency
distributing funding under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
``(E) a representative from the community board as
defined in section 401(3) of this Act;
``(F) representatives of organizations who act as
advocates for persons experiencing homelessness or
organizations who provide assistance to persons
experiencing homelessness; and
``(G) a person experiencing homelessness or has
experienced homelessness within 3 years before the date
of their appointment to the board.''.
(b) Local Workforce Investment Boards.--Section 117(b)(2)(A)) of
the Workforce Investment Act (29 U.S.C. 2832(b)(2)(A)) is amended--
(1) in clause (v) by striking ``and'';
(2) in clause (vi) by striking the period and inserting ``;
and''; and
(3) by adding after clause (vi) the following:
``(vii) a representative from the local
agency distributing funding under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.);
``(viii) a representative from the
community board as defined in section 401(3) of
this Act;
``(ix) representatives of organizations who
act as advocates for persons experiencing
homelessness or organizations who provide
assistance to persons experiencing
homelessness; and
``(x) a person experiencing homelessness or
has experienced homelessness within 3 years
before the date of their appointment to the
board;''.
SEC. 604. HOMEBUILD PROGRAM FOR AFFORDABLE HOUSING CONSTRUCTION AND
APPRENTICESHIP.
(a) In General.--Title IV of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12871 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle E--Homebuild Program for Affordable Housing Construction and
Apprenticeship
``SEC. 471. PURPOSE.
``It is the purpose of this subtitle to assist people who are
experiencing homelessness and have experienced significant barriers to
employment to obtain training necessary to obtain gainful employment as
skilled or semi-skilled residential construction workers.
``SEC. 472. GRANT AUTHORITY.
``The Secretary may make grants in accordance with this subtitle to
applicants selected under section 476 to carry out homebuild programs
under section 473.
``SEC. 473. HOMEBUILD PROGRAMS.
``(a) In General.--For purposes of this subtitle, a homebuild
program is a program that meets the following requirements:
``(1) Affordable housing.--The primary purpose of the
program is to develop, through construction, reconstruction, or
rehabilitation, affordable housing for low- and extremely low-
income households.
``(2) Educational and counseling services.--The program
shall be subject to the same requirements regarding educational
services and activities that a Youthbuild program is subject to
under section 456(c).
``(3) Training and apprenticeship.--The program shall
provide participants with training or apprenticeship in
residential construction skills involved in the development of
the affordable housing.
``(4) Wages and benefits, labor standards, and
nondiscrimination.--Sections 142, 143 and 167 of the Job
Training Partnership Act (as in effect on the day before the
date of enactment of the Workforce Investment Act of 1998),
relating to wages and benefits, labor standards, and
nondiscrimination, shall apply to the program as if such
program was conducted under the Job Training Partnership Act
(as in effect on the day before the date of enactment of the
Workforce Investment Act of 1998). This paragraph may not be
construed to prevent a recipient of a grant under this subtitle
from using funds from non-Federal sources to increase wages and
benefits under such program, if appropriate.
``(5) Participants.--Participation in the program shall be
limited only to individuals who--
``(A)(i) are homeless (as such term is defined in
section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302);
``(ii) are residing in a homeless shelter,
transitional shelter, transitional housing facility, or
permanent supportive housing;
``(iii) are eligible for and have placed their name
on the waiting list for public housing or rental
assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) and have not received
such housing or assistance; or
``(iv) have been referred for participation in the
program by a social services program of a unit of
general local government;
``(B) are 65 years of age or younger; and
``(C) have completed, and have evidence of such
completion of, a job readiness or workforce training
program of a least 2 weeks duration that--
``(i) is provided through the one-stop
delivery system under the Workforce Investment
Act of 1998; or
``(ii) if a program described in clause (i)
is not available to the individual--
``(I) is certified or provided
through a public housing authority; or
``(II) is administered by a
nonprofit organization providing
housing for the homeless and is
certified by a unit of general local
government.
``(6) Limitation on participation.--
``(A) In general.--The program shall limit
participation by any individual to the longer of--
``(i) 2 years; and
``(ii) such time as the participant has
obtained the residential construction skills
necessary to obtain employment in the private
residential construction field.
``(B) Exception.--The program may provide that a
participant may continue or return to work under the
program after completion of the program pursuant to the
limit under subparagraph (A), but only--
``(i) pursuant to application by such
participant for such continuance or return; and
``(ii) if the program provides the full
amount of such participant's wages, which shall
be not less than the wages prevailing in the
locality, as predetermined by the Secretary of
Labor pursuant to subchapter IV of chapter 13
of title 40, United States Code.
``(7) Administration.--The program shall be jointly
administered by--
``(A) a labor organization, or an affiliate
thereof; and
``(B) a public housing agency or nonprofit
organization involved in the development of affordable
housing.
``SEC. 474. USE OF GRANT AMOUNTS.
``(a) Eligible Uses.--Amounts received from a grant under this Act
may be used for any costs involved in carrying out a Homebuild program,
including any activities specified under subsection (b) of section 454
(relating to Youthbuild program eligible activities), except that--
``(1) the limitations under paragraph (2) of such
subsection on the types of housing developed with grant amounts
shall not apply to grant amounts under this subtitle;
``(2) the limitation under paragraph (3) of such subsection
on administrative costs shall apply to grant amounts under this
subtitle; and
``(3) the limitation under paragraph (4)(E) of such
subsection on the duration of support services and stipends
shall not apply to grant amounts under this subtitle.
``(b) Affordable Housing Requirement.--Of any amounts received from
a grant under this subtitle--
``(1) not less than 75 percent shall be used for costs
related to the development of housing that is affordable for
extremely low-income households; and
``(2) the remainder shall be used for costs related to the
development of housing that is affordable to low-income
households.
``SEC. 475. HOMEBUILD ADVISORY BOARD.
``(a) Eligibility Requirement.--For an eligible entity to be
eligible for selection to receive a grant under this subtitle, the unit
of general local government within which the eligible entity will carry
out the homebuild program shall establish a homebuild advisory board to
advise and report regarding activities and progress under homebuild
programs carried out within the jurisdiction of such unit.
