II 

109TH CONGRESS 

1ST SESSION S. 1801 

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

Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2005 

Mr. REED (for himself, Mr. ALLARD, Ms. COLLINS, Mr. SARBANES, Mr. 

BOND, Mrs. MURRAY, Mr. CHAFEE, Ms. MIKULSKI, Mr. DODD, Mr. 

AKAKA, Mr. SCHUMER, Mr. CORZINE, Mrs. CLINTON, and Ms. 

LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

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. 

4 This Act may be cited as the ‘‘Community Partner5 ship to End Homelessness Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 Section 102 of the McKinney-Vento Homeless Assist8 ance Act (42 U.S.C. 11301) is amended to read as follows: 
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1 ‘‘SEC. 102. FINDINGS AND PURPOSE. 

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

3 ‘‘(1) the United States faces a crisis of individ4 uals and families who lack basic affordable housing 

5 and appropriate shelter; 

6 ‘‘(2) assistance from the Federal Government is 

7 an important factor in the success of efforts by 

8 State and local governments and the private sector 

9 to address the problem of homelessness in a com10 prehensive manner; 

11 ‘‘(3) there are several Federal Government pro12 grams to assist persons experiencing homelessness, 

13 including programs for individuals with disabilities, 

14 veterans, children, and youth; 

15 ‘‘(4) homeless assistance programs must be 

16 evaluated on the basis of their effectiveness in reduc17 ing homelessness, transitioning individuals and fami18 lies to permanent housing and stability, and opti19 mizing their self-sufficiency; 

20 ‘‘(5) States and units of general local govern21 ment receiving Federal block grant and other Fed22 eral grant funds must be evaluated on the basis of 

23 their effectiveness in— 

24 ‘‘(A) implementing plans to appropriately 

25 discharge individuals to and from mainstream 

26 service systems; and 
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1 ‘‘(B) reducing barriers to participation in 

2 mainstream programs, as identified in— 

3 ‘‘(i) a report by the Government Ac4 countability Office entitled ‘Homelessness: 

5 Coordination and Evaluation of Programs 

6 Are Essential’, issued February 26, 1999; 

7 or 

8 ‘‘(ii) a report by the Government Ac9 countability Office entitled ‘Homelessness: 

10 Barriers to Using Mainstream Programs’, 

11 issued July 6, 2000; 

12 ‘‘(6) an effective plan for reducing homelessness 

13 should provide a comprehensive housing system (in14 cluding permanent housing and, as needed, transi15 tional housing) that recognizes that, while some indi16 viduals and families experiencing homelessness at17 tain economic viability and independence utilizing 

18 transitional housing and then permanent housing, 

19 others can reenter society directly and optimize self20 sufficiency through acquiring permanent housing; 

21 ‘‘(7) supportive housing activities include the 

22 provision of permanent housing or transitional hous23 ing, and appropriate supportive services, in an envi24 ronment that can meet the short-term or long-term 
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1 needs of persons experiencing homelessness as they 

2 reintegrate into mainstream society; 

3 ‘‘(8) homeless housing and supportive services 

4 programs within a community are most effective 

5 when they are developed and operated as part of an 

6 inclusive, collaborative, locally driven homeless plan7 ning process that involves as decision makers per8 sons experiencing homelessness, advocates for per9 sons experiencing homelessness, service organiza10 tions, government officials, business persons, neigh11 borhood advocates, and other community members; 

12 ‘‘(9) homelessness should be treated as a symp13 tom of many neighborhood, community, and system 

14 problems, whose remedies require a comprehensive 

15 approach integrating all available resources; 

16 ‘‘(10) there are many private sector entities, 

17 particularly nonprofit organizations, that have suc18 cessfully operated outcome-effective homeless pro19 grams; 

20 ‘‘(11) Federal homeless assistance should sup21 plement other public and private funding provided 

22 by communities for housing and supportive services 

23 for low-income households; 

24 ‘‘(12) the Federal Government has a responsi25 bility to establish partnerships with State and local 
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1 governments and private sector entities to address 

2 comprehensively the problems of homelessness; and 

3 ‘‘(13) the results of Federal programs targeted 

4 for persons experiencing homelessness have been 

5 positive. 

6 ‘‘(b) PURPOSE.—It is the purpose of this Act— 

7 ‘‘(1) to create a unified and performance-based 

8 process for allocating and administering funds under 

9 title IV; 

10 ‘‘(2) to encourage comprehensive, collaborative 

11 local planning of housing and services programs for 

12 persons experiencing homelessness; 

13 ‘‘(3) to focus the resources and efforts of the 

14 public and private sectors on ending and preventing 

15 homelessness; 

16 ‘‘(4) to provide funds for programs to assist in17 dividuals and families in the transition from home18 lessness, and to prevent homelessness for those vul19 nerable to homelessness; 

20 ‘‘(5) to consolidate the separate homeless assist21 ance programs carried out under title IV (consisting 

22 of the supportive housing program and related inno23 vative programs, the safe havens program, the sec24 tion 8 assistance program for single-room occupancy 

25 dwellings, the shelter plus care program, and the 
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1 rural homeless housing assistance program) into a 

2 single program with specific eligible activities; 

3 ‘‘(6) to allow flexibility and creativity in re4 thinking solutions to homelessness, including alter5 native housing strategies, outcome-effective service 

6 delivery, and the involvement of persons experiencing 

7 homelessness in decision making regarding opportu8 nities for their long-term stability, growth, well9 being, and optimum self-sufficiency; and 

10 ‘‘(7) to ensure that multiple Federal agencies 

11 are involved in the provision of housing, health care, 

12 human services, employment, and education assist13 ance, as appropriate for the missions of the agencies, 

14 to persons experiencing homelessness, through the 

15 funding provided for implementation of programs 

16 carried out under this Act and other programs tar17 geted for persons experiencing homelessness, and 

18 mainstream funding, and to promote coordination 

19 among those Federal agencies, including providing 

20 funding for a United States Interagency Council on 

21 Homelessness to advance such coordination.’’. 

22 SEC. 3. UNITED STATES INTERAGENCY COUNCIL ON HOME23 LESSNESS. 

24 Title II of the McKinney-Vento Homeless Assistance 

25 Act (42 U.S.C. 11311 et seq.) is amended— 
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1 (1) in section 201 (42 U.S.C. 11311), by strik2 ing the period at the end and inserting the following: 

3 ‘‘whose mission shall be to develop and coordinate 

4 the implementation of a national strategy to prevent 

5 and end homelessness while maximizing the effec6 tiveness of the Federal Government in contributing 

7 to an end to homelessness in the United States.’’; 

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

9 (A) in subsection (a)— 

10 (i) by striking ‘‘(16)’’ and inserting 

11 ‘‘(19)’’; and 

12 (ii) by inserting after paragraph (15) 

13 the following: 

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

15 the designee of the Commissioner. 

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

17 States, or the designee of the Attorney General. 

18 ‘‘(18) The Director of the Office of Manage19 ment and Budget, or the designee of the Director.’’; 

20 (B) in subsection (c), by striking ‘‘annu21 ally’’ and inserting ‘‘2 times each year’’; and 

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

23 ‘‘(e) ADMINISTRATION.—The Assistant to the Presi24 dent for Domestic Policy within the Executive Office of 

25 the President shall oversee the functioning of the United 
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1 States Interagency Council on Homelessness to ensure 

2 Federal interagency collaboration and program coordina3 tion to focus on preventing and ending homelessness, to 

4 increase access to mainstream programs (as identified in 

5 a report by the Government Accountability Office entitled 

6 ‘Homelessness: Barriers to Using Mainstream Programs’, 

7 issued July 6, 2000) by persons experiencing homeless8 ness, to eliminate the barriers to participation in those 

9 programs, to implement a Federal plan to prevent and end 

10 homelessness, and to identify Federal resources that can 

11 be expended to prevent and end homelessness.’’; 

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

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

14 (3), (4), (5), (6), and (7) as paragraphs (2), 

15 (3), (4), (5), (8), (9), and (10), respectively; 

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

17 redesignated by subparagraph (A), the fol18 lowing: 

19 ‘‘(1) not later than 1 year after the date of en20 actment of the Community Partnership to End 

21 Homelessness Act of 2005, develop and submit to 

22 the President and to Congress a National Strategic 

23 Plan to End Homelessness;’’; 

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

25 subparagraph (A), by striking ‘‘at least 2, but 
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1 in no case more than 5’’ and inserting ‘‘not less 

2 than 5, but in no case more than 10’’; and 

3 (D) by inserting after paragraph (5), as 

4 redesignated by subparagraph (A), the fol5 lowing: 

6 ‘‘(6) encourage the creation of State Inter7 agency Councils on Homelessness and the formula8 tion of multi-year plans to end homelessness at 

9 State, city, and county levels; 

10 ‘‘(7) develop mechanisms to ensure access by 

11 persons experiencing homelessness to all Federal, 

12 State, and local programs for which the persons are 

13 eligible, and to verify collaboration among entities 

14 within a community that receive Federal funding 

15 under programs targeted for persons experiencing 

16 homelessness, and other programs for which persons 

17 experiencing homelessness are eligible, including 

18 mainstream programs identified by the Government 

19 Accountability Office in the 2 reports described in 

20 section 102(a)(5)(B);’’; and 

21 (4) by striking section 208 (42 U.S.C. 11318) 

22 and inserting the following: 

23 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘Of any amounts made available for any fiscal year 

25 to carry out subtitles B and C of title IV, $3,000,000 shall 
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1 be allocated to the Assistant to the President for Domestic 

2 Policy within the Executive Office of the President to 

3 carry out this title.’’. 

4 SEC. 4. HOUSING ASSISTANCE GENERAL PROVISIONS. 

5 Subtitle A of title IV of the McKinney-Vento Home6 less Assistance Act (42 U.S.C. 11361 et seq.) is amend7 ed— 

8 (1) by striking the subtitle heading and insert9 ing the following: 

10 ‘‘Subtitle A—General Provisions’’; 

11 (2)(A) by redesignating section 401 (42 U.S.C. 

12 11361) as section 403; and 

13 (B) by redesignating section 402 (42 U.S.C. 

14 11362) as section 406; 

15 (3) by inserting before section 403 (as redesig16 nated in paragraph (2)) the following: 

17 ‘‘SEC. 401. DEFINITIONS. 

18 ‘‘In this title: 

19 ‘‘(1) CHRONICALLY HOMELESS.— 

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

21 homeless’, used with respect to an individual or 

22 family, means an individual or family who— 

23 ‘‘(i) is homeless; 

24 ‘‘(ii) has been homeless continuously 

25 for at least 1 year or has been homeless on 
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1 at least 4 separate occasions in the last 3 

2 years; and 

3 ‘‘(iii) in the case of a family, has an 

4 adult head of household with a disabling 

5 condition. 

6 ‘‘(B) DISABLING CONDITION.—As used in 

7 this paragraph, the term ‘disabling condition’ 

8 means a condition that is a diagnosable sub9 stance use disorder, serious mental illness, de10 velopmental disability (as defined in section 102 

11 of the Developmental Disabilities Assistance 

12 and Bill of Rights Act of 2000 (42 U.S.C. 

13 15002)), or chronic physical illness or disability, 

14 including the co-occurrence of 2 or more of 

15 those conditions. 

