[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4866 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4866

To amend the Public Health Service Act to establish a grant program to 
    provide supportive services in permanent supportive housing for 
       chronically homeless individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2004

   Mr. Burr (for himself, Ms. Eshoo, Mr. Simmons, Mr. Ramstad, Mrs. 
Myrick, Ms. Ros-Lehtinen, Ms. Pryce of Ohio, Ms. Kaptur, Mr. Rogers of 
  Michigan, and Mr. Price of North Carolina) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to establish a grant program to 
    provide supportive services in permanent supportive housing for 
       chronically homeless individuals, 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 ``Services for Ending Long-Term 
Homelessness Act''.

SEC. 2. DUTIES OF CENTER FOR MENTAL HEALTH SERVICES.

    Section 520(b) of the Public Health Service Act (42 U.S.C. 290bb-
31(b)) is amended--
            (1) in paragraph (14), by striking ``and'' at the end;
            (2) in paragraph (15), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(16) administer the program under part J in consultation 
        with the Director of the Center for Substance Abuse Treatment;
            ``(17) provide technical assistance, in consultation with 
        the Director of the Center for Substance Abuse Treatment, to 
        public and private entities that are providers of permanent 
        supportive housing that includes individuals who are 
        chronically homeless as defined in section 596(m); and
            ``(18) implement a comprehensive approach to support the 
        widespread dissemination of information about services in 
        permanent supportive housing targeted to individuals who have 
        been homeless for long periods of time and have disabilities, 
        including the use of existing clearinghouses, toolkits, and 
        registries of promising practices.''.

SEC. 3. DUTIES OF ADMINISTRATOR OF SUBSTANCE ABUSE AND MENTAL HEALTH 
              SERVICES ADMINISTRATION.

    Section 501(d) of the Public Health Service Act (42 U.S.C. 
290aa(d)) is amended--
            (1) in paragraph (17), by striking ``and'' at the end;
            (2) in paragraph (18), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(19) design national strategies for providing services in 
        supportive housing that will assist in ending chronic 
        homelessness;
            ``(20) collaborate with Federal departments and programs 
        that are part of the President's Interagency Council on 
        Homelessness, particularly the Department of Housing and Urban 
        Development, the Department of Labor, and the Department of 
        Veterans Affairs, and with other agencies within the Department 
        of Health and Human Services, particularly the Health Resources 
        and Services Administration, the Administration on Children and 
        Families, and the Centers for Medicare and Medicaid Services, 
        to implement programs that address chronic homelessness;
            ``(21) develop improved methods of serving individuals with 
        mental illness, physical illness, disabilities, substance 
        abuse, or co-occurring disorders, to ensure that they remain 
        stably housed;
            ``(22) promote collaboration between Federal, State and 
        local agencies that are responsible for criminal justice, 
        mental health, substance abuse treatment, medical care, 
        employment training, and other systems of care that serve 
        individuals who are chronically homeless to ensure that 
        services are delivered in a coordinated manner that promotes 
        housing stability; and
            ``(23) collaborate with the Department of Housing and Urban 
        Development and the Health Resources and Services 
        Administration to develop a streamlined set of data collection, 
        reporting, and performance measurements for programs that 
        provide housing and services to homeless persons, and recommend 
        to the Office of Management and Budget a consistent set of 
        performance standards for these programs consistent with the 
        requirements of the Government Performance and Results Act.''.

SEC. 4. GRANTS FOR SERVICES FOR CHRONICALLY HOMELESS INDIVIDUALS IN 
              SUPPORTIVE HOUSING.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by adding at the end the following:

       ``PART J--GRANTS FOR SERVICES TO END CHRONIC HOMELESSNESS

``SEC. 596. GRANTS FOR SERVICES TO END CHRONIC HOMELESSNESS.