``(b) Meetings and Reports.--Each homebuild advisory board shall--
``(1) meet not less than 4 times annually; and
``(2) submit an annual report to the unit of general local
government, the applicable eligible entity, and the Secretary
regarding activities and progress under homebuild programs
carried out within the jurisdiction of such unit.
``(c) Membership.--Each homebuild advisory board for a unit of
general local government shall consist of 15 members, who shall include
individuals who are--
``(1) officials of the unit of general local government;
``(2) representatives of the faith community;
``(3) representatives of private entities engaged in
residential development;
``(4) representatives of private entities engaged in
residential construction;
``(5) officials or members of labor unions;
``(6) representatives of local social services agencies;
``(7) homeless individuals;
``(8) representatives of organizations involved in
providing affordable housing and assistance for homeless
individuals; and
``(9) representatives of academic institutions.
``SEC. 476. APPLICATIONS AND SELECTION FOR GRANTS.
``(a) In General.--To be eligible for selection to receive a grant
under this subtitle, an eligible entity shall submit to the Secretary
an application containing--
``(1) a description of the educational and job training
activities, work opportunities, and other services that will be
provided to participants in the homebuild program;
``(2) a description of the proposed construction or
rehabilitation activities to be undertaken and the anticipated
schedule for carrying out such activities;
``(3) a description of the manner in which eligible
participants will be recruited and selected;
``(4) a description of how the proposed project will be
coordinated with other Federal, State, and local activities,
including vocational and job training programs;
``(5) assurances that there will be a sufficient number of
adequately trained supervisory personnel on the project;
``(6) a detailed budget and description of the system of
fiscal controls and auditing and accountability procedures that
will be used to ensure fiscal soundness;
``(7) a description of the membership of the advisory
board; and
``(8) a description of the capacity of the community to
leverage funding from other private and public sources.
``(b) Selection Criteria.--The Secretary shall select applicants to
receive grants under this subtitle based upon selection criteria, which
the Secretary shall establish and which shall include the following
criteria:
``(1) Potential for success.--The extent to which the
application is likely to succeed, as indicated by such factors
as the past experience of an applicant with housing
rehabilitation or construction, education and employment
training programs, management capacity, fiscal reliability, and
community support.
``(2) Need.--To extent to which the applicant has need for
assistance, as determined by factors such as--
``(A) the degree of economic distress of the
community from which participants would be recruited,
including--
``(i) the extent of poverty;
``(ii) the extent of unemployment; and
``(B) the degree of economic distress of the
locality in which the housing would be rehabilitated or
constructed, including--
``(i) objective measures of the incidence
of homelessness;
``(ii) the relationship between the supply
of affordable housing for low-income persons
and the number of such persons in the locality;
``(iii) the extent of housing overcrowding;
and
``(iv) the extent of poverty.
``(3) Other.--Any other criteria the Secretary determines
to be reasonably appropriate.
``SEC. 477. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) Applicant.--The term `applicant' means an eligible
entity that has submitted an application under section 476 that
the Secretary determines complies with the requirements under
this subtitle.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a public housing agency;
``(B) a labor union; or
``(C) a nonprofit organization that is involved in
the development of affordable housing
``(3) Extremely low-income household.--The term `extremely
low-income household' means a household, including an
individual or family, that has an income that does not exceed
30 percent of the median family income for the area, as
determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may establish income
ceilings higher or lower than 30 percent of the median for the
area on the basis of the Secretary's findings that such
variations are necessary because of prevailing levels of
construction costs or fair market rents, or unusually high or
low household incomes.
``(4) Labor union.--The term `labor union' has the meaning
given the term `labor organization' in section 2 of the
National Labor Relations Act (29 U.S.C. 152).
``(5) Low-income household.--The term `low-income
household' means a household, including an individual or
family, that has an income that does not exceed 80 percent of
the median family income for the area, as determined by the
Secretary with adjustments for smaller and larger families,
except that the Secretary may establish income ceilings higher
or lower than 80 percent of the median for the area on the
basis of the Secretary's findings that such variations are
necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low household incomes.
``(6) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``SEC. 478. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for grants under this
subtitle $65,000,000 for fiscal year 2007 and such sums as may be
necessary for each of fiscal years 2008, 2009, 2010, and 2011.
``SEC. 479. REGULATIONS.
``The Secretary shall issue any regulations necessary to carry out
this subtitle.''.
SEC. 605. DEPARTMENT OF LABOR APPRENTICESHIP PROGRAM FOR WORKING PEOPLE
EXPERIENCING HOMELESSNESS.
(a) Grant Authority.--The Secretary of Labor may make grants in
accordance with this section to applicants selected pursuant to
subsection (g) to carry out apprenticeship programs that meet the
requirements of this section.
(b) Apprenticeship Program Defined.--For purposes of this section,
an apprenticeship program is a program--
(1) whose primary purpose is to assist people who are
experiencing homelessness by providing instruction in a skilled
trade in a job apprenticeship program; and
(2) that provides a stipend to any person who are working
and without housing until the such person is employed by the
private sector.
(c) Participation.--
(1) In general.--Participation in the program shall be
limited to individuals who--
(A) are homeless (as such term is defined in
section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302));
(B) are eligible for or have placed their name on a
waiting list for public housing or rental assistance
under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) and have not received such
housing or assistance; or
(C) have been referred for participation in the
program by a social services program of a unit of local
government;
(2) Limitation on participation.--
(A) In general.--The program shall limit
participation by any individual to the longer of--
(i) 12 months; or
(ii) such time as the participant has
obtained the necessary skills to obtain
employment in the relevant field.
(B) Exception.--The program may provide that a
participant may continue or return to work under the
program after completion of the program pursuant to 12
month limit, but only--
(i) pursuant to an application by such
participant for such continuance or return; and
(ii) if the program provides the full
amount of such participant's wages, which shall
not be less than the wages prevailing in the
locality, as predetermined by the Secretary of
Labor pursuant to subchapter IV of chapter 13
of title 40, United States Code.
(d) Administration.--The program shall be jointly administered by--
(1) the Secretary of Labor, through State and local
workforce investment systems (established under the Workforce
Investment Act (29 U.S.C. 2801 et seq.);
(2) a labor organization, or an affiliate thereof;
(3) a public housing agency; and
(4) a non-profit organization.
