II Calendar No. 463 110th CONGRESS 1st Session S. 1518 [Report No. 110–216] IN THE SENATE OF THE UNITED STATES May 24, 2007 Mr. Reed (for himself, Mr. Allard, Ms. Mikulski, Mr. Bond, Mr. Durbin, Ms. Collins, Mr. Schumer, Mr. Akaka, Mrs. Clinton, Mr. Whitehouse, Mr. Levin, Mr. Brown, Mrs. Boxer, Mr. Lieberman, Mr. Reid, Ms. Klobuchar, Mr. Menendez, Ms. Cantwell, Ms. Snowe, Mr. Lautenberg, Mr. Salazar, Mr. Sununu, Mr. Dorgan, Mr. Obama, Ms. Stabenow, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs November 1, 2007 Reported by Mr. Dodd, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the McKinney-Vento Homeless Assistance Act to reauthorize the Act, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Community Partnership to End Homelessness Act of 2007. (b)
Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. United States Interagency Council on Homelessness. Sec. 4. Housing assistance general provisions. Sec. 5. Emergency homelessness prevention and shelter grants program. Sec. 6. Homeless assistance program. Sec. 7. Rural housing stability assistance. Sec. 8. Funds to prevent homelessness and stabilize housing for precariously housed individuals and families. Sec. 9. Repeals and conforming amendments. Sec. 10. Effective date.
2.
Findings and purpose
Section 102 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301) is amended to read as follows:
102.
Findings and purpose
(a)
Findings
Congress finds that— (1)the United States faces a crisis of individuals and families who lack basic affordable housing and appropriate shelter; (2)assistance from the Federal Government is an important factor in the success of efforts by State and local governments and the private sector to address the problem of homelessness in a comprehensive manner; (3)there are several Federal Government programs to assist persons experiencing homelessness, including programs for individuals with disabilities, veterans, children, and youth; (4)homeless assistance programs must be evaluated on the basis of their effectiveness in reducing homelessness, transitioning individuals and families to permanent housing and stability, and optimizing their self-sufficiency; (5)States and units of general local government receiving Federal block grant and other Federal grant funds must be evaluated on the basis of their effectiveness in— (A)implementing plans to appropriately discharge individuals to and from mainstream service systems; and (B)reducing barriers to participation in mainstream programs, as identified in— (i)a report by the Government Accountability Office entitled Homelessness: Coordination and Evaluation of Programs Are Essential, issued February 26, 1999; or (ii)a report by the Government Accountability Office entitled Homelessness: Barriers to Using Mainstream Programs, issued July 6, 2000; (6)an effective plan for reducing homelessness should provide a comprehensive housing system (including permanent housing and, as needed, transitional housing) that recognizes that, while some individuals and families experiencing homelessness attain economic viability and independence utilizing transitional housing and then permanent housing, others can reenter society directly and optimize self-sufficiency through acquiring permanent housing; (7)supportive housing activities include the provision of permanent housing or transitional housing, and appropriate supportive services, in an environment that can meet the short-term or long-term needs of persons experiencing homelessness as they reintegrate into mainstream society; (8)homeless housing and supportive services programs within a community are most effective when they are developed and operated as part of an inclusive, collaborative, locally driven homeless planning process that involves as decision makers persons experiencing homelessness, advocates for persons experiencing homelessness, service organizations, government officials, business persons, neighborhood advocates, and other community members; (9)homelessness should be treated as a symptom of many neighborhood, community, and system problems, whose remedies require a comprehensive approach integrating all available resources; (10)there are many private sector entities, particularly nonprofit organizations, that have successfully operated outcome-effective homeless programs; (11)Federal homeless assistance should supplement other public and private funding provided by communities for housing and supportive services for low-income households; (12)the Federal Government has a responsibility to establish partnerships with State and local governments and private sector entities to address comprehensively the problems of homelessness; and (13)the results of Federal programs targeted for persons experiencing homelessness have been positive. (b)
Purpose
It is the purpose of this Act— (1)to create a unified and performance-based process for allocating and administering funds under title IV; (2)to encourage comprehensive, collaborative local planning of housing and services programs for persons experiencing homelessness; (3)to focus the resources and efforts of the public and private sectors on ending and preventing homelessness; (4)to provide funds for programs to assist individuals and families in the transition from homelessness, and to prevent homelessness for those vulnerable to homelessness; (5)to consolidate the separate homeless assistance programs carried out under title IV (consisting of the supportive housing program and related innovative programs, the safe havens program, the section 8 assistance program for single-room occupancy dwellings, and the shelter plus care program) into a single program with specific eligible activities; (6)to allow flexibility and creativity in re-thinking solutions to homelessness, including alternative housing strategies, outcome-effective service delivery, and the involvement of persons experiencing homelessness in decision-making regarding opportunities for their long-term stability, growth, well-being, and optimum self-sufficiency; and (7)to ensure that multiple Federal agencies are involved in the provision of housing, health care, human services, employment, and education assistance, as appropriate for the missions of the agencies, to persons experiencing homelessness, through the funding provided for implementation of programs carried out under this Act and other programs targeted for persons experiencing homelessness, and mainstream funding, and to promote coordination among those Federal agencies, including providing funding for a United States Interagency Council on Homelessness to advance such coordination.
.
3.
United States Interagency Council on Homelessness
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended— (1)in section 201 (42 U.S.C. 11311), by striking the period at the end and inserting the following: whose mission shall be to develop and coordinate the implementation of a national strategy to prevent and end homelessness while maximizing the effectiveness of the Federal Government in contributing to an end to homelessness in the United States.; (2)in section 202 (42 U.S.C. 11312)— (A)in subsection (a)— (i)by striking (16) and inserting (19); and (ii)by inserting after paragraph (15) the following: (16)The Commissioner of Social Security, or the designee of the Commissioner. (17)The Attorney General of the United States, or the designee of the Attorney General. (18)The Director of the Office of Management and Budget, or the designee of the Director. ; (B)in subsection (c), by striking annually and inserting 2 times each year; and (C)by adding at the end the following: (e)
Administration
The Assistant to the President for Domestic Policy within the Executive Office of the President shall oversee the functioning of the United States Interagency Council on Homelessness to ensure Federal interagency collaboration and program coordination to focus on preventing and ending homelessness, to increase access to mainstream programs (as identified in a report by the Government Accountability Office entitled Homelessness: Barriers to Using Mainstream Programs, issued July 6, 2000) by persons experiencing homelessness, to eliminate the barriers to participation in those programs, to implement a Federal plan to prevent and end homelessness, and to identify Federal resources that can be expended to prevent and end homelessness. ; (3)in section 203(a) (42 U.S.C. 11313(a))— (A)by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (8), (9), and (10), respectively; (B)by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1)not later than 1 year after the date of enactment of the Community Partnership to End Homelessness Act of 2007, develop and submit to the President and to Congress a National Strategic Plan to End Homelessness; ; (C)in paragraph (5), as redesignated by subparagraph (A), by striking at least 2, but in no case more than 5 and inserting not less than 5, but in no case more than 10; and (D)by inserting after paragraph (5), as redesignated by subparagraph (A), the following: (6)encourage the creation of State Interagency Councils on Homelessness and the formulation of multi-year plans to end homelessness at State, city, and county levels; (7)develop mechanisms to ensure access by persons experiencing homelessness to all Federal, State, and local programs for which the persons are eligible, and to verify collaboration among entities within a community that receive Federal funding under programs targeted for persons experiencing homelessness, and other programs for which persons experiencing homelessness are eligible, including mainstream programs identified by the Government Accountability Office in the 2 reports described in section 102(a)(5)(B); ; and (4)by striking section 208 (42 U.S.C. 11318) and inserting the following:
208.
Authorization of appropriations
There are authorized to be appropriated to carry out this title $3,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009, 2010, 2011, and 2012.
.
4.
Housing assistance general provisions
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended— (1)by striking the subtitle heading and inserting the following: A
General provisions
; (2)by redesignating section 401 (42 U.S.C. 11361) as section 403; (3)by redesignating section 402 (42 U.S.C. 11362) as section 406; (4)by inserting before section 403 (as redesignated in paragraph (2)) the following:
401.