16 ‘‘(2) COLLABORATIVE APPLICANT.— 

17 ‘‘(A) IN GENERAL.—The term ‘collabo18 rative applicant’ means an entity that— 

19 ‘‘(i) is a representative community 

20 homeless assistance planning body estab21 lished or designed in accordance with sec22 tion 402; 

23 ‘‘(ii) serves as the applicant for 

24 project sponsors who jointly submit a sin25 gle application for a grant under subtitle C 
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1 in accordance with a collaborative process; 

2 and 

3 ‘‘(iii) if the entity is a legal entity and 

4 is awarded such grant, receives such grant 

5 directly from the Secretary. 

6 ‘‘(B) STATE AND LOCAL GOVERNMENTS.— 

7 Notwithstanding the requirements of subpara8 graph (A), the term ‘collaborative applicant’ in9 cludes a State or local government, or a consor10 tium of State or local governments, engaged in 

11 activities to end homelessness. 

12 ‘‘(3) COLLABORATIVE APPLICATION.—The term 

13 ‘collaborative application’ means an application for a 

14 grant under subtitle C that— 

15 ‘‘(A) satisfies section 422 (including con16 taining the information described in subsections 

17 (a) and (c) of section 426); and 

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

19 collaborative applicant. 

20 ‘‘(4) 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. 
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1 ‘‘(5) 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 receive directly grant amounts under that subtitle. 

6 ‘‘(6) GEOGRAPHIC AREA.—The term ‘geo7 graphic area’ means a State, metropolitan city, 

8 urban county, town, village, or other nonentitlement 

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

10 United States, as described in section 106 of the 

11 Housing and Community Development Act of 1974 

12 (42 U.S.C. 5306). 

13 ‘‘(7) HOMELESS INDIVIDUAL WITH A DIS14 ABILITY.— 

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

16 individual with a disability’ means an individual 

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

18 has a disability that— 

19 ‘‘(i)(I) is expected to be long-con20 tinuing or of indefinite duration; 

21 ‘‘(II) substantially impedes the indi22 vidual’s ability to live independently; 

23 ‘‘(III) could be improved by the provi24 sion of more suitable housing conditions; 

25 and 
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1 ‘‘(IV) is a physical, mental, or emo2 tional impairment, including an impair3 ment caused by alcohol or drug abuse; 

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

5 defined in section 102 of the Develop6 mental Disabilities Assistance and Bill of 

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

8 ‘‘(iii) is the disease of acquired im9 munodeficiency syndrome or any condition 

10 arising from the etiologic agency for ac11 quired immunodeficiency syndrome. 

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

13 subparagraph (A) shall be construed to limit 

14 eligibility under clause (i) or (ii) of subpara15 graph (A). 

16 ‘‘(8) LEGAL ENTITY.—The term ‘legal entity’ 

17 means— 

18 ‘‘(A) an entity described in section 

19 501(c)(3) of the Internal Revenue Code of 1986 

20 and exempt from tax under section 501(a) of 

21 that Code; 

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

23 government; or 
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1 ‘‘(C) a consortium of instrumentalities of 

2 State or local governments that has constituted 

3 itself as an entity. 

4 ‘‘(9) METROPOLITAN CITY; URBAN COUNTY; 

5 NONENTITLEMENT AREA.—The terms ‘metropolitan 

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

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

8 the Housing and Community Development Act of 

9 1974 (42 U.S.C. 5302(a)). 

10 ‘‘(10) NEW.—The term ‘new’, used with respect 

11 to housing, means housing for which no assistance 

12 has been provided under this title. 

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

14 costs’ means expenses incurred by a project sponsor 

15 operating— 

16 ‘‘(A) transitional housing or permanent 

17 housing under this title with respect to— 

18 ‘‘(i) the administration, maintenance, 

19 repair, and security of such housing; 

20 ‘‘(ii) utilities, fuel, furnishings, and 

21 equipment for such housing; or 

22 ‘‘(iii) conducting an assessment under 

23 section 426(c)(2); and 

24 ‘‘(B) supportive housing, for homeless indi25 viduals with disabilities or homeless families 
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1 that include such an individual, under this title 

2 with respect to— 

3 ‘‘(i) the matters described in clauses 

4 (i), (ii), and (iii) of subparagraph (A); and 

5 ‘‘(ii) coordination of services as need6 ed to ensure long-term housing stability. 

7 ‘‘(12) OUTPATIENT HEALTH SERVICES.—The 

8 term ‘outpatient health services’ means outpatient 

9 health care services, mental health services, and out10 patient substance abuse treatment services. 

11 ‘‘(13) PERMANENT HOUSING.—The term ‘per12 manent housing’ means community-based housing 

13 without a designated length of stay, and includes 

14 permanent supportive housing for homeless individ15 uals with disabilities and homeless families that in16 clude such an individual who is an adult. 

17 ‘‘(14) PERMANENT HOUSING DEVELOPMENT

18 ACTIVITIES.—The term ‘permanent housing develop19 ment activities’ means activities— 

20 ‘‘(A) to construct, lease, rehabilitate, or ac21 quire structures to provide permanent housing; 

22 ‘‘(B) involving tenant-based and project23 based flexible rental assistance for permanent 

24 housing; 
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1 ‘‘(C) described in paragraphs (1) through 

2 (4) of section 423(a) as they relate to perma3 nent housing; or 

4 ‘‘(D) involving the capitalization of a dedi5 cated project account from which payments are 

6 allocated for rental assistance and operating 

7 costs of permanent housing. 

8 ‘‘(15) PRIVATE NONPROFIT ORGANIZATION.— 

9 The term ‘private nonprofit organization’ means an 

10 organization— 

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

12 inures to the benefit of any member, founder, 

13 contributor, or individual; 

14 ‘‘(B) that has a voluntary board; 

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

16 designated a fiscal agent in accordance with re17 quirements established by the Secretary; and 

18 ‘‘(D) that practices nondiscrimination in 

19 the provision of assistance. 

20 ‘‘(16) PROJECT.—The term ‘project’, used with 

21 respect to activities carried out under subtitle C, 

22 means eligible activities described in section 423(a), 

23 undertaken pursuant to a specific endeavor, such as 

24 serving a particular population or providing a par25 ticular resource. 
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1 ‘‘(17) PROJECT-BASED.—The term ‘project2 based’, used with respect to rental assistance, means 

3 assistance provided pursuant to a contract that— 

4 ‘‘(A) is between— 

5 ‘‘(i) a project sponsor; and 

6 ‘‘(ii) an owner of a structure that ex7 ists as of the date the contract is entered 

8 into; and 

9 ‘‘(B) provides that rental assistance pay10 ments shall be made to the owner and that the 

11 units in the structure shall be occupied by eligi12 ble persons for not less than the term of the 

13 contract. 

14 ‘‘(18) PROJECT SPONSOR.—The term ‘project 

15 sponsor’, used with respect to proposed eligible ac16 tivities, means the organization directly responsible 

17 for the proposed eligible activities. 

18 ‘‘(19) RECIPIENT.—Except as used in subtitle 

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

20 who— 

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

22 under section 422 that is approved by the Sec23 retary; 
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1 ‘‘(B) receives the grant directly from the 

2 Secretary to support approved projects de3 scribed in the application; and 

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

5 projects; or 

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

7 to carry out the projects. 

8 ‘‘(20) SECRETARY.—The term ‘Secretary’ 

9 means the Secretary of Housing and Urban Develop10 ment. 

11 ‘‘(21) SERIOUSLY MENTALLY ILL.—The term 

12 ‘seriously mentally ill’ means having a severe and 

13 persistent mental illness or emotional impairment 

14 that seriously limits a person’s ability to live inde15 pendently. 

16 ‘‘(22) STATE.—Except as used in subtitle B, 

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

18 the District of Columbia, the Commonwealth of 

19 Puerto Rico, the United States Virgin Islands, 

20 Guam, American Samoa, and the Commonwealth of 

21 the Northern Mariana Islands. 

22 ‘‘(23) SUPPORTIVE HOUSING.—The term ‘sup23 portive housing’ means housing that— 

24 ‘‘(A) helps individuals experiencing home25 lessness and families experiencing homelessness 
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1 to transition from homelessness to living in 

2 safe, decent, and affordable housing as inde3 pendently as possible; and 

4 ‘‘(B) provides supportive services and 

5 housing assistance on either a temporary or 

6 permanent basis, as determined by the identi7 fied abilities and needs of the program partici8 pants. 

9 ‘‘(24) SUPPORTIVE SERVICES.—The term ‘sup10 portive services’— 

11 ‘‘(A) through the end of the final deter12 mination year (as described in section 

13 423(a)(6)(C)(iii)), means the services described 

14 in section 423(a)(6)(A), for both new projects 

15 and projects receiving renewal funding; and 

16 ‘‘(B) after that final determination year, 

17 means the services described in section 

18 423(a)(6)(B), as permitted under section 

19 423(a)(6)(C), for both new projects and 

20 projects receiving renewal funding. 

21 ‘‘(25) TENANT-BASED.—The term ‘tenant22 based’, used with respect to rental assistance, means 

23 assistance that allows an eligible person to select a 

24 housing unit in which such person will live using 

25 rental assistance provided under subtitle C, except 
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1 that if necessary to assure that the provision of sup2 portive services to a person participating in a pro3 gram is feasible, a recipient or project sponsor may 

4 require that the person live— 

5 ‘‘(A) in a particular structure or unit for 

6 not more than the first year of the participa7 tion; and 

8 ‘‘(B) within a particular geographic area 

9 for the full period of the participation, or the 

10 period remaining after the period referred to in 

11 subparagraph (A). 

12 ‘‘(26) TRANSITIONAL HOUSING.—The term 

13 ‘transitional housing’ means housing, the purpose of 

14 which is to facilitate the movement of individuals 

15 and families experiencing homelessness to permanent 

16 housing within 24 months or such longer period as 

17 the Secretary determines necessary. 

18 ‘‘SEC. 402. COLLABORATIVE APPLICANTS. 

19 ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A col20 laborative applicant shall be established for a geographic 

21 area by the relevant parties in that geographic area, or 

22 designated for a geographic area by the Secretary in ac23 cordance with subsection (d), to lead a collaborative plan24 ning process to design and evaluate programs, policies, 

25 and practices to prevent and end homelessness. 
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1 ‘‘(b) MEMBERSHIP OF ESTABLISHED COLLABO2 RATIVE APPLICANT.—A collaborative applicant estab3 lished under subsection (a) shall be composed of persons 

4 from a particular geographic area who are— 

5 ‘‘(1) persons who are experiencing or have expe6 rienced homelessness (with not fewer than 2 persons 

7 being individuals who are experiencing or have expe8 rienced homelessness); 

9 ‘‘(2) persons who act as advocates for the di10 verse subpopulations of persons experiencing home11 lessness; 

12 ‘‘(3) persons or representatives of organizations 

13 who provide assistance to the variety of individuals 

14 and families experiencing homelessness; and 

15 ‘‘(4) relatives of individuals experiencing home16 lessness; 

17 ‘‘(5) government agency officials, particularly 

18 those officials responsible for administering funding 

19 under programs targeted for persons experiencing 

20 homelessness, and other programs for which persons 

21 experiencing homelessness are eligible, including 

22 mainstream programs identified by the Government 

23 Accountability Office in the 2 reports described in 

24 section 102(a)(5)(B); 
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1 ‘‘(6) 1 or more local educational agency liaisons 

2 designated under section 722(g)(1)(J)(ii), or their 

3 designees; 

4 ‘‘(7) members of the business community; 

5 ‘‘(8) members of neighborhood advocacy organi6 zations; and 

7 ‘‘(9) members of philanthropic organizations 

8 that contribute to preventing and ending homeless9 ness in the geographic area of the collaborative ap10 plicant. 

