[Congressional Record Volume 151, Number 124 (Thursday, September 29, 2005)]
[Senate]
[Pages S10749-S10759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself, Mr. Allard, Ms. Collins, Mr. Sarbanes, 
        Mr. Bond, Mrs. Murray, Mr. Chafee, Ms. Mikulski, Mr. Dodd, Mr. 
        Akaka, Mr. Schumer, Mr. Corzine, Mrs. Clinton, and Ms. 
        Landrieu):
  S. 1801. A bill to amend the McKinney-Vento Homeless Assistance Act 
to reauthorize the Act, and for other purposes; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. REED. Mr. President, I introduce, along with Senators Allard, 
Collins, Sarbanes, Bond, Murray, Chafee, Mikulski, Dodd, Akaka, 
Schumer, Corzine, Landrieu, and Clinton, the Community Partnership to 
End Homelessness Act of 2005 (CPEHA). This legislation would 
reauthorize and amend the housing titles of the McKinney-Vento Homeless 
Assistance Act of 1987. Specifically, our bill would realign the 
incentives behind the Department of Housing and Urban Development's 
homelessness assistance programs to accomplish the goals of preventing 
and ending long-term homelessness.
  During the past several weeks, stark pictures of the reality faced by 
many in the wake of Hurricane Katrina have made more of the country 
aware of the day-to-day pressures faced by those who are homeless. 
Unfortunately, as many as 3.5 million Americans experience homelessness 
each year. Ten to 20 percent are homeless for long periods of time. 
Many of these Americans have severe disabilities. Many have worn a 
uniform for our country, with the Veterans Administration estimating 
that at least 500,000 veterans experience homelessness over the course 
of a year. Statistics regarding the number of children who experience 
homelessness are especially troubling. More than one million children 
experience homelessness each year; that is one in ten poor children in 
the United States. We have learned that children who are homeless are 
in poorer health, have developmental delays, and achieve less in school 
than children who have homes.
  Many of those who are homeless have a simple problem--they cannot 
afford housing. Using the most recent census data, 56 percent of 
extremely low-income families are paying more than half their income 
for housing. Between 1990 and 2000, shortages of affordable housing for 
these families worsened in 44 of the 50 States. In 2000, it was 
estimated that 4.6 million units of low-income housing would need to be 
created in order to take care of this problem. As rents have soared and 
affordable housing units have disappeared from the market during the 
past five years, even more working Americans have been left unable to 
afford housing.
  So why should the Federal Government work to help prevent and end 
homelessness? Simply put, we cannot afford not to solve this problem. 
Homelessness leads to untold costs, including expenses for emergency 
rooms, jails and shelters, foster care, detoxification, and emergency 
mental health treatment. It has been almost twenty years since the 
passage of the McKinney-Vento Homeless Assistance Act of 1987, and we 
have learned a lot about the problem of homelessness since then.
  There is a growing consensus on ways to help communities break the 
cycle of repeated and prolonged homelessness. If we combine Federal 
dollars with the right incentives to local communities, we can end 
long-term homelessness. This bipartisan legislation will do just that. 
It will reward communities for initiatives that prevent homelessness, 
promote the development of permanent supportive housing, and optimize 
self-sufficiency.
  The Community Partnership to Help End Homelessness Act of 2005 will 
set us on the path to meeting an important national goal. I hope my 
colleagues will join us in supporting this bill and other homelessness 
prevention efforts.
  Mr. President, I ask unanimous consent that the text of the Community 
Partnership to Help End Homelessness Act of 2005 be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1801

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Partnership to End 
     Homelessness Act of 2005''.

[[Page S10750]]

     SEC. 2. FINDINGS AND PURPOSE.

       Section 102 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11301) is amended to read as follows:

     ``SEC. 102. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress finds that--
       ``(1) the United States faces a crisis of individuals and 
     families who lack basic affordable housing and appropriate 
     shelter;
       ``(2) assistance from the Federal Government is an 
     important factor in the success of efforts by State and local 
     governments and the private sector to address the problem of 
     homelessness in a comprehensive manner;
       ``(3) there are several Federal Government programs to 
     assist persons experiencing homelessness, including programs 
     for individuals with disabilities, veterans, children, and 
     youth;
       ``(4) homeless assistance programs must be evaluated on the 
     basis of their effectiveness in reducing homelessness, 
     transitioning individuals and families to permanent housing 
     and stability, and optimizing their self-sufficiency;
       ``(5) States and units of general local government 
     receiving Federal block grant and other Federal grant funds 
     must be evaluated on the basis of their effectiveness in--
       ``(A) implementing plans to appropriately discharge 
     individuals to and from mainstream service systems; and
       ``(B) reducing barriers to participation in mainstream 
     programs, as identified in--
       ``(i) a report by the Government Accountability Office 
     entitled `Homelessness: Coordination and Evaluation of 
     Programs Are Essential', issued February 26, 1999; or
       ``(ii) a report by the Government Accountability Office 
     entitled `Homelessness: Barriers to Using Mainstream 
     Programs', issued July 6, 2000;
       ``(6) an effective plan for reducing homelessness should 
     provide a comprehensive housing system (including permanent 
     housing and, as needed, transitional housing) that recognizes 
     that, while some individuals and families experiencing 
     homelessness attain economic viability and independence 
     utilizing transitional housing and then permanent housing, 
     others can reenter society directly and optimize self-
     sufficiency through acquiring permanent housing;
       ``(7) supportive housing activities include the provision 
     of permanent housing or transitional housing, and appropriate 
     supportive services, in an environment that can meet the 
     short-term or long-term needs of persons experiencing 
     homelessness as they reintegrate into mainstream society;
       ``(8) homeless housing and supportive services programs 
     within a community are most effective when they are developed 
     and operated as part of an inclusive, collaborative, locally 
     driven homeless planning process that involves as decision 
     makers persons experiencing homelessness, advocates for 
     persons experiencing homelessness, service organizations, 
     government officials, business persons, neighborhood 
     advocates, and other community members;
       ``(9) homelessness should be treated as a symptom of many 
     neighborhood, community, and system problems, whose remedies 
     require a comprehensive approach integrating all available 
     resources;
       ``(10) there are many private sector entities, particularly 
     nonprofit organizations, that have successfully operated 
     outcome-effective homeless programs;
       ``(11) Federal homeless assistance should supplement other 
     public and private funding provided by communities for 
     housing and supportive services for low-income households;
       ``(12) the Federal Government has a responsibility to 
     establish partnerships with State and local governments and 
     private sector entities to address comprehensively the 
     problems of homelessness; and
       ``(13) the results of Federal programs targeted for persons 
     experiencing homelessness have been positive.
       ``(b) Purpose.--It is the purpose of this Act--
       ``(1) to create a unified and performance-based process for 
     allocating and administering funds under title IV;
       ``(2) to encourage comprehensive, collaborative local 
     planning of housing and services programs for persons 
     experiencing homelessness;
       ``(3) to focus the resources and efforts of the public and 
     private sectors on ending and preventing homelessness;
       ``(4) to provide funds for programs to assist individuals 
     and families in the transition from homelessness, and to 
     prevent homelessness for those vulnerable to homelessness;
       ``(5) to consolidate the separate homeless assistance 
     programs carried out under title IV (consisting of the 
     supportive housing program and related innovative programs, 
     the safe havens program, the section 8 assistance program for 
     single-room occupancy dwellings, the shelter plus care 
     program, and the rural homeless housing assistance program) 
     into a single program with specific eligible activities;
       ``(6) to allow flexibility and creativity in re-thinking 
     solutions to homelessness, including alternative housing 
     strategies, outcome-effective service delivery, and the 
     involvement of persons experiencing homelessness in decision 
     making regarding opportunities for their long-term stability, 
     growth, well-being, and optimum self-sufficiency; and
       ``(7) to ensure that multiple Federal agencies are involved 
     in the provision of housing, health care, human services, 
     employment, and education assistance, as appropriate for the 
     missions of the agencies, to persons experiencing 
     homelessness, through the funding provided for implementation 
     of programs carried out under this Act and other programs 
     targeted for persons experiencing homelessness, and 
     mainstream funding, and to promote coordination among those 
     Federal agencies, including providing funding for a United 
     States Interagency Council on Homelessness to advance such 
     coordination.''.

     SEC. 3. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

       Title II of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11311 et seq.) is amended--
       (1) in section 201 (42 U.S.C. 11311), by striking the 
     period at the end and inserting the following: ``whose 
     mission shall be to develop and coordinate the implementation 
     of a national strategy to prevent and end homelessness while 
     maximizing the effectiveness of the Federal Government in 
     contributing to an end to homelessness in the United 
     States.'';
       (2) in section 202 (42 U.S.C. 11312)--
       (A) in subsection (a)--
       (i) by striking ``(16)'' and inserting ``(19)''; and
       (ii) by inserting after paragraph (15) the following:
       ``(16) The Commissioner of Social Security, or the designee 
     of the Commissioner.
       ``(17) The Attorney General of the United States, or the 
     designee of the Attorney General.
       ``(18) The Director of the Office of Management and Budget, 
     or the designee of the Director.'';
       (B) in subsection (c), by striking ``annually'' and 
     inserting ``2 times each year''; and
       (C) by adding at the end the following:
       ``(e) Administration.--The Assistant to the President for 
     Domestic Policy within the Executive Office of the President 
     shall oversee the functioning of the United States 
     Interagency Council on Homelessness to ensure Federal 
     interagency collaboration and program coordination to focus 
     on preventing and ending homelessness, to increase access to 
     mainstream programs (as identified in a report by the 
     Government Accountability Office entitled `Homelessness: 
     Barriers to Using Mainstream Programs', issued July 6, 2000) 
     by persons experiencing homelessness, to eliminate the 
     barriers to participation in those programs, to implement a 
     Federal plan to prevent and end homelessness, and to identify 
     Federal resources that can be expended to prevent and end 
     homelessness.'';
       (3) in section 203(a) (42 U.S.C. 11313(a))--
       (A) by redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), and (7) as paragraphs (2), (3), (4), (5), (8), (9), and 
     (10), respectively;
       (B) by inserting before paragraph (2), as redesignated by 
     subparagraph (A), the following:
       ``(1) not later than 1 year after the date of enactment of 
     the Community Partnership to End Homelessness Act of 2005, 
     develop and submit to the President and to Congress a 
     National Strategic Plan to End Homelessness;'';
       (C) in paragraph (5), as redesignated by subparagraph (A), 
     by striking ``at least 2, but in no case more than 5'' and 
     inserting ``not less than 5, but in no case more than 10''; 
     and
       (D) by inserting after paragraph (5), as redesignated by 
     subparagraph (A), the following:
       ``(6) encourage the creation of State Interagency Councils 
     on Homelessness and the formulation of multi-year plans to 
     end homelessness at State, city, and county levels;
       ``(7) develop mechanisms to ensure access by persons 
     experiencing homelessness to all Federal, State, and local 
     programs for which the persons are eligible, and to verify 
     collaboration among entities within a community that receive 
     Federal funding under programs targeted for persons 
     experiencing homelessness, and other programs for which 
     persons experiencing homelessness are eligible, including 
     mainstream programs identified by the Government 
     Accountability Office in the 2 reports described in section 
     102(a)(5)(B);''; and
       (4) by striking section 208 (42 U.S.C. 11318) and inserting 
     the following:

     ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       ``Of any amounts made available for any fiscal year to 
     carry out subtitles B and C of title IV, $3,000,000 shall be 
     allocated to the Assistant to the President for Domestic 
     Policy within the Executive Office of the President to carry 
     out this title.''.

