[Congressional Record (Bound Edition), Volume 154 (2008), Part 17]
[House]
[Pages 23733-23750]
[From the U.S. Government Publishing Office, www.gpo.gov]




 HOMELESS EMERGENCY ASSISTANCE AND RAPID TRANSITION TO HOUSING ACT OF 
                                  2008

  Ms. MOORE of Wisconsin. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 7221) to amend the McKinney-Vento Homeless 
Assistance Act to reauthorize the Act, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7221

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of homelessness.
Sec. 4. United States Interagency Council on Homelessness.

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

Sec. 101. Definitions.
Sec. 102. Community homeless assistance planning boards.
Sec. 103. General provisions.
Sec. 104. Protection of personally identifying information by victim 
              service providers.
Sec. 105. Authorization of appropriations.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

Sec. 201. Grant assistance.
Sec. 202. Eligible activities.
Sec. 203. Participation in Homeless Management Information System.

                  TITLE III--CONTINUUM OF CARE PROGRAM

Sec. 301. Continuum of care.
Sec. 302. Eligible activities.
Sec. 303. High performing communities.
Sec. 304. Program requirements.
Sec. 305. Selection criteria, allocation amounts, and funding.
Sec. 306. Research.

          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

Sec. 401. Rural housing stability assistance.
Sec. 402. GAO study of homelessness and homeless assistance in rural 
              areas.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

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

     SEC. 2. FINDINGS AND PURPOSES.

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

     SEC. 3. DEFINITION OF HOMELESSNESS.

       (a) In General.--Section 103 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11302) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--For purposes of this Act, the terms 
     `homeless', `homeless individual', and `homeless person' 
     means--
       ``(1) an individual or family who lacks a fixed, regular, 
     and adequate nighttime residence;
       ``(2) an individual or family with a primary nighttime 
     residence that is a public or private place not designed for 
     or ordinarily used as a regular sleeping accommodation for 
     human beings, including a car, park, abandoned building, bus 
     or train station, airport, or camping ground;

[[Page 23734]]

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

     SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

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

[[Page 23735]]

     shall submit transcripts of such meeting, and any majority 
     and dissenting recommendations from such meetings, to each 
     committee of the House of Representatives and the Senate 
     having jurisdiction over any Federal program to assist 
     homeless individuals or families not later than the 
     expiration of the 60-day period beginning upon conclusion of 
     such meeting.''.
       (4) in section 203(b)(1) (42 U.S.C. 11313(b))--
       (A) by striking ``Federal'' and inserting ``national'';
       (B) by striking ``; and'' and inserting ``and pay for 
     expenses of attendance at meetings which are concerned with 
     the functions or activities for which the appropriation is 
     made;'';
       (5) in section 205(d) (42 U.S.C. 11315(d)), by striking 
     ``property.'' and inserting ``property, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Council.''; and
       (6) by striking section 208 (42 U.S.C. 11318) and inserting 
     the following:

     ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

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

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

     SEC. 101. DEFINITIONS.

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

                  ``Subtitle A--General Provisions'';

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

     ``SEC. 401. DEFINITIONS.

       ``For purposes of this title:
       ``(1) At risk of homelessness.--The term `at risk of 
     homelessness' means, with respect to an individual or family, 
     that the individual or family--
       ``(A) has income below 30 percent of median income for the 
     geographic area;
       ``(B) has insufficient resources immediately available to 
     attain housing stability; and
       ``(C)(i) has moved frequently because of economic reasons;
       ``(ii) is living in the home of another because of economic 
     hardship;
       ``(iii) has been notified that their right to occupy their 
     current housing or living situation will be terminated;
       ``(iv) lives in a hotel or motel;
       ``(v) lives in severely overcrowded housing;
       ``(vi) is exiting an institution; or
       ``(vii) otherwise lives in housing that has characteristics 
     associated with instability and an increased risk of 
     homelessness.
     Such term includes all families with children and youth 
     defined as homeless under other Federal statutes.
       ``(2) Chronically homeless.--
       ``(A) In general.--The term `chronically homeless' means, 
     with respect to an individual or family, that the individual 
     or family--
       ``(i) is homeless and lives or resides in a place not meant 
     for human habitation, a safe haven, or in an emergency 
     shelter;
       ``(ii) has been homeless and living or residing in a place 
     not meant for human habitation, a safe haven, or in an 
     emergency shelter continuously for at least 1 year or on at 
     least four separate occasions in the last 3 years; and
       ``(iii) has an adult head of household (or a minor head of 
     household if no adult is present in the household) with a 
     diagnosable substance use disorder, serious mental illness, 
     developmental disability (as defined in section 102 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15002)), post traumatic stress disorder, 
     cognitive impairments resulting from a brain injury, or 
     chronic physical illness or disability, including the co-
     occurrence of two or more of those conditions.
       ``(B) Rule of construction.--A person who currently lives 
     or resides in an institutional care facility, including a 
     jail, substance abuse or mental health treatment facility, 
     hospital or other similar facility, and has resided there for 
     fewer than 90 days shall be considered chronically homeless 
     if such person met all of the requirements described in 
     subparagraph (A) prior to entering that facility.
       ``(3) Collaborative applicant.--The term `collaborative 
     applicant' means an entity that--
       ``(A) carries out the duties specified in section 402;
       ``(B) serves as the applicant for project sponsors who 
     jointly submit a single application for a grant under 
     subtitle C in accordance with a collaborative process; and
       ``(C) if the entity is a legal entity and is awarded such 
     grant, receives such grant directly from the Secretary.
       ``(4) Collaborative application.--The term `collaborative 
     application' means an application for a grant under subtitle 
     C that--
       ``(A) satisfies section 422; and
       ``(B) is submitted to the Secretary by a collaborative 
     applicant.
       ``(5) Consolidated plan.--The term `Consolidated Plan' 
     means a comprehensive housing affordability strategy and 
     community development plan required in part 91 of title 24, 
     Code of Federal Regulations.
       ``(6) Eligible entity.--The term `eligible entity' means, 
     with respect to a subtitle, a public entity, a private 
     entity, or an entity that is a combination of public and 
     private entities, that is eligible to directly receive grant 
     amounts under such subtitle.
       ``(7) Families with children and youth defined as homeless 
     under other federal statutes.--The term `families with 
     children and youth defined as homeless under other Federal 
     statutes' means any children or youth that are defined as 
     `homeless' under any Federal statute other than this 
     subtitle, but are not defined as homeless under section 103, 
     and shall also include the parent, parents, or guardian of 
     such children or youth under subtitle B of title VII this Act 
     (42 U.S.C. 11431 et seq.).
       ``(8) Geographic area.--The term `geographic area' means a 
     State, metropolitan city, urban county, town, village, or 
     other nonentitlement area, or a combination or consortia of 
     such, in the United States, as described in section 106 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5306).
       ``(9) Homeless individual with a disability.--
       ``(A) In general.--The term `homeless individual with a 
     disability' means an individual who is homeless, as defined 
     in section 103, and has a disability that--
       ``(i)(I) is expected to be long-continuing or of indefinite 
     duration;
       ``(II) substantially impedes the individual's ability to 
     live independently;
       ``(III) could be improved by the provision of more suitable 
     housing conditions; and
       ``(IV) is a physical, mental, or emotional impairment, 
     including an impairment caused by alcohol or drug abuse, post 
     traumatic stress disorder, or brain injury;
       ``(ii) is a developmental disability, as defined in section 
     102 of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15002); or
       ``(iii) is the disease of acquired immunodeficiency 
     syndrome or any condition arising from the etiologic agency 
     for acquired immunodeficiency syndrome.
       ``(B) Rule.--Nothing in clause (iii) of subparagraph (A) 
     shall be construed to limit eligibility under clause (i) or 
     (ii) of subparagraph (A).
       ``(10) Legal entity.--The term `legal entity' means--
       ``(A) an entity described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and 
     exempt from tax under section 501(a) of such Code;
       ``(B) an instrumentality of State or local government; or
       ``(C) a consortium of instrumentalities of State or local 
     governments that has constituted itself as an entity.
       ``(11) Metropolitan city; urban county; nonentitlement 
     area.--The terms `metropolitan city', `urban county', and 
     `nonentitlement area' have the meanings given such terms in 
     section 102(a) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5302(a)).
       ``(12) New.--The term `new' means, with respect to housing, 
     that no assistance has been provided under this title for the 
     housing.
       ``(13) Operating costs.--The term `operating costs' means 
     expenses incurred by a project sponsor operating transitional 
     housing or permanent housing under this title with respect 
     to--
       ``(A) the administration, maintenance, repair, and security 
     of such housing;
       ``(B) utilities, fuel, furnishings, and equipment for such 
     housing; or
       ``(C) coordination of services as needed to ensure long-
     term housing stability.
       ``(14) Outpatient health services.--The term `outpatient 
     health services' means outpatient health care services, 
     mental health services, and outpatient substance abuse 
     services.
       ``(15) Permanent housing.--The term `permanent housing' 
     means community-based housing without a designated length of 
     stay, and includes both permanent supportive housing and 
     permanent housing without supportive services.
       ``(16) Personally identifying information.--The term 
     `personally identifying information' means individually 
     identifying information for or about an individual, including 
     information likely to disclose the location of a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking, including--
       ``(A) a first and last name;
       ``(B) a home or other physical address;
       ``(C) contact information (including a postal, e-mail or 
     Internet protocol address, or telephone or facsimile number);
       ``(D) a social security number; and
       ``(E) any other information, including date of birth, 
     racial or ethnic background, or religious affiliation, that, 
     in combination with

[[Page 23736]]

     any other non-personally identifying information, would serve 
     to identify any individual.
       ``(17) Private nonprofit organization.--The term `private 
     nonprofit organization' means an organization--
       ``(A) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       ``(B) that has a voluntary board;
       ``(C) that has an accounting system, or has designated a 
     fiscal agent in accordance with requirements established by 
     the Secretary; and
       ``(D) that practices nondiscrimination in the provision of 
     assistance.
       ``(18) Project.--The term `project' means, with respect to 
     activities carried out under subtitle C, eligible activities 
     described in section 423(a), undertaken pursuant to a 
     specific endeavor, such as serving a particular population or 
     providing a particular resource.
       ``(19) Project-based.--The term `project-based' means, with 
     respect to rental assistance, that the assistance is provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) the recipient or a project sponsor; and
       ``(ii) an owner of a structure that exists as of the date 
     the contract is entered into; and
       ``(B) provides that rental assistance payments shall be 
     made to the owner and that the units in the structure shall 
     be occupied by eligible persons for not less than the term of 
     the contract.
       ``(20) Project sponsor.--The term `project sponsor' means, 
     with respect to proposed eligible activities, the 
     organization directly responsible for carrying out the 
     proposed eligible activities.
       ``(21) Recipient.--Except as used in subtitle B, the term 
     `recipient' means an eligible entity who--
       ``(A) submits an application for a grant under section 422 
     that is approved by the Secretary;
       ``(B) receives the grant directly from the Secretary to 
     support approved projects described in the application; and
       ``(C)(i) serves as a project sponsor for the projects; or
       ``(ii) awards the funds to project sponsors to carry out 
     the projects.
       ``(22) Secretary.--The term `Secretary' means the Secretary 
     of Housing and Urban Development.
       ``(23) Serious mental illness.--The term `serious mental 
     illness' means a severe and persistent mental illness or 
     emotional impairment that seriously limits a person's ability 
     to live independently.
       ``(24) Solo applicant.--The term `solo applicant' means an 
     entity that is an eligible entity, directly submits an 
     application for a grant under subtitle C to the Secretary, 
     and, if awarded such grant, receives such grant directly from 
     the Secretary.
       ``(25) Sponsor-based.--The term `sponsor-based' means, with 
     respect to rental assistance, that the assistance is provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) the recipient or a project sponsor; and
       ``(ii) an independent entity that--

       ``(I) is a private organization; and
       ``(II) owns or leases dwelling units; and