(e) Use of Grant Amount.--
(1) Eligibility requirements.--A unit of local government
will pay 50 percent of the salary of all program participants
who are apprenticing in the private or public sector for at
least 6 months, but no longer than 1 year, in apprenticeship
programs.
(2) Eligible uses.--Amounts received from a grant under
this section may be used for any costs involved in carrying out
an apprenticeship program, including the following activities:
(A) Apprenticeship and job training in--
(i) construction of housing and commercial
real estate;
(ii) technical trades;
(ii) plumbing;
(iii) automotive;
(iv) painting;
(v) electrical; and
(vi) transportation infrastructure.
(B) Funding for job training and job placement
counselors for homeless shelters, transitional housing,
and permanent supportive housing facilities for the
purposes of placing homeless individuals in permanent
jobs.
(C) Transportation grants to provide bus tickets,
subway fare, or other transportation vouchers to help
to cover the costs of transportation to and from job
interviews, the job site, and social service visits
until the individual is employed, and is able to cover
the costs of such transportation. Where necessary due
to lack of other means of transportation these grants
may also cover the cost of needed automobile repairs.
(f) Apprenticeship Program Advisory Board.--
(1) Eligibility requirement.--For an entity to be eligible
for selection to receive a grant under this section, the unit
of local government within which the eligible entity will carry
out the apprenticeship program shall establish a apprenticeship
advisory board to advise and report regarding activities and
progress under apprenticeship programs carried out within the
jurisdiction of such unit.
(2) Meeting and reports.--Each apprenticeship advisory
board shall--
(A) meet not less than 4 times annually; and
(B) submit an annual report to the unit of local
government, the applicable entity, and the Secretary
regarding activities and progress under apprenticeship
programs carried out within jurisdiction of such unit.
(3) Membership.--Each apprenticeship advisory board for a
unit of general local government shall consist of 15 members,
who shall include individuals who are--
(1) officials of the unit of general local government;
(2) representatives of the faith community;
(3) representatives of private entities engaged in
residential development;
(4) representatives of private entities engaged in
residential construction;
(5) officials or members of labor unions;
(6) representatives of local social services agencies;
(7) homeless individuals;
(8) representatives of organizations involved in providing
affordable housing and assistance for homeless individuals; and
(9) representatives of academic institutions.
(g) Applications and Selection of Grants.--
(1) In general.--To be eligible for selection to receive a
grant under this section, an entity shall submit to the
Secretary an application containing--
(A) a description of the job training activities,
work opportunities, and other services that will be
provided to participants in the apprenticeship program;
(B) a description of the manner in which eligible
participants will be recruited and selected;
(C) a description of how the proposed project will
be coordinated with other Federal, State, and local
activities, including vocational and job training
programs;
(D) a detailed budget and description of the system
of fiscal controls and auditing and accounting
procedures that will be used;
(E) a description of the membership of advisory
board; and
(F) a description of the capacity of the community
to leverage funding from other private and public
sources.
(2) Selection criteria.--The Secretary shall select
applicants to receive grants under this section based upon a
selection criteria which shall include the following:
(A) Potential for success.--The extent to which the
application is likely to succeed, as indicated by such
factors as the past experience of an applicant with
housing rehabilitation or construction, education and
employment training programs, management capacity,
fiscal reliability, and community support.
(B) Need.--To extent to which the applicant has
need for assistance, as determined by factors such as--
(i) the degree of economic distress of the
community from which participants would be
recruited, including--
(I) the extent of poverty;
(II) the extent of unemployment;
and
(ii) the degree of economic distress of the
locality in which the housing would be
rehabilitated or constructed, including--
(I) objective measures of the
incidence of homelessness;
(II) the relationship between the
supply of affordable housing for low-
income persons and the number of such
persons in the locality;
(III) the extent of housing
overcrowding; and
(IV) the extent of poverty.
(C) Other.--Any other criteria the Secretary
determines to be reasonably appropriate.
(h) Definitions.--For purposes of this section, the following
definitions apply:
(1) Applicant.--The term ``applicant'' means an eligible
entity that has submitted an application under section 476 that
the Secretary determines complies with the requirements under
this section.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a public housing agency;
(B) a labor union; or
(C) a nonprofit organization that is involved in
the development of affordable housing
(3) Extremely low-income household.--The term ``extremely
low-income household'' means a household, including an
individual or family, that has an income that does not exceed
30 percent of the median family income for the area, as
determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may establish income
ceilings higher or lower than 30 percent of the median for the
area on the basis of the Secretary's findings that such
variations are necessary because of prevailing levels of
construction costs or fair market rents, or unusually high or
low household incomes.
(4) Labor union.--The term ``labor union'' has the meaning
given the term ``labor organization'' in section 2 of the
National Labor Relations Act (29 U.S.C. 152).
(5) Low-income household.--The term ``low-income
household'' means a household, including an individual or
family, that has an income that does not exceed 80 percent of
the median family income for the area, as determined by the
Secretary with adjustments for smaller and larger families,
except that the Secretary may establish income ceilings higher
or lower than 80 percent of the median for the area on the
basis of the Secretary's findings that such variations are
necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low household incomes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section, $50,000,000
for fiscal year 2007 and such sums as may be necessary for each of
fiscal years 2008 through 2011.
SEC. 606. DAY LABORER FAIRNESS AND PROTECTION.
(a) Findings.--Congress finds the following:
(1) According to the General Accounting Office, contingent
workers comprise approximately 30 percent of the workforce and
research indicates that the size of the day labor workforce may
be greater than nationally available data suggests.
(2) Employers increasingly rely on contingent workers
rather than permanent workers. Employers benefit from the
reduced costs and increased flexibility of utilizing a
contingent workforce. This reliance has resulted in a
significant decrease in the number of workers with health
insurance coverage, included in retirement and pension plans,
and receiving other employment benefits such as long-term
disability coverage. Contingent workers have lower family
incomes than those in full-time permanent employment. Many
contingent workers live below the Federal poverty line.
(3) The General Accounting Office has found that the day
labor workforce is particularly vulnerable to workplace abuses.
