Homeless Emergency Assistance and Rapid Transition to Housing Act of 2008 - (Sec. 3) Amends the McKinney-Vento Homeless Assistance Act to redefine "homeless, homeless individual, or homeless person." Includes in such definition not only a family lacking a fixed, regular, and adequate nighttime residence, but also an individual or family who: (1) will imminently lose their housing; (2) has no subsequent residence identified; and (3) lacks the resources or support networks needed to obtain other permanent housing.
Includes as well an individual who resided in a shelter or place not meant for human habitation and is exiting an institution where he or she temporarily resided.
Requires the Secretary to consider as homeless any individual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the individual's or family's current housing situation, including where the health and safety of children are jeopardized, and who have no other residence and lack the resources or support networks to obtain other permanent housing.
Requires the Comptroller General to study and report to Congress on the best available point-in-time and longitudinal estimates available of the number of individuals and families nationwide who are homeless.
(Sec. 4) Declares that the mission of the U.S. Interagency Council on Homelessness is to coordinate the federal response to homelessness and to create a national partnership at every level of government and with the private sector to reduce and end homelessness in the nation while maximizing the effectiveness of federal contributions to end homelessness.
Adds to the membership of such Council the Commissioner of Social Security, the U.S. Attorney General, the Director of the Office of Management and Budget (OMB), the Director of the Office of Faith-Based and Community Initiatives, the Director of USAFreedom Corps, and the Commissioner of the Internal Revenue Service (IRS), or their respective designees.
Requires: (1) the Council to meet quarterly (currently, annually); and (2) rotation of the position of Chairperson and Vice Chairperson at the first meeting of each year.
Directs the Council to develop, make available for public comment, and submit to the President and Congress a National Strategic Plan to End Homelessness, to be updated annually.
Increases the number of regional coordinators employed by the Council from between two and five to between five and 10.
Requires the Council to: (1) encourage state and local governments to develop 10-year plans to end homelessness; and (2) develop constructive alternatives to criminalizing homelessness and eliminate laws and policies that prohibit sleeping, feeding, sitting, resting, or lying in public spaces when there are no suitable alternatives, result in the destruction of a homeless person's property without due process, or are selectively enforced against homeless persons.
Authorizes the Council to: (1) arrange national (currently, federal) conferences to develop and coordinate effective programs and activities to assist homeless individuals; (2) pay for expenses of attendance at meetings regarding the functions or activities for which the appropriation is made; and (3) establish a National Advisory Panel to advise and assist it in achieving its mission by convening a national group of experts in policy and practice from the public and private sector, including consumers.
Requires the annual reports to Congress and the Council by federal agency heads who are also Council members to include agency efforts to prevent homelessness through initiatives in targeted or mainstream programs.
Requires the President (currently, the Council) to appoint an Executive Director of the Council, with the advice and consent of the Senate, to serve at the pleasure of the President, and to be compensated at a rate up to the maximum level for the Senior Executive Service (currently, up to the basic rate payable for level V of the Executive Schedule).
Authorizes appropriations for FY2009-FY2013.
Title I: Housing Assistance General Provisions - (Sec. 102) Prescribes requirements for a collaborative homeless assistance grant applicant for a geographic area, which shall: (1) design a collaborative process for applying for housing assistance; (2) participate in the Consolidated Plan for the geographic area served; (3) ensure operation and participation in a communitywide homeless management information system (HMIS); and (4) certify whether or not the applicable states and local governments are criminalizing homelessness in specified ways.
Authorizes collaborative applicants to become unified funding agencies responsible for distributing funds to grantees and ensuring proper accounting methods.
(Sec. 103) Prohibits any project sponsor receiving funds to provide emergency shelter, transitional housing, or permanent housing to families with children under age 18 from denying admission to any family based on the age of any child under 18.
Makes an exception to this prohibition for project sponsors of transitional housing which target transitional housing resources to families with children of a specific age, if the project sponsor: (1) operates a transitional housing program that has a primary purpose of implementing an evidence-based practice that requires that housing units be targeted to such families; and (2) provides assurances that an equivalent appropriate alternative living arrangement for the whole family or household unit has been secured.
Directs the Secretary to make technical assistance available to private nonprofit organizations and other nongovernmental entities, states, metropolitan cities, and both urban and nonurban counties to: (1) implement effective planning processes for preventing and ending homelessness; (2) improve their capacity to prepare collaborative applications; (3) prevent the separation of families in emergency shelter or other housing programs; and (4) adopt and provide best practices in housing and services for persons experiencing homelessness.
(Sec. 104) Requires the Secretary to instruct a victim service provider that is a grant recipient or subgrantee not to disclose for HMIS purposes any personal identifying information about any client.
(Sec. 105) Authorizes appropriations for FY2010-FY2013.
Earmarks funds for one-year renewals of expiring contracts for permanent housing leasing, rental assistance, and operating costs.
Title II: Emergency Solutions Grants Program - (Sec. 201) Renames the Emergency Shelter Grants (ESG) program the Emergency Solutions Grants Program.
Directs the Secretary to allocate nationally 20% of homeless assistance funding for specified activities. Allows a grantee to use up to 50% for traditional shelter and street outreach activities.
Requires the Secretary to reduce by half the amount of administrative funds available to any jurisdiction for which a collaborative applicant has certified that the local government has criminalized homelessness.