       ``(B) provides that rental assistance payments shall be 
     made to the independent entity and that eligible persons 
     shall occupy such assisted units.
       ``(26) State.--Except as used in subtitle B, the term 
     `State' means each of the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the Trust Territory of the Pacific 
     Islands, and any other territory or possession of the United 
     States.
       ``(27) Supportive services.--The term `supportive services' 
     means services that address the special needs of people 
     served by a project, including--
       ``(A) the establishment and operation of a child care 
     services program for families experiencing homelessness;
       ``(B) the establishment and operation of an employment 
     assistance program, including providing job training;
       ``(C) the provision of outpatient health services, food, 
     and case management;
       ``(D) the provision of assistance in obtaining permanent 
     housing, employment counseling, and nutritional counseling;
       ``(E) the provision of outreach services, advocacy, life 
     skills training, and housing search and counseling services;
       ``(F) the provision of mental health services, trauma 
     counseling, and victim services;
       ``(G) the provision of assistance in obtaining other 
     Federal, State, and local assistance available for residents 
     of supportive housing (including mental health benefits, 
     employment counseling, and medical assistance, but not 
     including major medical equipment);
       ``(H) the provision of legal services for purposes 
     including requesting reconsiderations and appeals of veterans 
     and public benefit claim denials and resolving outstanding 
     warrants that interfere with an individual's ability to 
     obtain and retain housing;
       ``(I) the provision of--
       ``(i) transportation services that facilitate an 
     individual's ability to obtain and maintain employment; and
       ``(ii) health care; and
       ``(J) other supportive services necessary to obtain and 
     maintain housing.
       ``(28) Tenant-based.--The term `tenant-based' means, with 
     respect to rental assistance, assistance that--
       ``(A) allows an eligible person to select a housing unit in 
     which such person will live using rental assistance provided 
     under subtitle C, except that if necessary to assure that the 
     provision of supportive services to a person participating in 
     a program is feasible, a recipient or project sponsor may 
     require that the person live--
       ``(i) in a particular structure or unit for not more than 
     the first year of the participation;
       ``(ii) within a particular geographic area for the full 
     period of the participation, or the period remaining after 
     the period referred to in subparagraph (A); and
       ``(B) provides that a person may receive such assistance 
     and move to another structure, unit, or geographic area if 
     the person has complied with all other obligations of the 
     program and has moved out of the assisted dwelling unit in 
     order to protect the health or safety of an individual who is 
     or has been the victim of domestic violence, dating violence, 
     sexual assault, or stalking, and who reasonably believed he 
     or she was imminently threatened by harm from further 
     violence if he or she remained in the assisted dwelling unit.
       ``(29) Transitional housing.--The term `transitional 
     housing' means housing the purpose of which is to facilitate 
     the movement of individuals and families experiencing 
     homelessness to permanent housing within 24 months or such 
     longer period as the Secretary determines necessary.
       ``(30) Unified funding agency.--The term `unified funding 
     agency' means a collaborative applicant that performs the 
     duties described in section 402(g).
       ``(31) Underserved populations.--The term `underserved 
     populations' includes populations underserved because of 
     geographic location, underserved racial and ethnic 
     populations, populations underserved because of special needs 
     (such as language barriers, disabilities, alienage status, or 
     age), and any other population determined to be underserved 
     by the Secretary, as appropriate.
       ``(32) Victim service provider.--The term `victim service 
     provider' means a private nonprofit organization whose 
     primary mission is to provide services to victims of domestic 
     violence, dating violence, sexual assault, or stalking. Such 
     term includes rape crisis centers, battered women's shelters, 
     domestic violence transitional housing programs, and other 
     programs.
       ``(33) Victim services.--The term `victim services' means 
     services that assist domestic violence, dating violence, 
     sexual assault, or stalking victims, including services 
     offered by rape crisis centers and domestic violence 
     shelters, and other organizations, with a documented history 
     of effective work concerning domestic violence, dating 
     violence, sexual assault, or stalking.''.

     SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

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

     ``SEC. 402. COLLABORATIVE APPLICANTS.

       ``(a) Establishment and Designation.--A collaborative 
     applicant shall be established for a geographic area by the 
     relevant parties in that geographic area to--
       ``(1) submit an application for amounts under this 
     subtitle; and
       ``(2) perform the duties specified in subsection (f) and, 
     if applicable, subsection (g).
       ``(b) No Requirement To Be a Legal Entity.--An entity may 
     be established to serve as a collaborative applicant under 
     this section without being a legal entity.
       ``(c) Remedial Action.--If the Secretary finds that a 
     collaborative applicant for a geographic area does not meet 
     the requirements of this section, or if there is no 
     collaborative applicant for a geographic area, the Secretary 
     may take remedial action to ensure fair distribution of grant 
     amounts under subtitle C to eligible entities within that 
     area. Such measures may include designating another body as a 
     collaborative applicant, or permitting other eligible 
     entities to apply directly for grants.
       ``(d) Construction.--Nothing in this section shall be 
     construed to displace conflict of interest or government fair 
     practices laws, or their equivalent, that govern applicants 
     for grant amounts under subtitles B and C.
       ``(e) Appointment of Agent.--
       ``(1) In general.--Subject to paragraph (2), a 
     collaborative applicant may designate an agent to--
       ``(A) apply for a grant under section 422(c);
       ``(B) receive and distribute grant funds awarded under 
     subtitle C; and
       ``(C) perform other administrative duties.
       ``(2) Retention of duties.--Any collaborative applicant 
     that designates an agent pursuant to paragraph (1) shall 
     regardless of such designation retain all of its duties and 
     responsibilities under this title.
       ``(f) Duties.--A collaborative applicant shall--
       ``(1) design a collaborative process for the development of 
     an application under subtitle C, and for evaluating the 
     outcomes of

[[Page 23737]]

     projects for which funds are awarded under subtitle B, in 
     such a manner as to provide information necessary for the 
     Secretary--
       ``(A) to determine compliance with--
       ``(i) the program requirements under section 426; and
       ``(ii) the selection criteria described under section 427; 
     and
       ``(B) to establish priorities for funding projects in the 
     geographic area involved;
       ``(2) participate in the Consolidated Plan for the 
     geographic area served by the collaborative applicant; and
       ``(3) ensure operation of, and consistent participation by, 
     project sponsors in a community-wide homeless management 
     information system (in this subsection referred to as `HMIS') 
     that--
       ``(A) collects unduplicated counts of individuals and 
     families experiencing homelessness;
       ``(B) analyzes patterns of use of assistance provided under 
     subtitles B and C for the geographic area involved;
       ``(C) provides information to project sponsors and 
     applicants for needs analyses and funding priorities; and
       ``(D) is developed in accordance with standards established 
     by the Secretary, including standards that provide for--
       ``(i) encryption of data collected for purposes of HMIS;
       ``(ii) documentation, including keeping an accurate 
     accounting, proper usage, and disclosure, of HMIS data;
       ``(iii) access to HMIS data by staff, contractors, law 
     enforcement, and academic researchers;
       ``(iv) rights of persons receiving services under this 
     title;
       ``(v) criminal and civil penalties for unlawful disclosure 
     of data; and
       ``(vi) such other standards as may be determined necessary 
     by the Secretary.
       ``(g) Unified Funding.--
       ``(1) In general.--In addition to the duties described in 
     subsection (f), a collaborative applicant shall receive from 
     the Secretary and distribute to other project sponsors in the 
     applicable geographic area funds for projects to be carried 
     out by such other project sponsors, if--
       ``(A) the collaborative applicant--
       ``(i) applies to undertake such collection and distribution 
     responsibilities in an application submitted under this 
     subtitle; and
       ``(ii) is selected to perform such responsibilities by the 
     Secretary; or
       ``(B) the Secretary designates the collaborative applicant 
     as the unified funding agency in the geographic area, after--
       ``(i) a finding by the Secretary that the applicant--

       ``(I) has the capacity to perform such responsibilities; 
     and
       ``(II) would serve the purposes of this Act as they apply 
     to the geographic area; and

       ``(ii) the Secretary provides the collaborative applicant 
     with the technical assistance necessary to perform such 
     responsibilities as such assistance is agreed to by the 
     collaborative applicant.
       ``(2) Required actions by a unified funding agency.--A 
     collaborative applicant that is either selected or designated 
     as a unified funding agency for a geographic area under 
     paragraph (1) shall--
       ``(A) require each project sponsor who is funded by a grant 
     received under subtitle C to establish such fiscal control 
     and fund accounting procedures as may be necessary to assure 
     the proper disbursal of, and accounting for, Federal funds 
     awarded to the project sponsor under subtitle C in order to 
     ensure that all financial transactions carried out under 
     subtitle C are conducted, and records maintained, in 
     accordance with generally accepted accounting principles; and
       ``(B) arrange for an annual survey, audit, or evaluation of 
     the financial records of each project carried out by a 
     project sponsor funded by a grant received under subtitle C.
       ``(h) Conflict of Interest.--No board member of a 
     collaborative applicant may participate in decisions of the 
     collaborative applicant concerning the award of a grant, or 
     provision of other financial benefits, to such member or the 
     organization that such member represents.''.

     SEC. 103. GENERAL PROVISIONS.

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

     ``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.

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

     ``SEC. 405. TECHNICAL ASSISTANCE.

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

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

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.), as amended by the preceding 
     provisions of this title, is further amended by adding at the 
     end the following new section:

     ``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION 
                   BY VICTIM SERVICE PROVIDERS.

       ``In the course of awarding grants or implementing programs 
     under this title, the Secretary shall instruct any victim 
     service provider that is a recipient or subgrantee not to 
     disclose for purposes of the Homeless Management Information 
     System any personally identifying information about any 
     client. The Secretary may, after public notice and comment, 
     require or ask such recipients and subgrantees to disclose 
     for purposes of the Homeless Management Information System 
     non-personally identifying information that has been de-
     identified, encrypted, or otherwise encoded. Nothing in this 
     section shall be construed to supersede any provision of any 
     Federal, State, or local law that provides greater protection 
     than this subsection for victims of domestic violence, dating 
     violence, sexual assault, or stalking.''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.), as amended by the preceding 
     provisions of this title, is further amended by adding at the 
     end the following new section:

     ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $2,200,000,000 for fiscal year 2009 and such sums as 
     may be necessary for fiscal year 2010.''.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

     SEC. 201. GRANT ASSISTANCE.

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

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

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

     ``SEC. 412. GRANT ASSISTANCE.

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

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

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

[[Page 23738]]



     SEC. 202. ELIGIBLE ACTIVITIES.

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

     ``SEC. 415. ELIGIBLE ACTIVITIES.

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

     SEC. 203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION 
                   SYSTEM.

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

                  TITLE III--CONTINUUM OF CARE PROGRAM

     SEC. 301. CONTINUUM OF CARE.

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

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

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

     ``SEC. 421. PURPOSES.