11 ‘‘(c) ROTATION OF MEMBERSHIP OF ESTABLISHED

12 OR DESIGNATED COLLABORATIVE APPLICANT.—The par13 ties establishing or designating a collaborative applicant 

14 under subsection (a) shall ensure, to the extent prac15 ticable, that the collaborative applicant rotates its mem16 bership to ensure that representatives of all agencies, busi17 nesses, and organizations who are described in paragraphs 

18 (1) through (9) of subsection (b) and invested in devel19 oping and implementing strategies to prevent and end 

20 homelessness are able to participate as decisionmaking 

21 members of the collaborative applicant. 

22 ‘‘(d) EXISTING PLANNING BODIES.—The Secretary 

23 may designate an entity to be a collaborative applicant if 

24 such entity— 
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1 ‘‘(1) prior to the date of enactment of the Com2 munity Partnership to End Homelessness Act of 

3 2005, engaged in coordinated, comprehensive local 

4 homeless housing and services planning and applied 

5 for Federal funding to provide homeless assistance; 

6 and 

7 ‘‘(2) ensures that its membership includes per8 sons described in paragraphs (1) through (9) of sub9 section (b). 

10 ‘‘(e) TAX EXEMPT ORGANIZATIONS.—An entity may 

11 be established or designated to serve as a collaborative ap12 plicant under this section without being a legal entity. If 

13 a collaborative applicant is a legal entity, the collaborative 

14 applicant may only receive funds directly from the Sec15 retary under this title, and may only apply for funds to 

16 conduct the activities described in section 423(a)(7). 

17 ‘‘(f) REMEDIAL ACTION.—If the Secretary finds that 

18 a collaborative applicant for a geographic area does not 

19 meet the requirements of this section, the Secretary may 

20 take remedial action to ensure fair distribution of grant 

21 amounts under subtitle C to eligible entities within that 

22 area. Such measures may include designating another 

23 body as a collaborative applicant, or permitting other eligi24 ble entities to apply directly for grants. 
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1 ‘‘(g) CONSTRUCTION.—Nothing in this section shall 

2 be construed to displace conflict of interest or government 

3 fair practices laws, or their equivalent, that govern appli4 cants for grant amounts under subtitles B and C. 

5 ‘‘(h) DUTIES.—A collaborative applicant shall— 

6 ‘‘(1)(A) design a collaborative process, estab7 lished jointly and complied with by its members, for 

8 evaluating, reviewing, prioritizing, awarding, and 

9 monitoring projects and applications submitted by 

10 project sponsors under subtitle C, and for evaluating 

11 the outcomes of projects for which funds are award12 ed under subtitle B, in such a manner as to ensure 

13 that the entities involved further the goal of pre14 venting and ending homelessness, and optimizing 

15 self-sufficiency among individuals and families expe16 riencing homelessness, in the geographic area in17 volved; 

18 ‘‘(B)(i)(I) review relevant policies and practices 

19 (in place and planned) of public and private entities 

20 in the geographic area served by the collaborative 

21 applicant to determine if the policies and practices 

22 further or impede the goal described in subpara23 graph (A); 

24 ‘‘(II) in conducting the review, give priority to 

25 the review of— 
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1 ‘‘(aa) the discharge planning and service 

2 termination policies and practices of publicly 

3 funded facilities or institutions (such as health 

4 care or treatment facilities or institutions, fos5 ter care or youth facilities, or juvenile or adult 

6 correctional institutions), and entities carrying 

7 out publicly funded programs and systems of 

8 care (such as health care or treatment pro9 grams, the programs of block grants to States 

10 for temporary assistance for needy families es11 tablished under part A of title IV of the Social 

12 Security Act (42 U.S.C. 601 et seq.), child wel13 fare or youth programs, or juvenile or adult 

14 correctional programs), to ensure that such a 

15 discharge or termination does not result in im16 mediate homelessness for the persons involved; 

17 ‘‘(bb) the access and utilization policies 

18 and practices of the entities carrying out main19 stream programs identified by the Government 

20 Accountability Office in the 2 reports described 

21 in section 102(a)(5)(B), to ensure that persons 

22 experiencing homelessness are able to access 

23 and utilize the programs; 

24 ‘‘(cc) local policies and practices relating to 

25 zoning and enforcement of local statutes, to en-
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1 sure that the policies and practices allow rea2 sonable inclusion and distribution in the geo3 graphic area of special needs populations and 

4 families with children and the facilities that 

5 serve the populations and families; 

6 ‘‘(dd) policies and practices relating to the 

7 school selection and enrollment of homeless chil8 dren and youths (as defined in section 725) to 

9 ensure that the homeless children and youths, 

10 and their parents, are able to exercise their 

11 educational rights under subtitle B of title VII; 

12 and 

13 ‘‘(ee) local policies and practices relating to 

14 the placement of families with homeless chil15 dren and youths (as so defined) in emergency 

16 or transitional shelters, to ensure that the chil17 dren and youths are placed as close as possible 

18 to their school of origin in order to facilitate 

19 continuity of, and prevent disruption of, edu20 cational services; and 

21 ‘‘(III) in conducting the review, determine the 

22 modifications and corrective actions that need to be 

23 taken, and by whom, to ensure that the relevant 

24 policies and practices do not stimulate, or prolong, 

25 homelessness in the geographic area; 
28 

•S 1801 IS

1 ‘‘(ii) inform the appropriate entities of the de2 terminations described in clause (i); and 

3 ‘‘(iii) at least once every 3 years, prepare for in4 clusion in any application reviewed by the collabo5 rative applicant, and submitted to the Secretary 

6 under section 422, the determinations described in 

7 clause (i), in the form of an exhibit entitled ‘Assess8 ment of Relevant Policies and Practices, and Needed 

9 Corrective Actions to End and Prevent Homeless10 ness’; and 

11 ‘‘(C) if the collaborative applicant designs and 

12 carries out the projects, design and carry out the 

13 projects in such a manner as to further the goal de14 scribed in subparagraph (A); 

15 ‘‘(2)(A) require, consistent with the Govern16 ment Performance and Results Act of 1993 and 

17 amendments made by that Act, that recipients and 

18 project sponsors who are funded by grants received 

19 under subtitle C implement and maintain an out20 come-based evaluation of their projects that meas21 ures effective and timely delivery of housing or serv22 ices and whether provision of such housing or serv23 ices results in preventing or ending homelessness for 

24 the persons that such recipients and project spon25 sors serve; and 
29 

•S 1801 IS

1 ‘‘(B) request that States and local governments 

2 who distribute funds under subtitle B submit infor3 mation and comments on the administration of ac4 tivities under subtitle B, to enable the collaborative 

5 applicant to plan and design a full continuum of 

6 care for persons experiencing homelessness; 

7 ‘‘(3) require, consistent with the Government 

8 Performance and Results Act of 1993 and amend9 ments made by that Act, outcome-based evaluation 

10 of the homeless assistance planning process of the 

11 collaborative applicant to measure the performance 

12 of the collaborative applicant in preventing or ending 

13 the homelessness of persons in the geographic area 

14 of the collaborative applicant; 

15 ‘‘(4) participate in the Consolidated Plan for 

16 the geographic area served by the collaborative ap17 plicant; and 

18 ‘‘(5)(A) require each project sponsor who is 

19 funded by a grant received under subtitle C to estab20 lish such fiscal control and fund accounting proce21 dures as may be necessary to assure the proper dis22 bursal of, and accounting for, Federal funds award23 ed to the project sponsor under subtitle C in order 

24 to ensure that all financial transactions carried out 

25 under subtitle C are conducted, and records main-
30 

•S 1801 IS

1 tained, in accordance with generally accepted ac2 counting principles; and 

3 ‘‘(B) arrange for an annual survey, audit, or 

4 evaluation of the financial records of each project 

5 carried out by a project sponsor funded by a grant 

6 received under subtitle C. 

7 ‘‘(i) CONFLICT OF INTEREST.—No member of a col8 laborative applicant may participate in decisions of the col9 laborative applicant concerning the award of a grant, or 

10 provision of other financial benefits, to such member or 

11 the organization that such member represents. 

12 ‘‘(j) HOMELESS MANAGEMENT INFORMATION SYS13 TEM.— 

14 ‘‘(1) IN GENERAL.—In accordance with stand15 ards established by the Secretary, each collaborative 

16 applicant shall ensure consistent participation by 

17 project sponsors in a community-wide homeless man18 agement information system. The collaborative appli19 cant shall ensure the participation for purposes of 

20 collecting unduplicated counts of individuals and 

21 families experiencing homelessness, analyzing pat22 terns of use of assistance provided under subtitles B 

23 and C for the geographic area involved, imple24 menting an effective information and referral sys25 tem, and providing information for the needs anal-
31 

•S 1801 IS

1 yses and funding priorities of collaborative appli2 cants. 

3 ‘‘(2) FUNDS.—A collaborative applicant may 

4 apply for funds under this title to establish, con5 tinue, carry out, or ensure consistent participation 

6 by project sponsors in a homeless management infor7 mation system, if the applicant is a legal entity.’’; 

8 (4) by inserting after section 403 (as redesig9 nated in paragraph (2)) the following: 

10 ‘‘SEC. 404. TECHNICAL ASSISTANCE. 

11 ‘‘(a) TECHNICAL ASSISTANCE FOR PROJECT SPON12 SORS.—The Secretary shall make effective technical as13 sistance available to private nonprofit organizations and 

14 other nongovernmental entities, States, metropolitan cit15 ies, urban counties, and counties that are not urban coun16 ties that are potential project sponsors, in order to imple17 ment effective planning processes for preventing and end18 ing homelessness, to optimize self-sufficiency among indi19 viduals experiencing homelessness and to improve their ca20 pacity to become project sponsors. 

21 ‘‘(b) TECHNICAL ASSISTANCE FOR COLLABORATIVE

22 APPLICANTS.—The Secretary shall make effective tech23 nical assistance available to collaborative applicants to im24 prove their ability to carry out the provisions of this title, 

25 and to design and execute outcome-effective strategies for 
32 

•S 1801 IS

1 preventing and ending homelessness in their geographic 

2 areas consistent with the provisions of this title. 

3 ‘‘(c) RESERVATION.—The Secretary may reserve not 

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

5 fiscal year for carrying out subtitles B and C, to make 

6 available technical assistance under subsections (a) and 

7 (b). 

8 ‘‘SEC. 405. PERFORMANCE REPORTS AND MONITORING. 

9 ‘‘(a) IN GENERAL.—A collaborative applicant shall 

10 submit to the Secretary an annual performance report re11 garding the activities carried out with grant amounts re12 ceived under subtitles B and C in the geographic area 

13 served by the collaborative applicant, at such time and in 

14 such manner as the Secretary determines to be reasonable. 