Definitions
In this title, the following definitions shall apply: (1)
Chronically homeless
(A)
In general
The term chronically homeless, used with respect to an individual or family, means an individual or family who— (i)is homeless and lives or resides in a place not meant for human habitation or in an emergency shelter; (ii)has been homeless and living or residing in a place not meant for human habitation or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and (iii)has an adult head of 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)), or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions. (2)
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. (3)
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. (4)
Consolidated Plan
The term Consolidated Plan means a comprehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of Federal Regulations. (5)
Eligible entity
The term eligible entity means, with respect to a subtitle, a public entity, a private entity, or an entity that is a combination of public and private entities, that is eligible to receive directly grant amounts under that subtitle. (6)
Geographic area
The term geographic area means a State, metropolitan city, urban county, town, village, or other nonentitlement area, or a combination or consortia of such, in the United States, as described in section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306). (7)
Homeless individual with a disability
(A)
In general
The term homeless individual with a disability means an individual who is homeless, as defined in section 103, and has a disability that— (i)(I)is expected to be long-continuing or of indefinite duration; (II)substantially impedes the individual’s ability to live independently; (III)could be improved by the provision of more suitable housing conditions; and (IV)is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse; (ii)is a developmental disability, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); or (iii)is the disease of acquired immunodeficiency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome. (B)
Rule
Nothing in clause (iii) of subparagraph (A) shall be construed to limit eligibility under clause (i) or (ii) of subparagraph (A). (8)
Legal entity
The term legal entity means— (A)an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code; (B)an instrumentality of State or local government; or (C)a consortium of instrumentalities of State or local governments that has constituted itself as an entity. (9)
Metropolitan city; urban county; nonentitlement area
The terms metropolitan city, urban county, and nonentitlement area have the meanings given such terms in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)). (10)
New
The term new, used with respect to housing, means housing for which no assistance has been provided under this title. (11)
Operating costs
The term operating costs means expenses incurred by a project sponsor operating 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. (12)
Outpatient health services
The term outpatient health services means outpatient health care services, mental health services, and outpatient substance abuse treatment services. (13)
Permanent housing
The term permanent housing means community-based housing without a designated length of stay, and includes permanent supportive housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult. (14)
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. (15)
Project
The term project, used with respect to activities carried out under subtitle C, means eligible activities described in section 423(a), undertaken pursuant to a specific endeavor, such as serving a particular population or providing a particular resource. (16)
Project-based
The term project-based, used with respect to rental assistance, means assistance provided pursuant to a contract that— (A)is between— (i)a project sponsor; and (ii)an owner of a structure that exists as of the date the contract is entered into; and (B)provides that rental assistance payments shall be made to the owner and that the units in the structure shall be occupied by eligible persons for not less than the term of the contract. (17)
Project sponsor
The term project sponsor, used with respect to proposed eligible activities, means the organization directly responsible for the proposed eligible activities. (18)
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. (19)
Secretary
The term Secretary means the Secretary of Housing and Urban Development. (20)
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. (21)
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. (22)
Supportive services
The term supportive services means the supportive services described in section 425(c). (23)
Tenant-based
The term tenant-based, used with respect to rental assistance, means assistance that allows an eligible person to select a housing unit in which such person will live using rental assistance provided under subtitle C, except that if necessary to assure that the provision of supportive services to a person participating in a program is feasible, a recipient or project sponsor may require that the person live— (A)in a particular structure or unit for not more than the first year of the participation; and (B)within a particular geographic area for the full period of the participation, or the period remaining after the period referred to in subparagraph (A). (24)
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. (25)
Unified funding agency
The term unified funding agency means a collaborative applicant that performs the duties described in section 402(f).
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 (e) and, if applicable, subsection (f). (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)
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 425; 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 for purposes of — (A)collecting unduplicated counts of individuals and families experiencing homelessness; (B)analyzing patterns of use of assistance provided under subtitles B and C for the geographic area involved; and (C)providing information to project sponsors and applicants for needs analyses and funding priorities. (f)
Unified funding
(1)
In general
In addition to the duties described in subsection (e), 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. (g)
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.
; (5)by inserting after section 403 (as redesignated in paragraph (2)) the following:
404.
Technical assistance
(a)
Technical assistance for project sponsors
The Secretary shall make effective technical assistance available to private nonprofit organizations and other nongovernmental entities, States, metropolitan cities, urban counties, and counties that are not urban counties that are potential project sponsors, in order to implement effective planning processes for preventing and ending homelessness, to optimize self-sufficiency among individuals experiencing homelessness, and to improve their capacity to become project sponsors. (b)
Technical assistance for collaborative applicants
The Secretary shall make effective technical assistance available to collaborative applicants— (1)to improve their ability to carry out the duties required under subsections (e) and (f) of section 402; (2)to design and execute outcome-effective strategies for preventing and ending homelessness in their geographic areas consistent with the provisions of this title; and (3)to design and implement a community-wide process for assessing the performance of the applicant and project sponsors in meeting the purposes of this Act. (c)
Reservation
The Secretary may reserve not more than 1 percent of the funds made available for any fiscal year for carrying out subtitles B and C, to make available technical assistance under subsections (a) and (b).
405.
Appeals
(a)
In general
Not later than 3 months after the date of enactment of the Community Partnership to End Homelessness Act of 2007, the Secretary shall establish a timely appeal procedure for grant amounts awarded or denied under this subtitle pursuant to an application for funding. (b)
Process
The Secretary shall ensure that appeals procedure established under subsection (a) permits appeals submitted by— (1)collaborative applicants; (2)entities carrying out homeless housing and services projects (including emergency shelters and homelessness prevention programs); and (3)homeless planning bodies not established as collaborative applicants.
; and (6)by inserting after section 406 (as redesignated in paragraph (2)) the following:
407.
Authorization of appropriations
There are authorized to be appropriated to carry out this title $1,800,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009, 2010, 2011, and 2012.
.
5.
Emergency homelessness prevention and shelter grants program
Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) is amended— (1)by striking the subtitle heading and inserting the following: B
Emergency homelessness prevention and shelter grants program
; (2)by striking section 412 (42 U.S.C. 11372) and inserting the following:
412.
Grant assistance
The Secretary shall make grants to States and local governments (and to private nonprofit organizations providing assistance to persons experiencing homelessness, in the case of grants made with reallocated amounts) for the purpose of carrying out activities described in section 414.
412A.
Amount and allocation of assistance
(a)
In general
Of the amount made available to carry out this subtitle and subtitle C for a fiscal year, the Secretary shall allocate nationally not less than 10 nor more than 15 percent of such amount for activities described in section 414. (b)
Allocation
An entity that receives a grant under section 412, and serves an area that includes 1 or more geographic areas (or portions of such areas) served by collaborative applicants that submit applications under subtitle C, shall allocate the funds made available through the grant to carry out activities described in section 414, in consultation with the collaborative applicants.
; (3)in section 413(b) (42 U.S.C. 11373(b)), by striking amounts appropriated and all that follows through for any and inserting amounts appropriated under section 407 and made available to carry out this subtitle for any; (4)by striking section 414 (42 U.S.C. 11374) and inserting the following:
414.
Eligible activities
Assistance provided under section 412 may be used for the following activities: (1)The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters. (2)The provision of essential services, including services concerned with employment, health, education, family support services for homeless youth, alcohol or drug abuse prevention or treatment, or mental health treatment, if such essential services have not been provided by the local government during any part of the immediately preceding 12-month period, or the use of assistance under this subtitle would complement the provision of those essential services. (3)Maintenance, operation, insurance, provision of utilities, and provision of furnishings. (4)Housing relocation or stabilization services for individuals and families at risk of homelessness, including housing search, mediation or outreach to property owners, legal services, credit repair, providing security or utility deposits, short- or medium-term rental assistance, 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 housing before such individuals and families become homeless.
; (5)by repealing section 417 (42 U.S.C. 11377); and (6)by redesignating section 418 as section 417.
6.
Homeless assistance program
Subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) is amended— (1)by striking the subtitle heading and inserting the following: C
Homeless assistance program
; (2)by striking sections 421 through 424 (42 U.S.C. 11381 et seq.) and inserting the following:
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 identified by the Government Accountability Office in the 2 reports described in section 102(a)(5)(B) and programs funded with State or local resources; and (4)to optimize self-sufficiency among individuals and families experiencing homelessness.
422.
Community homeless assistance program
(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 enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for the fiscal year. (c)
Applications
(1)
Submission to the Secretary
To 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— (A)such information as the Secretary determines necessary— (i)to determine compliance with the program requirements and selection criteria under this subtitle; and (ii)to establish priorities for funding projects in the geographic area. (2)
Announcement of awards
The Secretary shall announce, within 4 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year. (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 of a grant announced under such subsection shall, with respect to a project to be funded through such grant, meet, or cause the project sponsor to meet, all requirements for the obligation of funds for such project, including site control, matching funds, and environmental review requirements, except as provided in subparagraph (C). (B)
Acquisition, rehabilitation, or construction
Not later than 15 months after the announcement referred to in subsection (c)(2), each recipient of a grant announced under such subsection seeking the obligation of funds for acquisition of housing, rehabilitation of housing, or construction of new housing for a grant announced under such subsection 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 of a grant announced under subsection (c)(2) shall meet or cause a project sponsor to 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, or completing the technical submission requirements for the project. (2)
Obligation
Not later than 45 days after a recipient meets or causes a project sponsor to meet the requirements described in paragraph (1), the Secretary shall obligate the funds for the grant involved. (3)
Distribution
A unified funding agency that receives funds through a grant under this section— (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 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 or rental assistance for permanent housing, the Secretary shall take into account increases in the fair market rents for modest rental property in the geographic area. (g)
More than 1 application for a geographic area
If more than 1 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.
423.