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

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

       ``(a) Projects.--The Secretary shall award grants, on a 
     competitive basis, and using the selection criteria described 
     in section 427, to carry out eligible activities under this 
     subtitle for projects that meet the program requirements 
     under section 426, either by directly awarding funds to 
     project sponsors or by awarding funds to unified funding 
     agencies.
       ``(b) Notification of Funding Availability.--The Secretary 
     shall release a notification of funding availability for 
     grants awarded under this subtitle for a fiscal year not 
     later than 3 months after the date of the enactment of the 
     appropriate Act making appropriations for the Department of 
     Housing and Urban Development for such fiscal year.
       ``(c) Applications.--
       ``(1) Submission to the secretary.--To be eligible to 
     receive a grant under subsection (a), a project sponsor or 
     unified funding agency in a geographic area shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require, and containing such information 
     as the Secretary determines necessary--
       ``(A) to determine compliance with the program requirements 
     and selection criteria under this subtitle; and
       ``(B) to establish priorities for funding projects in the 
     geographic area.
       ``(2) Announcement of awards.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall announce, within 5 months after the last 
     date for the submission of applications described in this 
     subsection for a fiscal year, the grants conditionally 
     awarded under subsection (a) for that fiscal year.
       ``(B) Transition.--For a period of up to 2 years beginning 
     after the effective date under section 503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2008, the Secretary shall announce, within 6 months after the 
     last date for the submission of applications described in 
     this subsection for a fiscal year, the grants conditionally 
     awarded under subsection (a) for that fiscal year.
       ``(d) Obligation, Distribution, and Utilization of Funds.--
       ``(1) Requirements for obligation.--
       ``(A) In general.--Not later than 9 months after the 
     announcement referred to in subsection (c)(2), each recipient 
     or project sponsor shall meet all requirements for the 
     obligation of those funds, including site control, matching 
     funds, and environmental review requirements, except as 
     provided in subparagraphs (B) and (C).
       ``(B) Acquisition, rehabilitation, or construction.--Not 
     later than 24 months after the announcement referred to in 
     subsection (c)(2), each recipient or project sponsor seeking 
     the obligation of funds for acquisition of housing, 
     rehabilitation of housing, or construction of new housing for 
     a grant announced under subsection (c)(2) shall meet all 
     requirements for the obligation of those funds, including 
     site control, matching funds, and environmental review 
     requirements.
       ``(C) Extensions.--At the discretion of the Secretary, and 
     in compelling circumstances, the Secretary may extend the 
     date by which a recipient or project sponsor shall meet the 
     requirements described in subparagraphs (A) and (B) if the 
     Secretary determines that compliance with the requirements 
     was delayed due to factors beyond the reasonable control of 
     the recipient or project sponsor. Such factors may include 
     difficulties in obtaining site control for a proposed 
     project, completing the process of obtaining secure financing 
     for the project, obtaining approvals from State or local 
     governments, or completing the technical submission 
     requirements for the project.
       ``(2) Obligation.--Not later than 45 days after a recipient 
     or project sponsor meets the requirements described in 
     paragraph (1), the Secretary shall obligate the funds for the 
     grant involved.
       ``(3) Distribution.--A recipient that receives funds 
     through such a grant--
       ``(A) shall distribute the funds to project sponsors (in 
     advance of expenditures by the project sponsors); and
       ``(B) shall distribute the appropriate portion of the funds 
     to a project sponsor not later than 45 days after receiving a 
     request for such distribution from the project sponsor.
       ``(4) Expenditure of funds.--The Secretary may establish a 
     date by which funds made available through a grant announced 
     under subsection (c)(2) for a homeless assistance project 
     shall be entirely expended by the recipient or project 
     sponsors involved. The date established under this paragraph 
     shall not occur before the expiration of the 24-month period 
     beginning on the date that funds are obligated for activities 
     described under paragraphs (1) or (2) of section 423(a). The 
     Secretary shall recapture the funds not expended by such 
     date. The Secretary shall reallocate the funds for another 
     homeless assistance and prevention project that meets the 
     requirements of this subtitle to be carried out, if possible 
     and appropriate, in the same geographic area as the area 
     served through the original grant.
       ``(e) Renewal Funding for Unsuccessful Applicants.--The 
     Secretary may renew funding for a specific project previously 
     funded under this subtitle that the Secretary determines 
     meets the purposes of this subtitle, and was included as part 
     of a total application that met the criteria of subsection 
     (c), even if the application was not selected to receive 
     grant assistance. The Secretary may renew the funding for a 
     period of not more than 1 year, and under such conditions as 
     the Secretary determines to be appropriate.

[[Page 23739]]

       ``(f) Considerations in Determining Renewal Funding.--When 
     providing renewal funding for leasing, operating costs, or 
     rental assistance for permanent housing, the Secretary shall 
     make adjustments proportional to increases in the fair market 
     rents in the geographic area.
       ``(g) More Than One Application for a Geographic Area.--If 
     more than one collaborative applicant applies for funds for a 
     geographic area, the Secretary shall award funds to the 
     collaborative applicant with the highest score based on the 
     selection criteria set forth in section 427.
       ``(h) Appeals.--
       ``(1) In general.--The Secretary shall establish a timely 
     appeal procedure for grant amounts awarded or denied under 
     this subtitle pursuant to a collaborative application or solo 
     application for funding.
       ``(2) Process.--The Secretary shall ensure that the 
     procedure permits appeals submitted by entities carrying out 
     homeless housing and services projects (including emergency 
     shelters and homelessness prevention programs), and all other 
     applicants under this subtitle.
       ``(i) Solo Applicants.--A solo applicant may submit an 
     application to the Secretary for a grant under subsection (a) 
     and be awarded such grant on the same basis as such grants 
     are awarded to other applicants based on the criteria 
     described in section 427, but only if the Secretary 
     determines that the solo applicant has attempted to 
     participate in the continuum of care process but was not 
     permitted to participate in a reasonable manner. The 
     Secretary may award such grants directly to such applicants 
     in a manner determined to be appropriate by the Secretary.
       ``(j) Flexibility To Serve Persons Defined as Homeless 
     Under Other Federal Laws.--
       ``(1) In general.--A collaborative applicant may use not 
     more than 10 percent of funds awarded under this subtitle 
     (continuum of care funding) for any of the types of eligible 
     activities specified in paragraphs (1) through (7) of section 
     423(a) to serve families with children and youth defined as 
     homeless under other Federal statutes, or homeless families 
     with children and youth defined as homeless under section 
     103(a)(6), but only if the applicant demonstrates that the 
     use of such funds is of an equal or greater priority or is 
     equally or more cost effective in meeting the overall goals 
     and objectives of the plan submitted under section 
     427(b)(1)(B), especially with respect to children and 
     unaccompanied youth.
       ``(2) Limitations.--The 10 percent limitation under 
     paragraph (1) shall not apply to collaborative applicants in 
     which the rate of homelessness, as calculated in the most 
     recent point in time count, is less than one-tenth of 1 
     percent of total population.
       ``(3) Treatment of certain populations.--
       ``(A) In general.--Notwithstanding section 103(a) and 
     subject to subparagraph (B), funds awarded under this 
     subtitle may be used for eligible activities to serve 
     unaccompanied youth and homeless families and children 
     defined as homeless under section 103(a)(6) only pursuant to 
     paragraph (1) of this subsection and such families and 
     children shall not otherwise be considered as homeless for 
     purposes of this subtitle.
       ``(B) At risk of homelessness.--Subparagraph (A) may not be 
     construed to prevent any unaccompanied youth and homeless 
     families and children defined as homeless under section 
     103(a)(6) from qualifying for, and being treated for purposes 
     of this subtitle as, at risk of homelessness or from 
     eligibility for any projects, activities, or services carried 
     out using amounts provided under this subtitle for which 
     individuals or families that are at risk of homelessness are 
     eligible.''.

     SEC. 302. ELIGIBLE ACTIVITIES.

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

     ``SEC. 423. ELIGIBLE ACTIVITIES.

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

[[Page 23740]]

     and conditions as the Secretary may prescribe to prevent the 
     recipient or project sponsor from unduly benefitting from 
     such sale or disposition.
       ``(3) Exception.--A recipient or project sponsor shall not 
     be required to make the repayments, and comply with the terms 
     and conditions, required under paragraph (1) or (2) if--
       ``(A) the sale or disposition of the property used for the 
     project results in the use of the property for the direct 
     benefit of very low-income persons;
       ``(B) all of the proceeds of the sale or disposition are 
     used to provide transitional or permanent housing meeting the 
     requirements of this subtitle;
       ``(C) project-based rental assistance or operating cost 
     assistance from any Federal program or an equivalent State or 
     local program is no longer made available and the project is 
     meeting applicable performance standards, provided that the 
     portion of the project that had benefitted from such 
     assistance continues to meet the tenant income and rent 
     restrictions for low-income units under section 42(g) of the 
     Internal Revenue Code of 1986; or
       ``(D) there are no individuals and families in the 
     geographic area who are homeless, in which case the project 
     may serve individuals and families at risk of homelessness.
       ``(e) Staff Training.--The Secretary may allow reasonable 
     costs associated with staff training to be included as part 
     of the activities described in subsection (a).
       ``(f) Eligibility for Permanent Housing.--Any project that 
     receives assistance under subsection (a) and that provides 
     project-based or sponsor-based permanent housing for homeless 
     individuals or families with a disability, including projects 
     that meet the requirements of subsection (a) and subsection 
     (d)(2)(A) of section 428 may also serve individuals who had 
     previously met the requirements for such project prior to 
     moving into a different permanent housing project.
       ``(g) Administration of Rental Assistance.--Provision of 
     permanent housing rental assistance shall be administered by 
     a State, unit of general local government, or public housing 
     agency.''.

     SEC. 303. HIGH PERFORMING COMMUNITIES.

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

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

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

     SEC. 304. PROGRAM REQUIREMENTS.

       Section 426 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11386) is amended--
       (1) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Site Control.--The Secretary shall require that each 
     application include reasonable assurances that the applicant 
     will own or have control of a site for the proposed project 
     not later than the expiration of the 12-month period 
     beginning upon notification of an award for grant assistance, 
     unless the application proposes providing supportive housing 
     assistance under section 423(a)(3) or housing that will 
     eventually be owned or controlled by the families and 
     individuals served. An applicant may obtain ownership or 
     control of a suitable site different from the site specified 
     in the application. If any recipient or project sponsor fails 
     to obtain ownership or control of the site within 12 months 
     after notification of an award for grant assistance, the 
     grant shall be recaptured and reallocated under this 
     subtitle.
       ``(b) Required Agreements.--The Secretary may not provide 
     assistance for a proposed project under this subtitle unless 
     the collaborative applicant involved agrees--
       ``(1) to ensure the operation of the project in accordance 
     with the provisions of this subtitle;
       ``(2) to monitor and report to the Secretary the progress 
     of the project;
       ``(3) to ensure, to the maximum extent practicable, that 
     individuals and families experiencing homelessness are 
     involved, through employment, provision of volunteer 
     services, or otherwise, in constructing, rehabilitating, 
     maintaining, and operating facilities for the project and in 
     providing supportive services for the project;
       ``(4) to require certification from all project sponsors 
     that--
       ``(A) they will maintain the confidentiality of records 
     pertaining to any individual or family provided family 
     violence prevention or treatment services through the 
     project;
       ``(B) that the address or location of any family violence 
     shelter project assisted under this subtitle will not be made 
     public, except with written authorization of the person 
     responsible for the operation of such project;

[[Page 23741]]

       ``(C) they will establish policies and practices that are 
     consistent with, and do not restrict the exercise of rights 
     provided by, subtitle B of title VII, and other laws relating 
     to the provision of educational and related services to 
     individuals and families experiencing homelessness;
       ``(D) in the case of programs that provide housing or 
     services to families, they will designate a staff person to 
     be responsible for ensuring that children being served in the 
     program are enrolled in school and connected to appropriate 
     services in the community, including early childhood programs 
     such as Head Start, part C of the Individuals with 
     Disabilities Education Act, and programs authorized under 
     subtitle B of title VII of this Act(42 U.S.C. 11431 et seq.); 
     and
       ``(E) they will provide data and reports as required by the 
     Secretary pursuant to the Act;
       ``(5) if a collaborative applicant is a unified funding 
     agency under section 402(g) and receives funds under subtitle 
     C to carry out the payment of administrative costs described 
     in section 423(a)(11), to establish such fiscal control and 
     fund accounting procedures as may be necessary to assure the 
     proper disbursal of, and accounting for, such funds in order 
     to ensure that all financial transactions carried out with 
     such funds are conducted, and records maintained, in 
     accordance with generally accepted accounting principles;
       ``(6) to monitor and report to the Secretary the provision 
     of matching funds as required by section 430;
       ``(7) to take the educational needs of children into 
     account when families are placed in emergency or transitional 
     shelter and will, to the maximum extent practicable, place 
     families with children as close as possible to their school 
     of origin so as not to disrupt such children's education; and
       ``(8) to comply with such other terms and conditions as the 
     Secretary may establish to carry out this subtitle in an 
     effective and efficient manner.'';
       (2) by redesignating subsection (d) as subsection (c);
       (3) in the first sentence of subsection (c) (as so 
     redesignated by paragraph (2) of this subsection), by 
     striking ``recipient'' and inserting ``recipient or project 
     sponsor'';
       (4) by striking subsection (e);
       (5) by redesignating subsections (f), (g), and (h), as 
     subsections (d), (e), and (f), respectively;
       (6) in the first sentence of subsection (e) (as so 
     redesignated by paragraph (5) of this section), by striking 
     ``recipient'' each place it appears and inserting ``recipient 
     or project sponsor'';
       (7) by striking subsection (i); and
       (8) by redesignating subsection (j) as subsection (g).