(Sec. 202) Specifies among eligible activities short- or medium-term rent assistance, and new homelessness prevention and housing relocation and stabilization activities.
(Sec. 203) Requires the Secretary to ensure that Emergency Solutions Grants recipients ensure the consistent participation by emergency shelters and homelessness prevention and rehousing programs in any applicable communitywide HMIS.
(Sec. 204) Increases from 5% to 10% the amount of any Emergency Solutions Grant a recipient may use for administrative purposes.
Title III: Continuum of Care Program - (Sec. 301) Consolidates the Supportive Housing and other specified existing programs into the Continuum of Care Grant Program, whose purpose is promoting commitment to ending homelessness, rehousing homeless people, minimizing the trauma of homelessness, helping people access mainstream services, and optimizing self-sufficiency.
Declares that assistance under such Program is intended to facilitate the utilization of Low Income Housing Tax Credits under the Internal Revenue Code.
Permits the Secretary to award grants to solo applicants but only if they have attempted to participate in the Continuum of Care Program and were not permitted to participate in a reasonable manner.
Grants flexibility to a collaborative applicant to serve persons defined as homeless under other federal statutes.
(Sec. 302) Specifies eligible activities under the Continuum of Care Program, including construction, acquisition, rehabilitation, leasing, rental assistance, operating costs, supportive services, rehousing services, and HMISs.
Requires projects receiving funding for construction, acquisition, or rehabilitation to be used for their intended purpose for at least 20 years. Authorizes conversion of a project no longer needed for its intended purpose in order to benefit low-income people directly.
Requires the grantee of any project needed but not used to serve homeless people for between 10 and 20 years, except under certain conditions, to repay all or a portion of the grant.
Requires permanent housing rental assistance to be administered by a state or local government or a public housing agency.
(Sec. 303) Prescribes incentives for high-performing communities, including flexibility to serve persons defined as homeless under other federal statutes.
(Sec. 304) Revises supportive housing requirements for grantees. Requires them to: (1) designate a staff person to be responsible for ensuring that children being served in programs that provide housing or services to families are enrolled in school and connected to appropriate services in the community such as Head Start, the Early Intervention Program for Infants and Toddlers with Disabilities, and programs to educate homeless children and youth; and (2) place families with children as close as possible to their school of origin so as not to disrupt their education.
(Sec. 305) Revises grant selection criteria and prescribes fund allocation formulae for the Continuum of Care Program, as well as incentives for proven strategies and their successful implementation.
Authorizes funding for renewal of permanent housing contracts, either under the Continuum of Care Program appropriations account or under the section 8 project-based rental assistance account. Makes renewal under the project-based rental assistance account contingent on sufficient funding in such account for the full year renewal of all project-based contracts expiring in such year.
Makes specified funds available, subject to certain terms, for renewal of contracts for tenant-based assistance, project-based assistance, rental assistance, and housing operation costs associated with permanent housing projects.
Prescribes requirements for matching funding.
Directs the Secretary to establish an appeal procedure for denied certifications.
(Sec. 306) Authorizes appropriations for FY2010-FY2013 for research into the efficacy of interventions for homeless families, to be expended over three years at three different sites to provide services for homeless families and evaluate the effectiveness of such services.
Title IV: Rural Housing Stability Assistance Program - (Sec. 401) Revises and renames the Rural Homeless Assistance Program the Rural Housing Stability Assistance Program.
Requires the program to: (1) rehouse or find housing for people who are homeless or at risk of homelessness; (2) stabilize people in imminent danger of losing their housing; and (3) improve the ability of the lowest income residents to afford stable housing.
Adds to the list of eligible Program grant uses construction, acquisition, rehabilitation, leasing, rental assistance, and payment of operating costs for transitional or permanent housing for homeless people.
Adds to application requirements a description of: (1) consultations to determine the most important uses of funding; and (2) the nature of homelessness and the worst housing situations in the area.
Sets a uniform 25% cash or in-kind match requirement for the project or activity; except that grants for leases shall not be subject to matching requirements.
Directs the Secretary to establish criteria for selecting grant recipients, including specified requirements.
Defines a rural area as any place outside of a metropolitan statistical area or any census tract within a metropolitan statistical area that is at least 75% rural.
Prescribes requirements for the funding process for the rural program.
Allows a rural applicant to apply under the Continuum of Care Program or the Rural Housing Stability Program. Requires that, if the Secretary receives applications from the same rural area under both programs, the Secretary must first seek agreement from the applicants about how to proceed, or, in the absence of agreement, must fund the application that would result in the most funding for the geographic area.
(Sec. 402) Requires the Comptroller General to study and report to Congress on homelessness and homeless assistance in rural areas and communities.
Title V: Repeals and Conforming Amendments - (Sec. 501) Repeals provisions of the McKinney-Vento Homeless Assistance Act: (1) establishing the Safe Havens for Homeless Individuals Demonstration Program; (2) providing Section 8 housing assistance for single room occupancy dwellings; and (3) establishing the Shelter Plus Care Program.
(Sec. 502) Makes other conforming amendments to such Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 840 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 840
To amend the McKinney-Vento Homeless Assistance Act to consolidate the
housing assistance programs for homeless persons under title IV of such
Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2007
Ms. Carson (for herself, Mr. Davis of Kentucky, Ms. Lee, and Mr. Renzi)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To amend the McKinney-Vento Homeless Assistance Act to consolidate the
housing assistance programs for homeless persons under title IV of such
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of homeless individual.