Eligible activities
(a)
In general
The Secretary may award grants to project sponsors under section 422 to carry out homeless assistance projects that consist of 1 or more of the following eligible activities: (1)Construction of new housing units to provide transitional or permanent housing to homeless individuals and families. (2)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. (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 to homeless individuals and families, or providing supportive services to homeless individuals and families. (4)Provision of rental assistance to provide transitional or permanent housing to homeless individuals and families. The rental assistance may include tenant-based or project-based rental assistance. (5)Payment of operating costs for housing units assisted under this subtitle. (6)Provision of supportive services to homeless individuals and families, or individuals and families who in the prior 6 months have been homeless but are currently residing in permanent 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(e)(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(e), 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, in addition to funds used under paragraph (10). (11)In the case of a collaborative applicant that is a unified funding agency under section 402(f), 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 5 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 collaborative applicant or unified funding agency involved to carry out instead a project for the direct benefit of low-income persons, and the collaborative applicant or unified funding agency determines that the initial project is no longer needed to provide transitional or permanent housing, the collaborative applicant or unified funding agency may recommend that the Secretary approve the project described in the request and authorize the recipient or project sponsor to carry out that project. If the collaborative applicant or unified funding agency is the recipient or project sponsor, it shall submit such a request directly to the Secretary who shall determine if the conversion of the project is appropriate. (d)
Repayment of assistance and prevention of undue benefits
(1)
Repayment
If a recipient (or a project sponsor receiving funds from the recipient) receives assistance under section 422 to carry out a project that consists of activities described in paragraph (1) or (2) of subsection (a) and the project ceases to provide transitional or permanent housing— (A)earlier than 10 years after operation of the project begins, the Secretary shall require the recipient (or the project sponsor receiving funds from the recipient) to repay 100 percent of the assistance; or (B)not earlier than 10 years, but earlier than 15 years, after operation of the project begins, the Secretary shall require the recipient (or the project sponsor receiving funds from the recipient) to repay 20 percent of the assistance for each of the years in the 15-year period for which the project fails to provide that housing. (2)
Prevention of undue benefits
Except as provided in paragraph (3), if any property is used for a project that receives assistance under subsection (a) and consists of activities described in paragraph (1) or (2) of subsection (a), and the sale or other disposition of the property occurs before the expiration of the 15-year period beginning on the date that operation of the project begins, the recipient (or the project sponsor receiving funds from the recipient) who received the assistance shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient (or a project sponsor receiving funds from the recipient) from unduly benefitting from such sale or disposition. (3)
Exception
A recipient (or a project sponsor receiving funds from the recipient) shall not be required to make the repayments, and comply with the terms and conditions, required under paragraph (1) or (2) if— (A)the sale or disposition of the property used for the project results in the use of the property for the direct benefit of very low-income persons; (B)all of the proceeds of the sale or disposition are used to provide transitional or permanent housing meeting the requirements of this subtitle; or (C)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 under section 1004.
424.
Flexibility 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 date of enactment of this section, the Secretary shall designate not more than 10 collaborative applicants as high-performing communities. (4)
Excess of qualified applicants
In the event that during the 2-year period described under paragraph (2) more than 10 collaborative applicants could qualify to be designated as high-performing communities, the Secretary shall designate the 10 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 To be a high-performing community
(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
(1)
By project sponsors in a high-performing community
Funds awarded under section 422(a) to a project sponsor who is located in a high-performing community may be used— (A)for any of the eligible activities described in section 423; or (B)for any of the eligible activities described in section 1003. (2)
Community homelessness prevention funds
(A)
In general
Funds used for activities that are eligible under section 1003 but not under section 423 shall be subject to— (i)the matching requirements of section 1008 rather than section 430; and (ii)the other program requirements of title X rather than of this subtitle. (B)
Duty of Secretary
The Secretary shall transfer any funds awarded under section 422(a) for activities that are eligible under section 1003 but not under section 423 from the account for this subtitle to the account for title X. (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 of the following 4 requirements are met for that geographic area: (1)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)Of individuals and families— (A)who leave homelessness, less 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 1/5 within the preceding year. (3)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)If recipients in the geographic area have used funding awarded under section 422(a) for eligible activities described under section 1003 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. (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.
; (3)in section 426 (42 U.S.C. 11386)— (A)by striking subsection (a) 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 receiving funds from the recipient) 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)by striking subsection (b) and inserting the following: (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)they will provide data and reports as required by the Secretary pursuant to the Act; and (E)if the project includes the provision of permanent housing to people with disabilities, the housing will be provided for not more than— (i)8 such persons in a single structure or contiguous structures; (ii)16 such persons, but only if not more than 20 percent of the units in a structure are designated for such persons; or (iii)more than 16 such persons if the applicant demonstrates that local market conditions dictate the development of a large project and such development will achieve the neighborhood integration objectives of the program within the context of the affected community; (5)if a collaborative applicant is a unified funding agency under section 402(f) and receives funds under subtitle C to carry out the payment of administrative costs described in section 423(a)(7), to establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, such funds in order to ensure that all financial transactions carried out with such funds are conducted, and records maintained, in accordance with generally accepted accounting principles; (6)to monitor and report to the Secretary the provision of matching funds as required by section 430; and (7)to comply with such other terms and conditions as the Secretary may establish to carry out this subtitle in an effective and efficient manner. ; (C)by redesignating subsection (d) as subsection (c); (D)in subsection (c) (as redesignated in subparagraph (C)), in the first sentence, by striking recipient and inserting recipient or project sponsor; (E)by striking subsection (e); (F)by redesignating subsections (f), (g), and (h), as subsections (d), (e), and (f), respectively; (G)in subsection (e) (as redesignated in subparagraph (F)), in the first sentence, by striking recipient each place it appears and inserting recipient or project sponsor; (H)by striking subsection (i); and (I)by redesignating subsection (j) as subsection (g); (4)by repealing section 429 (42 U.S.C. 11389); (5)by redesignating sections 427 and 428 (42 U.S.C. 11387, 11388) as sections 431 and 432, respectively; and (6)by inserting after section 426 the following:
427.
Selection criteria
(a)
In general
The Secretary shall award funds to recipients by 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, 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 all 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; and (vii)other accomplishments by the recipient related to reducing homelessness; (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; and (iii)the extent to which the recipient will— (I)address the needs of all relevant subpopulations, including— (aa)individuals with serious mental illness, addiction disorders, HIV/AIDS and other prevalent disabilities; (bb)families with children; (cc)unaccompanied youth; (dd)veterans; and (ee)other subpopulations with a risk of becoming homeless; (II)incorporate all necessary 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; (VI)identify an individual or body responsible for overseeing implementation of specific strategies; (VII)include a review of local policies and practices relating to discharge planning from institutions, access to benefits and services from mainstream government programs, and zoning and land use, to determine whether such local policies and practices aggravate or ameliorate homelessness in the geographic area; (VIII)include interventions that will help reunify families that have been split up as a result of homelessness; and (IX)incorporate the findings and recommendations of the most recently completed annual assessments, conducted pursuant to section 2034 of title 38, United States Code, of the Department of Veterans Affairs medical centers or regional benefits offices whose service areas include the geographic area of the recipient; (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)includes evaluations obtained directly from the individuals and families served by the project; (iii)evaluates whether the population served by the project matches the priority population for that project; (iv)is based on objective criteria that have been publicly announced by the recipient; (v)is open to proposals from entities that have not previously received funds under this subtitle; and (vi)avoids conflicts of interest in the decision-making of the recipient; (D)the extent to which the recipient has a comprehensive understanding of the extent and nature of homelessness in the geographic area and efforts needed to combat the problem of homelessness in the geographic area; (E)the need for the types of projects proposed in the geographic area to be served and the extent to which the prioritized programs of the recipient meet such unmet needs; (F)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 2 reports described in section 102(a)(5)(B); (G)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, to the extent practicable; (H)the degree to which homeless individuals and families in the geographic area, including members of all relevant subpopulations listed in subparagraph (B)(III)(I), are able to access— (i)public benefits and services for which they are eligible, besides the services funded under this subtitle, including public schools; and (ii)the benefits and services provided by the Department of Veterans Affairs; (I)the extent to which the opinions and views of the full range of people in the geographic area are considered, including— (i)homeless individuals and families, individuals and families at risk of homelessness, and individuals and families who have experienced homelessness; (ii)individuals associated with community-based organizations that serve homeless individuals and families and individuals and families at risk of homelessness; (iii)persons who act as advocates for the diverse subpopulations of individuals and families experiencing or at risk of homelessness; (iv)relatives of individuals and families experiencing or at risk of homelessness; (v)Federal, State, and local government agency officials, particularly those officials responsible for administering funding under programs targeted for individuals and families experiencing homelessness, and other programs for which individuals and families experiencing homelessness are eligible, including mainstream programs identified by the Government Accountability Office in the 2 reports described in section 102(a)(5)(B); (vi)local educational agency liaisons designated under section 722(g)(1)(J)(ii), or their designees; (vii)members of the business community; (viii)members of neighborhood advocacy organizations; and (ix)members of philanthropic organizations that contribute to preventing and ending homelessness in the geographic area of the collaborative applicant; and (J)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 subsection (a) 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 grants under section 422(b), of the pro rata estimated need amount under this subtitle for the geographic area represented by the collaborative applicant. (B)
Amount
(i)
Basis
The estimated need amount under subparagraph (A) shall be based on a percentage of the total funds available, or estimated to be available, to carry out this subtitle for any fiscal year that is equal to the percentage of the total amount available for section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306) for the prior fiscal year that— (I)was allocated to all metropolitan cities and urban counties within the geographic area represented by the collaborative applicant; or (II)would have been distributed to all counties within such geographic area that are not urban counties, if the 30 percent portion of the allocation to the State involved (as described in subsection (d)(1) of that section 106) for that year had been distributed among the counties that are not urban counties in the State in accordance with the formula specified in that subsection (with references in that subsection to nonentitlement areas considered to be references to those counties). (ii)
Rule
In computing the estimated need amount under subparagraph (A), the Secretary shall adjust the estimated need amount determined pursuant to clause (i) to ensure that— (I)75 percent of the total funds available, or estimated to be available, to carry out this subtitle for any fiscal year are allocated to the metropolitan cities and urban counties that received a direct allocation of funds under section 413 for the prior fiscal year; and (II)25 percent of the total funds available, or estimated to be available, to carry out this subtitle for any fiscal year are allocated— (aa)to the metropolitan cities and urban counties that did not receive a direct allocation of funds under section 413 for the prior fiscal year; and (bb)to counties that are not urban counties. (iii)
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. (iv)
Authority of Secretary
The Secretary may increase the estimated need amount for a geographic area if necessary to provide 1 year of renewal funding for all expiring contracts entered into under this subtitle for the geographic area.
