Community Partnership to End Homelessness Act of 2005 - Amends the McKinney-Vento Homeless Assistance Act (the Act) to state as the mission of the United States Interagency Council on Homelessness to develop and coordinate the implementation of a national strategy to prevent and end homelessness while maximizing federal government contributions toward such end. Adds to the membership of such Council the Commissioner of Social Security, the U.S. Attorney General, and the Director of the Office of Management and Budget (OMB). Directs the Council to develop and submit to the President and Congress a national strategic plan to end homelessness.
Requires a collaborative applicant (a representative community homeless assistance planning body) to be established for a geographic area to lead a collaborative planning process to design and evaluate programs, policies, and practices to prevent and end homelessness. Requires: (1) the Secretary of Housing and Urban Development to make technical assistance available to collaborative applicants and other homelessness prevention project sponsors; (2) an annual performance report from collaborative applicants to the Secretary; and (3) secretarial monitoring of collaborative applicants.
Directs the Secretary to make grants to: (1) state and local governments for assistance in providing specified homelessness services and activities; and (2) collaborative applicants to carry out homeless assistance and prevention projects. Includes within the latter grants incentives to promote the creation of new permanent housing through either construction or acquisition and rehabilitation.
Directs the Secretary to promote: (1) permanent housing development activities for homeless individuals with disabilities, homeless families that include a disabled individual, and non-disabled homeless families; and (2) certain homelessness prevention activities.
Earmarks funds under the Act for renewing expiring contracts for permanent housing within the Homeless Assistance Grants Account.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1801 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1801
To amend the McKinney-Vento Homeless Assistance Act to reauthorize the
Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2005
Mr. Reed (for himself, Mr. Allard, Ms. Collins, Mr. Sarbanes, Mr. Bond,
Mrs. Murray, Mr. Chafee, Ms. Mikulski, Mr. Dodd, Mr. Akaka, Mr.
Schumer, Mr. Corzine, Mrs. Clinton, and Ms. Landrieu) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the McKinney-Vento Homeless Assistance Act to reauthorize the
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Partnership to End
Homelessness Act of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
Section 102 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301) is amended to read as follows:
``SEC. 102. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds that--
``(1) the United States faces a crisis of individuals and
families who lack basic affordable housing and appropriate
shelter;
``(2) assistance from the Federal Government is an
important factor in the success of efforts by State and local
governments and the private sector to address the problem of
homelessness in a comprehensive manner;
``(3) there are several Federal Government programs to
assist persons experiencing homelessness, including programs
for individuals with disabilities, veterans, children, and
youth;
``(4) homeless assistance programs must be evaluated on the
basis of their effectiveness in reducing homelessness,
transitioning individuals and families to permanent housing and
stability, and optimizing their self-sufficiency;
``(5) States and units of general local government
receiving Federal block grant and other Federal grant funds
must be evaluated on the basis of their effectiveness in--
``(A) implementing plans to appropriately discharge
individuals to and from mainstream service systems; and
``(B) reducing barriers to participation in
mainstream programs, as identified in--
``(i) a report by the Government
Accountability Office entitled `Homelessness:
Coordination and Evaluation of Programs Are
Essential', issued February 26, 1999; or
``(ii) a report by the Government
Accountability Office entitled `Homelessness:
Barriers to Using Mainstream Programs', issued
July 6, 2000;
``(6) an effective plan for reducing homelessness should
provide a comprehensive housing system (including permanent
housing and, as needed, transitional housing) that recognizes
that, while some individuals and families experiencing
homelessness attain economic viability and independence
utilizing transitional housing and then permanent housing,
others can reenter society directly and optimize self-
sufficiency through acquiring permanent housing;
``(7) supportive housing activities include the provision
of permanent housing or transitional housing, and appropriate
supportive services, in an environment that can meet the short-
term or long-term needs of persons experiencing homelessness as
they reintegrate into mainstream society;
``(8) homeless housing and supportive services programs
within a community are most effective when they are developed
and operated as part of an inclusive, collaborative, locally
driven homeless planning process that involves as decision
makers persons experiencing homelessness, advocates for persons
experiencing homelessness, service organizations, government
officials, business persons, neighborhood advocates, and other
community members;
``(9) homelessness should be treated as a symptom of many
neighborhood, community, and system problems, whose remedies
require a comprehensive approach integrating all available
resources;
``(10) there are many private sector entities, particularly
nonprofit organizations, that have successfully operated
outcome-effective homeless programs;
``(11) Federal homeless assistance should supplement other
public and private funding provided by communities for housing
and supportive services for low-income households;
``(12) the Federal Government has a responsibility to
establish partnerships with State and local governments and
private sector entities to address comprehensively the problems
of homelessness; and
``(13) the results of Federal programs targeted for persons
experiencing homelessness have been positive.
``(b) Purpose.--It is the purpose of this Act--
``(1) to create a unified and performance-based process for
allocating and administering funds under title IV;
``(2) to encourage comprehensive, collaborative local
planning of housing and services programs for persons
experiencing homelessness;
``(3) to focus the resources and efforts of the public and
private sectors on ending and preventing homelessness;
``(4) to provide funds for programs to assist individuals
and families in the transition from homelessness, and to
prevent homelessness for those vulnerable to homelessness;
``(5) to consolidate the separate homeless assistance
programs carried out under title IV (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;
``(6) to allow flexibility and creativity in re-thinking
solutions to homelessness, including alternative housing
strategies, outcome-effective service delivery, and the
involvement of persons experiencing homelessness in decision
making regarding opportunities for their long-term stability,
growth, well-being, and optimum self-sufficiency; and
``(7) to ensure that multiple Federal agencies are involved
in the provision of housing, health care, human services,
employment, and education assistance, as appropriate for the
missions of the agencies, to persons experiencing homelessness,
through the funding provided for implementation of programs
carried out under this Act and other programs targeted for
persons experiencing homelessness, and mainstream funding, and
to promote coordination among those Federal agencies, including
providing funding for a United States Interagency Council on
Homelessness to advance such coordination.''.
SEC. 3. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11311 et seq.) is amended--
(1) in section 201 (42 U.S.C. 11311), by striking the
period at the end and inserting the following: ``whose mission
shall be to develop and coordinate the implementation of a
national strategy to prevent and end homelessness while
maximizing the effectiveness of the Federal Government in
contributing to an end to homelessness in the United States.'';
(2) in section 202 (42 U.S.C. 11312)--
(A) in subsection (a)--
(i) by striking ``(16)'' and inserting
``(19)''; and
(ii) by inserting after paragraph (15) the
following:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.
``(17) The Attorney General of the United States, or the
designee of the Attorney General.
