I 

111TH CONGRESS 

1ST SESSION H. R. 1877 

To amend the McKinney-Vento Homeless Assistance Act to reauthorize the 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Ms. MOORE of Wisconsin (for herself, Mrs. BIGGERT, Ms. WATERS, Mr. 

DAVIS of Kentucky, Mr. FRANK of Massachusetts, Mrs. CAPITO, and Mr. 

CARSON of Indiana) introduced the following bill; which was referred to 

the Committee on Financial Services 

A BILL 

To amend the McKinney-Vento Homeless Assistance Act to 

reauthorize the Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Homeless Emergency Assistance and Rapid Transition 

6 to Housing Act of 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definition of homelessness. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 1877 IH

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. 

Sec. 204. Administrative provision. 

Sec. 205. GAO study of administrative fees. 

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. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds that— 

3 (1) a lack of affordable housing and limited 

4 scale of housing assistance programs are the pri5 mary causes of homelessness; and 

6 (2) homelessness affects all types of commu7 nities in the United States, including rural, urban, 

8 and suburban areas. 


rfrederick on PROD1PC67 with BILLS
3 

•HR 1877 IH

1 (b) PURPOSES.—The purposes of this Act are— 

2 (1) to consolidate the separate homeless assist3 ance programs carried out under title IV of the 

4 McKinney-Vento Homeless Assistance Act (con5 sisting of the supportive housing program and re6 lated innovative programs, the safe havens program, 

7 the section 8 assistance program for single-room oc8 cupancy dwellings, and the shelter plus care pro9 gram) into a single program with specific eligible ac10 tivities; 

11 (2) to codify in Federal law the continuum of 

12 care planning process as a required and integral 

13 local function necessary to generate the local strate14 gies for ending homelessness; and 

15 (3) to establish a Federal goal of ensuring that 

16 individuals and families who become homeless return 

17 to permanent housing within 30 days. 

18 SEC. 3. DEFINITION OF HOMELESSNESS. 

19 (a) IN GENERAL.—Section 103 of the McKinney20 Vento Homeless Assistance Act (42 U.S.C. 11302) is 

21 amended— 

22 (1) by redesignating subsections (b) and (c) as 

23 subsections (c) and (d); and 

24 (2) by striking subsection (a) and inserting the 

25 following: 


rfrederick on PROD1PC67 with BILLS
4 

•HR 1877 IH

1 ‘‘(a) IN GENERAL.—For purposes of this Act, the 

2 terms ‘homeless’, ‘homeless individual’, and ‘homeless per3 son’ means— 

4 ‘‘(1) an individual or family who lacks a fixed, 

5 regular, and adequate nighttime residence; 

6 ‘‘(2) an individual or family with a primary 

7 nighttime residence that is a public or private place 

8 not designed for or ordinarily used as a regular 

9 sleeping accommodation for human beings, including 

10 a car, park, abandoned building, bus or train sta11 tion, airport, or camping ground; 

12 ‘‘(3) an individual or family living in a super13 vised publicly or privately operated shelter des14 ignated to provide temporary living arrangements 

15 (including hotels and motels paid for by Federal, 

16 State, or local government programs for low-income 

17 individuals or by charitable organizations, con18 gregate shelters, and transitional housing); 

19 ‘‘(4) an individual who resided in a shelter or 

20 place not meant for human habitation and who is 

21 exiting an institution where he or she temporarily 

22 resided; 

23 ‘‘(5) an individual or family who— 

24 ‘‘(A) will imminently lose their housing, in25 cluding housing they own, rent, or live in withVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
5 

•HR 1877 IH

1 out paying rent, are sharing with others, and 

2 rooms in hotels or motels not paid for by Fed3 eral, State, or local government programs for 

4 low-income individuals or by charitable organi5 zations, as evidenced by— 

6 ‘‘(i) a court order resulting from an 

7 eviction action that notifies the individual 

8 or family that they must leave within 14 

9 days; 

10 ‘‘(ii) the individual or family having a 

11 primary nighttime residence that is a room 

12 in a hotel or motel and where they lack the 

13 resources necessary to reside there for 

14 more than 14 days; or 

15 ‘‘(iii) credible evidence indicating that 

16 the owner or renter of the housing will not 

17 allow the individual or family to stay for 

18 more than 14 days, and any oral statement 

19 from an individual or family seeking home20 less assistance that is found to be credible 

21 shall be considered credible evidence for 

22 purposes of this clause; 

23 ‘‘(B) has no subsequent residence identi24 fied; and 


rfrederick on PROD1PC67 with BILLS
6 

•HR 1877 IH

1 ‘‘(C) lacks the resources or support net2 works needed to obtain other permanent hous3 ing; and 

4 ‘‘(6) unaccompanied youth and homeless fami5 lies with children and youth defined as homeless 

6 under other Federal statutes who— 

7 ‘‘(A) have experienced a long term period 

8 without living independently in permanent 

9 housing, 

10 ‘‘(B) have experienced persistent instability 

11 as measured by frequent moves over such pe12 riod, and 

13 ‘‘(C) can be expected to continue in such 

14 status for an extended period of time because of 

15 chronic disabilities, chronic physical health or 

16 mental health conditions, substance addiction, 

17 histories of domestic violence or childhood 

18 abuse, the presence of a child or youth with a 

19 disability, or multiple barriers to employment. 

20 ‘‘(b) DOMESTIC VIOLENCE AND OTHER DANGEROUS

21 OR LIFE-THREATENING CONDITIONS.—Notwithstanding 

22 any other provision of this section, the Secretary shall con23 sider to be homeless any individual or family who is flee24 ing, or is attempting to flee, domestic violence, dating vio25 lence, sexual assault, stalking, or other dangerous or lifeVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
7 

•HR 1877 IH

1 threatening conditions in the individual’s or family’s cur2 rent housing situation, including where the health and 

3 safety of children are jeopardized, and who have no other 

4 residence and lack the resources or support networks to 

5 obtain other permanent housing.’’. 

6 (b) REGULATIONS.—Not later than the expiration of 

7 the 6-month period beginning upon the date of the enact8 ment of this Act, the Secretary of Housing and Urban 

9 Development shall issue regulations that provide sufficient 

10 guidance to recipients of funds under title IV of the 

11 McKinney-Vento Homeless Assistance Act to allow uni12 form and consistent implementation of the requirements 

13 of section 103 of such Act, as amended by subsection (a) 

14 of this section. This subsection shall take effect on the 

15 date of the enactment of this Act. 

16 (c) CLARIFICATION OF EFFECT ON OTHER LAWS.— 

17 This section and the amendments made by this section 

18 to section 103 of the McKinney-Vento Homeless Assist19 ance Act (42 U.S.C. 11302) may not be construed to af20 fect, alter, limit, annul, or supersede any other provision 

21 of Federal law providing a definition of ‘‘homeless’’, 

22 ‘‘homeless individual’’, or ‘‘homeless person’’ for purposes 

23 other than such Act, except to the extent that such provi24 sion refers to such section 103 or the definition provided 

25 in such section 103. 


rfrederick on PROD1PC67 with BILLS
8 

•HR 1877 IH

1 SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOME2 LESSNESS. 

3 (a) IN GENERAL.—Title II of the McKinney-Vento 

4 Homeless Assistance Act (42 U.S.C. 11311 et seq.) is 

5 amended— 

6 (1) in section 201 (42 U.S.C. 11311), by insert7 ing before the period at the end the following 

8 ‘‘whose mission shall be to coordinate the Federal 

9 response to homelessness and to create a national 

10 partnership at every level of government and with 

11 the private sector to reduce and end homelessness in 

12 the nation while maximizing the effectiveness of the 

13 Federal Government in contributing to the end of 

14 homelessness’’; 

15 (2) in section 202 (42 U.S.C. 11312)— 

16 (A) in subsection (a)— 

17 (i) by redesignating paragraph (16) as 

18 paragraph (22); and 

19 (ii) by inserting after paragraph (15) 

20 the following: 

21 ‘‘(16) The Commissioner of Social Security, or 

22 the designee of the Commissioner. 

23 ‘‘(17) The Attorney General of the United 

24 States, or the designee of the Attorney General. 

25 ‘‘(18) The Director of the Office of Manage26 ment and Budget, or the designee of the Director. 


rfrederick on PROD1PC67 with BILLS
9 

•HR 1877 IH

1 ‘‘(19) The Director of the Office of Faith-Based 

2 and Community Initiatives, or the designee of the 

3 Director. 

4 ‘‘(20) The Director of USA FreedomCorps, or 

5 the designee of the Director.’’; 

6 (B) in subsection (c), by striking ‘‘annu7 ally’’ and inserting ‘‘four times each year, and 

8 the rotation of the positions of Chairperson and 

9 Vice Chairperson required under subsection (b) 

10 shall occur at the first meeting of each year’’; 

11 and 

12 (C) by adding at the end the following: 

13 ‘‘(e) ADMINISTRATION.—The Executive Director of 

14 the Council shall report to the Chairman of the Council.’’; 

15 (3) in section 203(a) (42 U.S.C. 11313(a))— 

16 (A) by redesignating paragraphs (1), (2), 

17 (3), (4), (5), (6), and (7) as paragraphs (2), 

18 (3), (4), (5), (9), (10), and (11), respectively; 

19 (B) by inserting before paragraph (2), as 

20 so redesignated by subparagraph (A), the fol21 lowing: 

22 ‘‘(1) not later than 12 months after the date of 

23 the enactment of the Homeless Emergency Assist24 ance and Rapid Transition to Housing Act of 2009, 

25 develop, make available for public comment, and 


rfrederick on PROD1PC67 with BILLS
10 

•HR 1877 IH

1 submit to the President and to Congress a National 

2 Strategic Plan to End Homelessness, and shall up3 date such plan annually;’’; 

4 (C) in paragraph (5), as redesignated by 

5 subparagraph (A), by striking ‘‘at least 2, but 

6 in no case more than 5’’ and inserting ‘‘not less 

7 than 5, but in no case more than 10’’; 

8 (D) by inserting after paragraph (5), as so 

9 redesignated by subparagraph (A), the fol10 lowing: 

11 ‘‘(6) encourage the creation of State Inter12 agency Councils on Homelessness and the formula13 tion of jurisdictional 10-year plans to end homeless14 ness at State, city, and county levels; 

15 ‘‘(7) annually obtain from Federal agencies 

16 their identification of consumer-oriented entitlement 

17 and other resources for which persons experiencing 

18 homelessness may be eligible and the agencies’ iden19 tification of improvements to ensure access; develop 

20 mechanisms to ensure access by persons experi21 encing homelessness to all Federal, State, and local 

22 programs for which the persons are eligible, and to 

23 verify collaboration among entities within a commu24 nity that receive Federal funding under programs 

25 targeted for persons experiencing homelessness, and 


rfrederick on PROD1PC67 with BILLS
11 

•HR 1877 IH

1 other programs for which persons experiencing 

2 homelessness are eligible, including mainstream pro3 grams identified by the Government Accountability 

4 Office in the reports entitled ‘Homelessness: Coordi5 nation and Evaluation of Programs Are Essential’, 

6 issued February 26, 1999, and ‘Homelessness: Bar7 riers to Using Mainstream Programs’, issued July 6, 

8 2000; 

9 ‘‘(8) conduct research and evaluation related to 

10 its functions as defined in this section; 

11 ‘‘(9) develop joint Federal agency and other ini12 tiatives to fulfill the goals of the agency;’’; 

13 (E) in paragraph (10), as so redesignated 

14 by subparagraph (A), by striking ‘‘and’’ at the 

15 end; 

16 (F) in paragraph (11), as so redesignated 

17 by subparagraph (A), by striking the period at 

18 the end and inserting a semicolon; and 

19 (G) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(12) develop constructive alternatives to crim22 inalizing homelessness and eliminate laws and poli23 cies that prohibit sleeping, feeding, sitting, resting, 

24 or lying in public spaces when there are no suitable 

25 alternatives, result in the destruction of a homeless 


rfrederick on PROD1PC67 with BILLS
12 

•HR 1877 IH

1 person’s property without due process, or are selec2 tively enforced against homeless persons; and 

3 ‘‘(13) not later than the expiration of the 6- 

4 month period beginning upon completion of the 

5 study requested in a letter to the Acting Comptroller 

6 General from the Chair and Ranking Member of the 

7 House Financial Services Committee and several 

8 other members regarding various definitions of 

9 homelessness in Federal statutes, convene a meeting 

10 of representatives of all Federal agencies and com11 mittees of the House of Representatives and the 

12 Senate having jurisdiction over any Federal program 

13 to assist homeless individuals or families, local and 

14 State governments, academic researchers who spe15 cialize in homelessness, nonprofit housing and serv16 ice providers that receive funding under any Federal 

17 program to assist homeless individuals or families, 

18 organizations advocating on behalf of such nonprofit 

19 providers and homeless persons receiving housing or 

20 services under any such Federal program, and home21 less persons receiving housing or services under any 

22 such Federal program, at which meeting such rep23 resentatives shall discuss all issues relevant to 

24 whether the definitions of ‘homeless’ under para25 graphs (1) through (4) of section 103(a) of the 


rfrederick on PROD1PC67 with BILLS
13 

•HR 1877 IH

1 McKinney-Vento Homeless Assistance Act, as 

2 amended by section 3 of the Homeless Emergency 

3 Assistance and Rapid Transition to Housing Act of 

4 2009, should be modified by the Congress, including 

5 whether there is a compelling need for a uniform 

6 definition of homelessness under Federal law, the ex7 tent to which the differences in such definitions cre8 ate barriers for individuals to accessing services and 

9 to collaboration between agencies, and the relative 

10 availability, and barriers to access by persons de11 fined as homeless, of mainstream programs identi12 fied by the Government Accountability Office in the 

13 two reports identified in paragraph (7) of this sub14 section; and shall submit transcripts of such meet15 ing, and any majority and dissenting recommenda16 tions from such meetings, to each committee of the 

17 House of Representatives and the Senate having ju18 risdiction over any Federal program to assist home19 less individuals or families not later than the expira20 tion of the 60-day period beginning upon conclusion 

21 of such meeting.’’; 

22 (4) in section 203(b)(1) (42 U.S.C. 