428.
Allocation 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 for that fiscal year shall be used for permanent housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult. (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)
Minimum allocation 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)
Funding for acquisition, construction, and rehabilitation of permanent or transitional housing
Nothing in this subtitle shall be construed to establish a limit on the amount of funding that an applicant may request under this subtitle for acquisition, construction, or rehabilitation activities for the development of permanent housing or transitional housing. (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 or reducing homelessness for a specific subpopulation. (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 or reducing homelessness for a specific subpopulation. (e)
Incentives for successful implementation of proven strategies
(1)
In general
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 section 1003 for homeless people generally or for the relevant subpopulation. (2)
Use of funds
Bonus or incentive funds awarded under this subsection that are used for activities that are eligible under section 1003 but not under section 423 shall be subject to— (A)the matching requirements of section 1008 rather than section 430; and (B)the other program requirements of title X rather than of this subtitle. (3)
Duty of Secretary
The Secretary shall transfer any bonus or incentive funds awarded under this subsection for activities that are eligible under section 1003 but not under section 423 from the account for this subtitle to the account for title X.
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 for a 1-year term for rental assistance and housing operation costs associated with permanent housing projects funded under this subtitle, or under subtitle C or F (as in effect on the day before the date of enactment of the Community Partnership to End Homelessness Act of 2007). 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.
430.
Matching funding
(a)
In general
A collaborative applicant in a geographic area in which funds are awarded under this subtitle shall specify contributions 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. (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.
.
7.
Rural housing stability assistance
Subtitle D of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11408 et seq.), as redesignated by section 9, is amended— (1)by striking the subtitle heading and inserting the following: D
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 and title X 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; (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; (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, or providing supportive services to homeless individuals and families; (G)provision of rental assistance to provide transitional or permanent housing to homeless individuals and families, 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 that shall be made available in an amount equal to not less than 25 percent of the funds provided for the project or activity. (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), 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 inserting in the worst housing situations after homelessness; and (iii)in paragraph (2), by inserting in the worst housing situations after homelessness; (I)in subsection (k)(1), by striking rural homelessness grant program and inserting rural housing stability grant program; (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 both section 427(b)(2) and section 1003(h) 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 the grant program under section 1002 and consolidate such transferred amounts 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 and title X, 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 and title X. (2)
Default if no agreement
If no agreement is reached under paragraph (1), the Secretary shall proceed under this subtitle, or under subtitle C and title X, depending on which results in the largest total grant funding to the geographic area. .
8.
Funds to prevent homelessness and stabilize housing for precariously housed individuals and families
The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended by inserting after title IX the following: <enum>X</enum><header>Preventing homelessness and stabilizing housing for precariously housed individuals and families</header> <section id="id55706B0E113B424CA30DA54C51B7FE2E"><enum>1001.</enum><header>Purposes</header><text display-inline="no-display-inline">The purposes of this title are—</text> <paragraph id="IDa0ba43e548a34b12af146db555fea420"><enum>(1)</enum><text>to assist local communities to stabilize the housing of individuals and families who are most at risk of homelessness; and</text> </paragraph><paragraph id="IDf3cbb34b0d1744dc9431a1f665f24ddf"><enum>(2)</enum><text>to improve the ability of publicly funded institutions to avoid homelessness among individuals and families leaving the institutions.</text> </paragraph></section><section id="idAC1AAAB8119B460C9DDA46765DDC0E5A"><enum>1002.</enum><header>Community homelessness prevention and housing stability</header> <subsection id="idB0B515A4BF514C8599B264DF39D3CE87"><enum>(a)</enum><header>Projects</header><text>The Secretary shall award grants to recipients, on a competitive basis using the selection criteria described in section 1006, to carry out eligible activities under this title, for projects that meet the program requirements established under section 1005.</text> </subsection><subsection id="id4926ABAEE900451D859DE8185F82F09F"><enum>(b)</enum><header>Notification of funding availability</header><text>The Secretary shall release a Notification of Funding Availability for grants awarded under this title for a fiscal year not later than 3 months after the date of enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for the fiscal year.</text> </subsection><subsection id="id6BBA0E2537C340948BC25048EE090BDD"><enum>(c)</enum><header>Collaborative applicant</header> <paragraph id="idA53DE70944A948F0B9515150BB4B440F"><enum>(1)</enum><header>In general</header><text>A collaborative applicant, as such term is defined in section 401, shall for purposes of this title have the same responsibilities as set forth under section 402.</text> </paragraph><paragraph id="id33E63BA65DF1425C9A30347E7579761F"><enum>(2)</enum><header>Dual role encouraged</header><text>The Secretary shall encourage the same entity which serves as a collaborative applicant for purposes of subtitle C of title IV to serve as a collaborative applicant for purposes of this title.</text> </paragraph></subsection><subsection id="id3F82D1D2A65D4CDD84AC3DB8BC0C5C6A"><enum>(d)</enum><header>Applications</header> <paragraph id="id2E143E98F4C24FE8A8A55E081ECB57CD"><enum>(1)</enum><header>Submission to the secretary</header><text>A collaborative applicant 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 to determine if the applicant is in compliance with—</text> <subparagraph id="id89991F44AEF443099FE9923EF194C4D7"><enum>(A)</enum><text>program requirements established under section 1005;</text> </subparagraph><subparagraph id="idF85C5B929F704317ADF2FADB8A250FE9"><enum>(B)</enum><text>the selection criteria described in section 1006; and</text> </subparagraph><subparagraph id="id7ED3511DFEFE4DDF83364C60A26210BD"><enum>(C)</enum><text>the priorities for funding projects in the geographic area under this title.</text> </subparagraph></paragraph><paragraph id="id5600DDEE4E684D29B488EF64264371B5"><enum>(2)</enum><header>Coordination with community homeless assistance program</header><text>The Secretary shall, to the maximum extent feasible, coordinate the application process under this section with the application processes for programs under subtitles B and C of title IV.</text> </paragraph><paragraph id="id46F72C613A634D3DAC6D0EF1A4DD5ACF"><enum>(3)</enum><header>Announcement of awards</header><text>The Secretary shall announce, within 4 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year.</text> </paragraph></subsection><subsection id="id01B3135F2B0043FD9821B05411FF05C4"><enum>(e)</enum><header>Renewal funding for unsuccessful applicants</header><text>The Secretary may renew funding for a specific project previously funded under this title that the Secretary determines is effective at preventing homelessness, and was included as part of a total application that met the criteria of subsection (d)(1), 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.</text> </subsection><subsection id="id7133D814762146228CC7B98DA7AE7152"><enum>(f)</enum><header>More than 1 application for a geographic area</header><text>If more than 1 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 1006.</text> </subsection></section><section id="idFC80A46A52A4415291AC202474A74112"><enum>1003.</enum><header>Eligible activities</header><text display-inline="no-display-inline">The Secretary may award grants to qualified recipients under section 1002 to carry out homeless prevention projects that consist of 1 or more of the following eligible activities:</text> <paragraph id="ID16dc1c282f71421ea52337b1bf2b0e46"><enum>(1)</enum><text>Leasing of property, or portions of property, not owned by the recipient involved, for use in providing short-term or medium-term housing to people at risk of homelessness, or providing supportive services to people at risk of homelessness.</text> </paragraph><paragraph id="ID19aefcb19f3a4fe085c719fbb637f5f4"><enum>(2)</enum><text>Provision of rental assistance to provide short-term or medium-term housing to people at risk of homelessness. The rental assistance may include tenant-based or project-based rental assistance.</text> </paragraph><paragraph id="IDbd1e0d3bce5b418ba99e84180b31e94c"><enum>(3)</enum><text>Payment of operating costs for housing units assisted under this title.</text> </paragraph><paragraph id="ID3d17a759a2624e23a1a71e052f6db8a5"><enum>(4)</enum><text>Supportive services for people at risk of homelessness.