15 ‘‘(b) CONTENT.—The performance report described 

16 in subsection (a) shall— 

17 ‘‘(1) describe the number of persons provided 

18 homelessness prevention assistance (including the 

19 number of such persons who were discharged or 

20 whose services were terminated as described in sec21 tion 422(c)(1)(B)(ii)(I)(bb)), and the number of in22 dividuals and families experiencing homelessness 

23 who were provided shelter, housing, or supportive 

24 services, with the grant amounts awarded in the fis25 cal year prior to the fiscal year in which the report 
33 

•S 1801 IS

1 was submitted, including measurements of the num2 ber of persons experiencing homelessness who— 

3 ‘‘(A) entered permanent housing, and the 

4 length of time such persons resided in that 

5 housing, if known; 

6 ‘‘(B) entered transitional housing, and the 

7 length of time such persons resided in that 

8 housing, if known; 

9 ‘‘(C) obtained or retained jobs; 

10 ‘‘(D) increased their income, including in11 creasing income through the receipt of govern12 ment benefits; 

13 ‘‘(E) received mental health or substance 

14 abuse treatment in an institutional setting and 

15 now receive that assistance in a less restrictive, 

16 community-based setting; 

17 ‘‘(F) received additional education, voca18 tional or job training, or employment assistance 

19 services; 

20 ‘‘(G) received additional physical, mental, 

21 or emotional health care; 

22 ‘‘(H) were children under the age of 18 

23 during the year at issue, including the number 

24 of— 
34 

•S 1801 IS

1 ‘‘(i) children who were not younger 

2 than 2 and not older than 4, or were in3 fants or toddlers with disabilities (as de4 fined in section 632 of the Individuals with 

5 Disabilities Education Act (20 U.S.C. 

6 1432)); 

7 ‘‘(ii) children described in clause (i) 

8 who were enrolled in preschool or were re9 ceiving services under part C of such Act 

10 (20 U.S.C. 1431 et seq.); 

11 ‘‘(iii) children who were not younger 

12 than 5 and not older than 17; 

13 ‘‘(iv) children described in clause (iii) 

14 who are enrolled in elementary school or 

15 secondary school (as such terms are de16 fined in section 9101 of the Elementary 

17 and Secondary Education Act of 1965 (20 

18 U.S.C. 7801)); and 

19 ‘‘(v) children under the age of 18 who 

20 received child care, health care, mental 

21 health care, or supplemental educational 

22 services; and 

23 ‘‘(I) were reunited with their families; 

24 ‘‘(2) estimate the number of persons experi25 encing homelessness, including children under the 
35 

•S 1801 IS

1 age of 18, in the geographic area served by the col2 laborative applicant who are eligible for, but did not 

3 receive, services, housing, or other assistance 

4 through the programs funded under subtitles B and 

5 C in the prior fiscal year; 

6 ‘‘(3) indicate the accomplishments achieved 

7 within the geographic area that involved the use of 

8 the grant amounts awarded in the prior fiscal year, 

9 regarding efforts to coordinate services and pro10 grams within the geographic area; 

11 ‘‘(4) indicate the accomplishments achieved 

12 within the geographic area to— 

13 ‘‘(A) increase access by persons experi14 encing homelessness to programs that are not 

15 targeted for persons experiencing homelessness 

16 (but for which persons experiencing homeless17 ness are eligible), including mainstream pro18 grams identified by the Government Account19 ability Office in the 2 reports described in sec20 tion 102(a)(5)(B); and 

21 ‘‘(B) prevent the homelessness of persons 

22 discharged from publicly funded institutions or 

23 systems of care (such as health care facilities, 

24 child welfare or other youth facilities or systems 

25 of care, institutions or systems of care relating 
36 

•S 1801 IS

1 to the program of block grants to States for 

2 temporary assistance for needy families estab3 lished under part A of title IV of the Social Se4 curity Act (42 U.S.C. 601 et seq.), and juvenile 

5 or adult correctional programs and institu6 tions); 

7 ‘‘(5) describe how the collaborative applicant 

8 and other involved public and private entities within 

9 the geographic area will incorporate their experi10 ences in the prior fiscal year into the programs and 

11 process that the collaborative applicant and entities 

12 will implement during the next fiscal year, including 

13 describing specific strategies to improve their per14 formance outcomes; 

15 ‘‘(6) assess the consistency and coordination be16 tween the programs funded under subtitles B and C 

17 in the prior fiscal year and the Consolidated Plan; 

18 ‘‘(7) include updates to the exhibits described in 

19 section 402(h)(1)(B)(iii) that were included in appli20 cations— 

21 ‘‘(A) submitted under section 422 by col22 laborative applicants; and 

23 ‘‘(B) approved by the Secretary; 
37 

•S 1801 IS

1 ‘‘(8) for each project sponsor funded by the col2 laborative applicant through a grant under subtitle 

3 C— 

4 ‘‘(A) include a performance evaluation 

5 (which may include information from the re6 ports described in subsection (a) and section 

7 422(c)(1)(B)(vii)) of each project carried out by 

8 the project sponsor, based on the outcome9 based evaluation measures described in section 

10 402(h)(2)(A), the measurements described in 

11 section 423(a)(7), and the evaluation plan for 

12 the project described in section 426(b)(8) and 

13 resulting from the monitoring described in sec14 tions 402(h)(1)(A) and 426(c)(3); and 

15 ‘‘(B) include a report, resulting from a 

16 survey, audit or evaluation conducted under 

17 section 402(h)(5)(B), detailing whether the 

18 project sponsor has carried out the record19 keeping and reporting requirements of section 

20 402(h)(5); and 

21 ‘‘(9) provide such other information as the Sec22 retary finds relevant to assessing performance, in23 cluding performance on success measures that are 

24 risk-adjusted to factors related to the circumstances 

25 of the population served. 
38 

•S 1801 IS

1 ‘‘(c) WAIVER.—The Secretary may grant a waiver to 

2 any collaborative applicant that is unable to provide infor3 mation required by subsection (b). Such collaborative ap4 plicant shall submit a plan to provide such information 

5 within a reasonable period of time. 

6 ‘‘(d) MONITORING BY THE SECRETARY.— 

7 ‘‘(1) COLLABORATIVE APPLICANTS.—Each 

8 year, the Secretary shall— 

9 ‘‘(A) ensure that each collaborative appli10 cant has complied with the requirements of sub11 section (b)(8) and section 402(h)(5); 

12 ‘‘(B) require each collaborative applicant 

13 receiving funds under subtitle C to establish 

14 such fiscal control and fund accounting proce15 dures as may be necessary to assure the proper 

16 disbursal of, and accounting for, Federal funds 

17 awarded to the collaborative applicant under 

18 subtitle C in order to ensure that all financial 

19 transactions carried out under subtitle C are 

20 conducted, and records maintained, in accord21 ance with generally accepted accounting prin22 ciples; and 

23 ‘‘(C) for a selected sample of collaborative 

24 applicants receiving funds under subtitle C— 
39 

•S 1801 IS

1 ‘‘(i) ensure that each selected collabo2 rative applicant has satisfactorily carried 

3 out the recordkeeping and reporting re4 quirements of subsections (a) and (b), sec5 tion 426(c)(3), and, if applicable, section 

6 426(c)(6); and 

7 ‘‘(ii) survey, audit, or evaluate the fi8 nancial records of each selected collabo9 rative applicant receiving funds under sub10 title C to carry out section 423(a)(7)(A), 

11 using Federal auditors. 

12 ‘‘(2) PROJECT SPONSORS.—Each year, the Sec13 retary shall select a sample of project sponsors and 

14 shall conduct a performance evaluation of each 

15 project of each selected project sponsor funded 

16 under subtitle C, using the outcome-based evaluation 

17 measures developed by the appropriate collaborative 

18 applicant in accordance with section 402(h)(2)(A) 

19 and including the measurements described in section 

20 423(a)(7). 

21 ‘‘(e) ACTION BY SECRETARY.—Based on the informa22 tion available to the Secretary, including information ob23 tained pursuant to subsections (b) and (d), the Secretary 

24 may adjust, reduce, or withdraw amounts made available 

25 (or that would otherwise be made available) to collabo-
40 

•S 1801 IS

1 rative applicants, or take other action as appropriate (in2 cluding designating another body as a collaborative appli3 cant, or permitting other collaborative entities to apply di4 rectly for grants under subtitle C), except that amounts 

5 already properly expended on eligible activities under this 

6 title may not be recaptured by the Secretary.’’; and 

7 (5) by inserting after section 406 (as redesig8 nated in paragraph (2)) the following: 

9 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 

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

11 title II and this title $1,600,000,000 for fiscal year 2006 

12 and such sums as may be necessary for fiscal years 2007, 

13 2008, 2009, and 2010.’’. 

14 SEC. 5. EMERGENCY SHELTER GRANTS PROGRAM. 

15 Subtitle B of title IV of the McKinney-Vento Home16 less Assistance Act (42 U.S.C. 11371 et seq.) is amend17 ed— 

18 (1) by striking section 412 (42 U.S.C. 11372) 

19 and inserting the following: 

20 ‘‘SEC. 412. GRANT ASSISTANCE. 

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

22 governments (and to private nonprofit organizations pro23 viding assistance to persons experiencing homelessness, in 

24 the case of grants made with reallocated amounts) for the 

25 purpose of carrying out activities described in section 414. 
41 

•S 1801 IS

1 ‘‘SEC. 412A. 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 not more than 15 

5 percent of such amount for activities described in section 

6 414. 

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

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

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

10 by collaborative applicants that submit applications under 

11 subtitle C, shall allocate the funds made available through 

12 the grant to carry out activities described in section 414, 

13 in consultation with the collaborative applicants.’’; 

14 (2) in section 413(b) (42 U.S.C. 11373(b)), by 

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

16 through ‘‘for any’’ and inserting ‘‘amounts appro17 priated under section 407 and made available to 

18 carry out this subtitle for any’’; 

19 (3) by striking section 414 (42 U.S.C. 11374) 

20 and inserting the following: 

21 ‘‘SEC. 414. ELIGIBLE ACTIVITIES. 

22 ‘‘(a) IN GENERAL.—Assistance provided under sec23 tion 412 may be used for the following activities: 

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

25 conversion of buildings to be used as emergency 

26 shelters. 
42 

•S 1801 IS

1 ‘‘(2) The provision of essential services, includ2 ing services concerned with employment, health, or 

3 education, family support services for homeless 

4 youth, alcohol or drug abuse prevention or treat5 ment, or mental health treatment, if such essential 

6 services have not been provided by the local govern7 ment during any part of the immediately preceding 

8 12-month period, or the use of assistance under this 

9 subtitle would complement the provision of those es10 sential services. 

11 ‘‘(3) Maintenance, operation insurance, provi12 sion of utilities, and provision of furnishings. 

13 ‘‘(4) Efforts to prevent homelessness, such as 

14 the provision of financial assistance to families who 

15 have received eviction notices or notices of termi16 nation of utility services, if— 

17 ‘‘(A) the inability of such a family to make 

18 the required payments is due to a sudden re19 duction in income; 

20 ‘‘(B) the assistance is necessary to avoid 

21 the eviction or termination of services; 

22 ‘‘(C) there is a reasonable prospect that 

23 the family will be able to resume the payments 

24 within a reasonable period of time; and 
43 

•S 1801 IS

1 ‘‘(D) funds appropriated for the assistance 

2 will not supplant funding for homelessness pre3 vention activities from other sources (other 

4 funds made available under this Act). 