Day laborers are subject to a wide range of abuses of their
civil rights, employment and labor rights, and health and
safety rights. Although day laborers and contingent workers
face higher incidences of workplace abuse, the General
Accounting Office has found current practices and laws make it
difficult to detect violations affecting contingent workers and
day laborers.
(4) Wage and hour abuses are of particular concern to day
laborers. Despite current legal wage and hour protections
afforded to day laborers, such laborers are subject to
pervasive wage and hour violations committed by day labor
employers and temporary labor agencies. The short nature of the
employment relationship, multiple barriers to enforcement
resources and the lack of strong protective wage and hour laws
render day laborers particularly vulnerable to nonpayment of
wages. Wage and hour problems confronting day laborers take
many forms and include: complete nonpayment of wages; payment
of less than the agreed upon rate; payment by checks with
insufficient funds and late payment of wages. Day labor
employers often delay payments of promised wages until the
completion of a job. Upon completion, day laborers are commonly
left with less than promised or a void check. Lack of access to
social and legal services that could assist them in enforcing
their workplace rights leave few options for day laborers
seeking to recover unpaid wages.
(5) Occupational injury and fatality rates for day laborers
are disproportionately higher than such rates for other
workers. Desperate for work and fearing retaliation, day
laborers often risk life and limb without ever reporting work
hazards. Day laborers are often assigned to the dangerous tasks
shunned by workers with more options. Employers often neglect
their duties to provide safe employment that is free from
hazards to a day laborers' health. Employers regularly fail to
provide necessary health and safety equipment and training to
day laborers. Due to the lack of notice requirements, most day
laborers have no advance warning about possible exposure to
hazardous materials or dangerous tasks.
(6) Day laborers and contingent workers seeking to enforce
the employment and labor laws are frequently subject to
intimidating retaliatory acts by the employer. Absent stronger
antiretaliation protections, day laborers will continue to
endure dangerous and unjust working conditions without
recourse.
(7) Day laborers and contingent workers provide employers
with a flexible workforce and contribute significantly to
interstate commerce. Despite these contributions, day laborers
are routinely subjected to workplace abuse with little or no
recourse. The growing numbers of day laborers and other
contingent workers in the workforce calls for legislative
reforms that expand and protect the rights of day laborers.
(b) Purpose.--The purpose of this section is to ensure that
individuals working as day laborers, or temporary workers, are afforded
full protection of and access to employment and labor laws that ensure
workplace dignity and to reduce unfair competitive advantage for firms
that abuse day laborers.
(c) Definitions.--In this section the following definitions apply:
(1) Day laborer.--The term ``day laborer'' means an
individual who is engaged in or waiting to be engaged in day
labor.
(2) Day labor.--The term ``day labor'' means labor or
employment that is occasional or irregular for which an
individual is employed for not longer than the time period
required to complete the assignment for which the individual
was hired and in which wage payments are made directly to the
day laborer or indirectly by the day labor service agency or
the third party employer for work undertaken by a day laborer.
Day labor does not include labor or employment of a
professional or clerical nature.
(3) Day labor employer.--The term ``day laborer employer''
refers to any person or entity that directly or indirectly,
through an agent, day labor service agency or any other entity
acting in the employer's interest, engages, suffers or permits
a day laborer to work or otherwise has the right to exercise
control over the wages, hours or working conditions of a day
laborer. The term includes day labor service agencies and third
party employers as defined in this section.
(4) Day laborer shape-up site.--The term ``day laborer
shape-up site'' means any public area or street corner,
residential or commercial, where day laborers assemble to seek
employment.
(5) Day laborer hiring site.--The term ``day laborer hiring
site'' refers to any program sponsored by a public entity or
nonprofit organization that provides a space for day laborers
to assemble for work and participate in skills development
workshops and classes. For the purposes of this section, day
laborer hiring sites are not day labor employers.
(6) Department.--The term ``Department'' means the
Department of Labor.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(8) Regular rate of pay.--The term ``regular rate of pay''
means an hourly wage rate agreed to by the day labor employer
and day laborer. If a daily rate is negotiated, the regular
rate of pay shall be calculated by dividing the total
remuneration agreed upon for 1 week by 40. On jobs that require
prevailing wage rates, the regular rate of pay shall be the
prevailing wage or wage agreed to by the day laborer employer
and day laborer, whichever is higher. In no circumstances shall
the regular rate of pay be less than that required by law.
(9) Day labor service agency.--The term ``day labor service
agency'' means any person or entity that recruits, dispatches,
or otherwise facilitates the employment of day laborers by a
third party employer. A day labor service agency is a day labor
employer and shares all legal obligations placed on a day labor
employer by this section. A not-for-profit organization is not
a day labor service agency.
(10) Workday and day.--The terms ``workday'' and ``day''
mean any consecutive 24 hours period beginning at the same time
each calendar day.
(11) Third party employer.--The term ``third party
employer'' refers to a person or entity that suffers or permits
a day laborer to work by contracting with a day labor service
agency. Third party employers are day labor employers and share
all legal obligations placed on day labor employers.
(d) Sustainable Wages.--
(1) Sustainable wage.--A day laborer shall be paid not less
than the equivalent of the prevailing wage rate paid to
permanent employees who are performing substantially equivalent
work, with due consideration given to seniority, experience,
and skills.
(2) Notice of wage rate.--Day labor employers shall provide
notice of the wage rate expected to be paid to each day
laborer. A day labor service agency shall provide notice of the
wage rate expected to be paid by each third party employer
using the services of the agency. A day laborer shall be paid
by a third party employer not less than the wage rate stated in
the notice of the agency for all work performed for the third
party employer, including work contained in the description
issued under subsection (g).
(3) Wage reduction.--Day labor employers are prohibited
from reducing the wage rate of any permanent full time employee
in order to comply with paragraph (1) or (2).
(4) Overtime.--A day laborer shall be compensated at a rate
of 1 and one-half times the regular rate of pay for each hour
worked beyond 8 hours up to and including 12 hours in a
workday, and for the first 8 hours worked on the seventh
consecutive day of work in a work week.
(5) Daily overtime.--Day laborers are entitled to double
the regular rate of pay for all hours worked in excess of 12
hours in any workday and for all hours worked in excess of 8
hours on the seventh consecutive day of work in a work week.