``(18) The Director of the Office of Management and Budget,
or the designee of the Director.'';
(B) in subsection (c), by striking ``annually'' and
inserting ``2 times each year''; and
(C) by adding at the end the following:
``(e) Administration.--The Assistant to the President for Domestic
Policy within the Executive Office of the President shall oversee the
functioning of the United States Interagency Council on Homelessness to
ensure Federal interagency collaboration and program coordination to
focus on preventing and ending homelessness, to increase access to
mainstream programs (as identified in a report by the Government
Accountability Office entitled `Homelessness: Barriers to Using
Mainstream Programs', issued July 6, 2000) by persons experiencing
homelessness, to eliminate the barriers to participation in those
programs, to implement a Federal plan to prevent and end homelessness,
and to identify Federal resources that can be expended to prevent and
end homelessness.'';
(3) in section 203(a) (42 U.S.C. 11313(a))--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (2), (3), (4), (5),
(8), (9), and (10), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following:
``(1) not later than 1 year after the date of enactment of
the Community Partnership to End Homelessness Act of 2005,
develop and submit to the President and to Congress a National
Strategic Plan to End Homelessness;'';
(C) in paragraph (5), as redesignated by
subparagraph (A), by striking ``at least 2, but in no
case more than 5'' and inserting ``not less than 5, but
in no case more than 10''; and
(D) by inserting after paragraph (5), as
redesignated by subparagraph (A), the following:
``(6) encourage the creation of State Interagency Councils
on Homelessness and the formulation of multi-year plans to end
homelessness at State, city, and county levels;
``(7) develop mechanisms to ensure access by persons
experiencing homelessness to all Federal, State, and local
programs for which the persons are eligible, and to verify
collaboration among entities within a community that receive
Federal funding under programs targeted for persons
experiencing homelessness, and other programs for which persons
experiencing homelessness are eligible, including mainstream
programs identified by the Government Accountability Office in
the 2 reports described in section 102(a)(5)(B);''; and
(4) by striking section 208 (42 U.S.C. 11318) and inserting
the following:
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``Of any amounts made available for any fiscal year to carry out
subtitles B and C of title IV, $3,000,000 shall be allocated to the
Assistant to the President for Domestic Policy within the Executive
Office of the President to carry out this title.''.
SEC. 4. HOUSING ASSISTANCE GENERAL PROVISIONS.
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)(A) by redesignating section 401 (42 U.S.C. 11361) as
section 403; and
(B) by redesignating section 402 (42 U.S.C. 11362) as
section 406;
(3) by inserting before section 403 (as redesignated in
paragraph (2)) the following:
``SEC. 401. DEFINITIONS.
``In this title:
``(1) Chronically homeless.--
``(A) In general.--The term `chronically homeless',
used with respect to an individual or family, means an
individual or family who--
``(i) is homeless;
``(ii) has been homeless continuously for
at least 1 year or has been homeless on at
least 4 separate occasions in the last 3 years;
and
``(iii) in the case of a family, has an
adult head of household with a disabling
condition.
``(B) Disabling condition.--As used in this
paragraph, the term `disabling condition' means a
condition that is a diagnosable substance use disorder,
serious mental illness, developmental disability (as
defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002)), or chronic physical illness or
disability, including the co-occurrence of 2 or more of
those conditions.
``(2) Collaborative applicant.--
``(A) In general.--The term `collaborative
applicant' means an entity that--
``(i) is a representative community
homeless assistance planning body established
or designed in accordance with section 402;
``(ii) serves as the applicant for project
sponsors who jointly submit a single
application for a grant under subtitle C in
accordance with a collaborative process; and
``(iii) if the entity is a legal entity and
is awarded such grant, receives such grant
directly from the Secretary.
``(B) State and local governments.--Notwithstanding
the requirements of subparagraph (A), the term
`collaborative applicant' includes a State or local
government, or a consortium of State or local
governments, engaged in activities to end homelessness.
``(3) Collaborative application.--The term `collaborative
application' means an application for a grant under subtitle C
that--
``(A) satisfies section 422 (including containing
the information described in subsections (a) and (c) of
section 426); and
``(B) is submitted to the Secretary by a
collaborative applicant.
``(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 entity, a private entity,
or an entity that is a combination of public and private
entities, that is 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) Legal entity.--The term `legal entity' means--
``(A) an entity described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of that Code;
``(B) an instrumentality of State or local
government; or
``(C) a consortium of instrumentalities of State or
local governments that has constituted itself as an
entity.
``(9) 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)).
``(10) New.--The term `new', used with respect to housing,
means housing for which no assistance has been provided under
this title.
``(11) Operating costs.--The term `operating costs' means
expenses incurred by a 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
with disabilities or homeless families that include
such an individual, 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.
``(12) Outpatient health services.--The term `outpatient
health services' means outpatient health care services, mental
health services, and outpatient substance abuse treatment
services.
``(13) Permanent housing.--The term `permanent housing'
means community-based housing without a designated length of
stay, and includes permanent supportive housing for homeless
individuals with disabilities and homeless families that
include such an individual who is an adult.
``(14) 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 and project-based
flexible rental assistance for permanent housing;
``(C) described in paragraphs (1) through (4) of
section 423(a) as they relate to permanent housing; or
``(D) involving the capitalization of a dedicated
project account from which payments are allocated for
rental assistance and operating costs of permanent
housing.
``(15) 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.
``(16) 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.
``(17) Project-based.--The term `project-based', used with
respect to rental assistance, means assistance provided
pursuant to a contract that--
``(A) is between--
``(i) 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.
``(18) Project sponsor.--The term `project sponsor', used
with respect to proposed eligible activities, means the
organization directly responsible for the proposed eligible
activities.
``(19) 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.
``(20) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(21) 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.
``(22) 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.
``(23) Supportive housing.--The term `supportive housing'
means housing that--
``(A) helps individuals experiencing homelessness
and families experiencing homelessness to transition
from homelessness to living in safe, decent, and
affordable housing as independently as possible; and
``(B) provides supportive services and housing
assistance on either a temporary or permanent basis, as
determined by the identified abilities and needs of the
program participants.
``(24) Supportive services.--The term `supportive
services'--
``(A) through the end of the final determination
year (as described in section 423(a)(6)(C)(iii)), means
the services described in section 423(a)(6)(A), for
both new projects and projects receiving renewal
funding; and
``(B) after that final determination year, means
the services described in section 423(a)(6)(B), as
permitted under section 423(a)(6)(C), for both new
projects and projects receiving renewal funding.
``(25) 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).
``(26) Transitional housing.--The term `transitional
housing' means housing, the purpose of which is to facilitate
the movement of individuals and families experiencing
homelessness to permanent housing within 24 months or such
longer period as the Secretary determines necessary.
``SEC. 402. COLLABORATIVE APPLICANTS.
``(a) Establishment and Designation.--A collaborative applicant
shall be established for a geographic area by the relevant parties in
that geographic area, or designated for a geographic area by the
Secretary in accordance with subsection (d), to lead a collaborative
planning process to design and evaluate programs, policies, and
practices to prevent and end homelessness.