    ``(a) In General.--
            ``(1) Grants.--The Secretary shall make grants to entities 
        described in paragraph (2) for the purpose of carrying out 
        projects to provide the services described in subsection (c) to 
        chronically homeless individuals in permanent supportive 
        housing.
            ``(2) Eligible entities.--For purposes of paragraph (1), an 
        entity described in this paragraph is--
                    ``(A) a State or political subdivision of a State, 
                an Indian tribe or tribal organization, or a public or 
                nonprofit private entity, including a community-based 
                or faith-based provider of homelessness services, 
                health care, housing, or other services important to 
                individuals experiencing chronic homelessness; or
                    ``(B) a consortium composed of entities described 
                in subparagraph (A), which consortium includes a public 
                or nonprofit private entity that serves as the lead 
                applicant and has responsibility for coordinating the 
                activities of the consortium.
    ``(b) Priorities.--In making grants under subsection (a), the 
Secretary shall give priority to applicants demonstrating that the 
applicants--
            ``(1) target funds to individuals or families who--
                    ``(A) have been homeless for longer periods of time 
                or have experienced more episodes of homelessness than 
                are required to meet the definition of chronic 
                homelessness under this section;
                    ``(B) have high rates of utilization of emergency 
                public systems of care; or
                    ``(C) have a history of interactions with law 
                enforcement and the criminal justice system;
            ``(2) have greater funding commitments from State or local 
        government agencies responsible for overseeing mental health 
        treatment, substance abuse treatment, medical care, and 
        employment (including commitments to provide Federal funds in 
        accordance with subsection (e)(2)(B)(ii)); and
            ``(3) will provide for an increase in the number of units 
        of permanent supportive housing that would serve chronically 
        homeless individuals in the community as a result of an award 
        of a grant under subsection (a).
    ``(c) Services.--The services referred to in subsection (a) are the 
following:
            ``(1) Services provided by the grantee or by qualified 
        subcontractors that promote recovery and self-sufficiency and 
        address barriers to housing stability, including but not 
        limited to the following:
                    ``(A) Mental health services, including treatment 
                and recovery support services.
                    ``(B) Substance abuse treatment and recovery 
                support services, including counseling, treatment 
                planning, recovery coaching, and relapse prevention.
                    ``(C) Integrated, coordinated treatment and 
                recovery support services for co-occurring disorders.
                    ``(D) Health education.
                    ``(E) Referrals for medical and dental care.
                    ``(F) Benefits advocacy, and money management.
                    ``(G) Life skills training.
                    ``(H) Parental skills training and family support.
                    ``(I) Self-help programs.
                    ``(J) Engagement and motivational interventions.
                    ``(K) Case management.
                    ``(L) Other supportive services that promote an end 
                to chronic homelessness.
            ``(2) Services, as described in paragraph (1), that are 
        delivered to individuals and families who are chronically 
        homeless and who are scheduled to become residents of permanent 
        supportive housing within 90 days pending the location or 
        development of an appropriate unit of housing.
            ``(3) For individuals and families who are otherwise 
        eligible, and who have voluntarily chosen to seek other housing 
        opportunities after a period of tenancy in supportive housing, 
        services, as described in paragraph (1), that are delivered, 
        for a period of 90 days after exiting permanent supportive 
        housing or until the individuals have transitioned to 
        comprehensive services adequate to meet their current needs, 
        provided that the purpose of the services is to support the 
        individuals in their choice to transition into housing that is 
        responsive to their individual needs and preferences.
    ``(d) Certain Requirements.--A condition for the receipt of a grant 
under subsection (a) is that the applicant involved demonstrate the 
following:
            ``(1) The applicant and all direct providers of services 
        have the experience, infrastructure, and expertise needed to 
        ensure the quality and effectiveness of services, which may be 
        demonstrated by any of the following:
                    ``(A) Compliance with all local, city, county, or 
                State requirements for licensing, accreditation, or 
                certification (if any) which are applicable to the 
                proposed project.
                    ``(B) A minimum of two years experience providing 
                comparable services that do not require licensing, 
                accreditation, or certification.
                    ``(C) Certification as a Medicaid service provider, 
                including health care for the homeless programs and 
                community health centers.
                    ``(D) An executed agreement with a relevant State 
                or local government agency that will provide oversight 
                over the mental health, substance abuse, or other 
                services that will be delivered by the project.
            ``(2) There is a mechanism for determining whether 
        residents are chronically homeless. Such a mechanism may rely 
