II 

110TH CONGRESS 

1ST SESSION S. 1518 

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

Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. REED (for himself, Mr. ALLARD, Ms. MIKULSKI, Mr. BOND, Mr. DURBIN, 

Ms. COLLINS, Mr. SCHUMER, Mr. AKAKA, Mrs. CLINTON, Mr. 

WHITEHOUSE, Mr. LEVIN, Mr. BROWN, and Mrs. BOXER) 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; TABLE OF CONTENTS. 

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

5 ‘‘Community Partnership to End Homelessness Act of 

6 2007’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 


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Sec. 3. United States Interagency Council on Homelessness. 

Sec. 4. Housing assistance general provisions. 

Sec. 5. Emergency homelessness prevention and shelter grants program. 

Sec. 6. Homeless assistance program. 

Sec. 7. Rural housing stability assistance. 

Sec. 8. Funds to prevent homelessness and stabilize housing for precariously 

housed individuals and families. 

Sec. 9. Repeals and conforming amendments. 

Sec. 10. Effective date. 

1 SEC. 2. FINDINGS AND PURPOSE. 

2 Section 102 of the McKinney-Vento Homeless Assist3 ance Act (42 U.S.C. 11301) is amended to read as follows: 

4 ‘‘SEC. 102. FINDINGS AND PURPOSE. 

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

6 ‘‘(1) the United States faces a crisis of individ7 uals and families who lack basic affordable housing 

8 and appropriate shelter; 

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

10 an important factor in the success of efforts by 

11 State and local governments and the private sector 

12 to address the problem of homelessness in a com13 prehensive manner; 

14 ‘‘(3) there are several Federal Government pro15 grams to assist persons experiencing homelessness, 

16 including programs for individuals with disabilities, 

17 veterans, children, and youth; 

18 ‘‘(4) homeless assistance programs must be 

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1 lies to permanent housing and stability, and opti2 mizing their self-sufficiency; 

3 ‘‘(5) States and units of general local govern4 ment receiving Federal block grant and other Fed5 eral grant funds must be evaluated on the basis of 

6 their effectiveness in— 

7 ‘‘(A) implementing plans to appropriately 

8 discharge individuals to and from mainstream 

9 service systems; and 

10 ‘‘(B) reducing barriers to participation in 

11 mainstream programs, as identified in— 

12 ‘‘(i) a report by the Government Ac13 countability Office entitled ‘Homelessness: 

14 Coordination and Evaluation of Programs 

15 Are Essential’, issued February 26, 1999; 

16 or 

17 ‘‘(ii) a report by the Government Ac18 countability Office entitled ‘Homelessness: 

19 Barriers to Using Mainstream Programs’, 

20 issued July 6, 2000; 

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

22 should provide a comprehensive housing system (in23 cluding permanent housing and, as needed, transi24 tional housing) that recognizes that, while some indi25 viduals and families experiencing homelessness atVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 tain economic viability and independence utilizing 

2 transitional housing and then permanent housing, 

3 others can reenter society directly and optimize self4 sufficiency through acquiring permanent housing; 

5 ‘‘(7) supportive housing activities include the 

6 provision of permanent housing or transitional hous7 ing, and appropriate supportive services, in an envi8 ronment that can meet the short-term or long-term 

9 needs of persons experiencing homelessness as they 

10 reintegrate into mainstream society; 

11 ‘‘(8) homeless housing and supportive services 

12 programs within a community are most effective 

13 when they are developed and operated as part of an 

14 inclusive, collaborative, locally driven homeless plan15 ning process that involves as decision makers per16 sons experiencing homelessness, advocates for per17 sons experiencing homelessness, service organiza18 tions, government officials, business persons, neigh19 borhood advocates, and other community members; 

20 ‘‘(9) homelessness should be treated as a symp21 tom of many neighborhood, community, and system 

22 problems, whose remedies require a comprehensive 

23 approach integrating all available resources; 

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

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1 cessfully operated outcome-effective homeless pro2 grams; 

3 ‘‘(11) Federal homeless assistance should sup4 plement other public and private funding provided 

5 by communities for housing and supportive services 

6 for low-income households; 

7 ‘‘(12) the Federal Government has a responsi8 bility to establish partnerships with State and local 

9 governments and private sector entities to address 

10 comprehensively the problems of homelessness; and 

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

12 for persons experiencing homelessness have been 

13 positive. 