``(b) Membership of Established Collaborative Applicant.--A
collaborative applicant established under subsection (a) shall be
composed of persons from a particular geographic area who are--
``(1) persons who are experiencing or have experienced
homelessness (with not fewer than 2 persons being individuals
who are experiencing or have experienced homelessness);
``(2) persons who act as advocates for the diverse
subpopulations of persons experiencing homelessness;
``(3) persons or representatives of organizations who
provide assistance to the variety of individuals and families
experiencing homelessness; and
``(4) relatives of individuals experiencing homelessness;
``(5) government agency 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 mainstream programs identified by the
Government Accountability Office in the 2 reports described in
section 102(a)(5)(B);
``(6) 1 or more local educational agency liaisons
designated under section 722(g)(1)(J)(ii), or their designees;
``(7) members of the business community;
``(8) members of neighborhood advocacy organizations; and
``(9) members of philanthropic organizations that
contribute to preventing and ending homelessness in the
geographic area of the collaborative applicant.
``(c) Rotation of Membership of Established or Designated
Collaborative Applicant.--The parties establishing or designating a
collaborative applicant under subsection (a) shall ensure, to the
extent practicable, that the collaborative applicant rotates its
membership to ensure that representatives of all agencies, businesses,
and organizations who are described in paragraphs (1) through (9) of
subsection (b) and invested in developing and implementing strategies
to prevent and end homelessness are able to participate as
decisionmaking members of the collaborative applicant.
``(d) Existing Planning Bodies.--The Secretary may designate an
entity to be a collaborative applicant if such entity--
``(1) prior to the date of enactment of the Community
Partnership to End Homelessness Act of 2005, engaged in
coordinated, comprehensive local homeless housing and services
planning and applied for Federal funding to provide homeless
assistance; and
``(2) ensures that its membership includes persons
described in paragraphs (1) through (9) of subsection (b).
``(e) Tax Exempt Organizations.--An entity may be established or
designated to serve as a collaborative applicant under this section
without being a legal entity. If a collaborative applicant is a legal
entity, the collaborative applicant may only receive funds directly
from the Secretary under this title, and may only apply for funds to
conduct the activities described in section 423(a)(7).
``(f) Remedial Action.--If the Secretary finds that a collaborative
applicant 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 subtitle C to eligible entities
within that area. Such measures may include designating another body as
a collaborative applicant, or permitting other eligible entities to
apply directly for grants.
``(g) 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.
``(h) Duties.--A collaborative applicant shall--
``(1)(A) design a collaborative process, established
jointly and complied with by its members, for evaluating,
reviewing, prioritizing, awarding, and monitoring projects and
applications submitted by project sponsors under subtitle C,
and for evaluating the outcomes of projects for which funds are
awarded under subtitle B, in such a manner as to ensure that
the entities involved further the goal of preventing and ending
homelessness, and optimizing self-sufficiency among individuals
and families experiencing 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 collaborative applicant 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 juvenile or adult correctional
institutions), and entities carrying out publicly
funded programs and systems of care (such as health
care or treatment programs, the programs of block
grants to States for temporary assistance for needy
families established under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), child
welfare or youth programs, or juvenile or adult
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 identified by the Government Accountability
Office in the 2 reports described in section
102(a)(5)(B), to ensure that persons experiencing
homelessness are able to access and utilize the
programs;
``(cc) local policies and practices relating to
zoning and enforcement of local statutes, to ensure
that the policies and practices allow reasonable
inclusion and distribution in the geographic area of
special needs populations and families with children
and the facilities that serve the populations and
families;
``(dd) policies and practices relating to the
school selection and enrollment of homeless children
and youths (as defined in section 725) to ensure that
the homeless children and youths, and their parents,
are able to exercise their educational rights under
subtitle B of title VII; and
``(ee) local policies and practices relating to the
placement of families with homeless children and youths
(as so defined) in emergency or transitional shelters,
to ensure that the children and youths are placed as
close as possible to their school of origin in order to
facilitate continuity of, and prevent disruption of,
educational services; 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 appropriate entities of the
determinations described in clause (i); and
``(iii) at least once every 3 years, prepare for inclusion
in any application reviewed by the collaborative applicant, 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 collaborative applicant 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)(A) 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 subtitle C 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; and
``(B) request that States and local governments who
distribute funds under subtitle B submit information and
comments on the administration of activities under subtitle B,
to enable the collaborative applicant to plan and design a full
continuum of care for persons experiencing homelessness;
``(3) require, consistent with the Government Performance
and Results Act of 1993 and amendments made by that Act,
outcome-based evaluation of the homeless assistance planning
process of the collaborative applicant to measure the
performance of the collaborative applicant in preventing or
ending the homelessness of persons in the geographic area of
the collaborative applicant;
``(4) participate in the Consolidated Plan for the
geographic area served by the collaborative applicant; and
``(5)(A) require each project sponsor who is funded by a
grant received under subtitle C to establish such fiscal
control and fund accounting procedures as may be necessary to
assure the proper disbursal of, and accounting for, Federal
funds awarded to the project sponsor under subtitle C in order
to ensure that all financial transactions carried out under
subtitle C are conducted, and records maintained, in accordance
with generally accepted accounting principles; and
``(B) arrange for an annual survey, audit, or evaluation of
the financial records of each project carried out by a project
sponsor funded by a grant received under subtitle C.
``(i) Conflict of Interest.--No member of a collaborative applicant
may participate in decisions of the collaborative applicant concerning
the award of a grant, or provision of other financial benefits, to such
member or the organization that such member represents.
``(j) Homeless Management Information System.--
``(1) In general.--In accordance with standards established
by the Secretary, each collaborative applicant shall ensure
consistent participation by project sponsors in a community-
wide homeless management information system. The collaborative
applicant shall ensure the participation for purposes of
collecting unduplicated counts of individuals and families
experiencing homelessness, analyzing patterns of use of
assistance provided under subtitles B and C for the geographic
area involved, implementing an effective information and
referral system, and providing information for the needs
analyses and funding priorities of collaborative applicants.
``(2) Funds.--A collaborative applicant may apply for funds
under this title to establish, continue, carry out, or ensure
consistent participation by project sponsors in a homeless
management information system, if the applicant is a legal
entity.'';
(4) by inserting after section 403 (as redesignated in
paragraph (2)) the following:
``SEC. 404. TECHNICAL ASSISTANCE.
``(a) Technical Assistance for Project Sponsors.--The Secretary
shall make effective technical assistance available to private
nonprofit organizations and other nongovernmental entities, States,
metropolitan cities, urban counties, and counties that are not urban
counties that are potential project sponsors, in order to implement
effective planning processes for preventing and ending homelessness, to
optimize self-sufficiency among individuals experiencing homelessness
and to improve their capacity to become project sponsors.
``(b) Technical Assistance for Collaborative Applicants.--The
Secretary shall make effective technical assistance available to
collaborative applicants to improve their ability to carry out the
provisions of this title, and to design and execute outcome-effective
strategies for preventing and ending homelessness in their geographic
areas consistent with the provisions of this title.
``(c) Reservation.--The Secretary may reserve not more than 1
percent of the funds made available for any fiscal year for carrying
out subtitles B and C, to make available technical assistance under
subsections (a) and (b).
``SEC. 405. PERFORMANCE REPORTS AND MONITORING.