23 11313(b))— 

24 (A) by striking ‘‘Federal’’ and inserting 

25 ‘‘national’’; and 


rfrederick on PROD1PC67 with BILLS
14 

•HR 1877 IH

1 (B) by striking ‘‘; and’’ and inserting ‘‘and 

2 pay for expenses of attendance at meetings 

3 which are concerned with the functions or ac4 tivities for which the appropriation is made;’’; 

5 (5) in section 205(d) (42 U.S.C. 11315(d)), by 

6 striking ‘‘property.’’ and inserting ‘‘property, both 

7 real and personal, public and private, without fiscal 

8 year limitation, for the purpose of aiding or facili9 tating the work of the Council.’’; and 

10 (6) by striking section 208 (42 U.S.C. 11318) 

11 and inserting the following: 

12 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to carry out 

14 this title $3,000,000 for fiscal year 2010 and such sums 

15 as may be necessary for fiscal years 2011. Any amounts 

16 appropriated to carry out this title shall remain available 

17 until expended.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on, and shall apply begin20 ning on, the date of the enactment of this Act. 


rfrederick on PROD1PC67 with BILLS
15 

•HR 1877 IH

1 TITLE I—HOUSING ASSISTANCE 

2 GENERAL PROVISIONS 

3 SEC. 101. DEFINITIONS. 

4 Subtitle A of title IV of the McKinney-Vento Home5 less Assistance Act (42 U.S.C. 11361 et seq.) is amend6 ed— 

7 (1) by striking the subtitle heading and insert8 ing the following: 

9 ‘‘Subtitle A—General Provisions’’; 

10 (2) by redesignating sections 401 and 402 (42 

11 U.S.C. 11361, 11362) as sections 403 and 406, re12 spectively; and 

13 (3) by inserting before section 403 (as so redes14 ignated by paragraph (2) of this section) the fol15 lowing new section: 

16 ‘‘SEC. 401. DEFINITIONS. 

17 ‘‘For purposes of this title: 

18 ‘‘(1) AT RISK OF HOMELESSNESS.—The term 

19 ‘at risk of homelessness’ means, with respect to an 

20 individual or family, that the individual or family— 

21 ‘‘(A) has income below 30 percent of me22 dian income for the geographic area; 

23 ‘‘(B) has insufficient resources immediately 

24 available to attain housing stability; and 


rfrederick on PROD1PC67 with BILLS
16 

•HR 1877 IH

1 ‘‘(C)(i) has moved frequently because of 

2 economic reasons; 

3 ‘‘(ii) is living in the home of another be4 cause of economic hardship; 

5 ‘‘(iii) has been notified that their right to 

6 occupy their current housing or living situation 

7 will be terminated; 

8 ‘‘(iv) lives in a hotel or motel; 

9 ‘‘(v) lives in severely overcrowded housing; 

10 ‘‘(vi) is exiting an institution; or 

11 ‘‘(vii) otherwise lives in housing that has 

12 characteristics associated with instability and 

13 an increased risk of homelessness. 

14 Such term includes all families with children and 

15 youth defined as homeless under other Federal stat16 utes. 

17 ‘‘(2) CHRONICALLY HOMELESS.— 

18 ‘‘(A) IN GENERAL.—The term ‘chronically 

19 homeless’ means, with respect to an individual 

20 or family, that the individual or family— 

21 ‘‘(i) is homeless and lives or resides in 

22 a place not meant for human habitation, a 

23 safe haven, or in an emergency shelter; 

24 ‘‘(ii) has been homeless and living or 

25 residing in a place not meant for human 


rfrederick on PROD1PC67 with BILLS
17 

•HR 1877 IH

1 habitation, a safe haven, or in an emer2 gency shelter continuously for at least 1 

3 year or on at least 4 separate occasions in 

4 the last 3 years; and 

5 ‘‘(iii) has an adult head of household 

6 (or a minor head of household if no adult 

7 is present in the household) with a 

8 diagnosable substance use disorder, serious 

9 mental illness, developmental disability (as 

10 defined in section 102 of the Develop11 mental Disabilities Assistance and Bill of 

12 Rights Act of 2000 (42 U.S.C. 15002)), 

13 post traumatic stress disorder, cognitive 

14 impairments resulting from a brain injury, 

15 or chronic physical illness or disability, in16 cluding the co-occurrence of 2 or more of 

17 those conditions. 

18 ‘‘(B) RULE OF CONSTRUCTION.—A person 

19 who currently lives or resides in an institutional 

20 care facility, including a jail, substance abuse or 

21 mental health treatment facility, hospital or 

22 other similar facility, and has resided there for 

23 fewer than 90 days shall be considered chron24 ically homeless if such person met all of the reVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
18 

•HR 1877 IH

1 quirements described in subparagraph (A) prior 

2 to entering that facility. 

3 ‘‘(3) COLLABORATIVE APPLICANT.—The term 

4 ‘collaborative applicant’ means an entity that— 

5 ‘‘(A) carries out the duties specified in sec6 tion 402; 

7 ‘‘(B) serves as the applicant for project 

8 sponsors who jointly submit a single application 

9 for a grant under subtitle C in accordance with 

10 a collaborative process; and 

11 ‘‘(C) if the entity is a legal entity and is 

12 awarded such grant, receives such grant di13 rectly from the Secretary. 

14 ‘‘(4) COLLABORATIVE APPLICATION.—The term 

15 ‘collaborative application’ means an application for a 

16 grant under subtitle C that— 

17 ‘‘(A) satisfies section 422; and 

18 ‘‘(B) is submitted to the Secretary by a 

19 collaborative applicant. 

20 ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con21 solidated Plan’ means a comprehensive housing af22 fordability strategy and community development 

23 plan required in part 91 of title 24, Code of Federal 

24 Regulations. 


rfrederick on PROD1PC67 with BILLS
19 

•HR 1877 IH

1 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means, with respect to a subtitle, a public enti3 ty, a private entity, or an entity that is a combina4 tion of public and private entities, that is eligible to 

5 directly receive grant amounts under such subtitle. 

6 ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH

7 DEFINED AS HOMELESS UNDER OTHER FEDERAL

8 STATUTES.—The term ‘families with children and 

9 youth defined as homeless under other Federal stat10 utes’ means any children or youth that are defined 

11 as ‘homeless’ under any Federal statute other than 

12 this subtitle, but are not defined as homeless under 

13 section 103, and shall also include the parent, par14 ents, or guardian of such children or youth under 

15 subtitle B of title VII this Act (42 U.S.C. 11431 et 

16 seq.). 

17 ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo18 graphic area’ means a State, metropolitan city, 

19 urban county, town, village, or other nonentitlement 

20 area, or a combination or consortia of such, in the 

21 United States, as described in section 106 of the 

22 Housing and Community Development Act of 1974 

23 (42 U.S.C. 5306). 

24 ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS25 ABILITY.— 


rfrederick on PROD1PC67 with BILLS
20 

•HR 1877 IH

1 ‘‘(A) IN GENERAL.—The term ‘homeless 

2 individual with a disability’ means an individual 

3 who is homeless, as defined in section 103, and 

4 has a disability that— 

5 ‘‘(i)(I) is expected to be long-con6 tinuing or of indefinite duration; 

7 ‘‘(II) substantially impedes the indi8 vidual’s ability to live independently; 

9 ‘‘(III) could be improved by the provi10 sion of more suitable housing conditions; 

11 and 

12 ‘‘(IV) is a physical, mental, or emo13 tional impairment, including an impair14 ment caused by alcohol or drug abuse, post 

15 traumatic stress disorder, or brain injury; 

16 ‘‘(ii) is a developmental disability, as 

17 defined in section 102 of the Develop18 mental Disabilities Assistance and Bill of 

19 Rights Act of 2000 (42 U.S.C. 15002); or 

20 ‘‘(iii) is the disease of acquired im21 munodeficiency syndrome or any condition 

22 arising from the etiologic agency for ac23 quired immunodeficiency syndrome. 

24 ‘‘(B) RULE.—Nothing in clause (iii) of 

25 subparagraph (A) shall be construed to limit 


rfrederick on PROD1PC67 with BILLS
21 

•HR 1877 IH

1 eligibility under clause (i) or (ii) of subpara2 graph (A). 

3 ‘‘(10) LEGAL ENTITY.—The term ‘legal entity’ 

4 means— 

5 ‘‘(A) an entity described in section 

6 501(c)(3) of the Internal Revenue Code of 1986 

7 (26 U.S.C. 501(c)(3)) and exempt from tax 

8 under section 501(a) of such Code; 

9 ‘‘(B) an instrumentality of State or local 

10 government; or 

11 ‘‘(C) a consortium of instrumentalities of 

12 State or local governments that has constituted 

13 itself as an entity. 

14 ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; 

15 NONENTITLEMENT AREA.—The terms ‘metropolitan 

16 city’, ‘urban county’, and ‘nonentitlement area’ have 

17 the meanings given such terms in section 102(a) of 

18 the Housing and Community Development Act of 

19 1974 (42 U.S.C. 5302(a)). 

20 ‘‘(12) NEW.—The term ‘new’ means, with re21 spect to housing, that no assistance has been pro22 vided under this title for the housing. 

23 ‘‘(13) OPERATING COSTS.—The term ‘operating 

24 costs’ means expenses incurred by a project sponsor 


rfrederick on PROD1PC67 with BILLS
22 

•HR 1877 IH

1 operating transitional housing or permanent housing 

2 under this title with respect to— 

3 ‘‘(A) the administration, maintenance, re4 pair, and security of such housing; 

5 ‘‘(B) utilities, fuel, furnishings, and equip6 ment for such housing; or 

7 ‘‘(C) coordination of services as needed to 

8 ensure long-term housing stability. 

9 ‘‘(14) OUTPATIENT HEALTH SERVICES.—The 

10 term ‘outpatient health services’ means outpatient 

11 health care services, mental health services, and out12 patient substance abuse services. 

13 ‘‘(15) PERMANENT HOUSING.—The term ‘per14 manent housing’ means community-based housing 

15 without a designated length of stay, and includes 

16 both permanent supportive housing and permanent 

17 housing without supportive services. 

18 ‘‘(16) PERSONALLY IDENTIFYING INFORMA19 TION.—The term ‘personally identifying information’ 

20 means individually identifying information for or 

21 about an individual, including information likely to 

22 disclose the location of a victim of domestic violence, 

23 dating violence, sexual assault, or stalking, includ24 ing— 

25 ‘‘(A) a first and last name; 


rfrederick on PROD1PC67 with BILLS
23 

•HR 1877 IH

1 ‘‘(B) a home or other physical address; 

2 ‘‘(C) contact information (including a post3 al, e-mail or Internet protocol address, or tele4 phone or facsimile number); 

5 ‘‘(D) a social security number; and 

6 ‘‘(E) any other information, including date 

7 of birth, racial or ethnic background, or reli8 gious affiliation, that, in combination with any 

9 other non-personally identifying information, 

10 would serve to identify any individual. 

11 ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— 

12 The term ‘private nonprofit organization’ means an 

13 organization— 

14 ‘‘(A) no part of the net earnings of which 

15 inures to the benefit of any member, founder, 

16 contributor, or individual; 

17 ‘‘(B) that has a voluntary board; 

18 ‘‘(C) that has an accounting system, or has 

19 designated a fiscal agent in accordance with re20 quirements established by the Secretary; and 

21 ‘‘(D) that practices nondiscrimination in 

22 the provision of assistance. 

23 ‘‘(18) PROJECT.—The term ‘project’ means, 

24 with respect to activities carried out under subtitle 

25 C, eligible activities described in section 423(a), unVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
24 

•HR 1877 IH

1 dertaken pursuant to a specific endeavor, such as 

2 serving a particular population or providing a par3 ticular resource. 

4 ‘‘(19) PROJECT-BASED.—The term ‘project5 based’ means, with respect to rental assistance, that 

6 the assistance is provided pursuant to a contract 

7 that— 

8 ‘‘(A) is between— 

9 ‘‘(i) the recipient or a project sponsor; 

10 and 

11 ‘‘(ii) an owner of a structure that ex12 ists as of the date the contract is entered 

13 into; and 

14 ‘‘(B) provides that rental assistance pay15 ments shall be made to the owner and that the 

16 units in the structure shall be occupied by eligi17 ble persons for not less than the term of the 

18 contract. 

19 ‘‘(20) PROJECT SPONSOR.—The term ‘project 

20 sponsor’ means, with respect to proposed eligible ac21 tivities, the organization directly responsible for car22 rying out the proposed eligible activities. 

23 ‘‘(21) RECIPIENT.—Except as used in subtitle 

24 B, the term ‘recipient’ means an eligible entity 

25 who— 


rfrederick on PROD1PC67 with BILLS
25 

•HR 1877 IH

1 ‘‘(A) submits an application for a grant 

2 under section 422 that is approved by the Sec3 retary; 

4 ‘‘(B) receives the grant directly from the 

5 Secretary to support approved projects de6 scribed in the application; and 

7 ‘‘(C)(i) serves as a project sponsor for the 

8 projects; or 

9 ‘‘(ii) awards the funds to project sponsors 

10 to carry out the projects. 

11 ‘‘(22) SECRETARY.—The term ‘Secretary’ 

12 means the Secretary of Housing and Urban Develop13 ment. 

14 ‘‘(23) SERIOUS MENTAL ILLNESS.—The term 

15 ‘serious mental illness’ means a severe and per16 sistent mental illness or emotional impairment that 

17 seriously limits a person’s ability to live independ18 ently. 

19 ‘‘(24) SOLO APPLICANT.—The term ‘solo appli20 cant’ means an entity that is an eligible entity, di21 rectly submits an application for a grant under sub22 title C to the Secretary, and, if awarded such grant, 

23 receives such grant directly from the Secretary. 

24 ‘‘(25) SPONSOR-BASED.—The term ‘sponsor25 based’ means, with respect to rental assistance, that 


rfrederick on PROD1PC67 with BILLS
26 

•HR 1877 IH

1 the assistance is provided pursuant to a contract 

2 that— 

3 ‘‘(A) is between— 

4 ‘‘(i) the recipient or a project sponsor; 

5 and 

6 ‘‘(ii) an independent entity that— 

7 ‘‘(I) is a private organization; 

8 and 

9 ‘‘(II) owns or leases dwelling 

10 units; and 

11 ‘‘(B) provides that rental assistance pay12 ments shall be made to the independent entity 

13 and that eligible persons shall occupy such as14 sisted units. 

15 ‘‘(26) STATE.—Except as used in subtitle B, 

16 the term ‘State’ means each of the several States, 

17 the District of Columbia, the Commonwealth of 

18 Puerto Rico, the United States Virgin Islands, 

19 Guam, American Samoa, the Commonwealth of the 

20 Northern Mariana Islands, the Trust Territory of 

21 the Pacific Islands, and any other territory or pos22 session of the United States. 