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

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

16 process for allocating and administering funds under 

17 title IV; 

18 ‘‘(2) to encourage comprehensive, collaborative 

19 local planning of housing and services programs for 

20 persons experiencing homelessness; 

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

22 public and private sectors on ending and preventing 

23 homelessness; 

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1 lessness, and to prevent homelessness for those vul2 nerable to homelessness; 

3 ‘‘(5) to consolidate the separate homeless assist4 ance programs carried out under title IV (consisting 

5 of the supportive housing program and related inno6 vative programs, the safe havens program, the sec7 tion 8 assistance program for single-room occupancy 

8 dwellings, and the shelter plus care program) into a 

9 single program with specific eligible activities; 

10 ‘‘(6) to allow flexibility and creativity in re11 thinking solutions to homelessness, including alter12 native housing strategies, outcome-effective service 

13 delivery, and the involvement of persons experiencing 

14 homelessness in decision-making regarding opportu15 nities for their long-term stability, growth, well16 being, and optimum self-sufficiency; and 

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

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

19 human services, employment, and education assist20 ance, as appropriate for the missions of the agencies, 

21 to persons experiencing homelessness, through the 

22 funding provided for implementation of programs 

23 carried out under this Act and other programs tar24 geted for persons experiencing homelessness, and 

25 mainstream funding, and to promote coordination 


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1 among those Federal agencies, including providing 

2 funding for a United States Interagency Council on 

3 Homelessness to advance such coordination.’’. 

4 SEC. 3. UNITED STATES INTERAGENCY COUNCIL ON HOME5 LESSNESS. 

6 Title II of the McKinney-Vento Homeless Assistance 

7 Act (42 U.S.C. 11311 et seq.) is amended— 

8 (1) in section 201 (42 U.S.C. 11311), by strik9 ing the period at the end and inserting the following: 

10 ‘‘whose mission shall be to develop and coordinate 

11 the implementation of a national strategy to prevent 

12 and end homelessness while maximizing the effec13 tiveness of the Federal Government in contributing 

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

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

16 (A) in subsection (a)— 

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

18 ‘‘(19)’’; and 

19 (ii) by inserting after paragraph (15) 

20 the following: 

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

22 the designee of the Commissioner. 

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

24 States, or the designee of the Attorney General. 


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1 ‘‘(18) The Director of the Office of Manage2 ment and Budget, or the designee of the Director.’’; 

3 (B) in subsection (c), by striking ‘‘annu4 ally’’ and inserting ‘‘2 times each year’’; and 

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

6 ‘‘(e) ADMINISTRATION.—The Assistant to the Presi7 dent for Domestic Policy within the Executive Office of 

8 the President shall oversee the functioning of the United 

9 States Interagency Council on Homelessness to ensure 

10 Federal interagency collaboration and program coordina11 tion to focus on preventing and ending homelessness, to 

12 increase access to mainstream programs (as identified in 

13 a report by the Government Accountability Office entitled 

14 ‘Homelessness: Barriers to Using Mainstream Programs’, 

15 issued July 6, 2000) by persons experiencing homeless16 ness, to eliminate the barriers to participation in those 

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

18 homelessness, and to identify Federal resources that can 

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

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

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

22 (3), (4), (5), (6), and (7) as paragraphs (2), 

23 (3), (4), (5), (8), (9), and (10), respectively; 


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

2 redesignated by subparagraph (A), the fol3 lowing: 

4 ‘‘(1) not later than 1 year after the date of en5 actment of the Community Partnership to End 

6 Homelessness Act of 2007, develop and submit to 

7 the President and to Congress a National Strategic 

8 Plan to End Homelessness;’’; 

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

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

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

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

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

14 redesignated by subparagraph (A), the fol15 lowing: 

16 ‘‘(6) encourage the creation of State Inter17 agency Councils on Homelessness and the formula18 tion of multi-year plans to end homelessness at 

19 State, city, and county levels; 

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

21 persons experiencing homelessness to all Federal, 

22 State, and local programs for which the persons are 

23 eligible, and to verify collaboration among entities 

24 within a community that receive Federal funding 

25 under programs targeted for persons experiencing 


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1 homelessness, and other programs for which persons 

2 experiencing homelessness are eligible, including 

3 mainstream programs identified by the Government 

4 Accountability Office in the 2 reports described in 

5 section 102(a)(5)(B);’’; and 

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

7 and inserting the following: 

8 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

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

10 this title $3,000,000 for fiscal year 2008 and such sums 

11 as may be necessary for fiscal years 2009, 2010, 2011, 

12 and 2012.’’. 