5 ‘‘(b) LIMITATION.—Not more than 30 percent of the 

6 aggregate amount of all assistance to a State or local gov7 ernment under this subtitle may be used for activities 

8 under subsection (a)(4).’’; and 

9 (4) by repealing sections 417 and 418 (42 

10 U.S.C. 11377, 11378). 

11 SEC. 6. HOMELESS ASSISTANCE PROGRAM. 

12 Subtitle C of title IV of the McKinney-Vento Home13 less Assistance Act (42 U.S.C. 11381 et seq.) is amend14 ed— 

15 (1) by striking the subtitle heading and insert16 ing the following: 

17 ‘‘Subtitle C—Homeless Assistance 

18 Program’’; 

19 (2) by striking sections 421 through 423 (42 

20 U.S.C. 11381 et seq.) and inserting the following: 

21 ‘‘SEC. 421. PURPOSES. 

22 ‘‘The purposes of this subtitle are— 

23 ‘‘(1) to promote the implementation of activities 

24 that can prevent vulnerable individuals and families 

25 from becoming homeless; 
44 

•S 1801 IS

1 ‘‘(2) to promote the development of transitional 

2 and permanent housing, including low-demand hous3 ing; 

4 ‘‘(3) to promote access to and effective utiliza5 tion of mainstream programs identified by the Gov6 ernment Accountability Office in the 2 reports de7 scribed in section 102(a)(5)(B) and programs fund8 ed with State or local resources; and 

9 ‘‘(4) to optimize self-sufficiency among individ10 uals experiencing homelessness. 

11 ‘‘SEC. 422. COMMUNITY HOMELESS ASSISTANCE PROGRAM. 

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

13 to collaborative applicants to carry out homeless assist14 ance and prevention projects, either directly or by award15 ing funds to project sponsors to carry out the projects. 

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

17 The Secretary shall release a Notification of Funding 

18 Availability for grants awarded under this subtitle for a 

19 fiscal year not later than 3 months after the date of enact20 ment of the appropriate Act making appropriations for the 

21 Department of Housing and Urban Development for the 

22 fiscal year. 

23 ‘‘(c) APPLICATIONS.— 

24 ‘‘(1) SUBMISSION TO THE SECRETARY.—To re25 ceive a grant under subsection (a), a collaborative 
45 

•S 1801 IS

1 applicant shall submit an application to the Sec2 retary at such time and in such manner as the Sec3 retary may require, and containing— 

4 ‘‘(A) the information described in sub5 sections (a) and (c) of section 426; and 

6 ‘‘(B) other information that shall— 

7 ‘‘(i) describe the establishment (or 

8 designation) and function of the collabo9 rative applicant, including— 

10 ‘‘(I) the nomination and selection 

11 process, including the names and af12 filiations of all members of the col13 laborative applicant; or 

14 ‘‘(II) all meetings held by the col15 laborative applicant in preparing the 

16 application, including identification of 

17 those meetings that were public; and 

18 ‘‘(III) all meetings between rep19 resentatives of the collaborative appli20 cant, and persons responsible for ad21 ministering the Consolidated Plan; 

22 ‘‘(ii) outline the range of housing and 

23 service programs available to persons expe24 riencing homelessness or imminently at 

25 risk of experiencing homelessness and de-
46 

•S 1801 IS

1 scribe the unmet needs that remain in the 

2 geographic area for which the collaborative 

3 applicant seeks funding regarding— 

4 ‘‘(I) prevention activities, includ5 ing providing assistance in— 

6 ‘‘(aa) making mortgage, 

7 rent, or utility payments; or 

8 ‘‘(bb) accessing permanent 

9 housing and transitional housing 

10 for individuals (and families that 

11 include the individuals) who are 

12 being discharged from a publicly 

13 funded facility, program, or sys14 tem of care, or whose services 

15 (from such a facility, program, or 

16 system of care) are being termi17 nated; 

18 ‘‘(II) outreach activities to assess 

19 the needs and conditions of persons 

20 experiencing homelessness, including 

21 significant subpopulations of such per22 sons, including individuals with dis23 abilities, veterans, victims of domestic 

24 violence, homeless children and youths 

25 (as defined in section 725), and 
47 

•S 1801 IS

1 chronically homeless individuals and 

2 families; 

3 ‘‘(III) emergency shelters, includ4 ing the supportive and referral serv5 ices the shelters provide; 

6 ‘‘(IV) transitional housing with 

7 appropriate supportive services to help 

8 persons experiencing homelessness 

9 who are not yet able or prepared to 

10 make the transition to permanent 

11 housing and independent living; 

12 ‘‘(V) permanent housing to help 

13 meet the long-term needs of individ14 uals and families experiencing home15 lessness; and 

16 ‘‘(VI) needed supportive services, 

17 including services for children; 

18 ‘‘(iii) prioritize the projects for which 

19 the collaborative applicant seeks funding 

20 according to the unmet needs in the fiscal 

21 year for which the applicant submits the 

22 application as described in clause (ii); 

23 ‘‘(iv) identify funds from private and 

24 public sources, other than funds received 

25 under subtitles B and C, that the State, 
48 

•S 1801 IS

1 units of general local government, recipi2 ents, project sponsors, and others will use 

3 for homelessness prevention, outreach, 

4 emergency shelter, supportive services, 

5 transitional housing, and permanent hous6 ing, that will be integrated with the assist7 ance provided under subtitles B and C; 

8 ‘‘(v) identify funds provided by the 

9 State and units of general local govern10 ment under programs targeted for persons 

11 experiencing homelessness, and other pro12 grams for which persons experiencing 

13 homelessness are eligible, including main14 stream programs identified by the Govern15 ment Accountability Office in the 2 reports 

16 described in section 102(a)(5)(B); 

17 ‘‘(vi) explain— 

18 ‘‘(I) how the collaborative appli19 cant will meet the housing and service 

20 needs of individuals and families expe21 riencing homelessness in the appli22 cant’s community; and 

23 ‘‘(II) how the collaborative appli24 cant will integrate the activities de25 scribed in the application with the 
49 

•S 1801 IS

1 strategy of the State, units of general 

2 local government, and private entities 

3 in the geographic area over the next 5 

4 years to prevent and end homeless5 ness, including, as part of that strat6 egy, a work plan for the applicable fis7 cal years; 

8 ‘‘(vii) report on the outcome-based 

9 performance of the homeless programs 

10 within the geographic area served by the 

11 collaborative applicant that were funded 

12 under this title in the fiscal year prior to 

13 the fiscal year in which the application is 

14 submitted; 

15 ‘‘(viii) include any relevant required 

16 agreements under subtitle C; 

17 ‘‘(ix) contain a certification of consist18 ency with the Consolidated Plan pursuant 

19 to section 403; 

20 ‘‘(x) include an exhibit described in 

21 section 402(h)(1)(B)(iii) and prepared by 

22 the collaborative applicant in accordance 

23 with that section; and 

24 ‘‘(xi) contain a certification that 

25 project sponsors for all projects for which 
50 

•S 1801 IS

1 the collaborative applicant seeks funding 

2 through the grant will establish policies 

3 and practices that are consistent with, and 

4 do not restrict the exercise of rights pro5 vided by, subtitle B of title VII, and other 

6 laws relating to the provision of edu7 cational and related services to individuals 

8 experiencing homelessness. 

9 ‘‘(2) CONSIDERATION.—In outlining the pro10 grams and describing the needs referred to in para11 graph (1)(A)(ii), the collaborative applicant shall 

12 take into account the findings and recommendations 

13 of the most recently completed annual assessments, 

14 conducted pursuant to section 2034 of title 38, 

15 United States Code, of the Department of Veterans 

16 Affairs medical centers or regional benefits offices 

17 whose service areas include the geographic area de18 scribed in paragraph (1)(A)(ii). 

19 ‘‘(3) ANNOUNCEMENT OF AWARDS.—The Sec20 retary shall announce, within 4 months after the last 

21 date for the submission of applications described in 

22 this subsection for a fiscal year, the grants condi23 tionally awarded under subsection (a) for that fiscal 

24 year. 
51 

•S 1801 IS

1 ‘‘(4) OBLIGATION, DISTRIBUTION, AND UTILIZA2 TION OF FUNDS.— 

3 ‘‘(A) REQUIREMENTS FOR OBLIGATION.— 

4 ‘‘(i) IN GENERAL.—Not later than 9 

5 months after the announcement referred to 

6 in paragraph (3), each recipient of a grant 

7 announced under paragraph (3) shall, with 

8 respect to a project to be funded through 

9 such grant, meet, or cause the project 

10 sponsor to meet, all requirements for the 

11 obligation of funds for such project, includ12 ing site control, matching funds, and envi13 ronmental review requirements, except as 

14 provided in clause (ii). 

15 ‘‘(ii) ACQUISITION, REHABILITATION, 

16 OR CONSTRUCTION.—Not later than 15 

17 months after the announcement referred to 

18 in paragraph (3), each recipient or project 

19 sponsor seeking the obligation of funds for 

20 acquisition of housing, rehabilitation of 

21 housing, or construction of new housing 

22 for a grant announced under paragraph 

23 (3) shall meet all requirements for the obli24 gation of those funds, including site con-
52 

•S 1801 IS

1 trol, matching funds, and environmental 

2 review requirements. 

3 ‘‘(iii) EXTENSIONS.—At the discretion 

4 of the Secretary, and in compelling cir5 cumstances, the Secretary may extend the 

6 date by which a recipient shall meet or 

7 cause a project sponsor to meet the re8 quirements described in clause (i) if the 

9 Secretary determines that compliance with 

10 the requirements was delayed due to fac11 tors beyond the reasonable control of the 

12 recipient or project sponsor. Such factors 

13 may include difficulties in obtaining site 

14 control for a proposed project, completing 

15 the process of obtaining secure financing 

16 for the project, or completing the technical 

17 submission requirements for the project. 

18 ‘‘(B) OBLIGATION.—Not later than 45 

19 days after a recipient meets or causes a project 

20 sponsor to meet the requirements described in 

21 subparagraph (A), the Secretary shall obligate 

22 the funds for the grant involved. 

23 ‘‘(C) DISTRIBUTION.—A recipient that re24 ceives funds through such a grant— 
53 

•S 1801 IS

1 ‘‘(i) shall distribute the funds to 

2 project sponsors (in advance of expendi3 tures by the project sponsors); and 

4 ‘‘(ii) shall distribute the appropriate 

5 portion of the funds to a project sponsor 

6 not later than 45 days after receiving a re7 quest for such distribution from the project 

8 sponsor. 

9 ‘‘(D) EXPENDITURE OF FUNDS.—The Sec10 retary may establish a date by which funds 

11 made available through a grant announced 

12 under paragraph (3) for a homeless assistance 

13 and prevention project shall be entirely ex14 pended by the recipient or project sponsors in15 volved. The Secretary shall recapture the funds 

16 not expended by such date. The Secretary shall 

17 reallocate the funds for another homeless assist18 ance and prevention project that meets the re19 quirements of this subtitle to be carried out, if 

20 possible and appropriate, in the same geo21 graphic area as the area served through the 

22 original grant. 

23 ‘‘(d) NOTIFICATION OF PRO RATA ESTIMATED NEED

24 AMOUNTS.— 
54 

•S 1801 IS

1 ‘‘(1) NOTICE.—The Secretary shall inform each 

2 collaborative applicant, at a time concurrent with the 

3 release of the Notice of Funding Availability for the 

4 grants, of the pro rata estimated need amount under 

5 this subtitle for the geographic area represented by 

6 the collaborative applicant. 