23 ‘‘(27) SUPPORTIVE SERVICES.—The term ‘sup24 portive services’ means services that address the spe25 cial needs of people served by a project, including— 


rfrederick on PROD1PC67 with BILLS
27 

•HR 1877 IH

1 ‘‘(A) the establishment and operation of a 

2 child care services program for families experi3 encing homelessness; 

4 ‘‘(B) the establishment and operation of an 

5 employment assistance program, including pro6 viding job training; 

7 ‘‘(C) the provision of outpatient health 

8 services, food, and case management; 

9 ‘‘(D) the provision of assistance in obtain10 ing permanent housing, employment counseling, 

11 and nutritional counseling; 

12 ‘‘(E) the provision of outreach services, ad13 vocacy, life skills training, and housing search 

14 and counseling services; 

15 ‘‘(F) the provision of mental health serv16 ices, trauma counseling, and victim services; 

17 ‘‘(G) the provision of assistance in obtain18 ing other Federal, State, and local assistance 

19 available for residents of supportive housing 

20 (including mental health benefits, employment 

21 counseling, and medical assistance, but not in22 cluding major medical equipment); 

23 ‘‘(H) the provision of legal services for 

24 purposes including requesting reconsiderations 

25 and appeals of veterans and public benefit claim 


rfrederick on PROD1PC67 with BILLS
28 

•HR 1877 IH

1 denials and resolving outstanding warrants that 

2 interfere with an individual’s ability to obtain 

3 and retain housing; 

4 ‘‘(I) the provision of— 

5 ‘‘(i) transportation services that facili6 tate an individual’s ability to obtain and 

7 maintain employment; and 

8 ‘‘(ii) health care; and 

9 ‘‘(J) other supportive services necessary to 

10 obtain and maintain housing. 

11 ‘‘(28) TENANT-BASED.—The term ‘tenant12 based’ means, with respect to rental assistance, as13 sistance that— 

14 ‘‘(A) allows an eligible person to select a 

15 housing unit in which such person will live 

16 using rental assistance provided under subtitle 

17 C, except that if necessary to assure that the 

18 provision of supportive services to a person par19 ticipating in a program is feasible, a recipient 

20 or project sponsor may require that the person 

21 live— 

22 ‘‘(i) in a particular structure or unit 

23 for not more than the first year of the par24 ticipation; 


rfrederick on PROD1PC67 with BILLS
29 

•HR 1877 IH

1 ‘‘(ii) within a particular geographic 

2 area for the full period of the participation, 

3 or the period remaining after the period 

4 referred to in subparagraph (A); and 

5 ‘‘(B) provides that a person may receive 

6 such assistance and move to another structure, 

7 unit, or geographic area if the person has com8 plied with all other obligations of the program 

9 and has moved out of the assisted dwelling unit 

10 in order to protect the health or safety of an in11 dividual who is or has been the victim of domes12 tic violence, dating violence, sexual assault, or 

13 stalking, and who reasonably believed he or she 

14 was imminently threatened by harm from fur15 ther violence if he or she remained in the as16 sisted dwelling unit. 

17 ‘‘(29) TRANSITIONAL HOUSING.—The term 

18 ‘transitional housing’ means housing the purpose of 

19 which is to facilitate the movement of individuals 

20 and families experiencing homelessness to permanent 

21 housing within 24 months or such longer period as 

22 the Secretary determines necessary. 

23 ‘‘(30) UNIFIED FUNDING AGENCY.—The term 

24 ‘unified funding agency’ means a collaborative appliVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
30 

•HR 1877 IH

1 cant that performs the duties described in section 

2 402(g). 

3 ‘‘(31) UNDERSERVED POPULATIONS.—The 

4 term ‘underserved populations’ includes populations 

5 underserved because of geographic location, under6 served racial and ethnic populations, populations un7 derserved because of special needs (such as language 

8 barriers, disabilities, alienage status, or age), and 

9 any other population determined to be underserved 

10 by the Secretary, as appropriate. 

11 ‘‘(32) VICTIM SERVICE PROVIDER.—The term 

12 ‘victim service provider’ means a private nonprofit 

13 organization whose primary mission is to provide 

14 services to victims of domestic violence, dating vio15 lence, sexual assault, or stalking. Such term includes 

16 rape crisis centers, battered women’s shelters, do17 mestic violence transitional housing programs, and 

18 other programs. 

19 ‘‘(33) VICTIM SERVICES.—The term ‘victim 

20 services’ means services that assist domestic vio21 lence, dating violence, sexual assault, or stalking vic22 tims, including services offered by rape crisis centers 

23 and domestic violence shelters, and other organiza24 tions, with a documented history of effective work 


rfrederick on PROD1PC67 with BILLS
31 

•HR 1877 IH

1 concerning domestic violence, dating violence, sexual 

2 assault, or stalking.’’. 

3 SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING 

4 BOARDS. 

5 Subtitle A of title IV of the McKinney-Vento Home6 less Assistance Act (42 U.S.C. 11361 et seq.) is amended 

7 by inserting after section 401 (as added by section 101(3) 

8 of this Act) the following new section: 

9 ‘‘SEC. 402. COLLABORATIVE APPLICANTS. 

10 ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A col11 laborative applicant shall be established for a geographic 

12 area by the relevant parties in that geographic area to— 

13 ‘‘(1) submit an application for amounts under 

14 this subtitle; and 

15 ‘‘(2) perform the duties specified in subsection 

16 (f) and, if applicable, subsection (g). 

17 ‘‘(b) NO REQUIREMENT TO BE A LEGAL ENTITY.— 

18 An entity may be established to serve as a collaborative 

19 applicant under this section without being a legal entity. 

20 ‘‘(c) REMEDIAL ACTION.—If the Secretary finds that 

21 a collaborative applicant for a geographic area does not 

22 meet the requirements of this section, or if there is no 

23 collaborative applicant for a geographic area, the Sec24 retary may take remedial action to ensure fair distribution 

25 of grant amounts under subtitle C to eligible entities withVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
32 

•HR 1877 IH

1 in that area. Such measures may include designating an2 other body as a collaborative applicant, or permitting 

3 other eligible entities to apply directly for grants. 

4 ‘‘(d) CONSTRUCTION.—Nothing in this section shall 

5 be construed to displace conflict of interest or government 

6 fair practices laws, or their equivalent, that govern appli7 cants for grant amounts under subtitles B and C. 

8 ‘‘(e) APPOINTMENT OF AGENT.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

10 collaborative applicant may designate an agent to— 

11 ‘‘(A) apply for a grant under section 

12 422(c); 

13 ‘‘(B) receive and distribute grant funds 

14 awarded under subtitle C; and 

15 ‘‘(C) perform other administrative duties. 

16 ‘‘(2) RETENTION OF DUTIES.—Any collabo17 rative applicant that designates an agent pursuant 

18 to paragraph (1) shall regardless of such designation 

19 retain all of its duties and responsibilities under this 

20 title. 

21 ‘‘(f) DUTIES.—A collaborative applicant shall— 

22 ‘‘(1) design a collaborative process for the de23 velopment of an application under subtitle C, and 

24 for evaluating the outcomes of projects for which 

25 funds are awarded under subtitle B, in such a manVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
33 

•HR 1877 IH

1 ner as to provide information necessary for the Sec2 retary— 

3 ‘‘(A) to determine compliance with— 

4 ‘‘(i) the program requirements under 

5 section 426; and 

6 ‘‘(ii) the selection criteria described 

7 under section 427; and 

8 ‘‘(B) to establish priorities for funding 

9 projects in the geographic area involved; 

10 ‘‘(2) participate in the Consolidated Plan for 

11 the geographic area served by the collaborative ap12 plicant; and 

13 ‘‘(3) ensure operation of, and consistent partici14 pation by, project sponsors in a community-wide 

15 homeless management information system (in this 

16 subsection referred to as ‘HMIS’) that— 

17 ‘‘(A) collects unduplicated counts of indi18 viduals and families experiencing homelessness; 

19 ‘‘(B) analyzes patterns of use of assistance 

20 provided under subtitles B and C for the geo21 graphic area involved; 

22 ‘‘(C) provides information to project spon23 sors and applicants for needs analyses and 

24 funding priorities; and 


rfrederick on PROD1PC67 with BILLS
34 

•HR 1877 IH

1 ‘‘(D) is developed in accordance with 

2 standards established by the Secretary, includ3 ing standards that provide for— 

4 ‘‘(i) encryption of data collected for 

5 purposes of HMIS; 

6 ‘‘(ii) documentation, including keeping 

7 an accurate accounting, proper usage, and 

8 disclosure, of HMIS data; 

9 ‘‘(iii) access to HMIS data by staff, 

10 contractors, law enforcement, and aca11 demic researchers; 

12 ‘‘(iv) rights of persons receiving serv13 ices under this title; 

14 ‘‘(v) criminal and civil penalties for 

15 unlawful disclosure of data; and 

16 ‘‘(vi) such other standards as may be 

17 determined necessary by the Secretary. 

18 ‘‘(g) UNIFIED FUNDING.— 

19 ‘‘(1) IN GENERAL.—In addition to the duties 

20 described in subsection (f), a collaborative applicant 

21 shall receive from the Secretary and distribute to 

22 other project sponsors in the applicable geographic 

23 area funds for projects to be carried out by such 

24 other project sponsors, if— 

25 ‘‘(A) the collaborative applicant— 


rfrederick on PROD1PC67 with BILLS
35 

•HR 1877 IH

1 ‘‘(i) applies to undertake such collec2 tion and distribution responsibilities in an 

3 application submitted under this subtitle; 

4 and 

5 ‘‘(ii) is selected to perform such re6 sponsibilities by the Secretary; or 

7 ‘‘(B) the Secretary designates the collabo8 rative applicant as the unified funding agency 

9 in the geographic area, after— 

10 ‘‘(i) a finding by the Secretary that 

11 the applicant— 

12 ‘‘(I) has the capacity to perform 

13 such responsibilities; and 

14 ‘‘(II) would serve the purposes of 

15 this Act as they apply to the geo16 graphic area; and 

17 ‘‘(ii) the Secretary provides the col18 laborative applicant with the technical as19 sistance necessary to perform such respon20 sibilities as such assistance is agreed to by 

21 the collaborative applicant. 

22 ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND23 ING AGENCY.—A collaborative applicant that is ei24 ther selected or designated as a unified funding 


rfrederick on PROD1PC67 with BILLS
36 

•HR 1877 IH

1 agency for a geographic area under paragraph (1) 

2 shall— 

3 ‘‘(A) require each project sponsor who is 

4 funded by a grant received under subtitle C to 

5 establish such fiscal control and fund account6 ing procedures as may be necessary to assure 

7 the proper disbursal of, and accounting for, 

8 Federal funds awarded to the project sponsor 

9 under subtitle C in order to ensure that all fi10 nancial transactions carried out under subtitle 

11 C are conducted, and records maintained, in ac12 cordance with generally accepted accounting 

13 principles; and 

14 ‘‘(B) arrange for an annual survey, audit, 

15 or evaluation of the financial records of each 

16 project carried out by a project sponsor funded 

17 by a grant received under subtitle C. 

18 ‘‘(h) CONFLICT OF INTEREST.—No board member of 

19 a collaborative applicant may participate in decisions of 

20 the collaborative applicant concerning the award of a 

21 grant, or provision of other financial benefits, to such 

22 member or the organization that such member rep23 resents.’’. 


rfrederick on PROD1PC67 with BILLS
37 

•HR 1877 IH

1 SEC. 103. GENERAL PROVISIONS. 

2 Subtitle A of the McKinney-Vento Homeless Assist3 ance Act (42 U.S.C. 11361 et seq.) is amended by insert4 ing after section 403 (as so redesignated by section 101(2) 

5 of this Act) the following new sections: 

6 ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARA7 TION. 

8 ‘‘(a) IN GENERAL.—After the expiration of the 2- 

9 year period that begins upon the date of the enactment 

10 of the Homeless Emergency Assistance and Rapid Transi11 tion to Housing Act of 2009, and except as provided in 

12 subsection (b), any project sponsor receiving funds under 

13 this title to provide emergency shelter, transitional hous14 ing, or permanent housing to families with children under 

15 age 18 shall not deny admission to any family based on 

16 the age of any child under age 18. 

17 ‘‘(b) EXCEPTION.—Notwithstanding the requirement 

18 under subsection (a), project sponsors of transitional 

19 housing receiving funds under this title may target transi20 tional housing resources to families with children of a spe21 cific age only if the project sponsor— 

22 ‘‘(1) operates a transitional housing program 

23 that has a primary purpose of implementing an evi24 dence-based practice that requires that housing units 

25 be targeted to families with children in a specific age 

26 group; and 


rfrederick on PROD1PC67 with BILLS
38 

•HR 1877 IH

1 ‘‘(2) provides such assurances, as the Secretary 

2 shall require, that an equivalent appropriate alter3 native living arrangement for the whole family or 

4 household unit has been secured. 

5 ‘‘SEC. 405. TECHNICAL ASSISTANCE. 

6 ‘‘(a) IN GENERAL.—The Secretary shall make avail7 able technical assistance to private nonprofit organizations 

8 and other nongovernmental entities, States, metropolitan 

9 cities, urban counties, and counties that are not urban 

10 counties, to implement effective planning processes for 

11 preventing and ending homelessness, to improve their ca12 pacity to prepare collaborative applications, to prevent the 

13 separation of families in emergency shelter or other hous14 ing programs, and to adopt and provide best practices in 

15 housing and services for persons experiencing homeless. 

16 ‘‘(b) RESERVATION.—The Secretary shall reserve not 

17 more than 1 percent of the funds made available for any 

18 fiscal year for carrying out subtitles B and C, to provide 

19 technical assistance under subsection (a).’’. 

20 SEC. 104. PROTECTION OF PERSONALLY IDENTIFYING IN21 FORMATION BY VICTIM SERVICE PROVIDERS. 

22 Subtitle A of the McKinney-Vento Homeless Assist23 ance Act (42 U.S.C. 11361 et seq.), as amended by the 

24 preceding provisions of this title, is further amended by 

25 adding at the end the following new section: 


rfrederick on PROD1PC67 with BILLS
39 

•HR 1877 IH

1 ‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING IN2 FORMATION BY VICTIM SERVICE PROVIDERS. 

3 ‘‘In the course of awarding grants or implementing 

4 programs under this title, the Secretary shall instruct any 

5 victim service provider that is a recipient or subgrantee 

6 not to disclose for purposes of the Homeless Management 

7 Information System any personally identifying informa8 tion about any client. The Secretary may, after public no9 tice and comment, require or ask such recipients and sub10 grantees to disclose for purposes of the Homeless Manage11 ment Information System non-personally identifying infor12 mation that has been de-identified, encrypted, or otherwise 

13 encoded. Nothing in this section shall be construed to su14 persede any provision of any Federal, State, or local law 

15 that provides greater protection than this subsection for 

16 victims of domestic violence, dating violence, sexual as17 sault, or stalking.’’. 