     SEC. 4. HOUSING ASSISTANCE GENERAL PROVISIONS.

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

                  ``Subtitle A--General Provisions'';

       (2)(A) by redesignating section 401 (42 U.S.C. 11361) as 
     section 403; and
       (B) by redesignating section 402 (42 U.S.C. 11362) as 
     section 406;
       (3) by inserting before section 403 (as redesignated in 
     paragraph (2)) the following:

     ``SEC. 401. DEFINITIONS.

       ``In this title:
       ``(1) Chronically homeless.--
       ``(A) In general.--The term `chronically homeless', used 
     with respect to an individual or family, means an individual 
     or family who--
       ``(i) is homeless;

[[Page S10751]]

       ``(ii) has been homeless continuously for at least 1 year 
     or has been homeless on at least 4 separate occasions in the 
     last 3 years; and
       ``(iii) in the case of a family, has an adult head of 
     household with a disabling condition.
       ``(B) Disabling condition.--As used in this paragraph, the 
     term `disabling condition' means a condition that is a 
     diagnosable substance use disorder, serious mental illness, 
     developmental disability (as defined in section 102 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15002)), or chronic physical illness or 
     disability, including the co-occurrence of 2 or more of those 
     conditions.
       ``(2) Collaborative applicant.--
       ``(A) In general.--The term `collaborative applicant' means 
     an entity that--
       ``(i) is a representative community homeless assistance 
     planning body established or designed in accordance with 
     section 402;
       ``(ii) serves as the applicant for project sponsors who 
     jointly submit a single application for a grant under 
     subtitle C in accordance with a collaborative process; and
       ``(iii) if the entity is a legal entity and is awarded such 
     grant, receives such grant directly from the Secretary.
       ``(B) State and local governments.--Notwithstanding the 
     requirements of subparagraph (A), the term `collaborative 
     applicant' includes a State or local government, or a 
     consortium of State or local governments, engaged in 
     activities to end homelessness.
       ``(3) Collaborative application.--The term `collaborative 
     application' means an application for a grant under subtitle 
     C that--
       ``(A) satisfies section 422 (including containing the 
     information described in subsections (a) and (c) of section 
     426); and
       ``(B) is submitted to the Secretary by a collaborative 
     applicant.
       ``(4) Consolidated plan.--The term `Consolidated Plan' 
     means a comprehensive housing affordability strategy and 
     community development plan required in part 91 of title 24, 
     Code of Federal Regulations.
       ``(5) Eligible entity.--The term `eligible entity' means, 
     with respect to a subtitle, a public entity, a private 
     entity, or an entity that is a combination of public and 
     private entities, that is eligible to receive directly grant 
     amounts under that subtitle.
       ``(6) Geographic area.--The term `geographic area' means a 
     State, metropolitan city, urban county, town, village, or 
     other nonentitlement area, or a combination or consortia of 
     such, in the United States, as described in section 106 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5306).
       ``(7) Homeless individual with a disability.--
       ``(A) In general.--The term `homeless individual with a 
     disability' means an individual who is homeless, as defined 
     in section 103, and has a disability that--
       ``(i)(I) is expected to be long-continuing or of indefinite 
     duration;
       ``(II) substantially impedes the individual's ability to 
     live independently;
       ``(III) could be improved by the provision of more suitable 
     housing conditions; and
       ``(IV) is a physical, mental, or emotional impairment, 
     including an impairment caused by alcohol or drug abuse;
       ``(ii) is a developmental disability, as defined in section 
     102 of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15002); or
       ``(iii) is the disease of acquired immunodeficiency 
     syndrome or any condition arising from the etiologic agency 
     for acquired immunodeficiency syndrome.
       ``(B) Rule.--Nothing in clause (iii) of subparagraph (A) 
     shall be construed to limit eligibility under clause (i) or 
     (ii) of subparagraph (A).
       ``(8) Legal entity.--The term `legal entity' means--
       ``(A) an entity described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of that Code;
       ``(B) an instrumentality of State or local government; or
       ``(C) a consortium of instrumentalities of State or local 
     governments that has constituted itself as an entity.
       ``(9) Metropolitan city; urban county; nonentitlement 
     area.--The terms `metropolitan city', `urban county', and 
     `nonentitlement area' have the meanings given such terms in 
     section 102(a) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5302(a)).
       ``(10) New.--The term `new', used with respect to housing, 
     means housing for which no assistance has been provided under 
     this title.
       ``(11) Operating costs.--The term `operating costs' means 
     expenses incurred by a project sponsor operating--
       ``(A) transitional housing or permanent housing under this 
     title with respect to--
       ``(i) the administration, maintenance, repair, and security 
     of such housing;
       ``(ii) utilities, fuel, furnishings, and equipment for such 
     housing; or
       ``(iii) conducting an assessment under section 426(c)(2); 
     and
       ``(B) supportive housing, for homeless individuals with 
     disabilities or homeless families that include such an 
     individual, under this title with respect to--
       ``(i) the matters described in clauses (i), (ii), and (iii) 
     of subparagraph (A); and
       ``(ii) coordination of services as needed to ensure long-
     term housing stability.
       ``(12) Outpatient health services.--The term `outpatient 
     health services' means outpatient health care services, 
     mental health services, and outpatient substance abuse 
     treatment services.
       ``(13) Permanent housing.--The term `permanent housing' 
     means community-based housing without a designated length of 
     stay, and includes permanent supportive housing for homeless 
     individuals with disabilities and homeless families that 
     include such an individual who is an adult.
       ``(14) Permanent housing development activities.--The term 
     `permanent housing development activities' means activities--
       ``(A) to construct, lease, rehabilitate, or acquire 
     structures to provide permanent housing;
       ``(B) involving tenant-based and project-based flexible 
     rental assistance for permanent housing;
       ``(C) described in paragraphs (1) through (4) of section 
     423(a) as they relate to permanent housing; or
       ``(D) involving the capitalization of a dedicated project 
     account from which payments are allocated for rental 
     assistance and operating costs of permanent housing.
       ``(15) Private nonprofit organization.--The term `private 
     nonprofit organization' means an organization--
       ``(A) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       ``(B) that has a voluntary board;
       ``(C) that has an accounting system, or has designated a 
     fiscal agent in accordance with requirements established by 
     the Secretary; and
       ``(D) that practices nondiscrimination in the provision of 
     assistance.
       ``(16) Project.--The term `project', used with respect to 
     activities carried out under subtitle C, means eligible 
     activities described in section 423(a), undertaken pursuant 
     to a specific endeavor, such as serving a particular 
     population or providing a particular resource.
       ``(17) Project-based.--The term `project-based', used with 
     respect to rental assistance, means assistance provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) a project sponsor; and
       ``(ii) an owner of a structure that exists as of the date 
     the contract is entered into; and
       ``(B) provides that rental assistance payments shall be 
     made to the owner and that the units in the structure shall 
     be occupied by eligible persons for not less than the term of 
     the contract.
       ``(18) Project sponsor.--The term `project sponsor', used 
     with respect to proposed eligible activities, means the 
     organization directly responsible for the proposed eligible 
     activities.
       ``(19) Recipient.--Except as used in subtitle B, the term 
     `recipient' means an eligible entity who--
       ``(A) submits an application for a grant under section 422 
     that is approved by the Secretary;
       ``(B) receives the grant directly from the Secretary to 
     support approved projects described in the application; and
       ``(C)(i) serves as a project sponsor for the projects; or
       ``(ii) awards the funds to project sponsors to carry out 
     the projects.
       ``(20) Secretary.--The term `Secretary' means the Secretary 
     of Housing and Urban Development.
       ``(21) Seriously mentally ill.--The term `seriously 
     mentally ill' means having a severe and persistent mental 
     illness or emotional impairment that seriously limits a 
     person's ability to live independently.
       ``(22) State.--Except as used in subtitle B, the term 
     `State' means each of the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
       ``(23) Supportive housing.--The term `supportive housing' 
     means housing that--
       ``(A) helps individuals experiencing homelessness and 
     families experiencing homelessness to transition from 
     homelessness to living in safe, decent, and affordable 
     housing as independently as possible; and
       ``(B) provides supportive services and housing assistance 
     on either a temporary or permanent basis, as determined by 
     the identified abilities and needs of the program 
     participants.
       ``(24) Supportive services.--The term `supportive 
     services'--
       ``(A) through the end of the final determination year (as 
     described in section 423(a)(6)(C)(iii)), means the services 
     described in section 423(a)(6)(A), for both new projects and 
     projects receiving renewal funding; and
       ``(B) after that final determination year, means the 
     services described in section 423(a)(6)(B), as permitted 
     under section 423(a)(6)(C), for both new projects and 
     projects receiving renewal funding.
       ``(25) Tenant-based.--The term `tenant-based', used with 
     respect to rental assistance, means assistance that allows an 
     eligible person to select a housing unit in which such person 
     will live using rental assistance provided under subtitle C, 
     except that if necessary to assure that the provision of 
     supportive services to a person participating in a program is 
     feasible, a recipient or project sponsor may require that the 
     person live--
       ``(A) in a particular structure or unit for not more than 
     the first year of the participation; and
       ``(B) within a particular geographic area for the full 
     period of the participation, or the

[[Page S10752]]

     period remaining after the period referred to in subparagraph 
     (A).
       ``(26) Transitional housing.--The term `transitional 
     housing' means housing, the purpose of which is to facilitate 
     the movement of individuals and families experiencing 
     homelessness to permanent housing within 24 months or such 
     longer period as the Secretary determines necessary.