</text> </paragraph><paragraph id="IDa129282ae27546d3a157873f10f0ca34"><enum>(5)</enum><text>Housing relocation or stabilization services, including housing search, mediation or outreach to property owners, legal services, credit repair, providing security or utility deposits, rental assistance for a final month at a location, assistance with moving costs, or other activities that are effective at stabilizing individuals and families in their current housing or quickly moving them to other housing.</text> </paragraph><paragraph id="IDf05ae3a216f441dea93ab59026659f8a"><enum>(6)</enum><text>In the case of a collaborative applicant that is a legal entity payment of administrative costs related to meeting the requirements of section 1002(c), 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.</text> </paragraph><paragraph id="IDdf00f89c0a1944449bdd7e511b497927"><enum>(7)</enum><text>In the case of a collaborative applicant that is a unified funding agency, as such term is defined under section 402, payment of administrative costs related to meeting the requirements of serving as such an agency, for which the collaborative applicant may use not more than 3 percent of the total funds made available in the geographic area under this title.</text> </paragraph></section><section id="idEA0275B3D59D4617BB4D0C50113320D7"><enum>1004.</enum><header>Eligible clients for funded projects</header> <subsection id="idA767E6A8878A4C79AC8A7600DB66D290"><enum>(a)</enum><header>Rule of construction</header><text display-inline="yes-display-inline">For purposes of this title, <quote>individuals and families at risk of homelessness</quote> means individuals and families who meet all of the following criteria:</text> <paragraph id="IDd1550f1ec57d4971823475f9842f55c5"><enum>(1)</enum><text>Have incomes below 20 percent of the median for the geographic area, adjusted for household size.</text> </paragraph><paragraph id="ID222cc565a8d64724960444f41234557d"><enum>(2)</enum><text>Have moved frequently due to economic reasons, are living in the home of another due to economic hardship, have been notified that their right to occupy their current housing or living situation will be terminated, live in severely overcrowded housing, or otherwise live in housing that has characteristics associated with instability and increased risk of homelessness as determined by the Secretary.</text> </paragraph><paragraph id="ID1d56d355f36041c48fc88d5af045a067"><enum>(3)</enum><text>Have insufficient resources immediately available to attain housing stability.</text> </paragraph></subsection><subsection id="idFDA5785AE15B48F8858B8458293BD7FD"><enum>(b)</enum><header>Waiver authority</header><text>The Secretary my waive any of the criteria described in subsection (a) in a geographic area upon a finding that all individuals and families who meet such criteria in the geographic area will be served under this title, and that individuals and families in the geographic area who do not meet the criteria described in subsection (a) remain at risk of homelessness.</text> </subsection></section><section id="id99CB0B98808F4401882C849D84382748"><enum>1005.</enum><header>Program requirements</header><text display-inline="no-display-inline">The program requirements set forth under section 426 shall apply to projects funded under this title.</text> </section><section id="idD4DB927AEA0D4CFBA9C5F1F33336C85D"><enum>1006.</enum><header>Selection criteria</header> <subsection id="idEC9CEEDA1CCC457689C3E58C88A6B180"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">The Secretary shall award funds to recipients by a national competition based on criteria established by the Secretary.</text> </subsection><subsection id="id4B42B46DAA204DBCA0F55EEF377A32C9"><enum>(b)</enum><header>Required criteria</header><text display-inline="yes-display-inline">The criteria established under subsection (a) shall include—</text> <paragraph id="ID39dbe008f6184b14990c882721d9944e"><enum>(1)</enum><text>the previous performance of the recipient regarding stabilizing housing and preventing homelessness, measured by criteria that shall be announced by the Secretary, that shall take into account barriers faced by individuals and families at risk of homelessness;</text> </paragraph><paragraph id="idC55044B35B5F4045B3505538F804FE51"><enum>(2)</enum><text>the plan of the recipient, which shall describe—</text> <subparagraph id="id0575D20233884D639C02DAF68887355C"><enum>(A)</enum><text>how the number of individuals and families who become homeless will be reduced in the community; and</text> </subparagraph><subparagraph id="id70A5E3B0DF9B47E699892ACE1608E5B3"><enum>(B)</enum><text>how the length of time that individuals and families remain homeless will be reduced;</text> </subparagraph></paragraph><paragraph id="id4472E7F52A714217B4CEBA54EC0AEBEB"><enum>(3)</enum><text>all of the criteria established under section 427(b)(1)(B)(iii);</text> </paragraph><paragraph id="ID1af9635e61a24984bf5adb136cb233b9"><enum>(4)</enum><text>the methodology used by the recipient to determine the priority for funding local projects under section 1002(d)(1), including use of the same methodology used in section 427(b)(1)(C);</text> </paragraph><paragraph id="IDfad2206c160c47909f7a35f713faa613"><enum>(5)</enum><text>the degree to which services are to be provided by the recipient to those individuals and families most at risk of homelessness; and</text> </paragraph><paragraph id="id78AE013A716C4829A8AA8F561EAA739E"><enum>(6)</enum><text>all of the criteria established under—</text> <subparagraph id="idA919362A5ADE44248432F9B60C89A34D"><enum>(A)</enum><text>subparagraphs (D) through (J) of subsection (b)(1) of section 427; and</text> </subparagraph><subparagraph id="id5A4C9170DB3247D389A7140488F81CBB"><enum>(B)</enum><text>subsection (b)(2) of section 427.</text> </subparagraph></paragraph></subsection></section><section id="idF39C4B8620024F91A0DF9E6C3DCA717B"><enum>1007.</enum><header>Eligible grant recipients</header><text display-inline="no-display-inline">The Secretary may make grants under this title to States, local governments, or nonprofit corporations.</text> </section><section id="idD176FE68DF004AD1A6A57CF41770F3CB"><enum>1008.</enum><header>Matching requirement</header> <subsection id="idC3FB95EEBC324275A0F9567D01B7601E"><enum>(a)</enum><header>In general</header><text>A collaborative applicant in a geographic area in which funds are awarded under this title shall specify contributions that shall be made available in that geographic area, in an amount equal to not less than 25 percent of the Federal funds provided under the grant, except that when services are provided to individuals and families who are or were within the past 2 years residents of institutions or systems of care funded, in whole or in part, by State or local government, including prison, jail, child welfare, and hospitals (including mental hospitals), for periods exceeding 2 years, then the collaborative applicant shall specify contributions that shall be made available in an amount equal to not less than 60 percent of the Federal funds provided under the grant.</text> </subsection><subsection id="id03519AC9F93243B9A943D5850B9D5368"><enum>(b)</enum><header>Limitations on in-kind match</header><text>The cash value of services provided to the residents or clients of a recipient of a grant under this title by an entity other than the recipient may count toward the contributions in subsection (a) only when documented by a memorandum of understanding between the recipient and the other entity that such services will be provided.</text> </subsection><subsection id="id8B4C2D5ADEF042C1A1ED4E2657DBB5D0"><enum>(c)</enum><header>Countable activities</header><text>– The contributions required under subsection (a) may consist of—</text> <paragraph id="idBB96F84A8CE94E7296BA98B9991D3E6E"><enum>(1)</enum><text>funding for any eligible activity described under section 423 or section 1003; and</text> </paragraph><paragraph id="id852DE4B8623C4C8EAD1A79EA85948A2D"><enum>(2)</enum><text>subject to subsection (b), in-kind provision of services of any eligible activity described under section 423 or section 1003.</text> </paragraph></subsection></section><section id="id7421044B71B040E5A8174983C5F0F2D4"><enum>1009.</enum><header>Regulations</header><text display-inline="no-display-inline">The Secretary shall promulgate regulations to carry out this title.</text> </section><section id="id334D2018515F4520B012BC8DE8DF06AF"><enum>1010.</enum><header>Report to Congress</header><text display-inline="no-display-inline">Not later than 1 year after the date of enactment of the <short-title>Community Partnership to End Homelessness Act of 2007</short-title>, the Secretary shall report to Congress on the accomplishments of the program in this title.</text> </section><section id="id1276C4B08CE24718ADCC6AA9C7DC7B09"><enum>1011.</enum><header>Authorization of appropriations</header><text display-inline="no-display-inline">There are authorized to be appropriated to carry out this title $250,000,000 for fiscal year 2008, and such sums as may be necessary for fiscal years 2009, 2010, 2011, and 2012.</text> </section>.
9.
Repeals and conforming amendments
(a)
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 repealed. (b)
Conforming amendment
Subtitle G of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11408 et seq.) is amended by redesignating subtitle G as subtitle D.
10.
Effective date
This Act shall take effect 6 months after the date of enactment of this Act.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Community Partnership to End Homelessness Act of 2007. (b)
Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. General definition of homeless individual. Sec. 4. United States Interagency Council on Homelessness. Sec. 5. Housing assistance general provisions. Sec. 6. Emergency solutions grants program. Sec. 7. Homeless assistance program. Sec. 8. Rural housing stability assistance. Sec. 9. Research. Sec. 10. Repeals and conforming amendments. Sec. 11. Special assistant for veterans affairs in office of Secretary of Housing and Urban Development. Sec. 12. Effective date.
2.
Findings and purpose
Section 102 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301) is amended to read as follows:
102.