18 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

19 Subtitle A of the McKinney-Vento Homeless Assist20 ance Act (42 U.S.C. 11361 et seq.), as amended by the 

21 preceding provisions of this title, is further amended by 

22 adding at the end the following new section: 

23 ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘There are authorized to be appropriated to carry out 

25 this title $2,200,000,000 for fiscal year 2010 and such 

26 sums as may be necessary for fiscal year 2011.’’. 


rfrederick on PROD1PC67 with BILLS
40 

•HR 1877 IH

1 TITLE II—EMERGENCY 

2 SOLUTIONS GRANTS PROGRAM 

3 SEC. 201. GRANT ASSISTANCE. 

4 Subtitle B of title IV of the McKinney-Vento Home5 less Assistance Act (42 U.S.C. 11371 et seq.) is amend6 ed— 

7 (1) by striking the subtitle heading and insert8 ing the following: 

9 ‘‘Subtitle B—Emergency Solutions 

10 Grants Program’’; 

11 (2) by striking section 417 (42 U.S.C. 11377); 

12 (3) by redesignating sections 413 through 416 

13 (42 U.S.C. 11373–6) as sections 414 through 417, 

14 respectively; and 

15 (4) by striking section 412 (42 U.S.C. 11372) 

16 and inserting the following: 

17 ‘‘SEC. 412. GRANT ASSISTANCE. 

18 ‘‘The Secretary shall make grants to States and local 

19 governments (and to private nonprofit organizations pro20 viding assistance to persons experiencing homelessness or 

21 at risk of homelessness, in the case of grants made with 

22 reallocated amounts) for the purpose of carrying out ac23 tivities described in section 415. 


rfrederick on PROD1PC67 with BILLS
41 

•HR 1877 IH

1 ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE. 

2 ‘‘(a) IN GENERAL.—Of the amount made available 

3 to carry out this subtitle and subtitle C for a fiscal year, 

4 the Secretary shall allocate nationally 20 percent of such 

5 amount for activities described in section 415. The Sec6 retary shall be required to certify that such allocation will 

7 not adversely affect the renewal of existing projects under 

8 this subtitle and subtitle C for those individuals or families 

9 who are homeless. 

10 ‘‘(b) ALLOCATION.—An entity that receives a grant 

11 under section 412, and serves an area that includes 1 or 

12 more geographic areas (or portions of such areas) served 

13 by collaborative applicants that submit applications under 

14 subtitle C, shall allocate the funds made available through 

15 the grant to carry out activities described in section 415, 

16 in consultation with the collaborative applicants.’’; and 

17 (5) in section 414(b) (42 U.S.C. 11373(b)), as 

18 so redesignated by paragraph (3) of this section, by 

19 striking ‘‘amounts appropriated’’ and all that follows 

20 through ‘‘for any’’ and inserting ‘‘amounts appro21 priated under section 408 and made available to 

22 carry out this subtitle for any’’. 

23 SEC. 202. ELIGIBLE ACTIVITIES. 

24 The McKinney-Vento Homeless Assistance Act is 

25 amended by striking section 415 (42 U.S.C. 11374), as 


rfrederick on PROD1PC67 with BILLS
42 

•HR 1877 IH

1 so redesignated by section 201(3) of this Act, and insert2 ing the following new section: 

3 ‘‘SEC. 415. ELIGIBLE ACTIVITIES. 

4 ‘‘(a) IN GENERAL.—Assistance provided under sec5 tion 412 may be used for the following activities: 

6 ‘‘(1) The renovation, major rehabilitation, or 

7 conversion of buildings to be used as emergency 

8 shelters. 

9 ‘‘(2) The provision of essential services related 

10 to emergency shelter or street outreach, including 

11 services concerned with employment, health, edu12 cation, family support services for homeless youth, 

13 substance abuse services, victim services, or mental 

14 health services, if— 

15 ‘‘(A) such essential services have not been 

16 provided by the local government during any 

17 part of the immediately preceding 12-month pe18 riod or the Secretary determines that the local 

19 government is in a severe financial deficit; or 

20 ‘‘(B) the use of assistance under this sub21 title would complement the provision of those 

22 essential services. 

23 ‘‘(3) Maintenance, operation, insurance, provi24 sion of utilities, and provision of furnishings related 

25 to emergency shelter. 


rfrederick on PROD1PC67 with BILLS
43 

•HR 1877 IH

1 ‘‘(4) Provision of rental assistance to provide 

2 short-term or medium-term housing to homeless in3 dividuals or families or individuals or families at risk 

4 of homelessness. Such rental assistance may include 

5 tenant-based or project-based rental assistance. 

6 ‘‘(5) Housing relocation or stabilization services 

7 for homeless individuals or families or individuals or 

8 families at risk of homelessness, including housing 

9 search, mediation or outreach to property owners, 

10 legal services, credit repair, providing security or 

11 utility deposits, utility payments, rental assistance 

12 for a final month at a location, assistance with mov13 ing costs, or other activities that are effective at— 

14 ‘‘(A) stabilizing individuals and families in 

15 their current housing; or 

16 ‘‘(B) quickly moving such individuals and 

17 families to other permanent housing. 

18 ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY

19 SHELTER ACTIVITIES.—A grantee of assistance provided 

20 under section 412 for any fiscal year may not use an 

21 amount of such assistance for activities described in para22 graphs (1) through (3) of subsection (a) that exceeds the 

23 greater of— 


rfrederick on PROD1PC67 with BILLS
44 

•HR 1877 IH

1 ‘‘(1) 60 percent of the aggregate amount of 

2 such assistance provided for the grantee for such fis3 cal year; or 

4 ‘‘(2) the amount expended by such grantee for 

5 such activities during fiscal year most recently com6 pleted before the effective date under section 503 of 

7 the Homeless Emergency Assistance and Rapid 

8 Transition to Housing Act of 2009.’’. 

9 SEC. 203. PARTICIPATION IN HOMELESS MANAGEMENT IN10 FORMATION SYSTEM. 

11 Section 416 of the McKinney-Vento Homeless Assist12 ance Act (42 U.S.C. 11375), as so redesignated by section 

13 201(3) of this Act, is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(f) PARTICIPATION IN HMIS.—The Secretary shall 

16 ensure that recipients of funds under this subtitle ensure 

17 the consistent participation by emergency shelters and 

18 homelessness prevention and rehousing programs in any 

19 applicable community-wide homeless management infor20 mation system.’’. 

21 SEC. 204. ADMINISTRATIVE PROVISION. 

22 Section 418 of the McKinney-Vento Homeless Assist23 ance Act (42 U.S.C. 11378) is amended by striking ‘‘5 

24 percent’’ and inserting ‘‘7.5 percent’’. 


rfrederick on PROD1PC67 with BILLS
45 

•HR 1877 IH

1 SEC. 205. GAO STUDY OF ADMINISTRATIVE FEES. 

2 Not later than the expiration of the 12-month period 

3 beginning on the date of the enactment of this Act, the 

4 Comptroller General of the United States shall— 

5 (1) conduct a study to examine the appropriate 

6 administrative costs for administering the program 

7 authorized under subtitle B of title IV of the McKin8 ney-Vento Homeless Assistance Act (42 U.S.C. 

9 11371 et seq.); and 

10 (2) submit to Congress a report on the findings 

11 of the study required under paragraph (1). 

12 TITLE III—CONTINUUM OF CARE 

13 PROGRAM 

14 SEC. 301. CONTINUUM OF CARE. 

15 The McKinney-Vento Homeless Assistance Act is 

16 amended— 

17 (1) by striking the subtitle heading for subtitle 

18 C of title IV (42 U.S.C. 11381 et seq.) and inserting 

19 the following: 

20 ‘‘Subtitle C—Continuum of Care 

21 Program’’; 

22 and 

23 (2) by striking sections 421 and 422 (42 U.S.C. 

24 11381 and 11382) and inserting the following new 

25 sections: 


rfrederick on PROD1PC67 with BILLS
46 

•HR 1877 IH

1 ‘‘SEC. 421. PURPOSES. 

2 ‘‘The purposes of this subtitle are— 

3 ‘‘(1) to promote community-wide commitment 

4 to the goal of ending homelessness; 

5 ‘‘(2) to provide funding for efforts by nonprofit 

6 providers and State and local governments to quickly 

7 rehouse homeless individuals and families while 

8 minimizing the trauma and dislocation caused to in9 dividuals, families, and communities by homeless10 ness; 

11 ‘‘(3) to promote access to, and effective utiliza12 tion of, mainstream programs described in section 

13 203(a)(7) and programs funded with State or local 

14 resources; and 

15 ‘‘(4) to optimize self-sufficiency among individ16 uals and families experiencing homelessness. 

17 ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS AND 

18 GRANTS. 

19 ‘‘(a) PROJECTS.—The Secretary shall award grants, 

20 on a competitive basis, and using the selection criteria de21 scribed in section 427, to carry out eligible activities under 

22 this subtitle for projects that meet the program require23 ments under section 426, either by directly awarding 

24 funds to project sponsors or by awarding funds to unified 

25 funding agencies. 


rfrederick on PROD1PC67 with BILLS
47 

•HR 1877 IH

1 ‘‘(b) NOTIFICATION OF FUNDING AVAILABILITY.— 

2 The Secretary shall release a notification of funding avail3 ability for grants awarded under this subtitle for a fiscal 

4 year not later than 3 months after the date of the enact5 ment of the appropriate Act making appropriations for the 

6 Department of Housing and Urban Development for such 

7 fiscal year. 

8 ‘‘(c) APPLICATIONS.— 

9 ‘‘(1) SUBMISSION TO THE SECRETARY.—To be 

10 eligible to receive a grant under subsection (a), a 

11 project sponsor or unified funding agency in a geo12 graphic area shall submit an application to the Sec13 retary at such time and in such manner as the Sec14 retary may require, and containing such information 

15 as the Secretary determines necessary— 

16 ‘‘(A) to determine compliance with the pro17 gram requirements and selection criteria under 

18 this subtitle; and 

19 ‘‘(B) to establish priorities for funding 

20 projects in the geographic area. 

21 ‘‘(2) ANNOUNCEMENT OF AWARDS.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the Secretary shall an24 nounce, within 5 months after the last date for 

25 the submission of applications described in this 


rfrederick on PROD1PC67 with BILLS
48 

•HR 1877 IH

1 subsection for a fiscal year, the grants condi2 tionally awarded under subsection (a) for that 

3 fiscal year. 

4 ‘‘(B) TRANSITION.—For a period of up to 

5 2 years beginning after the effective date under 

6 section 503 of the Homeless Emergency Assist7 ance and Rapid Transition to Housing Act of 

8 2009, the Secretary shall announce, within 6 

9 months after the last date for the submission of 

10 applications described in this subsection for a 

11 fiscal year, the grants conditionally awarded 

12 under subsection (a) for that fiscal year. 

13 ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILIZATION

14 OF FUNDS.— 

15 ‘‘(1) REQUIREMENTS FOR OBLIGATION.— 

16 ‘‘(A) IN GENERAL.—Not later than 9 

17 months after the announcement referred to in 

18 subsection (c)(2), each recipient or project 

19 sponsor shall meet all requirements for the obli20 gation of those funds, including site control, 

21 matching funds, and environmental review re22 quirements, except as provided in subpara23 graphs (B) and (C). 

24 ‘‘(B) ACQUISITION, REHABILITATION, OR

25 CONSTRUCTION.—Not later than 24 months 


rfrederick on PROD1PC67 with BILLS
49 

•HR 1877 IH

1 after the announcement referred to in sub2 section (c)(2), each recipient or project sponsor 

3 seeking the obligation of funds for acquisition 

4 of housing, rehabilitation of housing, or con5 struction of new housing for a grant announced 

6 under subsection (c)(2) shall meet all require7 ments for the obligation of those funds, includ8 ing site control, matching funds, and environ9 mental review requirements. 

10 ‘‘(C) EXTENSIONS.—At the discretion of 

11 the Secretary, and in compelling circumstances, 

12 the Secretary may extend the date by which a 

13 recipient or project sponsor shall meet the re14 quirements described in subparagraphs (A) and 

15 (B) if the Secretary determines that compliance 

16 with the requirements was delayed due to fac17 tors beyond the reasonable control of the recipi18 ent or project sponsor. Such factors may in19 clude difficulties in obtaining site control for a 

20 proposed project, completing the process of ob21 taining secure financing for the project, obtain22 ing approvals from State or local governments, 

23 or completing the technical submission require24 ments for the project. 


rfrederick on PROD1PC67 with BILLS
50 

•HR 1877 IH

1 ‘‘(2) OBLIGATION.—Not later than 45 days 

2 after a recipient or project sponsor meets the re3 quirements described in paragraph (1), the Sec4 retary shall obligate the funds for the grant involved. 

5 ‘‘(3) DISTRIBUTION.—A recipient that receives 

6 funds through such a grant— 

7 ‘‘(A) shall distribute the funds to project 

8 sponsors (in advance of expenditures by the 

9 project sponsors); and 

10 ‘‘(B) shall distribute the appropriate por11 tion of the funds to a project sponsor not later 

12 than 45 days after receiving a request for such 

13 distribution from the project sponsor. 

14 ‘‘(4) EXPENDITURE OF FUNDS.—The Secretary 

15 may establish a date by which funds made available 

16 through a grant announced under subsection (c)(2) 

17 for a homeless assistance project shall be entirely ex18 pended by the recipient or project sponsors involved. 

19 The date established under this paragraph shall not 

20 occur before the expiration of the 24-month period 

21 beginning on the date that funds are obligated for 

22 activities described under paragraphs (1) or (2) of 

23 section 423(a). The Secretary shall recapture the 

24 funds not expended by such date. The Secretary 

25 shall reallocate the funds for another homeless asVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
51 

•HR 1877 IH

1 sistance and prevention project that meets the re2 quirements of this subtitle to be carried out, if pos3 sible and appropriate, in the same geographic area 

4 as the area served through the original grant. 

5 ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL AP6 PLICANTS.—The Secretary may renew funding for a spe7 cific project previously funded under this subtitle that the 

8 Secretary determines meets the purposes of this subtitle, 

9 and was included as part of a total application that met 

10 the criteria of subsection (c), even if the application was 

11 not selected to receive grant assistance. The Secretary 

12 may renew the funding for a period of not more than 1 

13 year, and under such conditions as the Secretary deter14 mines to be appropriate. 

15 ‘‘(f) CONSIDERATIONS IN DETERMINING RENEWAL

16 FUNDING.—When providing renewal funding for leasing, 

17 operating costs, or rental assistance for permanent hous18 ing, the Secretary shall make adjustments proportional to 

19 increases in the fair market rents in the geographic area. 

20 ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO21 GRAPHIC AREA.—If more than 1 collaborative applicant 

22 applies for funds for a geographic area, the Secretary shall 

23 award funds to the collaborative applicant with the highest 

24 score based on the selection criteria set forth in section 

25 427. 


rfrederick on PROD1PC67 with BILLS
52 

•HR 1877 IH

1 ‘‘(h) APPEALS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall estab3 lish a timely appeal procedure for grant amounts 

4 awarded or denied under this subtitle pursuant to a 

5 collaborative application or solo application for fund6 ing. 

7 ‘‘(2) PROCESS.—The Secretary shall ensure 

8 that the procedure permits appeals submitted by en9 tities carrying out homeless housing and services 

10 projects (including emergency shelters and homeless11 ness prevention programs), and all other applicants 

12 under this subtitle. 

