[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7221 Received in Senate (RDS)]

  2d Session
                                H. R. 7221


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           November 17 (legislative day, September 17), 2008

                                Received

_______________________________________________________________________

                                 AN ACT


 
To amend the McKinney-Vento Homeless Assistance Act to reauthorize the 
                      Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Homeless Emergency 
Assistance and Rapid Transition to Housing Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of homelessness.
Sec. 4. United States Interagency Council on Homelessness.
             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

Sec. 101. Definitions.
Sec. 102. Community homeless assistance planning boards.
Sec. 103. General provisions.
Sec. 104. Protection of personally identifying information by victim 
                            service providers.
Sec. 105. Authorization of appropriations.
              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

Sec. 201. Grant assistance.
Sec. 202. Eligible activities.
Sec. 203. Participation in Homeless Management Information System.
                  TITLE III--CONTINUUM OF CARE PROGRAM

Sec. 301. Continuum of care.
Sec. 302. Eligible activities.
Sec. 303. High performing communities.
Sec. 304. Program requirements.
Sec. 305. Selection criteria, allocation amounts, and funding.
Sec. 306. Research.
          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

Sec. 401. Rural housing stability assistance.
Sec. 402. GAO study of homelessness and homeless assistance in rural 
                            areas.
               TITLE V--REPEALS AND CONFORMING AMENDMENTS

Sec. 501. Repeals.
Sec. 502. Conforming amendments.
Sec. 503. Effective date.
Sec. 504. Regulations.
Sec. 505. Amendment to table of contents.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) a lack of affordable housing and limited scale of 
        housing assistance programs are the primary causes of 
        homelessness; and
            (2) homelessness affects all types of communities in the 
        United States, including rural, urban, and suburban areas.
    (b) Purposes.--The purposes of this Act are--
            (1) to consolidate the separate homeless assistance 
        programs carried out under title IV of the McKinney-Vento 
        Homeless Assistance Act (consisting of the supportive housing 
        program and related innovative programs, the safe havens 
        program, the section 8 assistance program for single-room 
        occupancy dwellings, and the shelter plus care program) into a 
        single program with specific eligible activities;
            (2) to codify in Federal law the continuum of care planning 
        process as a required and integral local function necessary to 
        generate the local strategies for ending homelessness; and
            (3) to establish a Federal goal of ensuring that 
        individuals and families who become homeless return to 
        permanent housing within 30 days.

SEC. 3. DEFINITION OF HOMELESSNESS.

    (a) In General.--Section 103 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11302) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d); and
            (2) by striking subsection (a) and inserting the following:
    ``(a) In General.--For purposes of this Act, the terms `homeless', 
`homeless individual', and `homeless person' means--
            ``(1) an individual or family who lacks a fixed, regular, 
        and adequate nighttime residence;
            ``(2) an individual or family with a primary nighttime 
        residence that is a public or private place not designed for or 
        ordinarily used as a regular sleeping accommodation for human 
        beings, including a car, park, abandoned building, bus or train 
        station, airport, or camping ground;
            ``(3) an individual or family living in a supervised 
        publicly or privately operated shelter designated to provide 
        temporary living arrangements (including hotels and motels paid 
        for by Federal, State, or local government programs for low-
        income individuals or by charitable organizations, congregate 
        shelters, and transitional housing);
            ``(4) an individual who resided in a shelter or place not 
        meant for human habitation and who is exiting an institution 
        where he or she temporarily resided;
            ``(5) an individual or family who--
                    ``(A) will imminently lose their housing, including 
                housing they own, rent, or live in without paying rent, 
                are sharing with others, and rooms in hotels or motels 
                not paid for by Federal, State, or local government 
                programs for low-income individuals or by charitable 
                organizations, as evidenced by--
                            ``(i) a court order resulting from an 
                        eviction action that notifies the individual or 
                        family that they must leave within 14 days;
                            ``(ii) the individual or family having a 
                        primary nighttime residence that is a room in a 
                        hotel or motel and where they lack the 
                        resources necessary to reside there for more 
                        than 14 days; or
                            ``(iii) credible evidence indicating that 
                        the owner or renter of the housing will not 
                        allow the individual or family to stay for more 
                        than 14 days, and any oral statement from an 
                        individual or family seeking homeless 
                        assistance that is found to be credible shall 
                        be considered credible evidence for purposes of 
                        this clause;
                    ``(B) has no subsequent residence identified; and
                    ``(C) lacks the resources or support networks 
                needed to obtain other permanent housing; and
            ``(6) unaccompanied youth and homeless families with 
        children and youth defined as homeless under other Federal 
        statutes who--
                    ``(A) have experienced a long-term period without 
                living independently in permanent housing;
                    ``(B) have experienced persistent instability as 
                measured by frequent moves over such period; and
                    ``(C) can be expected to continue in such status 
                for an extended period of time because of chronic 
                disabilities, chronic physical health or mental health 
                conditions, substance addiction, histories of domestic 
                violence or childhood abuse, the presence of a child or 
                youth with a disability, or multiple barriers to 
                employment.
    ``(b) Domestic Violence and Other Dangerous or Life-Threatening 
Conditions.--Notwithstanding any other provision of this section, the 
Secretary shall consider to be homeless any individual or family who is 
fleeing, or is attempting to flee, domestic violence, dating violence, 
sexual assault, stalking, or other dangerous or life-threatening 
conditions in the individual's or family's current housing situation, 
including where the health and safety of children are jeopardized, and 
who have no other residence and lack the resources or support networks 
to obtain other permanent housing.''.
    (b) Regulations.--Not later than the expiration of the 6-month 
period beginning upon the date of the enactment of this Act, the 
Secretary of Housing and Urban Development shall issue regulations that 
provide sufficient guidance to recipients of funds under title IV of 
the McKinney-Vento Homeless Assistance Act to allow uniform and 
consistent implementation of the requirements of section 103 of such 
Act, as amended by subsection (a) of this section. This subsection 
shall take effect on the date of the enactment of this Act.
    (c) Clarification of Effect on Other Laws.--This section and the 
amendments made by this section to section 103 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11302) may not be construed to 
affect, alter, limit, annul, or supersede any other provision of 
Federal law providing a definition of ``homeless'', ``homeless 
individual'', or ``homeless person'' for purposes other than such Act, 
except to the extent that such provision refers to such section 103 or 
the definition provided in such section 103.

SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

    (a) In General.--Title II of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11311 et seq.) is amended--
            (1) in section 201 (42 U.S.C. 11311), by inserting before 
        the period at the end the following ``whose mission shall be to 
        coordinate the Federal response to homelessness and to create a 
        national partnership at every level of government and with the 
        private sector to reduce and end homelessness in the Nation 
        while maximizing the effectiveness of the Federal Government in 
        contributing to the end of homelessness'';
            (2) in section 202 (42 U.S.C. 11312)--
                    (A) in subsection (a)--
                            (i) by redesignating paragraph (16) as 
                        paragraph (22); and
                            (ii) by inserting after paragraph (15) the 
                        following:
            ``(16) The Commissioner of Social Security, or the designee 
        of the Commissioner.
            ``(17) The Attorney General of the United States, or the 
        designee of the Attorney General.
            ``(18) The Director of the Office of Management and Budget, 
        or the designee of the Director.
            ``(19) The Director of the Office of Faith-Based and 
        Community Initiatives, or the designee of the Director.
            ``(20) The Director of USA FreedomCorps, or the designee of 
        the Director.'';
                    (B) in subsection (c), by striking ``annually'' and 
                inserting ``four times each year, and the rotation of 
                the positions of Chairperson and Vice Chairperson 
                required under subsection (b) shall occur at the first 
                meeting of each year''; and
                    (C) by adding at the end the following:
    ``(e) Administration.--The Executive Director of the Council shall 
report to the Chairman of the Council.'';
            (3) in section 203(a) (42 U.S.C. 11313(a))--
                    (A) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (6), and (7) as paragraphs (2), (3), (4), (5), 
                (9), (10), and (11), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated by subparagraph (A), the following:
            ``(1) not later than 12 months after the date of the 
        enactment of the Homeless Emergency Assistance and Rapid 
        Transition to Housing Act of 2008, develop, make available for 
        public comment, and submit to the President and to Congress a 
        National Strategic Plan to End Homelessness, and shall update 
        such plan annually;'';
                    (C) in paragraph (5), as redesignated by 
                subparagraph (A), by striking ``at least 2, but in no 
                case more than 5'' and inserting ``not less than 5, but 
                in no case more than 10'';
                    (D) by inserting after paragraph (5), as so 
                redesignated by subparagraph (A), the following:
            ``(6) encourage the creation of State Interagency Councils 
        on Homelessness and the formulation of jurisdictional 10-year 
        plans to end homelessness at State, city, and county levels;
            ``(7) annually obtain from Federal agencies their 
        identification of consumer-oriented entitlement and other 
        resources for which persons experiencing homelessness may be 
        eligible and the agencies' identification of improvements to 
        ensure access; develop mechanisms to ensure access by persons 
        experiencing homelessness to all Federal, State, and local 
        programs for which the persons are eligible, and to verify 
        collaboration among entities within a community that receive 
        Federal funding under programs targeted for persons 
        experiencing homelessness, and other programs for which persons 
        experiencing homelessness are eligible, including mainstream 
        programs identified by the Government Accountability Office in 
        the reports entitled `Homelessness: Coordination and Evaluation 
        of Programs Are Essential', issued February 26, 1999, and 
        `Homelessness: Barriers to Using Mainstream Programs', issued 
        July 6, 2000;
            ``(8) conduct research and evaluation related to its 
        functions as defined in this section;
            ``(9) develop joint Federal agency and other initiatives to 
        fulfill the goals of the agency;'';
                    (E) in paragraph (10), as so redesignated by 
                subparagraph (A), by striking ``and'' at the end;
                    (F) in paragraph (11), as so redesignated by 
                subparagraph (A), by striking the period at the end and 
                inserting a semicolon;
                    (G) by adding at the end the following new 
                paragraphs:
            ``(12) develop constructive alternatives to criminalizing 
        homelessness and eliminate laws and policies that prohibit 
        sleeping, feeding, sitting, resting, or lying in public spaces 
        when there are no suitable alternatives, result in the 
        destruction of a homeless person's property without due 
        process, or are selectively enforced against homeless persons; 
        and
            ``(13) not later than the expiration of the 6-month period 
        beginning upon completion of the study requested in a letter to 
        the Acting Comptroller General from the Chair and ranking 
        member of the House Financial Services Committee and several 
        other members regarding various definitions of homelessness in 
        Federal statutes, convene a meeting of representatives of all 
        Federal agencies and committees of the House of Representatives 
        and the Senate having jurisdiction over any Federal program to 
        assist homeless individuals or families, local and State 
        governments, academic researchers who specialize in 
        homelessness, nonprofit housing and service providers that 
        receive funding under any Federal program to assist homeless 
        individuals or families, organizations advocating on behalf of 
        such nonprofit providers and homeless persons receiving housing 
        or services under any such Federal program, and homeless 
        persons receiving housing or services under any such Federal 
        program, at which meeting such representatives shall discuss 
        all issues relevant to whether the definitions of `homeless' 
        under paragraphs (1) through (4) of section 103(a) of the 
        McKinney-Vento Homeless Assistance Act, as amended by section 3 
        of the Homeless Emergency Assistance and Rapid Transition to 
        Housing Act of 2008, should be modified by the Congress, 
        including whether there is a compelling need for a uniform 
        definition of homelessness under Federal law, the extent to 
        which the differences in such definitions create barriers for 
        individuals to accessing services and to collaboration between 
        agencies, and the relative availability, and barriers to access 
        by persons defined as homeless, of mainstream programs 
        identified by the Government Accountability Office in the two 
        reports identified in paragraph (7) of this subsection; and 
        shall submit transcripts of such meeting, and any majority and 
        dissenting recommendations from such meetings, to each 
        committee of the House of Representatives and the Senate having 
        jurisdiction over any Federal program to assist homeless 
        individuals or families not later than the expiration of the 
        60-day period beginning upon conclusion of such meeting.''.
            (4) in section 203(b)(1) (42 U.S.C. 11313(b))--
                    (A) by striking ``Federal'' and inserting 
                ``national'';
                    (B) by striking ``; and'' and inserting ``and pay 
                for expenses of attendance at meetings which are 
                concerned with the functions or activities for which 
                the appropriation is made;'';
            (5) in section 205(d) (42 U.S.C. 11315(d)), by striking 
        ``property.'' and inserting ``property, both real and personal, 
        public and private, without fiscal year limitation, for the 
        purpose of aiding or facilitating the work of the Council.''; 
        and
            (6) by striking section 208 (42 U.S.C. 11318) and inserting 
        the following:

``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$3,000,000 for fiscal year 2009 and such sums as may be necessary for 
fiscal years 2010. Any amounts appropriated to carry out this title 
shall remain available until expended.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on, and shall apply beginning on, the date of the enactment 
of this Act .