Findings and purpose
(a)
Findings
Congress finds that— (1)the United States faces a crisis of individuals and families who lack basic affordable housing and appropriate shelter; (2)assistance from the Federal Government is an important factor in the success of efforts by State and local governments and the private sector to address the problem of homelessness in a comprehensive manner; (3)there are several Federal Government programs to assist persons experiencing homelessness, including programs for individuals with disabilities, veterans, children, and youth; (4)homeless assistance programs must be evaluated on the basis of their effectiveness in reducing homelessness, transitioning individuals and families to permanent housing and stability, and optimizing their self-sufficiency; (5)States and units of general local government receiving Federal block grant and other Federal grant funds must be evaluated on the basis of their effectiveness in— (A)implementing plans to appropriately discharge individuals to and from mainstream service systems; and (B)reducing barriers to participation in mainstream programs, as identified in— (i)a report by the Government Accountability Office entitled Homelessness: Coordination and Evaluation of Programs Are Essential, issued February 26, 1999; or (ii)a report by the Government Accountability Office entitled Homelessness: Barriers to Using Mainstream Programs, issued July 6, 2000; (6)an effective plan for reducing homelessness should provide a comprehensive housing system (including permanent housing and, as needed, transitional housing) that recognizes that, while some individuals and families experiencing homelessness attain economic viability and independence utilizing transitional housing and then permanent housing, others can reenter society directly and optimize self-sufficiency through acquiring permanent housing; (7)supportive housing activities include the provision of permanent housing or transitional housing, and appropriate supportive services, in an environment that can meet the short-term or long-term needs of persons experiencing homelessness as they reintegrate into mainstream society; (8)homeless housing and supportive services programs within a community are most effective when they are developed and operated as part of an inclusive, collaborative, locally driven homeless planning process that involves as decision makers persons experiencing homelessness, advocates for persons experiencing homelessness, service organizations, government officials, business persons, neighborhood advocates, and other community members; (9)homelessness should be treated as a symptom of many neighborhood, community, and system problems, whose remedies require a comprehensive approach integrating all available resources; (10)there are many private sector entities, particularly nonprofit organizations, that have successfully operated outcome-effective homeless programs; (11)Federal homeless assistance should supplement other public and private funding provided by communities for housing and supportive services for low-income households; (12)the Federal Government has a responsibility to establish partnerships with State and local governments and private sector entities to address comprehensively the problems of homelessness; and (13)the results of Federal programs targeted for persons experiencing homelessness have been positive. (b)
Purpose
It is the purpose of this Act— (1)to create a unified and performance-based process for allocating and administering funds under title IV; (2)to encourage comprehensive, collaborative local planning of housing and services programs for persons experiencing homelessness; (3)to focus the resources and efforts of the public and private sectors on ending and preventing homelessness; (4)to provide funds for programs to assist individuals and families in the transition from homelessness, and to prevent homelessness for those vulnerable to homelessness; (5)to consolidate the separate homeless assistance programs carried out under title IV (consisting of the supportive housing program and related innovative programs, the safe havens program, the section 8 assistance program for single-room occupancy dwellings, and the shelter plus care program) into a single program with specific eligible activities; (6)to allow flexibility and creativity in re-thinking solutions to homelessness, including alternative housing strategies, outcome-effective service delivery, and the involvement of persons experiencing homelessness in decision-making regarding opportunities for their long-term stability, growth, well-being, and optimum self-sufficiency; and (7)to ensure that multiple Federal agencies are involved in the provision of housing, health care, human services, employment, and education assistance, as appropriate for the missions of the agencies, to persons experiencing homelessness, through the funding provided for implementation of programs carried out under this Act and other programs targeted for persons experiencing homelessness, and mainstream funding, and to promote coordination among those Federal agencies, including providing funding for a United States Interagency Council on Homelessness to advance such coordination.
.
3.
General definition of homeless individual
Section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)) is amended— (1)in the matter preceding paragraph (1), by striking or homeless individual or homeless person includes and inserting , homeless individual, or homeless person includes; (2)in paragraph (1), by striking ; and and inserting a semicolon; (3)in paragraph (2)— (A)in subparagraph (A)— (i)by striking welfare hotels and inserting hotels or motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations; and (ii)by striking for the mentally ill; and (B)in subparagraph (C), by striking the period and inserting , including a campground;; and (4)by adding at the end the following: (3)an individual or family who— (A)has a primary nighttime residence that is owned or leased by another person because the individual or family lacks the resources necessary to rent a decent and safe housing unit; (B)has been notified by the owner or renter of the residence described in subparagraph (A) that the individual or family may stay for only a short period of time; (C)has changed primary residences— (i)3 or more times in the past year; or (ii)2 or more times in the past 21 days; and (D)is unable to make a significant financial contribution to the housing costs of the owner or renter of the residence described in subparagraph (A); and (4)an individual or family who— (A)has a primary nighttime residence that is a room in a hotel or motel because the individual or family lacks the resources necessary to rent a decent and safe housing unit; (B)lacks the resources to pay for the hotel or motel room for more than a short period of time; and (C)has changed primary residences— (i)3 or more times in the past year; or (ii)2 or more times in the past 21 days. .
4.
United States Interagency Council on Homelessness
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended— (1)in section 201 (42 U.S.C. 11311), by striking the period at the end and inserting the following: whose mission shall be to develop and coordinate the implementation of a national strategy to prevent and end homelessness while maximizing the effectiveness of the Federal Government in contributing to an end to homelessness in the United States.; (2)in section 202 (42 U.S.C. 11312)— (A)in subsection (a)— (i)by striking (16) and inserting (19); and (ii)by inserting after paragraph (15) the following: (16)The Commissioner of Social Security, or the designee of the Commissioner. (17)The Attorney General of the United States, or the designee of the Attorney General. (18)The Director of the Office of Management and Budget, or the designee of the Director. ; (B)in subsection (c), by striking annually and inserting 2 times each year; and (C)by adding at the end the following: (e)
Administration
The 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), (8), (9), and (10), respectively; (B)by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1)not later than 1 year after the date of enactment of the Community Partnership to End Homelessness Act of 2007, develop and submit to the President and to Congress a National Strategic Plan to End Homelessness; ; (C)in paragraph (5), as redesignated by subparagraph (A), by striking at least 2, but in no case more than 5 and inserting not less than 5, but in no case more than 10; and (D)by inserting after paragraph (5), as redesignated by subparagraph (A), the following: (6)encourage the creation of State Interagency Councils on Homelessness and the formulation of multi-year plans to end homelessness at State, city, and county levels; (7)develop mechanisms to ensure access by persons experiencing homelessness to all Federal, State, and local programs for which the persons are eligible, and to verify collaboration among entities within a community that receive Federal funding under programs targeted for persons experiencing homelessness, and other programs for which persons experiencing homelessness are eligible, including mainstream programs identified by the Government Accountability Office in the 2 reports described in section 102(a)(5)(B); ; and (4)by striking section 208 (42 U.S.C. 11318) and inserting the following:
208.
Authorization of appropriations
There are authorized to be appropriated to carry out this title $3,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009, 2010, 2011, and 2012.
.
5.
Housing assistance general provisions
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended— (1)by striking the subtitle heading and inserting the following: A
General provisions
; (2)by redesignating section 401 (42 U.S.C. 11361) as section 403; (3)by redesignating section 402 (42 U.S.C. 11362) as section 407; (4)by inserting before section 403 (as redesignated in paragraph (2)) the following:
401.
Definitions
In this title, the following definitions shall apply: (1)
At risk of homelessness
The term at risk of homelessness used with respect to an individual or family means an individual or family who— (A)has income below 20 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; or (vi)otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. (2)
Chronically homeless
(A)
In general
The term chronically homeless, used with respect to an individual or family, means an individual or family who— (i)is homeless 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 4 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 2 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 receive directly grant amounts under that subtitle. (7)
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). (8)
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). (9)
Legal entity
The term legal entity means— (A)an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code; (B)an instrumentality of State or local government; or (C)a consortium of instrumentalities of State or local governments that has constituted itself as an entity. (10)
Metropolitan city; urban county; nonentitlement area
The terms metropolitan city, urban county, and nonentitlement area have the meanings given such terms in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)). (11)
New
The term new, used with respect to housing, means housing for which no assistance has been provided under this title. (12)
Operating costs
The term operating costs means expenses incurred by a 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. (13)
Outpatient health services
The term outpatient health services means outpatient health care services, mental health services, and outpatient substance abuse treatment services. (14)
Permanent housing
The term permanent housing means community-based housing without a designated length of stay, and includes permanent supportive housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult. (15)
Private nonprofit organization
The term private nonprofit organization means an organization— (A)no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (B)that has a voluntary board; (C)that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and (D)that practices nondiscrimination in the provision of assistance. (16)
Project
The term project, used with respect to activities carried out under subtitle C, means eligible activities described in section 423(a), undertaken pursuant to a specific endeavor, such as serving a particular population or providing a particular resource. (17)
Project-based
The term project-based, used with respect to rental assistance, means assistance provided pursuant to a contract that— (A)is between— (i)a project sponsor; and (ii)an owner of a structure that exists as of the date the contract is entered into; and (B)provides that rental assistance payments shall be made to the owner and that the units in the structure shall be occupied by eligible persons for not less than the term of the contract. (18)
Project sponsor
The term project sponsor, used with respect to proposed eligible activities, means the organization directly responsible for the proposed eligible activities. (19)
Recipient
Except as used in subtitle B, the term recipient means an eligible entity who— (A)submits an application for a grant under section 422 that is approved by the Secretary; (B)receives the grant directly from the Secretary to support approved projects described in the application; and (C)(i)serves as a project sponsor for the projects; or (ii)awards the funds to project sponsors to carry out the projects. (20)
Secretary
The term Secretary means the Secretary of Housing and Urban Development. (21)
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. (22)
State
Except as used in subtitle B, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (23)
Supportive services
The term supportive services means the supportive services described in section 425(c). (24)
Tenant-based
The term tenant-based, used with respect to rental assistance, means assistance that allows an eligible person to select a housing unit in which such person will live using rental assistance provided under subtitle C, except that if necessary to assure that the provision of supportive services to a person participating in a program is feasible, a recipient or project sponsor may require that the person live— (A)in a particular structure or unit for not more than the first year of the participation; and (B)within a particular geographic area for the full period of the participation, or the period remaining after the period referred to in subparagraph (A). (25)
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. (26)
Unified funding agency
The term unified funding agency means a collaborative applicant that performs the duties described in section 402(g).