     ``SEC. 402. COLLABORATIVE APPLICANTS.

       ``(a) Establishment and Designation.--A collaborative 
     applicant shall be established for a geographic area by the 
     relevant parties in that geographic area, or designated for a 
     geographic area by the Secretary in accordance with 
     subsection (d), to lead a collaborative planning process to 
     design and evaluate programs, policies, and practices to 
     prevent and end homelessness.
       ``(b) Membership of Established Collaborative Applicant.--A 
     collaborative applicant established under subsection (a) 
     shall be composed of persons from a particular geographic 
     area who are--
       ``(1) persons who are experiencing or have experienced 
     homelessness (with not fewer than 2 persons being individuals 
     who are experiencing or have experienced homelessness);
       ``(2) persons who act as advocates for the diverse 
     subpopulations of persons experiencing homelessness;
       ``(3) persons or representatives of organizations who 
     provide assistance to the variety of individuals and families 
     experiencing homelessness; and
       ``(4) relatives of individuals experiencing homelessness;
       ``(5) government agency officials, particularly those 
     officials responsible for administering funding under 
     programs targeted for persons experiencing homelessness, and 
     other programs for which persons experiencing homelessness 
     are eligible, including mainstream programs identified by the 
     Government Accountability Office in the 2 reports described 
     in section 102(a)(5)(B);
       ``(6) 1 or more local educational agency liaisons 
     designated under section 722(g)(1)(J)(ii), or their 
     designees;
       ``(7) members of the business community;
       ``(8) members of neighborhood advocacy organizations; and
       ``(9) members of philanthropic organizations that 
     contribute to preventing and ending homelessness in the 
     geographic area of the collaborative applicant.
       ``(c) Rotation of Membership of Established or Designated 
     Collaborative Applicant.--The parties establishing or 
     designating a collaborative applicant under subsection (a) 
     shall ensure, to the extent practicable, that the 
     collaborative applicant rotates its membership to ensure that 
     representatives of all agencies, businesses, and 
     organizations who are described in paragraphs (1) through (9) 
     of subsection (b) and invested in developing and implementing 
     strategies to prevent and end homelessness are able to 
     participate as decisionmaking members of the collaborative 
     applicant.
       ``(d) Existing Planning Bodies.--The Secretary may 
     designate an entity to be a collaborative applicant if such 
     entity--
       ``(1) prior to the date of enactment of the Community 
     Partnership to End Homelessness Act of 2005, engaged in 
     coordinated, comprehensive local homeless housing and 
     services planning and applied for Federal funding to provide 
     homeless assistance; and
       ``(2) ensures that its membership includes persons 
     described in paragraphs (1) through (9) of subsection (b).
       ``(e) Tax Exempt Organizations.--An entity may be 
     established or designated to serve as a collaborative 
     applicant under this section without being a legal entity. If 
     a collaborative applicant is a legal entity, the 
     collaborative applicant may only receive funds directly from 
     the Secretary under this title, and may only apply for funds 
     to conduct the activities described in section 423(a)(7).
       ``(f) Remedial Action.--If the Secretary finds that a 
     collaborative applicant for a geographic area does not meet 
     the requirements of this section, the Secretary may take 
     remedial action to ensure fair distribution of grant amounts 
     under subtitle C to eligible entities within that area. Such 
     measures may include designating another body as a 
     collaborative applicant, or permitting other eligible 
     entities to apply directly for grants.
       ``(g) Construction.--Nothing in this section shall be 
     construed to displace conflict of interest or government fair 
     practices laws, or their equivalent, that govern applicants 
     for grant amounts under subtitles B and C.
       ``(h) Duties.--A collaborative applicant shall--
       ``(1)(A) design a collaborative process, established 
     jointly and complied with by its members, for evaluating, 
     reviewing, prioritizing, awarding, and monitoring projects 
     and applications submitted by project sponsors under subtitle 
     C, and for evaluating the outcomes of projects for which 
     funds are awarded under subtitle B, in such a manner as to 
     ensure that the entities involved further the goal of 
     preventing and ending homelessness, and optimizing self-
     sufficiency among individuals and families experiencing 
     homelessness, in the geographic area involved;
       ``(B)(i)(I) review relevant policies and practices (in 
     place and planned) of public and private entities in the 
     geographic area served by the collaborative applicant to 
     determine if the policies and practices further or impede the 
     goal described in subparagraph (A);
       ``(II) in conducting the review, give priority to the 
     review of--
       ``(aa) the discharge planning and service termination 
     policies and practices of publicly funded facilities or 
     institutions (such as health care or treatment facilities or 
     institutions, foster care or youth facilities, or juvenile or 
     adult correctional institutions), and entities carrying out 
     publicly funded programs and systems of care (such as health 
     care or treatment programs, the programs of block grants to 
     States for temporary assistance for needy families 
     established under part A of title IV of the Social Security 
     Act (42 U.S.C. 601 et seq.), child welfare or youth programs, 
     or juvenile or adult correctional programs), to ensure that 
     such a discharge or termination does not result in immediate 
     homelessness for the persons involved;
       ``(bb) the access and utilization policies and practices of 
     the entities carrying out mainstream programs identified by 
     the Government Accountability Office in the 2 reports 
     described in section 102(a)(5)(B), to ensure that persons 
     experiencing homelessness are able to access and utilize the 
     programs;
       ``(cc) local policies and practices relating to zoning and 
     enforcement of local statutes, to ensure that the policies 
     and practices allow reasonable inclusion and distribution in 
     the geographic area of special needs populations and families 
     with children and the facilities that serve the populations 
     and families;
       ``(dd) policies and practices relating to the school 
     selection and enrollment of homeless children and youths (as 
     defined in section 725) to ensure that the homeless children 
     and youths, and their parents, are able to exercise their 
     educational rights under subtitle B of title VII; and
       ``(ee) local policies and practices relating to the 
     placement of families with homeless children and youths (as 
     so defined) in emergency or transitional shelters, to ensure 
     that the children and youths are placed as close as possible 
     to their school of origin in order to facilitate continuity 
     of, and prevent disruption of, educational services; and
       ``(III) in conducting the review, determine the 
     modifications and corrective actions that need to be taken, 
     and by whom, to ensure that the relevant policies and 
     practices do not stimulate, or prolong, homelessness in the 
     geographic area;
       ``(ii) inform the appropriate entities of the 
     determinations described in clause (i); and
       ``(iii) at least once every 3 years, prepare for inclusion 
     in any application reviewed by the collaborative applicant, 
     and submitted to the Secretary under section 422, the 
     determinations described in clause (i), in the form of an 
     exhibit entitled `Assessment of Relevant Policies and 
     Practices, and Needed Corrective Actions to End and Prevent 
     Homelessness'; and
       ``(C) if the collaborative applicant designs and carries 
     out the projects, design and carry out the projects in such a 
     manner as to further the goal described in subparagraph (A);
       ``(2)(A) require, consistent with the Government 
     Performance and Results Act of 1993 and amendments made by 
     that Act, that recipients and project sponsors who are funded 
     by grants received under subtitle C implement and maintain an 
     outcome-based evaluation of their projects that measures 
     effective and timely delivery of housing or services and 
     whether provision of such housing or services results in 
     preventing or ending homelessness for the persons that such 
     recipients and project sponsors serve; and
       ``(B) request that States and local governments who 
     distribute funds under subtitle B submit information and 
     comments on the administration of activities under subtitle 
     B, to enable the collaborative applicant to plan and design a 
     full continuum of care for persons experiencing homelessness;
       ``(3) require, consistent with the Government Performance 
     and Results Act of 1993 and amendments made by that Act, 
     outcome-based evaluation of the homeless assistance planning 
     process of the collaborative applicant to measure the 
     performance of the collaborative applicant in preventing or 
     ending the homelessness of persons in the geographic area of 
     the collaborative applicant;
       ``(4) participate in the Consolidated Plan for the 
     geographic area served by the collaborative applicant; and
       ``(5)(A) require each project sponsor who is funded by a 
     grant received under subtitle C to establish such fiscal 
     control and fund accounting procedures as may be necessary to 
     assure the proper disbursal of, and accounting for, Federal 
     funds awarded to the project sponsor under subtitle C in 
     order to ensure that all financial transactions carried out 
     under subtitle C are conducted, and records maintained, in 
     accordance with generally accepted accounting principles; and
       ``(B) arrange for an annual survey, audit, or evaluation of 
     the financial records of each project carried out by a 
     project sponsor funded by a grant received under subtitle C.
       ``(i) Conflict of Interest.--No member of a collaborative 
     applicant may participate in decisions of the collaborative 
     applicant concerning the award of a grant, or provision of 
     other financial benefits, to such member or the organization 
     that such member represents.
       ``(j) Homeless Management Information System.--
       ``(1) In general.--In accordance with standards established 
     by the Secretary, each collaborative applicant shall ensure 
     consistent participation by project sponsors in a

[[Page S10753]]

     community-wide homeless management information system. The 
     collaborative applicant shall ensure the participation for 
     purposes of collecting unduplicated counts of individuals and 
     families experiencing homelessness, analyzing patterns of use 
     of assistance provided under subtitles B and C for the 
     geographic area involved, implementing an effective 
     information and referral system, and providing information 
     for the needs analyses and funding priorities of 
     collaborative applicants.
       ``(2) Funds.--A collaborative applicant may apply for funds 
     under this title to establish, continue, carry out, or ensure 
     consistent participation by project sponsors in a homeless 
     management information system, if the applicant is a legal 
     entity.'';
       (4) by inserting after section 403 (as redesignated in 
     paragraph (2)) the following:

     ``SEC. 404. TECHNICAL ASSISTANCE.

       ``(a) Technical Assistance for Project Sponsors.--The 
     Secretary shall make effective technical assistance available 
     to private nonprofit organizations and other nongovernmental 
     entities, States, metropolitan cities, urban counties, and 
     counties that are not urban counties that are potential 
     project sponsors, in order to implement effective planning 
     processes for preventing and ending homelessness, to optimize 
     self-sufficiency among individuals experiencing homelessness 
     and to improve their capacity to become project sponsors.
       ``(b) Technical Assistance for Collaborative Applicants.--
     The Secretary shall make effective technical assistance 
     available to collaborative applicants to improve their 
     ability to carry out the provisions of this title, and to 
     design and execute outcome-effective strategies for 
     preventing and ending homelessness in their geographic areas 
     consistent with the provisions of this title.
       ``(c) Reservation.--The Secretary may reserve not more than 
     1 percent of the funds made available for any fiscal year for 
     carrying out subtitles B and C, to make available technical 
     assistance under subsections (a) and (b).