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

SEC. 101. DEFINITIONS.

    Subtitle A of title IV of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11361 et seq.) is amended--
            (1) by striking the subtitle heading and inserting the 
        following:

                  ``Subtitle A--General Provisions'';

            (2) by redesignating sections 401 and 402 (42 U.S.C. 11361, 
        11362) as sections 403 and 406, respectively; and
            (3) by inserting before section 403 (as so redesignated by 
        paragraph (2) of this section) the following new section:

``SEC. 401. DEFINITIONS.

    ``For purposes of this title:
            ``(1) At risk of homelessness.--The term `at risk of 
        homelessness' means, with respect to an individual or family, 
        that the individual or family--
                    ``(A) has income below 30 percent of median income 
                for the geographic area;
                    ``(B) has insufficient resources immediately 
                available to attain housing stability; and
                    ``(C)(i) has moved frequently because of economic 
                reasons;
                    ``(ii) is living in the home of another because of 
                economic hardship;
                    ``(iii) has been notified that their right to 
                occupy their current housing or living situation will 
                be terminated;
                    ``(iv) lives in a hotel or motel;
                    ``(v) lives in severely overcrowded housing;
                    ``(vi) is exiting an institution; or
                    ``(vii) otherwise lives in housing that has 
                characteristics associated with instability and an 
                increased risk of homelessness.
                Such term includes all families with children and youth 
                defined as homeless under other Federal statutes.
            ``(2) Chronically homeless.--
                    ``(A) In general.--The term `chronically homeless' 
                means, with respect to an individual or family, that 
                the individual or family--
                            ``(i) is homeless and lives or resides in a 
                        place not meant for human habitation, a safe 
                        haven, or in an emergency shelter;
                            ``(ii) has been homeless and living or 
                        residing in a place not meant for human 
                        habitation, a safe haven, or in an emergency 
                        shelter continuously for at least 1 year or on 
                        at least four separate occasions in the last 3 
                        years; and
                            ``(iii) has an adult head of household (or 
                        a minor head of household if no adult is 
                        present in the household) with a diagnosable 
                        substance use disorder, serious mental illness, 
                        developmental disability (as defined in section 
                        102 of the Developmental Disabilities 
                        Assistance and Bill of Rights Act of 2000 (42 
                        U.S.C. 15002)), post traumatic stress disorder, 
                        cognitive impairments resulting from a brain 
                        injury, or chronic physical illness or 
                        disability, including the co-occurrence of two 
                        or more of those conditions.
                    ``(B) Rule of construction.--A person who currently 
                lives or resides in an institutional care facility, 
                including a jail, substance abuse or mental health 
                treatment facility, hospital or other similar facility, 
                and has resided there for fewer than 90 days shall be 
                considered chronically homeless if such person met all 
                of the requirements described in subparagraph (A) prior 
                to entering that facility.
            ``(3) Collaborative applicant.--The term `collaborative 
        applicant' means an entity that--
                    ``(A) carries out the duties specified in section 
                402;
                    ``(B) serves as the applicant for project sponsors 
                who jointly submit a single application for a grant 
                under subtitle C in accordance with a collaborative 
                process; and
                    ``(C) if the entity is a legal entity and is 
                awarded such grant, receives such grant directly from 
                the Secretary.
            ``(4) Collaborative application.--The term `collaborative 
        application' means an application for a grant under subtitle C 
        that--
                    ``(A) satisfies section 422; and
                    ``(B) is submitted to the Secretary by a 
                collaborative applicant.
            ``(5) Consolidated plan.--The term `Consolidated Plan' 
        means a comprehensive housing affordability strategy and 
        community development plan required in part 91 of title 24, 
        Code of Federal Regulations.
            ``(6) Eligible entity.--The term `eligible entity' means, 
        with respect to a subtitle, a public entity, a private entity, 
        or an entity that is a combination of public and private 
        entities, that is eligible to directly receive grant amounts 
        under such subtitle.
            ``(7) Families with children and youth defined as homeless 
        under other federal statutes.--The term `families with children 
        and youth defined as homeless under other Federal statutes' 
        means any children or youth that are defined as `homeless' 
        under any Federal statute other than this subtitle, but are not 
        defined as homeless under section 103, and shall also include 
        the parent, parents, or guardian of such children or youth 
        under subtitle B of title VII this Act (42 U.S.C. 11431 et 
        seq.).
            ``(8) Geographic area.--The term `geographic area' means a 
        State, metropolitan city, urban county, town, village, or other 
        nonentitlement area, or a combination or consortia of such, in 
        the United States, as described in section 106 of the Housing 
        and Community Development Act of 1974 (42 U.S.C. 5306).
            ``(9) Homeless individual with a disability.--
                    ``(A) In general.--The term `homeless individual 
                with a disability' means an individual who is homeless, 
                as defined in section 103, and has a disability that--
                            ``(i)(I) is expected to be long-continuing 
                        or of indefinite duration;
                            ``(II) substantially impedes the 
                        individual's ability to live independently;
                            ``(III) could be improved by the provision 
                        of more suitable housing conditions; and
                            ``(IV) is a physical, mental, or emotional 
                        impairment, including an impairment caused by 
                        alcohol or drug abuse, post traumatic stress 
                        disorder, or brain injury;
                            ``(ii) is a developmental disability, as 
                        defined in section 102 of the Developmental 
                        Disabilities Assistance and Bill of Rights Act 
                        of 2000 (42 U.S.C. 15002); or
                            ``(iii) is the disease of acquired 
                        immunodeficiency syndrome or any condition 
                        arising from the etiologic agency for acquired 
                        immunodeficiency syndrome.
                    ``(B) Rule.--Nothing in clause (iii) of 
                subparagraph (A) shall be construed to limit 
                eligibility under clause (i) or (ii) of subparagraph 
                (A).
            ``(10) Legal entity.--The term `legal entity' means--
                    ``(A) an entity described in section 501(c)(3) of 
                the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 
                and exempt from tax under section 501(a) of such Code;
                    ``(B) an instrumentality of State or local 
                government; or
                    ``(C) a consortium of instrumentalities of State or 
                local governments that has constituted itself as an 
                entity.
            ``(11) Metropolitan city; urban county; nonentitlement 
        area.--The terms `metropolitan city', `urban county', and 
        `nonentitlement area' have the meanings given such terms in 
        section 102(a) of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302(a)).
            ``(12) New.--The term `new' means, with respect to housing, 
        that no assistance has been provided under this title for the 
        housing.
            ``(13) Operating costs.--The term `operating costs' means 
        expenses incurred by a project sponsor operating transitional 
        housing or permanent housing under this title with respect to--
                    ``(A) the administration, maintenance, repair, and 
                security of such housing;
                    ``(B) utilities, fuel, furnishings, and equipment 
                for such housing; or
                    ``(C) coordination of services as needed to ensure 
                long-term housing stability.
            ``(14) Outpatient health services.--The term `outpatient 
        health services' means outpatient health care services, mental 
        health services, and outpatient substance abuse services.
            ``(15) Permanent housing.--The term `permanent housing' 
        means community-based housing without a designated length of 
        stay, and includes both permanent supportive housing and 
        permanent housing without supportive services.
            ``(16) Personally identifying information.--The term 
        `personally identifying information' means individually 
        identifying information for or about an individual, including 
        information likely to disclose the location of a victim of 
        domestic violence, dating violence, sexual assault, or 
        stalking, including--
                    ``(A) a first and last name;
                    ``(B) a home or other physical address;
                    ``(C) contact information (including a postal, e-
                mail or Internet protocol address, or telephone or 
                facsimile number);
                    ``(D) a social security number; and
                    ``(E) any other information, including date of 
                birth, racial or ethnic background, or religious 
                affiliation, that, in combination with any other non-
                personally identifying information, would serve to 
                identify any individual.
            ``(17) Private nonprofit organization.--The term `private 
        nonprofit organization' means an organization--
                    ``(A) no part of the net earnings of which inures 
                to the benefit of any member, founder, contributor, or 
                individual;
                    ``(B) that has a voluntary board;
                    ``(C) that has an accounting system, or has 
                designated a fiscal agent in accordance with 
                requirements established by the Secretary; and
                    ``(D) that practices nondiscrimination in the 
                provision of assistance.
            ``(18) Project.--The term `project' means, with respect to 
        activities carried out under subtitle C, eligible activities 
        described in section 423(a), undertaken pursuant to a specific 
        endeavor, such as serving a particular population or providing 
        a particular resource.
            ``(19) Project-based.--The term `project-based' means, with 
        respect to rental assistance, that the assistance is provided 
        pursuant to a contract that--
                    ``(A) is between--
                            ``(i) the recipient or a project sponsor; 
                        and
                            ``(ii) an owner of a structure that exists 
                        as of the date the contract is entered into; 
                        and
                    ``(B) provides that rental assistance payments 
                shall be made to the owner and that the units in the 
                structure shall be occupied by eligible persons for not 
                less than the term of the contract.
            ``(20) Project sponsor.--The term `project sponsor' means, 
        with respect to proposed eligible activities, the organization 
        directly responsible for carrying out the proposed eligible 
        activities.
            ``(21) Recipient.--Except as used in subtitle B, the term 
        `recipient' means an eligible entity who--
                    ``(A) submits an application for a grant under 
                section 422 that is approved by the Secretary;
                    ``(B) receives the grant directly from the 
                Secretary to support approved projects described in the 
                application; and
                    ``(C)(i) serves as a project sponsor for the 
                projects; or
                    ``(ii) awards the funds to project sponsors to 
                carry out the projects.
            ``(22) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
            ``(23) Serious mental illness.--The term `serious mental 
        illness' means a severe and persistent mental illness or 
        emotional impairment that seriously limits a person's ability 
        to live independently.
            ``(24) Solo applicant.--The term `solo applicant' means an 
        entity that is an eligible entity, directly submits an 
        application for a grant under subtitle C to the Secretary, and, 
        if awarded such grant, receives such grant directly from the 
        Secretary.
            ``(25) Sponsor-based.--The term `sponsor-based' means, with 
        respect to rental assistance, that the assistance is provided 
        pursuant to a contract that--
                    ``(A) is between--
                            ``(i) the recipient or a project sponsor; 
                        and
                            ``(ii) an independent entity that--
                                    ``(I) is a private organization; 
                                and
                                    ``(II) owns or leases dwelling 
                                units; and
                    ``(B) provides that rental assistance payments 
                shall be made to the independent entity and that 
                eligible persons shall occupy such assisted units.
            ``(26) State.--Except as used in subtitle B, the term 
        `State' means each of the several States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Trust Territory of the Pacific 
        Islands, and any other territory or possession of the United 
        States.
            ``(27) Supportive services.--The term `supportive services' 
        means services that address the special needs of people served 
        by a project, including--
                    ``(A) the establishment and operation of a child 
                care services program for families experiencing 
                homelessness;
                    ``(B) the establishment and operation of an 
                employment assistance program, including providing job 
                training;
                    ``(C) the provision of outpatient health services, 
                food, and case management;
                    ``(D) the provision of assistance in obtaining 
                permanent housing, employment counseling, and 
                nutritional counseling;
                    ``(E) the provision of outreach services, advocacy, 
                life skills training, and housing search and counseling 
                services;
                    ``(F) the provision of mental health services, 
                trauma counseling, and victim services;
                    ``(G) the provision of assistance in obtaining 
                other Federal, State, and local assistance available 
                for residents of supportive housing (including mental 
                health benefits, employment counseling, and medical 
                assistance, but not including major medical equipment);
                    ``(H) the provision of legal services for purposes 
                including requesting reconsiderations and appeals of 
                veterans and public benefit claim denials and resolving 
                outstanding warrants that interfere with an 
                individual's ability to obtain and retain housing;
                    ``(I) the provision of--
                            ``(i) transportation services that 
                        facilitate an individual's ability to obtain 
                        and maintain employment; and
                            ``(ii) health care; and
                    ``(J) other supportive services necessary to obtain 
                and maintain housing.
            ``(28) Tenant-based.--The term `tenant-based' means, with 
        respect to rental assistance, assistance that--
                    ``(A) allows an eligible person to select a housing 
                unit in which such person will live using rental 
                assistance provided under subtitle C, except that if 
                necessary to assure that the provision of supportive 
                services to a person participating in a program is 
                feasible, a recipient or project sponsor may require 
                that the person live--
                            ``(i) in a particular structure or unit for 
                        not more than the first year of the 
                        participation;
                            ``(ii) within a particular geographic area 
                        for the full period of the participation, or 
                        the period remaining after the period referred 
                        to in subparagraph (A); and
                    ``(B) provides that a person may receive such 
                assistance and move to another structure, unit, or 
                geographic area if the person has complied with all 
                other obligations of the program and has moved out of 
                the assisted dwelling unit in order to protect the 
                health or safety of an individual who is or has been 
                the victim of domestic violence, dating violence, 
                sexual assault, or stalking, and who reasonably 
                believed he or she was imminently threatened by harm 
                from further violence if he or she remained in the 
                assisted dwelling unit.
            ``(29) Transitional housing.--The term `transitional 
        housing' means housing the purpose of which is to facilitate 
        the movement of individuals and families experiencing 
        homelessness to permanent housing within 24 months or such 
        longer period as the Secretary determines necessary.
            ``(30) Unified funding agency.--The term `unified funding 
        agency' means a collaborative applicant that performs the 
        duties described in section 402(g).
            ``(31) Underserved populations.--The term `underserved 
        populations' includes populations underserved because of 
        geographic location, underserved racial and ethnic populations, 
        populations underserved because of special needs (such as 
        language barriers, disabilities, alienage status, or age), and 
        any other population determined to be underserved by the 
        Secretary, as appropriate.
            ``(32) Victim service provider.--The term `victim service 
        provider' means a private nonprofit organization whose primary 
        mission is to provide services to victims of domestic violence, 
        dating violence, sexual assault, or stalking. Such term 
        includes rape crisis centers, battered women's shelters, 
        domestic violence transitional housing programs, and other 
        programs.
            ``(33) Victim services.--The term `victim services' means 
        services that assist domestic violence, dating violence, sexual 
        assault, or stalking victims, including services offered by 
        rape crisis centers and domestic violence shelters, and other 
        organizations, with a documented history of effective work 
        concerning domestic violence, dating violence, sexual assault, 
        or stalking.''.

SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

    Subtitle A of title IV of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11361 et seq.) is amended by inserting after section 401 
(as added by section 101(3) of this Act) the following new section:

``SEC. 402. COLLABORATIVE APPLICANTS.

    ``(a) Establishment and Designation.--A collaborative applicant 
shall be established for a geographic area by the relevant parties in 
that geographic area to--
            ``(1) submit an application for amounts under this 
        subtitle; and
            ``(2) perform the duties specified in subsection (f) and, 
        if applicable, subsection (g).
    ``(b) No Requirement To Be a Legal Entity.--An entity may be 
established to serve as a collaborative applicant under this section 
without being a legal entity.
    ``(c) Remedial Action.--If the Secretary finds that a collaborative 
applicant for a geographic area does not meet the requirements of this 
section, or if there is no collaborative applicant for a geographic 
area, the Secretary may take remedial action to ensure fair 
distribution of grant amounts under subtitle C to eligible entities 
within that area. Such measures may include designating another body as 
a collaborative applicant, or permitting other eligible entities to 
apply directly for grants.
    ``(d) Construction.--Nothing in this section shall be construed to 
displace conflict of interest or government fair practices laws, or 
their equivalent, that govern applicants for grant amounts under 
subtitles B and C.
    ``(e) Appointment of Agent.--
            ``(1) In general.--Subject to paragraph (2), a 
        collaborative applicant may designate an agent to--
                    ``(A) apply for a grant under section 422(c);
                    ``(B) receive and distribute grant funds awarded 
                under subtitle C; and
                    ``(C) perform other administrative duties.
            ``(2) Retention of duties.--Any collaborative applicant 
        that designates an agent pursuant to paragraph (1) shall 
        regardless of such designation retain all of its duties and 
        responsibilities under this title.
    ``(f) Duties.--A collaborative applicant shall--
            ``(1) design a collaborative process for the development of 
        an application under subtitle C, and for evaluating the 
        outcomes of projects for which funds are awarded under subtitle 
        B, in such a manner as to provide information necessary for the 
        Secretary--
                    ``(A) to determine compliance with--
                            ``(i) the program requirements under 
                        section 426; and
                            ``(ii) the selection criteria described 
                        under section 427; and
                    ``(B) to establish priorities for funding projects 
                in the geographic area involved;
            ``(2) participate in the Consolidated Plan for the 
        geographic area served by the collaborative applicant; and
            ``(3) ensure operation of, and consistent participation by, 
        project sponsors in a community-wide homeless management 
        information system (in this subsection referred to as `HMIS') 
        that--
                    ``(A) collects unduplicated counts of individuals 
                and families experiencing homelessness;
                    ``(B) analyzes patterns of use of assistance 
                provided under subtitles B and C for the geographic 
                area involved;
                    ``(C) provides information to project sponsors and 
                applicants for needs analyses and funding priorities; 
                and
                    ``(D) is developed in accordance with standards 
                established by the Secretary, including standards that 
                provide for--
                            ``(i) encryption of data collected for 
                        purposes of HMIS;
                            ``(ii) documentation, including keeping an 
                        accurate accounting, proper usage, and 
                        disclosure, of HMIS data;
                            ``(iii) access to HMIS data by staff, 
                        contractors, law enforcement, and academic 
                        researchers;
                            ``(iv) rights of persons receiving services 
                        under this title;
                            ``(v) criminal and civil penalties for 
                        unlawful disclosure of data; and
                            ``(vi) such other standards as may be 
                        determined necessary by the Secretary.
    ``(g) Unified Funding.--
            ``(1) In general.--In addition to the duties described in 
        subsection (f), a collaborative applicant shall receive from 
        the Secretary and distribute to other project sponsors in the 
        applicable geographic area funds for projects to be carried out 
        by such other project sponsors, if--
                    ``(A) the collaborative applicant--
                            ``(i) applies to undertake such collection 
                        and distribution responsibilities in an 
                        application submitted under this subtitle; and
                            ``(ii) is selected to perform such 
                        responsibilities by the Secretary; or
                    ``(B) the Secretary designates the collaborative 
                applicant as the unified funding agency in the 
                geographic area, after--
                            ``(i) a finding by the Secretary that the 
                        applicant--
                                    ``(I) has the capacity to perform 
                                such responsibilities; and
                                    ``(II) would serve the purposes of 
                                this Act as they apply to the 
                                geographic area; and
                            ``(ii) the Secretary provides the 
                        collaborative applicant with the technical 
                        assistance necessary to perform such 
                        responsibilities as such assistance is agreed 
                        to by the collaborative applicant.
            ``(2) Required actions by a unified funding agency.--A 
        collaborative applicant that is either selected or designated 
        as a unified funding agency for a geographic area under 
        paragraph (1) shall--
                    ``(A) require each project sponsor who is funded by 
                a grant received under subtitle C to establish such 
                fiscal control and fund accounting procedures as may be 
                necessary to assure the proper disbursal of, and 
                accounting for, Federal funds awarded to the project 
                sponsor under subtitle C in order to ensure that all 
                financial transactions carried out under subtitle C are 
                conducted, and records maintained, in accordance with 
                generally accepted accounting principles; and
                    ``(B) arrange for an annual survey, audit, or 
                evaluation of the financial records of each project 
                carried out by a project sponsor funded by a grant 
                received under subtitle C.
    ``(h) Conflict of Interest.--No board member of a collaborative 
applicant may participate in decisions of the collaborative applicant 
concerning the award of a grant, or provision of other financial 
benefits, to such member or the organization that such member 
represents.''.

SEC. 103. GENERAL PROVISIONS.

    Subtitle A of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11361 et seq.) is amended by inserting after section 403 (as so 
redesignated by section 101(2) of this Act) the following new sections:

``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.

    ``(a) In General.--After the expiration of the 2-year period that 
begins upon the date of the enactment of the Homeless Emergency 
Assistance and Rapid Transition to Housing Act of 2008, and except as 
provided in subsection (b), any project sponsor receiving funds under 
this title to provide emergency shelter, transitional housing, or 
permanent housing to families with children under age 18 shall not deny 
admission to any family based on the age of any child under age 18.
    ``(b) Exception.--Notwithstanding the requirement under subsection 
(a), project sponsors of transitional housing receiving funds under 
this title may target transitional housing resources to families with 
children of a specific age only if the project sponsor--
            ``(1) operates a transitional housing program that has a 
        primary purpose of implementing an evidence-based practice that 
        requires that housing units be targeted to families with 
        children in a specific age group; and
            ``(2) provides such assurances, as the Secretary shall 
        require, that an equivalent appropriate alternative living 
        arrangement for the whole family or household unit has been 
        secured.

``SEC. 405. TECHNICAL ASSISTANCE.

    ``(a) In General.--The Secretary shall make available technical 
assistance to private nonprofit organizations and other nongovernmental 
entities, States, metropolitan cities, urban counties, and counties 
that are not urban counties, to implement effective planning processes 
for preventing and ending homelessness, to improve their capacity to 
prepare collaborative applications, to prevent the separation of 
families in emergency shelter or other housing programs, and to adopt 
and provide best practices in housing and services for persons 
experiencing homeless.
    ``(b) Reservation.--The Secretary shall reserve not more than 1 
percent of the funds made available for any fiscal year for carrying 
out subtitles B and C, to provide technical assistance under subsection 
(a).''.

SEC. 104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY VICTIM 
              SERVICE PROVIDERS.

    Subtitle A of 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 this title 
$2,200,000,000 for fiscal year 2009 and such sums as may be necessary 
for fiscal year 2010.''.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

SEC. 201. GRANT ASSISTANCE.

    Subtitle B of title IV of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11371 et seq.) is amended--
            (1) by striking the subtitle heading and inserting the 
        following:

          ``Subtitle B--Emergency Solutions Grants Program'';

            (2) by striking section 417 (42 U.S.C. 11377);
            (3) by redesignating sections 413 through 416 (42 U.S.C. 
        11373-6) as sections 414 through 417, respectively; and
            (4) by striking section 412 (42 U.S.C. 11372) and inserting 
        the following:

``SEC. 412. GRANT ASSISTANCE.