13 ‘‘(i) SOLO APPLICANTS.—A solo applicant may sub14 mit an application to the Secretary for a grant under sub15 section (a) and be awarded such grant on the same basis 

16 as such grants are awarded to other applicants based on 

17 the criteria described in section 427, but only if the Sec18 retary determines that the solo applicant has attempted 

19 to participate in the continuum of care process but was 

20 not permitted to participate in a reasonable manner. The 

21 Secretary may award such grants directly to such appli22 cants in a manner determined to be appropriate by the 

23 Secretary. 

24 ‘‘(j) FLEXIBILITY TO SERVE PERSONS DEFINED AS

25 HOMELESS UNDER OTHER FEDERAL LAWS.— 


rfrederick on PROD1PC67 with BILLS
53 

•HR 1877 IH

1 ‘‘(1) IN GENERAL.—A collaborative applicant 

2 may use not more than 10 percent of funds awarded 

3 under this subtitle (continuum of care funding) for 

4 any of the types of eligible activities specified in 

5 paragraphs (1) through (7) of section 423(a) to 

6 serve families with children and youth defined as 

7 homeless under other Federal statutes, or homeless 

8 families with children and youth defined as homeless 

9 under section 103(a)(6), but only if the applicant 

10 demonstrates that the use of such funds is of an 

11 equal or greater priority or is equally or more cost 

12 effective in meeting the overall goals and objectives 

13 of the plan submitted under section 427(b)(1)(B), 

14 especially with respect to children and unaccom15 panied youth. 

16 ‘‘(2) LIMITATIONS.—The 10 percent limitation 

17 under paragraph (1) shall not apply to collaborative 

18 applicants in which the rate of homelessness, as cal19 culated in the most recent point in time count, is 

20 less than one-tenth of 1 percent of total population. 

21 ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding sec23 tion 103(a) and subject to subparagraph (B), 

24 funds awarded under this subtitle may be used 

25 for eligible activities to serve unaccompanied 


rfrederick on PROD1PC67 with BILLS
54 

•HR 1877 IH

1 youth and homeless families and children de2 fined as homeless under section 103(a)(6) only 

3 pursuant to paragraph (1) of this subsection 

4 and such families and children shall not other5 wise be considered as homeless for purposes of 

6 this subtitle. 

7 ‘‘(B) AT RISK OF HOMELESSNESS.—Sub8 paragraph (A) may not be construed to prevent 

9 any unaccompanied youth and homeless families 

10 and children defined as homeless under section 

11 103(a)(6) from qualifying for, and being treat12 ed for purposes of this subtitle as, at risk of 

13 homelessness or from eligibility for any 

14 projects, activities, or services carried out using 

15 amounts provided under this subtitle for which 

16 individuals or families that are at risk of home17 lessness are eligible.’’. 

18 SEC. 302. ELIGIBLE ACTIVITIES. 

19 The McKinney-Vento Homeless Assistance Act is 

20 amended by striking section 423 (42 U.S.C. 11383) and 

21 inserting the following new section: 

22 ‘‘SEC. 423. ELIGIBLE ACTIVITIES. 

23 ‘‘(a) IN GENERAL.—Grants awarded under section 

24 422 to qualified applicants shall be used to carry out 


rfrederick on PROD1PC67 with BILLS
55 

•HR 1877 IH

1 projects that serve homeless individuals or families that 

2 consist of one or more of the following eligible activities: 

3 ‘‘(1) Construction of new housing units to pro4 vide transitional or permanent housing. 

5 ‘‘(2) Acquisition or rehabilitation of a structure 

6 to provide transitional or permanent housing, other 

7 than emergency shelter, or to provide supportive 

8 services. 

9 ‘‘(3) Leasing of property, or portions of prop10 erty, not owned by the recipient or project sponsor 

11 involved, for use in providing transitional or perma12 nent housing, or providing supportive services. 

13 ‘‘(4) Provision of rental assistance to provide 

14 transitional or permanent housing to eligible per15 sons. The rental assistance may include tenant16 based, project-based, or sponsor-based rental assist17 ance. Project-based rental assistance, sponsor-based 

18 rental assistance, and operating cost assistance con19 tracts carried out by project sponsors receiving 

20 grants under this section may, at the discretion of 

21 the applicant and the project sponsor, have an initial 

22 term of 15 years, with assistance for the first 5 

23 years paid with funds authorized for appropriation 

24 under this Act, and assistance for the remainder of 

25 the term treated as a renewal of an expiring conVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
56 

•HR 1877 IH

1 tract as provided in section 429. Project-based rent2 al assistance may include rental assistance to pre3 serve existing permanent supportive housing for 

4 homeless individuals and families. 

5 ‘‘(5) Payment of operating costs for housing 

6 units assisted under this subtitle or for the preserva7 tion of housing that will serve homeless individuals 

8 and families and for which another form of assist9 ance is expiring or otherwise no longer available. 

10 ‘‘(6) Supportive services for individuals and 

11 families who are currently homeless, who have been 

12 homeless in the prior six months but are currently 

13 residing in permanent housing, or who were pre14 viously homeless and are currently residing in per15 manent supportive housing. 

16 ‘‘(7) Provision of rehousing services, including 

17 housing search, mediation or outreach to property 

18 owners, credit repair, providing security or utility 

19 deposits, rental assistance for a final month at a lo20 cation, assistance with moving costs, or other activi21 ties that— 

22 ‘‘(A) are effective at moving homeless indi23 viduals and families immediately into housing; 

24 or 


rfrederick on PROD1PC67 with BILLS
57 

•HR 1877 IH

1 ‘‘(B) may benefit individuals and families 

2 who in the prior 6 months have been homeless, 

3 but are currently residing in permanent hous4 ing. 

5 ‘‘(8) In the case of a collaborative applicant 

6 that is a legal entity, performance of the duties de7 scribed under section 402(f)(3). 

8 ‘‘(9) Operation of, participation in, and ensur9 ing consistent participation by project sponsors in, a 

10 community-wide homeless management information 

11 system. 

12 ‘‘(10) In the case of a collaborative applicant 

13 that is a legal entity, payment of administrative 

14 costs related to meeting the requirements described 

15 in paragraphs (1) and (2) of section 402(f), for 

16 which the collaborative applicant may use not more 

17 than 3 percent of the total funds made available in 

18 the geographic area under this subtitle for such 

19 costs. 

20 ‘‘(11) In the case of a collaborative applicant 

21 that is a unified funding agency under section 

22 402(g), payment of administrative costs related to 

23 meeting the requirements of that section, for which 

24 the unified funding agency may use not more than 

25 3 percent of the total funds made available in the 


rfrederick on PROD1PC67 with BILLS
58 

•HR 1877 IH

1 geographic area under this subtitle for such costs, in 

2 addition to funds used under paragraph (10). 

3 ‘‘(12) Payment of administrative costs to 

4 project sponsors, for which each project sponsor may 

5 use not more than 10 percent of the total funds 

6 made available to that project sponsor through this 

7 subtitle for such costs. 

8 ‘‘(b) MINIMUM GRANT TERMS.—The Secretary may 

9 impose minimum grant terms of up to 5 years for new 

10 projects providing permanent housing. 

11 ‘‘(c) USE RESTRICTIONS.— 

12 ‘‘(1) ACQUISITION, REHABILITATION, AND NEW

13 CONSTRUCTION.—A project that consists of activities 

14 described in paragraph (1) or (2) of subsection (a) 

15 shall be operated for the purpose specified in the ap16 plication submitted for the project under section 422 

17 for not less than 15 years. 

18 ‘‘(2) OTHER ACTIVITIES.—A project that con19 sists of activities described in any of paragraphs (3) 

20 through (12) of subsection (a) shall be operated for 

21 the purpose specified in the application submitted 

22 for the project under section 422 for the duration of 

23 the grant period involved. 

24 ‘‘(3) CONVERSION.—If the recipient or project 

25 sponsor carrying out a project that provides transiVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
59 

•HR 1877 IH

1 tional or permanent housing submits a request to 

2 the Secretary to carry out instead a project for the 

3 direct benefit of low-income persons, and the Sec4 retary determines that the initial project is no longer 

5 needed to provide transitional or permanent housing, 

6 the Secretary may approve the project described in 

7 the request and authorize the recipient or project 

8 sponsor to carry out that project. 

9 ‘‘(d) REPAYMENT OF ASSISTANCE AND PREVENTION

10 OF UNDUE BENEFITS.— 

11 ‘‘(1) REPAYMENT.—If a recipient or project 

12 sponsor receives assistance under section 422 to 

13 carry out a project that consists of activities de14 scribed in paragraph (1) or (2) of subsection (a) and 

15 the project ceases to provide transitional or perma16 nent housing— 

17 ‘‘(A) earlier than 10 years after operation 

18 of the project begins, the Secretary shall re19 quire the recipient or project sponsor to repay 

20 100 percent of the assistance; or 

21 ‘‘(B) not earlier than 10 years, but earlier 

22 than 15 years, after operation of the project be23 gins, the Secretary shall require the recipient or 

24 project sponsor to repay 20 percent of the as25 sistance for each of the years in the 15-year peVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
60 

•HR 1877 IH

1 riod for which the project fails to provide that 

2 housing. 

3 ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex4 cept as provided in paragraph (3), if any property 

5 is used for a project that receives assistance under 

6 subsection (a) and consists of activities described in 

7 paragraph (1) or (2) of subsection (a), and the sale 

8 or other disposition of the property occurs before the 

9 expiration of the 15-year period beginning on the 

10 date that operation of the project begins, the recipi11 ent or project sponsor who received the assistance 

12 shall comply with such terms and conditions as the 

13 Secretary may prescribe to prevent the recipient or 

14 project sponsor from unduly benefitting from such 

15 sale or disposition. 

16 ‘‘(3) EXCEPTION.—A recipient or project spon17 sor shall not be required to make the repayments, 

18 and comply with the terms and conditions, required 

19 under paragraph (1) or (2) if— 

20 ‘‘(A) the sale or disposition of the property 

21 used for the project results in the use of the 

22 property for the direct benefit of very low-in23 come persons; 

24 ‘‘(B) all of the proceeds of the sale or dis25 position are used to provide transitional or perVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
61 

•HR 1877 IH

1 manent housing meeting the requirements of 

2 this subtitle; 

3 ‘‘(C) project-based rental assistance or op4 erating cost assistance from any Federal pro5 gram or an equivalent State or local program is 

6 no longer made available and the project is 

7 meeting applicable performance standards, pro8 vided that the portion of the project that had 

9 benefitted from such assistance continues to 

10 meet the tenant income and rent restrictions for 

11 low-income units under section 42(g) of the In12 ternal Revenue Code of 1986; or 

13 ‘‘(D) there are no individuals and families 

14 in the geographic area who are homeless, in 

15 which case the project may serve individuals 

16 and families at risk of homelessness. 

17 ‘‘(e) STAFF TRAINING.—The Secretary may allow 

18 reasonable costs associated with staff training to be in19 cluded as part of the activities described in subsection (a). 

20 ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.—Any 

21 project that receives assistance under subsection (a) and 

22 that provides project-based or sponsor-based permanent 

23 housing for homeless individuals or families with a dis24 ability, including projects that meet the requirements of 

25 subsection (a) and subsection (d)(2)(A) of section 428 


rfrederick on PROD1PC67 with BILLS
62 

•HR 1877 IH

1 may also serve individuals who had previously met the re2 quirements for such project prior to moving into a dif3 ferent permanent housing project. 

4 ‘‘(g) ADMINISTRATION OF RENTAL ASSISTANCE.— 

5 Provision of permanent housing rental assistance shall be 

6 administered by a State, unit of general local government, 

7 or public housing agency.’’. 

8 SEC. 303. HIGH PERFORMING COMMUNITIES. 

9 The McKinney-Vento Homeless Assistance Act is 

10 amended by striking section 424 (42 U.S.C. 11384) and 

11 inserting the following: 

12 ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMU13 NITIES. 

14 ‘‘(a) DESIGNATION AS A HIGH-PERFORMING COMMU15 NITY.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall des17 ignate, on an annual basis, which collaborative appli18 cants represent high-performing communities. 

19 ‘‘(2) CONSIDERATION.—In determining whether 

20 to designate a collaborative applicant as a high-per21 forming community under paragraph (1), the Sec22 retary shall establish criteria to ensure that the re23 quirements described under paragraphs (1)(B) and 

24 (2)(B) of subsection (d) are measured by comparing 

25 homeless individuals and families under similar cirVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
63 

•HR 1877 IH

1 cumstances, in order to encourage projects in the ge2 ographic area to serve homeless individuals and fam3 ilies with more severe barriers to housing stability. 

4 ‘‘(3) 2-YEAR PHASE IN.—In each of the first 2 

5 years after the effective date under section 503 of 

6 the Homeless Emergency Assistance and Rapid 

7 Transition to Housing Act of 2009, the Secretary 

8 shall designate not more than 10 collaborative appli9 cants as high-performing communities. 

10 ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, 

11 during the 2-year period described under paragraph 

12 (2), more than 10 collaborative applicants could 

13 qualify to be designated as high-performing commu14 nities, the Secretary shall designate the 10 that 

15 have, in the discretion of the Secretary, the best per16 formance based on the criteria described under sub17 section (d). 

18 ‘‘(5) TIME LIMIT ON DESIGNATION.—The des19 ignation of any collaborative applicant as a high-per20 forming community under this subsection shall be 

21 effective only for the year in which such designation 

22 is made. The Secretary, on an annual basis, may 

23 renew any such designation. 

24 ‘‘(b) APPLICATION.— 


rfrederick on PROD1PC67 with BILLS
64 

•HR 1877 IH

1 ‘‘(1) IN GENERAL.—A collaborative applicant 

2 seeking designation as a high-performing community 

3 under subsection (a) shall submit an application to 

4 the Secretary at such time, and in such manner as 

5 the Secretary may require. 

6 ‘‘(2) CONTENT OF APPLICATION.—In any appli7 cation submitted under paragraph (1), a collabo8 rative applicant shall include in such application— 

9 ‘‘(A) a report showing how any money re10 ceived under this subtitle in the preceding year 

11 was expended; and 

12 ‘‘(B) information that such applicant can 

13 meet the requirements described under sub14 section (d). 

15 ‘‘(3) PUBLICATION OF APPLICATION.—The Sec16 retary shall— 

17 ‘‘(A) publish any report or information 

18 submitted in an application under this section 

19 in the geographic area represented by the col20 laborative applicant; and 

21 ‘‘(B) seek comments from the public as to 

22 whether the collaborative applicant seeking des23 ignation as a high-performing community meets 

24 the requirements described under subsection 

25 (d). 


rfrederick on PROD1PC67 with BILLS
65 

•HR 1877 IH

1 ‘‘(c) USE OF FUNDS.—Funds awarded under section 

2 422(a) to a project sponsor who is located in a high-per3 forming community may be used— 

4 ‘‘(1) for any of the eligible activities described 

5 in section 423; or 

6 ‘‘(2) for any of the eligible activities described 

7 in paragraphs (4) and (5) of section 415(a). 