7 ‘‘(2) AMOUNT.— 

8 ‘‘(A) BASIS.—Such estimated need amount 

9 shall be based on a percentage of the total 

10 funds available, or estimated to be available, to 

11 carry out this subtitle for any fiscal year that 

12 is equal to the percentage of the total amount 

13 available for section 106 of the Housing and 

14 Community Development Act of 1974 (42 

15 U.S.C. 5306) for the prior fiscal year that— 

16 ‘‘(i) was allocated to all metropolitan 

17 cities and urban counties within the geo18 graphic area represented by the collabo19 rative applicant; or 

20 ‘‘(ii) would have been distributed to 

21 all counties within such geographic area 

22 that are not urban counties, if the 30 per23 cent portion of the allocation to the State 

24 involved (as described in subsection (d)(1) 

25 of that section 106) for that year had been 
55 

•S 1801 IS

1 distributed among the counties that are 

2 not urban counties in the State in accord3 ance with the formula specified in that 

4 subsection (with references in that sub5 section to nonentitlement areas considered 

6 to be references to those counties). 

7 ‘‘(B) RULE.—In computing the estimated 

8 need amount, the Secretary shall adjust the es9 timated need amount determined pursuant to 

10 subparagraph (A) to ensure that— 

11 ‘‘(i) 75 percent of the total funds 

12 available, or estimated to be available, to 

13 carry out this subtitle for any fiscal year 

14 are allocated to the metropolitan cities and 

15 urban counties that received a direct allo16 cation of funds under section 413 for the 

17 prior fiscal year; and 

18 ‘‘(ii) 25 percent of the total funds 

19 available, or estimated to be available, to 

20 carry out this subtitle for any fiscal year 

21 are allocated— 

22 ‘‘(I) to the metropolitan cities 

23 and urban counties that did not re24 ceive a direct allocation of funds 
56 

•S 1801 IS

1 under section 413 for the prior fiscal 

2 year; and 

3 ‘‘(II) to counties that are not 

4 urban counties. 

5 ‘‘(C) COMBINATIONS OR CONSORTIA.—For 

6 a collaborative applicant that represents a com7 bination or consortium of cities or counties, the 

8 estimated need amount shall be the sum of the 

9 estimated need amounts for the cities or coun10 ties represented by the collaborative applicant. 

11 ‘‘(D) AUTHORITY OF SECRETARY.—The 

12 Secretary may increase the estimated need 

13 amount for a geographic area if necessary to 

14 provide 1 year of renewal funding for all expir15 ing contracts entered into under this subtitle 

16 for the geographic area. 

17 ‘‘(e) APPEALS.— 

18 ‘‘(1) IN GENERAL.—Not later than 3 months 

19 after the date of enactment of the Community Part20 nership to End Homelessness Act of 2005, the Sec21 retary shall establish a timely appeal procedure for 

22 grant amounts awarded or denied under this subtitle 

23 pursuant to an application for funding. 

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

25 that the procedure permits appeals submitted by col-
57 

•S 1801 IS

1 laborative applicants, entities carrying out homeless 

2 housing and services projects (including emergency 

3 shelters and homelessness prevention programs), 

4 homeless planning bodies not designated by the Sec5 retary as collaborative applicants. 

6 ‘‘(f) RENEWAL FUNDING FOR UNSUCCESSFUL AP7 PLICANTS.—The Secretary may renew funding for a spe8 cific project previously funded under this subtitle that the 

9 Secretary determines is worthy, and was included as part 

10 of a total application that met the criteria of subsection 

11 (c), even if the application was not selected to receive 

12 grant assistance. The Secretary may renew the funding 

13 for a period of not more than 1 year, and under such con14 ditions as the Secretary determines to be appropriate. 

15 ‘‘SEC. 423. ELIGIBLE ACTIVITIES. 

16 ‘‘(a) IN GENERAL.—The Secretary may award grants 

17 to qualified collaborative applicants under section 422 to 

18 carry out homeless assistance and prevention projects that 

19 consist of 1 or more of the following eligible activities: 

20 ‘‘(1) Construction of new housing units to pro21 vide transitional or permanent housing. 

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

23 to provide supportive services or to provide transi24 tional or permanent housing, other than emergency 

25 shelter. 
58 

•S 1801 IS

1 ‘‘(3) Leasing of property, or portions of prop2 erty, not owned by the recipient or project sponsor 

3 involved, for use in providing transitional or perma4 nent housing, or providing supportive services. 

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

6 transitional or permanent housing to eligible per7 sons. The rental assistance may include tenant-based 

8 or project-based rental assistance. 

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

10 units assisted under this subtitle. 

11 ‘‘(6)(A) Through the end of the final deter12 mination year (as described in subparagraph 

13 (C)(iii)), the supportive services described in section 

14 425(c), for both new projects and projects receiving 

15 renewal funding. 

16 ‘‘(B) After that final determination year, for 

17 both new projects and projects receiving renewal 

18 funding, services providing job training, case man19 agement, outreach services, life skills training, hous20 ing counseling services, and other services deter21 mined by the Secretary (either at the Secretary’s ini22 tiative or on the basis of adequate justification by an 

23 applicant) to be directly relevant to allowing persons 

24 experiencing homelessness to access and retain hous25 ing. 
59 

•S 1801 IS

1 ‘‘(C)(i) Not later than 30 days after the end of 

2 the fiscal year in which the date of enactment of the 

3 Community Partnership to End Homelessness Act of 

4 2005 occurs (referred to in this paragraph as the 

5 ‘initial year’), the Government Accountability Office, 

6 after consultation with the congressional committees 

7 with jurisdiction over the services referred to in this 

8 pararaph, shall determine— 

9 ‘‘(I) the amount of Federal funds (other 

10 than funds made available under this subtitle) 

11 that were made available to fund the supportive 

12 services described in section 425(c), other than 

13 the services described in subparagraph (B) (re14 ferred to in this paragraph as the ‘outside sup15 portive services amount’) for that initial year; 

16 and 

17 ‘‘(II) the amount of Federal funds made 

18 available under this subtitle to fund the sup19 portive services described in section 425(c), 

20 other than the services described in subpara21 graph (B) (referred to in this paragraph as the 

22 ‘subtitle B supportive services amount’) for that 

23 initial year. 

24 ‘‘(ii) Not later than 30 days after the end of the 

25 third full fiscal year after that date of enactment 
60 

•S 1801 IS

1 and of each subsequent fiscal year (referred to in 

2 this paragraph as the ‘determination year’) until the 

3 final determination year described in clause (iii), the 

4 Government Accountability Office, after consultation 

5 with the committees described in clause (i), shall— 

6 ‘‘(I) determine the outside supportive serv7 ices amount for that determination year; 

8 ‘‘(II) calculate the increase in the outside 

9 supportive services amount, by subtracting the 

10 outside supportive services amount for the ini11 tial year from the outside supportive services 

12 amount for that determination year; 

13 ‘‘(III) make— 

14 ‘‘(aa) a positive determination that 

15 the increase is greater than or equal to the 

16 subtitle B supportive services amount for 

17 the initial year; or 

18 ‘‘(bb) a negative determination that 

19 that increase is less than that amount; and 

20 ‘‘(IV) submit a report regarding that de21 termination year, and containing the positive or 

22 negative determination, to the Secretary. 

23 ‘‘(iii) On receipt of such a report regarding a 

24 determination year that contains a positive deter25 mination, the Secretary may publish a notice in the 
61 

•S 1801 IS

1 Federal Register, containing a proposed order that 

2 subparagraph (B) shall apply for subsequent fiscal 

3 years, and seeking public comment for a period of 

4 not less than 60 days. At the end of the comment 

5 period, the Secretary may issue a final order that 

6 subparagraph (B) shall apply for subsequent fiscal 

7 years. If the Secretary issues that final order, the 

8 determination year shall be considered to be the 

9 final determination year for purposes of this sub10 paragraph. 

11 ‘‘(iv) If the Secretary does not issue a final 

12 order under clause (iii), subparagraph (A) shall 

13 apply for the fiscal year following the determination 

14 year. 

15 ‘‘(7)(A) In the case of a collaborative applicant 

16 that is a legal entity, payment of administrative 

17 costs related to planning, administering grand 

18 awards for, monitoring, and evaluating projects, and 

19 ensuring compliance with homeless management in20 formation system requirements described in section 

21 402(j)(2), for which the collaborative applicant may 

22 use not more than 6 percent of the total funds made 

23 available through the grant. A project sponsor re24 ceiving funds from the collaborative applicant may 

25 use not more than an additional 5 percent of the 
62 

•S 1801 IS

1 total funds made available through the grant for 

2 such administrative costs. 

3 ‘‘(B) For purposes of this paragraph, moni4 toring and evaluating shall include— 

5 ‘‘(i) measuring the outcomes of the home6 less assistance planning process of a collabo7 rative applicant for preventing and ending 

8 homelessness; 

9 ‘‘(ii) the effective and timely implementa10 tion of specific projects funded under this sub11 title, relative to projected outcomes; and 

12 ‘‘(iii) in the case of a housing project fund13 ed under this subtitle, compliance with appro14 priate standards of housing quality and habit15 ability as determined by the Secretary. 

16 ‘‘(8) Prevention activities (for which a collabo17 rative applicant may use not more than 5 percent of 

18 the funds made available through the grant), includ19 ing— 

20 ‘‘(A) providing financial assistance to indi21 viduals or families who have received eviction 

22 notices, foreclosure notices, or notices of termi23 nation of utility services if, in the case of such 

24 an individual or family— 
63 

•S 1801 IS

1 ‘‘(i) the inability of the individual or 

2 family to make the required payments is 

3 due to a sudden reduction in income; 

4 ‘‘(ii) the assistance is necessary to 

5 avoid the eviction, foreclosure, or termi6 nation of services; and 

7 ‘‘(iii) there is a reasonable prospect 

8 that the individual or family will be able to 

9 resume the payments within a reasonable 

10 period of time; 

11 ‘‘(B) carrying out relocation activities (in12 cluding providing security or utility deposits, 

13 rental assistance for a final month at a loca14 tion, assistance with moving costs, or rental as15 sistance for not more than 3 months) for mov16 ing into transitional or permanent housing, in17 dividuals, and families that include such indi18 viduals— 

19 ‘‘(i) who lack housing; 

20 ‘‘(ii) who are being discharged from a 

21 publicly funded acute care or long-term 

22 care facility, program, or system of care, 

23 or whose services (from such a facility, 

24 program, or system of care) are being ter25 minated; and 
64 

•S 1801 IS

1 ‘‘(iii) who have plans, developed col2 laboratively by the public entities involved 

3 and the individuals and families, for secur4 ing or maintaining housing after any fund5 ing provided under this subtitle is utilized; 

6 and 

7 ‘‘(C) providing family support services that 

8 promote reunification of— 

9 ‘‘(i) youth experiencing homelessness, 

10 with their families; and 

11 ‘‘(ii) children or youth involved with 

12 the child welfare or juvenile justice sys13 tems, with their parents or guardians. 