    ``The Secretary shall make grants to States and local governments 
(and to private nonprofit organizations providing assistance to persons 
experiencing homelessness or at risk of homelessness, in the case of 
grants made with reallocated amounts) for the purpose of carrying out 
activities described in section 415.

``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.

    ``(a) In General.--Of the amount made available to carry out this 
subtitle and subtitle C for a fiscal year, the Secretary shall allocate 
nationally 20 percent of such amount for activities described in 
section 415. The Secretary shall be required to certify that such 
allocation will not adversely affect the renewal of existing projects 
under this subtitle and subtitle C for those individuals or families 
who are homeless.
    ``(b) Allocation.--An entity that receives a grant under section 
412, and serves an area that includes 1 or more geographic areas (or 
portions of such areas) served by collaborative applicants that submit 
applications under subtitle C, shall allocate the funds made available 
through the grant to carry out activities described in section 415, in 
consultation with the collaborative applicants.''; and
            (5) in section 414(b) (42 U.S.C. 11373(b)), as so 
        redesignated by paragraph (3) of this section, by striking 
        ``amounts appropriated'' and all that follows through ``for 
        any'' and inserting ``amounts appropriated under section 408 
        and made available to carry out this subtitle for any''.

SEC. 202. ELIGIBLE ACTIVITIES.

    The McKinney-Vento Homeless Assistance Act is amended by striking 
section 415 (42 U.S.C. 11374), as so redesignated by section 201(3) of 
this Act, and inserting the following new section:

``SEC. 415. ELIGIBLE ACTIVITIES.

    ``(a) In General.--Assistance provided under section 412 may be 
used for the following activities:
            ``(1) The renovation, major rehabilitation, or conversion 
        of buildings to be used as emergency shelters.
            ``(2) The provision of essential services related to 
        emergency shelter or street outreach, including services 
        concerned with employment, health, education, family support 
        services for homeless youth, substance abuse services, victim 
        services, or mental health services, if--
                    ``(A) such essential services have not been 
                provided by the local government during any part of the 
                immediately preceding 12-month period or the Secretary 
                determines that the local government is in a severe 
                financial deficit; or
                    ``(B) the use of assistance under this subtitle 
                would complement the provision of those essential 
                services.
            ``(3) Maintenance, operation, insurance, provision of 
        utilities, and provision of furnishings related to emergency 
        shelter.
            ``(4) Provision of rental assistance to provide short-term 
        or medium-term housing to homeless individuals or families or 
        individuals or families at risk of homelessness. Such rental 
        assistance may include tenant-based or project-based rental 
        assistance.
            ``(5) Housing relocation or stabilization services for 
        homeless individuals or families or individuals or families at 
        risk of homelessness, including housing search, mediation or 
        outreach to property owners, legal services, credit repair, 
        providing security or utility deposits, utility payments, 
        rental assistance for a final month at a location, assistance 
        with moving costs, or other activities that are effective at--
                    ``(A) stabilizing individuals and families in their 
                current housing; or
                    ``(B) quickly moving such individuals and families 
                to other permanent housing.
    ``(b) Maximum Allocation for Emergency Shelter Activities.--A 
grantee of assistance provided under section 412 for any fiscal year 
may not use an amount of such assistance for activities described in 
paragraphs (1) through (3) of subsection (a) that exceeds the greater 
of--
            ``(1) 60 percent of the aggregate amount of such assistance 
        provided for the grantee for such fiscal year; or
            ``(2) the amount expended by such grantee for such 
        activities during fiscal year most recently completed before 
        the effective date under section 503 of the Homeless Emergency 
        Assistance and Rapid Transition to Housing Act of 2008.''.

SEC. 203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION SYSTEM.

    Section 416 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11375), as so redesignated by section 201(3) of this Act, is 
amended by adding at the end the following new subsection:
    ``(f) Participation in HMIS.--The Secretary shall ensure that 
recipients of funds under this subtitle ensure the consistent 
participation by emergency shelters and homelessness prevention and 
rehousing programs in any applicable community-wide homeless management 
information system.''.

                  TITLE III--CONTINUUM OF CARE PROGRAM

SEC. 301. CONTINUUM OF CARE.

    The McKinney-Vento Homeless Assistance Act is amended--
            (1) by striking the subtitle heading for subtitle C of 
        title IV (42 U.S.C. 11381 et seq.) and inserting the following:

             ``Subtitle C--Continuum of Care Program''; and

            (2) by striking sections 421 and 422 (42 U.S.C. 11381 and 
        11382) and inserting the following new sections:

``SEC. 421. PURPOSES.

    ``The purposes of this subtitle are--
            ``(1) to promote community-wide commitment to the goal of 
        ending homelessness;
            ``(2) to provide funding for efforts by nonprofit providers 
        and State and local governments to quickly rehouse homeless 
        individuals and families while minimizing the trauma and 
        dislocation caused to individuals, families, and communities by 
        homelessness;
            ``(3) to promote access to, and effective utilization of, 
        mainstream programs described in section 203(a)(7) and programs 
        funded with State or local resources; and
            ``(4) to optimize self-sufficiency among individuals and 
        families experiencing homelessness.

``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.

    ``(a) Projects.--The Secretary shall award grants, on a competitive 
basis, and using the selection criteria described in section 427, to 
carry out eligible activities under this subtitle for projects that 
meet the program requirements under section 426, either by directly 
awarding funds to project sponsors or by awarding funds to unified 
funding agencies.
    ``(b) Notification of Funding Availability.--The Secretary shall 
release a notification of funding availability for grants awarded under 
this subtitle for a fiscal year not later than 3 months after the date 
of the enactment of the appropriate Act making appropriations for the 
Department of Housing and Urban Development for such fiscal year.
    ``(c) Applications.--
            ``(1) Submission to the secretary.--To be eligible to 
        receive a grant under subsection (a), a project sponsor or 
        unified funding agency in a geographic area shall submit an 
        application to the Secretary at such time and in such manner as 
        the Secretary may require, and containing such information as 
        the Secretary determines necessary--
                    ``(A) to determine compliance with the program 
                requirements and selection criteria under this 
                subtitle; and
                    ``(B) to establish priorities for funding projects 
                in the geographic area.
            ``(2) Announcement of awards.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall announce, within 
                5 months after the last date for the submission of 
                applications described in this subsection for a fiscal 
                year, the grants conditionally awarded under subsection 
                (a) for that fiscal year.
                    ``(B) Transition.--For a period of up to 2 years 
                beginning after the effective date under section 503 of 
                the Homeless Emergency Assistance and Rapid Transition 
                to Housing Act of 2008, the Secretary shall announce, 
                within 6 months after the last date for the submission 
                of applications described in this subsection for a 
                fiscal year, the grants conditionally awarded under 
                subsection (a) for that fiscal year.
    ``(d) Obligation, Distribution, and Utilization of Funds.--
            ``(1) Requirements for obligation.--
                    ``(A) In general.--Not later than 9 months after 
                the announcement referred to in subsection (c)(2), each 
                recipient or project sponsor shall meet all 
                requirements for the obligation of those funds, 
                including site control, matching funds, and 
                environmental review requirements, except as provided 
                in subparagraphs (B) and (C).
                    ``(B) Acquisition, rehabilitation, or 
                construction.--Not later than 24 months after the 
                announcement referred to in subsection (c)(2), each 
                recipient or project sponsor seeking the obligation of 
                funds for acquisition of housing, rehabilitation of 
                housing, or construction of new housing for a grant 
                announced under subsection (c)(2) shall meet all 
                requirements for the obligation of those funds, 
                including site control, matching funds, and 
                environmental review requirements.
                    ``(C) Extensions.--At the discretion of the 
                Secretary, and in compelling circumstances, the 
                Secretary may extend the date by which a recipient or 
                project sponsor shall meet the requirements described 
                in subparagraphs (A) and (B) if the Secretary 
                determines that compliance with the requirements was 
                delayed due to factors beyond the reasonable control of 
                the recipient or project sponsor. Such factors may 
                include difficulties in obtaining site control for a 
                proposed project, completing the process of obtaining 
                secure financing for the project, obtaining approvals 
                from State or local governments, or completing the 
                technical submission requirements for the project.
            ``(2) Obligation.--Not later than 45 days after a recipient 
        or project sponsor meets the requirements described in 
        paragraph (1), the Secretary shall obligate the funds for the 
        grant involved.
            ``(3) Distribution.--A recipient that receives funds 
        through such a grant--
                    ``(A) shall distribute the funds to project 
                sponsors (in advance of expenditures by the project 
                sponsors); and
                    ``(B) shall distribute the appropriate portion of 
                the funds to a project sponsor not later than 45 days 
                after receiving a request for such distribution from 
                the project sponsor.
            ``(4) Expenditure of funds.--The Secretary may establish a 
        date by which funds made available through a grant announced 
        under subsection (c)(2) for a homeless assistance project shall 
        be entirely expended by the recipient or project sponsors 
        involved. The date established under this paragraph shall not 
        occur before the expiration of the 24-month period beginning on 
        the date that funds are obligated for activities described 
        under paragraphs (1) or (2) of section 423(a). The Secretary 
        shall recapture the funds not expended by such date. The 
        Secretary shall reallocate the funds for another homeless 
        assistance and prevention project that meets the requirements 
        of this subtitle to be carried out, if possible and 
        appropriate, in the same geographic area as the area served 
        through the original grant.
    ``(e) Renewal Funding for Unsuccessful Applicants.--The Secretary 
may renew funding for a specific project previously funded under this 
subtitle that the Secretary determines meets the purposes of this 
subtitle, and was included as part of a total application that met the 
criteria of subsection (c), even if the application was not selected to 
receive grant assistance. The Secretary may renew the funding for a 
period of not more than 1 year, and under such conditions as the 
Secretary determines to be appropriate.
    ``(f) Considerations in Determining Renewal Funding.--When 
providing renewal funding for leasing, operating costs, or rental 
assistance for permanent housing, the Secretary shall make adjustments 
proportional to increases in the fair market rents in the geographic 
area.
    ``(g) More Than One Application for a Geographic Area.--If more 
than one collaborative applicant applies for funds for a geographic 
area, the Secretary shall award funds to the collaborative applicant 
with the highest score based on the selection criteria set forth in 
section 427.
    ``(h) Appeals.--
            ``(1) In general.--The Secretary shall establish a timely 
        appeal procedure for grant amounts awarded or denied under this 
        subtitle pursuant to a collaborative application or solo 
        application for funding.
            ``(2) Process.--The Secretary shall ensure that the 
        procedure permits appeals submitted by entities carrying out 
        homeless housing and services projects (including emergency 
        shelters and homelessness prevention programs), and all other 
        applicants under this subtitle.
    ``(i) Solo Applicants.--A solo applicant may submit an application 
to the Secretary for a grant under subsection (a) and be awarded such 
grant on the same basis as such grants are awarded to other applicants 
based on the criteria described in section 427, but only if the 
Secretary determines that the solo applicant has attempted to 
participate in the continuum of care process but was not permitted to 
participate in a reasonable manner. The Secretary may award such grants 
directly to such applicants in a manner determined to be appropriate by 
the Secretary.
    ``(j) Flexibility To Serve Persons Defined as Homeless Under Other 
Federal Laws.--
            ``(1) In general.--A collaborative applicant may use not 
        more than 10 percent of funds awarded under this subtitle 
        (continuum of care funding) for any of the types of eligible 
        activities specified in paragraphs (1) through (7) of section 
        423(a) to serve families with children and youth defined as 
        homeless under other Federal statutes, or homeless families 
        with children and youth defined as homeless under section 
        103(a)(6), but only if the applicant demonstrates that the use 
        of such funds is of an equal or greater priority or is equally 
        or more cost effective in meeting the overall goals and 
        objectives of the plan submitted under section 427(b)(1)(B), 
        especially with respect to children and unaccompanied youth.
            ``(2) Limitations.--The 10 percent limitation under 
        paragraph (1) shall not apply to collaborative applicants in 
        which the rate of homelessness, as calculated in the most 
        recent point in time count, is less than one-tenth of 1 percent 
        of total population.
            ``(3) Treatment of certain populations.--
                    ``(A) In general.--Notwithstanding section 103(a) 
                and subject to subparagraph (B), funds awarded under 
                this subtitle may be used for eligible activities to 
                serve unaccompanied youth and homeless families and 
                children defined as homeless under section 103(a)(6) 
                only pursuant to paragraph (1) of this subsection and 
                such families and children shall not otherwise be 
                considered as homeless for purposes of this subtitle.
                    ``(B) At risk of homelessness.--Subparagraph (A) 
                may not be construed to prevent any unaccompanied youth 
                and homeless families and children defined as homeless 
                under section 103(a)(6) from qualifying for, and being 
                treated for purposes of this subtitle as, at risk of 
                homelessness or from eligibility for any projects, 
                activities, or services carried out using amounts 
                provided under this subtitle for which individuals or 
                families that are at risk of homelessness are 
                eligible.''.