``(a) In General.--A collaborative applicant 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 collaborative applicant, 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 (including the number of such persons who
were discharged or whose services were terminated as described
in section 422(c)(1)(B)(ii)(I)(bb)), 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;
``(G) received additional physical, mental, or
emotional health care;
``(H) were children under the age of 18 during the
year at issue, including the number of--
``(i) children who were not younger than 2
and not older than 4, or were infants or
toddlers with disabilities (as defined in
section 632 of the Individuals with
Disabilities Education Act (20 U.S.C. 1432));
``(ii) children described in clause (i) who
were enrolled in preschool or were receiving
services under part C of such Act (20 U.S.C.
1431 et seq.);
``(iii) children who were not younger than
5 and not older than 17;
``(iv) children described in clause (iii)
who are enrolled in elementary school or
secondary school (as such terms are defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)); and
``(v) children under the age of 18 who
received child care, health care, mental health
care, or supplemental educational services; and
``(I) were reunited with their families;
``(2) estimate the number of persons experiencing
homelessness, including children under the age of 18, in the
geographic area served by the collaborative applicant 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 that involved the use of the grant amounts
awarded in the prior fiscal year, regarding efforts to
coordinate services and programs within the geographic area;
``(4) indicate the accomplishments achieved within the
geographic area to--
``(A) increase access by persons experiencing
homelessness to programs that are not targeted for
persons experiencing homelessness (but for which
persons experiencing homelessness are eligible),
including mainstream programs identified by the
Government Accountability Office in the 2 reports
described in section 102(a)(5)(B); and
``(B) prevent the homelessness of persons
discharged from publicly funded institutions or systems
of care (such as health care facilities, child welfare
or other youth facilities or systems of care,
institutions or systems of care relating to the program
of block grants to States for temporary assistance for
needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), and
juvenile or adult correctional programs and
institutions);
``(5) describe how the collaborative applicant and other
involved public and private entities within the geographic area
will incorporate their experiences in the prior fiscal year
into the programs and process that the collaborative applicant
and entities will implement during the next fiscal year,
including describing specific strategies to improve their
performance outcomes;
``(6) assess the consistency and coordination between the
programs funded under subtitles B and C in the prior fiscal
year and the Consolidated Plan;
``(7) include updates to the exhibits described in section
402(h)(1)(B)(iii) that were included in applications--
``(A) submitted under section 422 by collaborative
applicants; and
``(B) approved by the Secretary;
``(8) for each project sponsor funded by the collaborative
applicant through a grant under subtitle C--
``(A) include a performance evaluation (which may
include information from the reports described in
subsection (a) and section 422(c)(1)(B)(vii)) of each
project carried out by the project sponsor, based on
the outcome-based evaluation measures described in
section 402(h)(2)(A), the measurements described in
section 423(a)(7), and the evaluation plan for the
project described in section 426(b)(8) and resulting
from the monitoring described in sections 402(h)(1)(A)
and 426(c)(3); and
``(B) include a report, resulting from a survey,
audit or evaluation conducted under section
402(h)(5)(B), detailing whether the project sponsor has
carried out the recordkeeping and reporting
requirements of section 402(h)(5); and
``(9) provide such other information as the Secretary finds
relevant to assessing performance, including performance on
success measures that are risk-adjusted to factors related to
the circumstances of the population served.
``(c) Waiver.--The Secretary may grant a waiver to any
collaborative applicant that is unable to provide information required
by subsection (b). Such collaborative applicant shall submit a plan to
provide such information within a reasonable period of time.
``(d) Monitoring by the Secretary.--
``(1) Collaborative applicants.--Each year, the Secretary
shall--
``(A) ensure that each collaborative applicant has
complied with the requirements of subsection (b)(8) and
section 402(h)(5);
``(B) require each collaborative applicant
receiving funds under subtitle C to establish such
fiscal control and fund accounting procedures as may be
necessary to assure the proper disbursal of, and
accounting for, Federal funds awarded to the
collaborative applicant under subtitle C in order to
ensure that all financial transactions carried out
under subtitle C are conducted, and records maintained,
in accordance with generally accepted accounting
principles; and
``(C) for a selected sample of collaborative
applicants receiving funds under subtitle C--
``(i) ensure that each selected
collaborative applicant has satisfactorily
carried out the recordkeeping and reporting
requirements of subsections (a) and (b),
section 426(c)(3), and, if applicable, section
426(c)(6); and
``(ii) survey, audit, or evaluate the
financial records of each selected
collaborative applicant receiving funds under
subtitle C to carry out section 423(a)(7)(A),
using Federal auditors.
``(2) Project sponsors.--Each year, the Secretary shall
select a sample of project sponsors and shall conduct a
performance evaluation of each project of each selected project
sponsor funded under subtitle C, using the outcome-based
evaluation measures developed by the appropriate collaborative
applicant in accordance with section 402(h)(2)(A) and including
the measurements described in section 423(a)(7).
``(e) Action by Secretary.--Based on the information available to
the Secretary, including information obtained pursuant to subsections
(b) and (d), the Secretary may adjust, reduce, or withdraw amounts made
available (or that would otherwise be made available) to collaborative
applicants, or take other action as appropriate (including designating
another body as a collaborative applicant, or permitting other
collaborative entities to apply directly for grants under subtitle C),
except that amounts already properly expended on eligible activities
under this title may not be recaptured by the Secretary.''; and
(5) by inserting after section 406 (as redesignated in
paragraph (2)) the following:
``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out title II and
this title $1,600,000,000 for fiscal year 2006 and such sums as may be
necessary for fiscal years 2007, 2008, 2009, and 2010.''.
SEC. 5. EMERGENCY SHELTER GRANTS PROGRAM.
Subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11371 et seq.) is amended--
(1) by striking section 412 (42 U.S.C. 11372) and inserting
the following:
``SEC. 412. GRANT ASSISTANCE.
``The Secretary shall make grants to States and local governments
(and to private nonprofit organizations providing assistance to persons
experiencing homelessness, in the case of grants made with reallocated
amounts) for the purpose of carrying out activities described in
section 414.
``SEC. 412A. AMOUNT AND ALLOCATION OF ASSISTANCE.
``(a) In General.--Of the amount made available to carry out this
subtitle and subtitle C for a fiscal year, the Secretary shall allocate
nationally not more than 15 percent of such amount for activities
described in section 414.
``(b) Allocation.--An entity that receives a grant under section
412, and serves an area that includes 1 or more geographic areas (or
portions of such areas) served by collaborative applicants that submit
applications under subtitle C, shall allocate the funds made available
through the grant to carry out activities described in section 414, in
consultation with the collaborative applicants.'';
(2) in section 413(b) (42 U.S.C. 11373(b)), 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'';
(3) by striking section 414 (42 U.S.C. 11374) and inserting
the following:
``SEC. 414. ELIGIBLE ACTIVITIES.
``(a) In General.--Assistance provided under section 412 may be
used for the following activities:
``(1) The renovation, major rehabilitation, or conversion
of buildings to be used as emergency shelters.
``(2) The provision of essential services, 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
such essential services have not been provided by the local
government during any part of the immediately preceding 12-
month period, or the use of assistance under this subtitle
would complement the provision of those essential services.