13 SEC. 4. HOUSING ASSISTANCE GENERAL PROVISIONS. 

14 Subtitle A of title IV of the McKinney-Vento Home15 less Assistance Act (42 U.S.C. 11361 et seq.) is amend16 ed— 

17 (1) by striking the subtitle heading and insert18 ing the following: 

19 ‘‘Subtitle A—General Provisions’’; 

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

21 11361) as section 403; 

22 (3) by redesignating section 402 (42 U.S.C. 

23 11362) as section 406; 

24 (4) by inserting before section 403 (as redesig25 nated in paragraph (2)) the following: 


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1 ‘‘SEC. 401. DEFINITIONS. 

2 ‘‘In this title, the following definitions shall apply: 

3 ‘‘(1) CHRONICALLY HOMELESS.— 

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

5 homeless’, used with respect to an individual or 

6 family, means an individual or family who— 

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

8 a place not meant for human habitation or 

9 in an emergency shelter; 

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

11 residing in a place not meant for human 

12 habitation or in an emergency shelter con13 tinuously for at least 1 year or on at least 

14 4 separate occasions in the last 3 years; 

15 and 

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

17 with a diagnosable substance use disorder, 

18 serious mental illness, developmental dis19 ability (as defined in section 102 of the 

20 Developmental Disabilities Assistance and 

21 Bill of Rights Act of 2000 (42 U.S.C. 

22 15002)), or chronic physical illness or dis23 ability, including the co-occurrence of 2 or 

24 more of those conditions. 

25 ‘‘(2) COLLABORATIVE APPLICANT.—The term 

26 ‘collaborative applicant’ means an entity that— 


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1 ‘‘(A) carries out the duties specified in sec2 tion 402; 

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

4 sponsors who jointly submit a single application 

5 for a grant under subtitle C in accordance with 

6 a collaborative process; and 

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

8 awarded such grant, receives such grant di9 rectly from the Secretary. 

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

11 ‘collaborative application’ means an application for a 

12 grant under subtitle C that— 

13 ‘‘(A) satisfies section 422; and 

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

15 collaborative applicant. 

16 ‘‘(4) CONSOLIDATED PLAN.—The term ‘Con17 solidated Plan’ means a comprehensive housing af18 fordability strategy and community development 

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

20 Regulations. 

21 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en22 tity’ means, with respect to a subtitle, a public enti23 ty, a private entity, or an entity that is a combina24 tion of public and private entities, that is eligible to 

25 receive directly grant amounts under that subtitle. 


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1 ‘‘(6) GEOGRAPHIC AREA.—The term ‘geo2 graphic area’ means a State, metropolitan city, 

3 urban county, town, village, or other nonentitlement 

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

5 United States, as described in section 106 of the 

6 Housing and Community Development Act of 1974 

7 (42 U.S.C. 5306). 

8 ‘‘(7) HOMELESS INDIVIDUAL WITH A DIS9 ABILITY.— 

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

11 individual with a disability’ means an individual 

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

13 has a disability that— 

14 ‘‘(i)(I) is expected to be long-con15 tinuing or of indefinite duration; 

16 ‘‘(II) substantially impedes the indi17 vidual’s ability to live independently; 

18 ‘‘(III) could be improved by the provi19 sion of more suitable housing conditions; 

20 and 

21 ‘‘(IV) is a physical, mental, or emo22 tional impairment, including an impair23 ment caused by alcohol or drug abuse; 

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

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1 mental Disabilities Assistance and Bill of 

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

3 ‘‘(iii) is the disease of acquired im4 munodeficiency syndrome or any condition 

5 arising from the etiologic agency for ac6 quired immunodeficiency syndrome. 

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

8 subparagraph (A) shall be construed to limit 

9 eligibility under clause (i) or (ii) of subpara10 graph (A). 

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

12 means— 

13 ‘‘(A) an entity described in section 

14 501(c)(3) of the Internal Revenue Code of 1986 

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

16 that Code; 

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

18 government; or 

19 ‘‘(C) a consortium of instrumentalities of 

20 State or local governments that has constituted 

21 itself as an entity. 

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

23 NONENTITLEMENT AREA.—The terms ‘metropolitan 

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

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


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1 the Housing and Community Development Act of 

2 1974 (42 U.S.C. 5302(a)). 

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

4 to housing, means housing for which no assistance 

5 has been provided under this title. 

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

7 costs’ means expenses incurred by a project sponsor 

8 operating transitional housing or permanent housing 

9 under this title with respect to— 

10 ‘‘(A) the administration, maintenance, re11 pair, and security of such housing; 

12 ‘‘(B) utilities, fuel, furnishings, and equip13 ment for such housing; or 

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

15 ensure long-term housing stability. 