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
Sec. 101. Definitions.
Sec. 102. Community homeless assistance planning boards.
Sec. 103. Technical assistance and performance reports.
Sec. 104. Protection of personally identifying information by victim
service providers.
Sec. 105. Authorization of appropriations.
TITLE II--EMERGENCY SHELTER GRANTS PROGRAM
Sec. 201. Grant assistance.
Sec. 202. Amount and allocation of assistance.
Sec. 203. Eligible activities.
Sec. 204. Repeals.
TITLE III--CONTINUUM OF CARE PROGRAM
Sec. 301. Continuum of care.
Sec. 302. Eligible activities.
Sec. 303. Program requirements.
Sec. 304. Allocation amounts and funding.
TITLE IV--REPEALS AND CONFORMING AMENDMENTS
Sec. 401. Repeals.
Sec. 402. Conforming amendments.
Sec. 403. Amendment to table of contents.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) a lack of affordable housing and limited scale of
housing assistance programs are the primary causes of
homelessness; and
(2) homelessness affects all types of communities in the
United States, including rural, urban, and suburban areas.
(b) Purposes.--The purposes of this Act are--
(1) to consolidate the separate homeless assistance
programs carried out under title IV of the McKinney-Vento
Homeless Assistance Act (consisting of the supportive housing
program and related innovative programs, the safe havens
program, the section 8 assistance program for single-room
occupancy dwellings, 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. 3. 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, or
camping ground due to the lack of alternative
adequate accommodations; or
``(iii) is living in an emergency or
transitional shelter;
``(B) an individual who has 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) an individual living in an institution that
provides a temporary residence for individuals intended
to be institutionalized.''; 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 probation or parole.''
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
SEC. 101. DEFINITIONS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle A--General Provisions'';
(2) by redesignating sections 401 and 402 (42 U.S.C. 11361,
11362) as sections 403 and 406, respectively; and
(3) by inserting before section 403 (as so redesignated by
paragraph (2) of this section) the following new section:
``SEC. 401. DEFINITIONS.
``For purposes of this title:
``(1) 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;
``(B) carrying out relocation activities (including
providing security or utility deposits, rental
assistance for a final month or residence at a
location, assistance with moving costs, or rental
assistance for not more than 6 months) for moving into
transitional or permanent housing individuals and
families who--
``(i) lack housing;
``(ii) are being discharged from a publicly
funded facility or institution (such as a
health care or treatment facility or
institution, child welfare or youth facility,
or juvenile or adult correctional institution)
or are being terminated from services provided
by such facility or institution; and
``(iii) have plans, developed
collaboratively by the public entities involved
and the individuals and families, for securing
or maintaining housing after any funding
provided under this title is used;
``(C) providing family support services that
promote reunification of--
``(i) youth experiencing homelessness, with
their families; and
``(ii) children or youth involved with the
child welfare or juvenile justice systems, with
their parents or guardians; and
``(D) carrying out relocation activities (as
described in subparagraph (B)) and providing victim
services and other supportive services to individuals
who are victims of domestic violence, dating violence,
sexual assault, or stalking, and are in danger of
becoming homeless because of the violence or abuse
``(8) Independently owned.--The term `independently owned',
used with respect to rental assistance, means assistance
provided pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor;
and
``(ii) an independent entity that--
``(I) is a private organization;
and
``(II) owns or leases dwelling
units; and
``(B) provides that rental assistance payments
shall be made to the independent entity and that
eligible persons shall occupy such assisted units.
``(9) Low-demand program.--The term `low-demand program'
means a program that does not require, but offers, in a non-
coercive manner--
``(A)(i) health care services, mental health
services, and substance abuse services; and
``(ii) other supportive services, which may include
medication management, education, counseling, advocacy,
job training, and assistance in obtaining entitlement
benefits or in obtaining such supportive services; and
``(B) referrals for services described in
subparagraph (A).
``(10) 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 services.
``(14) Permanent housing.--The term `permanent housing'
means community-based housing without a designated length of
stay, and includes both permanent supportive housing and
permanent housing without supportive services.
``(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) Personally identifying information.--The term
`personally identifying information' means individually
identifying information for or about an individual, including
information likely to disclose the location of a victim of
domestic violence, dating violence, sexual assault, or
stalking, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(D) a social security number; and
``(E) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any other non-
personally identifying information, would serve to
identify any individual.
``(17) Private nonprofit organization.--The term `private
nonprofit organization' means an organization--
``(A) no part of the net earnings of which inures
to the benefit of any member, founder, contributor, or
individual;
``(B) that has a voluntary board;
``(C) that has an accounting system, or has
designated a fiscal agent in accordance with
requirements established by the Secretary; and
``(D) that practices nondiscrimination in the
provision of assistance.
``(18) Project.--The term `project', 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.
``(19) 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.
``(20) 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.
``(21) Recipient.--Except as used in subtitle B, the term
`recipient' means an eligible entity who--
``(A) submits an application for a grant under
section 422 that is approved by the Secretary;
``(B) receives the grant directly from the
Secretary to support approved projects described in the
application; and
``(C)(i) serves as a project sponsor for the
projects; or
``(ii) awards the funds to project sponsors to
carry out the projects.