8 ‘‘(d) DEFINITION OF HIGH-PERFORMING COMMU9 NITY.—For purposes of this section, the term ‘high-per10 forming community’ means a geographic area that dem11 onstrates through reliable data that all five of the fol12 lowing requirements are met for that geographic area: 

13 ‘‘(1) TERM OF HOMELESSNESS.—The mean 

14 length of episodes of homelessness for that geo15 graphic area— 

16 ‘‘(A) is less than 20 days; or 

17 ‘‘(B) for individuals and families in similar 

18 circumstances in the preceding year was at 

19 least 10 percent less than in the year before. 

20 ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of 

21 individuals and families— 

22 ‘‘(A) who leave homelessness, fewer than 5 

23 percent of such individuals and families become 

24 homeless again at any time within the next 2 

25 years; or 


rfrederick on PROD1PC67 with BILLS
66 

•HR 1877 IH

1 ‘‘(B) in similar circumstances who leave 

2 homelessness, the percentage of such individ3 uals and families who become homeless again 

4 within the next 2 years has decreased by at 

5 least 20 percent from the preceding year. 

6 ‘‘(3) COMMUNITY ACTION.—The communities 

7 that compose the geographic area have— 

8 ‘‘(A) actively encouraged homeless individ9 uals and families to participate in homeless as10 sistance services available in that geographic 

11 area; and 

12 ‘‘(B) included each homeless individual or 

13 family who sought homeless assistance services 

14 in the data system used by that community for 

15 determining compliance with this subsection. 

16 ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI17 TIES.—If recipients in the geographic area have 

18 used funding awarded under section 422(a) for eligi19 ble activities described under section 415(a) in pre20 vious years based on the authority granted under 

21 subsection (c), that such activities were effective at 

22 reducing the number of individuals and families who 

23 became homeless in that community. 

24 ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED

25 AS HOMELESS UNDER OTHER FEDERAL LAWS.— 


rfrederick on PROD1PC67 with BILLS
67 

•HR 1877 IH

1 With respect to collaborative applicants exercising 

2 the authority under section 422(j) to serve homeless 

3 families with children and youth defined as homeless 

4 under other Federal statutes, effectiveness in achiev5 ing the goals and outcomes identified in subsection 

6 427(b)(1)(F) according to such standards as the 

7 Secretary shall promulgate. 

8 ‘‘(e) COOPERATION AMONG ENTITIES.—A collabo9 rative applicant designated as a high-performing commu10 nity under this section shall cooperate with the Secretary 

11 in distributing information about successful efforts within 

12 the geographic area represented by the collaborative appli13 cant to reduce homelessness.’’. 

14 SEC. 304. PROGRAM REQUIREMENTS. 

15 Section 426 of the McKinney-Vento Homeless Assist16 ance Act (42 U.S.C. 11386) is amended— 

17 (1) by striking subsections (a), (b), and (c) and 

18 inserting the following: 

19 ‘‘(a) SITE CONTROL.—The Secretary shall require 

20 that each application include reasonable assurances that 

21 the applicant will own or have control of a site for the 

22 proposed project not later than the expiration of the 12- 

23 month period beginning upon notification of an award for 

24 grant assistance, unless the application proposes providing 

25 supportive housing assistance under section 423(a)(3) or 


rfrederick on PROD1PC67 with BILLS
68 

•HR 1877 IH

1 housing that will eventually be owned or controlled by the 

2 families and individuals served. An applicant may obtain 

3 ownership or control of a suitable site different from the 

4 site specified in the application. If any recipient or project 

5 sponsor fails to obtain ownership or control of the site 

6 within 12 months after notification of an award for grant 

7 assistance, the grant shall be recaptured and reallocated 

8 under this subtitle. 

9 ‘‘(b) REQUIRED AGREEMENTS.—The Secretary may 

10 not provide assistance for a proposed project under this 

11 subtitle unless the collaborative applicant involved 

12 agrees— 

13 ‘‘(1) to ensure the operation of the project in 

14 accordance with the provisions of this subtitle; 

15 ‘‘(2) to monitor and report to the Secretary the 

16 progress of the project; 

17 ‘‘(3) to ensure, to the maximum extent prac18 ticable, that individuals and families experiencing 

19 homelessness are involved, through employment, pro20 vision of volunteer services, or otherwise, in con21 structing, rehabilitating, maintaining, and operating 

22 facilities for the project and in providing supportive 

23 services for the project; 

24 ‘‘(4) to require certification from all project 

25 sponsors that— 


rfrederick on PROD1PC67 with BILLS
69 

•HR 1877 IH

1 ‘‘(A) they will maintain the confidentiality 

2 of records pertaining to any individual or family 

3 provided family violence prevention or treat4 ment services through the project; 

5 ‘‘(B) that the address or location of any 

6 family violence shelter project assisted under 

7 this subtitle will not be made public, except 

8 with written authorization of the person respon9 sible for the operation of such project; 

10 ‘‘(C) they will establish policies and prac11 tices that are consistent with, and do not re12 strict the exercise of rights provided by, subtitle 

13 B of title VII, and other laws relating to the 

14 provision of educational and related services to 

15 individuals and families experiencing homeless16 ness; 

17 ‘‘(D) in the case of programs that provide 

18 housing or services to families, they will des19 ignate a staff person to be responsible for en20 suring that children being served in the pro21 gram are enrolled in school and connected to 

22 appropriate services in the community, includ23 ing early childhood programs such as Head 

24 Start, part C of the Individuals with Disabil25 ities Education Act, and programs authorized 


rfrederick on PROD1PC67 with BILLS
70 

•HR 1877 IH

1 under subtitle B of title VII of this Act(42 

2 U.S.C. 11431 et seq.); and 

3 ‘‘(E) they will provide data and reports as 

4 required by the Secretary pursuant to the Act; 

5 ‘‘(5) if a collaborative applicant is a unified 

6 funding agency under section 402(g) and receives 

7 funds under subtitle C to carry out the payment of 

8 administrative costs described in section 423(a)(11), 

9 to establish such fiscal control and fund accounting 

10 procedures as may be necessary to assure the proper 

11 disbursal of, and accounting for, such funds in order 

12 to ensure that all financial transactions carried out 

13 with such funds are conducted, and records main14 tained, in accordance with generally accepted ac15 counting principles; 

16 ‘‘(6) to monitor and report to the Secretary the 

17 provision of matching funds as required by section 

18 430; 

19 ‘‘(7) to take the educational needs of children 

20 into account when families are placed in emergency 

21 or transitional shelter and will, to the maximum ex22 tent practicable, place families with children as close 

23 as possible to their school of origin so as not to dis24 rupt such children’s education; and 


rfrederick on PROD1PC67 with BILLS
71 

•HR 1877 IH

1 ‘‘(8) to comply with such other terms and con2 ditions as the Secretary may establish to carry out 

3 this subtitle in an effective and efficient manner.’’; 

4 (2) by redesignating subsection (d) as sub5 section (c); 

6 (3) in the first sentence of subsection (c) (as so 

7 redesignated by paragraph (2) of this subsection), by 

8 striking ‘‘recipient’’ and inserting ‘‘recipient or 

9 project sponsor’’; 

10 (4) by striking subsection (e); 

11 (5) by redesignating subsections (f), (g), and 

12 (h), as subsections (d), (e), and (f), respectively; 

13 (6) in the first sentence of subsection (e) (as so 

14 redesignated by paragraph (5) of this section), by 

15 striking ‘‘recipient’’ each place it appears and insert16 ing ‘‘recipient or project sponsor’’; 

17 (7) by striking subsection (i); and 

18 (8) by redesignating subsection (j) as sub19 section (g). 

20 SEC. 305. SELECTION CRITERIA, ALLOCATION AMOUNTS, 

21 AND FUNDING. 

22 The McKinney-Vento Homeless Assistance Act is 

23 amended— 

24 (1) by repealing section 429 (42 U.S.C. 11389); 

25 and 


rfrederick on PROD1PC67 with BILLS
72 

•HR 1877 IH

1 (2) by redesignating sections 427 and 428 (42 

2 U.S.C. 11387, 11388) as sections 432 and 433, re3 spectively; and 

4 (3) by inserting after section 426 the following 

5 new sections: 

6 ‘‘SEC. 427. SELECTION CRITERIA. 

7 ‘‘(a) IN GENERAL.—The Secretary shall award funds 

8 to recipients through a national competition between geo9 graphic areas based on criteria established by the Sec10 retary. 

11 ‘‘(b) REQUIRED CRITERIA.— 

12 ‘‘(1) IN GENERAL.—The criteria established 

13 under subsection (a) shall include— 

14 ‘‘(A) the previous performance of the re15 cipient regarding homelessness, including per16 formance related to funds provided under sec17 tion 412 (except that recipients applying from 

18 geographic areas where no funds have been 

19 awarded under this subtitle, or under subtitles 

20 C, D, E, or F of title IV of this Act, as in effect 

21 prior to the date of the enactment of the Home22 less Emergency Assistance and Rapid Transi23 tion to Housing Act of 2009, shall receive full 

24 credit for performance under this subpara25 graph), measured by criteria that shall be anVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
73 

•HR 1877 IH

1 nounced by the Secretary, that shall take into 

2 account barriers faced by individual homeless 

3 people, and that shall include— 

4 ‘‘(i) the length of time individuals and 

5 families remain homeless; 

6 ‘‘(ii) the extent to which individuals 

7 and families who leave homelessness expe8 rience additional spells of homelessness; 

9 ‘‘(iii) the thoroughness of grantees in 

10 the geographic area in reaching homeless 

11 individuals and families; 

12 ‘‘(iv) overall reduction in the number 

13 of homeless individuals and families; 

14 ‘‘(v) jobs and income growth for 

15 homeless individuals and families; 

16 ‘‘(vi) success at reducing the number 

17 of individuals and families who become 

18 homeless; 

19 ‘‘(vii) other accomplishments by the 

20 recipient related to reducing homelessness; 

21 and 

22 ‘‘(viii) for collaborative applicants that 

23 have exercised the authority under section 

24 422(j) to serve families with children and 

25 youth defined as homeless under other 


rfrederick on PROD1PC67 with BILLS
74 

•HR 1877 IH

1 Federal statutes, success in achieving the 

2 goals and outcomes identified in section 

3 427(b)(1)(F); 

4 ‘‘(B) the plan of the recipient, which shall 

5 describe— 

6 ‘‘(i) how the number of individuals 

7 and families who become homeless will be 

8 reduced in the community; 

9 ‘‘(ii) how the length of time that indi10 viduals and families remain homeless will 

11 be reduced; 

12 ‘‘(iii) how the recipient will collaborate 

13 with local education authorities to assist in 

14 the identification of individuals and fami15 lies who become or remain homeless and 

16 are informed of their eligibility for services 

17 under subtitle B of title VII of this Act 

18 (42 U.S.C. 11431 et seq.); 

19 ‘‘(iv) the extent to which the recipient 

20 will— 

21 ‘‘(I) address the needs of all rel22 evant subpopulations; 

23 ‘‘(II) incorporate comprehensive 

24 strategies for reducing homelessness, 


rfrederick on PROD1PC67 with BILLS
75 

•HR 1877 IH

1 including the interventions referred to 

2 in section 428(d); 

3 ‘‘(III) set quantifiable perform4 ance measures; 

5 ‘‘(IV) set timelines for completion 

6 of specific tasks; 

7 ‘‘(V) identify specific funding 

8 sources for planned activities; and 

9 ‘‘(VI) identify an individual or 

10 body responsible for overseeing imple11 mentation of specific strategies; and 

12 ‘‘(v) whether the recipient proposes to 

13 exercise authority to use funds under sec14 tion 422(j), and if so, how the recipient 

15 will achieve the goals and outcomes identi16 fied in section 427(b)(1)(F); 

17 ‘‘(C) the methodology of the recipient used 

18 to determine the priority for funding local 

19 projects under section 422(c)(1), including the 

20 extent to which the priority-setting process— 

21 ‘‘(i) uses periodically collected infor22 mation and analysis to determine the ex23 tent to which each project has resulted in 

24 rapid return to permanent housing for 

25 those served by the project, taking into acVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
76 

•HR 1877 IH

1 count the severity of barriers faced by the 

2 people the project serves; 

3 ‘‘(ii) considers the full range of opin4 ions from individuals or entities with 

5 knowledge of homelessness in the geo6 graphic area or an interest in preventing 

7 or ending homelessness in the geographic 

8 area; 

9 ‘‘(iii) is based on objective criteria 

10 that have been publicly announced by the 

11 recipient; and 

12 ‘‘(iv) is open to proposals from enti13 ties that have not previously received funds 

14 under this subtitle; 

15 ‘‘(D) the extent to which the amount of as16 sistance to be provided under this subtitle to 

17 the recipient will be supplemented with re18 sources from other public and private sources, 

19 including mainstream programs identified by 

20 the Government Accountability Office in the 

21 two reports described in section 203(a)(7); 

22 ‘‘(E) demonstrated coordination by the re23 cipient with the other Federal, State, local, pri24 vate, and other entities serving individuals and 

25 families experiencing homelessness and at risk 


rfrederick on PROD1PC67 with BILLS
77 

•HR 1877 IH

1 of homelessness in the planning and operation 

2 of projects; 

3 ‘‘(F) for collaborative applicants exercising 

4 the authority under section 422(j) to serve 

5 homeless families with children and youth de6 fined as homeless under other Federal statutes, 

7 program goals and outcomes, which shall in8 clude— 

9 ‘‘(i) preventing homelessness among 

10 the subset of such families with children 

11 and youth who are at highest risk of be12 coming homeless, as such term is defined 

13 for purposes of this title; or 

14 ‘‘(ii) achieving independent living in 

15 permanent housing among such families 

16 with children and youth, especially those 

17 who have a history of doubled-up and other 

18 temporary housing situations or are living 

19 in a temporary housing situation due to 

20 lack of available and appropriate emer21 gency shelter, through the provision of eli22 gible assistance that directly contributes to 

23 achieving such results including assistance 

24 to address chronic disabilities, chronic 

25 physical health or mental health condiVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
78 

•HR 1877 IH

1 tions, substance addiction, histories of do2 mestic violence or childhood abuse, or mul3 tiple barriers to employment; and 

4 ‘‘(G) such other factors as the Secretary 

5 determines to be appropriate to carry out this 

6 subtitle in an effective and efficient manner. 

7 ‘‘(2) ADDITIONAL CRITERIA.—In addition to 

8 the criteria required under paragraph (1), the cri9 teria established under paragraph (1) shall also in10 clude the need within the geographic area for home11 less services, determined as follows and under the 

12 following conditions: 

13 ‘‘(A) NOTICE.—The Secretary shall inform 

14 each collaborative applicant, at a time concur15 rent with the release of the notice of funding 

16 availability for the grants, of the pro rata esti17 mated grant amount under this subtitle for the 

18 geographic area represented by the collaborative 

19 applicant. 