``(3) Maintenance, operation insurance, provision of
utilities, and provision of furnishings.
``(4) Efforts to prevent homelessness, such as the
provision of financial assistance to families who have received
eviction notices or notices of termination of utility services,
if--
``(A) the inability of such a family to make the
required payments is due to a sudden reduction in
income;
``(B) the assistance is necessary to avoid the
eviction or termination of services;
``(C) there is a reasonable prospect that the
family will be able to resume the payments within a
reasonable period of time; and
``(D) funds appropriated for the assistance will
not supplant funding for homelessness prevention
activities from other sources (other funds made
available under this Act).
``(b) Limitation.--Not more than 30 percent of the aggregate amount
of all assistance to a State or local government under this subtitle
may be used for activities under subsection (a)(4).''; and
(4) by repealing sections 417 and 418 (42 U.S.C. 11377,
11378).
SEC. 6. HOMELESS ASSISTANCE PROGRAM.
Subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle C--Homeless Assistance Program'';
(2) by striking sections 421 through 423 (42 U.S.C. 11381
et seq.) and inserting the following:
``SEC. 421. PURPOSES.
``The purposes of this subtitle are--
``(1) to promote the implementation of activities that can
prevent vulnerable individuals and families from becoming
homeless;
``(2) to promote the development of transitional and
permanent housing, including low-demand housing;
``(3) to promote access to and effective utilization of
mainstream programs identified by the Government Accountability
Office in the 2 reports described in section 102(a)(5)(B) and
programs funded with State or local resources; and
``(4) to optimize self-sufficiency among individuals
experiencing homelessness.
``SEC. 422. COMMUNITY HOMELESS ASSISTANCE PROGRAM.
``(a) Projects.--The Secretary shall award grants to collaborative
applicants to carry out homeless assistance and prevention projects,
either directly or by awarding funds to project sponsors to carry out
the projects.
``(b) Notification of Funding Availability.--The Secretary shall
release a Notification of Funding Availability for grants awarded under
this subtitle for a fiscal year not later than 3 months after the date
of enactment of the appropriate Act making appropriations for the
Department of Housing and Urban Development for the fiscal year.
``(c) Applications.--
``(1) Submission to the secretary.--To receive a grant
under subsection (a), a collaborative applicant shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require, and containing--
``(A) the information described in subsections (a)
and (c) of section 426; and
``(B) other information that shall--
``(i) describe the establishment (or
designation) and function of the collaborative
applicant, including--
``(I) the nomination and selection
process, including the names and
affiliations of all members of the
collaborative applicant; or
``(II) all meetings held by the
collaborative applicant in preparing
the application, including
identification of those meetings that
were public; and
``(III) all meetings between
representatives of the collaborative
applicant, 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;
``(II) outreach activities to
assess the needs and conditions of
persons experiencing homelessness,
including significant subpopulations of
such persons, including individuals
with disabilities, veterans, victims of
domestic violence, homeless children
and youths (as defined in section 725),
and chronically homeless individuals
and families;
``(III) emergency shelters,
including the supportive and referral
services the shelters provide;
``(IV) transitional housing with
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,
including services for children;
``(iii) prioritize the projects for which
the collaborative applicant seeks funding
according to the unmet needs in the fiscal year
for which the applicant submits the application
as described in clause (ii);
``(iv) identify funds from private and
public sources, other than funds received under
subtitles B and C, that the State, units of
general local government, recipients, project
sponsors, and others will use for homelessness
prevention, outreach, emergency shelter,
supportive services, transitional housing, and
permanent housing, that will be integrated with
the assistance provided under subtitles B and
C;
``(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 mainstream programs identified by the
Government Accountability Office in the 2
reports described in section 102(a)(5)(B);
``(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) how the collaborative
applicant will integrate the activities
described in the application with 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 subtitle C;
``(ix) contain a certification of
consistency with the Consolidated Plan pursuant
to section 403;
``(x) include an exhibit described in
section 402(h)(1)(B)(iii) and prepared by the
collaborative applicant in accordance with that
section; and
``(xi) contain a certification that project
sponsors for all projects for which the
collaborative applicant seeks funding through
the grant will establish policies and practices
that are consistent with, and do not restrict
the exercise of rights provided by, subtitle B
of title VII, and other laws relating to the
provision of educational and related services
to individuals experiencing homelessness.
``(2) Consideration.--In outlining the programs and
describing the needs referred to in paragraph (1)(A)(ii), the
collaborative applicant shall take into account the findings
and recommendations of the most recently completed annual
assessments, conducted pursuant to section 2034 of title 38,
United States Code, of the Department of Veterans Affairs
medical centers or regional benefits offices whose service
areas include the geographic area described in paragraph
(1)(A)(ii).
``(3) Announcement of awards.--The Secretary shall
announce, within 4 months after the last date for the
submission of applications described in this subsection for a
fiscal year, the grants conditionally awarded under subsection
(a) for that fiscal year.
``(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 of a grant announced under
paragraph (3) shall, with respect to a project
to be funded through such grant, meet, or cause
the project sponsor to meet, all requirements
for the obligation of funds for such project,
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 shall meet or cause a project sponsor
to 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 meets or causes a project sponsor to meet the
requirements described in subparagraph (A), 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 45 days after receiving a request
for such distribution from the project sponsor.
``(D) Expenditure of funds.--The Secretary may
establish a date by which funds made available through
a grant announced under paragraph (3) for a homeless
assistance and prevention project shall be entirely
expended by the recipient or project sponsors involved.
The Secretary shall recapture the funds not expended by
such date. The Secretary shall reallocate the funds for
another homeless assistance and prevention project that
meets the requirements of this subtitle to be carried
out, if possible and appropriate, in the same
geographic area as the area served through the original
grant.
``(d) Notification of Pro Rata Estimated Need Amounts.--
``(1) Notice.--The Secretary shall inform each
collaborative applicant, at a time concurrent with the release
of the Notice of Funding Availability for the grants, of the
pro rata estimated need amount under this subtitle for the
geographic area represented by the collaborative applicant.
``(2) Amount.--
``(A) Basis.--Such estimated need amount shall be
based on a percentage of the total funds available, or
estimated to be available, to carry out this subtitle
for any fiscal year that is equal to the percentage of
the total amount available for section 106 of the
Housing and Community Development Act of 1974 (42
U.S.C. 5306) for the prior fiscal year that--
``(i) was allocated to all metropolitan
cities and urban counties within the geographic
area represented by the collaborative
applicant; or
``(ii) would have been distributed to all
counties within such geographic area that are
not urban counties, if the 30 percent portion
of the allocation to the State involved (as
described in subsection (d)(1) of that section
106) for that year had been distributed among
the counties that are not urban counties in the
State in accordance with the formula specified
in that subsection (with references in that
subsection to nonentitlement areas considered
to be references to those counties).