     ``SEC. 405. PERFORMANCE REPORTS AND MONITORING.

       ``(a) In General.--A collaborative applicant shall submit 
     to the Secretary an annual performance report regarding the 
     activities carried out with grant amounts received under 
     subtitles B and C in the geographic area served by the 
     collaborative applicant, at such time and in such manner as 
     the Secretary determines to be reasonable.
       ``(b) Content.--The performance report described in 
     subsection (a) shall--
       ``(1) describe the number of persons provided homelessness 
     prevention assistance (including the number of such persons 
     who were discharged or whose services were terminated as 
     described in section 422(c)(1)(B)(ii)(I)(bb)), and the number 
     of individuals and families experiencing homelessness who 
     were provided shelter, housing, or supportive services, with 
     the grant amounts awarded in the fiscal year prior to the 
     fiscal year in which the report was submitted, including 
     measurements of the number of persons experiencing 
     homelessness who--
       ``(A) entered permanent housing, and the length of time 
     such persons resided in that housing, if known;
       ``(B) entered transitional housing, and the length of time 
     such persons resided in that housing, if known;
       ``(C) obtained or retained jobs;
       ``(D) increased their income, including increasing income 
     through the receipt of government benefits;
       ``(E) received mental health or substance abuse treatment 
     in an institutional setting and now receive that assistance 
     in a less restrictive, community-based setting;
       ``(F) received additional education, vocational or job 
     training, or employment assistance services;
       ``(G) received additional physical, mental, or emotional 
     health care;
       ``(H) were children under the age of 18 during the year at 
     issue, including the number of--
       ``(i) children who were not younger than 2 and not older 
     than 4, or were infants or toddlers with disabilities (as 
     defined in section 632 of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1432));
       ``(ii) children described in clause (i) who were enrolled 
     in preschool or were receiving services under part C of such 
     Act (20 U.S.C. 1431 et seq.);
       ``(iii) children who were not younger than 5 and not older 
     than 17;
       ``(iv) children described in clause (iii) who are enrolled 
     in elementary school or secondary school (as such terms are 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)); and
       ``(v) children under the age of 18 who received child care, 
     health care, mental health care, or supplemental educational 
     services; and
       ``(I) were reunited with their families;
       ``(2) estimate the number of persons experiencing 
     homelessness, including children under the age of 18, in the 
     geographic area served by the collaborative applicant who are 
     eligible for, but did not receive, services, housing, or 
     other assistance through the programs funded under subtitles 
     B and C in the prior fiscal year;
       ``(3) indicate the accomplishments achieved within the 
     geographic area that involved the use of the grant amounts 
     awarded in the prior fiscal year, regarding efforts to 
     coordinate services and programs within the geographic area;
       ``(4) indicate the accomplishments achieved within the 
     geographic area to--
       ``(A) increase access by persons experiencing homelessness 
     to programs that are not targeted for persons experiencing 
     homelessness (but for which persons experiencing homelessness 
     are eligible), including mainstream programs identified by 
     the Government Accountability Office in the 2 reports 
     described in section 102(a)(5)(B); and
       ``(B) prevent the homelessness of persons discharged from 
     publicly funded institutions or systems of care (such as 
     health care facilities, child welfare or other youth 
     facilities or systems of care, institutions or systems of 
     care relating to the program of block grants to States for 
     temporary assistance for needy families established under 
     part A of title IV of the Social Security Act (42 U.S.C. 601 
     et seq.), and juvenile or adult correctional programs and 
     institutions);
       ``(5) describe how the collaborative applicant and other 
     involved public and private entities within the geographic 
     area will incorporate their experiences in the prior fiscal 
     year into the programs and process that the collaborative 
     applicant and entities will implement during the next fiscal 
     year, including describing specific strategies to improve 
     their performance outcomes;
       ``(6) assess the consistency and coordination between the 
     programs funded under subtitles B and C in the prior fiscal 
     year and the Consolidated Plan;
       ``(7) include updates to the exhibits described in section 
     402(h)(1)(B)(iii) that were included in applications--
       ``(A) submitted under section 422 by collaborative 
     applicants; and
       ``(B) approved by the Secretary;
       ``(8) for each project sponsor funded by the collaborative 
     applicant through a grant under subtitle C--
       ``(A) include a performance evaluation (which may include 
     information from the reports described in subsection (a) and 
     section 422(c)(1)(B)(vii)) of each project carried out by the 
     project sponsor, based on the outcome-based evaluation 
     measures described in section 402(h)(2)(A), the measurements 
     described in section 423(a)(7), and the evaluation plan for 
     the project described in section 426(b)(8) and resulting from 
     the monitoring described in sections 402(h)(1)(A) and 
     426(c)(3); and
       ``(B) include a report, resulting from a survey, audit or 
     evaluation conducted under section 402(h)(5)(B), detailing 
     whether the project sponsor has carried out the recordkeeping 
     and reporting requirements of section 402(h)(5); and
       ``(9) provide such other information as the Secretary finds 
     relevant to assessing performance, including performance on 
     success measures that are risk-adjusted to factors related to 
     the circumstances of the population served.
       ``(c) Waiver.--The Secretary may grant a waiver to any 
     collaborative applicant that is unable to provide information 
     required by subsection (b). Such collaborative applicant 
     shall submit a plan to provide such information within a 
     reasonable period of time.
       ``(d) Monitoring by the Secretary.--
       ``(1) Collaborative applicants.--Each year, the Secretary 
     shall--
       ``(A) ensure that each collaborative applicant has complied 
     with the requirements of subsection (b)(8) and section 
     402(h)(5);
       ``(B) require each collaborative applicant receiving funds 
     under subtitle C to establish such fiscal control and fund 
     accounting procedures as may be necessary to assure the 
     proper disbursal of, and accounting for, Federal funds 
     awarded to the collaborative applicant under subtitle C in 
     order to ensure that all financial transactions carried out 
     under subtitle C are conducted, and records maintained, in 
     accordance with generally accepted accounting principles; and
       ``(C) for a selected sample of collaborative applicants 
     receiving funds under subtitle C--
       ``(i) ensure that each selected collaborative applicant has 
     satisfactorily carried out the recordkeeping and reporting 
     requirements of subsections (a) and (b), section 426(c)(3), 
     and, if applicable, section 426(c)(6); and
       ``(ii) survey, audit, or evaluate the financial records of 
     each selected collaborative applicant receiving funds under 
     subtitle C to carry out section 423(a)(7)(A), using Federal 
     auditors.
       ``(2) Project sponsors.--Each year, the Secretary shall 
     select a sample of project sponsors and shall conduct a 
     performance evaluation of each project of each selected 
     project sponsor funded under subtitle C, using the outcome-
     based evaluation measures developed by the appropriate 
     collaborative applicant in accordance with section 
     402(h)(2)(A) and including the measurements described in 
     section 423(a)(7).
       ``(e) Action by Secretary.--Based on the information 
     available to the Secretary, including information obtained 
     pursuant to subsections (b) and (d), the Secretary may 
     adjust, reduce, or withdraw amounts made available (or that 
     would otherwise be made available) to collaborative 
     applicants, or take other action as appropriate (including 
     designating another body as a collaborative applicant, or 
     permitting other collaborative entities to apply directly for 
     grants under subtitle C), except that amounts already 
     properly expended on eligible activities under this title may 
     not be recaptured by the Secretary.''; and

[[Page S10754]]

       (5) by inserting after section 406 (as redesignated in 
     paragraph (2)) the following:

     ``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out 
     title II and this title $1,600,000,000 for fiscal year 2006 
     and such sums as may be necessary for fiscal years 2007, 
     2008, 2009, and 2010.''.

     SEC. 5. EMERGENCY SHELTER GRANTS PROGRAM.

       Subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11371 et seq.) is amended--
       (1) by striking section 412 (42 U.S.C. 11372) and inserting 
     the following:

     ``SEC. 412. GRANT ASSISTANCE.

       ``The Secretary shall make grants to States and local 
     governments (and to private nonprofit organizations providing 
     assistance to persons experiencing homelessness, in the case 
     of grants made with reallocated amounts) for the purpose of 
     carrying out activities described in section 414.

     ``SEC. 412A. AMOUNT AND ALLOCATION OF ASSISTANCE.

       ``(a) In General.--Of the amount made available to carry 
     out this subtitle and subtitle C for a fiscal year, the 
     Secretary shall allocate nationally not more than 15 percent 
     of such amount for activities described in section 414.
       ``(b) Allocation.--An entity that receives a grant under 
     section 412, and serves an area that includes 1 or more 
     geographic areas (or portions of such areas) served by 
     collaborative applicants that submit applications under 
     subtitle C, shall allocate the funds made available through 
     the grant to carry out activities described in section 414, 
     in consultation with the collaborative applicants.'';
       (2) in section 413(b) (42 U.S.C. 11373(b)), by striking 
     ``amounts appropriated'' and all that follows through ``for 
     any'' and inserting ``amounts appropriated under section 407 
     and made available to carry out this subtitle for any'';
       (3) by striking section 414 (42 U.S.C. 11374) and inserting 
     the following:

     ``SEC. 414. ELIGIBLE ACTIVITIES.

       ``(a) In General.--Assistance provided under section 412 
     may be used for the following activities:
       ``(1) The renovation, major rehabilitation, or conversion 
     of buildings to be used as emergency shelters.
       ``(2) The provision of essential services, including 
     services concerned with employment, health, or education, 
     family support services for homeless youth, alcohol or drug 
     abuse prevention or treatment, or mental health treatment, if 
     such essential services have not been provided by the local 
     government during any part of the immediately preceding 12-
     month period, or the use of assistance under this subtitle 
     would complement the provision of those essential services.
       ``(3) Maintenance, operation insurance, provision of 
     utilities, and provision of furnishings.
       ``(4) Efforts to prevent homelessness, such as the 
     provision of financial assistance to families who have 
     received eviction notices or notices of termination of 
     utility services, if--
       ``(A) the inability of such a family to make the required 
     payments is due to a sudden reduction in income;
       ``(B) the assistance is necessary to avoid the eviction or 
     termination of services;
       ``(C) there is a reasonable prospect that the family will 
     be able to resume the payments within a reasonable period of 
     time; and
       ``(D) funds appropriated for the assistance will not 
     supplant funding for homelessness prevention activities from 
     other sources (other funds made available under this Act).
       ``(b) Limitation.--Not more than 30 percent of the 
     aggregate amount of all assistance to a State or local 
     government under this subtitle may be used for activities 
     under subsection (a)(4).''; and
       (4) by repealing sections 417 and 418 (42 U.S.C. 11377, 
     11378).