        on local data systems or records of shelter admission. If there 
        are no sources of data regarding the duration or number of 
        homeless episodes, or if such data are unreliable for the 
        purposes of this subsection, an applicant must demonstrate that 
        the project will implement appropriate procedures, taking into 
        consideration the capacity of local homeless service providers 
        to document episodes of homelessness and the challenges of 
        engaging persons who have been chronically homeless, to verify 
        that an individual or family meets the definition for being 
        chronically homeless under this section.
            ``(3) The applicant participates in a local, regional, or 
        statewide homeless management information system.
    ``(e) Matching Funds.--
            ``(1) In general.--A condition for the receipt of a grant 
        under subsection (a) is that, with respect to the cost of the 
        project to be carried out by an applicant pursuant to such 
        subsection, the applicant agree as follows:
                    ``(A) In the case of the initial grant pursuant to 
                subsection (i)(1)(A), the applicant will, in accordance 
                with paragraphs (2) and (3), make available 
                contributions toward such costs in an amount that is 
                not less than $1 for each $3 of Federal funds provided 
                in the grant.
                    ``(B) In the case of a renewal grant pursuant to 
                subsection (i)(1)(B), the applicant will, in accordance 
                with paragraphs (2) and (3), make available 
                contributions toward such costs in an amount that is 
                not less than $1 for each $1 of Federal funds provided 
                in the grant.
            ``(2) Source of contribution.--For purposes of paragraph 
        (1), contributions made by an applicant are in accordance with 
        this paragraph if made as follows:
                    ``(A) The contribution is made from funds of the 
                applicant or from donations from public or private 
                entities.
                    ``(B) Of the contribution--
                            ``(i) not less than 80 percent is from non-
                        Federal funds; and
                            ``(ii) not more than 20 percent is from 
                        Federal funds provided under programs that--
                                    ``(I) are not expressly directed at 
                                services for homeless individuals, but 
                                whose purposes are broad enough to 
                                include the provision of a service or 
                                services described in subsection (c) as 
                                authorized expenditures under such 
                                program; and
                                    ``(II) do not prohibit Federal 
                                funds under the program from being used 
                                to provide a contribution that is 
                                required as a condition for obtaining 
                                Federal funds.
            ``(3) Determination of amount contributed.--Contributions 
        required in paragraph (1) may be in cash or in kind, fairly 
        evaluated, including plant, equipment, or services. Amounts 
        provided by the Federal Government, or services assisted or 
        subsidized to any significant extent by the Federal Government, 
        may not be included in determining the amount of non-Federal 
        contributions required in paragraph (2)(B)(i).
    ``(f) Administrative Expenses.--A condition for the receipt of a 
grant under subsection (a) is that the applicant involved agree that 
not more than 6 percent of the grant will be expended for 
administrative expenses with respect to the grant.
    ``(g) Certain Uses of Funds.--Notwithstanding other provisions of 
this section, a grantee under subsection (a) may expend not more than 
20 percent of the grant to provide the services described in subsection 
(c) to homeless individuals who are not chronically homeless.
    ``(h) Application for Grant.--A grant may be made under subsection 
(a) only if an application for the grant is submitted to the Secretary 
and the application is in such form, is made in such manner, and 
contains such agreements, assurances, and information as the Secretary 
determines to be necessary to carry out this section.
    ``(i) Duration of Initial and Renewal Grants; Additional Provisions 
Regarding Renewal Grants.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        period during which payments are made to a grantee under 
        subsection (a) shall be in accordance with the following:
                    ``(A) In the case of the initial grant, the period 
                of payments shall be not less than three years and not 
                more than five years.
                    ``(B) In the case of a subsequent grant (referred 
                to in this subsection as a `renewal grant'), the period 
                of payments shall be not more than five years.
            ``(2) Annual approval; availability of appropriations; 
        number of grants.--The provision of payments under an initial 
        or renewal grant is subject to annual approval by the Secretary 
        of the payments and to the availability of appropriations for 
        the fiscal year involved to make the payments. This subsection 
        may not be construed as establishing a limitation on the number 
        of grants under subsection (a) that may be made to an entity.
            ``(3) Additional provisions regarding renewal grants.--
                    ``(A) Priority in making grants.--In making grants 
                under subsection (a), the Secretary shall give priority 
                to renewal grants.
                    ``(B) Compliance with minimum standards.--A renewal 
                grant may be made by the Secretary only if the 
                Secretary determines that the applicant involved has, 