``(B) Rule.--In computing the estimated need
amount, the Secretary shall adjust the estimated need
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 a
collaborative applicant that represents a combination
or consortium of cities or counties, the estimated need
amount shall be the sum of the estimated need amounts
for the cities or counties represented by the
collaborative applicant.
``(D) Authority of secretary.--The Secretary may
increase the estimated need amount for a geographic
area if necessary to provide 1 year of renewal funding
for all expiring contracts entered into under this
subtitle for the geographic area.
``(e) Appeals.--
``(1) In general.--Not later than 3 months after the date
of enactment of the Community Partnership to End Homelessness
Act of 2005, the Secretary shall establish a timely appeal
procedure for grant amounts awarded or denied under this
subtitle pursuant to an application for funding.
``(2) Process.--The Secretary shall ensure that the
procedure permits appeals submitted by collaborative
applicants, entities carrying out homeless housing and services
projects (including emergency shelters and homelessness
prevention programs), homeless planning bodies not designated
by the Secretary as collaborative applicants.
``(f) Renewal Funding for Unsuccessful Applicants.--The Secretary
may renew funding for a specific project previously funded under this
subtitle that the Secretary determines is worthy, and was included as
part of a total application that met the criteria of subsection (c),
even if the application was not selected to receive grant assistance.
The Secretary may renew the funding for a period of not more than 1
year, and under such conditions as the Secretary determines to be
appropriate.
``SEC. 423. ELIGIBLE ACTIVITIES.
``(a) In General.--The Secretary may award grants to qualified
collaborative applicants under section 422 to carry out homeless
assistance and prevention projects that consist of 1 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 supportive services or to provide transitional or
permanent housing, other than emergency shelter.
``(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 or project-based
rental assistance.
``(5) Payment of operating costs for housing units assisted
under this subtitle.
``(6)(A) Through the end of the final determination year
(as described in subparagraph (C)(iii)), the supportive
services described in section 425(c), for both new projects and
projects receiving renewal funding.
``(B) After that final determination year, for both new
projects and projects receiving renewal funding, services
providing job training, case management, outreach services,
life skills training, housing counseling services, and other
services determined by the Secretary (either at the Secretary's
initiative or on the basis of adequate justification by an
applicant) to be directly relevant to allowing persons
experiencing homelessness to access and retain housing.
``(C)(i) Not later than 30 days after the end of the fiscal
year in which the date of enactment of the Community
Partnership to End Homelessness Act of 2005 occurs (referred to
in this paragraph as the `initial year'), the Government
Accountability Office, after consultation with the
congressional committees with jurisdiction over the services
referred to in this pararaph, shall determine--
``(I) the amount of Federal funds (other than funds
made available under this subtitle) that were made
available to fund the supportive services described in
section 425(c), other than the services described in
subparagraph (B) (referred to in this paragraph as the
`outside supportive services amount') for that initial
year; and
``(II) the amount of Federal funds made available
under this subtitle to fund the supportive services
described in section 425(c), other than the services
described in subparagraph (B) (referred to in this
paragraph as the `subtitle B supportive services
amount') for that initial year.
``(ii) Not later than 30 days after the end of the third
full fiscal year after that date of enactment and of each
subsequent fiscal year (referred to in this paragraph as the
`determination year') until the final determination year
described in clause (iii), the Government Accountability
Office, after consultation with the committees described in
clause (i), shall--
``(I) determine the outside supportive services
amount for that determination year;
``(II) calculate the increase in the outside
supportive services amount, by subtracting the outside
supportive services amount for the initial year from
the outside supportive services amount for that
determination year;
``(III) make--
``(aa) a positive determination that the
increase is greater than or equal to the
subtitle B supportive services amount for the
initial year; or
``(bb) a negative determination that that
increase is less than that amount; and
``(IV) submit a report regarding that determination
year, and containing the positive or negative
determination, to the Secretary.
``(iii) On receipt of such a report regarding a
determination year that contains a positive determination, the
Secretary may publish a notice in the Federal Register,
containing a proposed order that subparagraph (B) shall apply
for subsequent fiscal years, and seeking public comment for a
period of not less than 60 days. At the end of the comment
period, the Secretary may issue a final order that subparagraph
(B) shall apply for subsequent fiscal years. If the Secretary
issues that final order, the determination year shall be
considered to be the final determination year for purposes of
this subparagraph.
``(iv) If the Secretary does not issue a final order under
clause (iii), subparagraph (A) shall apply for the fiscal year
following the determination year.
``(7)(A) In the case of a collaborative applicant that is a
legal entity, payment of administrative costs related to
planning, administering grand awards for, monitoring, and
evaluating projects, and ensuring compliance with homeless
management information system requirements described in section
402(j)(2), for which the collaborative applicant may use not
more than 6 percent of the total funds made available through
the grant. A project sponsor receiving funds from the
collaborative applicant may use not more than an additional 5
percent of the total funds made available through the grant for
such administrative costs.
``(B) For purposes of this paragraph, monitoring and
evaluating shall include--
``(i) measuring the outcomes of the homeless
assistance planning process of a collaborative
applicant for preventing and ending homelessness;
``(ii) the effective and timely implementation of
specific projects funded under this subtitle, relative
to projected outcomes; and
``(iii) in the case of a housing project funded
under this subtitle, compliance with appropriate
standards of housing quality and habitability as
determined by the Secretary.
``(8) Prevention activities (for which a collaborative
applicant may use not more than 5 percent of the funds made
available through the grant), including--
``(A) providing financial assistance to individuals
or families who have received eviction notices,
foreclosure notices, or notices of termination of
utility services if, in the case of such an individual
or family--
``(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
the eviction, foreclosure, or termination of
services; and
``(iii) there is a reasonable prospect that
the individual or family will be able to resume
the payments within a reasonable period of
time;
``(B) carrying out relocation activities (including
providing security or utility deposits, rental
assistance for a final month at a location, assistance
with moving costs, or rental assistance for not more
than 3 months) for moving into transitional or
permanent housing, individuals, and families that
include such individuals--
``(i) who lack housing;
``(ii) who are being discharged from a
publicly funded acute care or long-term care
facility, program, or system of care, or whose
services (from such a facility, program, or
system of care) are being terminated; and
``(iii) who 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 subtitle is utilized; and
``(C) providing family support services that
promote reunification of--
``(i) youth experiencing homelessness, with
their families; and
``(ii) children or youth involved with the
child welfare or juvenile justice systems, with
their parents or guardians.
``(b) Eligibility for Funds for Prevention Activities.--To be
eligible to receive grant funds under section 422 to carry out the
prevention activities described in subsection (a)(8), an applicant
shall submit an application to the Secretary under section 422 that
shall include a certification in which--
``(1) the relevant public entities in the geographic area
involved certify compliance with subsection (c); and
``(2) 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.
``(c) Supplement, Not Supplant.--Funds appropriated under section
407 and made available for prevention activities described in
subsection (a)(8) shall be used to supplement and not supplant other
Federal, State, and local public funds used for homelessness
prevention.
``(d) 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 15 years.