     SEC. 6. HOMELESS ASSISTANCE PROGRAM.

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

              ``Subtitle C--Homeless Assistance Program'';

       (2) by striking sections 421 through 423 (42 U.S.C. 11381 
     et seq.) and inserting the following:

     ``SEC. 421. PURPOSES.

       ``The purposes of this subtitle are--
       ``(1) to promote the implementation of activities that can 
     prevent vulnerable individuals and families from becoming 
     homeless;
       ``(2) to promote the development of transitional and 
     permanent housing, including low-demand housing;
       ``(3) to promote access to and effective utilization of 
     mainstream programs identified by the Government 
     Accountability Office in the 2 reports described in section 
     102(a)(5)(B) and programs funded with State or local 
     resources; and
       ``(4) to optimize self-sufficiency among individuals 
     experiencing homelessness.

     ``SEC. 422. COMMUNITY HOMELESS ASSISTANCE PROGRAM.

       ``(a) Projects.--The Secretary shall award grants to 
     collaborative applicants to carry out homeless assistance and 
     prevention projects, either directly or by awarding funds to 
     project sponsors to carry out the projects.
       ``(b) Notification of Funding Availability.--The Secretary 
     shall release a Notification of Funding Availability for 
     grants awarded under this subtitle for a fiscal year not 
     later than 3 months after the date of enactment of the 
     appropriate Act making appropriations for the Department of 
     Housing and Urban Development for the fiscal year.
       ``(c) Applications.--
       ``(1) Submission to the secretary.--To receive a grant 
     under subsection (a), a collaborative applicant shall submit 
     an application to the Secretary at such time and in such 
     manner as the Secretary may require, and containing--
       ``(A) the information described in subsections (a) and (c) 
     of section 426; and
       ``(B) other information that shall--
       ``(i) describe the establishment (or designation) and 
     function of the collaborative applicant, including--

       ``(I) the nomination and selection process, including the 
     names and affiliations of all members of the collaborative 
     applicant; or
       ``(II) all meetings held by the collaborative applicant in 
     preparing the application, including identification of those 
     meetings that were public; and
       ``(III) all meetings between representatives of the 
     collaborative applicant, and persons responsible for 
     administering the Consolidated Plan;

       ``(ii) outline the range of housing and service programs 
     available to persons experiencing homelessness or imminently 
     at risk of experiencing homelessness and describe the unmet 
     needs that remain in the geographic area for which the 
     collaborative applicant seeks funding regarding--

       ``(I) prevention activities, including providing assistance 
     in--

       ``(aa) making mortgage, rent, or utility payments; or
       ``(bb) accessing permanent housing and transitional housing 
     for individuals (and families that include the individuals) 
     who are being discharged from a publicly funded facility, 
     program, or system of care, or whose services (from such a 
     facility, program, or system of care) are being terminated;

       ``(II) outreach activities to assess the needs and 
     conditions of persons experiencing homelessness, including 
     significant subpopulations of such persons, including 
     individuals with disabilities, veterans, victims of domestic 
     violence, homeless children and youths (as defined in section 
     725), and chronically homeless individuals and families;
       ``(III) emergency shelters, including the supportive and 
     referral services the shelters provide;
       ``(IV) transitional housing with appropriate supportive 
     services to help persons experiencing homelessness who are 
     not yet able or prepared to make the transition to permanent 
     housing and independent living;
       ``(V) permanent housing to help meet the long-term needs of 
     individuals and families experiencing homelessness; and
       ``(VI) needed supportive services, including services for 
     children;

       ``(iii) prioritize the projects for which the collaborative 
     applicant seeks funding according to the unmet needs in the 
     fiscal year for which the applicant submits the application 
     as described in clause (ii);
       ``(iv) identify funds from private and public sources, 
     other than funds received under subtitles B and C, that the 
     State, units of general local government, recipients, project 
     sponsors, and others will use for homelessness prevention, 
     outreach, emergency shelter, supportive services, 
     transitional housing, and permanent housing, that will be 
     integrated with the assistance provided under subtitles B and 
     C;
       ``(v) identify funds provided by the State and units of 
     general local government under programs targeted for persons 
     experiencing homelessness, and other programs for which 
     persons experiencing homelessness are eligible, including 
     mainstream programs identified by the Government 
     Accountability Office in the 2 reports described in section 
     102(a)(5)(B);
       ``(vi) explain--

       ``(I) how the collaborative applicant will meet the housing 
     and service needs of individuals and families experiencing 
     homelessness in the applicant's community; and
       ``(II) how the collaborative applicant will integrate the 
     activities described in the application with the strategy of 
     the State, units of general local government, and private 
     entities in the geographic area over the next 5 years to 
     prevent and end homelessness, including, as part of that 
     strategy, a work plan for the applicable fiscal years;

       ``(vii) report on the outcome-based performance of the 
     homeless programs within the geographic area served by the 
     collaborative applicant that were funded under this title in 
     the fiscal year prior to the fiscal year in which the 
     application is submitted;
       ``(viii) include any relevant required agreements under 
     subtitle C;
       ``(ix) contain a certification of consistency with the 
     Consolidated Plan pursuant to section 403;
       ``(x) include an exhibit described in section 
     402(h)(1)(B)(iii) and prepared by the collaborative applicant 
     in accordance with that section; and
       ``(xi) contain a certification that project sponsors for 
     all projects for which the collaborative applicant seeks 
     funding through the grant will establish policies and 
     practices that are consistent with, and do not restrict the 
     exercise of rights provided by, subtitle B of title VII, and 
     other laws relating to the provision of educational and 
     related services to individuals experiencing homelessness.

[[Page S10755]]

       ``(2) Consideration.--In outlining the programs and 
     describing the needs referred to in paragraph (1)(A)(ii), the 
     collaborative applicant shall take into account the findings 
     and recommendations of the most recently completed annual 
     assessments, conducted pursuant to section 2034 of title 38, 
     United States Code, of the Department of Veterans Affairs 
     medical centers or regional benefits offices whose service 
     areas include the geographic area described in paragraph 
     (1)(A)(ii).
       ``(3) Announcement of awards.--The Secretary shall 
     announce, within 4 months after the last date for the 
     submission of applications described in this subsection for a 
     fiscal year, the grants conditionally awarded under 
     subsection (a) for that fiscal year.
       ``(4) Obligation, distribution, and utilization of funds.--
       ``(A) Requirements for obligation.--
       ``(i) In general.--Not later than 9 months after the 
     announcement referred to in paragraph (3), each recipient of 
     a grant announced under paragraph (3) shall, with respect to 
     a project to be funded through such grant, meet, or cause the 
     project sponsor to meet, all requirements for the obligation 
     of funds for such project, including site control, matching 
     funds, and environmental review requirements, except as 
     provided in clause (ii).
       ``(ii) Acquisition, rehabilitation, or construction.--Not 
     later than 15 months after the announcement referred to in 
     paragraph (3), each recipient or project sponsor seeking the 
     obligation of funds for acquisition of housing, 
     rehabilitation of housing, or construction of new housing for 
     a grant announced under paragraph (3) shall meet all 
     requirements for the obligation of those funds, including 
     site control, matching funds, and environmental review 
     requirements.
       ``(iii) Extensions.--At the discretion of the Secretary, 
     and in compelling circumstances, the Secretary may extend the 
     date by which a recipient shall meet or cause a project 
     sponsor to meet the requirements described in clause (i) if 
     the Secretary determines that compliance with the 
     requirements was delayed due to factors beyond the reasonable 
     control of the recipient or project sponsor. Such factors may 
     include difficulties in obtaining site control for a proposed 
     project, completing the process of obtaining secure financing 
     for the project, or completing the technical submission 
     requirements for the project.
       ``(B) Obligation.--Not later than 45 days after a recipient 
     meets or causes a project sponsor to meet the requirements 
     described in subparagraph (A), the Secretary shall obligate 
     the funds for the grant involved.
       ``(C) Distribution.--A recipient that receives funds 
     through such a grant--
       ``(i) shall distribute the funds to project sponsors (in 
     advance of expenditures by the project sponsors); and
       ``(ii) shall distribute the appropriate portion of the 
     funds to a project sponsor not later than 45 days after 
     receiving a request for such distribution from the project 
     sponsor.
       ``(D) Expenditure of funds.--The Secretary may establish a 
     date by which funds made available through a grant announced 
     under paragraph (3) for a homeless assistance and prevention 
     project shall be entirely expended by the recipient or 
     project sponsors involved. The Secretary shall recapture the 
     funds not expended by such date. The Secretary shall 
     reallocate the funds for another homeless assistance and 
     prevention project that meets the requirements of this 
     subtitle to be carried out, if possible and appropriate, in 
     the same geographic area as the area served through the 
     original grant.
       ``(d) Notification of Pro Rata Estimated Need Amounts.--
       ``(1) Notice.--The Secretary shall inform each 
     collaborative applicant, at a time concurrent with the 
     release of the Notice of Funding Availability for the grants, 
     of the pro rata estimated need amount under this subtitle for 
     the geographic area represented by the collaborative 
     applicant.
       ``(2) Amount.--
       ``(A) Basis.--Such estimated need amount shall be based on 
     a percentage of the total funds available, or estimated to be 
     available, to carry out this subtitle for any fiscal year 
     that is equal to the percentage of the total amount available 
     for section 106 of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5306) for the prior fiscal year that--
       ``(i) was allocated to all metropolitan cities and urban 
     counties within the geographic area represented by the 
     collaborative applicant; or
       ``(ii) would have been distributed to all counties within 
     such geographic area that are not urban counties, if the 30 
     percent portion of the allocation to the State involved (as 
     described in subsection (d)(1) of that section 106) for that 
     year had been distributed among the counties that are not 
     urban counties in the State in accordance with the formula 
     specified in that subsection (with references in that 
     subsection to nonentitlement areas considered to be 
     references to those counties).
       ``(B) Rule.--In computing the estimated need amount, the 
     Secretary shall adjust the estimated need amount determined 
     pursuant to subparagraph (A) to ensure that--
       ``(i) 75 percent of the total funds available, or estimated 
     to be available, to carry out this subtitle for any fiscal 
     year are allocated to the metropolitan cities and urban 
     counties that received a direct allocation of funds under 
     section 413 for the prior fiscal year; and
       ``(ii) 25 percent of the total funds available, or 
     estimated to be available, to carry out this subtitle for any 
     fiscal year are allocated--

       ``(I) to the metropolitan cities and urban counties that 
     did not receive a direct allocation of funds under section 
     413 for the prior fiscal year; and
       ``(II) to counties that are not urban counties.