(6) Minimum daily rate.--A day laborer performing day labor
shall be compensated for not less than 4 hours of work for each
day worked.
(7) Call in pay.--If the day labor employer fails to appear
after requesting a day laborer's services at a designated time
and location, the day laborer shall be compensated for not less
than 4 hours at the regular rate of pay.
(8) Wait time.--If a day laborer arrives for employment at
the request of a day labor employer, time spent waiting for the
employer is wait time compensable at the regular rate of pay.
(9) Reduction of salary.--If a day labor employer has
offered and a day laborer has accepted a wage rate, the day
labor employer cannot reduce that negotiated salary during that
day of employment.
(10) Travel time.--Day laborers are to be compensated for
travel time if such activity is an integral and indispensable
part of the principal activities that the workers are employed
to perform. For the purposes of this section, time spent
traveling from a day labor shape-up site, day labor hiring
site, or day labor service agency to the worksite shall be
compensable at the regular rate of pay.
(11) Agency processing delay.--
(A) In general.--If a day labor service agency
expends more than 30 minutes in processing a day
laborer's work assignment, the day labor service agency
shall pay the day laborer for any additional waiting
time at the regular rate of pay.
(B) Limitation.--The time spent in transit to or
from the designated worksite or to or from the day
labor service agency shall not be included in computing
processing time.
(e) Other Rights of Day Laborers.--
(1) Public access area.--Each day labor service agency
shall provide adequate seating in the public access area of the
offices of the agency. Employment and wage notices required by
this section shall be posted in the public access area. The
public access area shall allow for access to restrooms and
water.
(2) Work restriction.--No day labor service agency shall
restrict the right of a day laborer to accept a permanent
position with a third party employer to whom the day laborer
has been referred for temporary work or restrict the right of
such third party employer to offer such employment to a day
laborer. This paragraph shall be understood to outlaw the
charging of fines or additional amounts for making or accepting
an offer of employment.
(3) Breaks and meals.--For each 4-hour period of
uninterrupted day labor, a 15-minute compensated break shall be
provided. For periods of uninterrupted day labor lasting longer
than 6 hours, a 30-minute compensated lunch period shall be
provided.
(4) Disclosure of employer information.--At the time of
hire, a day labor employer must provide a day laborer with the
day labor employers' phone number and business address.
(5) Transportation back to point of hire.--Unless the day
laborer requests otherwise, the day labor employer shall
provide transportation back to the point of hire at the end of
each work day.
(6) Transportation fees.--Day labor service agencies, third
party employers and day laborer employers shall not charge a
day laborer for the costs of transportation to and from the
premises of the day labor agency, day laborer shape-up site, or
day laborer hiring site to the worksite.
(7) Payments.--
(A) In general.--At the time of the payment of
wages, a day labor service agency shall provide each
day laborer with an itemized statement showing in
detail each deduction made from the wages.
(B) Annual statement.--A day labor service agency
shall provide each worker an annual earnings summary
within a reasonable time after the preceding calendar
year, but in no case later than February 1. A day labor
service agency shall, at the time of each wage payment,
give notice to day laborers of the availability of the
annual earnings summary or post such a notice in a
conspicuous place in the public reception area.
(C) Payment schedules.--At the request of a day
laborer, a day labor service agency or day labor
employer shall hold the daily wages of the day laborer
and make either weekly or semimonthly payments. The
wages shall be paid in a single check representing the
wages earned during the period for which wage payments
are to be made, as designated by the day laborer. A day
labor service agency or day labor employer that makes
daily wage payments shall provide written notification
to all day laborers of the right to request weekly or
semimonthly checks. The day laborer service agency may
provide such notice by conspicuously posting the notice
at the location where the wages are received by the day
laborers.
(D) Daily wages.--If day labor employment lasts
less than 1 week wages shall be paid at the end of each
workday.
(E) Check cashing.--A day labor service agency, day
labor employer, or third party employer may not
directly or indirectly charge any day laborer for
cashing a check issued by the day labor service agency,
day labor employer, or third party employer for wages
earned by a day laborer who performed work through that
day labor service agency, day labor employer or third
party employer.
(F) Overpayment.--A day laborer shall not be
charged fees for overpayment by the day labor agency.
(G) Negotiable tender.--All noncash wage payments
shall be in the form of immediately negotiable tender
payable in cash, on demand at a financial institution,
and without discount.
(H) Payment by check.--If a day labor service
agency or day labor employer pays by check, that check
shall be immediately redeemable.
(I) Payment on termination.--All wages must be paid
within 72 hours of termination.
(J) Place of payment on termination.--Upon
termination, a day laborer may choose to be paid either
at the worksite, the day labor site, or the day labor
service agency. A day laborer may also request that the
check be sent by first class mail. Unless the day
laborer requests otherwise, a day labor employer shall
pay a discharged day laborer at the worksite.
(8) Other rights guaranteed by law.--Day laborers shall be
afforded all other rights guaranteed workers under the law.
(9) Specific rights.--Day laborers shall be free of any
restriction on their ability to solicit day labor or to express
their availability for lawful day labor employment in any
public area unless such restriction is applied to all speech or
expression of any content, including political, artistic,
religious, or commercial speech and to speech regardless of
whether the speaker is physically present or speaks through
unattended signs or banners--
(a) this right shall be enforceable by day laborers
through a private action under section 1979 of the
Revised Statutes (17 Stat. 13; 42 U.S.C. 1983); and
(b) any local or State ordinance or law that
violates this provision shall be enjoined as invalid.
(f) Health and Safety.--
(1) In general.--Every day labor service agency and day
labor employer shall furnish employment and a place of
employment that is safe and healthful for day laborers. Such
employment shall be free of recognized hazards that are likely
to cause death or serious physical harm to day laborers.
(2) Life, safety, and health requirements.--No day labor
service agency or day laborer employer shall fail or neglect to
do any of the following:
(A) To provide and use safety devices and
safeguards reasonably adequate to render the employment
and place of employment safe at no cost to the day
laborer.
(B) To adopt and use methods and processes
reasonably adequate to render the employment and place
of employment safe.