SEC. 302. ELIGIBLE ACTIVITIES.

    The McKinney-Vento Homeless Assistance Act is amended by striking 
section 423 (42 U.S.C. 11383) and inserting the following new section:

``SEC. 423. ELIGIBLE ACTIVITIES.

    ``(a) In General.--Grants awarded under section 422 to qualified 
applicants shall be used to carry out projects that serve homeless 
individuals or families that consist of one or more of the following 
eligible activities:
            ``(1) Construction of new housing units to provide 
        transitional or permanent housing.
            ``(2) Acquisition or rehabilitation of a structure to 
        provide transitional or permanent housing, other than emergency 
        shelter, or to provide supportive services.
            ``(3) Leasing of property, or portions of property, not 
        owned by the recipient or project sponsor involved, for use in 
        providing transitional or permanent housing, or providing 
        supportive services.
            ``(4) Provision of rental assistance to provide 
        transitional or permanent housing to eligible persons. The 
        rental assistance may include tenant-based, project-based, or 
        sponsor-based rental assistance. Project-based rental 
        assistance, sponsor-based rental assistance, and operating cost 
        assistance contracts carried out by project sponsors receiving 
        grants under this section may, at the discretion of the 
        applicant and the project sponsor, have an initial term of 15 
        years, with assistance for the first 5 years paid with funds 
        authorized for appropriation under this Act, and assistance for 
        the remainder of the term treated as a renewal of an expiring 
        contract as provided in section 429. Project-based rental 
        assistance may include rental assistance to preserve existing 
        permanent supportive housing for homeless individuals and 
        families.
            ``(5) Payment of operating costs for housing units assisted 
        under this subtitle or for the preservation of housing that 
        will serve homeless individuals and families and for which 
        another form of assistance is expiring or otherwise no longer 
        available.
            ``(6) Supportive services for individuals and families who 
        are currently homeless, who have been homeless in the prior 6 
        months but are currently residing in permanent housing, or who 
        were previously homeless and are currently residing in 
        permanent supportive housing.
            ``(7) Provision of rehousing services, including housing 
        search, mediation or outreach to property owners, credit 
        repair, providing security or utility deposits, rental 
        assistance for a final month at a location, assistance with 
        moving costs, or other activities that--
                    ``(A) are effective at moving homeless individuals 
                and families immediately into housing; or
                    ``(B) may benefit individuals and families who in 
                the prior 6 months have been homeless, but are 
                currently residing in permanent housing.
            ``(8) In the case of a collaborative applicant that is a 
        legal entity, performance of the duties described under section 
        402(f)(3).
            ``(9) Operation of, participation in, and ensuring 
        consistent participation by project sponsors in, a community-
        wide homeless management information system.
            ``(10) In the case of a collaborative applicant that is a 
        legal entity, payment of administrative costs related to 
        meeting the requirements described in paragraphs (1) and (2) of 
        section 402(f), for which the collaborative applicant may use 
        not more than 3 percent of the total funds made available in 
        the geographic area under this subtitle for such costs.
            ``(11) In the case of a collaborative applicant that is a 
        unified funding agency under section 402(g), payment of 
        administrative costs related to meeting the requirements of 
        that section, for which the unified funding agency may use not 
        more than 3 percent of the total funds made available in the 
        geographic area under this subtitle for such costs, in addition 
        to funds used under paragraph (10).
            ``(12) Payment of administrative costs to project sponsors, 
        for which each project sponsor may use not more than 10 percent 
        of the total funds made available to that project sponsor 
        through this subtitle for such costs.
    ``(b) Minimum Grant Terms.--The Secretary may impose minimum grant 
terms of up to 5 years for new projects providing permanent housing.
    ``(c) Use Restrictions.--
            ``(1) Acquisition, rehabilitation, and new construction.--A 
        project that consists of activities described in paragraph (1) 
        or (2) of subsection (a) shall be operated for the purpose 
        specified in the application submitted for the project under 
        section 422 for not less than 15 years.
            ``(2) Other activities.--A project that consists of 
        activities described in any of paragraphs (3) through (12) of 
        subsection (a) shall be operated for the purpose specified in 
        the application submitted for the project under section 422 for 
        the duration of the grant period involved.
            ``(3) Conversion.--If the recipient or project sponsor 
        carrying out a project that provides transitional or permanent 
        housing submits a request to the Secretary to carry out instead 
        a project for the direct benefit of low-income persons, and the 
        Secretary determines that the initial project is no longer 
        needed to provide transitional or permanent housing, the 
        Secretary may approve the project described in the request and 
        authorize the recipient or project sponsor to carry out that 
        project.
    ``(d) Repayment of Assistance and Prevention of Undue Benefits.--
            ``(1) Repayment.--If a recipient or project sponsor 
        receives assistance under section 422 to carry out a project 
        that consists of activities described in paragraph (1) or (2) 
        of subsection (a) and the project ceases to provide 
        transitional or permanent housing--
                    ``(A) earlier than 10 years after operation of the 
                project begins, the Secretary shall require the 
                recipient or project sponsor to repay 100 percent of 
                the assistance; or
                    ``(B) not earlier than 10 years, but earlier than 
                15 years, after operation of the project begins, the 
                Secretary shall require the recipient or project 
                sponsor to repay 20 percent of the assistance for each 
                of the years in the 15-year period for which the 
                project fails to provide that housing.
            ``(2) Prevention of undue benefits.--Except as provided in 
        paragraph (3), if any property is used for a project that 
        receives assistance under subsection (a) and consists of 
        activities described in paragraph (1) or (2) of subsection (a), 
        and the sale or other disposition of the property occurs before 
        the expiration of the 15-year period beginning on the date that 
        operation of the project begins, the recipient or project 
        sponsor who received the assistance shall comply with such 
        terms and conditions as the Secretary may prescribe to prevent 
        the recipient or project sponsor from unduly benefitting from 
        such sale or disposition.
            ``(3) Exception.--A recipient or project sponsor shall not 
        be required to make the repayments, and comply with the terms 
        and conditions, required under paragraph (1) or (2) if--
                    ``(A) the sale or disposition of the property used 
                for the project results in the use of the property for 
                the direct benefit of very low-income persons;
                    ``(B) all of the proceeds of the sale or 
                disposition are used to provide transitional or 
                permanent housing meeting the requirements of this 
                subtitle;
                    ``(C) project-based rental assistance or operating 
                cost assistance from any Federal program or an 
                equivalent State or local program is no longer made 
                available and the project is meeting applicable 
                performance standards, provided that the portion of the 
                project that had benefitted from such assistance 
                continues to meet the tenant income and rent 
                restrictions for low-income units under section 42(g) 
                of the Internal Revenue Code of 1986; or
                    ``(D) there are no individuals and families in the 
                geographic area who are homeless, in which case the 
                project may serve individuals and families at risk of 
                homelessness.
    ``(e) Staff Training.--The Secretary may allow reasonable costs 
associated with staff training to be included as part of the activities 
described in subsection (a).
    ``(f) Eligibility for Permanent Housing.--Any project that receives 
assistance under subsection (a) and that provides project-based or 
sponsor-based permanent housing for homeless individuals or families 
with a disability, including projects that meet the requirements of 
subsection (a) and subsection (d)(2)(A) of section 428 may also serve 
individuals who had previously met the requirements for such project 
prior to moving into a different permanent housing project.
    ``(g) Administration of Rental Assistance.--Provision of permanent 
housing rental assistance shall be administered by a State, unit of 
general local government, or public housing agency.''.

SEC. 303. HIGH PERFORMING COMMUNITIES.

    The McKinney-Vento Homeless Assistance Act is amended by striking 
section 424 (42 U.S.C. 11384) and inserting the following:

``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.

    ``(a) Designation as a High-Performing Community.--
            ``(1) In general.--The Secretary shall designate, on an 
        annual basis, which collaborative applicants represent high-
        performing communities.
            ``(2) Consideration.--In determining whether to designate a 
        collaborative applicant as a high-performing community under 
        paragraph (1), the Secretary shall establish criteria to ensure 
        that the requirements described under paragraphs (1)(B) and 
        (2)(B) of subsection (d) are measured by comparing homeless 
        individuals and families under similar circumstances, in order 
        to encourage projects in the geographic area to serve homeless 
        individuals and families with more severe barriers to housing 
        stability.
            ``(3) 2-year phase in.--In each of the first 2 years after 
        the effective date under section 503 of the Homeless Emergency 
        Assistance and Rapid Transition to Housing Act of 2008, the 
        Secretary shall designate not more than ten collaborative 
        applicants as high-performing communities.
            ``(4) Excess of qualified applicants.--If, during the 2-
        year period described under paragraph (2), more than ten 
        collaborative applicants could qualify to be designated as 
        high-performing communities, the Secretary shall designate the 
        ten that have, in the discretion of the Secretary, the best 
        performance based on the criteria described under subsection 
        (d).
            ``(5) Time limit on designation.--The designation of any 
        collaborative applicant as a high-performing community under 
        this subsection shall be effective only for the year in which 
        such designation is made. The Secretary, on an annual basis, 
        may renew any such designation.
    ``(b) Application.--
            ``(1) In general.--A collaborative applicant seeking 
        designation as a high-performing community under subsection (a) 
        shall submit an application to the Secretary at such time, and 
        in such manner as the Secretary may require.
            ``(2) Content of application.--In any application submitted 
        under paragraph (1), a collaborative applicant shall include in 
        such application--
                    ``(A) a report showing how any money received under 
                this subtitle in the preceding year was expended; and
                    ``(B) information that such applicant can meet the 
                requirements described under subsection (d).
            ``(3) Publication of application.--The Secretary shall--
                    ``(A) publish any report or information submitted 
                in an application under this section in the geographic 
                area represented by the collaborative applicant; and
                    ``(B) seek comments from the public as to whether 
                the collaborative applicant seeking designation as a 
                high-performing community meets the requirements 
                described under subsection (d).
    ``(c) Use of Funds.--Funds awarded under section 422(a) to a 
project sponsor who is located in a high-performing community may be 
used--
            ``(1) for any of the eligible activities described in 
        section 423; or
            ``(2) for any of the eligible activities described in 
        paragraphs (4) and (5) of section 415(a).
    ``(d) Definition of High-Performing Community.--For purposes of 
this section, the term `high-performing community' means a geographic 
area that demonstrates through reliable data that all five of the 
following requirements are met for that geographic area:
            ``(1) Term of homelessness.--The mean length of episodes of 
        homelessness for that geographic area--
                    ``(A) is less than 20 days; or
                    ``(B) for individuals and families in similar 
                circumstances in the preceding year was at least 10 
                percent less than in the year before.
            ``(2) Families leaving homelessness.--Of individuals and 
        families--
                    ``(A) who leave homelessness, fewer than 5 percent 
                of such individuals and families become homeless again 
                at any time within the next 2 years; or
                    ``(B) in similar circumstances who leave 
                homelessness, the percentage of such individuals and 
                families who become homeless again within the next 2 
                years has decreased by at least 20 percent from the 
                preceding year.
            ``(3) Community action.--The communities that compose the 
        geographic area have--
                    ``(A) actively encouraged homeless individuals and 
                families to participate in homeless assistance services 
                available in that geographic area; and
                    ``(B) included each homeless individual or family 
                who sought homeless assistance services in the data 
                system used by that community for determining 
                compliance with this subsection.
            ``(4) Effectiveness of previous activities.--If recipients 
        in the geographic area have used funding awarded under section 
        422(a) for eligible activities described under section 415(a) 
        in previous years based on the authority granted under 
        subsection (c), that such activities were effective at reducing 
        the number of individuals and families who became homeless in 
        that community.
            ``(5) Flexibility to serve persons defined as homeless 
        under other federal laws.--With respect to collaborative 
        applicants exercising the authority under section 422(j) to 
        serve homeless families with children and youth defined as 
        homeless under other Federal statutes, effectiveness in 
        achieving the goals and outcomes identified in subsection 
        427(b)(1)(F) according to such standards as the Secretary shall 
        promulgate.
    ``(e) Cooperation Among Entities.--A collaborative applicant 
designated as a high-performing community under this section shall 
cooperate with the Secretary in distributing information about 
successful efforts within the geographic area represented by the 
collaborative applicant to reduce homelessness.''.