``(22) Safe haven.--The term `safe haven' means a
facility--
``(A) that provides 24-hour residence for an
unspecified duration for persons who, on entry to the
facility, are unwilling or unable to participate in
mental health or substance abuse services, or to
receive other supportive services;
``(B) that provides private or semi-private
accommodations;
``(C) that may provide for the common use of
kitchen facilities, dining rooms, and bathrooms;
``(D) that may provide supportive services, on a
drop-in basis, to eligible persons who are not
residents; and
``(E) in which overnight occupancy is limited to no
more than 25 persons.
``(23) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(24) 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.
``(25) 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.
``(26) State.--Except as used in subtitle B, the term
`State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(27) Supportive services.--The term `supportive services'
means--
``(A) the establishment and operation of a child
care services program for families experiencing
homelessness;
``(B) the establishment and operation of an
employment assistance program, including providing job
training;
``(C) the provision of outpatient health services,
food, and case management;
``(D) the provision of assistance in obtaining
permanent housing, employment counseling, and
nutritional counseling;
``(E) the provision of outreach services, advocacy,
life skills training, and housing search and counseling
services;
``(F) the provision of mental health services,
trauma counseling, and victim services;
``(G) the provision of assistance in obtaining
other Federal, State, and local assistance available
for residents of supportive housing (including mental
health benefits, employment counseling, and medical
assistance, but not including major medical equipment);
``(H) the provision of legal services for purposes
including requesting reconsiderations and appeals of
veterans and public benefit claim denials and resolving
outstanding warrants that interfere with an
individual's ability to obtain and retain housing; and
``(I) the provision of--
``(i) transportation services that
facilitate an individual's ability to obtain
and maintain employment;
``(ii) income assistance;
``(iii) health care; and
``(iv) other supportive services necessary
to obtain and maintain housing.
``(28) Tenant-based.--The term `tenant-based', used with
respect to rental assistance, means assistance that--
``(A) allows an eligible person to select a housing
unit in which such person will live using rental
assistance provided under subtitle C, except that if
necessary to assure that the provision of supportive
services to a person participating in a program is
feasible, a recipient or project sponsor may require
that the person live--
``(i) in a particular structure or unit for
not more than the first year of the
participation;
``(ii) within a particular geographic area
for the full period of the participation, or
the period remaining after the period referred
to in subparagraph (A); and
``(B) provides that a person may receive such
assistance and move to another structure, unit, or
geographic area if the person has complied with all
other obligations of the program and has moved out of
the assisted dwelling unit in order to protect the
health or safety of an individual who is or has been
the victim of domestic violence, dating violence,
sexual assault, or stalking, and who reasonably
believed he or she was imminently threatened by harm
from further violence if he or she remained in the
assisted dwelling unit.
``(29) Transitional housing.--The term `transitional
housing' has the meaning given the term in section 424(b), and
includes transitional supportive housing.
``(30) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and
any other population determined to be underserved by the
Secretary, as appropriate.
``(31) Victim service provider.--The term `victim service
provider' means a private nonprofit organization whose primary
mission is to provide services to victims of domestic violence,
dating violence, sexual assault, or stalking. Such term
includes rape crisis centers, battered women's shelters,
domestic violence transitional housing programs, and other
programs.
``(32) Victim services.--The term `victim services' means
services that assist domestic violence, dating violence, sexual
assault, or stalking victims, including services offered by
rape crisis centers and domestic violence shelters, and other
organizations, with a documented history of effective work
concerning domestic violence, dating violence, sexual assault,
or stalking.''.
SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11361 et seq.) is amended by inserting after section 401
(as added by section 101(3) of this Act) the following new section:
``SEC. 402. 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, persons who
are mentally ill, persons with physical disabilities,
youth, victims of domestic violence, and underserved
populations;
``(C) persons or representatives of organizations
who provide assistance to the variety of individuals
and families experiencing homelessness, including
organizations serving the geographic area which have
been awarded funds through Federal Government programs
targeted to persons experiencing homelessness; or
``(D) one or more local educational agency liaisons
designated under section 722(g)(1)(J)(ii) (42 U.S.C.
11432(g)(1)(J)(ii)); and
``(3) the remainder of whom are selected from among--
``(A) government officials, particularly those
officials responsible for administering funding under
programs targeted for persons experiencing homelessness
and other programs for which persons experiencing
homelessness are eligible, including law enforcement
officials responsible for persons on parole or
probation;
``(B) members of the business community;
``(C) members of the religious community or faith-
based organizations;
``(D) members of neighborhood advocacy
organizations; and
``(E) representatives within the geographic area of
the Department of Veterans Affairs and the Social
Security Administration.
``(c) Existing Planning Bodies.--The Secretary may designate an
entity to be a community board if such entity has, prior to the date of
enactment of the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2007, engaged in coordinated, comprehensive local
homeless housing and services planning and applied for Federal funding
to provide homeless assistance.