14 ‘‘(b) ELIGIBILITY FOR FUNDS FOR PREVENTION AC15 TIVITIES.—To be eligible to receive grant funds under sec16 tion 422 to carry out the prevention activities described 

17 in subsection (a)(8), an applicant shall submit an applica18 tion to the Secretary under section 422 that shall include 

19 a certification in which— 

20 ‘‘(1) the relevant public entities in the geo21 graphic area involved certify compliance with sub22 section (c); and 

23 ‘‘(2) the publicly funded institutions, facilities, 

24 and systems of care in the geographic area certify 

25 that the institutions, facilities, and systems of care 
65 

•S 1801 IS

1 will take, and fund directly, all reasonable measures 

2 to ensure that the institutions, facilities, and sys3 tems of care do not discharge individuals into home4 lessness. 

5 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds appro6 priated under section 407 and made available for preven7 tion activities described in subsection (a)(8) shall be used 

8 to supplement and not supplant other Federal, State, and 

9 local public funds used for homelessness prevention. 

10 ‘‘(d) USE RESTRICTIONS.— 

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

12 CONSTRUCTION.—A project that consists of activities 

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

14 shall be operated for the purpose specified in the ap15 plication submitted for the project under section 422 

16 for not less than 15 years. 

17 ‘‘(2) OTHER ACTIVITIES.—A project that con18 sists of activities described in any of paragraphs (3) 

19 through (8) of subsection (a) shall be operated for 

20 the purpose specified in the application submitted 

21 for the project under section 422 for the duration of 

22 the grant period involved. 

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

24 sponsor carrying out a project that provides transi25 tional or permanent housing submits a request to 
66 

•S 1801 IS

1 the collaborative applicant involved to carry out in2 stead a project for the direct benefit of low-income 

3 persons, and the collaborative applicant determines 

4 that the initial project is no longer needed to provide 

5 transitional or permanent housing, the collaborative 

6 applicant may recommend that the Secretary ap7 prove the project described in the request and au8 thorize the recipient or project sponsor to carry out 

9 that project. If the collaborative applicant is the re10 cipient or project sponsor, it shall submit such a re11 quest directly to the Secretary who shall determine 

12 if the conversion of the project is appropriate. 

13 ‘‘(e) INCENTIVES TO CREATE NEW PERMANENT

14 HOUSING STOCK.— 

15 ‘‘(1) AWARDS.— 

16 ‘‘(A) IN GENERAL.—In making grants to 

17 collaborative applicants under section 422, the 

18 Secretary shall make awards that provide the 

19 incentives described in paragraph (2) to pro20 mote the creation of new permanent housing 

21 units through the construction, or acquisition 

22 and rehabilitation, of permanent housing units, 

23 that are owned by a project sponsor or other 

24 independent entity who entered into a contract 

25 with a recipient or project sponsor, for— 
67 

•S 1801 IS

1 ‘‘(i) chronically homeless individuals 

2 and chronically homeless families; and 

3 ‘‘(ii) nondisabled homeless families. 

4 ‘‘(B) LIMITATION.—In awarding funds 

5 under this subsection, the Secretary shall not 

6 award more than 10 percent of the funds for 

7 project sponsors or independent entities that 

8 propose to serve nondisabled homeless families. 

9 ‘‘(2) ASSISTANCE.— 

10 ‘‘(A) INDIVIDUALS WITH DISABILITIES.—A 

11 collaborative applicant that receives assistance 

12 under section 422 to implement a project that 

13 involves the construction, or acquisition and re14 habilitation, of new permanent housing units 

15 described in paragraph (1), for individuals and 

16 families described in paragraph (1)(A)(i), shall 

17 also receive, as part of the grant, incentives 

18 consisting of— 

19 ‘‘(i) funds sufficient to provide not 

20 more than 10 years of rental assistance, 

21 renewable in accordance with section 428; 

22 ‘‘(ii) a bonus in an amount to be de23 termined by the Secretary to carry out ac24 tivities described in this section; and 
68 

•S 1801 IS

1 ‘‘(iii) the technical assistance needed 

2 to ensure the financial viability and pro3 grammatic effectiveness of the project. 

4 ‘‘(B) NONDISABLED HOMELESS FAMI5 LIES.—A collaborative applicant that receives 

6 assistance under section 422 to implement a 

7 project that involves the construction, or acqui8 sition and rehabilitation, of new permanent 

9 housing units described in paragraph (1), for 

10 nondisabled homeless families, shall also receive 

11 incentives consisting of— 

12 ‘‘(i) a bonus in an amount to be de13 termined by the Secretary to carry out ac14 tivities described in this section; and 

15 ‘‘(ii) the technical assistance needed 

16 to ensure the financial viability and pro17 grammatic effectiveness of the project. 

18 ‘‘(3) ELIGIBLE APPLICANTS.—To be eligible to 

19 receive a grant under this subtitle to carry out ac20 tivities to create new permanent housing stock for 

21 individuals and families described in paragraph (1), 

22 an applicant shall be a collaborative applicant as de23 scribed in this subtitle, a private nonprofit or for 

24 profit organization, a public-private partnership, a 
69 

•S 1801 IS

1 public housing agency, or an instrumentality of a 

2 State or local government. 

3 ‘‘(4) LOCATION.—To the extent practicable, a 

4 collaborative applicant that receives a grant under 

5 this subtitle to create new permanent housing stock 

6 shall ensure that the housing is located in a mixed7 income environment. 

8 ‘‘(5) DEFINITION.—In this subsection, the term 

9 ‘nondisabled homeless family’ means a homeless 

10 family that does not have an adult head of house11 hold with a disabling condition, as defined in section 

12 401(1)(B). 

13 ‘‘(f) REPAYMENT OF ASSISTANCE AND PREVENTION

14 OF UNDUE BENEFITS.— 

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

16 sponsor receiving funds from the recipient) receives 

17 assistance under section 422 to carry out a project 

18 that consists of activities described in paragraph (1) 

19 or (2) of subsection (a) and the project ceases to 

20 provide transitional or permanent housing— 

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

22 of the project begins, the Secretary shall re23 quire the recipient (or the project sponsor re24 ceiving funds from the recipient) to repay 100 

25 percent of the assistance; or 
70 

•S 1801 IS

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

2 than 15 years, after operation of the project be3 gins, the Secretary shall require the recipient 

4 (or the project sponsor receiving funds from the 

5 recipient) to repay 20 percent of the assistance 

6 for each of the years in the 15-year period for 

7 which the project fails to provide that housing. 

8 ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex9 cept as provided in paragraph (3), if any property 

10 is used for a project that receives assistance under 

11 subsection (a) and consists of activities described in 

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

13 or other disposition of the property occurs before the 

14 expiration of the 15-year period beginning on the 

15 date that operation of the project begins, the recipi16 ent (or the project sponsor receiving funds from the 

17 recipient) who received the assistance shall comply 

18 with such terms and conditions as the Secretary may 

19 prescribe to prevent the recipient (or a project spon20 sor receiving funds from the recipient) from unduly 

21 benefitting from such sale or disposition. 

22 ‘‘(3) EXCEPTION.—A recipient (or a project 

23 sponsor receiving funds from the recipient) shall not 

24 be required to make the repayments, and comply 
71 

•S 1801 IS

1 with the terms and conditions, required under para2 graph (1) or (2) if— 

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

4 used for the project results in the use of the 

5 property for the direct benefit of very low-in6 come persons; or 

7 ‘‘(B) all of the proceeds of the sale or dis8 position are used to provide transitional or per9 manent housing meeting the requirements of 

10 this subtitle.’’; 

11 (3) in section 425 (42 U.S.C. 11385), by strik12 ing subsection (c) and inserting the following: 

13 ‘‘(c) SERVICES.—Subject to section 423(a)(6), sup14 portive services may include such services as— 

15 ‘‘(1) establishing and operating a child care 

16 services program for families experiencing homeless17 ness; 

18 ‘‘(2) establishing and operating an employment 

19 assistance program, including providing job training; 

20 ‘‘(3) providing outpatient health services, food, 

21 and case management; 

22 ‘‘(4) providing assistance in obtaining perma23 nent housing, employment counseling, and nutri24 tional counseling; 
72 

•S 1801 IS

1 ‘‘(5) providing outreach services, life skills 

2 training, and housing search and counseling services; 

3 ‘‘(6) providing assistance in obtaining other 

4 Federal, State, and local assistance available for 

5 residents of supportive housing (including mental 

6 health benefits, employment counseling, and medical 

7 assistance, but not including major medical equip8 ment); 

9 ‘‘(7) providing legal services for purposes in10 cluding requesting reconsiderations and appeals of 

11 veterans and public benefit claim denials and resolv12 ing outstanding warrants that interfere with an indi13 vidual’s ability to obtain and retain housing; 

14 ‘‘(8) providing— 

15 ‘‘(A) transportation services that facilitate 

16 an individual’s ability to obtain and maintain 

17 employment; 

18 ‘‘(B) income assistance; 

19 ‘‘(C) health care; and 

20 ‘‘(D) other supportive services necessary to 

21 obtain and maintain housing; and 

22 ‘‘(9) providing other services determined by the 

23 Secretary (either at the Secretary’s initiative or on 

24 the basis of adequate justification by an applicant) 
73 

•S 1801 IS

1 to be directly relevant to allowing persons experi2 encing homelessness to access and retain housing.’’; 

3 (4) in section 426 (42 U.S.C. 11386)— 

4 (A) in subsection (a)— 

5 (i) in paragraph (1), by striking ‘‘Ap6 plications’’ and all that follows through 

7 ‘‘shall’’ and inserting ‘‘Applications for as8 sistance under section 422 shall’’; 

9 (ii) in paragraph (2)— 

10 (I) by striking subparagraph (B) 

11 and inserting the following: 

12 ‘‘(B) a description of the size and charac13 teristics of the population that would occupy 

14 housing units or receive supportive services as15 sisted under this subtitle;’’; and 

16 (II) in subparagraph (E), by 

17 striking ‘‘in the case of projects as18 sisted under this title that do not re19 ceive assistance under such sections,’’; 

20 and 

21 (iii) in paragraph (3), in the last sen22 tence, by striking ‘‘recipient’’ and inserting 

23 ‘‘recipient (or a project sponsor receiving 

24 funds from the recipient)’’; 
74 

•S 1801 IS

1 (B) by striking subsections (b) and (c) and 

2 inserting: 

3 ‘‘(b) SELECTION CRITERIA.—The Secretary shall 

4 award funds to collaborative applicants, and other eligible 

5 applicants that have been approved by the Secretary, by 

6 a national competition based on criteria established by the 

7 Secretary, which shall include— 

8 ‘‘(1) the capacity of the applicant based on the 

9 past performance and management of the applicant; 

10 ‘‘(2) if applicable, previous performance regard11 ing homelessness prevention, housing, and services 

12 programs funded in any fiscal year prior to the date 

13 of submission of the application; 

14 ‘‘(3) the plan by which— 

15 ‘‘(A) access to appropriate permanent 

16 housing will be secured if the proposed project 

17 does not include permanent housing; and 

18 ‘‘(B) access to outcome-effective supportive 

19 services will be secured for residents or con20 sumers involved in the project who are willing 

21 to use the services; 

22 ‘‘(4) if applicable, the extent to which an eval23 uation for the project will— 

24 ‘‘(A) use periodically collected information 

25 and analysis to determine whether the project 
75 

•S 1801 IS

1 has resulted in enhanced stability and well2 being of the residents or consumers served by 

3 the project; 

4 ‘‘(B) include evaluations obtained directly 

5 from the individuals or families served by the 

6 project; and 

7 ‘‘(C) be submitted by the project sponsors 

8 for the grant, to the collaborative applicant, for 

9 review and use in assessments, conducted by 

10 the collaborative applicant, consistent with the 

11 duty of the collaborative applicant to ensure ef12 fective outcomes that contribute to the goal of 

13 preventing and ending homelessness in the geo14 graphic area served by the collaborative appli15 cant; 

16 ‘‘(5) the need for the type of project proposed 

17 in the geographic area to be served and the extent 

18 to which prioritized programs meet unmet needs; 

19 ‘‘(6) the extent to which the amount of assist20 ance to be provided under this subtitle will be sup21 plemented with resources from other public and pri22 vate sources, including mainstream programs identi23 fied by the Government Accountability Office in the 

24 2 reports described in section 102(a)(5)(B); 
76 

•S 1801 IS

1 ‘‘(7) demonstrated coordination with the other 

2 Federal, State, local, private, and other entities serv3 ing individuals experiencing homelessness in the 

4 planning and operation of projects, to the extent 

5 practicable; 

6 ‘‘(8) the extent to which the membership of the 

7 collaborative applicant involved represents the com8 position described in section 402(b) and the extent 

9 of membership involvement in the application proc10 ess; and 

11 ‘‘(9) such other factors as the Secretary deter12 mines to be appropriate to carry out this subtitle in 

13 an effective and efficient manner. 