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

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

     ``SEC. 427. SELECTION CRITERIA.

       ``(a) In General.--The Secretary shall award funds to 
     recipients through a national competition between geographic 
     areas based on criteria established by the Secretary.
       ``(b) Required Criteria.--
       ``(1) In general.--The criteria established under 
     subsection (a) shall include--
       ``(A) the previous performance of the recipient regarding 
     homelessness, including performance related to funds provided 
     under section 412 (except that recipients applying from 
     geographic areas where no funds have been awarded under this 
     subtitle, or under subtitles C, D, E, or F of title IV of 
     this Act, as in effect prior to the date of the enactment of 
     the Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2008, shall receive full credit for 
     performance under this subparagraph), measured by criteria 
     that shall be announced by the Secretary, that shall take 
     into account barriers faced by individual homeless people, 
     and that shall include--
       ``(i) the length of time individuals and families remain 
     homeless;
       ``(ii) the extent to which individuals and families who 
     leave homelessness experience additional spells of 
     homelessness;
       ``(iii) the thoroughness of grantees in the geographic area 
     in reaching homeless individuals and families;
       ``(iv) overall reduction in the number of homeless 
     individuals and families;
       ``(v) jobs and income growth for homeless individuals and 
     families;
       ``(vi) success at reducing the number of individuals and 
     families who become homeless;
       ``(vii) other accomplishments by the recipient related to 
     reducing homelessness; and
       ``(viii) for collaborative applicants that have exercised 
     the authority under section 422(j) to serve families with 
     children and youth defined as homeless under other Federal 
     statutes, success in achieving the goals and outcomes 
     identified in section 427(b)(1)(F);
       ``(B) the plan of the recipient, which shall describe--
       ``(i) how the number of individuals and families who become 
     homeless will be reduced in the community;
       ``(ii) how the length of time that individuals and families 
     remain homeless will be reduced;
       ``(iii) how the recipient will collaborate with local 
     education authorities to assist in the identification of 
     individuals and families who become or remain homeless and 
     are informed of their eligibility for services under subtitle 
     B of title VII of this Act (42 U.S.C. 11431 et seq.);
       ``(iv) the extent to which the recipient will--

       ``(I) address the needs of all relevant subpopulations;
       ``(II) incorporate comprehensive strategies for reducing 
     homelessness, including the interventions referred to in 
     section 428(d);
       ``(III) set quantifiable performance measures;
       ``(IV) set timelines for completion of specific tasks;
       ``(V) identify specific funding sources for planned 
     activities; and
       ``(VI) identify an individual or body responsible for 
     overseeing implementation of specific strategies; and

       ``(v) whether the recipient proposes to exercise authority 
     to use funds under section 422(j), and if so, how the 
     recipient will achieve the goals and outcomes identified in 
     section 427(b)(1)(F);
       ``(C) the methodology of the recipient used to determine 
     the priority for funding local projects under section 
     422(c)(1), including the extent to which the priority-setting 
     process--
       ``(i) uses periodically collected information and analysis 
     to determine the extent to which each project has resulted in 
     rapid return to permanent housing for those served by the 
     project, taking into account the severity of barriers faced 
     by the people the project serves;
       ``(ii) considers the full range of opinions from 
     individuals or entities with knowledge of homelessness in the 
     geographic area or an interest in preventing or ending 
     homelessness in the geographic area;
       ``(iii) is based on objective criteria that have been 
     publicly announced by the recipient; and
       ``(iv) is open to proposals from entities that have not 
     previously received funds under this subtitle;
       ``(D) the extent to which the amount of assistance to be 
     provided under this subtitle to the recipient will be 
     supplemented with resources from other public and private 
     sources, including mainstream programs identified by the 
     Government Accountability Office in the two reports described 
     in section 203(a)(7);
       ``(E) demonstrated coordination by the recipient with the 
     other Federal, State, local, private, and other entities 
     serving individuals and families experiencing homelessness 
     and at risk of homelessness in the planning and operation of 
     projects;
       ``(F) for collaborative applicants exercising the authority 
     under section 422(j) to serve homeless families with children 
     and youth defined as homeless under other Federal statutes, 
     program goals and outcomes, which shall include--
       ``(i) preventing homelessness among the subset of such 
     families with children and youth who are at highest risk of 
     becoming homeless, as such term is defined for purposes of 
     this title; or
       ``(ii) achieving independent living in permanent housing 
     among such families with children and youth, especially those 
     who have a history of doubled-up and other temporary housing 
     situations or are living in a temporary housing situation due 
     to lack of available and appropriate emergency shelter, 
     through the provision of eligible assistance that directly 
     contributes to achieving such results including assistance to 
     address chronic disabilities, chronic physical health or 
     mental health conditions, substance addiction, histories of 
     domestic violence or childhood abuse, or multiple barriers to 
     employment; and
       ``(G) such other factors as the Secretary determines to be 
     appropriate to carry out this subtitle in an effective and 
     efficient manner.
       ``(2) Additional criteria.--In addition to the criteria 
     required under paragraph (1), the criteria established under 
     paragraph (1) shall also include the need within the 
     geographic area for homeless services, determined as follows 
     and under the following conditions:
       ``(A) Notice.--The Secretary shall inform each 
     collaborative applicant, at a time concurrent with the 
     release of the notice of funding availability for the grants, 
     of the pro rata estimated grant amount under this subtitle 
     for the geographic area represented by the collaborative 
     applicant.
       ``(B) Amount.--
       ``(i) Formula.--Such estimated grant amounts shall be 
     determined by a formula, which shall be developed by the 
     Secretary, by regulation, not later than the expiration of 
     the 2-year period beginning upon the date of the enactment of 
     the Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2008, that is based upon factors that are 
     appropriate to allocate funds to meet the goals and 
     objectives of this subtitle.
       ``(ii) Combinations or consortia.--For a collaborative 
     applicant that represents a

[[Page 23742]]

     combination or consortium of cities or counties, the 
     estimated need amount shall be the sum of the estimated need 
     amounts for the cities or counties represented by the 
     collaborative applicant.
       ``(iii) Authority of secretary.--Subject to the 
     availability of appropriations, the Secretary shall increase 
     the estimated need amount for a geographic area if necessary 
     to provide 1 year of renewal funding for all expiring 
     contracts entered into under this subtitle for the geographic 
     area.
       ``(3) Homelessness counts.--The Secretary shall not require 
     that communities conduct an actual count of homeless people 
     other than those described in paragraphs (1) through (4) of 
     section 103(a) of this Act (42 U.S.C. 11302(a)).
       ``(c) Adjustments.--The Secretary may adjust the formula 
     described in subsection (b)(2) as necessary--
       ``(1) to ensure that each collaborative applicant has 
     sufficient funding to renew all qualified projects for at 
     least one year; and
       ``(2) to ensure that collaborative applicants are not 
     discouraged from replacing renewal projects with new projects 
     that the collaborative applicant determines will better be 
     able to meet the purposes of this Act.

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

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

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

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

     ``SEC. 430. MATCHING FUNDING.

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

     ``SEC. 431. APPEAL PROCEDURE.

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

     SEC. 306. RESEARCH.

       There is authorized to be appropriated $8,000,000, for each 
     of fiscal years 2009 and 2010, for research into the efficacy 
     of interventions for homeless families, to be expended by the 
     Secretary of Housing and

[[Page 23743]]

     Urban Development over the 2 years at three different sites 
     to provide services for homeless families and evaluate the 
     effectiveness of such services.

          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

     SEC. 401. RURAL HOUSING STABILITY ASSISTANCE.

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

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

       (2) in section 491--
       (A) by striking the section heading and inserting ``RURAL 
     HOUSING STABILITY GRANT PROGRAM.'';
       (B) in subsection (a)--
       (i) by striking ``rural homelessness grant program'' and 
     inserting ``rural housing stability grant program'';
       (ii) by inserting ``in lieu of grants under subtitle C'' 
     after ``eligible organizations''; and
       (iii) by striking paragraphs (1), (2), and (3), and 
     inserting the following:
       ``(1) rehousing or improving the housing situations of 
     individuals and families who are homeless or in the worst 
     housing situations in the geographic area;
       ``(2) stabilizing the housing of individuals and families 
     who are in imminent danger of losing housing; and
       ``(3) improving the ability of the lowest-income residents 
     of the community to afford stable housing.'';
       (C) in subsection (b)(1)--
       (i) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (I), (J), and (K), respectively; and
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) construction of new housing units to provide 
     transitional or permanent housing to homeless individuals and 
     families and individuals and families at risk of 
     homelessness;
       ``(E) acquisition or rehabilitation of a structure to 
     provide supportive services or to provide transitional or 
     permanent housing, other than emergency shelter, to homeless 
     individuals and families and individuals and families at risk 
     of homelessness;
       ``(F) leasing of property, or portions of property, not 
     owned by the recipient or project sponsor involved, for use 
     in providing transitional or permanent housing to homeless 
     individuals and families and individuals and families at risk 
     of homelessness, or providing supportive services to such 
     homeless and at-risk individuals and families;
       ``(G) provision of rental assistance to provide 
     transitional or permanent housing to homeless individuals and 
     families and individuals and families at risk of 
     homelessness, such rental assistance may include tenant-based 
     or project-based rental assistance;
       ``(H) payment of operating costs for housing units assisted 
     under this title;'';
       (D) in subsection (b)(2), by striking ``appropriated'' and 
     inserting ``transferred'';
       (E) in subsection (c)--
       (i) in paragraph (1)(A), by striking ``appropriated'' and 
     inserting ``transferred''; and
       (ii) in paragraph (3), by striking ``appropriated'' and 
     inserting ``transferred'';
       (F) in subsection (d)--
       (i) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in paragraph (6)--

       (I) by striking ``an agreement'' and all that follows 
     through ``families'' and inserting the following: ``a 
     description of how individuals and families who are homeless 
     or who have the lowest incomes in the community will be 
     involved by the organization''; and
       (II) by striking the period at the end, and inserting a 
     semicolon; and

       (iii) by adding at the end the following:
       ``(7) a description of consultations that took place within 
     the community to ascertain the most important uses for 
     funding under this section, including the involvement of 
     potential beneficiaries of the project; and
       ``(8) a description of the extent and nature of 
     homelessness and of the worst housing situations in the 
     community.'';
       (G) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Matching Funding.--
       ``(1) In general.--An organization eligible to receive a 
     grant under subsection (a) shall specify matching 
     contributions from any source other than a grant awarded 
     under this subtitle, that shall be made available in the 
     geographic area in an amount equal to not less than 25 
     percent of the funds provided for the project or activity, 
     except that grants for leasing shall not be subject to any 
     match requirement.
       ``(2) Limitations on in-kind match.--The cash value of 
     services provided to the beneficiaries or clients of an 
     eligible organization by an entity other than the 
     organization may count toward the contributions in paragraph 
     (1) only when documented by a memorandum of understanding 
     between the organization and the other entity that such 
     services will be provided.
       ``(3) Countable activities.--The contributions required 
     under paragraph (1) may consist of--
       ``(A) funding for any eligible activity described under 
     subsection (b); and
       ``(B) subject to paragraph (2), in-kind provision of 
     services of any eligible activity described under subsection 
     (b).
       ``(g) Selection Criteria.--The Secretary shall establish 
     criteria for selecting recipients of grants under subsection 
     (a), including--
       ``(1) the participation of potential beneficiaries of the 
     project in assessing the need for, and importance of, the 
     project in the community;
       ``(2) the degree to which the project addresses the most 
     harmful housing situations present in the community;
       ``(3) the degree of collaboration with others in the 
     community to meet the goals described in subsection (a);
       ``(4) the performance of the organization in improving 
     housing situations, taking account of the severity of 
     barriers of individuals and families served by the 
     organization;
       ``(5) for organizations that have previously received 
     funding under this section, the extent of improvement in 
     homelessness and the worst housing situations in the 
     community since such funding began;
       ``(6) the need for such funds, as determined by the formula 
     established under section 427(b)(2); and
       ``(7) any other relevant criteria as determined by the 
     Secretary.'';
       (H) in subsection (h)--
       (i) in paragraph (1)(A)--