20 ‘‘(B) AMOUNT.— 

21 ‘‘(i) FORMULA.—Such estimated 

22 grant amounts shall be determined by a 

23 formula, which shall be developed by the 

24 Secretary, by regulation, not later than the 

25 expiration of the 2-year period beginning 


rfrederick on PROD1PC67 with BILLS
79 

•HR 1877 IH

1 upon the date of the enactment of the 

2 Homeless Emergency Assistance and 

3 Rapid Transition to Housing Act of 2009, 

4 that is based upon factors that are appro5 priate to allocate funds to meet the goals 

6 and objectives of this subtitle. 

7 ‘‘(ii) COMBINATIONS OR CON8 SORTIA.—For a collaborative applicant 

9 that represents a combination or consor10 tium of cities or counties, the estimated 

11 need amount shall be the sum of the esti12 mated need amounts for the cities or coun13 ties represented by the collaborative appli14 cant. 

15 ‘‘(iii) AUTHORITY OF SECRETARY.— 

16 Subject to the availability of appropria17 tions, the Secretary shall increase the esti18 mated need amount for a geographic area 

19 if necessary to provide 1 year of renewal 

20 funding for all expiring contracts entered 

21 into under this subtitle for the geographic 

22 area. 

23 ‘‘(3) HOMELESSNESS COUNTS.—The Secretary 

24 shall not require that communities conduct an actual 

25 count of homeless people other than those described 


rfrederick on PROD1PC67 with BILLS
80 

•HR 1877 IH

1 in paragraphs (1) through (4) of section 103(a) of 

2 this Act (42 U.S.C. 11302(a)). 

3 ‘‘(c) ADJUSTMENTS.—The Secretary may adjust the 

4 formula described in subsection (b)(2) as necessary— 

5 ‘‘(1) to ensure that each collaborative applicant 

6 has sufficient funding to renew all qualified projects 

7 for at least one year; and 

8 ‘‘(2) to ensure that collaborative applicants are 

9 not discouraged from replacing renewal projects with 

10 new projects that the collaborative applicant deter11 mines will better be able to meet the purposes of this 

12 Act. 

13 ‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES 

14 FOR SPECIFIC ELIGIBLE ACTIVITIES. 

15 ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT HOUS16 ING FOR HOMELESS INDIVIDUALS AND FAMILIES WITH

17 DISABILITIES.— 

18 ‘‘(1) IN GENERAL.—From the amounts made 

19 available to carry out this subtitle for a fiscal year, 

20 a portion equal to not less than 30 percent of the 

21 sums made available to carry out subtitle B and this 

22 subtitle, shall be used for permanent housing for 

23 homeless individuals with disabilities and homeless 

24 families that include such an individual who is an 


rfrederick on PROD1PC67 with BILLS
81 

•HR 1877 IH

1 adult or a minor head of household if no adult is 

2 present in the household. 

3 ‘‘(2) CALCULATION.—In calculating the portion 

4 of the amount described in paragraph (1) that is 

5 used for activities that are described in paragraph 

6 (1), the Secretary shall not count funds made avail7 able to renew contracts for existing projects under 

8 section 429. 

9 ‘‘(3) ADJUSTMENT.—The 30 percent figure in 

10 paragraph (1) shall be reduced proportionately based 

11 on need under section 427(b)(2) in geographic areas 

12 for which subsection (e) applies in regard to sub13 section (d)(2)(A). 

14 ‘‘(4) SUSPENSION.—The requirement estab15 lished in paragraph (1) shall be suspended for any 

16 year in which funding available for grants under this 

17 subtitle after making the allocation established in 

18 paragraph (1) would not be sufficient to renew for 

19 1 year all existing grants that would otherwise be 

20 fully funded under this subtitle. 

21 ‘‘(5) TERMINATION.—The requirement estab22 lished in paragraph (1) shall terminate upon a find23 ing by the Secretary that since the beginning of 

24 2001 at least 150,000 new units of permanent housVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
82 

•HR 1877 IH

1 ing for homeless individuals and families with dis2 abilities have been funded under this subtitle. 

3 ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING FOR

4 HOMELESS FAMILIES WITH CHILDREN.—From the 

5 amounts made available to carry out this subtitle for a 

6 fiscal year, a portion equal to not less than 10 percent 

7 of the sums made available to carry out subtitle B and 

8 this subtitle for that fiscal year shall be used to provide 

9 or secure permanent housing for homeless families with 

10 children. 

11 ‘‘(c) TREATMENT OF AMOUNTS FOR PERMANENT OR

12 TRANSITIONAL HOUSING.—Nothing in this Act may be 

13 construed to establish a limit on the amount of funding 

14 that an applicant may request under this subtitle for ac15 quisition, construction, or rehabilitation activities for the 

16 development of permanent housing or transitional hous17 ing. 

18 ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall provide 

20 bonuses or other incentives to geographic areas for 

21 using funding under this subtitle for activities that 

22 have been proven to be effective at reducing home23 lessness generally, reducing homelessness for a spe24 cific subpopulation, or achieving homeless prevention 


rfrederick on PROD1PC67 with BILLS
83 

•HR 1877 IH

1 and independent living goals as set forth in section 

2 427(b)(1)(F). 

3 ‘‘(2) RULE OF CONSTRUCTION.—For purposes 

4 of this subsection, activities that have been proven to 

5 be effective at reducing homelessness generally or re6 ducing homelessness for a specific subpopulation in7 cludes— 

8 ‘‘(A) permanent supportive housing for 

9 chronically homeless individuals and families; 

10 ‘‘(B) for homeless families, rapid rehousing 

11 services, short-term flexible subsidies to over12 come barriers to rehousing, support services 

13 concentrating on improving incomes to pay 

14 rent, coupled with performance measures em15 phasizing rapid and permanent rehousing and 

16 with leveraging funding from mainstream fam17 ily service systems such as Temporary Assist18 ance for Needy Families and Child Welfare 

19 services; and 

20 ‘‘(C) any other activity determined by the 

21 Secretary, based on research and after notice 

22 and comment to the public, to have been proven 

23 effective at reducing homelessness generally, re24 ducing homelessness for a specific subpopula25 tion, or achieving homeless prevention and indeVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
84 

•HR 1877 IH

1 pendent living goals as set forth in section 

2 427(b)(1)(F). 

3 ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN

4 STRATEGIES.—To the extent practicable, in pro5 viding bonuses or incentives for proven strategies, 

6 the Secretary shall seek to maintain a balance 

7 among strategies targeting homeless individuals, 

8 families, and other subpopulations. The Secretary 

9 shall not implement bonuses or incentives that spe10 cifically discourage collaborative applicants from ex11 ercising their flexibility to serve families with chil12 dren and youth defined as homeless under other 

13 Federal statutes. 

14 ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMENTA15 TION OF PROVEN STRATEGIES.—If any geographic area 

16 demonstrates that it has fully implemented any of the ac17 tivities described in subsection (d) for all homeless individ18 uals and families or for all members of subpopulations for 

19 whom such activities are targeted, that geographic area 

20 shall receive the bonus or incentive provided under sub21 section (d), but may use such bonus or incentive for any 

22 eligible activity under either section 423 or paragraphs (4) 

23 and (5) of section 415(a) for homeless people generally 

24 or for the relevant subpopulation. 


rfrederick on PROD1PC67 with BILLS
85 

•HR 1877 IH

1 ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE 

2 FOR PERMANENT HOUSING. 

3 ‘‘(a) IN GENERAL.—Renewal of expiring contracts 

4 for leasing, rental assistance, or operating costs for per5 manent housing contracts may be funded either— 

6 ‘‘(1) under the appropriations account for this 

7 title; or 

8 ‘‘(2) the section 8 project-based rental assist9 ance account. 

10 ‘‘(b) RENEWALS.—The sums made available under 

11 subsection (a) shall be available for the renewal of con12 tracts in the case of tenant-based assistance, successive 

13 1-year terms, and in the case of project-based assistance, 

14 successive terms of up to 15 years at the discretion of the 

15 applicant or project sponsor and subject to the availability 

16 of annual appropriations, for rental assistance and hous17 ing operation costs associated with permanent housing 

18 projects funded under this subtitle, or under subtitle C 

19 or F (as in effect on the day before the effective date of 

20 the Homeless Emergency Assistance and Rapid Transition 

21 to Housing Act of 2009). The Secretary shall determine 

22 whether to renew a contract for such a permanent housing 

23 project on the basis of certification by the collaborative 

24 applicant for the geographic area that— 

25 ‘‘(1) there is a demonstrated need for the 

26 project; and 


rfrederick on PROD1PC67 with BILLS
86 

•HR 1877 IH

1 ‘‘(2) the project complies with program require2 ments and appropriate standards of housing quality 

3 and habitability, as determined by the Secretary. 

4 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

5 be construed as prohibiting the Secretary from renewing 

6 contracts under this subtitle in accordance with criteria 

7 set forth in a provision of this subtitle other than this sec8 tion. 

9 ‘‘SEC. 430. MATCHING FUNDING. 

10 ‘‘(a) IN GENERAL.—A collaborative applicant in a ge11 ographic area in which funds are awarded under this sub12 title shall specify contributions from any source other than 

13 a grant awarded under this subtitle, including renewal 

14 funding of projects assisted under subtitles C, D, and F 

15 of this title as in effect before the effective date under 

16 section 503 of the Homeless Emergency Assistance and 

17 Rapid Transition to Housing Act of 2009, that shall be 

18 made available in the geographic area in an amount equal 

19 to not less than 25 percent of the funds provided to recipi20 ents in the geographic area, except that grants for leasing 

21 shall not be subject to any match requirement. 

22 ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The cash 

23 value of services provided to the residents or clients of a 

24 project sponsor by an entity other than the project sponsor 

25 may count toward the contributions in subsection (a) only 


rfrederick on PROD1PC67 with BILLS
87 

•HR 1877 IH

1 when documented by a memorandum of understanding be2 tween the project sponsor and the other entity that such 

3 services will be provided. 

4 ‘‘(c) COUNTABLE ACTIVITIES.—The contributions re5 quired under subsection (a) may consist of— 

6 ‘‘(1) funding for any eligible activity described 

7 under section 423; and 

8 ‘‘(2) subject to subsection (b), in-kind provision 

9 of services of any eligible activity described under 

10 section 423. 

11 ‘‘SEC. 431. APPEAL PROCEDURE. 

12 ‘‘(a) IN GENERAL.—With respect to funding under 

13 this subtitle, if certification of consistency with the consoli14 dated plan pursuant to section 403 is withheld from an 

15 applicant who has submitted an application for that cer16 tification, such applicant may appeal such decision to the 

17 Secretary. 

18 ‘‘(b) PROCEDURE.—The Secretary shall establish a 

19 procedure to process the appeals described in subsection 

20 (a). 

21 ‘‘(c) DETERMINATION.—Not later than 45 days after 

22 the date of receipt of an appeal described in subsection 

23 (a), the Secretary shall determine if certification was un24 reasonably withheld. If such certification was unreason25 ably withheld, the Secretary shall review such application 


rfrederick on PROD1PC67 with BILLS
88 

•HR 1877 IH

1 and determine if such applicant shall receive funding 

2 under this subtitle.’’. 

3 SEC. 306. RESEARCH. 

4 There is authorized to be appropriated $8,000,000, 

5 for each of fiscal years 2010 and 2011, for research into 

6 the efficacy of interventions for homeless families, to be 

7 expended by the Secretary of Housing and Urban Develop8 ment over the 2 years at 3 different sites to provide serv9 ices for homeless families and evaluate the effectiveness 

10 of such services. 

11 TITLE IV—RURAL HOUSING STA12 BILITY ASSISTANCE PRO13 GRAM 

14 SEC. 401. RURAL HOUSING STABILITY ASSISTANCE. 

15 Subtitle G of title IV of the McKinney-Vento Home16 less Assistance Act (42 U.S.C. 11408 et seq.) is amend17 ed— 

18 (1) by striking the subtitle heading and insert19 ing the following: 

20 ‘‘Subtitle G—Rural Housing 

21 Stability Assistance Program’’; 

22 and 

23 (2) in section 491— 


rfrederick on PROD1PC67 with BILLS
89 

•HR 1877 IH

1 (A) by striking the section heading and in2 serting ‘‘RURAL HOUSING STABILITY

3 GRANT PROGRAM.’’; 

4 (B) in subsection (a)— 

5 (i) by striking ‘‘rural homelessness 

6 grant program’’ and inserting ‘‘rural hous7 ing stability grant program’’; 

8 (ii) by inserting ‘‘in lieu of grants 

9 under subtitle C’’ after ‘‘eligible organiza10 tions’’; and 

11 (iii) by striking paragraphs (1), (2), 

12 and (3), and inserting the following: 

13 ‘‘(1) rehousing or improving the housing situa14 tions of individuals and families who are homeless or 

15 in the worst housing situations in the geographic 

16 area; 

17 ‘‘(2) stabilizing the housing of individuals and 

18 families who are in imminent danger of losing hous19 ing; and 

20 ‘‘(3) improving the ability of the lowest-income 

21 residents of the community to afford stable hous22 ing.’’; 

23 (C) in subsection (b)(1)— 


rfrederick on PROD1PC67 with BILLS
90 

•HR 1877 IH

1 (i) by redesignating subparagraphs 

2 (E), (F), and (G) as subparagraphs (I), 

3 (J), and (K), respectively; and 

4 (ii) by striking subparagraph (D) and 

5 inserting the following: 

6 ‘‘(D) construction of new housing units to 

7 provide transitional or permanent housing to 

8 homeless individuals and families and individ9 uals and families at risk of homelessness; 

10 ‘‘(E) acquisition or rehabilitation of a 

11 structure to provide supportive services or to 

12 provide transitional or permanent housing, 

13 other than emergency shelter, to homeless indi14 viduals and families and individuals and fami15 lies at risk of homelessness; 

16 ‘‘(F) leasing of property, or portions of 

17 property, not owned by the recipient or project 

18 sponsor involved, for use in providing transi19 tional or permanent housing to homeless indi20 viduals and families and individuals and fami21 lies at risk of homelessness, or providing sup22 portive services to such homeless and at-risk in23 dividuals and families; 

24 ‘‘(G) provision of rental assistance to pro25 vide transitional or permanent housing to homeVerDate Nov 24 2008 04:20 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1877.IH H1877

rfrederick on PROD1PC67 with BILLS
91 

•HR 1877 IH

1 less individuals and families and individuals and 

2 families at risk of homelessness, such rental as3 sistance may include tenant-based or project4 based rental assistance; 

5 ‘‘(H) payment of operating costs for hous6 ing units assisted under this title;’’; 

7 (D) in subsection (b)(2), by striking ‘‘ap8 propriated’’ and inserting ‘‘transferred’’; 

9 (E) in subsection (c)— 

10 (i) in paragraph (1)(A), by striking 

11 ‘‘appropriated’’ and inserting ‘‘trans12 ferred’’; and 

13 (ii) in paragraph (3), by striking ‘‘ap14 propriated’’ and inserting ‘‘transferred’’; 

15 (F) in subsection (d)— 

16 (i) in paragraph (5), by striking ‘‘; 

17 and’’ and inserting a semicolon; 

18 (ii) in paragraph (6)— 

19 (I) by striking ‘‘an agreement’’ 

20 and all that follows through ‘‘fami21 lies’’ and inserting the following: ‘‘a 

22 description of how individuals and 

23 families who are homeless or who have 

24 the lowest incomes in the community 


rfrederick on PROD1PC67 with BILLS
92 

•HR 1877 IH

1 will be involved by the organization’’; 

2 and 

3 (II) by striking the period at the 

4 end, and inserting a semicolon; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(7) a description of consultations that took 

8 place within the community to ascertain the most 

9 important uses for funding under this section, in10 cluding the involvement of potential beneficiaries of 

11 the project; and 

12 ‘‘(8) a description of the extent and nature of 

13 homelessness and of the worst housing situations in 

14 the community.’’; 

15 (G) by striking subsections (f) and (g) and 

16 inserting the following: 

17 ‘‘(f) MATCHING FUNDING.— 

18 ‘‘(1) IN GENERAL.—An organization eligible to 

19 receive a grant under subsection (a) shall specify 

20 matching contributions from any source other than 

21 a grant awarded under this subtitle, that shall be 

22 made available in the geographic area in an amount 

23 equal to not less than 25 percent of the funds pro24 vided for the project or activity, except that grants 


rfrederick on PROD1PC67 with BILLS
93 

•HR 1877 IH

1 for leasing shall not be subject to any match require2 ment. 