``(2) Other activities.--A project that consists of
activities described in any of paragraphs (3) through (8) 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 collaborative applicant
involved to carry out instead a project for the direct benefit
of low-income persons, and the collaborative applicant
determines that the initial project is no longer needed to
provide transitional or permanent housing, the collaborative
applicant may recommend that the Secretary approve the project
described in the request and authorize the recipient or project
sponsor to carry out that project. If the collaborative
applicant is the recipient or project sponsor, it shall submit
such a request directly to the Secretary who shall determine if
the conversion of the project is appropriate.
``(e) Incentives To Create New Permanent Housing Stock.--
``(1) Awards.--
``(A) In general.--In making grants to
collaborative applicants under section 422, the
Secretary shall make awards that provide the incentives
described in paragraph (2) to promote the creation of
new permanent housing units through the construction,
or acquisition and rehabilitation, of permanent housing
units, that are owned by a project sponsor or other
independent entity who entered into a contract with a
recipient or project sponsor, for--
``(i) chronically homeless individuals and
chronically homeless families; and
``(ii) nondisabled homeless families.
``(B) Limitation.--In awarding funds under this
subsection, the Secretary shall not award more than 10
percent of the funds for project sponsors or
independent entities that propose to serve nondisabled
homeless families.
``(2) Assistance.--
``(A) Individuals with disabilities.--A
collaborative applicant that receives assistance under
section 422 to implement a project that involves the
construction, or acquisition and rehabilitation, of new
permanent housing units described in paragraph (1), for
individuals and families described in paragraph
(1)(A)(i), shall also receive, as part of the grant,
incentives consisting of--
``(i) funds sufficient to provide not more
than 10 years of rental assistance, renewable
in accordance with section 428;
``(ii) a bonus in an amount to be
determined by the Secretary to carry out
activities described in this section; and
``(iii) the technical assistance needed to
ensure the financial viability and programmatic
effectiveness of the project.
``(B) Nondisabled homeless families.--A
collaborative applicant that receives assistance under
section 422 to implement a project that involves the
construction, or acquisition and rehabilitation, of new
permanent housing units described in paragraph (1), for
nondisabled homeless families, shall also receive
incentives consisting of--
``(i) a bonus in an amount to be determined
by the Secretary to carry out activities
described in this section; and
``(ii) the technical assistance needed to
ensure the financial viability and programmatic
effectiveness of the project.
``(3) Eligible applicants.--To be eligible to receive a
grant under this subtitle to carry out activities to create new
permanent housing stock for individuals and families described
in paragraph (1), an applicant shall be a collaborative
applicant as described in this subtitle, a private nonprofit or
for profit organization, a public-private partnership, a public
housing agency, or an instrumentality of a State or local
government.
``(4) Location.--To the extent practicable, a collaborative
applicant that receives a grant under this subtitle to create
new permanent housing stock shall ensure that the housing is
located in a mixed-income environment.
``(5) Definition.--In this subsection, the term
`nondisabled homeless family' means a homeless family that does
not have an adult head of household with a disabling condition,
as defined in section 401(1)(B).
``(f) Repayment of Assistance and Prevention of Undue Benefits.--
``(1) Repayment.--If a recipient (or a project sponsor
receiving funds from the recipient) 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 the project sponsor receiving funds from
the recipient) to repay 100 percent of the assistance;
or
``(B) not earlier than 10 years, but earlier than
15 years, after operation of the project begins, the
Secretary shall require the recipient (or the project
sponsor receiving funds from the recipient) to repay 20
percent of the assistance for each of the years in the
15-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 15-year period beginning on the date that
operation of the project begins, the recipient (or the project
sponsor receiving funds from the recipient) who received the
assistance shall comply with such terms and conditions as the
Secretary may prescribe to prevent the recipient (or a project
sponsor receiving funds from the recipient) from unduly
benefitting from such sale or disposition.
``(3) Exception.--A recipient (or a project sponsor
receiving funds from the recipient) 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.'';
(3) in section 425 (42 U.S.C. 11385), by striking
subsection (c) and inserting the following:
``(c) Services.--Subject to section 423(a)(6), supportive services
may include such services as--
``(1) establishing and operating a child care services
program for families experiencing homelessness;
``(2) establishing and operating an employment assistance
program, including providing job training;
``(3) providing outpatient health services, food, and case
management;
``(4) providing assistance in obtaining permanent housing,
employment counseling, and nutritional counseling;
``(5) providing outreach services, life skills training,
and housing search and counseling services;
``(6) providing assistance in obtaining other Federal,
State, and local assistance available for residents of
supportive housing (including mental health benefits,
employment counseling, and medical assistance, but not
including major medical equipment);
``(7) providing legal services for purposes including
requesting reconsiderations and appeals of veterans and public
benefit claim denials and resolving outstanding warrants that
interfere with an individual's ability to obtain and retain
housing;
``(8) providing--
``(A) transportation services that facilitate an
individual's ability to obtain and maintain employment;
``(B) income assistance;
``(C) health care; and
``(D) other supportive services necessary to obtain
and maintain housing; and
``(9) providing other services determined by the Secretary
(either at the Secretary's initiative or on the basis of
adequate justification by an applicant) to be directly relevant
to allowing persons experiencing homelessness to access and
retain housing.'';
(4) in section 426 (42 U.S.C. 11386)--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``Applications'' and all that follows through
``shall'' and inserting ``Applications for
assistance under section 422 shall'';
(ii) in paragraph (2)--
(I) by striking subparagraph (B)
and inserting the following:
``(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
(iii) in paragraph (3), in the last
sentence, by striking ``recipient'' and
inserting ``recipient (or a project sponsor
receiving funds from the recipient)'';
(B) by striking subsections (b) and (c) and
inserting:
``(b) Selection Criteria.--The Secretary shall award funds to
collaborative applicants, and other eligible applicants that have been
approved by the Secretary, by a national competition based on criteria
established by the Secretary, which shall include--
``(1) the capacity of the applicant based on the past
performance and management of the applicant;
``(2) if applicable, previous performance regarding
homelessness prevention, housing, and services programs funded
in any fiscal year prior to the date of submission of the
application;
``(3) 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;
``(4) if applicable, the extent to which an evaluation for
the project will--
``(A) 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) include evaluations obtained directly from
the individuals or families served by the project; and
``(C) be submitted by the project sponsors for the
grant, to the collaborative applicant, for review and
use in assessments, conducted by the collaborative
applicant, consistent with the duty of the
collaborative applicant to ensure effective outcomes
that contribute to the goal of preventing and ending
homelessness in the geographic area served by the
collaborative applicant;
``(5) the need for the type of project proposed in the
geographic area to be served and the extent to which
prioritized programs meet unmet needs;
``(6) the extent to which the amount of assistance to be
provided under this subtitle will be supplemented with
resources from other public and private sources, including
mainstream programs identified by the Government Accountability
Office in the 2 reports described in section 102(a)(5)(B);
``(7) demonstrated coordination with the other Federal,
State, local, private, and other entities serving individuals
experiencing homelessness in the planning and operation of
projects, to the extent practicable;
``(8) the extent to which the membership of the
collaborative applicant involved represents the composition
described in section 402(b) and the extent of membership
involvement in the application process; and
``(9) such other factors as the Secretary determines to be
appropriate to carry out this subtitle in an effective and
efficient manner.