       (I) by striking ``The'' and inserting ``Not later than 18 
     months after funding is first made available pursuant to the 
     amendments made by title IV of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2008, 
     the''; and
       (II) by striking ``providing housing and other assistance 
     to homeless persons'' and inserting ``meeting the goals 
     described in subsection (a)'';

       (ii) in paragraph (1)(B), by striking ``address 
     homelessness in rural areas'' and inserting ``meet the goals 
     described in subsection (a) in rural areas''; and
       (iii) in paragraph (2)--

       (I) by striking ``The'' and inserting ``Not later than 24 
     months after funding is first made available pursuant to the 
     amendment made by title IV of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2008, 
     the'';
       (II) by striking ``, not later than 18 months after the 
     date on which the Secretary first makes grants under the 
     program,''; and
       (III) by striking ``prevent and respond to homelessness'' 
     and inserting ``meet the goals described in subsection (a)'';

       (I) in subsection (k)--
       (i) in paragraph (1), by striking ``rural homelessness 
     grant program'' and inserting ``rural housing stability grant 
     program''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (II) in subparagraph (B)(ii), by striking ``rural census 
     tract.'' and inserting ``county where at least 75 percent of 
     the population is rural; or''; and
       (III) by adding at the end the following:

       ``(C) any area or community, respectively, located in a 
     State that has population density of less than 30 persons per 
     square mile (as reported in the most recent decennial 
     census), and of which at least 1.25 percent of the total 
     acreage of such State is under Federal jurisdiction, provided 
     that no metropolitan city (as such term is defined in section 
     102 of the Housing and Community Development Act of 1974) in 
     such State is the sole beneficiary of the grant amounts 
     awarded under this section.'';
       (J) in subsection (l)--
       (i) by striking the subsection heading and inserting 
     ``Program Funding.--''; and
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Secretary shall determine the total 
     amount of funding attributable under section 427(b)(2) to 
     meet the needs of any geographic area in the Nation that 
     applies for funding under this section. The Secretary shall 
     transfer any amounts determined under this subsection from 
     the Community Homeless Assistance Program and consolidate 
     such transferred amounts for grants under this section, 
     except that the Secretary shall transfer an amount not less 
     than 5 percent of the amount available under this subtitle 
     for grants under this section.''; and
       (K) by adding at the end the following:
       ``(m) Division of Funds.--
       ``(1) Agreement among geographic areas.--If the Secretary 
     receives an application or applications to provide services 
     in a geographic area under this subtitle, and also under 
     subtitle C, the Secretary shall consult with all applicants 
     from the geographic area to determine whether all agree to 
     proceed under either this subtitle or under subtitle C.
       ``(2) Default if no agreement.--If no agreement is reached 
     under paragraph (1), the Secretary shall proceed under this 
     subtitle or under subtitle C, depending on which results in 
     the largest total grant funding to the geographic area.''.

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

       (a) Study and Report.--Not later than the expiration of the 
     12-month period beginning

[[Page 23744]]

     on the date of the enactment of this Act, the Comptroller 
     General of the United States shall conduct a study to examine 
     homelessness and homeless assistance in rural areas and rural 
     communities and submit a report to the Congress on the 
     findings and conclusion of the study. The report shall 
     contain the following matters:
       (1) A general description of homelessness, including the 
     range of living situations among homeless individuals and 
     homeless families, in rural areas and rural communities of 
     the United States, including tribal lands and colonias.
       (2) An estimate of the incidence and prevalence of 
     homelessness among individuals and families in rural areas 
     and rural communities of the United States.
       (3) An estimate of the number of individuals and families 
     from rural areas and rural communities who migrate annually 
     to non-rural areas and non-rural communities for homeless 
     assistance.
       (4) A description of barriers that individuals and families 
     in and from rural areas and rural communities encounter when 
     seeking to access homeless assistance programs, and 
     recommendations for removing such barriers.
       (5) A comparison of the rate of homelessness among 
     individuals and families in and from rural areas and rural 
     communities compared to the rate of homelessness among 
     individuals and families in and from non-rural areas and non-
     rural communities.
       (6) A general description of homeless assistance for 
     individuals and families in rural areas and rural communities 
     of the United States.
       (7) A description of barriers that homeless assistance 
     providers serving rural areas and rural communities encounter 
     when seeking to access Federal homeless assistance programs, 
     and recommendations for removing such barriers.
       (8) An assessment of the type and amount of Federal 
     homeless assistance funds awarded to organizations serving 
     rural areas and rural communities and a determination as to 
     whether such amount is proportional to the distribution of 
     homeless individuals and families in and from rural areas and 
     rural communities compared to homeless individuals and 
     families in non-rural areas and non-rural communities.
       (9) An assessment of the current roles of the Department of 
     Housing and Urban Development, the Department of Agriculture, 
     and other Federal departments and agencies in administering 
     homeless assistance programs in rural areas and rural 
     communities and recommendations for distributing Federal 
     responsibilities, including homeless assistance program 
     administration and grantmaking, among the departments and 
     agencies so that service organizations in rural areas and 
     rural communities are most effectively reached and supported.
       (b) Acquisition of Supporting Information.--In carrying out 
     the study under this section, the Comptroller General shall 
     seek to obtain views from the following persons:
       (1) The Secretary of Agriculture.
       (2) The Secretary of Housing and Urban Development.
       (3) The Secretary of Health and Human Services.
       (4) The Secretary of Education.
       (5) The Secretary of Labor.
       (6) The Secretary of Veterans Affairs.
       (7) The Executive Director of the United States Interagency 
     Council on Homelessness.
       (8) Project sponsors and recipients of homeless assistance 
     grants serving rural areas and rural communities.
       (9) Individuals and families in or from rural areas and 
     rural communities who have sought or are seeking Federal 
     homeless assistance services.
       (10) National advocacy organizations concerned with 
     homelessness, rural housing, and rural community development.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

     SEC. 501. REPEALS.

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

     SEC. 502. CONFORMING AMENDMENTS.

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

     SEC. 503. EFFECTIVE DATE.

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

     whichever occurs first.

     SEC. 504. REGULATIONS.

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

     SEC. 505. AMENDMENT TO TABLE OF CONTENTS.

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

                     ``TITLE IV--HOUSING ASSISTANCE

                    ``Subtitle A--General Provisions

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

            ``Subtitle B--Emergency Solutions Grants Program

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

                ``Subtitle C--Continuum of Care Program

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

        ``Subtitle D--Rural Housing Stability Assistance Program

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wisconsin (Ms. Moore) and the gentlewoman from Illinois (Mrs. Biggert) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Wisconsin.


                             General Leave

  Ms. MOORE of Wisconsin. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on this legislation and to insert extraneous material 
thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wisconsin?
  There was no objection.
  Ms. MOORE of Wisconsin. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I would like to start out by giving sincere thanks to 
everyone who has been involved in this issue. It has really been a 
struggle arriving at this point because the ability to determine who is 
exactly homeless has such infinite proportions that it has been very 
difficult to come to an agreement. However, the substance of this bill, 
the

[[Page 23745]]

majority of the players support this on all sides of the debate. That 
would be on both sides of the aisle and in both Chambers.
  But an enormous amount of thanks is due to certain people. I'm 
especially grateful to our chairman, Barney Frank; Chairwoman Waters; 
Representative Andre Carson; Representative Geoff Davis; and, of 
course, my very good friend and colleague, Representative Judy Biggert; 
and their staffs, who have done a tremendous deal of work on this bill; 
and all of the advocates who have worked so patiently with us.
  But we wouldn't be here today, Mr. Speaker, if it weren't for the 
outstanding work of our dear departed colleague, my dear late friend, 
Representative Julia Carson of Indiana, who worked so hard on this 
issue for so many years and whose work has brought us to where we are 
today.
  We need to keep in mind the enormous scope of this problem in light 
of the housing rescue issue that we are dealing with here in this House 
either tonight or tomorrow. This credit crisis hits the poorest among 
us. We are expecting no less than 6\1/2\ million foreclosures in the 
next few years, and these families, of course, are at grave risk of 
becoming homeless. Whether they're doubled up with a family member, 
sleeping in a shelter, or spending the nights on the street, our cities 
and towns are due to face a tidal wave of people in need. At the same 
time, we know that 1.6 million people already experience homelessness 
at some point in a given year.
  The mobility of kids due to housing insecurity and the education they 
receive is another huge problem. It is nearly impossible for a child to 
receive a quality education when they aren't sure where they'll be 
sleeping at night or even which school they will be attending in the 
morning. I think about the at-risk status of families and children in 
my own district, where 80 percent of the kids in our school system are 
eligible for free or reduced lunch. This bill provides a great deal of 
support for these families.
  First, we expand HUD's definition of homelessness. This bill includes 
all families who are due to lose their current housing within a 14-day 
period because they're doubled up or because they've received a notice 
that they must move. We have doubled the amount of time that HUD 
currently recognizes these families under that standard from 7 days to 
14 days. This bill specifically clarifies that anyone fleeing a 
domestic violence situation is homeless. We provide double funding for 
the Emergency Solutions Program, up to 20 percent of all funds, and 
then require that at least half of that money be spent on so-called 
homelessness prevention activities, which would be those who are 
``couch surfing,'' that is, they are spending the night from couch to 
couch; they're doubled up; or otherwise fall outside of HUD's current 
definition. We also provide localities with additional flexibility to 
use up to 10 percent of their continuum of care funding to serve 
doubled-up families. Finally, we have provisions to include children 
and their families who are defined as homeless under other Federal 
statutes.
  This bill is not perfect, but few pieces of legislation are.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                  Washington, DC, October 1, 2008.
     Hon. Barney Frank,
     Chairman, Committee on Financial Services,
     Washington, DC.
       Dear Chairman Frank: I write regarding H.R. 840, the 
     ``Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2007''. The bill includes provisions 
     concerning grants to provide health services to homeless 
     individuals.
       The Committee on Energy and Commerce has a jurisdictional 
     interest in such provisions. I support H.R. 840 and do not 
     intend to seek a sequential referral of the bill. My 
     understanding is that you acknowledge the jurisdiction of the 
     Committee, and you agree with me that my decision to forgo a 
     sequential referral does not in any way prejudice the 
     Committee with respect to any of its jurisdictional 
     prerogatives, including the appointment of conferees, on this 
     bill or similar legislation in the future.
       I request that you send a letter to me confirming my 
     understanding regarding the bill, and that you include our 
     letters on this matter in the Congressional Record during 
     consideration of the bill on the House floor. I appreciate 
     your cooperation.
           Sincerely,
                                                  John D. Dingell,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                  Washington, DC, October 1, 2008.
     Hon. John D. Dingell,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter concerning 
     H.R. 840, the Homeless Emergency Assistance and Rapid 
     Transition to Housing Act of 2008. This bill was introduced 
     on February 6, 2007, and was referred to the Committee on 
     Financial Services. The bill was ordered reported by the 
     Committee on Financial Services on July 31, 2008.
       I am pleased to confirm our agreement on this bill. I 
     recognize that certain provisions in the bill fall within the 
     jurisdiction of the Committee on Energy and Commerce under 
     rule X of the Rules of the House of Representatives. However, 
     I appreciate your willingness to forgo action in order to 
     allow the bill to come to the floor expeditiously. I agree 
     that your decision will not prejudice the Committee on Energy 
     and Commerce with respect to its jurisdictional prerogatives 
     on this or similar legislation.
       I will include this exchange of correspondence in the 
     Congressional Record. Thank you again for your cooperation in 
     this important matter.
                                                     Barney Frank,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, as an original cosponsor of this bill, I 
rise in support of the Homeless Emergency Act and Rapid Transition to 
Housing Act of 2008, or the HEARTH Act. I would also like to thank 
Congressman Geoff Davis of Kentucky and, if she were here today, the 
original House version sponsor, the late Congresswoman Julia Carson for 
introducing this bill, H.R. 840. In addition, I would like to thank 
Chairman Frank, subcommittee Chairwoman Waters, and Ranking Members 
Bachus and Capito for working together with Congressman Davis and me to 
give homeless children a fighting chance in this country.
  I would also like to thank all of the staff on both sides of the 
aisle for all of their hard work: Scott Olson, Jonathan Harwitz, Cindy 
Chetti, Tallman Johnson, Lauren O'Brien, Aaron Spurck, Andre Stevens, 
Kathleen Taylor, Clinton Jones, Nicole Austin. A tremendous thanks for 
all they have done.
  Mr. Speaker, for inclusion in the Congressional Record, I would like 
to submit additional views authored by Congressman Geoff Davis, 
Congresswoman Capito, and me. These views were filed as part of our 
committee report to accompany H.R. 840, but they apply to this bill, 
H.R. 7221, as amended, as well.