(C) To do every other thing reasonably necessary to
protect the life, safety, and health of day laborers.
(3) Citations for failure to comply.--On multi-employer
worksites, both construction and nonconstruction, citations may
be issued to the following categories of employers when the
Occupational Safety and Health Administration, referred to in
this section as ``OSHA'', has evidence that a day laborer was
exposed to a hazard in violation of any requirement enforceable
by OSHA:
(A) The employer whose day laborers were exposed to
the hazard (the exposing employer).
(B) The employer who actually created the hazard
(the creating employer).
(C) The employer who was responsible, by contract
or through actual practice, for safety and health
conditions on the worksite, which is the employer who
had the authority for ensuring that the hazardous
condition is corrected (the controlling employer).
(D) The employer who had the responsibility for
actually correcting the hazard (the correcting
employer).
The employers listed in subparagraphs (B) through (D),
inclusive, of this paragraph may be cited regardless of whether
their own day laborers were exposed to a hazard.
(4) Application of federal law.--
(A) In general.--Employers and day laborers as
defined by this section shall be covered under the
Occupational Health and Safety Act (OSHA). In addition
to coverage under OSHA, employers and day laborers
shall adhere to the following requirements:
(B) Health care expenses.--If a day laborer is
injured while working, the day labor employer shall be
responsible to pay for the health care costs associated
with the injury and all compensable damages flowing
from that injury unless coverage for the accident is
available under the applicable State worker's
compensation law. The statute of limitations shall be
otherwise tolled during the period in which the day
laborer seeks coverage under the applicable State
workers' compensation law.
(C) Health and safety equipment.--The day labor
service agency or day laborer employer shall provide at
no cost to each day laborer any special attire,
accessories, tools, safety equipment or other items
required by law or custom to perform the work
assignment.
(D) Workers' compensation.--All day labor service
agencies and day laborer employers are required to
provide workers' compensation benefits to their day
labor day laborers, regardless of immigration status,
for injuries arising out of and in the course of
employment.
(E) Notification of workers' compensation
benefits.--Day labor service agencies and day laborer
employers shall provide all day laborers written notice
on the first day of employment that contains a
statement of the day laborer's right to workers'
compensation benefits and the day labor service agency
and day laborer employer's workers' compensation
insurance carrier name and number. This notice shall be
provided in English and any other language that is
generally used by the workforce serviced by the day
labor service agency or employed by the employer.
(F) Notification, consent, and disclosure.--
(i) In general.--The day labor service
agency or any employer or agent of the employer
must disclose the risk of exposure to hazardous
chemicals or any other unsafe materials or
working condition that require the use of
safety and protective equipment.
(ii) Written consent.--Day labor service
agencies and day laborer employers are required
to obtain the informed written consent of any
day laborer who will be exposed to hazardous
materials. Written consent shall include: a
description of the hazardous materials the day
laborer will be exposed to, the possible health
and safety consequences of exposure to the
hazardous materials and any specialized
certification or training required to safely
handle the hazardous materials.
(iii) No retaliation.--A day labor service
agency or day laborer employer shall not take
any retaliatory action against a day laborer
who refuses to perform hazardous work due to
health or safety concerns.
(G) Transportation liability.--A day labor service
agency, day labor employer or any other employer or
agent of the employer that transports a day laborer to
or from a designated worksite is liable for any injury
to a day laborer arising from any accident that occurs
while the day laborer is being transported to or from
the worksite.
(H) Motor vehicle safety.--
(i) In general.--Any motor vehicle that is
owned or operated by the day labor service
agency or any other employer, or a contractor
of either, which is used for the transportation
of day laborers shall--
(I) have proof of financial
responsibility as provided for in
applicable State insurance laws of the
area;
(II) be equipped with seats
securely fastened to the vehicle;
(III) be equipped, if a motortruck,
with a railing or other suitable
enclosure on the sides and end of the
vehicle not less than 46 inches above
the floor of the vehicle; and
(IV) equipped with steps, stirrups,
or other equivalent devices so placed
and arranged that the vehicle may be
safely mounted and dismounted.
(ii) Unsafe vehicle.--A day labor service
agency or day labor employer who knows or
should know that a motor vehicle used primarily
or regularly for the transportation of day
laborers is unsafe, or not equipped as required
by this section, or any regulations adopted
pursuant to this section, shall not use the
motor vehicle for transporting day laborers.
(iii) Inspection.--The Secretary or an
appointed designee shall inspect motor vehicles
used primarily or regularly for the transport
of day laborers at least once annually to
determine whether its construction, design, and
equipment comply with all provisions of Federal
and State law. No person shall drive any motor
vehicle used primarily or regularly for the
transport of day laborers without displaying a
certificate issued from the Secretary or an
appointed designee confirming timely inspection
and compliance with all laws and regulations
relating to construction, design, and
equipment.
(iv) Renter requirements.--An owner or
person who rents any motor vehicle used
primarily or regularly for the transport of day
laborers is responsible for compliance with the
motor vehicle requirements of this section.
(g) Notification Requirements.--
(1) In general.--
(A) Notice.--A day labor service agency shall, in
the public reception area, post a list of all employers
that are seeking day laborers which includes the
following:
(i) The name and address of the employer
and the address of the worksite if different
from that of the employer.
(ii) The type of job opportunities for day
laborers.
(iii) The amount of wages to be paid per
hour for the work.
(iv) If transportation is available,
whether the worksite is accessible by public or
personal transportation, and the approximate
commute time to the worksite.
(B) Description.--A day labor service agency shall,
for each job opportunity posted, provide a detailed
description of the work which shall include the
following:
(i) A detailed description of the work to
be performed by the day laborer, including any
requirements for special attire, accessories,
or safety equipment.
(ii) The exact address of the worksite and
a telephone number at which a day laborer can
be reached for emergency purposes. If the
location is in a rural area, the notice must
also contain directions to the worksite.
(iii) The time of day the work will begin,
the time of day the work will end, and the
overtime rate of pay.
(iv) Whether a meal is provided, either by
the day labor service agency, day labor
employer, or the third party employer, and the
cost of the meal, if any.
(v) A phone number and business address for
the third party employer requesting the day
laborer though the day labor service agency.