``(d) 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, child welfare or
youth facilities, or juvenile or adult correctional
institutions), and entities carrying out publicly
funded programs and systems of care (such as health
care or treatment programs or State programs funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.; relating to Temporary Assistance
for Needy Families)), to ensure that such a discharge
or termination does not result in immediate
homelessness for the persons involved; in conducting
the review the community board shall provide an
estimate of the numbers of individuals discharged from
such publicly funded facilities or institutions in the
geographic area or applicable State to a homeless
situation;
``(bb) the access and utilization policies and
practices of the entities carrying out mainstream
programs as identified by the Government Accountability
Office in the February 1999 report entitled,
`Homelessness: Coordination and Evaluation of Programs
are Essential', to ensure that persons at risk of or
experiencing homelessness are able to access and
utilize the programs;
``(cc) local policies and practices relating to
zoning and enforcement of local statutes, to ensure
that the policies and practices allow reasonable
inclusion and distribution in the geographic area of
special needs populations and families with children
and the facilities that serve the populations and
families;
``(dd) policies and practices relating to the
school selection and enrollment of homeless children
and youths (as defined in section 725) to ensure that
the homeless children and youths, and their parents,
are able to exercise their educational rights under
subtitle B of title VII;
``(ee) policies and practices relating to the
placement of families with homeless children and youths
(as so defined) in emergency or transitional shelters,
to ensure that the children and youths are placed as
close as possible to their school of origin in order to
facilitate continuity of, and prevent disruption of,
educational services;
``(ff) laws, ordinances, or policies of the
applicable States and units of general local government
that (AA) penalize homeless individuals and families
based upon their status as homeless, or (BB) establish
status offenses which may result in runaway and
homeless youths being adjudicated as delinquent; and
``(gg) policies and practices penalizing victims of
domestic violence, dating violence, sexual assault,
stalking, and placing them at risk of becoming
homeless; and
``(III) in conducting the review, determine the
modifications and corrective actions that need to be taken, and
by whom, to ensure that the relevant policies and practices do
not stimulate, or prolong, homelessness in the geographic area,
or penalize homeless individuals and families, including
runaway and homeless youth, based upon their status as
homeless;
``(ii) inform the entities of the determinations described
in clause (i); and
``(iii) once every 3 years, prepare for inclusion in any
application reviewed by the community board and submitted to
the Secretary under section 422, the determinations described
in clause (i), in the form of an exhibit entitled `Assessment
of Relevant Policies and Practices, and Needed Corrective
Actions to End and Prevent Homelessness'; and
``(C) if the community board designs and carries out the
projects, design and carry out the projects in such a manner as
to further the goal described in subparagraph (A);
``(2) require, consistent with the Government Performance
and Results Act of 1993 and amendments made by that Act, that
recipients and project sponsors who are funded by grants
received under this title implement and maintain an outcome-
based evaluation of their projects that measures effective and
timely delivery of housing or 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;
``(4) participate in the Consolidated Plan for the
geographic area served by the community board; and
``(5) describe a targeted plan for ensuring housing and
services for veterans experiencing homelessness, including
coordination with services offered directly by or with the
financial support of the Department of Veterans Affairs''
SEC. 103. 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 101(2) of this Act) the following new sections:
``SEC. 404. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall make available technical
assistance to--
``(1) States, metropolitan cities, urban counties, and
counties that are not urban counties, to implement effective
planning processes for preventing and ending homelessness, to
improve their capacity to prepare collaborative applications,
and to adopt and provide best practices in housing and services
for persons experiencing homeless; and
``(2) community boards or their predecessor homeless
planning bodies in States, metropolitan cities, urban counties,
and counties that are not urban counties, to improve their
capacity to prepare collaborative applications.
``(b) Reservation.--The Secretary shall reserve not more than 1
percent of the funds made available for any fiscal year for carrying
out subtitles B and C, to provide technical assistance under subsection
(a).
``SEC. 405. PERFORMANCE REPORTS.
``(a) In General.--Each community board shall submit to the
Secretary an annual performance report regarding the activities carried
out with grant amounts received under subtitles B and C in the
geographic area served by the community board, at such time and in such
manner as the Secretary determines to be reasonable.
``(b) Content.--The performance report described in subsection (a)
shall--
``(1) describe the number of persons provided homelessness
prevention assistance, and the number of individuals and
families experiencing homelessness who were provided shelter,
housing, or supportive services, with the grant amounts awarded
in the fiscal year prior to the fiscal year in which the report
was submitted, including measurements of the number of persons
experiencing homelessness who--
``(A) entered permanent housing, and the length of
time such persons resided in that housing, if known;
``(B) entered transitional housing, and the length
of time such persons resided in that housing, if known;
``(C) obtained or retained jobs;
``(D) increased their income, including increasing
income through the receipt of government benefits;
``(E) received mental health or substance abuse
services in an institutional setting and now receive
that assistance in a less restrictive, community-based
setting;
``(F) received additional education, vocational or
job training, or employment assistance services;
``(G) received additional physical, mental, or
emotional health care;
``(H) were children under the age of 18 during the
year at issue, including the number of--
``(i) children who were not younger than 2
and not older than 4, or were infants or
toddlers with disabilities (as defined in
section 632 of the Individuals with
Disabilities Education Act (20 U.S.C. 1432));
``(ii) children described in clause (i) who
were enrolled in preschool or were receiving
services under part C of such Act (20 U.S.C.