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— (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 425; 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 for purposes of — (A)collecting unduplicated counts of individuals and families experiencing homelessness; (B)analyzing patterns of use of assistance provided under subtitles B and C for the geographic area involved; and (C)providing information to project sponsors and applicants for needs analyses and funding priorities. (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.
; (5)by inserting after section 403 (as redesignated in paragraph (2)) the following:
404.
Preventing involuntary family separation
(a)
In general
Beginning on the date that is 2 years after the date of the enactment of the Community Partnership to End Homelessness Act of 2007, 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)receives a significant amount of funding from a source that requires targeting to a specific age group; (2)operates an emergency shelter, transitional housing, or permanent housing program that has a primary purpose of implementing an evidence-based practice that requires that shelter or housing units be targeted to families with children in a specific age group; or (3)provides such assurances, as the Secretary shall by regulation require, that an equivalent appropriate alternative living arrangement for the whole family or household unit has been secured.
405.
Technical assistance
(a)
Technical assistance for project sponsors
The Secretary shall make effective technical assistance available to private nonprofit organizations and other nongovernmental entities, States, metropolitan cities, urban counties, and counties that are not urban counties that are potential project sponsors, in order to implement effective planning processes for preventing and ending homelessness, to optimize self-sufficiency among individuals experiencing homelessness, to prevent the separation of families in emergency shelter or other housing programs, and to improve their capacity to become project sponsors. (b)
Technical assistance for collaborative applicants
The Secretary shall make effective technical assistance available to collaborative applicants— (1)to improve their ability to carry out the duties required under subsections (f) and (g) of section 402; (2)to design and execute outcome-effective strategies for preventing and ending homelessness in their geographic areas consistent with the provisions of this title; and (3)to design and implement a community-wide process for assessing the performance of the applicant and project sponsors in meeting the purposes of this Act. (c)
Reservation
The Secretary may reserve not more than 1 percent of the funds made available for any fiscal year for carrying out subtitles B and C, to make available technical assistance under subsections (a) and (b).
406.
Appeals
(a)
In general
Not later than 3 months after the date of enactment of the Community Partnership to End Homelessness Act of 2007, the Secretary shall establish a timely appeal procedure for grant amounts awarded or denied under this subtitle pursuant to an application for funding. (b)
Process
The Secretary shall ensure that appeals procedure established under subsection (a) permits appeals submitted by— (1)collaborative applicants; (2)entities carrying out homeless housing and services projects (including emergency shelters and homelessness prevention programs); and (3)homeless planning bodies not established as collaborative applicants.
; and (6)by inserting after section 407 (as redesignated in paragraph (2)) the following:
408.
Authorization of appropriations
There are authorized to be appropriated to carry out this title $2,200,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009, 2010, 2011, and 2012.
.
6.
Emergency solutions grants program
Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) is amended— (1)by striking the subtitle heading and inserting the following: B
Emergency solutions grants program
; (2)by striking section 412 (42 U.S.C. 11372) and inserting the following:
412.
Grant assistance
The Secretary shall make grants to States and local governments (and to private nonprofit organizations providing assistance to persons experiencing homelessness, in the case of grants made with reallocated amounts) for the purpose of carrying out activities described in section 414.
412A.
Amount and allocation of assistance
(a)
In general
Of the amount made available to carry out this subtitle and subtitle C for a fiscal year, the Secretary shall allocate nationally 20 percent of such amount for activities described in section 414. 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 414, in consultation with the collaborative applicants.
; (3)in section 413(b) (42 U.S.C. 11373(b)), by striking amounts appropriated and all that follows through for any and inserting amounts appropriated under section 408 and made available to carry out this subtitle for any; (4)by striking section 414 (42 U.S.C. 11374) and inserting the following:
414.
Eligible activities
(a)
In general
Assistance provided under section 412 may be used for the following activities: (1)The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters. (2)The provision of essential services related to emergency shelter or street outreach, including services concerned with employment, health, education, family support services for homeless youth, alcohol or drug abuse prevention or treatment, or mental health treatment, if such essential services have not been provided by the local government during any part of the immediately preceding 12-month period, or the use of assistance under this subtitle would complement the provision of those essential services. (3)Maintenance, operation, insurance, provision of utilities, and provision of furnishings 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
Not more than 60 percent of the funds provided to a grantee under this subtitle may be used for activities described in paragraphs (1) through (3) of subsection (a), except that for the first 2 years after the date of enactment of the Community Partnership to End Homelessness Act of 2007, a grantee may use the greater of 60 percent of the funds provided or the amount expended in the year of enactment of such Act for said activities.
; (5)in section 415 (42 U.S.C. 11375) by adding at the end the following: (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. ; (6)by repealing section 417 (42 U.S.C. 11377); and (7)by redesignating section 418 as section 417.
7.
Homeless assistance program
Subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) is amended— (1)by striking the subtitle heading and inserting the following: C
Homeless assistance program
; (2)by striking sections 421 through 424 (42 U.S.C. 11381 et seq.) and inserting the following:
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 identified by the Government Accountability Office in the 2 reports described in section 102(a)(5)(B) and programs funded with State or local resources; and (4)to optimize self-sufficiency among individuals and families experiencing homelessness.
422.
Community homeless assistance program
(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 enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for the fiscal year. (c)
Applications
(1)
Submission to the Secretary
To 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— (A)such information as the Secretary determines necessary— (i)to determine compliance with the program requirements and selection criteria under this subtitle; and (ii)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 date of enactment of the Community Partnership to End Homelessness Act of 2007, 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 of a grant announced under such subsection shall, with respect to a project to be funded through such grant, meet, or cause the project sponsor to meet, all requirements for the obligation of funds for such project, including site control, matching funds, and environmental review requirements, except as provided in subparagraph (C). (B)
Acquisition, rehabilitation, or construction
Not later than 24 months after the announcement referred to in subsection (c)(2), each recipient of a grant announced under such subsection seeking the obligation of funds in connection with the acquisition of housing, rehabilitation of housing, or construction of new housing for a grant announced under such subsection 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 of a grant announced under subsection (c)(2) shall meet or cause a project sponsor to 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 meets or causes a project sponsor to meet the requirements described in paragraph (1), the Secretary shall obligate the funds for the grant involved. (3)
Distribution
A unified funding agency that receives funds through a grant under this section— (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 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 1 application for a geographic area
If more than 1 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)
Confidentiality
(1)
Victim service providers
In the course of awarding grants or implementing programs under this section, 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 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 data 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 paragraph for victims of domestic violence, dating violence, sexual assault, or stalking. (2)
Definitions
As used in this subsection: (A)
Personally identifying information or personal information
The terms personally identifying information and personal 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— (i)a first and last name; (ii)a home or other physical address; (iii)contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); (iv)a social security number; and (v)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. (B)
Victim service provider
The term victim service provider means a nonprofit, nongovernmental organization including rape crisis centers, battered women's shelters, domestic violence transitional housing programs, and other programs whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. (i)
Coordination with low income housing credit
(1)
In general
Assistance under this subtitle is intended to facilitate the utilization of Low Income Housing Credits under section 42 of the Internal Revenue Code of 1986. (2)
Rule of construction
A building shall not be treated as federally subsidized under section 42(i)(2) of the Internal Revenue Code of 1986 as a result of a loan funded from grants under this subtitle. (3)
Treatment of certain grants
Funds provided pursuant to paragraphs (3), (4), (5), or (6) of section 423(a) shall not be treated as Federal grants for the purpose of determining the eligible basis of a building under section 42(d)(5)(A) of the Internal Revenue Code of 1986.
423.
Eligible activities
(a)
In general
The Secretary may award grants to project sponsors under section 422 to carry out homeless assistance projects that consist of 1 or more of the following eligible activities: (1)Construction of new housing units to provide transitional or permanent housing to homeless individuals and families. (2)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. (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 to homeless individuals and families, or providing supportive services to homeless individuals and families. (4)Provision of rental assistance to provide transitional or permanent housing to homeless individuals and families. The rental assistance may include tenant-based or project-based rental assistance. Project-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)Provision of supportive services to homeless individuals and families, individuals or families who in the prior 6 months have been homeless but are currently residing in permanent housing, or individuals and families who were homeless and are now 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, in addition to funds used under paragraph (10). (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 7 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 collaborative applicant or unified funding agency involved to carry out instead a project for the direct benefit of low-income persons, and the collaborative applicant or unified funding agency determines that the initial project is no longer needed to provide transitional or permanent housing, the collaborative applicant or unified funding agency may recommend that the Secretary approve the project described in the request and authorize the recipient or project sponsor to carry out that project. If the collaborative applicant or unified funding agency is the recipient or project sponsor, it shall submit such a request directly to the Secretary who shall determine if the conversion of the project is appropriate. (d)
Repayment of assistance and prevention of undue benefits
(1)
Repayment
If a recipient (or a project sponsor receiving funds from the recipient) receives assistance under section 422 to carry out a project that consists of activities described in paragraph (1) or (2) of subsection (a) and the project ceases to provide transitional or permanent housing— (A)earlier than 10 years after operation of the project begins, the Secretary shall require the recipient (or the project sponsor receiving funds from the recipient) to repay 100 percent of the assistance; or (B)not earlier than 10 years, but earlier than 15 years, after operation of the project begins, the Secretary shall require the recipient (or the project sponsor receiving funds from the recipient) to repay 20 percent of the assistance for each of the years in the 15-year period for which the project fails to provide that housing. (2)
Prevention of undue benefits
Except as provided in paragraph (3), if any property is used for a project that receives assistance under subsection (a) and consists of activities described in paragraph (1) or (2) of subsection (a), and the sale or other disposition of the property occurs before the expiration of the 15-year period beginning on the date that operation of the project begins, the recipient (or the project sponsor receiving funds from the recipient) who received the assistance shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient (or a project sponsor receiving funds from the recipient) from unduly benefitting from such sale or disposition. (3)
Exception
A recipient (or a project sponsor receiving funds from the recipient) shall not be required to make the repayments, and comply with the terms and conditions, required under paragraph (1) or (2) if— (A)the sale or disposition of the property used for the project results in the use of the property for the direct benefit of very low-income persons; (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 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.