(2) Posting.--The notices required to be posted under this
subsection shall be written in English and any other language
that is generally used in the locale of the day labor service
agency.
(3) Offer and acceptance.--Upon offer and acceptance of a
job, the information referred to in this subsection shall be
provided to each day laborer in writing in English and any
other language that is generally used in the locale of the day
labor service agency, day labor site, or by the day laborer or
at the time of acceptance.
(h) Deductions.--
(1) Meals.--A day labor service agency or any other
employer shall not charge a day laborer more than the actual
cost of providing a meal. In no case shall a deduction for a
meal be permitted against the wage requirements of this section
if--
(A) the day laborer does not consume the meal;
(B) the day laborer has no realistic opportunity to
obtain meals by other means due to the location of the
job site and the time permitted for the meal; or
(C) the purchase of a meal is a condition of
employment.
(2) Transportation.--A day labor service agency or any
other employer shall not charge to transport a day laborer to
or from the designated worksite.
(3) Safety and protective equipment.--
(A) General rule.--The day labor service agency or
day laborer employer shall provide at no cost to each
day laborer any special attire, accessories, tools,
safety equipment, or other items required by law or
custom to perform the work assignment. For any other
equipment, clothing, accessories, or any other items
the day labor service agency or day laborer employer
makes available for purchase, the day laborer shall not
be charged more than the actual market value for the
item.
(B) Exception.--A day labor service agency or day
laborer employer is not precluded from charging the day
laborer the market value of items temporarily provided
to the day laborer, in the event that the day laborer
willfully fails to return such items.
(4) Housing.--
(A) In general.--An employer shall comply with
applicable State requirements and Federal law
requirements when crediting lodging towards an
employer's wage obligation under this section only if--
(i) lodging is received and used;
(ii) lodging is furnished as part of the
day laborer's compensation; and
(iii) the day laborer enters a voluntary
written agreement to credit lodging toward the
employer's wage obligation.
(B) Lodging requirements.--The amount credited for
lodging shall not exceed an amount that would result in
the day laborer earning less than the wage required by
this section. In order for lodging to be creditable
towards the wage obligation, it shall be available to
the day laborer for full-time occupancy and be
adequate, decent, and sanitary according to usual and
customary standards.
(i) Retaliation.--
(1) Prohibition.--Any employer, or any agent of an
employer, who knowingly retaliates through discharge or in any
other manner against any day laborer shall be fined under title
18, United States Code or subject to a private cause of action.
(2) Protected acts from retaliation include.--The Secretary
shall ensure that a day laborer is protected from retaliation
for--
(A) making a complaint to the day laborer's
employer, or a State agency, or federal agency, or
community organization that rights guaranteed a day
laborer under this section have been violated;
(B) making a complaint to an employer, a coworker,
or before a public hearing or the press that rights
guaranteed a day laborer under this section have been
violated;
(C) causing to be instituted any proceeding under
or related to this section, or;
(D) testifying or preparing to testify in an
investigation or proceeding under this section.
(j) Day Labor Service Agency and Day Labor Employer Registration.--
(1) In general.--A day labor service agency and day labor
employer shall register with the Secretary in accordance with
rules adopted by the Secretary for day labor service agencies
and with State departments of labor which require such
registration.
(2) Fees.--The Secretary may assess each day labor agency
and day labor employer a registration fee not to exceed $250.
(k) Department Requirements and Responsibilities.--
(1) In general.--the Secretary shall adopt rules and
regulations necessary to implement the provisions of this
section, including provisions for hearings and imposition of
penalties for violations of this section.
(2) Posting requirement.--The Secretary shall cause to be
posted in each day labor service agency a notice in English and
any other language generally spoken in the locale of the day
labor service agency which informs the public of a toll-free
telephone number for day laborers and the public to file wage
dispute complaints and other alleged violations by day labor
service agencies and other day labor employers.
(3) Fines.--The Secretary shall have the authority to fine
a day labor service agency or day labor employer that fails to
register with the Department of Labor in accordance with this
section $1,000 for the first offense and $5,000 for each
subsequent offense.
(4) Suspensions and revocations.--The Secretary shall have
the authority to suspend or revoke the registration of a day
labor service agency or day labor employer if warranted by
public health and safety concerns or violations of this
section.
(5) Investigations.--The Secretary shall promptly
investigate complaints concerning alleged violations of this
section.
(l) Criminal Sanctions.--
(1) Criminal provision.--
(A) In general.--Any employer or any agent of an
employer, who, willfully and knowingly violates this
section, shall be fined under title 18, United States
Code.
(B) Continued violation.--Each day during which any
violation of this section continues shall constitute a
separate and distinct offense.
(m) Judicial Enforcement.--
(1) Injunctive relief.--The Secretary may petition any
appropriate district court of the United States for temporary
or permanent injunctive relief if the Secretary determines that
this section, or any regulation under this section, has been
violated.
(2) Control of civil litigation.--The Solicitor of Labor
may appear for and represent the Secretary in any civil
litigation brought under this section, but all such litigation
shall be subject to the direction and control of the Attorney
General.
(n) Administrative Sanctions.--
(1) Civil money penalties for violations.--Any person who
commits a violation of this section or any regulation under
this section shall be assessed a penalty of $1000 for each
violation.
(2) Collection of amounts on behalf of injured day
laborers.--
(A) If an employer willfully violates subsection
(d) or (h) of this section, the Secretary shall
collect, on behalf of each injured day laborer, the
amount of wages not paid in violation of the section
and an equal amount for each day for which the wages
are not paid.
(B) An employer that willfully violates subsection
(e), (f), or (g) of this section shall be assessed by
the Secretary an amount up to $500 per violation of
each subsection, which the Secretary shall collect on
behalf of each injured day laborer.
(o) Private Cause of Action.--
(1) Maintenance of civil action in district court by
aggrieved person.--Any person aggrieved by a violation of this
section or any regulation under this section by an employer may
file suit in any district court of the United States or State
court of competent jurisdiction without regard to the
citizenship of the parties and without regard to exhaustion of
any alternative administrative remedies provided herein.
Actions may be brought by one or more day laborers for and on
behalf of himself or themselves and other day laborers
similarly situated.