1431 et seq.);
``(iii) children who were not younger than
5 and not older than 17;
``(iv) children described in clause (iii)
who are enrolled in elementary school or
secondary school (as such terms are defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)); and
``(v) children under the age of 18 who
received child care, health care, mental health
care, or supplemental educational services; and
``(I) were reunited with their families;
``(2) estimate the number of persons experiencing
homelessness in the geographic area served by the community
board who are eligible for, but did not receive, services,
housing, or other assistance through the programs funded under
subtitles B and C in the prior fiscal year;
``(3) indicate the accomplishments achieved within the
geographic area to prevent the homelessness of persons
discharged from publicly funded institutions or systems of care
(such as health care facilities, child welfare or other youth
facilities or systems of care, institutions or systems of care
relating to the temporary assistance to needy families program
established under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), and juvenile or adult corrections
programs and institutions);
``(4) indicate the accomplishments achieved within the
geographic area that involved the use of the grant amounts
awarded in the prior fiscal year, regarding efforts to
coordinate services and programs within the geographic area;
``(5) indicate the accomplishments achieved within the
geographic area to increase access, by persons experiencing
homelessness, to programs that are not targeted for persons
experiencing homelessness (but for which persons experiencing
homelessness are eligible), including mainstream programs
identified by the Government Accountability Office report
entitled `Homelessness: Coordination and Evaluation of Programs
are Essential' issued in February 26, 1999, and by the
Government Accountability Office report entitled `Homeless
Barriers to Using Mainstream Programs', issued in July 6, 2000;
``(6) assess the consistency and coordination between the
programs funded under subtitles B and C in the prior fiscal
year and the Consolidated Plan; and
``(7) indicate the accomplishments within the applicable
States and units of general local government of the geographic
area to repeal or modify laws, ordinances, or policies of the
applicable States and units of general local government that--
``(A) penalize homeless individuals and families
based upon their status as homeless;
``(B) establish status offenses which may result in
runaway and homeless youths being adjudicated as
delinquent; or
``(C) disallow reasonable inclusion and
distribution in the geographic area of special needs
populations and families with children and the
facilities that serve the populations and families
``(c) Waiver.--The Secretary may grant a waiver to any community
board that is unable to provide information required by subsection (b).
Such community board shall submit a plan to provide such information
within a reasonable period of time.''.
SEC. 104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
Subtitle A of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11361 et seq.), as amended by the preceding provisions of this title,
is further amended by adding at the end the following new section:
``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM
SERVICE PROVIDERS.
``In the course of awarding grants or implementing programs under
this title, the Secretary shall instruct any victim service provider
that is a recipient or subgrantee not to disclose for purposes of the
Homeless Management Information System any personally identifying
information about any client. The Secretary may, after public notice
and comment, require or ask such recipients and subgrantees to disclose
for purposes of the Homeless Management Information System non-
personally identifying information that has been de-identified,
encrypted, or otherwise encoded. Nothing in this section shall be
construed to supersede any provision of any Federal, State, or local
law that provides greater protection than this subsection for victims
of domestic violence, dating violence, sexual assault, or stalking.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Subtitle A of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11361 et seq.), as amended by the preceding provisions of this title,
is further amended by adding at the end the following new section:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out title II and
this title $2,500,000,000 for fiscal year 2008and such sums as may be
necessary for each of fiscal years 2009, 2010, 2011, and 2012.''.
TITLE II--EMERGENCY SHELTER GRANTS PROGRAM
SEC. 201. 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. 202. 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 408 and made
available to carry out this subtitle for any''; and
(B) by striking ``subsection (a)'' and inserting
``subsection (b)'';
(2) in subsection (d)(1), by striking ``subsection (b)''
and inserting ``subsection (c)'';
(3) by redesignating subsections (a) through (e) as
subsections (b) through (f), respectively; and
(4) by inserting before subsection (b) (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. 203. 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, substance abuse
services, victim services, or mental health services, if--
``(A) such essential services have not been
provided by the local government during any part of the
immediately preceding 12-month period or the Secretary
determines that the local government is in a severe
financial deficit; or
``(B) the use of assistance under this subtitle
would complement the provision of those essential
services.
``(3) Maintenance, operation, insurance, provision of
utilities, and provision of furnishings.
``(4) For homelessness prevention activities.''.
SEC. 204. REPEALS.
Sections 417 and 418 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11377, 11378) are hereby repealed.