                            Additional Views

       Mr. Davis of Kentucky, Mrs. Capito, and I acknowledge the 
     significant work that the Chairman, Ranking Member, and other 
     Members and staff have done to address many of the concerns 
     we raised about addressing the needs of homeless 
     unaccompanied youth, children, and their families in H.R. 
     840, a bill introduced by the late Rep. Julia Carson as well 
     as Rep. Geoff Davis.
       There are inconsistencies in the definition of homeless for 
     programs administered by the Department of Housing and Urban 
     Development (HUD) as compared to those administered by the 
     Departments of Education, Justice, and Human Services. In the 
     education section of the McKinney-Vento Homeless Assistance 
     Act, the Individuals with Disabilities Education Act (IDEA), 
     and the Head Start Act, the same homeless definition is used. 
     The Runaway and Homeless Youth Act program uses a similar 
     definition. However, the housing component of the McKinney-
     Vento Homeless Assistance Act uses a different definition, 
     which excludes a majority of the unaccompanied youth, 
     children, and families recognized as homeless by non-HUD 
     federal homeless programs.
       As a result, hundreds of thousands of homeless students, 
     homeless and disabled children, homeless infants, and 
     homeless children running away from domestic violence, unsafe 
     housing, or unstable living conditions are denied HUD 
     homeless housing and services.
       Several witnesses, including Dr. Ellen Bassuk, an Associate 
     Professor of Psychiatry at Harvard Medical School, testified 
     before our Committee that many homeless children who are 
     currently excluded from HUD's homeless definition are prone 
     to health and developmental problems. Dr. Bassuk said that 
     there is documented evidence that almost 90 percent of 
     homeless families end up doubled-up, which results in severe 
     overcrowding and dangerous situations. The homeless children 
     in these families are at

[[Page 23746]]

     significant risk of physical and sexual abuse, have seen 
     people shot and killed, or have had their own lives 
     threatened. Highly mobile homeless students suffer 
     academically, are less likely to graduate, are sick more than 
     the average child, and are more likely to have behavior 
     problems.
       Homelessness among children is only becoming more 
     pervasive. A study conducted by First Focus and the Brookings 
     Institute determined that almost 2 million children will be 
     affected by the foreclosure crises. Many of these children 
     will become homeless, but, tragically, they will not qualify 
     for HUD homeless housing assistance or services.
       H.R. 840, as introduced, would reconcile the definitions of 
     homeless used among HUD and the other federal programs that 
     serve homeless unaccompanied youth, children, and families. 
     In addition, as introduced, the bill would recognize as 
     homeless many individuals and families that are not 
     recognized as homeless by these other federal programs.
       For many months, we have worked with Members of the 
     Committee, staff, and government and non-government 
     organizations representing various homeless constituencies to 
     craft a new HUD definition of homeless that would allow 
     homeless unaccompanied youth, children, and their families 
     served by other federal programs to also be recognized by HUD 
     as homeless and therefore qualify for HUD homeless housing 
     and services.
       On July, 31, 2008, during the Committee's consideration of 
     H.R. 840, Rep. Biggert and Rep. Davis offered an amendment to 
     allow all children and youth considered homeless by four 
     other federal programs to be considered homeless by HUD. They 
     withdrew the amendment because of an agreement with the 
     Chairman that they would: (1) continue to work on language to 
     amend HUD's definition of homeless as the bill moved out of 
     Committee toward full House consideration; and (2) send a 
     joint letter requesting that GAO examine the issue of 
     homeless definition discrepancies and related matters.
       Between July 31, 2008 and today, we and our staff have 
     worked with the Chairman and Housing and Community 
     Opportunity Subcommittee Chairwoman Waters, Education and 
     Labor Committee Chairman Miller and Ranking Member McKeon, 
     and their staff on a letter to GAO and new language to expand 
     HUD's definition of homeless to include more homeless 
     unaccompanied youth, children, and their families.
       On September 23, 2008, we joined the above-mentioned 
     Members and sent a letter to GAO. In recent days, we offered 
     language to Senate and House Members and staff negotiating 
     the final language of H.R. 840 and S. 1518 to include 
     homeless children, unaccompanied youth, and their families in 
     HUD's definition of homeless. We are pleased that Senate and 
     House Members have agreed to include the following language 
     as part of HUD's definition of homeless:
       Unaccompanied youth and homeless families with children and 
     youth defined as homeless under other Federal statutes who--
       (A) have experienced a long term period without living 
     independently in permanent housing,
       (B) have experienced persistent instability as measured by 
     frequent moves over such period, and
       (C) can be expected to continue in such status for an 
     extended period of time because of chronic disabilities, 
     chronic physical health or mental health conditions, 
     substance addiction, histories of domestic violence or 
     childhood abuse, the presence of a child or youth with a 
     disability, or multiple barriers to employment.
       It is our hope that by expanding HUD's definition of 
     homeless in this way, local, homeless service providers will 
     have the flexibility to provide homeless housing and services 
     to unaccompanied youth and children in involuntary and 
     unstable shared living arrangements, such as those living 
     temporarily in motels or hotels or ``couch surfing'' from 
     house to house. The ultimate goal is to break the cycle of 
     poverty, violence, and homelessness in our country by 
     providing homeless unaccompanied youth and children with the 
     opportunity to qualify for safe and stable housing so that 
     they have a better chance of being healthy, performing better 
     in school, and having a chance for a brighter future.

  In addition, I would like to submit a New York Times article from 
September 16, 2008, entitled ``Capitol Strives to Define `Homeless.' ''

               [From the New York Times, Sept. 16, 2008]

                 Capitol Strives to Define ``Homeless''

                         (By Rachel L. Swarns)

       Washington--With unemployment and foreclosures rising and 
     growing numbers of families struggling to find affordable 
     housing, lawmakers in Congress are debating who should be 
     considered homeless.
       For more than 20 years, federal housing law has counted as 
     homeless only people living on the streets or in shelters. 
     But now the House and the Senate are considering an expansion 
     of the definition to include people precariously housed: 
     those doubled up with friends or relatives or living day to 
     day in motels, with money and options running out.
       In the House, which is expected to vote on the issue this 
     month, lawmakers are discussing whether to expand the 
     definition to include about a million additional people--a 
     subset within the group of children and their families in 
     desperate need of stable housing--or to add a much smaller 
     group that would include only people fleeing their homes 
     because of domestic violence and those who can prove they 
     will lose their housing within 14 days.
       The Senate is considering a still narrower expansion that 
     would include only those forced to move three times in one 
     year or twice in 21 days. Congressional aides say senators 
     are willing to expand the definition further in consultations 
     with the House that are now under way, but the Senate 
     legislation is not expected to pass before lawmakers recess 
     this month.
       The outcome of the discussions will most likely broaden the 
     categories of people eligible for emergency shelter, housing 
     and other services provided by the Department of Housing and 
     Urban Development's $1.7 billion budget for the homeless, 
     which accounts for most federal spending on homelessness. 
     Bush administration officials support the narrow expansion 
     under consideration in the House.
       But none of the bills come with any additional financing. 
     And with too few shelter beds and services available to help 
     the homeless who are already living on the streets, the 
     debate over whether to expand significantly the pool of 
     people eligible for such limited aid has sharply divided 
     advocates for the homeless and upended political alliances.
       In the House, Democratic leaders who pride themselves on 
     their commitment to the poor find themselves arguing that 
     there is simply too little money available to accommodate a 
     broad expansion of the definition, and too little time left 
     in the current Congress to accommodate any realistic 
     expectation that new money can be added.
       Some House Republicans, meanwhile, accuse the Democrats of 
     turning their backs on hundreds of thousands of struggling 
     families who are forced to move from couch to couch and from 
     house to house to keep a roof over their heads.
       Representative Barney Frank, the Massachusetts Democrat who 
     heads the House Financial Services Committee, said, ``It's 
     one of the saddest things that we deal with, and it's 
     entirely the result of inadequate funding.''
       ``When there's not enough money to cover `all of the 
     above', you have to do priorities,'' Mr. Frank said. ``The 
     question is, Which category of people are you going to leave 
     unhelped?''
       He and other Democrats blame President Bush and Republicans 
     in Congress, saying they have directed critical resources 
     toward tax cuts and the war in Iraq instead of making 
     programs for the poor a priority.
       Still, Mr. Frank has promised to keep negotiating with 
     Republicans to reach agreement on a definition before the 
     bill goes to a vote. And to help ease the strain where strict 
     definition intersects with limited federal money, the bill 
     would also give communities some flexibility in spending 
     those dollars on people who do not meet the definition.
       The issue is particularly complicated because HUD's narrow 
     definition of homelessness is not the only one used by the 
     government. The Education Department, for instance, which 
     assists homeless students, counts as homeless those children 
     who live doubled up with other families or in motels.
       In the 2006-07 school year, the Education Department 
     categorized 688,174 children as homeless. But only 32 percent 
     of those children lived in shelters or outdoors. The rest 
     failed to meet HUD's criteria for homelessness and so were 
     ineligible to receive emergency shelter or priority on 
     waiting lists for public or subsidized housing.
       Several advocacy groups, including the National Coalition 
     for the Homeless, argue that the HUD definition should more 
     closely mirror the Education Department's. Their efforts have 
     been championed by two House Republicans, Representatives 
     Judy Biggert of Illinois and Geoff Davis of Kentucky, who 
     would like those children identified as homeless by the 
     Education Department or other federal agencies to be eligible 
     for HUD's homelessness services.
       These advocates note that many families live in communities 
     where shelters are full or nonexistent. In other places, some 
     say, shelters sometimes bar large families, families with two 
     parents or those with boys older than 10.
       ``I think we have to take care of our most vulnerable,'' 
     Ms. Biggert said. ``Shouldn't children as well as the others 
     be a priority?''
       Barbara Duffield, policy director at the National 
     Association for the Education of Homeless Children and Youth, 
     echoed those concerns. ``This is really about our nation 
     acknowledging the extent of the housing crisis and the 
     devastation it wreaks on children, youth and family,'' she 
     said. ``The housing crisis is bigger than the emergency 
     system put in place to address it 20 years ago.''
       Opponents of a broad expansion of the definition counter 
     that demand for shelter beds already exceeds supply. About 
     700,000 people live in shelters or on the streets on any 
     given day, housing officials say. But federal dollars finance 
     only 170,000 beds.