(2) Award of damages or other equitable relief.--Any day
laborer whose rights have been violated under this section by
his or her employer shall be entitled to collect--
(A) in the case of a violation under subsection (d)
or (h) of this section, the amount of any wages,
salary, employment benefits, or other compensation
denied or lost to such day laborer by reason of the
violation, plus an equal amount for each day for which
wages are not paid;
(B) in the case of a violation under subsection
(e), (f), or (g) of this section, compensatory damages
and an amount up to $500 for the violation of each
subpart of each subsection;
(C) in the case of a violation under subsection (i)
of this section, all legal or equitable relief as may
be appropriate to effectuate the purposes of subsection
(i);
(D) attorney's fees and costs; or
(E) punitive damages in a case in which any
employer, or agent of an employer, threatens to call
the Immigration and Naturalization Service or the
police in retaliation for protected acts described in
subsection (i) of this section.
(3) Statute of limitations.--The right of an aggrieved
person to bring a cause of action under this subsection
terminates upon the passing of 3 years from the final date of
employment by the employer. This limitations period is tolled
if a day labor employer has deterred a day laborer's exercise
of rights under this section by contacting or threatening to
contact the Immigration and Naturalization Service or other law
enforcement agencies.
(4) Waiver through contract.--Any agreement between a day
laborer and a day labor employer to waive rights and
responsibilities under this section are void and unenforceable
as violative of public policy.
(5) Evidentiary burden.--If an employer has not met the
notifications requirements under this section or required
recordkeeping pursuant to title II of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 201 et seq.),
there is a presumption that any reasonable factual presentation
by the day laborer is accurate. The employer is then required
to disprove the day laborer's representation by clear and
convincing evidence.
(p) Prevention of Discrimination During and at the Conclusion of
Labor Disputes.--Section 8(a) of the National Labor Relations Act (29
U.S.C. 158(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting ``; or''; and
(2) by adding at the end thereof the following new
paragraph:
``(6)(A) to offer, or to grant, the status of a permanent
replacement day laborer to an individual for performing
bargaining unit work for the employer during a labor dispute,
or
``(B) to otherwise offer, or grant, an individual any
employment preference based on the fact that such individual
was employed, or indicated a willingness to be employed, during
a labor dispute over an individual who--
``(i) was an day laborer of the employer at the
commencement of the dispute;
``(ii) has exercised the right to join, to assist,
or to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or
protection through the labor organization involved in
the dispute; and
``(iii) is working for, or has unconditionally
offered to return to work for, the employer.''.
(q) Labor Disputes.--No day labor service agency may send any day
laborer to a workplace where a strike, lockout, or other labor trouble
exists.
(r) Compliance With State and Local Laws.--This section is intended
to supplement State and local laws, and compliance with this section
shall not excuse any person from compliance with appropriate State and
local laws.
SEC. 607. SOCIAL SECURITY ADMINISTRATION OUTREACH TO HOMELESS PERSONS.
(a) Outreach and Application Assistance to Homeless Applicants for
Benefits and Beneficiaries Under Title II and Title XVI of the Social
Security Act.--Part A of title XI of the Social Security Act (42 U.S.C.
1301-1320b-21) is amended by adding at the end the following:
``outreach and application assistance to homeless applicants for
benefits and beneficiaries under title ii and title xvi
``Sec. 1150A. (a) Outreach.--The Commissioner of Social Security
shall conduct outreach efforts to--
``(1) locate and identify homeless individuals who may be
eligible for benefits under title II or XVI,
``(2) make readily available to such individuals
information regarding the availability of such benefits, and
``(3) offer assistance to such individuals in filing
applications for such benefits.
``(b) Modification of Application Procedures to Accommodate
Outreach.--The Commissioner shall include on application forms made
available for use in applying for benefits under titles II and XVI, in
the procedures for filing such applications, and in the procedures for
determining continuing eligibility for or entitlement to such benefits,
mechanisms for collecting data determined useful in furthering the
efforts required to be undertaken under subsection (a).
``(c) Expedited Processing of Applications.--In furtherance of the
efforts required to be undertaken under subsection (a), the
Commissioner shall ensure that diligent efforts are maintained to
expedite the processing of applications for benefits under titles II
and XVI.
``(d) Authorization of Appropriations.--To carry out the provisions
of this section, there are authorized to be appropriated to the Social
Security Administration, from amounts otherwise available in the
general fund of the Treasury--
``(1) $20,000,000 for fiscal year 2007, and
``(2) such sums as are necessary for each of fiscal years
2008, 2009, 2010, and 2011.''.
(b) Repeal of Limitation on Receipt of SSI.--Section 1611(e)(1)(D)
of the Social Security Act (42 U.S.C. 1382(e)(1)(D)) is amended by
striking the semicolon and all that follows and inserting a period.
(c) Membership on Interagency Council on the Homeless.--Section
202(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11312(a)) is amended--
(1) by redesignating paragraph (16) as paragraph (17); and
(2) by inserting after paragraph (15) the following new
paragraph:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.''.
(d) Increase in SSI Asset Limits.--
(1) Eligible couples.--Section 1611(a)(3)(A) of the Social
Security Act (42 U.S.C. 1382(a)(3)(A)) is amended by inserting
``, and to $4,500 on January 1, 2007, and shall be increased by
$150 on January 1 of each succeeding year'' before the period.
(2) Eligible individuals.--Section 1611(a)(3)(B) of the
Social Security Act (42 U.S.C. 1382(a)(3)(B)) is amended by
inserting ``, and to $3,000 on January 1, 2007, and shall be
increased by $100 on January 1 of each succeeding year'' before
the period.
(e) Presumptive Eligibility for SSI for People Experiencing, or at
Risk of, Homelessness.--Section 1614(a)(3) of the Social Security Act
(42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following:
``(K) The Secretary shall presume that a claimant for benefits
under this title on the basis of disability is disabled if the claimant
submits to the Secretary--
``(i) a statement, signed by a physician, which attests
that the claimant is disabled and describes the nature of the
disability; and
``(ii) evidence verifying that the claimant is homeless (as
defined in section 103 of the McKinney-Vento Homeless
Assistance Act) or at risk of imminent homelessness.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Employer-Employee Relations.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.