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

17 term ‘outpatient health services’ means outpatient 

18 health care services, mental health services, and out19 patient substance abuse treatment services. 

20 ‘‘(13) PERMANENT HOUSING.—The term ‘per21 manent housing’ means community-based housing 

22 without a designated length of stay, and includes 

23 permanent supportive housing for homeless individ24 uals with disabilities and homeless families that in25 clude such an individual who is an adult. 


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1 ‘‘(14) PRIVATE NONPROFIT ORGANIZATION.— 

2 The term ‘private nonprofit organization’ means an 

3 organization— 

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

5 inures to the benefit of any member, founder, 

6 contributor, or individual; 

7 ‘‘(B) that has a voluntary board; 

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

9 designated a fiscal agent in accordance with re10 quirements established by the Secretary; and 

11 ‘‘(D) that practices nondiscrimination in 

12 the provision of assistance. 

13 ‘‘(15) PROJECT.—The term ‘project’, used with 

14 respect to activities carried out under subtitle C, 

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

16 undertaken pursuant to a specific endeavor, such as 

17 serving a particular population or providing a par18 ticular resource. 

19 ‘‘(16) PROJECT-BASED.—The term ‘project20 based’, used with respect to rental assistance, means 

21 assistance provided pursuant to a contract that— 

22 ‘‘(A) is between— 

23 ‘‘(i) a project sponsor; and 


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1 ‘‘(ii) an owner of a structure that ex2 ists as of the date the contract is entered 

3 into; and 

4 ‘‘(B) provides that rental assistance pay5 ments shall be made to the owner and that the 

6 units in the structure shall be occupied by eligi7 ble persons for not less than the term of the 

8 contract. 

9 ‘‘(17) PROJECT SPONSOR.—The term ‘project 

10 sponsor’, used with respect to proposed eligible ac11 tivities, means the organization directly responsible 

12 for the proposed eligible activities. 

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

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

15 who— 

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

17 under section 422 that is approved by the Sec18 retary; 

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

20 Secretary to support approved projects de21 scribed in the application; and 

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

23 projects; or 

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

25 to carry out the projects. 


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1 ‘‘(19) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Housing and Urban Develop3 ment. 

4 ‘‘(20) SERIOUS MENTAL ILLNESS.—The term 

5 ‘serious mental illness’ means a severe and per6 sistent mental illness or emotional impairment that 

7 seriously limits a person’s ability to live independ8 ently. 

9 ‘‘(21) STATE.—Except as used in subtitle B, 

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

11 the District of Columbia, the Commonwealth of 

12 Puerto Rico, the United States Virgin Islands, 

13 Guam, American Samoa, the Commonwealth of the 

14 Northern Mariana Islands, the Trust Territory of 

15 the Pacific Islands, and any other territory or pos16 session of the United States. 

17 ‘‘(22) SUPPORTIVE SERVICES.—The term ‘sup18 portive services’ means the supportive services de19 scribed in section 425(c). 

20 ‘‘(23) TENANT-BASED.—The term ‘tenant21 based’, used with respect to rental assistance, means 

22 assistance that allows an eligible person to select a 

23 housing unit in which such person will live using 

24 rental assistance provided under subtitle C, except 

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1 portive services to a person participating in a pro2 gram is feasible, a recipient or project sponsor may 

3 require that the person live— 

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

5 not more than the first year of the participa6 tion; and 

7 ‘‘(B) within a particular geographic area 

8 for the full period of the participation, or the 

9 period remaining after the period referred to in 

10 subparagraph (A). 

11 ‘‘(24) TRANSITIONAL HOUSING.—The term 

12 ‘transitional housing’ means housing, the purpose of 

13 which is to facilitate the movement of individuals 

14 and families experiencing homelessness to permanent 

15 housing within 24 months or such longer period as 

16 the Secretary determines necessary. 

17 ‘‘(25) UNIFIED FUNDING AGENCY.—The term 

18 ‘unified funding agency’ means a collaborative appli19 cant that performs the duties described in section 

20 402(f). 

21 ‘‘SEC. 402. COLLABORATIVE APPLICANTS. 

22 ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A col23 laborative applicant shall be established for a geographic 

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


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

2 this subtitle; and 

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

4 (e) and, if applicable, subsection (f). 

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

6 An entity may be established to serve as a collaborative 

7 applicant under this section without being a legal entity. 