                in the project carried out with the grant, maintained 
                compliance with minimum standards for quality and 
                successful outcomes for housing retention, as 
                determined by the Secretary.
                    ``(C) Evaluation of applicants.--In evaluating an 
                applicant for a renewal grant, the Secretary shall 
                consider such applicant in relation to other applicants 
                for renewal grants, and not in relation to applicants 
                for initial grants.
    ``(j) Data Collection; Evaluations.--
            ``(1) In general.--The Secretary may, as a condition of the 
        receipt of grants under subsection (a), require grantees to 
        provide data to the Secretary regarding the projects carried 
        out pursuant to such subsection, and may require evaluations of 
        the projects. The purpose of such requirements shall be to 
        assist the Secretary in--
                    ``(A) determining whether grantees are meeting the 
                standards referred to in subsection (i)(3)(B); and
                    ``(B) determining the extent to which individuals 
                served by projects under subsection (a) are avoiding 
                homelessness and achieving housing stability.
            ``(2) Consistency with other homeless assistance 
        programs.--In establishing requirements under paragraph (1), 
        the Secretary shall develop and implement an approach that is 
        practical, streamlined, and designed for consistency with the 
        requirements of the homeless assistance programs administered 
        by the Secretary of Housing and Urban Development.
            ``(3) Use of grant.--A grantee under subsection (a) may 
        expend the grant to comply with requirements established by the 
        Secretary under paragraph (1). For purposes of subsection (f), 
        such expenditures of the grant shall not be included in 
        determining the portion of the grant that has been expended for 
        administrative expenses.
            ``(4) Availability of grant for direct services.--In order 
        to maximize the proportion of grant funds that are available 
        directly for the provision of services described in subsection 
        (c), the Secretary shall ensure that requirements under 
        paragraph (1) minimize the cost and burdens imposed on grantees 
        by using a coordinated and streamlined methodology. Such 
        methodology may rely on appropriate sampling techniques.
    ``(k) Training and Technical Assistance.--The Secretary, directly 
or through awards of grants or contracts to public or nonprofit private 
entities, shall provide training and technical assistance regarding the 
planning, development, and provision of services in projects under 
subsection (a).
    ``(l) Biennial Reports to Congress.--Not later than two years after 
the date of the enactment of the Services for Ending Long-Term 
Homelessness Act, and biennially thereafter, the Secretary shall submit 
to the Congress a report on projects under subsection (a) that includes 
a summary of information received by the Secretary under subsection 
(j), and that describes the impact of the program under subsection (a) 
as part of a comprehensive strategy for ending long term homelessness 
and improving outcomes for individuals with mental illness and 
substance abuse problems.
    ``(m) Definitions.--For purposes of this section:
            ``(1) The term `chronically homeless' means an individual 
        or family who--
                    ``(A) is currently homeless;
                    ``(B) has been homeless continuously for at least 
                one year or has been homeless on at least four separate 
                occasions in the last three years; and
                    ``(C) has an adult head of household with a 
                disabling condition, defined as a diagnosable substance 
                use disorder, serious mental illness, developmental 
                disability, or chronic physical illness or disability, 
                including the co-occurrence of two or more of these 
                conditions.
            ``(2) The term `disabling condition' means a condition that 
        limits an individual's ability to work or perform one or more 
        activities of daily living.
            ``(3) The term `homeless' means sleeping in a place not 
        meant for human habitation or in an emergency homeless shelter.
            ``(4)(A) The term `permanent supportive housing' means 
        permanent, affordable housing with flexible support services 
        that are available and designed to help the tenants stay housed 
        and build the necessary skills to live as independently as 
        possible. Such term does not include housing that is time-
        limited. Supportive housing offers residents assistance in 
        reaching their full potential, which may include opportunities 
        to secure other housing that meets their needs and preferences, 
        based on individual choice instead of the requirements of time-
        limited transitional programs. Under this section, permanent 
        affordable housing includes but is not limited to permanent 
        housing funded or assisted through title IV of the McKinney-
        Vento Homeless Assistance Act and section (8) of the United 
        States Housing Act of 1937.
            ``(B) For purposes of subparagraph (A), the term 
        `affordable' means within the financial means of individuals 
        who are extremely low income, as defined by the Secretary of 
        Housing and Urban Development.
    ``(n) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of 
        carrying out this section, there are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2005 through 2009.
            ``(2) Allocation for training and technical assistance.--Of 
        the amount appropriated under paragraph (1) for a fiscal year, 
        the Secretary may reserve not more than 3 percent for carrying 
        out subsection (k).''.
                                 <all>