TITLE III--CONTINUUM OF CARE PROGRAM
SEC. 301. CONTINUUM OF CARE.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by striking the subtitle heading for subtitle C of
title IV (42 U.S.C. 11381 et seq.) and inserting the following:
``Subtitle C--Continuum of Care Program''; and
(2) by striking 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;
``(III) all meetings between board
representatives, and persons
responsible for administering the
consolidated plan; and
``(IV) documentation of efforts
undertaken to ensure the participation
of all community organizations
providing services to homeless
individuals and of organizations
representing underserved communities;
``(ii) outline the range of housing and
service programs available to persons
experiencing homelessness or imminently at risk
of experiencing homelessness and describe the
unmet needs that remain in the geographic area
for which the collaborative applicant seeks
funding regarding--
``(I) prevention activities,
including providing assistance in--
``(aa) making mortgage,
rent, or utility payments; or
``(bb) accessing permanent
housing and transitional
housing for individuals (and
families that include the
individuals) who are being
discharged from a publicly
funded facility, program, or
system of care, or whose
services (from such a facility,
program, or system of care) are
being terminated, including
discharge from a child welfare
or juvenile corrections
program;
``(II) outreach activities to
assess the needs and conditions of
persons experiencing homelessness;
``(III) emergency shelters,
including the supportive and referral
services the shelters provide;
``(IV) transitional housing with,
as needed, appropriate supportive
services to help persons experiencing
homelessness who are not yet able or
prepared to make the transition to
permanent housing and independent
living;
``(V) permanent housing to help
meet the long-term needs of individuals
and families experiencing homelessness;
and
``(VI) needed supportive services;
``(iii) prioritize the projects for which
the collaborative applicant seeks funding
according to the unmet needs in the fiscal year
in which the applicant submits the application
as described in clause (ii);
``(iv) identify funds from private and
public sources, other than funds received under
subtitle B and this subtitle, that the State,
units of general local government, recipients,
project sponsors, and others will use for
homelessness prevention, emergency shelter,
supportive services, transitional housing,
permanent housing, and permanent supportive
housing that will be integrated with the
assistance provided under subtitle B and this
subtitle;
``(v) identify funds provided by the State
and units of general local government under
programs targeted for persons experiencing
homelessness, and other programs for which
persons experiencing homelessness are eligible,
including programs identified by the General
Accounting Office in the February 1999 report
entitled `Homelessness: Coordination and
Evaluation of Programs Are Essential';
``(vi) explain--
``(I) how the collaborative
applicant will meet the housing and
service needs of individuals and
families experiencing homelessness in
the applicant's community; and
``(II) the strategy of the State,
units of general local government, and
private entities in the geographic area
over the next 5 years to prevent and
end homelessness, including, as part of
that strategy, a work plan for the
applicable fiscal years;
``(vii) report on the outcome-based
performance of programs for homeless persons
within the geographic area served by the
collaborative applicant that were funded under
this title in the fiscal year prior to the
fiscal year in which the application is
submitted;
``(viii) include any relevant required
agreements under this subtitle;
``(ix) contain a certification of
consistency with the consolidated plan pursuant
to section 403;
``(x) contain a certification that the
applicable States and units of general local
government are not penalizing homeless
individuals and families--
``(I) through laws, ordinances, or
policies based upon their status as
homeless;
``(II) by using zoning laws,
ordinances, or policies to prevent the
siting of facilities designed to serve
homeless persons; or
``(III) through laws that establish
status offenses which may result in
runaway and homeless youths being
adjudicated as delinquent;
``(xi) contain such certifications and
assurances to ensure that--
``(I) project sponsors for all
projects for which collaborative
applicant seeks funding through the
grant will establish policies and
practices that are consistent with, and
do not restrict the exercise of rights
provided by, subtitle B of title VII
(42 U.S.C. 11431 et seq.), and other
laws relating to the provision of
educational and related services to
individuals experiencing homelessness;
and
``(II) the strategy referred to in
clause (vi)(II) will take the
educational needs of children into
account when families are placed in
emergency or transitional shelter and
will, to the maximum extent
practicable, place families with
children as close to possible to their
school of origin so as not to disrupt
such children's education; and
``(xii)(I) in the case of a collaborative
applicant, include an exhibit described in
section 402(f)(1)(B)(iii) and prepared by the
community board in accordance with that
section; or
``(II) in the case of a solo applicant,
include an exhibit described in section
402(f)(1)(B)(iii) and prepared by the
applicant.
``(3) Consideration of veterans affairs assessments.--In
outlining the programs and describing the needs referred to in
clause (ii) of paragraph (2)(B), the applicant shall take into
account the findings and recommendations of the most recently
completed annual assessments, conducted pursuant to section
2034 of title 38, United States Code, of the Department of
Veterans Affairs medical centers or regional benefits offices
whose service areas include the geographic area for which the
applicant seeks funding.
``(4) Announcement of awards.--The Secretary shall
announce, not later 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.
``(5) 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
(4), each recipient or project sponsor seeking
the obligation of funds for a grant announced
under paragraph (4) 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 (4),
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 (4) 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 efforts undertaken to involve all community
organizations providing services to homeless individuals and
organizations representing underserved communities participated
in the continuum of care;
``(4) the extent to which prioritized programs meet unmet
needs;
``(5) the capacity of the geographic area to leverage
funding from other public and private sources;
``(6) the long-term strategy of the applicable States and
units of general local government to combat, prevent, and end
homelessness;
``(7) the performance of the homelessness prevention,
housing, and services programs funded in the fiscal year prior
to the date of submission of the application;
``(8) the need for services in the geographic area;
``(9) the plan by which--
``(A) access to appropriate permanent housing will
be secured if the proposed project does not include
permanent housing; and
``(B) access to outcome-effective supportive
services will be secured for residents or consumers
involved in the project who are willing to use the
services;
``(10) the evaluation plan for evaluations of the project,
which--
``(A) will use periodically collected information
and analysis to determine whether the project has
resulted in enhanced stability and well-being of the
residents or consumers served by the project;
``(B) will include evaluations obtained directly
from the individuals or families served by the project;
and
``(C) will be submitted by the recipient for the
grant to the community board for review and use in
assessments, conducted by the board consistent with the
board's duty to ensure effective outcomes that
contribute to the goal of preventing and ending
homelessness in the geographic area served by the
board;
``(11) the extent to which the applicable States and units
of general local government have made commitments to and are
taking actions to uphold the civil rights of homeless families
and individuals, including removing or repealing any policies
or laws that--
``(A) penalize homeless individuals and families
based upon their status as homeless;
``(B) establish status offenses which may result in
runaway and homeless youths being adjudicated as
delinquent; or
``(C) disallow reasonable inclusion and
distribution in the geographic area of special needs
populations and families with children and the
facilities that serve the populations and families; and
``(12) any other criteria the Secretary determines to be
reasonably appropriate.