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

9 a collaborative applicant for a geographic area does not 

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

11 collaborative applicant for a geographic area, the Sec12 retary may take remedial action to ensure fair distribution 

13 of grant amounts under subtitle C to eligible entities with14 in that area. Such measures may include designating an15 other body as a collaborative applicant, or permitting 

16 other eligible entities to apply directly for grants. 

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

18 be construed to displace conflict of interest or government 

19 fair practices laws, or their equivalent, that govern appli20 cants for grant amounts under subtitles B and C. 

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

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

24 for evaluating the outcomes of projects for which 

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

3 ‘‘(A) to determine compliance with— 

4 ‘‘(i) the program requirements under 

5 section 425; and 

6 ‘‘(ii) the selection criteria described 

7 under section 427; and 

8 ‘‘(B) to establish priorities for funding 

9 projects in the geographic area involved; 

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

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

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

15 homeless management information system for pur16 poses of — 

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

19 ‘‘(B) analyzing patterns of use of assist20 ance provided under subtitles B and C for the 

21 geographic area involved; and 

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

24 funding priorities. 

25 ‘‘(f) UNIFIED FUNDING.— 


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

2 described in subsection (e), a collaborative applicant 

3 shall receive from the Secretary and distribute to 

4 other project sponsors in the applicable geographic 

5 area funds for projects to be carried out by such 

6 other project sponsors, if— 

7 ‘‘(A) the collaborative applicant— 

8 ‘‘(i) applies to undertake such collec9 tion and distribution responsibilities in an 

10 application submitted under this subtitle; 

11 and 

12 ‘‘(ii) is selected to perform such re13 sponsibilities by the Secretary; or 

14 ‘‘(B) the Secretary designates the collabo15 rative applicant as the unified funding agency 

16 in the geographic area, after— 

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

18 the applicant— 

19 ‘‘(I) has the capacity to perform 

20 such responsibilities; and 

21 ‘‘(II) would serve the purposes of 

22 this Act as they apply to the geo23 graphic area; and 

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1 sistance necessary to perform such respon2 sibilities as such assistance is agreed to by 

3 the collaborative applicant. 

4 ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND5 ING AGENCY.—A collaborative applicant that is ei6 ther selected or designated as a unified funding 

7 agency for a geographic area under paragraph (1) 

8 shall— 

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

10 funded by a grant received under subtitle C to 

11 establish such fiscal control and fund account12 ing procedures as may be necessary to assure 

13 the proper disbursal of, and accounting for, 

14 Federal funds awarded to the project sponsor 

15 under subtitle C in order to ensure that all fi16 nancial transactions carried out under subtitle 

17 C are conducted, and records maintained, in ac18 cordance with generally accepted accounting 

19 principles; and 

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

21 or evaluation of the financial records of each 

22 project carried out by a project sponsor funded 

23 by a grant received under subtitle C. 

24 ‘‘(g) CONFLICT OF INTEREST.—No board member of 

25 a collaborative applicant may participate in decisions of 


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1 the collaborative applicant concerning the award of a 

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

3 member or the organization that such member rep4 resents.’’; 

5 (5) by inserting after section 403 (as redesig6 nated in paragraph (2)) the following: 

7 ‘‘SEC. 404. TECHNICAL ASSISTANCE. 

8 ‘‘(a) TECHNICAL ASSISTANCE FOR PROJECT SPON9 SORS.—The Secretary shall make effective technical as10 sistance available to private nonprofit organizations and 

11 other nongovernmental entities, States, metropolitan cit12 ies, urban counties, and counties that are not urban coun13 ties that are potential project sponsors, in order to imple14 ment effective planning processes for preventing and end15 ing homelessness, to optimize self-sufficiency among indi16 viduals experiencing homelessness, and to improve their 

17 capacity to become project sponsors. 

18 ‘‘(b) TECHNICAL ASSISTANCE FOR COLLABORATIVE

19 APPLICANTS.—The Secretary shall make effective tech20 nical assistance available to collaborative applicants— 

21 ‘‘(1) to improve their ability to carry out the 

22 duties required under subsections (e) and (f) of sec23 tion 402; 

24 ‘‘(2) to design and execute outcome-effective 

25 strategies for preventing and ending homelessness in 


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1 their geographic areas consistent with the provisions 

2 of this title; and 

3 ‘‘(3) to design and implement a community4 wide process for assessing the performance of the 

5 applicant and project sponsors in meeting the pur6 poses of this Act. 

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

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

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

10 available technical assistance under subsections (a) and 

11 (b). 

12 ‘‘SEC. 405. APPEALS. 