       ``(C) Combinations or consortia.--For a collaborative 
     applicant that represents a combination or consortium of 
     cities or counties, the estimated need amount shall be the 
     sum of the estimated need amounts for the cities or counties 
     represented by the collaborative applicant.
       ``(D) Authority of secretary.--The Secretary may increase 
     the estimated need amount for a geographic area if necessary 
     to provide 1 year of renewal funding for all expiring 
     contracts entered into under this subtitle for the geographic 
     area.
       ``(e) Appeals.--
       ``(1) In general.--Not later than 3 months after the date 
     of enactment of the Community Partnership to End Homelessness 
     Act of 2005, the Secretary shall establish a timely appeal 
     procedure for grant amounts awarded or denied under this 
     subtitle pursuant to an application for funding.
       ``(2) Process.--The Secretary shall ensure that the 
     procedure permits appeals submitted by collaborative 
     applicants, entities carrying out homeless housing and 
     services projects (including emergency shelters and 
     homelessness prevention programs), homeless planning bodies 
     not designated by the Secretary as collaborative applicants.
       ``(f) Renewal Funding for Unsuccessful Applicants.--The 
     Secretary may renew funding for a specific project previously 
     funded under this subtitle that the Secretary determines is 
     worthy, and was included as part of a total application that 
     met the criteria of subsection (c), even if the application 
     was not selected to receive grant assistance. The Secretary 
     may renew the funding for a period of not more than 1 year, 
     and under such conditions as the Secretary determines to be 
     appropriate.

     ``SEC. 423. ELIGIBLE ACTIVITIES.

       ``(a) In General.--The Secretary may award grants to 
     qualified collaborative applicants under section 422 to carry 
     out homeless assistance and prevention projects that consist 
     of 1 or more of the following eligible activities:
       ``(1) Construction of new housing units to provide 
     transitional or permanent housing.
       ``(2) Acquisition or rehabilitation of a structure to 
     provide supportive services or to provide transitional or 
     permanent housing, other than emergency shelter.
       ``(3) Leasing of property, or portions of property, not 
     owned by the recipient or project sponsor involved, for use 
     in providing transitional or permanent housing, or providing 
     supportive services.
       ``(4) Provision of rental assistance to provide 
     transitional or permanent housing to eligible persons. The 
     rental assistance may include tenant-based or project-based 
     rental assistance.
       ``(5) Payment of operating costs for housing units assisted 
     under this subtitle.
       ``(6)(A) Through the end of the final determination year 
     (as described in subparagraph (C)(iii)), the supportive 
     services described in section 425(c), for both new projects 
     and projects receiving renewal funding.
       ``(B) After that final determination year, for both new 
     projects and projects receiving renewal funding, services 
     providing job training, case management, outreach services, 
     life skills training, housing counseling services, and other 
     services determined by the Secretary (either at the 
     Secretary's initiative or on the basis of adequate 
     justification by an applicant) to be directly relevant to 
     allowing persons experiencing homelessness to access and 
     retain housing.
       ``(C)(i) Not later than 30 days after the end of the fiscal 
     year in which the date of enactment of the Community 
     Partnership to End Homelessness Act of 2005 occurs (referred 
     to in this paragraph as the `initial year'), the Government 
     Accountability Office, after consultation with the 
     congressional committees with jurisdiction over the services 
     referred to in this pararaph, shall determine--
       ``(I) the amount of Federal funds (other than funds made 
     available under this subtitle) that were made available to 
     fund the supportive services described in section 425(c), 
     other than the services described in subparagraph (B) 
     (referred to in this paragraph as the `outside supportive 
     services amount') for that initial year; and
       ``(II) the amount of Federal funds made available under 
     this subtitle to fund the supportive services described in 
     section 425(c), other than the services described in 
     subparagraph (B) (referred to in this paragraph as the 
     `subtitle B supportive services amount') for that initial 
     year.
       ``(ii) Not later than 30 days after the end of the third 
     full fiscal year after that date of enactment and of each 
     subsequent fiscal year (referred to in this paragraph as the 
     `determination year') until the final determination year 
     described in clause (iii), the Government Accountability 
     Office, after consultation with the committees described in 
     clause (i), shall--
       ``(I) determine the outside supportive services amount for 
     that determination year;
       ``(II) calculate the increase in the outside supportive 
     services amount, by subtracting

[[Page S10756]]

     the outside supportive services amount for the initial year 
     from the outside supportive services amount for that 
     determination year;
       ``(III) make--
       ``(aa) a positive determination that the increase is 
     greater than or equal to the subtitle B supportive services 
     amount for the initial year; or
       ``(bb) a negative determination that that increase is less 
     than that amount; and
       ``(IV) submit a report regarding that determination year, 
     and containing the positive or negative determination, to the 
     Secretary.
       ``(iii) On receipt of such a report regarding a 
     determination year that contains a positive determination, 
     the Secretary may publish a notice in the Federal Register, 
     containing a proposed order that subparagraph (B) shall apply 
     for subsequent fiscal years, and seeking public comment for a 
     period of not less than 60 days. At the end of the comment 
     period, the Secretary may issue a final order that 
     subparagraph (B) shall apply for subsequent fiscal years. If 
     the Secretary issues that final order, the determination year 
     shall be considered to be the final determination year for 
     purposes of this subparagraph.
       ``(iv) If the Secretary does not issue a final order under 
     clause (iii), subparagraph (A) shall apply for the fiscal 
     year following the determination year.
       ``(7)(A) In the case of a collaborative applicant that is a 
     legal entity, payment of administrative costs related to 
     planning, administering grand awards for, monitoring, and 
     evaluating projects, and ensuring compliance with homeless 
     management information system requirements described in 
     section 402(j)(2), for which the collaborative applicant may 
     use not more than 6 percent of the total funds made available 
     through the grant. A project sponsor receiving funds from the 
     collaborative applicant may use not more than an additional 5 
     percent of the total funds made available through the grant 
     for such administrative costs.
       ``(B) For purposes of this paragraph, monitoring and 
     evaluating shall include--
       ``(i) measuring the outcomes of the homeless assistance 
     planning process of a collaborative applicant for preventing 
     and ending homelessness;
       ``(ii) the effective and timely implementation of specific 
     projects funded under this subtitle, relative to projected 
     outcomes; and
       ``(iii) in the case of a housing project funded under this 
     subtitle, compliance with appropriate standards of housing 
     quality and habitability as determined by the Secretary.
       ``(8) Prevention activities (for which a collaborative 
     applicant may use not more than 5 percent of the funds made 
     available through the grant), including--
       ``(A) providing financial assistance to individuals or 
     families who have received eviction notices, foreclosure 
     notices, or notices of termination of utility services if, in 
     the case of such an individual or family--
       ``(i) the inability of the individual or family to make the 
     required payments is due to a sudden reduction in income;
       ``(ii) the assistance is necessary to avoid the eviction, 
     foreclosure, or termination of services; and
       ``(iii) there is a reasonable prospect that the individual 
     or family will be able to resume the payments within a 
     reasonable period of time;
       ``(B) carrying out relocation activities (including 
     providing security or utility deposits, rental assistance for 
     a final month at a location, assistance with moving costs, or 
     rental assistance for not more than 3 months) for moving into 
     transitional or permanent housing, individuals, and families 
     that include such individuals--
       ``(i) who lack housing;
       ``(ii) who are being discharged from a publicly funded 
     acute care or long-term care facility, program, or system of 
     care, or whose services (from such a facility, program, or 
     system of care) are being terminated; and
       ``(iii) who have plans, developed collaboratively by the 
     public entities involved and the individuals and families, 
     for securing or maintaining housing after any funding 
     provided under this subtitle is utilized; and
       ``(C) providing family support services that promote 
     reunification of--
       ``(i) youth experiencing homelessness, with their families; 
     and
       ``(ii) children or youth involved with the child welfare or 
     juvenile justice systems, with their parents or guardians.
       ``(b) Eligibility for Funds for Prevention Activities.--To 
     be eligible to receive grant funds under section 422 to carry 
     out the prevention activities described in subsection (a)(8), 
     an applicant shall submit an application to the Secretary 
     under section 422 that shall include a certification in 
     which--
       ``(1) the relevant public entities in the geographic area 
     involved certify compliance with subsection (c); and
       ``(2) the publicly funded institutions, facilities, and 
     systems of care in the geographic area certify that the 
     institutions, facilities, and systems of care will take, and 
     fund directly, all reasonable measures to ensure that the 
     institutions, facilities, and systems of care do not 
     discharge individuals into homelessness.
       ``(c) Supplement, Not Supplant.--Funds appropriated under 
     section 407 and made available for prevention activities 
     described in subsection (a)(8) shall be used to supplement 
     and not supplant other Federal, State, and local public funds 
     used for homelessness prevention.
       ``(d) Use Restrictions.--
       ``(1) Acquisition, rehabilitation, and new construction.--A 
     project that consists of activities described in paragraph 
     (1) or (2) of subsection (a) shall be operated for the 
     purpose specified in the application submitted for the 
     project under section 422 for not less than 15 years.
       ``(2) Other activities.--A project that consists of 
     activities described in any of paragraphs (3) through (8) of 
     subsection (a) shall be operated for the purpose specified in 
     the application submitted for the project under section 422 
     for the duration of the grant period involved.
       ``(3) Conversion.--If the recipient or project sponsor 
     carrying out a project that provides transitional or 
     permanent housing submits a request to the collaborative 
     applicant involved to carry out instead a project for the 
     direct benefit of low-income persons, and the collaborative 
     applicant determines that the initial project is no longer 
     needed to provide transitional or permanent housing, the 
     collaborative applicant may recommend that the Secretary 
     approve the project described in the request and authorize 
     the recipient or project sponsor to carry out that project. 
     If the collaborative applicant is the recipient or project 
     sponsor, it shall submit such a request directly to the 
     Secretary who shall determine if the conversion of the 
     project is appropriate.
       ``(e) Incentives To Create New Permanent Housing Stock.--
       ``(1) Awards.--
       ``(A) In general.--In making grants to collaborative 
     applicants under section 422, the Secretary shall make awards 
     that provide the incentives described in paragraph (2) to 
     promote the creation of new permanent housing units through 
     the construction, or acquisition and rehabilitation, of 
     permanent housing units, that are owned by a project sponsor 
     or other independent entity who entered into a contract with 
     a recipient or project sponsor, for--
       ``(i) chronically homeless individuals and chronically 
     homeless families; and
       ``(ii) nondisabled homeless families.
       ``(B) Limitation.--In awarding funds under this subsection, 
     the Secretary shall not award more than 10 percent of the 
     funds for project sponsors or independent entities that 
     propose to serve nondisabled homeless families.
       ``(2) Assistance.--
       ``(A) Individuals with disabilities.--A collaborative 
     applicant that receives assistance under section 422 to 
     implement a project that involves the construction, or 
     acquisition and rehabilitation, of new permanent housing 
     units described in paragraph (1), for individuals and 
     families described in paragraph (1)(A)(i), shall also 
     receive, as part of the grant, incentives consisting of--
       ``(i) funds sufficient to provide not more than 10 years of 
     rental assistance, renewable in accordance with section 428;
       ``(ii) a bonus in an amount to be determined by the 
     Secretary to carry out activities described in this section; 
     and
       ``(iii) the technical assistance needed to ensure the 
     financial viability and programmatic effectiveness of the 
     project.
       ``(B) Nondisabled homeless families.--A collaborative 
     applicant that receives assistance under section 422 to 
     implement a project that involves the construction, or 
     acquisition and rehabilitation, of new permanent housing 
     units described in paragraph (1), for nondisabled homeless 
     families, shall also receive incentives consisting of--
       ``(i) a bonus in an amount to be determined by the 
     Secretary to carry out activities described in this section; 
     and
       ``(ii) the technical assistance needed to ensure the 
     financial viability and programmatic effectiveness of the 
     project.
       ``(3) Eligible applicants.--To be eligible to receive a 
     grant under this subtitle to carry out activities to create 
     new permanent housing stock for individuals and families 
     described in paragraph (1), an applicant shall be a 
     collaborative applicant as described in this subtitle, a 
     private nonprofit or for profit organization, a public-
     private partnership, a public housing agency, or an 
     instrumentality of a State or local government.
       ``(4) Location.--To the extent practicable, a collaborative 
     applicant that receives a grant under this subtitle to create 
     new permanent housing stock shall ensure that the housing is 
     located in a mixed-income environment.
       ``(5) Definition.--In this subsection, the term 
     `nondisabled homeless family' means a homeless family that 
     does not have an adult head of household with a disabling 
     condition, as defined in section 401(1)(B).
       ``(f) Repayment of Assistance and Prevention of Undue 
     Benefits.--
       ``(1) Repayment.--If a recipient (or a project sponsor 
     receiving funds from the recipient) receives assistance under 
     section 422 to carry out a project that consists of 
     activities described in paragraph (1) or (2) of subsection 
     (a) and the project ceases to provide transitional or 
     permanent housing--
       ``(A) earlier than 10 years after operation of the project 
     begins, the Secretary shall require the recipient (or the 
     project sponsor receiving funds from the recipient) to repay 
     100 percent of the assistance; or
       ``(B) not earlier than 10 years, but earlier than 15 years, 
     after operation of the project begins, the Secretary shall 
     require the recipient (or the project sponsor receiving funds 
     from the recipient) to repay 20 percent of the assistance for 
     each of the years in the 15-year period for which the project 
     fails to provide that housing.