SEC. 304. PROGRAM REQUIREMENTS.

    Section 426 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11386) is amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a) Site Control.--The Secretary shall require that each 
application include reasonable assurances that the applicant will own 
or have control of a site for the proposed project not later than the 
expiration of the 12-month period beginning upon notification of an 
award for grant assistance, unless the application proposes providing 
supportive housing assistance under section 423(a)(3) or housing that 
will eventually be owned or controlled by the families and individuals 
served. An applicant may obtain ownership or control of a suitable site 
different from the site specified in the application. If any recipient 
or project sponsor fails to obtain ownership or control of the site 
within 12 months after notification of an award for grant assistance, 
the grant shall be recaptured and reallocated under this subtitle.
    ``(b) Required Agreements.--The Secretary may not provide 
assistance for a proposed project under this subtitle unless the 
collaborative applicant involved agrees--
            ``(1) to ensure the operation of the project in accordance 
        with the provisions of this subtitle;
            ``(2) to monitor and report to the Secretary the progress 
        of the project;
            ``(3) to ensure, to the maximum extent practicable, that 
        individuals and families experiencing homelessness are 
        involved, through employment, provision of volunteer services, 
        or otherwise, in constructing, rehabilitating, maintaining, and 
        operating facilities for the project and in providing 
        supportive services for the project;
            ``(4) to require certification from all project sponsors 
        that--
                    ``(A) they will maintain the confidentiality of 
                records pertaining to any individual or family provided 
                family violence prevention or treatment services 
                through the project;
                    ``(B) that the address or location of any family 
                violence shelter project assisted under this subtitle 
                will not be made public, except with written 
                authorization of the person responsible for the 
                operation of such project;
                    ``(C) they will establish policies and practices 
                that are consistent with, and do not restrict the 
                exercise of rights provided by, subtitle B of title 
                VII, and other laws relating to the provision of 
                educational and related services to individuals and 
                families experiencing homelessness;
                    ``(D) in the case of programs that provide housing 
                or services to families, they will designate a staff 
                person to be responsible for ensuring that children 
                being served in the program are enrolled in school and 
                connected to appropriate services in the community, 
                including early childhood programs such as Head Start, 
                part C of the Individuals with Disabilities Education 
                Act, and programs authorized under subtitle B of title 
                VII of this Act(42 U.S.C. 11431 et seq.); and
                    ``(E) they will provide data and reports as 
                required by the Secretary pursuant to the Act;
            ``(5) if a collaborative applicant is a unified funding 
        agency under section 402(g) and receives funds under subtitle C 
        to carry out the payment of administrative costs described in 
        section 423(a)(11), to establish such fiscal control and fund 
        accounting procedures as may be necessary to assure the proper 
        disbursal of, and accounting for, such funds in order to ensure 
        that all financial transactions carried out with such funds are 
        conducted, and records maintained, in accordance with generally 
        accepted accounting principles;
            ``(6) to monitor and report to the Secretary the provision 
        of matching funds as required by section 430;
            ``(7) to take the educational needs of children into 
        account when families are placed in emergency or transitional 
        shelter and will, to the maximum extent practicable, place 
        families with children as close as possible to their school of 
        origin so as not to disrupt such children's education; and
            ``(8) to comply with such other terms and conditions as the 
        Secretary may establish to carry out this subtitle in an 
        effective and efficient manner.'';
            (2) by redesignating subsection (d) as subsection (c);
            (3) in the first sentence of subsection (c) (as so 
        redesignated by paragraph (2) of this subsection), by striking 
        ``recipient'' and inserting ``recipient or project sponsor'';
            (4) by striking subsection (e);
            (5) by redesignating subsections (f), (g), and (h), as 
        subsections (d), (e), and (f), respectively;
            (6) in the first sentence of subsection (e) (as so 
        redesignated by paragraph (5) of this section), by striking 
        ``recipient'' each place it appears and inserting ``recipient 
        or project sponsor'';
            (7) by striking subsection (i); and
            (8) by redesignating subsection (j) as subsection (g).

SEC. 305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND FUNDING.

    The McKinney-Vento Homeless Assistance Act is amended--
            (1) by repealing section 429 (42 U.S.C. 11389); and
            (2) by redesignating sections 427 and 428 (42 U.S.C. 11387, 
        11388) as sections 432 and 433, respectively; and
            (3) by inserting after section 426 the following new 
        sections:

``SEC. 427. SELECTION CRITERIA.

    ``(a) In General.--The Secretary shall award funds to recipients 
through a national competition between geographic areas based on 
criteria established by the Secretary.
    ``(b) Required Criteria.--
            ``(1) In general.--The criteria established under 
        subsection (a) shall include--
                    ``(A) the previous performance of the recipient 
                regarding homelessness, including performance related 
                to funds provided under section 412 (except that 
                recipients applying from geographic areas where no 
                funds have been awarded under this subtitle, or under 
                subtitles C, D, E, or F of title IV of this Act, as in 
                effect prior to the date of the enactment of the 
                Homeless Emergency Assistance and Rapid Transition to 
                Housing Act of 2008, shall receive full credit for 
                performance under this subparagraph), measured by 
                criteria that shall be announced by the Secretary, that 
                shall take into account barriers faced by individual 
                homeless people, and that shall include--
                            ``(i) the length of time individuals and 
                        families remain homeless;
                            ``(ii) the extent to which individuals and 
                        families who leave homelessness experience 
                        additional spells of homelessness;
                            ``(iii) the thoroughness of grantees in the 
                        geographic area in reaching homeless 
                        individuals and families;
                            ``(iv) overall reduction in the number of 
                        homeless individuals and families;
                            ``(v) jobs and income growth for homeless 
                        individuals and families;
                            ``(vi) success at reducing the number of 
                        individuals and families who become homeless;
                            ``(vii) other accomplishments by the 
                        recipient related to reducing homelessness; and
                            ``(viii) for collaborative applicants that 
                        have exercised the authority under section 
                        422(j) to serve families with children and 
                        youth defined as homeless under other Federal 
                        statutes, success in achieving the goals and 
                        outcomes identified in section 427(b)(1)(F);
                    ``(B) the plan of the recipient, which shall 
                describe--
                            ``(i) how the number of individuals and 
                        families who become homeless will be reduced in 
                        the community;
                            ``(ii) how the length of time that 
                        individuals and families remain homeless will 
                        be reduced;
                            ``(iii) how the recipient will collaborate 
                        with local education authorities to assist in 
                        the identification of individuals and families 
                        who become or remain homeless and are informed 
                        of their eligibility for services under 
                        subtitle B of title VII of this Act (42 U.S.C. 
                        11431 et seq.);
                            ``(iv) the extent to which the recipient 
                        will--
                                    ``(I) address the needs of all 
                                relevant subpopulations;
                                    ``(II) incorporate comprehensive 
                                strategies for reducing homelessness, 
                                including the interventions referred to 
                                in section 428(d);
                                    ``(III) set quantifiable 
                                performance measures;
                                    ``(IV) set timelines for completion 
                                of specific tasks;
                                    ``(V) identify specific funding 
                                sources for planned activities; and
                                    ``(VI) identify an individual or 
                                body responsible for overseeing 
                                implementation of specific strategies; 
                                and
                            ``(v) whether the recipient proposes to 
                        exercise authority to use funds under section 
                        422(j), and if so, how the recipient will 
                        achieve the goals and outcomes identified in 
                        section 427(b)(1)(F);
                    ``(C) the methodology of the recipient used to 
                determine the priority for funding local projects under 
                section 422(c)(1), including the extent to which the 
                priority-setting process--
                            ``(i) uses periodically collected 
                        information and analysis to determine the 
                        extent to which each project has resulted in 
                        rapid return to permanent housing for those 
                        served by the project, taking into account the 
                        severity of barriers faced by the people the 
                        project serves;
                            ``(ii) considers the full range of opinions 
                        from individuals or entities with knowledge of 
                        homelessness in the geographic area or an 
                        interest in preventing or ending homelessness 
                        in the geographic area;
                            ``(iii) is based on objective criteria that 
                        have been publicly announced by the recipient; 
                        and
                            ``(iv) is open to proposals from entities 
                        that have not previously received funds under 
                        this subtitle;
                    ``(D) the extent to which the amount of assistance 
                to be provided under this subtitle to the recipient 
                will be supplemented with resources from other public 
                and private sources, including mainstream programs 
                identified by the Government Accountability Office in 
                the two reports described in section 203(a)(7);
                    ``(E) demonstrated coordination by the recipient 
                with the other Federal, State, local, private, and 
                other entities serving individuals and families 
                experiencing homelessness and at risk of homelessness 
                in the planning and operation of projects;
                    ``(F) for collaborative applicants exercising the 
                authority under section 422(j) to serve homeless 
                families with children and youth defined as homeless 
                under other Federal statutes, program goals and 
                outcomes, which shall include--
                            ``(i) preventing homelessness among the 
                        subset of such families with children and youth 
                        who are at highest risk of becoming homeless, 
                        as such term is defined for purposes of this 
                        title; or
                            ``(ii) achieving independent living in 
                        permanent housing among such families with 
                        children and youth, especially those who have a 
                        history of doubled-up and other temporary 
                        housing situations or are living in a temporary 
                        housing situation due to lack of available and 
                        appropriate emergency shelter, through the 
                        provision of eligible assistance that directly 
                        contributes to achieving such results including 
                        assistance to address chronic disabilities, 
                        chronic physical health or mental health 
                        conditions, substance addiction, histories of 
                        domestic violence or childhood abuse, or 
                        multiple barriers to employment; and
                    ``(G) such other factors as the Secretary 
                determines to be appropriate to carry out this subtitle 
                in an effective and efficient manner.
            ``(2) Additional criteria.--In addition to the criteria 
        required under paragraph (1), the criteria established under 
        paragraph (1) shall also include the need within the geographic 
        area for homeless services, determined as follows and under the 
        following conditions:
                    ``(A) Notice.--The Secretary shall inform each 
                collaborative applicant, at a time concurrent with the 
                release of the notice of funding availability for the 
                grants, of the pro rata estimated grant amount under 
                this subtitle for the geographic area represented by 
                the collaborative applicant.
                    ``(B) Amount.--
                            ``(i) Formula.--Such estimated grant 
                        amounts shall be determined by a formula, which 
                        shall be developed by the Secretary, by 
                        regulation, not later than the expiration of 
                        the 2-year period beginning upon the date of 
                        the enactment of the Homeless Emergency 
                        Assistance and Rapid Transition to Housing Act 
                        of 2008, that is based upon factors that are 
                        appropriate to allocate funds to meet the goals 
                        and objectives of this subtitle.
                            ``(ii) Combinations or consortia.--For a 
                        collaborative applicant that represents a 
                        combination or consortium of cities or 
                        counties, the estimated need amount shall be 
                        the sum of the estimated need amounts for the 
                        cities or counties represented by the 
                        collaborative applicant.
                            ``(iii) Authority of secretary.--Subject to 
                        the availability of appropriations, the 
                        Secretary shall increase the estimated need 
                        amount for a geographic area if necessary to 
                        provide 1 year of renewal funding for all 
                        expiring contracts entered into under this 
                        subtitle for the geographic area.
            ``(3) Homelessness counts.--The Secretary shall not require 
        that communities conduct an actual count of homeless people 
        other than those described in paragraphs (1) through (4) of 
        section 103(a) of this Act (42 U.S.C. 11302(a)).
    ``(c) Adjustments.--The Secretary may adjust the formula described 
in subsection (b)(2) as necessary--
            ``(1) to ensure that each collaborative applicant has 
        sufficient funding to renew all qualified projects for at least 
        one year; and
            ``(2) to ensure that collaborative applicants are not 
        discouraged from replacing renewal projects with new projects 
        that the collaborative applicant determines will better be able 
        to meet the purposes of this Act.

``SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC ELIGIBLE 
              ACTIVITIES.

    ``(a) Minimum Allocation for Permanent Housing for Homeless 
Individuals and Families With Disabilities.--
            ``(1) In general.--From the amounts made available to carry 
        out this subtitle for a fiscal year, a portion equal to not 
        less than 30 percent of the sums made available to carry out 
        subtitle B and this subtitle, shall be used for permanent 
        housing for homeless individuals with disabilities and homeless 
        families that include such an individual who is an adult or a 
        minor head of household if no adult is present in the 
        household.
            ``(2) Calculation.--In calculating the portion of the 
        amount described in paragraph (1) that is used for activities 
        that are described in paragraph (1), the Secretary shall not 
        count funds made available to renew contracts for existing 
        projects under section 429.
            ``(3) Adjustment.--The 30-percent figure in paragraph (1) 
        shall be reduced proportionately based on need under section 
        427(b)(2) in geographic areas for which subsection (e) applies 
        in regard to subsection (d)(2)(A).
            ``(4) Suspension.--The requirement established in paragraph 
        (1) shall be suspended for any year in which available funding 
        for grants under this subtitle would not be sufficient to renew 
        for 1-year existing grants that would otherwise be funded under 
        this subtitle.
            ``(5) Termination.--The requirement established in 
        paragraph (1) shall terminate upon a finding by the Secretary 
        that since the beginning of 2001 at least 150,000 new units of 
        permanent housing for homeless individuals and families with 
        disabilities have been funded under this subtitle.
    ``(b) Set-Aside for Permanent Housing for Homeless Families With 
Children.--From the amounts made available to carry out this subtitle 
for a fiscal year, a portion equal to not less than 10 percent of the 
sums made available to carry out subtitle B and this subtitle for that 
fiscal year shall be used to provide or secure permanent housing for 
homeless families with children.
    ``(c) Treatment of Amounts for Permanent or Transitional Housing.--
Nothing in this Act may be construed to establish a limit on the amount 
of funding that an applicant may request under this subtitle for 
acquisition, construction, or rehabilitation activities for the 
development of permanent housing or transitional housing.
    ``(d) Incentives for Proven Strategies.--
            ``(1) In general.--The Secretary shall provide bonuses or 
        other incentives to geographic areas for using funding under 
        this subtitle for activities that have been proven to be 
        effective at reducing homelessness generally, reducing 
        homelessness for a specific subpopulation, or achieving 
        homeless prevention and independent living goals as set forth 
        in section 427(b)(1)(F).
            ``(2) Rule of construction.--For purposes of this 
        subsection, activities that have been proven to be effective at 
        reducing homelessness generally or reducing homelessness for a 
        specific subpopulation includes--
                    ``(A) permanent supportive housing for chronically 
                homeless individuals and families;
                    ``(B) for homeless families, rapid rehousing 
                services, short-term flexible subsidies to overcome 
                barriers to rehousing, support services concentrating 
                on improving incomes to pay rent, coupled with 
                performance measures emphasizing rapid and permanent 
                rehousing and with leveraging funding from mainstream 
                family service systems such as Temporary Assistance for 
                Needy Families and Child Welfare services; and
                    ``(C) any other activity determined by the 
                Secretary, based on research and after notice and 
                comment to the public, to have been proven effective at 
                reducing homelessness generally, reducing homelessness 
                for a specific subpopulation, or achieving homeless 
                prevention and independent living goals as set forth in 
                section 427(b)(1)(F).
            ``(3) Balance of incentives for proven strategies.--To the 
        extent practicable, in providing bonuses or incentives for 
        proven strategies, the Secretary shall seek to maintain a 
        balance among strategies targeting homeless individuals, 
        families, and other subpopulations. The Secretary shall not 
        implement bonuses or incentives that specifically discourage 
        collaborative applicants from exercising their flexibility to 
        serve families with children and youth defined as homeless 
        under other Federal statutes.
    ``(e) Incentives for Successful Implementation of Proven 
Strategies.--If any geographic area demonstrates that it has fully 
implemented any of the activities described in subsection (d) for all 
homeless individuals and families or for all members of subpopulations 
for whom such activities are targeted, that geographic area shall 
receive the bonus or incentive provided under subsection (d), but may 
use such bonus or incentive for any eligible activity under either 
section 423 or paragraphs (4) and (5) of section 415(a) for homeless 
people generally or for the relevant subpopulation.

``SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR PERMANENT 
              HOUSING.

    ``(a) In General.--Of the total amount available in the account or 
accounts designated for appropriations for use in connection with 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), 
the Secretary shall use such sums as may be necessary for the purpose 
of renewing expiring contracts for leasing, rental assistance, or 
operating costs for permanent housing.
    ``(b) Renewals.--The sums made available under subsection (a) shall 
be available for the renewal of contracts in the case of tenant-based 
assistance, successive 1-year terms, and in the case of project-based 
assistance, successive terms of up to 15 years at the discretion of the 
applicant or project sponsor and subject to the availability of annual 
appropriations, for rental assistance and housing operation costs 
associated with permanent housing projects funded under this subtitle, 
or under subtitle C or F (as in effect on the day before the effective 
date of the Homeless Emergency Assistance and Rapid Transition to 
Housing Act of 2008). The Secretary shall determine whether to renew a 
contract for such a permanent housing project on the basis of 
certification by the collaborative applicant for the geographic area 
that--
            ``(1) there is a demonstrated need for the project; and
            ``(2) the project complies with program requirements and 
        appropriate standards of housing quality and habitability, as 
        determined by the Secretary.
    ``(c) Construction.--Nothing in this section shall be construed as 
prohibiting the Secretary from renewing contracts under this subtitle 
in accordance with criteria set forth in a provision of this subtitle 
other than this section.

``SEC. 430. MATCHING FUNDING.

    ``(a) In General.--A collaborative applicant in a geographic area 
in which funds are awarded under this subtitle shall specify 
contributions from any source other than a grant awarded under this 
subtitle, including renewal funding of projects assisted under 
subtitles C, D, and F of this title as in effect before the effective 
date under section 503 of the Homeless Emergency Assistance and Rapid 
Transition to Housing Act of 2008, that shall be made available in the 
geographic area in an amount equal to not less than 25 percent of the 
funds provided to recipients in the geographic area, except that grants 
for leasing shall not be subject to any match requirement.
    ``(b) Limitations on In-Kind Match.--The cash value of services 
provided to the residents or clients of a project sponsor by an entity 
other than the project sponsor may count toward the contributions in 
subsection (a) only when documented by a memorandum of understanding 
between the project sponsor and the other entity that such services 
will be provided.
    ``(c) Countable Activities.--The contributions required under 
subsection (a) may consist of--
            ``(1) funding for any eligible activity described under 
        section 423; and
            ``(2) subject to subsection (b), in-kind provision of 
        services of any eligible activity described under section 423.

``SEC. 431. APPEAL PROCEDURE.

    ``(a) In General.--With respect to funding under this subtitle, if 
certification of consistency with the consolidated plan pursuant to 
section 403 is withheld from an applicant who has submitted an 
application for that certification, such applicant may appeal such 
decision to the Secretary.
    ``(b) Procedure.--The Secretary shall establish a procedure to 
process the appeals described in subsection (a).
    ``(c) Determination.--Not later than 45 days after the date of 
receipt of an appeal described in subsection (a), the Secretary shall 
determine if certification was unreasonably withheld. If such 
certification was unreasonably withheld, the Secretary shall review 
such application and determine if such applicant shall receive funding 
under this subtitle.''.

SEC. 306. RESEARCH.

    There is authorized to be appropriated $8,000,000, for each of 
fiscal years 2009 and 2010, for research into the efficacy of 
interventions for homeless families, to be expended by the Secretary of 
Housing and Urban Development over the 2 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. RURAL HOUSING STABILITY ASSISTANCE.

    Subtitle G of title IV of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11408 et seq.) is amended--
            (1) by striking the subtitle heading and inserting the 
        following:

    ``Subtitle G--Rural Housing Stability Assistance Program''; and

            (2) in section 491--
                    (A) by striking the section heading and inserting 
                ``rural housing stability grant program.'';
                    (B) in subsection (a)--
                            (i) by striking ``rural homelessness grant 
                        program'' and inserting ``rural housing 
                        stability grant program'';
                            (ii) by inserting ``in lieu of grants under 
                        subtitle C'' after ``eligible organizations''; 
                        and
                            (iii) by striking paragraphs (1), (2), and 
                        (3), and inserting the following:
            ``(1) rehousing or improving the housing situations of 
        individuals and families who are homeless or in the worst 
        housing situations in the geographic area;
            ``(2) stabilizing the housing of individuals and families 
        who are in imminent danger of losing housing; and
            ``(3) improving the ability of the lowest-income residents 
        of the community to afford stable housing.'';
                    (C) in subsection (b)(1)--
                            (i) by redesignating subparagraphs (E), 
                        (F), and (G) as subparagraphs (I), (J), and 
                        (K), respectively; and
                            (ii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) construction of new housing units to provide 
                transitional or permanent housing to homeless 
                individuals and families and individuals and families 
                at risk of homelessness;
                    ``(E) acquisition or rehabilitation of a structure 
                to provide supportive services or to provide 
                transitional or permanent housing, other than emergency 
                shelter, to homeless individuals and families and 
                individuals and families at risk of homelessness;
                    ``(F) leasing of property, or portions of property, 
                not owned by the recipient or project sponsor involved, 
                for use in providing transitional or permanent housing 
                to homeless individuals and families and individuals 
                and families at risk of homelessness, or providing 
                supportive services to such homeless and at-risk 
                individuals and families;
                    ``(G) provision of rental assistance to provide 
                transitional or permanent housing to homeless 
                individuals and families and individuals and families 
                at risk of homelessness, such rental assistance may 
                include tenant-based or project-based rental 
                assistance;
                    ``(H) payment of operating costs for housing units 
                assisted under this title;'';
                    (D) in subsection (b)(2), by striking 
                ``appropriated'' and inserting ``transferred'';
                    (E) in subsection (c)--
                            (i) in paragraph (1)(A), by striking 
                        ``appropriated'' and inserting ``transferred''; 
                        and
                            (ii) in paragraph (3), by striking 
                        ``appropriated'' and inserting ``transferred'';
                    (F) in subsection (d)--
                            (i) in paragraph (5), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in paragraph (6)--
                                    (I) by striking ``an agreement'' 
                                and all that follows through 
                                ``families'' and inserting the 
                                following: ``a description of how 
                                individuals and families who are 
                                homeless or who have the lowest incomes 
                                in the community will be involved by 
                                the organization''; and
                                    (II) by striking the period at the 
                                end, and inserting a semicolon; and
                            (iii) by adding at the end the following:
            ``(7) a description of consultations that took place within 
        the community to ascertain the most important uses for funding 
        under this section, including the involvement of potential 
        beneficiaries of the project; and
            ``(8) a description of the extent and nature of 
        homelessness and of the worst housing situations in the 
        community.'';
                    (G) by striking subsections (f) and (g) and 
                inserting the following:
    ``(f) Matching Funding.--
            ``(1) In general.--An organization eligible to receive a 
        grant under subsection (a) shall specify matching contributions 
        from any source other than a grant awarded under this subtitle, 
        that shall be made available in the geographic area in an 
        amount equal to not less than 25 percent of the funds provided 
        for the project or activity, except that grants for leasing 
        shall not be subject to any match requirement.
            ``(2) Limitations on in-kind match.--The cash value of 
        services provided to the beneficiaries or clients of an 
        eligible organization by an entity other than the organization 
        may count toward the contributions in paragraph (1) only when 
        documented by a memorandum of understanding between the 
        organization and the other entity that such services will be 
        provided.
            ``(3) Countable activities.--The contributions required 
        under paragraph (1) may consist of--
                    ``(A) funding for any eligible activity described 
                under subsection (b); and
                    ``(B) subject to paragraph (2), in-kind provision 
                of services of any eligible activity described under 
                subsection (b).
    ``(g) Selection Criteria.--The Secretary shall establish criteria 
for selecting recipients of grants under subsection (a), including--
            ``(1) the participation of potential beneficiaries of the 
        project in assessing the need for, and importance of, the 
        project in the community;
            ``(2) the degree to which the project addresses the most 
        harmful housing situations present in the community;
            ``(3) the degree of collaboration with others in the 
        community to meet the goals described in subsection (a);
            ``(4) the performance of the organization in improving 
        housing situations, taking account of the severity of barriers 
        of individuals and families served by the organization;
            ``(5) for organizations that have previously received 
        funding under this section, the extent of improvement in 
        homelessness and the worst housing situations in the community 
        since such funding began;
            ``(6) the need for such funds, as determined by the formula 
        established under section 427(b)(2); and
            ``(7) any other relevant criteria as determined by the 
        Secretary.'';
                    (H) in subsection (h)--
                            (i) in paragraph (1)(A)--
                                    (I) by striking ``The'' and 
                                inserting ``Not later than 18 months 
                                after funding is first made available 
                                pursuant to the amendments made by 
                                title IV of the Homeless Emergency 
                                Assistance and Rapid Transition to 
                                Housing Act of 2008, the''; and
                                    (II) by striking ``providing 
                                housing and other assistance to 
                                homeless persons'' and inserting 
                                ``meeting the goals described in 
                                subsection (a)'';
                            (ii) in paragraph (1)(B), by striking 
                        ``address homelessness in rural areas'' and 
                        inserting ``meet the goals described in 
                        subsection (a) in rural areas''; and
                            (iii) in paragraph (2)--
                                    (I) by striking ``The'' and 
                                inserting ``Not later than 24 months 
                                after funding is first made available 
                                pursuant to the amendment made by title 
                                IV of the Homeless Emergency Assistance 
                                and Rapid Transition to Housing Act of 
                                2008, the'';
                                    (II) by striking ``, not later than 
                                18 months after the date on which the 
                                Secretary first makes grants under the 
                                program,''; and
                                    (III) by striking ``prevent and 
                                respond to homelessness'' and inserting 
                                ``meet the goals described in 
                                subsection (a)'';
                    (I) in subsection (k)--
                            (i) in paragraph (1), by striking ``rural 
                        homelessness grant program'' and inserting 
                        ``rural housing stability grant program''; and
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``; or'' and inserting a 
                                semicolon;
                                    (II) in subparagraph (B)(ii), by 
                                striking ``rural census tract.'' and 
                                inserting ``county where at least 75 
                                percent of the population is rural; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                    ``(C) any area or community, respectively, located 
                in a State that has population density of less than 30 
                persons per square mile (as reported in the most recent 
                decennial census), and of which at least 1.25 percent 
                of the total acreage of such State is under Federal 
                jurisdiction, provided that no metropolitan city (as 
                such term is defined in section 102 of the Housing and 
                Community Development Act of 1974) in such State is the 
                sole beneficiary of the grant amounts awarded under 
                this section.'';
                    (J) in subsection (l)--
                            (i) by striking the subsection heading and 
                        inserting ``Program Funding.--''; and
                            (ii) by striking paragraph (1) and 
                        inserting the following:
            ``(1) In general.--The Secretary shall determine the total 
        amount of funding attributable under section 427(b)(2) to meet 
        the needs of any geographic area in the Nation that applies for 
        funding under this section. The Secretary shall transfer any 
        amounts determined under this subsection from the Community 
        Homeless Assistance Program and consolidate such transferred 
        amounts for grants under this section, except that the 
        Secretary shall transfer an amount not less than 5 percent of 
        the amount available under this subtitle for grants under this 
        section.''; and
                    (K) by adding at the end the following:
    ``(m) Division of Funds.--
            ``(1) Agreement among geographic areas.--If the Secretary 
        receives an application or applications to provide services in 
        a geographic area under this subtitle, and also under subtitle 
        C, the Secretary shall consult with all applicants from the 
        geographic area to determine whether all agree to proceed under 
        either this subtitle or under subtitle C.
            ``(2) Default if no agreement.--If no agreement is reached 
        under paragraph (1), the Secretary shall proceed under this 
        subtitle or under subtitle C, depending on which results in the 
        largest total grant funding to the geographic area.''.

SEC. 402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE IN RURAL 
              AREAS.

    (a) Study and Report.--Not later than the expiration of the 12-
month period beginning on the date of the enactment of this Act, the 
Comptroller General of the United States shall conduct a study to 
examine homelessness and homeless assistance in rural areas and rural 
communities and submit a report to the Congress on the findings and 
conclusion of the study. The report shall contain the following 
matters:
            (1) A general description of homelessness, including the 
        range of living situations among homeless individuals and 
        homeless families, in rural areas and rural communities of the 
        United States, including tribal lands and colonias.
            (2) An estimate of the incidence and prevalence of 
        homelessness among individuals and families in rural areas and 
        rural communities of the United States.
            (3) An estimate of the number of individuals and families 
        from rural areas and rural communities who migrate annually to 
        non-rural areas and non-rural communities for homeless 
        assistance.
            (4) A description of barriers that individuals and families 
        in and from rural areas and rural communities encounter when 
        seeking to access homeless assistance programs, and 
        recommendations for removing such barriers.
            (5) A comparison of the rate of homelessness among 
        individuals and families in and from rural areas and rural 
        communities compared to the rate of homelessness among 
        individuals and families in and from non-rural areas and non-
        rural communities.
            (6) A general description of homeless assistance for 
        individuals and families in rural areas and rural communities 
        of the United States.
            (7) A description of barriers that homeless assistance 
        providers serving rural areas and rural communities encounter 
        when seeking to access Federal homeless assistance programs, 
        and recommendations for removing such barriers.
            (8) An assessment of the type and amount of Federal 
        homeless assistance funds awarded to organizations serving 
        rural areas and rural communities and a determination as to 
        whether such amount is proportional to the distribution of 
        homeless individuals and families in and from rural areas and 
        rural communities compared to homeless individuals and families 
        in non-rural areas and non-rural communities.
            (9) An assessment of the current roles of the Department of 
        Housing and Urban Development, the Department of Agriculture, 
        and other Federal departments and agencies in administering 
        homeless assistance programs in rural areas and rural 
        communities and recommendations for distributing Federal 
        responsibilities, including homeless assistance program 
        administration and grantmaking, among the departments and 
        agencies so that service organizations in rural areas and rural 
        communities are most effectively reached and supported.
    (b) Acquisition of Supporting Information.--In carrying out the 
study under this section, the Comptroller General shall seek to obtain 
views from the following persons:
            (1) The Secretary of Agriculture.
            (2) The Secretary of Housing and Urban Development.
            (3) The Secretary of Health and Human Services.
            (4) The Secretary of Education.
            (5) The Secretary of Labor.
            (6) The Secretary of Veterans Affairs.
            (7) The Executive Director of the United States Interagency 
        Council on Homelessness.
            (8) Project sponsors and recipients of homeless assistance 
        grants serving rural areas and rural communities.
            (9) Individuals and families in or from rural areas and 
        rural communities who have sought or are seeking Federal 
        homeless assistance services.
            (10) National advocacy organizations concerned with 
        homelessness, rural housing, and rural community development.
    (c) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

SEC. 501. REPEALS.

    Subtitles D, E, and F of title IV of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 et 
seq.) are hereby repealed.

SEC. 502. CONFORMING AMENDMENTS.

    (a) Consolidated Plan.--Section 403(1) of the McKinney-Vento 
Homeless Assistance Act (as so redesignated by section 101(2) of this 
Act), is amended--
            (1) by striking ``current housing affordability strategy'' 
        and inserting ``consolidated plan''; and
            (2) by inserting before the comma the following: 
        ``(referred to in such section as a `comprehensive housing 
        affordability strategy')''.
    (b) Persons Experiencing Homelessness.--Section 103 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following new subsection:
    ``(e) Persons Experiencing Homelessness.--Any references in this 
Act to homeless individuals (including homeless persons) or homeless 
groups (including homeless persons) shall be considered to include, and 
to refer to, individuals experiencing homelessness or groups 
experiencing homelessness, respectively.''.
    (c) Rural Housing Stability Assistance.--Title IV of the McKinney-
Vento Homeless Assistance Act is amended by redesignating subtitle G 
(42 U.S.C. 11408 et seq.), as amended by the preceding provisions of 
this Act, as subtitle D.

SEC. 503. EFFECTIVE DATE.

    Except as specifically provided otherwise in this Act, this Act and 
the amendments made by this Act shall take effect on, and shall apply 
beginning on--
            (1) the expiration of the 18-month period beginning on the 
        date of the enactment of this Act, or
            (2) the expiration of the 3-month period beginning upon 
        publication by the Secretary of Housing and Urban Development 
        of final regulations pursuant to section 504,
whichever occurs first.

SEC. 504. REGULATIONS.

    (a) In General.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Housing and Urban Development 
shall promulgate regulations governing the operation of the programs 
that are created or modified by this Act.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 505. AMENDMENT TO TABLE OF CONTENTS.

    The table of contents in section 101(b) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking 
the item relating to the heading for title IV and all that follows 
through the item relating to section 492 and inserting the following 
new items:

                     ``TITLE IV--HOUSING ASSISTANCE

                    ``Subtitle A--General Provisions

``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim 
                            service providers.
``Sec. 408. Authorization of appropriations.
            ``Subtitle B--Emergency Solutions Grants Program

``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.
                ``Subtitle C--Continuum of Care Program

``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible 
                            activities.
``Sec. 429. Renewal funding and terms of assistance for permanent 
                            housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.
        ``Subtitle D--Rural Housing Stability Assistance Program

``Sec. 491. Rural housing stability assistance.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless 
                            persons and for turnkey housing.''.

            Passed the House of Representatives October 2, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.