13 ‘‘(a) IN GENERAL.—Not later than 3 months after 

14 the date of enactment of the Community Partnership to 

15 End Homelessness Act of 2007, the Secretary shall estab16 lish a timely appeal procedure for grant amounts awarded 

17 or denied under this subtitle pursuant to an application 

18 for funding. 

19 ‘‘(b) PROCESS.—The Secretary shall ensure that ap20 peals procedure established under subsection (a) permits 

21 appeals submitted by— 

22 ‘‘(1) collaborative applicants; 

23 ‘‘(2) entities carrying out homeless housing and 

24 services projects (including emergency shelters and 

25 homelessness prevention programs); and 


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1 ‘‘(3) homeless planning bodies not established 

2 as collaborative applicants.’’; and 

3 (6) by inserting after section 406 (as redesig4 nated in paragraph (2)) the following: 

5 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 

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

7 this title $1,800,000,000 for fiscal year 2008 and such 

8 sums as may be necessary for fiscal years 2009, 2010, 

9 2011, and 2012.’’. 

10 SEC. 5. EMERGENCY HOMELESSNESS PREVENTION AND 

11 SHELTER GRANTS PROGRAM. 

12 Subtitle B of title IV of the McKinney-Vento Home13 less Assistance Act (42 U.S.C. 11371 et seq.) is amend14 ed— 

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

17 ‘‘Subtitle B—Emergency Homeless18 ness Prevention and Shelter 

19 Grants Program’’; 

20 (2) by striking section 412 (42 U.S.C. 11372) 

21 and inserting the following: 

22 ‘‘SEC. 412. GRANT ASSISTANCE. 

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

24 governments (and to private nonprofit organizations pro25 viding assistance to persons experiencing homelessness, in 


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

2 purpose of carrying out activities described in section 414. 

3 ‘‘SEC. 412A. AMOUNT AND ALLOCATION OF ASSISTANCE. 

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

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

6 the Secretary shall allocate nationally not less than 10 nor 

7 more than 15 percent of such amount for activities de8 scribed in section 414. 

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

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

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

12 by collaborative applicants that submit applications under 

13 subtitle C, shall allocate the funds made available through 

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

15 in consultation with the collaborative applicants.’’; 

16 (3) in section 413(b) (42 U.S.C. 11373(b)), by 

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

18 through ‘‘for any’’ and inserting ‘‘amounts appro19 priated under section 407 and made available to 

20 carry out this subtitle for any’’; 

21 (4) by striking section 414 (42 U.S.C. 11374) 

22 and inserting the following: 

23 ‘‘SEC. 414. ELIGIBLE ACTIVITIES. 

24 ‘‘Assistance provided under section 412 may be used 

25 for the following activities: 


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

2 conversion of buildings to be used as emergency 

3 shelters. 

4 ‘‘(2) The provision of essential services, includ5 ing services concerned with employment, health, edu6 cation, family support services for homeless youth, 

7 alcohol or drug abuse prevention or treatment, or 

8 mental health treatment, if such essential services 

9 have not been provided by the local government dur10 ing any part of the immediately preceding 12-month 

11 period, or the use of assistance under this subtitle 

12 would complement the provision of those essential 

13 services. 

14 ‘‘(3) Maintenance, operation, insurance, provi15 sion of utilities, and provision of furnishings. 

16 ‘‘(4) Housing relocation or stabilization services 

17 for individuals and families at risk of homelessness, 

18 including housing search, mediation or outreach to 

19 property owners, legal services, credit repair, pro20 viding security or utility deposits, short- or medium21 term rental assistance, assistance with moving costs, 

22 or other activities that are effective at— 

23 ‘‘(A) stabilizing individuals and families in 

24 their current housing; or 


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1 ‘‘(B) quickly moving such individuals and 

2 families to other housing before such individ3 uals and families become homeless.’’; 

4 (5) by repealing section 417 (42 U.S.C. 11377); 

5 and 

6 (6) by redesignating section 418 as section 417. 

7 SEC. 6. HOMELESS ASSISTANCE PROGRAM. 

8 Subtitle C of title IV of the McKinney-Vento Home9 less Assistance Act (42 U.S.C. 11381 et seq.) is amend10 ed— 

11 (1) by striking the subtitle heading and insert12 ing the following: 

13 ‘‘Subtitle C—Homeless Assistance 

14 Program’’; 

15 (2) by striking sections 421 through 424 (42 

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

17 ‘‘SEC. 421. PURPOSES. 