``(f) Notification of Pro Rata Estimated Grant Amounts.--
``(1) Notice.--The Secretary shall inform each community
board, at a time concurrent with the release of the notice of
funding availability for the grants, of the pro rata estimated
grant amount under this subtitle for the geographic area
represented by the board.
``(2) Amount.--
``(A) Basis.--Such estimated grant amount shall be
based on a percentage of the total funds available, or
estimated to be available, to carry out this subtitle
for any fiscal year that is equal to the percentage of
the total amount available for section 106 of the
Housing and Community Development Act of 1974 (42
U.S.C. 5306) for the prior fiscal year that--
``(i) was allocated to all metropolitan
cities and urban counties within the geographic
area represented by the Board; or
``(ii) would have been distributed to all
counties within such geographic area that are
not urban counties, if the 30 percent portion
of the allocation to the State involved (as
described in subsection (d)(1) of that section
106) for that year had been distributed among
the counties that are not urban counties in the
State in accordance with the formula specified
in that subsection (with references in that
subsection to nonentitlement areas considered
to be references to those counties).
``(B) Adjustment.--In computing the estimated grant
amount, the Secretary shall adjust the estimated grant
amount determined pursuant to subparagraph (A) to
ensure that--
``(i) 75 percent of the total funds
available, or estimated to be available, to
carry out this subtitle for any fiscal year are
allocated to the metropolitan cities and urban
counties that received a direct allocation of
funds under section 413 for the prior fiscal
year; and
``(ii) 25 percent of the total funds
available, or estimated to be available, to
carry out this subtitle for any fiscal year are
allocated--
``(I) to the metropolitan cities
and urban counties that did not receive
a direct allocation of funds under
section 413 for the prior fiscal year;
and
``(II) to counties that are not
urban counties.
``(C) Combinations or consortia.--For any community
board that represents a combination or consortium of
cities or counties, the estimated grant amount shall be
the sum of the estimated grant amounts for the cities
or counties represented by the board.
``(g) Appeals.--
``(1) In general.--Not later than 3 months after the date
of enactment of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2007, the Secretary 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), but only if the
Secretary determines that the solo applicant has attempted to
participate in the continuum of care process but was not permitted to
participate in a reasonable manner. The Secretary may award such grants
directly to such applicants in a manner determined to be appropriate by
the Secretary.''.
SEC. 302. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by striking
section 423 (42 U.S.C. 11383) and inserting the following new section:
``SEC. 423. ELIGIBLE ACTIVITIES.
``(a) In General.--Grants awarded under section 422 to qualified
applicants shall be used 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 408 and made available for homelessness
prevention activities shall be used to supplement, and not
supplant, other Federal, State, and local public funds used for
homelessness prevention.
``(c) 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 benefitting from
such sale or disposition.
``(3) Exception.--A recipient or project sponsor shall not
be required to make the repayments, and comply with the terms
and conditions, required under paragraph (1) or (2) if--
``(A) the sale or disposition of the property used
for the project results in the use of the property for
the direct benefit of very low-income persons; 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. 303. 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. 304. 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 408 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) Availability of Amounts.--Of the total amount made available
for use in connection with this subtitle, such sums as may be necessary
shall be used for renewing expiring contracts within the `Homeless
Assistance Grants' account of the Department of Housing and Urban
Development.
``(b) Terms of Renewal Assistance.--Amounts used pursuant to
subsection (a) shall be available for the renewal of contracts funded
under this subtitle, subtitle C, or subtitle 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.''.
TITLE IV--REPEALS AND CONFORMING AMENDMENTS
SEC. 401. 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. 402. CONFORMING AMENDMENTS.
(a) Consolidated Plan.--Section 403(1) of the McKinney-Vento
Homeless Assistance Act (as so redesignated by section 101(2) of this
Act), is amended--
(1) by striking ``current housing affordability strategy''
and inserting ``consolidated plan''; and
(2) by inserting before the comma the following:
``(referred to in such section as a `comprehensive housing
affordability strategy')''.
(b) Persons Experiencing Homelessness.--Section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) 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 homeless persons) shall be considered to include, and
to refer to, individuals experiencing homelessness or groups
experiencing homelessness, respectively.''.
SEC. 403. AMENDMENT TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
the item relating to the heading for title IV and all that follows
through the item relating to section 492 and inserting the following
new items:
``TITLE IV--HOUSING ASSISTANCE
``Subtitle A--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. Protection of personally identifying information by victim
service providers.
``Sec. 408. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Referred to the Subcommittee on Housing and Community Opportunity.
Subcommittee on Housing and Community Opportunity Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Financial Services. H. Rept. 110-906.
Reported (Amended) by the Committee on Financial Services. H. Rept. 110-906.
Placed on the Union Calendar, Calendar No. 583.
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