[[Page S10757]]

       ``(2) Prevention of undue benefits.--Except as provided in 
     paragraph (3), if any property is used for a project that 
     receives assistance under subsection (a) and consists of 
     activities described in paragraph (1) or (2) of subsection 
     (a), and the sale or other disposition of the property occurs 
     before the expiration of the 15-year period beginning on the 
     date that operation of the project begins, the recipient (or 
     the project sponsor receiving funds from the recipient) who 
     received the assistance shall comply with such terms and 
     conditions as the Secretary may prescribe to prevent the 
     recipient (or a project sponsor receiving funds from the 
     recipient) from unduly benefitting from such sale or 
     disposition.
       ``(3) Exception.--A recipient (or a project sponsor 
     receiving funds from the recipient) shall not be required to 
     make the repayments, and comply with the terms and 
     conditions, required under paragraph (1) or (2) if--
       ``(A) the sale or disposition of the property used for the 
     project results in the use of the property for the direct 
     benefit of very low-income persons; or
       ``(B) all of the proceeds of the sale or disposition are 
     used to provide transitional or permanent housing meeting the 
     requirements of this subtitle.'';
       (3) in section 425 (42 U.S.C. 11385), by striking 
     subsection (c) and inserting the following:
       ``(c) Services.--Subject to section 423(a)(6), supportive 
     services may include such services as--
       ``(1) establishing and operating a child care services 
     program for families experiencing homelessness;
       ``(2) establishing and operating an employment assistance 
     program, including providing job training;
       ``(3) providing outpatient health services, food, and case 
     management;
       ``(4) providing assistance in obtaining permanent housing, 
     employment counseling, and nutritional counseling;
       ``(5) providing outreach services, life skills training, 
     and housing search and counseling services;
       ``(6) providing assistance in obtaining other Federal, 
     State, and local assistance available for residents of 
     supportive housing (including mental health benefits, 
     employment counseling, and medical assistance, but not 
     including major medical equipment);
       ``(7) providing legal services for purposes including 
     requesting reconsiderations and appeals of veterans and 
     public benefit claim denials and resolving outstanding 
     warrants that interfere with an individual's ability to 
     obtain and retain housing;
       ``(8) providing--
       ``(A) transportation services that facilitate an 
     individual's ability to obtain and maintain employment;
       ``(B) income assistance;
       ``(C) health care; and
       ``(D) other supportive services necessary to obtain and 
     maintain housing; and
       ``(9) providing other services determined by the Secretary 
     (either at the Secretary's initiative or on the basis of 
     adequate justification by an applicant) to be directly 
     relevant to allowing persons experiencing homelessness to 
     access and retain housing.'';
       (4) in section 426 (42 U.S.C. 11386)--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``Applications'' and all 
     that follows through ``shall'' and inserting ``Applications 
     for assistance under section 422 shall'';
       (ii) in paragraph (2)--

       (I) by striking subparagraph (B) and inserting the 
     following:

       ``(B) a description of the size and characteristics of the 
     population that would occupy housing units or receive 
     supportive services assisted under this subtitle;''; and

       (II) in subparagraph (E), by striking ``in the case of 
     projects assisted under this title that do not receive 
     assistance under such sections,''; and

       (iii) in paragraph (3), in the last sentence, by striking 
     ``recipient'' and inserting ``recipient (or a project sponsor 
     receiving funds from the recipient)'';
       (B) by striking subsections (b) and (c) and inserting:
       ``(b) Selection Criteria.--The Secretary shall award funds 
     to collaborative applicants, and other eligible applicants 
     that have been approved by the Secretary, by a national 
     competition based on criteria established by the Secretary, 
     which shall include--
       ``(1) the capacity of the applicant based on the past 
     performance and management of the applicant;
       ``(2) if applicable, previous performance regarding 
     homelessness prevention, housing, and services programs 
     funded in any fiscal year prior to the date of submission of 
     the application;
       ``(3) the plan by which--
       ``(A) access to appropriate permanent housing will be 
     secured if the proposed project does not include permanent 
     housing; and
       ``(B) access to outcome-effective supportive services will 
     be secured for residents or consumers involved in the project 
     who are willing to use the services;
       ``(4) if applicable, the extent to which an evaluation for 
     the project will--
       ``(A) use periodically collected information and analysis 
     to determine whether the project has resulted in enhanced 
     stability and well-being of the residents or consumers served 
     by the project;
       ``(B) include evaluations obtained directly from the 
     individuals or families served by the project; and
       ``(C) be submitted by the project sponsors for the grant, 
     to the collaborative applicant, for review and use in 
     assessments, conducted by the collaborative applicant, 
     consistent with the duty of the collaborative applicant to 
     ensure effective outcomes that contribute to the goal of 
     preventing and ending homelessness in the geographic area 
     served by the collaborative applicant;
       ``(5) the need for the type of project proposed in the 
     geographic area to be served and the extent to which 
     prioritized programs meet unmet needs;
       ``(6) the extent to which the amount of assistance to be 
     provided under this subtitle will be supplemented with 
     resources from other public and private sources, including 
     mainstream programs identified by the Government 
     Accountability Office in the 2 reports described in section 
     102(a)(5)(B);
       ``(7) demonstrated coordination with the other Federal, 
     State, local, private, and other entities serving individuals 
     experiencing homelessness in the planning and operation of 
     projects, to the extent practicable;
       ``(8) the extent to which the membership of the 
     collaborative applicant involved represents the composition 
     described in section 402(b) and the extent of membership 
     involvement in the application process; and
       ``(9) such other factors as the Secretary determines to be 
     appropriate to carry out this subtitle in an effective and 
     efficient manner.
       ``(c) Required Agreements.--The Secretary may not provide 
     assistance for a proposed project under this subtitle unless 
     the collaborative applicant involved agrees--
       ``(1) to ensure the operation of the project in accordance 
     with the provisions of this subtitle;
       ``(2) to conduct an ongoing assessment of access to 
     mainstream programs referred to in subsection (b)(4);
       ``(3) to monitor and report to the Secretary the progress 
     of the project;
       ``(4) to develop and implement procedures to ensure--
       ``(A) the confidentiality of records pertaining to any 
     individual provided family violence prevention or treatment 
     services through the project; and
       ``(B) that the address or location of any family violence 
     shelter project assisted under this subtitle will not be made 
     public, except with written authorization of the person 
     responsible for the operation of such project;
       ``(5) to ensure, to the maximum extent practicable, that 
     individuals and families experiencing homelessness are 
     involved, through employment, provision of volunteer 
     services, or otherwise, in constructing, rehabilitating, 
     maintaining, and operating facilities for the project and in 
     providing supportive services for the project;
       ``(6) if a collaborative applicant receives funds under 
     subtitle C to carry out the payment of administrative costs 
     described in section 423(a)(7), to establish such fiscal 
     control and fund accounting procedures as may be necessary to 
     assure the proper disbursal of, and accounting for, such 
     funds in order to ensure that all financial transactions 
     carried out with such funds are conducted, and records 
     maintained, in accordance with generally accepted accounting 
     principles; and
       ``(7) to comply with such other terms and conditions as the 
     Secretary may establish to carry out this subtitle in an 
     effective and efficient manner.'';
       (C) in subsection (d), in the first sentence, by striking 
     ``recipient'' and inserting ``recipient or project sponsor'';
       (D) by striking subsection (e);
       (E) by redesignating subsections (f), (g), and (h), as 
     subsections (e), (f), and (g), respectively;
       (F) in subsection (f) (as redesignated in subparagraph 
     (E)), in the first sentence, by striking ``recipient'' each 
     place it appears and inserting ``recipient or project 
     sponsor'';
       (G) by striking subsection (i); and
       (H) by redesignating subsection (j) as subsection (h);
       (5)(A) by repealing section 429 (42 U.S.C. 11389); and
       (B) by redesignating sections 427 and 428 (42 U.S.C. 11387, 
     11388) as sections 431 and 432, respectively; and
       (6) by inserting after section 426 the following:

     ``SEC. 427. ALLOCATION AMOUNTS AND INCENTIVES FOR SPECIFIC 
                   ELIGIBLE ACTIVITIES.

       ``(a) Purpose.--The Secretary shall promote--
       ``(1) permanent housing development activities for--
       ``(A) homeless individuals with disabilities and homeless 
     families that include such an individual; and
       ``(B) nondisabled homeless families; and
       ``(2) prevention activities described in section 423(a)(8).
       ``(b) Definition.--In this section, the term `nondisabled 
     homeless family' means a homeless family that does not 
     include a homeless individual with a disability.
       ``(c) Annual Portion of Appropriated Amount Available.--
       ``(1) Disabled homeless individuals and families.--
       ``(A) In general.--From the amount made available to carry 
     out this subtitle for a fiscal year, a portion equal to not 
     less than 30 percent of the sums made available to carry

[[Page S10758]]

     out subtitle B and this subtitle for that fiscal year shall 
     be used for activities to develop new permanent housing, in 
     order to help create affordable permanent housing for 
     homeless individuals with disabilities and homeless families 
     that include such an individual who is an adult.
       ``(B) Calculation.--In calculating the portion of the 
     amount described in subparagraph (A) that is used for 
     activities described in subparagraph (A), the Secretary shall 
     not count funds made available to renew contracts for 
     existing projects (in existence as of the date of the 
     renewal) under section 428.
       ``(2) Prevention activities.--From the amount made 
     available to carry out this subtitle for a fiscal year, a 
     portion equal to not more than 5 percent of the sums 
     described in paragraph (1) shall be used for prevention 
     activities described in section 423(a)(8).
       ``(d) Funding for Acquisition, Construction, and 
     Rehabilitation of Permanent or Transitional Housing.--Nothing 
     in this Act shall be construed to establish a limit on the 
     amount of funding that an applicant may request under this 
     subtitle for acquisition, construction, or rehabilitation 
     activities for the development of permanent housing or 
     transitional housing.

     ``SEC. 428. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR 
                   PERMANENT HOUSING.

       ``(a) In General.--Of the total amount available for use in 
     connection with this subtitle, such sums as may be necessary 
     shall be designated for the purpose of renewing expiring 
     contracts for permanent housing, within the account referred 
     to as the `Homeless Assistance Grants Account' on the date of 
     enactment of the Community Partnership to End Homelessness 
     Act of 2005.
       ``(b) Renewals.--Such sums shall be available for the 
     renewal of contracts for a 1-year term for rental assistance 
     and housing operation costs associated with permanent housing 
     projects funded under this subtitle, or under subtitle C or F 
     (as in effect on the day before the date of enactment of the 
     Community Partnership to End Homelessness Act of 2005). The 
     Secretary shall determine whether to renew a contract for 
     such a permanent housing project on the basis of demonstrated 
     need for the project and the compliance of the entity 
     carrying out the project with appropriate standards of 
     housing quality and habitability as determined by the 
     Secretary.
       ``(c) Construction.--Nothing in this section shall be 
     construed as prohibiting the Secretary from renewing 
     contracts under this subtitle in accordance with criteria set 
     forth in a provision of this subtitle other than this 
     section.

     ``SEC. 429. MATCHING FUNDING.

       ``(a) In General.--A recipient of a grant (including a 
     renewed grant) under this subtitle shall make available 
     contributions, in cash, in an amount equal to not less than 
     25 percent of the Federal funds provided under the grant.
       ``(b) Application.--Subsection (a) shall not apply in the 
     case of a grant for activities consisting of the payment of 
     operating costs associated with permanent housing renewal 
     grants described in section 428 that fund the operation of 
     permanent housing--
       ``(1) for individuals or families whose incomes are 50 
     percent or less of the median income for an individual or 
     family, respectively, in the geographic area involved; and
       ``(2) that receives no Federal or State funds from a source 
     other than this subtitle.

     ``SEC. 430. APPEAL PROCEDURE.

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

     SEC. 7. REPEALS AND CONFORMING AMENDMENTS.

       (a) Repeals.--Subtitles D, E, F, and G of title IV of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11391 et 
     seq., 11401 et seq., 11403 et seq., and 11408 et seq.) are 
     repealed.
       (b) Conforming Amendments.--
       (1) United states interagency council on homelessness.--
     Section 2066(b)(3)(F) of title 38, United States Code and 
     section 506(a) of the Public Health Service Act (42 U.S.C. 
     290aa-5(a)) are amended by striking ``Interagency Council on 
     the Homeless'' and inserting ``United States Interagency 
     Council on Homelessness''.
       (2) Consolidated plan.--Section 403(1) of the McKinney-
     Vento Homeless Assistance Act, as redesignated in section 
     4(2), is amended--
       (A) by striking ``current housing affordability strategy'' 
     and inserting ``Consolidated Plan''; and
       (B) by inserting before the comma the following: 
     ``(referred to in that section as a `comprehensive housing 
     affordability strategy')''.
       (3) Persons experiencing homelessness.--Section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) is 
     amended by adding at the end the following:
       ``(d) Persons Experiencing Homelessness.--References in 
     this Act to homeless individuals (including homeless persons) 
     or homeless groups (including the homeless) shall be 
     considered to include, and to refer to, individuals 
     experiencing homelessness or groups experiencing 
     homelessness, respectively.''.

     SEC. 8. EFFECTIVE DATE.

       This Act shall take effect 6 months after the date of 
     enactment of this Act.

  Mr. BOND. Mr. President, I rise today to express my support for the 
Community Partnership to End Homeless Act of 2005. I am proud to be an 
original co-sponsor of this legislation because I believe that this 
bill will greatly assist the Nation's efforts on ending the long-
standing tragedy of homelessness. I applaud the hard work of the 
chairman and ranking member of the Senate Banking Committee's Housing 
and Transportation Subcommittee, Senators Allard and Reed for 
developing this important legislation.
  As a former member of the Banking Committee, former chair of the VA-
HUD and Independent Agencies Appropriations Subcommittee, and now the 
current chair of the Transportation, Treasury, the Judiciary, HUD, and 
Related Agencies (TTHUD) Appropriations Subcommittee, the issue of 
homelessness has been one of my main priorities. During my tenure on 
those subcommittees, I have learned a great deal about the causes of 
homelessness. The causes are varied ranging from the lack of affordable 
housing to mental or physical ailments to unforeseen economic problems.
  The good news is that since the Congress first created the McKinney-
Vento Homeless Assistance Act in 1987, there has been a great deal of 
research on homelessness and new approaches have been developed to 
solve homelessness. The most significant finding is the importance of 
permanent housing in ending homelessness. Due to this finding, I 
included a provision in the fiscal year 1999 VA-HUD and Independent 
Agencies Appropriations Act that required HUD to spend at least 30 
percent of the homeless assistance grant funds on permanent housing.
  Re-focusing HUD on permanent housing was something that senators on 
both sides of the aisle strongly and rightfully support. The 30 percent 
permanent housing set-aside requirement was established because HUD was 
not producing enough housing for homeless people. This was a problem 
because HUD is the only federal agency that provides permanent housing.
  By 1998, just prior to the enactment of the 30 percent set-aside, 
only 13 percent of HUD homeless grant funds were being spent on 
permanent housing. Therefore, the 30 percent set-aside was created to 
re-balance HUD's homeless programs so that permanent housing was being 
provided. And, the set-aside has not hurt funding for supportive 
services since we have continually increased the HUD homeless account 
and the Administration has worked with other agencies, such as HHS and 
VA, to ensure that they are providing services to homeless people. In 
the Senate's fiscal year 2006 TTHUD bill, we have provided a $174 
million increase over fiscal year 2005 for the HUD homeless account.
  The focus on permanent housing was backed by sound research that 
demonstrated the cost-effectiveness of this approach. By focusing on 
permanent housing and especially those who were chronically homeless, 
HUD's programs became correctly focused on those most needy of this 
assistance, such as disabled homeless veterans. For those reasons, I am 
extremely pleased and supportive of the bill's provision that requires 
HUD to use at least 30 percent of funds for permanent housing 
activities. This provision is probably the most important piece of this 
legislation.
  In addition to the permanent housing requirement, I strongly support 
the bill's provisions that require outcome-based performance 
evaluations, promote access to mainstream resources for supportive 
services, and consolidate HUD's competitive grant programs. I 
especially support the bill's efforts to encourage localities and 
grantees to participate and use the Homeless Management Information 
System (HMIS), which was initiated by Senator Mikulski and me in the 
fiscal year 2001 VA-HUD and Independent Appropriations Act. I am proud 
that the vast majority

[[Page S10759]]

of continuum-of-care grantees have implemented the HMIS. This system is 
absolutely critical for developing an unduplicated count of homeless 
people and an analysis of their patterns of use of federal assistance 
programs.
  This is a strong bill supported by members on both sides of the 
aisle. I hope that the Senate and the Congress can pass important 
legislation because this bill will help eliminate the tragedy of 
homelessness. I urge my colleagues to support this bill.
                                 ______