18 ‘‘The purposes of this subtitle are— 

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

20 to the goal of ending homelessness; 

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

22 providers and State and local governments to quickly 

23 rehouse homeless individuals and families while 

24 minimizing the trauma and dislocation caused to inVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 dividuals, families, and communities by homeless2 ness; 

3 ‘‘(3) to promote access to, and effective utiliza4 tion of, mainstream programs identified by the Gov5 ernment Accountability Office in the 2 reports de6 scribed in section 102(a)(5)(B) and programs fund7 ed with State or local resources; and 

8 ‘‘(4) to optimize self-sufficiency among individ9 uals and families experiencing homelessness. 

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

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

12 on a competitive basis, and using the selection criteria de13 scribed in section 427, to carry out eligible activities under 

14 this subtitle for projects that meet the program require15 ments under section 426, either by directly awarding 

16 funds to project sponsors or by awarding funds to unified 

17 funding agencies. 

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

19 The Secretary shall release a Notification of Funding 

20 Availability for grants awarded under this subtitle for a 

21 fiscal year not later than 3 months after the date of enact22 ment of the appropriate Act making appropriations for the 

23 Department of Housing and Urban Development for the 

24 fiscal year. 

25 ‘‘(c) APPLICATIONS.— 


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

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

3 project sponsor or unified funding agency in a geo4 graphic area shall submit an application to the Sec5 retary at such time and in such manner as the Sec6 retary may require, and containing— 

7 ‘‘(A) such information as the Secretary de8 termines necessary— 

9 ‘‘(i) to determine compliance with the 

10 program requirements and selection cri11 teria under this subtitle; and 

12 ‘‘(ii) to establish priorities for funding 

13 projects in the geographic area. 

14 ‘‘(2) ANNOUNCEMENT OF AWARDS.—The Sec15 retary shall announce, within 4 months after the last 

16 date for the submission of applications described in 

17 this subsection for a fiscal year, the grants condi18 tionally awarded under subsection (a) for that fiscal 

19 year. 

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

21 OF FUNDS.— 

22 ‘‘(1) REQUIREMENTS FOR OBLIGATION.— 

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

24 months after the announcement referred to in 

25 subsection (c)(2), each recipient of a grant anVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 nounced under such subsection shall, with re2 spect to a project to be funded through such 

3 grant, meet, or cause the project sponsor to 

4 meet, all requirements for the obligation of 

5 funds for such project, including site control, 

6 matching funds, and environmental review re7 quirements, except as provided in subparagraph 

8 (C). 

9 ‘‘(B) ACQUISITION, REHABILITATION, OR

10 CONSTRUCTION.—Not later than 15 months 

11 after the announcement referred to in sub12 section (c)(2), each recipient of a grant an13 nounced under such subsection seeking the obli14 gation of funds for acquisition of housing, reha15 bilitation of housing, or construction of new 

16 housing for a grant announced under such sub17 section shall meet all requirements for the obli18 gation of those funds, including site control, 

19 matching funds, and environmental review re20 quirements. 

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

22 the Secretary, and in compelling circumstances, 

23 the Secretary may extend the date by which a 

24 recipient of a grant announced under subsection 

25 (c)(2) shall meet or cause a project sponsor to 


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1 meet the requirements described in subpara2 graphs (A) and (B) if the Secretary determines 

3 that compliance with the requirements was de4 layed due to factors beyond the reasonable con5 trol of the recipient or project sponsor. Such 

6 factors may include difficulties in obtaining site 

7 control for a proposed project, completing the 

8 process of obtaining secure financing for the 

9 project, or completing the technical submission 

10 requirements for the project. 

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

12 after a recipient meets or causes a project sponsor 

13 to meet the requirements described in paragraph 

14 (1), the Secretary shall obligate the funds for the 

15 grant involved. 

16 ‘‘(3) DISTRIBUTION.—A unified funding agency 

17 that receives funds through a grant under this sec18 tion— 

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

20 sponsors (in advance of expenditures by the 

21 project sponsors); and 

22 ‘‘(B) shall distribute the appropriate por23 tion of the funds to a project sponsor not later 

24 than 45 days after receiving a request for such 

25 distribution from the project sponsor. 


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

2 may establish a date by which funds made available 

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

4 for a homeless assistance project shall be entirely ex5 pended by the recipient or project sponsors involved. 

6 The Secretary shall recapture the funds not ex7 pended by such date. The Secretary shall reallocate 

8 the funds for another homeless assistance and pre9 vention project that meets the requirements of this 

10 subtitle to be carried out, if possible and appro11 priate, in the same geographic area as the area 

12 served through the original grant. 