[[Page 23747]]

       Some advocates also fear that communities would shift 
     resources from single, mentally ill or addicted people to 
     doubled-up families who were newly classified as homeless. 
     Such families are typically easier to serve and politically 
     more appealing.
       ``Nobody thinks that these families are having an easy time 
     of it,'' said Steve Berg, vice president for programs and 
     policy at the National Alliance to End Homelessness. ``But 
     when push comes to shove, when you've got people in 
     apartments and people in shelters and on the streets, the 
     people in the latter group need the help more.''
       No one knows precisely how many additional families would 
     be helped by the modest expansion proposals under 
     consideration in Congress, particularly since in practice, 
     HUD already allows for a bit more than the current 
     definition: it permits families who are doubled up to be 
     considered homeless if they can show that they will be losing 
     their housing within seven days.
       Whatever the number, ``we need to deal with the most 
     desperate the best that we can and keep working'' toward 
     greater expansion, said Representative Maxine Waters, the 
     California Democrat who heads the House Financial Services 
     Subcommittee on Housing and Community Opportunity. ``We don't 
     want to create competition and have people at each other's 
     throats for limited space.''

  Mr. Speaker, homelessness among children has become more and more 
pervasive as we face increasing economic challenges. A study conducted 
by First Focus and the Brookings Institute determined that 2 million 
children will be unfairly affected by the foreclosure crisis. Many of 
these children will become homeless. But without this compromise bill, 
HUD's very narrow definition of ``homeless'' will prevent many of these 
children from qualifying for housing assistance or services.
  It's hard to believe that anyone would argue the issue of ``who is 
homeless'' when it comes to homeless children, but believe it or not, 
that for the past 15 years has been the crux of the debate on this 
bill.
  As it stands today, HUD's definition includes those individuals on 
the street or in a shelter, but it excludes hundreds of thousands of 
children living in involuntary and unstable conditions, shared living 
arrangements such as those living temporarily in motels or hotels or 
``couch surfing'' from house to house.
  Mr. Speaker, there is no question that these children are homeless. 
When you hear them describe their lives, you can't help but understand 
why local homeless providers desperately want the flexibility to offer 
them services. Here's one story from Kentucky:
  ``I have lived in many homes and shelters. Just this past year, I 
have lived in 12 different homes. I have lived with classmates, 
teachers, friends, and strangers. Anyone who would accept me was better 
than the street . . . I have always dreamed of being free. I want the 
freedom to know where I am going to sleep, the freedom to know where my 
belongings are, and the freedom to know that I won't be asked to leave 
in the morning or the end of the week.''
  Mr. Speaker, it's because of a story like this that last fall we 
began working with members of the Financial Services Committee, staff, 
and government and nongovernment organizations representing various 
homeless constituencies to craft a new definition that includes 
homeless unaccompanied youth, children, and their families.

                              {time}  1330

  These are families that are already considered homeless by all other 
Federal programs, but not recognized by HUD as homeless, and therefore 
do not qualify for aid.
  I am pleased to report that the legislation we are considering today 
contains a compromise definition that will allow many more homeless 
unaccompanied youth, children, and their families, to access HUD 
services. There's still some things to work out with this bill, which 
is why I support a 2-year reauthorization of the program. During that 
time, we can work towards fixing provisions in this bill that don't 
seem to line up.
  For example, there is a provision that explicitly excludes from HUD's 
official count of the U.S. homeless population all the homeless 
children and their families that fall under the bill's new definition. 
That doesn't make much sense.
  In addition, the bill directs HUD to issue new regulations relating 
to the newly defined homeless children and families. I had hoped that 
this provision would include a negotiated rulemaking process so that 
all of the stakeholders involved could reach a consensus before a new 
rule is proposed. However, HUD is not required to do so, and could 
dismiss one side, the children's side, during the rulemaking process. 
It is my hope that our committee will continue to review this matter.
  Finally, the bill sets funding restrictions on homeless children and 
families. It sets up a 10 percent cap on the funds that local homeless 
providers can use to serve these newly included populations. Were a 
local homeless provider to reach the limit, they would be forced to 
arbitrarily turn away homeless children and families. Clearly, this is 
an issue worth revisiting.
  Mr. Speaker, despite these flaws, the legislation before us today 
will allow HUD to far more effectively complement the efforts of 
educators, service providers, and people like my friend and 
constituent, Diane Nilan, of Naperville, Illinois, who has worked so 
hard on this issue, as well as Barbara Duffield and Jeremy Rosen.
  Mr. Speaker, this Congress has supported increased housing 
availability and affordability for many low-income individuals, 
families facing foreclosure, and disaster victims. I ask Members to 
continue that trend, and at least allow homeless children to qualify 
for safe and stable housing by voting for H.R. 7221.
  With that, I would reserve the balance of my time.
  Ms. MOORE of Wisconsin. Again, I want to thank my colleague for all 
of her hard work. But in addition to thanking her, I think it's really 
important to acknowledge Senator Jack Reed and Senator Allard, who put 
a great deal of time into this as well.
  It's worth mentioning that we have made one change to the introduced 
bill. Concerns had been raised about the factors in the bill, and 
whether they would result in adverse changes to certain communities and 
the funding formula.
  We fully accounted for those concerns by using more generic language 
that reinforces the goals and objectives of the bill.
  Mr. Speaker, I would now yield 5 minutes to my colleague, Chair of 
the Subcommittee on Housing and Community Opportunity, Representative 
Maxine Waters of California.
  Ms. WATERS. Mr. Speaker, I rise in support of H.R. 7221, the Homeless 
Emergency Assistance and Rapid Transition to Housing Act. This is a 
major piece of legislation that has taken an enormous amount of work to 
bring to this point. I believe that, if enacted, this bill would 
substantially improve HUD's McKinney-Vento Homeless Assistance 
programs, by far the largest component of the Federal response to 
homelessness, with an annual appropriation in the last fiscal year of 
$1.586 billion.
  Before getting to the substance of the bill, first I'd like to 
acknowledge the work of Senators Reed and Allard, who both worked 
diligently for many years on S. 1518, the Community Partnership to End 
Homelessness Act. Senator Reed and his staff, in particular, devoted 
enormous amounts of time to this issue. Due to scheduling factors 
beyond their control, the Senate was not able to send the bill over to 
us, but H.R. 7221 certainly reflects all of their work, including the 
personal commitment of time by the Senators to come over to this side 
to testify before my Housing and Community Opportunity Subcommittee 
last October.
  I would also like to remember my late colleague, Representative Julia 
Carson, who introduced H.R. 840, the original HEARTH Act, and worked 
tirelessly on the bill until her untimely passing. I believe that she 
would be proud of the work we have undertaken to bring her bill to this 
consensus outcome. I am so pleased that her grandson, Representative 
Andre Carson, is an original cosponsor of H.R. 7221.
  I would also like to thank Representative Gwen Moore, who stepped 
into Representative Carson's shoes and

[[Page 23748]]

spearheaded the further movement of this bill. I appreciate 
Representative Moore's commitment, because addressing homelessness--
starting with reauthorizing the HUD's McKinney-Vento programs for the 
first time in 14 years--was a top priority for my subcommittee. This 
bill is informed by 2 days of subcommittee hearings in the fall, at 
which 26 witnesses testified on the HEARTH Act.
  Finally, I would like to thank Representative Geoff Davis and 
Representative Judy Biggert for their tireless and passionate advocacy 
on behalf of homeless children and their families. Representative Davis 
is the lead Republican cosponsor of H.R. 840, the version of HEARTH 
that we marked up in the Financial Services Committee on July 31. 
Representative Biggert, formerly the ranking member of my subcommittee, 
is one of Congress's leading advocates for vulnerable families and 
their children. I am proud to say that both of them, as well as Ranking 
Member Capito, are also original cosponsors of H.R. 7221.
  This is because we, as well as Chairman Frank, remained committed to 
continuing our dialogue on the heart-wrenching issue of who qualifies 
as ``homeless'' under the HUD McKinney-Vento programs, even after a 
challenging markup. Thanks to this shared commitment to improving HUD's 
homeless programs, despite strong disagreement among well-intentioned 
outside stakeholders, we were able to negotiate a compromise that 
allows us to move forward.
  To be clear, the conversation around the definition is not over. 
Indeed, the leadership of the Financial Services and Education and 
Labor Committees, as well as Representatives Biggert and Davis, just 
sent a letter to the GAO to obtain the best information available so 
that we can continue the discussion productively. I look forward to 
working with them to ensure that our Nation's most vulnerable families 
and children obtain the housing and social services they need.
  Notably, while we were considering H.R. 840, they released important 
new data on homelessness. First, the number of chronically homeless 
people living in the Nation's streets and shelters has dropped by about 
30 percent in the last 2 years. This impressive reduction of people 
stuck in the homeless system for literally years at a time is largely 
the result of targeting a portion of HUD McKinney-Vento resources over 
the last decade to an effective intervention--permanent supportive 
housing. Therefore, in reauthorizing these programs, we wanted to make 
sure not to lose this focus in HUD's homeless programs.
  Unfortunately, HUD also reported a more discouraging statistic--that 
fully 1.6 million people experienced homelessness over the course of 
the year studied.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. MOORE of Wisconsin. I would yield an additional 2 minutes to the 
gentlelady.
  Ms. WATERS. Thank you very much.
  Too many of these are families with children. Over time, we have 
learned that the best way to stop family homelessness is to prevent 
families from having to enter the homeless system at all, and to move 
those who do enter it back into permanent housing as quickly as 
possible. In reauthorization, then, we also wanted to increase 
resources available to homeless and at-risk families.
  H.R. 7221 strikes the right balance between these two goals. In terms 
of permanent supportive housing, the bill ensures a continued 
commitment to this intervention, both by setting a floor on the annual 
investment HUD must make to new permanent supportive housing, and 
equally importantly, places the renewal funding of rental assistance 
and operating subsidies to existing permanent supportive housing on 
firm footing.
  With respect to homeless families and children, the bill, first, 
revolutionizes the approach of HUD's formula ESG grant. Today, this 
program receives only 10 percent of the annual appropriation, and a 
mere third of that, about 3 percent of the total appropriation, can be 
spent on homeless prevention. The ``Emergency Solutions Program'' 
created by this bill emphasizes the solution we know works, namely, 
homelessness prevention. Therefore, a minimum of half of the now 20 
percent of the annual appropriation dedicated to the new ESG program 
must be spent on homelessness prevention; that is, on households that 
don't fall into the HUD definition of homelessness.
  Second, H.R. 7221 expands the definition of homelessness to include 
doubled-up and other poorly housed families who face the loss of their 
current housing within the next 2 weeks, as well as clarifying that 
anyone fleeing or attempting to flee domestic violence or another 
dangerous condition is to be considered homeless.
  Finally, as a result of our discussions after markup, we have also 
included doubled-up and otherwise poorly housed families who have not 
lived independently for a period of time, and have undergone a series 
of moves that harm children, and face significant obstacles--such as 
disabilities or multiple barriers to employment--to obtaining stable, 
independent permanent housing.
  Third, the newly created flexibility to use up to 10 percent of their 
funding to serve families with children and unaccompanied youth defined 
as homeless under other Federal statutes but not under the HUD 
definition, acknowledges the incredibly vulnerable status of these 
families--and our duty to prevent them from a cycle of falling from 
their current doubled-up or other poorly housed situations into the 
shelters or onto the streets, or continuing on a merry-go-round of 
doubled up housing situations that wreak havoc on their children.
  This brings between 20 and 30 percent of the annual appropriation, 
and perhaps more, that will be available to homeless housing and 
services providers who want to serve families with children who are 
doubled up or otherwise don't meet the HUD definition of homelessness. 
Rural areas receive even more flexibility to serve households who don't 
fall under the expanded HUD definition of homelessness to rural 
communities, responding to what we heard at the hearings--that 
homelessness doesn't look the same in rural areas as in big cities. In 
sum, we have truly maximized the resources available to homeless 
children and families. And, let's be clear, it's a lot of new 
resources--a multiple of 10 or more times the 3 percent available under 
current law.
  I would conclude simply by noting that the improvements I just 
described are coupled with a significant consolidation and streamlining 
of HUD's administration of the McKinney-Vento programs. In sum, this 
bill is a major step forward in Federal homeless policy and I urge my 
colleagues to support it.
  Mrs. BIGGERT. Mr. Speaker, I would like to yield 7 minutes to the 
gentleman from Kentucky, Mr. Geoff Davis, who has worked so hard on 
this issue.
  Mr. DAVIS of Kentucky. Mr. Speaker, we have come a long way since 
Julia Carson and I introduced the original version of this bill, H.R. 
840, nearly 2 years ago. The McKinney-Vento programs haven't been 
reauthorized in nearly 15 years, and I am glad that the HEARTH Act was 
able to get this important discussion going again in Congress.
  The Financial Services Committee held two hearings on this issue last 
year, and the testimony that we heard, from the providers especially, 
had a large impact to give us all a reality check on the different 
types of homelessness we are facing in this Nation. For example, in my 
part of the Nation, in the heartland in Kentucky, I'd like to call it 
homelessness in plain sight. We have very few of the classic HUD 
definition of homeless but, in reality, the vast majority, 
overwhelmingly so, are single parents with small children; more often 
than not, a battered woman with small children.
  It's especially poignant for me to be here today, and I have to thank 
my friend and former office neighbor, the late Congresswoman Julia 
Carson. I was honored that she asked me to join originally to work on 
this bill with her. I give special thanks to my congressional 
classmate, Congresswoman Gwen Moore, for helping me to keep this issue 
at the top of the committee's priorities.
  I'd also like to recognize the tireless work of all of the homeless 
advocates on this bill, members of staff here, so many team members, 
that worked hard in common cause but, in particular,