424.
Flexibility 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 date of enactment of this section, the Secretary shall designate not more than 10 collaborative applicants as high-performing communities. (4)
Excess of qualified applicants
In the event that during the 2-year period described under paragraph (2) more than 10 collaborative applicants could qualify to be designated as high-performing communities, the Secretary shall designate the 10 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 To be a high-performing community
(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 414(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 of the following 4 requirements are met for that geographic area: (1)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)Of individuals and families— (A)who leave homelessness, less 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 1/5 within the preceding year. (3)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)If recipients in the geographic area have used funding awarded under section 422(a) for eligible activities described under section 414(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. (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.
; (3)in section 426 (42 U.S.C. 11386)— (A)by striking subsection (a) 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 receiving funds from the recipient) 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)by striking subsection (b) and inserting the following: (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)they will provide data and reports as required by the Secretary pursuant to the Act; and (E)if the project includes the provision of permanent housing to people with disabilities, the housing will be provided for not more than— (i)8 such persons in a single structure or contiguous structures; (ii)16 such persons, but only if not more than 20 percent of the units in a structure are designated for such persons; or (iii)more than 16 such persons if the applicant demonstrates that local market conditions dictate the development of a large project and such development will achieve the neighborhood integration objectives of the program within the context of the affected community; (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)(7), to establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, such funds in order to ensure that all financial transactions carried out with such funds are conducted, and records maintained, in accordance with generally accepted accounting principles; (6)to monitor and report to the Secretary the provision of matching funds as required by section 430; and (7)to comply with such other terms and conditions as the Secretary may establish to carry out this subtitle in an effective and efficient manner. ; (C)by redesignating subsection (d) as subsection (c); (D)in subsection (c) (as redesignated in subparagraph (C)), in the first sentence, by striking recipient and inserting recipient or project sponsor; (E)by striking subsection (e); (F)by redesignating subsections (f), (g), and (h), as subsections (d), (e), and (f), respectively; (G)in subsection (e) (as redesignated in subparagraph (F)), in the first sentence, by striking recipient each place it appears and inserting recipient or project sponsor; (H)by striking subsection (i); and (I)by redesignating subsection (j) as subsection (g); (4)by repealing section 429 (42 U.S.C. 11389); (5)by redesignating sections 427 and 428 (42 U.S.C. 11387, 11388) as sections 431 and 432, respectively; and (6)by inserting after section 426 the following:
427.
Selection criteria
(a)
In general
The Secretary shall award funds to recipients by 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 Community Partnership to End Homelessness Act of 2007, 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; and (vii)other accomplishments by the recipient related to reducing homelessness; (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; and (iii)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; (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 2 reports described in section 102(a)(5)(B); (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, to the extent practicable; and (F)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 subsection (a) 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 grants under section 422(b), of the pro rata estimated need amount under this subtitle for the geographic area represented by the collaborative applicant. (B)
Amount
(i)
Initial determination period
For the 2-year period beginning on the date of the enactment of the Community Partnership to End Homelessness Act of 2007, the estimated need amount under subparagraph (A) shall be determined by the Secretary. (ii)
Final determination period
(I)
In general
Upon expiration of the 2-year period set forth under clause (i), the Secretary shall develop and adopt regulations establishing a new formula for determining the estimated need amount under subparagraph (A). (II)
Best data
The new formula developed under subclause (I) shall use the best currently available data that targets such need amount to actual rates of homelessness and the risk of homelessness in the geographic area represented by the collaborative applicant. (III)
Considerations
In developing the new formula required under subclause (I), the Secretary shall give— (aa)significant consideration to data providing accurate counts of— (AA)the current number of homeless individuals in the geographic area represented by the collaborative applicant; (BB)shortages of affordable housing in the geographic area represented by the collaborative applicant; and (CC)the severe housing problems among extremely low-income households in the geographic area represented by the collaborative applicant; and (bb)particular attention to variables measuring— (AA)shortages of housing affordable and available to extremely low-income renters in the geographic area represented by the collaborative applicant; (BB)the number of extremely low-income households in the geographic area represented by the collaborative applicant who experience severe cost burden, live in substandard housing, or have crowding problems; and (CC)the poverty rate in the geographic area represented by the collaborative applicant. (iii)
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. (iv)
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.
428.
Allocation 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 for that fiscal year 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)
Minimum allocation 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)
Funding for acquisition, construction, and rehabilitation of permanent or transitional housing
Nothing in this subtitle shall be construed to establish a limit on the amount of funding that an applicant may request under this subtitle for acquisition, construction, or rehabilitation activities for the development of permanent housing or transitional housing. (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 or reducing homelessness for a specific subpopulation. (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 or reducing homelessness for a specific subpopulation. (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 414(a) for homeless people generally or for the relevant subpopulation.
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 date of enactment of the Community Partnership to End Homelessness Act of 2007). 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.
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, 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 under section 423(a)(3) of this Act, as such section existed prior to the date of the enactment of the Community Partnership to End Homelessness Act of 2007, that were originally made without a match requirement under the terms of such prior section, shall not be subject to any match requirement when such grants are renewed. (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.
.
8.
Rural housing stability assistance
Subtitle D of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11408 et seq.), as redesignated by section 10, is amended— (1)by striking the subtitle heading and inserting the following: D
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; (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; (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, or providing supportive services to homeless individuals and families; (G)provision of rental assistance to provide transitional or permanent housing to homeless individuals and families, 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)in subsection (e), by inserting public and before private; (H)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 an amount equal to not less than 25 percent of the funds provided for the project or activity, except that grants for leasing under section 423(a)(3) of this Act, as such section existed prior to the date of the enactment of the Community Partnership to End Homelessness Act of 2007, that were originally made without a match requirement under the terms of such prior section, shall not be subject to any match requirement when such grants are renewed. (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. ; (I)in subsection (h)— (i)in paragraph (1)(A), 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 inserting and the worst housing situations after homelessness; and (iii)in paragraph (2), by inserting and the worst housing situations after homelessness; (J)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 census tract 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. ; (K)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 (L)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. (n)
Regulations
(1)
In general
Not later than 18 months after the date of the enactment of the Community Partnership to End Homelessness Act of 2007, the Secretary shall promulgate regulations governing the administration of the grant program under this section, as such program was modified by section 8 of such Act. (2)
Rule of construction
The requirement of regulations under paragraph (1) shall not be construed so as to prevent the Secretary from carrying out the grant program set forth under this section prior to the expiration of the 18-month period described under paragraph (1). .
9.
Research
There is authorized to be appropriated $8,000,000, for each of fiscal years 2009, 2010, and 2011, for research into the efficacy of interventions for homeless families, to be expended by the Secretary of Housing and Urban Development over the 3 years at 3 different sites to provide services for homeless families and evaluate the effectiveness of such services.
10.
Repeals and conforming amendments
(a)
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 repealed. (b)
Conforming amendment
Subtitle G of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11408 et seq.) is amended by redesignating subtitle G as subtitle D.
11.
Special assistant for veterans affairs in office of Secretary of Housing and Urban Development
Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following new subsection: (g)
Special assistant for veterans affairs
(1)
Establishment
There shall be in the Department a Special Assistant for Veterans Affairs, who shall be in the Office of the Secretary. (2)
Appointment
The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. (3)
Responsibilities
The Special Assistant for Veterans Affairs shall be responsible for— (A)ensuring veterans have access to housing and homeless assistance under each program of the Department providing either such assistance; (B)coordinating all programs and activities of the Department relating to veterans; (C)serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs; (D)serving as a liaison for the Department, and establishing and maintaining relationships with officials of State, local, regional, and nongovernmental organizations concerned with veterans; (E)providing information and advice regarding— (i)sponsoring housing projects for veterans assisted under programs administered by the Department; or (ii)assisting veterans in obtaining housing or homeless assistance under programs administered by the Department; (F)preparing, on an annual basis, a report to the Secretaries of Housing and Urban Development and of Veterans Affairs on the housing needs of veterans; and’ (G)carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law. .
12.
Effective date
This Act shall take effect 6 months after the date of enactment of this Act.
November 1, 2007 Reported with an amendment