``(c) Required Agreements.--The Secretary may not provide
assistance for a proposed project under this subtitle unless the
collaborative applicant involved agrees--
``(1) to ensure the operation of the project in accordance
with the provisions of this subtitle;
``(2) to conduct an ongoing assessment of access to
mainstream programs referred to in subsection (b)(4);
``(3) to monitor and report to the Secretary the progress
of the project;
``(4) to develop and implement procedures to ensure--
``(A) the confidentiality of records pertaining to
any individual provided family violence prevention or
treatment services through the project; and
``(B) that the address or location of any family
violence shelter project assisted under this subtitle
will not be made public, except with written
authorization of the person responsible for the
operation of such project;
``(5) to ensure, to the maximum extent practicable, that
individuals and families experiencing homelessness are
involved, through employment, provision of volunteer services,
or otherwise, in constructing, rehabilitating, maintaining, and
operating facilities for the project and in providing
supportive services for the project;
``(6) if a collaborative applicant receives funds under
subtitle C to carry out the payment of administrative costs
described in section 423(a)(7), to establish such fiscal
control and fund accounting procedures as may be necessary to
assure the proper disbursal of, and accounting for, such funds
in order to ensure that all financial transactions carried out
with such funds are conducted, and records maintained, in
accordance with generally accepted accounting principles; and
``(7) to comply with such other terms and conditions as the
Secretary may establish to carry out this subtitle in an
effective and efficient manner.'';
(C) in subsection (d), in the first sentence, by
striking ``recipient'' and inserting ``recipient or
project sponsor'';
(D) by striking subsection (e);
(E) by redesignating subsections (f), (g), and (h),
as subsections (e), (f), and (g), respectively;
(F) in subsection (f) (as redesignated in
subparagraph (E)), in the first sentence, by striking
``recipient'' each place it appears and inserting
``recipient or project sponsor'';
(G) by striking subsection (i); and
(H) by redesignating subsection (j) as subsection
(h);
(5)(A) by repealing section 429 (42 U.S.C. 11389); and
(B) by redesignating sections 427 and 428 (42 U.S.C. 11387,
11388) as sections 431 and 432, respectively; and
(6) by inserting after section 426 the following:
``SEC. 427. ALLOCATION AMOUNTS AND INCENTIVES FOR SPECIFIC ELIGIBLE
ACTIVITIES.
``(a) Purpose.--The Secretary shall promote--
``(1) permanent housing development activities for--
``(A) homeless individuals with disabilities and
homeless families that include such an individual; and
``(B) nondisabled homeless families; and
``(2) prevention activities described in section 423(a)(8).
``(b) Definition.--In this section, the term `nondisabled homeless
family' means a homeless family that does not include a homeless
individual with a disability.
``(c) Annual Portion of Appropriated Amount Available.--
``(1) Disabled homeless individuals and families.--
``(A) In general.--From the amount made available
to carry out this subtitle for a fiscal year, a portion
equal to not less than 30 percent of the sums made
available to carry out subtitle B and this subtitle for
that fiscal year shall be used for activities to
develop new permanent housing, in order to help create
affordable permanent housing for homeless individuals
with disabilities and homeless families that include
such an individual who is an adult.
``(B) Calculation.--In calculating the portion of
the amount described in subparagraph (A) that is used
for activities described in subparagraph (A), the
Secretary shall not count funds made available to renew
contracts for existing projects (in existence as of the
date of the renewal) under section 428.
``(2) Prevention activities.--From the amount made
available to carry out this subtitle for a fiscal year, a
portion equal to not more than 5 percent of the sums described
in paragraph (1) shall be used for prevention activities
described in section 423(a)(8).
``(d) Funding for Acquisition, Construction, and Rehabilitation of
Permanent or Transitional Housing.--Nothing in this Act shall 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 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 for permanent
housing, within the account referred to as the `Homeless Assistance
Grants Account' on the date of enactment of the Community Partnership
to End Homelessness Act of 2005.
``(b) Renewals.--Such sums shall be available for the renewal of
contracts for a 1-year term for rental assistance and housing operation
costs associated with permanent housing projects funded under this
subtitle, or under subtitle C or F (as in effect on the day before the
date of enactment of the Community Partnership to End Homelessness Act
of 2005). The Secretary shall determine whether to renew a contract for
such a permanent housing project 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.
``(c) Construction.--Nothing in this section shall be construed as
prohibiting the Secretary from renewing contracts under this subtitle
in accordance with criteria set forth in a provision of this subtitle
other than this section.
``SEC. 429. MATCHING FUNDING.
``(a) In General.--A recipient of a grant (including a renewed
grant) under this subtitle shall make available contributions, in cash,
in an amount equal to not less than 25 percent of the Federal funds
provided under the grant.
``(b) Application.--Subsection (a) shall not apply in the case of a
grant for activities consisting of the payment of operating costs
associated with permanent housing renewal grants described in section
428 that fund the operation of permanent housing--
``(1) for individuals or families whose incomes are 50
percent or less of the median income for an individual or
family, respectively, in the geographic area involved; and
``(2) that receives no Federal or State funds from a source
other than this subtitle.
``SEC. 430. APPEAL PROCEDURE.
``(a) In General.--With respect to funding under this subtitle, if
certification of consistency with the Consolidated Plan pursuant to
section 403 is withheld from an applicant who has submitted an
application for that certification, such applicant may appeal such
decision to the Secretary.
``(b) Procedure.--The Secretary shall establish a procedure to
process the appeals described in subsection (a).
``(c) Determination.--Not later than 45 days after the date of
receipt of an appeal described in subsection (a), the Secretary shall
determine if certification was unreasonably withheld. If such
certification was unreasonably withheld, the Secretary shall review
such application and determine if such applicant shall receive funding
under this subtitle.''.
SEC. 7. REPEALS AND CONFORMING AMENDMENTS.
(a) 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 repealed.
(b) Conforming Amendments.--
(1) United states interagency council on homelessness.--
Section 2066(b)(3)(F) of title 38, United States Code and
section 506(a) of the Public Health Service Act (42 U.S.C.
290aa-5(a)) are amended by striking ``Interagency Council on
the Homeless'' and inserting ``United States Interagency
Council on Homelessness''.
(2) Consolidated plan.--Section 403(1) of the McKinney-
Vento Homeless Assistance Act, as redesignated in section 4(2),
is amended--
(A) by striking ``current housing affordability
strategy'' and inserting ``Consolidated Plan''; and
(B) by inserting before the comma the following:
``(referred to in that section as a `comprehensive
housing affordability strategy')''.
(3) 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:
``(d) Persons Experiencing Homelessness.--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. 8. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment of
this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10749)
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (text of measure as introduced: CR S10749-10758)
Committee on Banking, Housing, and Urban Affairs Subcommittee on Housing, Transportation and Community Development. Hearings held. With printed Hearing: S.Hrg. 109-872.
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