14 ‘‘(c) REQUIRED AGREEMENTS.—The Secretary may 

15 not provide assistance for a proposed project under this 

16 subtitle unless the collaborative applicant involved 

17 agrees— 

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

19 accordance with the provisions of this subtitle; 

20 ‘‘(2) to conduct an ongoing assessment of ac21 cess to mainstream programs referred to in sub22 section (b)(4); 

23 ‘‘(3) to monitor and report to the Secretary the 

24 progress of the project; 
77 

•S 1801 IS

1 ‘‘(4) to develop and implement procedures to 

2 ensure— 

3 ‘‘(A) the confidentiality of records per4 taining to any individual provided family vio5 lence prevention or treatment services through 

6 the project; and 

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

8 family violence shelter project assisted under 

9 this subtitle will not be made public, except 

10 with written authorization of the person respon11 sible for the operation of such project; 

12 ‘‘(5) to ensure, to the maximum extent prac13 ticable, that individuals and families experiencing 

14 homelessness are involved, through employment, pro15 vision of volunteer services, or otherwise, in con16 structing, rehabilitating, maintaining, and operating 

17 facilities for the project and in providing supportive 

18 services for the project; 

19 ‘‘(6) if a collaborative applicant receives funds 

20 under subtitle C to carry out the payment of admin21 istrative costs described in section 423(a)(7), to es22 tablish such fiscal control and fund accounting pro23 cedures as may be necessary to assure the proper 

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

25 to ensure that all financial transactions carried out 
78 

•S 1801 IS

1 with such funds are conducted, and records main2 tained, in accordance with generally accepted ac3 counting principles; and 

4 ‘‘(7) to comply with such other terms and con5 ditions as the Secretary may establish to carry out 

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

7 (C) in subsection (d), in the first sentence, 

8 by striking ‘‘recipient’’ and inserting ‘‘recipient 

9 or project sponsor’’; 

10 (D) by striking subsection (e); 

11 (E) by redesignating subsections (f), (g), 

12 and (h), as subsections (e), (f), and (g), respec13 tively; 

14 (F) in subsection (f) (as redesignated in 

15 subparagraph (E)), in the first sentence, by 

16 striking ‘‘recipient’’ each place it appears and 

17 inserting ‘‘recipient or project sponsor’’; 

18 (G) by striking subsection (i); and 

19 (H) by redesignating subsection (j) as sub20 section (h); 

21 (5)(A) by repealing section 429 (42 U.S.C. 

22 11389); and 

23 (B) by redesignating sections 427 and 428 (42 

24 U.S.C. 11387, 11388) as sections 431 and 432, re25 spectively; and 
79 

•S 1801 IS

1 (6) by inserting after section 426 the following: 

2 ‘‘SEC. 427. ALLOCATION AMOUNTS AND INCENTIVES FOR 

3 SPECIFIC ELIGIBLE ACTIVITIES. 

4 ‘‘(a) PURPOSE.—The Secretary shall promote— 

5 ‘‘(1) permanent housing development activities 

6 for— 

7 ‘‘(A) homeless individuals with disabilities 

8 and homeless families that include such an indi9 vidual; and 

10 ‘‘(B) nondisabled homeless families; and 

11 ‘‘(2) prevention activities described in section 

12 423(a)(8). 

13 ‘‘(b) DEFINITION.—In this section, the term ‘non14 disabled homeless family’ means a homeless family that 

15 does not include a homeless individual with a disability. 

16 ‘‘(c) ANNUAL PORTION OF APPROPRIATED AMOUNT

17 AVAILABLE.— 

18 ‘‘(1) DISABLED HOMELESS INDIVIDUALS AND

19 FAMILIES.— 

20 ‘‘(A) IN GENERAL.—From the amount 

21 made available to carry out this subtitle for a 

22 fiscal year, a portion equal to not less than 30 

23 percent of the sums made available to carry out 

24 subtitle B and this subtitle for that fiscal year 

25 shall be used for activities to develop new per-
80 

•S 1801 IS

1 manent housing, in order to help create afford2 able permanent housing for homeless individ3 uals with disabilities and homeless families that 

4 include such an individual who is an adult. 

5 ‘‘(B) CALCULATION.—In calculating the 

6 portion of the amount described in subpara7 graph (A) that is used for activities described in 

8 subparagraph (A), the Secretary shall not count 

9 funds made available to renew contracts for ex10 isting projects (in existence as of the date of 

11 the renewal) under section 428. 

12 ‘‘(2) PREVENTION ACTIVITIES.—From the 

13 amount made available to carry out this subtitle for 

14 a fiscal year, a portion equal to not more than 5 

15 percent of the sums described in paragraph (1) shall 

16 be used for prevention activities described in section 

17 423(a)(8). 

18 ‘‘(d) FUNDING FOR ACQUISITION, CONSTRUCTION, 

19 AND REHABILITATION OF PERMANENT OR TRANSITIONAL

20 HOUSING.—Nothing in this Act shall be construed to es21 tablish a limit on the amount of funding that an applicant 

22 may request under this subtitle for acquisition, construc23 tion, or rehabilitation activities for the development of per24 manent housing or transitional housing. 
81 

•S 1801 IS

1 ‘‘SEC. 428. RENEWAL FUNDING AND TERMS OF ASSISTANCE 

2 FOR PERMANENT HOUSING. 

3 ‘‘(a) IN GENERAL.—Of the total amount available for 

4 use in connection with this subtitle, such sums as may 

5 be necessary shall be designated for the purpose of renew6 ing expiring contracts for permanent housing, within the 

7 account referred to as the ‘Homeless Assistance Grants 

8 Account’ on the date of enactment of the Community 

9 Partnership to End Homelessness Act of 2005. 

10 ‘‘(b) RENEWALS.—Such sums shall be available for 

11 the renewal of contracts for a 1-year term for rental as12 sistance and housing operation costs associated with per13 manent housing projects funded under this subtitle, or 

14 under subtitle C or F (as in effect on the day before the 

15 date of enactment of the Community Partnership to End 

16 Homelessness Act of 2005). The Secretary shall determine 

17 whether to renew a contract for such a permanent housing 

18 project on the basis of demonstrated need for the project 

19 and the compliance of the entity carrying out the project 

20 with appropriate standards of housing quality and habit21 ability as determined by the Secretary. 

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

23 be construed as prohibiting the Secretary from renewing 

24 contracts under this subtitle in accordance with criteria 

25 set forth in a provision of this subtitle other than this sec26 tion. 
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1 ‘‘SEC. 429. MATCHING FUNDING. 

2 ‘‘(a) IN GENERAL.—A recipient of a grant (including 

3 a renewed grant) under this subtitle shall make available 

4 contributions, in cash, in an amount equal to not less than 

5 25 percent of the Federal funds provided under the grant. 

6 ‘‘(b) APPLICATION.—Subsection (a) shall not apply 

7 in the case of a grant for activities consisting of the pay8 ment of operating costs associated with permanent hous9 ing renewal grants described in section 428 that fund the 

10 operation of permanent housing— 

11 ‘‘(1) for individuals or families whose incomes 

12 are 50 percent or less of the median income for an 

13 individual or family, respectively, in the geographic 

14 area involved; and 

15 ‘‘(2) that receives no Federal or State funds 

16 from a source other than this subtitle. 

17 ‘‘SEC. 430. APPEAL PROCEDURE. 

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

19 this subtitle, if certification of consistency with the Con20 solidated Plan pursuant to section 403 is withheld from 

21 an applicant who has submitted an application for that 

22 certification, such applicant may appeal such decision to 

23 the Secretary. 

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

25 procedure to process the appeals described in subsection 

26 (a). 
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1 ‘‘(c) DETERMINATION.—Not later than 45 days after 

2 the date of receipt of an appeal described in subsection 

3 (a), the Secretary shall determine if certification was un4 reasonably withheld. If such certification was unreason5 ably withheld, the Secretary shall review such application 

6 and determine if such applicant shall receive funding 

7 under this subtitle.’’. 

8 SEC. 7. REPEALS AND CONFORMING AMENDMENTS. 

9 (a) REPEALS.—Subtitles D, E, F, and G of title IV 

10 of the McKinney-Vento Homeless Assistance Act (42 

11 U.S.C. 11391 et seq., 11401 et seq., 11403 et seq., and 

12 11408 et seq.) are repealed. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) UNITED STATES INTERAGENCY COUNCIL ON

15 HOMELESSNESS.—Section 2066(b)(3)(F) of title 38, 

16 United States Code and section 506(a) of the Public 

17 Health Service Act (42 U.S.C. 290aa–5(a)) are 

18 amended by striking ‘‘Interagency Council on the 

19 Homeless’’ and inserting ‘‘United States Interagency 

20 Council on Homelessness’’. 

21 (2) CONSOLIDATED PLAN.—Section 403(1) of 

22 the McKinney-Vento Homeless Assistance Act, as re23 designated in section 4(2), is amended— 
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1 (A) by striking ‘‘current housing afford2 ability strategy’’ and inserting ‘‘Consolidated 

3 Plan’’; and 

4 (B) by inserting before the comma the fol5 lowing: ‘‘(referred to in that section as a ‘com6 prehensive housing affordability strategy’)’’. 

7 (3) PERSONS EXPERIENCING HOMELESS8 NESS.—Section 103 of the McKinney-Vento Home9 less Assistance Act (42 U.S.C. 11302) is amended 

10 by adding at the end the following: 

11 ‘‘(d) PERSONS EXPERIENCING HOMELESSNESS.— 

12 References in this Act to homeless individuals (including 

13 homeless persons) or homeless groups (including the 

14 homeless) shall be considered to include, and to refer to, 

15 individuals experiencing homelessness or groups experi16 encing homelessness, respectively.’’. 

17 SEC. 8. EFFECTIVE DATE. 

18 This Act shall take effect 6 months after the date 

19 of enactment of this Act. 

Æ