3 ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The 

4 cash value of services provided to the beneficiaries or 

5 clients of an eligible organization by an entity other 

6 than the organization may count toward the con7 tributions in paragraph (1) only when documented 

8 by a memorandum of understanding between the or9 ganization and the other entity that such services 

10 will be provided. 

11 ‘‘(3) COUNTABLE ACTIVITIES.—The contribu12 tions required under paragraph (1) may consist of— 

13 ‘‘(A) funding for any eligible activity de14 scribed under subsection (b); and 

15 ‘‘(B) subject to paragraph (2), in-kind pro16 vision of services of any eligible activity de17 scribed under subsection (b). 

18 ‘‘(g) SELECTION CRITERIA.—The Secretary shall es19 tablish criteria for selecting recipients of grants under 

20 subsection (a), including— 

21 ‘‘(1) the participation of potential beneficiaries 

22 of the project in assessing the need for, and impor23 tance of, the project in the community; 


rfrederick on PROD1PC67 with BILLS
94 

•HR 1877 IH

1 ‘‘(2) the degree to which the project addresses 

2 the most harmful housing situations present in the 

3 community; 

4 ‘‘(3) the degree of collaboration with others in 

5 the community to meet the goals described in sub6 section (a); 

7 ‘‘(4) the performance of the organization in im8 proving housing situations, taking account of the se9 verity of barriers of individuals and families served 

10 by the organization; 

11 ‘‘(5) for organizations that have previously re12 ceived funding under this section, the extent of im13 provement in homelessness and the worst housing 

14 situations in the community since such funding 

15 began; 

16 ‘‘(6) the need for such funds, as determined by 

17 the formula established under section 427(b)(2); and 

18 ‘‘(7) any other relevant criteria as determined 

19 by the Secretary.’’; 

20 (H) in subsection (h)— 

21 (i) in paragraph (1), in the matter 

22 preceding subparagraph (A), by striking 

23 ‘‘The’’ and inserting ‘‘Not later than 18 

24 months after funding is first made avail25 able pursuant to the amendments made by 


rfrederick on PROD1PC67 with BILLS
95 

•HR 1877 IH

1 title IV of the Homeless Emergency Assist2 ance and Rapid Transition to Housing Act 

3 of 2009, the’’; and 

4 (ii) in paragraph (1)(A), by striking 

5 ‘‘providing housing and other assistance to 

6 homeless persons’’ and inserting ‘‘meeting 

7 the goals described in subsection (a)’’; 

8 (iii) in paragraph (1)(B), by striking 

9 ‘‘address homelessness in rural areas’’ and 

10 inserting ‘‘meet the goals described in sub11 section (a) in rural areas’’; and 

12 (iv) in paragraph (2)— 

13 (I) by striking ‘‘The’’ and insert14 ing ‘‘Not later than 24 months after 

15 funding is first made available pursu16 ant to the amendment made by title 

17 IV of the Homeless Emergency As18 sistance and Rapid Transition to 

19 Housing Act of 2009, the’’; 

20 (II) by striking ‘‘, not later than 

21 18 months after the date on which the 

22 Secretary first makes grants under 

23 the program,’’; and 

24 (III) by striking ‘‘prevent and re25 spond to homelessness’’ and inserting 


rfrederick on PROD1PC67 with BILLS
96 

•HR 1877 IH

1 ‘‘meet the goals described in sub2 section (a)’’; 

3 (I) in subsection (k)— 

4 (i) in paragraph (1), by striking 

5 ‘‘rural homelessness grant program’’ and 

6 inserting ‘‘rural housing stability grant 

7 program’’; and 

8 (ii) in paragraph (2)— 

9 (I) in subparagraph (A), by strik10 ing ‘‘; or’’ and inserting a semicolon; 

11 (II) in subparagraph (B)(ii), by 

12 striking ‘‘rural census tract.’’ and in13 serting ‘‘county where at least 75 per14 cent of the population is rural; or’’; 

15 and 

16 (III) by adding at the end the 

17 following: 

18 ‘‘(C) any area or community, respectively, 

19 located in a State that has population density 

20 of less than 30 persons per square mile (as re21 ported in the most recent decennial census), 

22 and of which at least 1.25 percent of the total 

23 acreage of such State is under Federal jurisdic24 tion, provided that no metropolitan city (as 

25 such term is defined in section 102 of the 


rfrederick on PROD1PC67 with BILLS
97 

•HR 1877 IH

1 Housing and Community Development Act of 

2 1974) in such State is the sole beneficiary of 

3 the grant amounts awarded under this sec4 tion.’’; 

5 (J) in subsection (l)— 

6 (i) by striking the subsection heading 

7 and inserting ‘‘PROGRAM FUNDING.—’’; 

8 and 

9 (ii) by striking paragraph (1) and in10 serting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary shall deter12 mine the total amount of funding attributable under 

13 section 427(b)(2) to meet the needs of any geo14 graphic area in the Nation that applies for funding 

15 under this section. The Secretary shall transfer any 

16 amounts determined under this subsection from the 

17 Community Homeless Assistance Program and con18 solidate such transferred amounts for grants under 

19 this section, except that the Secretary shall transfer 

20 an amount not less than 5 percent of the amount 

21 available under subtitle C for grants under this sec22 tion. Any amounts so transferred and not used for 

23 grants under this section due to an insufficient num24 ber of applications shall be transferred to be used 

25 for grants under subtitle C.’’; and 


rfrederick on PROD1PC67 with BILLS
98 

•HR 1877 IH

1 (K) by adding at the end the following: 

2 ‘‘(m) DETERMINATION OF FUNDING SOURCE.—For 

3 any fiscal year, in addition to funds awarded under sub4 title B, funds under this title to be used in a city or county 

5 shall only be awarded under either subtitle C or subtitle 

6 D.’’. 

7 SEC. 402. GAO STUDY OF HOMELESSNESS AND HOMELESS 

8 ASSISTANCE IN RURAL AREAS. 

9 (a) STUDY AND REPORT.—Not later than the expira10 tion of the 12-month period beginning on the date of the 

11 enactment of this Act, the Comptroller General of the 

12 United States shall conduct a study to examine homeless13 ness and homeless assistance in rural areas and rural com14 munities and submit a report to the Congress on the find15 ings and conclusion of the study. The report shall contain 

16 the following matters: 

17 (1) A general description of homelessness, in18 cluding the range of living situations among home19 less individuals and homeless families, in rural areas 

20 and rural communities of the United States, includ21 ing tribal lands and colonias. 

22 (2) An estimate of the incidence and prevalence 

23 of homelessness among individuals and families in 

24 rural areas and rural communities of the United 

25 States. 


rfrederick on PROD1PC67 with BILLS
99 

•HR 1877 IH

1 (3) An estimate of the number of individuals 

2 and families from rural areas and rural communities 

3 who migrate annually to non-rural areas and non4 rural communities for homeless assistance. 

5 (4) A description of barriers that individuals 

6 and families in and from rural areas and rural com7 munities encounter when seeking to access homeless 

8 assistance programs, and recommendations for re9 moving such barriers. 

10 (5) A comparison of the rate of homelessness 

11 among individuals and families in and from rural 

12 areas and rural communities compared to the rate of 

13 homelessness among individuals and families in and 

14 from non-rural areas and non-rural communities. 

15 (6) A general description of homeless assistance 

16 for individuals and families in rural areas and rural 

17 communities of the United States. 

18 (7) A description of barriers that homeless as19 sistance providers serving rural areas and rural com20 munities encounter when seeking to access Federal 

21 homeless assistance programs, and recommendations 

22 for removing such barriers. 

23 (8) An assessment of the type and amount of 

24 Federal homeless assistance funds awarded to orga25 nizations serving rural areas and rural communities 


rfrederick on PROD1PC67 with BILLS
100 

•HR 1877 IH

1 and a determination as to whether such amount is 

2 proportional to the distribution of homeless individ3 uals and families in and from rural areas and rural 

4 communities compared to homeless individuals and 

5 families in non-rural areas and non-rural commu6 nities. 

7 (9) An assessment of the current roles of the 

8 Department of Housing and Urban Development, 

9 the Department of Agriculture, and other Federal 

10 departments and agencies in administering homeless 

11 assistance programs in rural areas and rural com12 munities and recommendations for distributing Fed13 eral responsibilities, including homeless assistance 

14 program administration and grantmaking, among 

15 the departments and agencies so that service organi16 zations in rural areas and rural communities are 

17 most effectively reached and supported. 

18 (b) ACQUISITION OF SUPPORTING INFORMATION.— 

19 In carrying out the study under this section, the Comp20 troller General shall seek to obtain views from the fol21 lowing persons: 

22 (1) The Secretary of Agriculture. 

23 (2) The Secretary of Housing and Urban Devel24 opment. 


rfrederick on PROD1PC67 with BILLS
101 

•HR 1877 IH

1 (3) The Secretary of Health and Human Serv2 ices. 

3 (4) The Secretary of Education. 

4 (5) The Secretary of Labor. 

5 (6) The Secretary of Veterans Affairs. 

6 (7) The Executive Director of the United States 

7 Interagency Council on Homelessness. 

8 (8) Project sponsors and recipients of homeless 

9 assistance grants serving rural areas and rural com10 munities. 

11 (9) Individuals and families in or from rural 

12 areas and rural communities who have sought or are 

13 seeking Federal homeless assistance services. 

14 (10) National advocacy organizations concerned 

15 with homelessness, rural housing, and rural commu16 nity development. 

17 (c) EFFECTIVE DATE.—This section shall take effect 

18 on the date of the enactment of this Act. 

19 TITLE V—REPEALS AND 

20 CONFORMING AMENDMENTS 

21 SEC. 501. REPEALS. 

22 Subtitles D, E, and F of title IV of the McKinney23 Vento Homeless Assistance Act (42 U.S.C. 11391 et seq., 

24 11401 et seq., and 11403 et seq.) are hereby repealed. 


rfrederick on PROD1PC67 with BILLS
102 

•HR 1877 IH

1 SEC. 502. CONFORMING AMENDMENTS. 

2 (a) CONSOLIDATED PLAN.—Section 403(1) of the 

3 McKinney-Vento Homeless Assistance Act (as so redesig4 nated by section 101(2) of this Act), is amended— 

5 (1) by striking ‘‘current housing affordability 

6 strategy’’ and inserting ‘‘consolidated plan’’; and 

7 (2) by inserting before the comma the following: 

8 ‘‘(referred to in such section as a ‘comprehensive 

9 housing affordability strategy’)’’. 

10 (b) PERSONS EXPERIENCING HOMELESSNESS.—Sec11 tion 103 of the McKinney-Vento Homeless Assistance Act 

12 (42 U.S.C. 11302), as amended by the preceding provi13 sions of this Act, is further amended by adding at the end 

14 the following new subsection: 

15 ‘‘(e) PERSONS EXPERIENCING HOMELESSNESS.— 

16 Any references in this Act to homeless individuals (includ17 ing homeless persons) or homeless groups (including 

18 homeless persons) shall be considered to include, and to 

19 refer to, individuals experiencing homelessness or groups 

20 experiencing homelessness, respectively.’’. 

21 (c) RURAL HOUSING STABILITY ASSISTANCE.—Title 

22 IV of the McKinney-Vento Homeless Assistance Act is 

23 amended by redesignating subtitle G (42 U.S.C. 11408 

24 et seq.), as amended by the preceding provisions of this 

25 Act, as subtitle D. 


rfrederick on PROD1PC67 with BILLS
103 

•HR 1877 IH

1 SEC. 503. EFFECTIVE DATE. 

2 Except as specifically provided otherwise in this Act, 

3 this Act and the amendments made by this Act shall take 

4 effect on, and shall apply beginning on— 

5 (1) the expiration of the 18-month period begin6 ning on the date of the enactment of this Act, or 

7 (2) the expiration of the 3-month period begin8 ning upon publication by the Secretary of Housing 

9 and Urban Development of final regulations pursu10 ant to section 504, 

11 whichever occurs first. 

12 SEC. 504. REGULATIONS. 

13 (a) IN GENERAL.—Not later than 12 months after 

14 the date of the enactment of this Act, the Secretary of 

15 Housing and Urban Development shall promulgate regula16 tions governing the operation of the programs that are 

17 created or modified by this Act. 

18 (b) EFFECTIVE DATE.—This section shall take effect 

19 on the date of the enactment of this Act. 

20 SEC. 505. AMENDMENT TO TABLE OF CONTENTS. 

21 The table of contents in section 101(b) of the McKin22 ney-Vento Homeless Assistance Act (42 U.S.C. 11301 

23 note) is amended by striking the item relating to the head24 ing for title IV and all that follows through the item relat25 ing to section 492 and inserting the following new items: 

‘‘TITLE IV—HOUSING ASSISTANCE 


rfrederick on PROD1PC67 with BILLS
104 

•HR 1877 IH

‘‘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.’’. 

Æ 


rfrederick on PROD1PC67 with BILLS