[[Page 23749]]

one person that I have to recognize and thank is Linda Young from 
Welcome House in northern Kentucky. Linda was the one who originally 
brought this problem of leaving children and families out of the HUD 
homeless programs to my attention over 2 years ago. She came up to 
Washington to testify for us about her hands-on experience with this 
issue, and truly she has been an inspiration, not only here, but to 
thousands and thousands of the needy in Kentucky.
  As a fiscally conservative Republican, I fully support the Federal 
investment in the homeless assistance grant programs. A roof over one's 
head goes a long way, but it's truly the supportive services, combined 
with housing, that have the biggest impact on changing a person's path 
in life. These programs lend a helping hand to people who want to build 
a future and pursue a dream. This type of Federal assistance has a 
lasting and positive impact, not only on the recipient, but on our 
communities and, frankly, on the Federal Treasury.
  To help children, especially now, in this time, in this formative 
time, to keep them from becoming part of the system in the long-run, a 
falling into the despair of a hopeless future, it is critical that we 
make this investment and we give our care providers on the front lines 
the opportunity to build relationships that will transform lives.
  My primary goal in cosponsoring the HEARTH Act was to increase local 
flexibility. Homelessness in Kentucky's Fourth District is not the same 
as it is in California, for example. Local continuums and providers 
should have the flexibility to tailor their programs and grant funding 
to meet their unique needs, and not have Washington bureaucrats try to 
give a one-size-fits-all solution for the definition of homelessness.
  This is all about acknowledging that homelessness looks different in 
different parts of the country. Homelessness has many faces that for 
the most part go unseen by the public at large. They walk by us every 
day in the shopping mall and on the street. We see them passing us in 
the stores and in the parks and, regrettably, even in our churches. We 
look the other way because we don't have eyes to see. But if we open 
our eyes, if we ask for that gift, and we see, then we are called to 
action to make a difference.
  I am thrilled to see that we have come to a compromise with the 
Senate on the definition issue. The compromise includes homeless 
families and unaccompanied youth identified by other Federal agencies. 
In HUD's definition, this was a problem.
  This is a huge step towards ending homelessness. I thank everybody 
who has worked on this across the country, those here in the Chamber 
and on the Hill, those in our communities around the Nation, and for 
me, especially, I'd like to take a moment to share, as I stand in this 
Chamber, as I walk the halls of Congress tonight, and especially, for 
me, what I consider one of the most significant legislative pieces to 
affect a generation that is coming up now.

                              {time}  1345

  I am humbled to be here. I was one of those children who had to leave 
in the middle the night. I was one of those children whose mother in 
desperation married somebody who probably should not have been married; 
a man who was violent, alcoholic, adulterous, a mean-spirited 
individual. And I know that feeling to watch as a helpless 6-year-old 
when your mother is being hit, and to step between those two and to 
leave the house and to hide in the closet, the secret that the 
neighborhood knew nothing about. But that reality and that pain for us 
came to salvation by the grace of God, that there were little islands 
of opportunity where we could take refuge.
  The truth though for so many thousands is that is not there. They 
have to move to other towns, other school districts and other 
communities. What this does is provide that island, that helping hand. 
It helps us with our weaker brother. It helps us care for those who are 
around us in a way that I believe is responsible, both fiscally and 
obligation morally.
  I commend all who have worked on this, and I say God bless you for 
your efforts.
  Ms. MOORE of Wisconsin. Mr. Speaker, I reserve the balance of my 
time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume 
to engage in a colloquy with the chairman of the Housing Subcommittee 
of the Financial Services Committee.
  I would like to thank the chairwoman and express my appreciation for 
all she has done for this, and to express my appreciation to my other 
chairman, Mr. George Miller, for his outstanding work on behalf of 
homeless people, and for working with our Financial Services Committee 
to recognize the educational and housing needs of homeless children and 
youth. I would also like to thank Representative McCarthy and 
Representative Geoff Davis for their work as well.
  As you know, the Education and Labor Committee has jurisdiction for 
the McKinney-Vento Education For Homeless Children Act, the Runaway and 
Homeless Youth Act and Head Start. H.R. 7221 will broaden HUD's 
definition of homelessness to include a subset of children and youth 
who meet the definition of homelessness used by other Federal statutes. 
We appreciate the inclusion of these children, and believe it is a step 
in the right direction. In particular, it covers those children and 
youth who, either on their own or as part of a family, have experienced 
a long-term period without living stably or independently in permanent 
housing.
  Madam Chairwoman, as this term ``long-term period'' is open to 
interpretation, is it the committee's intention that any regulation 
that interprets this provision would acknowledge that ``long-term 
period'' should be viewed from the perspective of children and 
recognize their unique developmental needs?
  Ms. WATERS. Absolutely. The committee recognizes that the expansion 
of the definition of homelessness to include these children and 
families was carried out with the intention of addressing the unique 
experiences of children and youth who are homeless.
  Mrs. BIGGERT. Madam Chairman, it is also our committee's 
understanding that the legislation before us allows families and youth 
who meet other Federal programs' definitions of homelessness and have 
experienced instability as experienced by frequent moves to be 
considered homeless for HUD's purposes.
  Am I correct in understanding that the intent of this provision is to 
ensure that the full measures of challenges facing homeless families 
and unaccompanied youth are addressed, including programs related to 
changes of school and educational progress that can be caused by 
frequent moves?
  Ms. WATERS. Yes, you are absolutely correct.
  Mrs. BIGGERT. Madam Chairman, by including language that acknowledges 
the various definitions of homelessness in other Federal statutes, is 
it the committee's intention that HUD's homeless assistance programs 
should consider information provided by these Federal programs in 
determining eligibility under this section and that HUD-funded homeless 
providers should be encouraged to engage with homeless providers 
receiving funds from other Federal agencies to utilize their 
assessments and counsel in making eligibility requirements?
  Ms. WATERS. Yes. Federal programs must work together to meet the 
needs of families and unaccompanied youth, and that collaboration 
should include information needed for eligibility decisions.
  Mrs. BIGGERT. Madam Chairman, lastly, we want to thank you for 
expanding the definition of homeless to include youth who are 
unaccompanied and who are experiencing several barriers simultaneously.
  Am I correct in understanding that the many problems experienced by 
youth because they lack a parent, legal guardian or consistent 
caregiver should be considered barriers for employment that are 
described in paragraph 6(c) of the definition?
  Ms. WATERS. Yes. We know that there are many obstacles that keep

[[Page 23750]]

these youth from obtaining stable housing, including barriers to 
employment and their unaccompanied status, and we expect HUD to take 
the issues you raised into consideration.
  Mrs. BIGGERT. Again, Madam Chairman, thank you for all your work, and 
Representative Geoff Davis and Representative McCarthy. I look forward 
to working with you moving forward on this issue.
  I reserve the balance of my time.
  Ms. MOORE of Wisconsin. Mr. Speaker, I have no further speakers, and 
I reserve the balance of my time in pursuit of eagerly hearing from 
other speakers that Mrs. Biggert may bring forth.
  Mrs. BIGGERT. I have no other speakers, but I would yield myself such 
time as I may consume to close.
  I spoke earlier a little bit about my friend and constituent Diane 
Nilan of Naperville, Illinois, who has done so much for the homeless. 
She has worked tirelessly for 20 years to provide a home for homeless 
children and families across the country, and I think she has seen 
firsthand the mental, physical and emotional degradation that children 
and families experience with homelessness.
  In her testimony before the Financial Services Committee last October 
she said, ``Homeless service providers in communities of all sizes 
await the day that HUD provides the opportunity for people in all 
homeless situations to receive the assistance they need. They long to 
be free to focus on easing homelessness as it appears in their 
communities, on the street, doubled up or in motels, instead of having 
their hands tied with arbitrary rules and restrictions. They desire 
Federal resources to supplement local efforts to house and assist the 
growing number of families without a place to call home.''
  I would also like to thank Carol Simler of DuPage PADS and all the 
wonderful people in my district who help with homelessness. I know we 
all have so many stories in all of our districts.
  With that, I would urge my colleagues to vote for this bill.
  Mr. SHAYS. Mr. Speaker, I support H.R. 7221, the Community 
Partnership to End Homelessness Act, and urge my colleagues to support 
the reauthorization of this important legislation.
  The Stewart B. McKinney Homeless Assistance Act, now known as the 
McKinney-Vento Homeless Assistance Act, was first enacted in 1987 as 
the first major, coordinated Federal response to homelessness. 
McKinney-Vento homeless assistance programs were last reauthorized in 
the Housing and Community Development Act of 1992. Since then, Congress 
has considered numerous proposals to improve the program but not 
completed a full reauthorization of the legislation.
  Passed in response to the rapid and dramatic growth of homelessness 
in the United States during the 1980s, the McKinney Act emphasized 
emergency measures, transitional measures, and long-term solutions to 
combat the homeless crisis.
  Despite the impact of the McKinney-Vento Act, homelessness continues 
to be a pervasive problem in America. It is important Congress support 
a comprehensive range of programs beyond emergency food, shelter and 
health care services for the homeless.
  We must promote the development of affordable housing, provide 
supportive services to those who are homeless or in vulnerable housing 
situations, acknowledge and study the high rates of homelessness among 
our Nation's veterans and recognize the critical role our schools play 
in preventing and ending homelessness among children.
  I serve in the seat previously represented by Stewart McKinney. 
Stewart served as the ranking Republican on the House Banking 
Subcommittee on Housing, as well as the House Committee on the District 
of Columbia. It was in this capacity that he became especially 
concerned about homelessness, particularly in our capital city.
  He loved urban areas and like our colleague Bruce Vento, he 
recognized homelessness is a national problem that requires a national 
solution.
  Stewart's commitment to exposing the depth of the growing problem of 
homelessness in the 1980s led him to contract pneumonia after sleeping 
on a grate outside a Federal building with DC area homeless.
  Shortly after his death on May 7, 1987, his family, friends and staff 
gathered to discuss how to continue his philosophy of caring for those 
who are the least able to care for themselves.
  They created the Stewart B. McKinney Foundation, an organization 
whose mission is to provide funds to care for persons with HIV who are 
homeless or at risk of homelessness.
  Today, Lucie McKinney continues the work Stewart began in his memory, 
and keeps his spirit alive in this precious foundation.
  Stewart was beloved by his colleagues on both sides of the aisle. 
Reading the tributes that were offered to Stewart on this House floor 
on the day of his death, I was struck by his colleagues' appreciation 
for his humanity, warm spirit, bipartisanship, and dedication to doing 
good.
  Mrs. BIGGERT. I yield back the balance of my time.
  Ms. MOORE of Wisconsin. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Wisconsin (Ms. Moore) that the House suspend the rules 
and pass the bill, H.R. 7221, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. MOORE of Wisconsin. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________