13 ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL AP14 PLICANTS.—The Secretary may renew funding for a spe15 cific project previously funded under this subtitle that the 

16 Secretary determines meets the purposes of this subtitle, 

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

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

19 not selected to receive grant assistance. The Secretary 

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

21 year, and under such conditions as the Secretary deter22 mines to be appropriate. 

23 ‘‘(f) CONSIDERATIONS IN DETERMINING RENEWAL

24 FUNDING.—When providing renewal funding for leasing 

25 or rental assistance for permanent housing, the Secretary 


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1 shall take into account increases in the fair market rents 

2 for modest rental property in the geographic area. 

3 ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO4 GRAPHIC AREA.—If more than 1 collaborative applicant 

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

6 award funds to the collaborative applicant with the highest 

7 score based on the selection criteria set forth in section 

8 427. 

9 ‘‘SEC. 423. ELIGIBLE ACTIVITIES. 

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

11 to project sponsors under section 422 to carry out home12 less assistance projects that consist of 1 or more of the 

13 following eligible activities: 

14 ‘‘(1) Construction of new housing units to pro15 vide transitional or permanent housing to homeless 

16 individuals and families. 

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

18 to provide supportive services or to provide transi19 tional or permanent housing, other than emergency 

20 shelter, to homeless individuals and families. 

21 ‘‘(3) Leasing of property, or portions of prop22 erty, not owned by the recipient or project sponsor 

23 involved, for use in providing transitional or perma24 nent housing to homeless individuals and families, or 


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1 providing supportive services to homeless individuals 

2 and families. 

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

4 transitional or permanent housing to homeless indi5 viduals and families. The rental assistance may in6 clude tenant-based or project-based rental assist7 ance. 

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

9 units assisted under this subtitle. 

10 ‘‘(6) Provision of supportive services to home11 less individuals and families, or individuals and fam12 ilies who in the prior 6 months have been homeless 

13 but are currently residing in permanent housing. 

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

15 housing search, mediation or outreach to property 

16 owners, credit repair, providing security or utility 

17 deposits, rental assistance for a final month at a lo18 cation, assistance with moving costs, or other activi19 ties that— 

20 ‘‘(A) are effective at moving homeless indi21 viduals and families immediately into housing; 

22 or 

23 ‘‘(B) may benefit individuals and families 

24 who in the prior 6 months have been homeless, 


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1 but are currently residing in permanent hous2 ing. 

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

4 that is a legal entity, performance of the duties de5 scribed under section 402(e)(3). 

6 ‘‘(9) Operation of, participation in, and ensur7 ing consistent participation by project sponsors in, a 

8 community-wide homeless management information 

9 system. 

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

11 that is a legal entity, payment of administrative 

12 costs related to meeting the requirements described 

13 in paragraphs (1) and (2) of section 402(e), for 

14 which the collaborative applicant may use not more 

15 than 3 percent of the total funds made available in 

16 the geographic area under this subtitle for such 

17 costs, in addition to funds used under paragraph 

18 (10). 

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

20 that is a unified funding agency under section 

21 402(f), payment of administrative costs related to 

22 meeting the requirements of that section, for which 

23 the unified funding agency may use not more than 

24 3 percent of the total funds made available in the 


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1 geographic area under this subtitle for such costs, in 

2 addition to funds used under paragraph (10). 

3 ‘‘(12) Payment of administrative costs to 

4 project sponsors, for which each project sponsor may 

5 use not more than 5 percent of the total funds made 

6 available to that project sponsor through this sub7 title for such costs. 

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

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

10 projects providing permanent housing. 

11 ‘‘(c) USE RESTRICTIONS.— 

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

13 CONSTRUCTION.—A project that consists of activities 

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

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

17 for not less than 15 years. 

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

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

21 the purpose specified in the application submitted 

22 for the project under section 422 for the duration of 

23 the grant period involved. 

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

25 sponsor carrying out a project that provides transiVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 tional or permanent housing submits a request to 

2 the collaborative applicant or unified funding agency 

3 involved to carry out instead a project for the direct 

4 benefit of low-income persons, and the collaborative 

5 applicant or unified funding agency determines that 

6 the initial project is no longer needed to provide 

7 transitional or permanent housing, the collaborative 

8 applicant or unified funding agency may recommend 

9 that the Secretary approve the project described in 

10 the request and authorize the recipient or project 

11 sponsor to carry out that project. If the collaborative 

12 applicant or unified funding agency is the recipient 

13 or project sponsor, it shall submit such a request di14 rectly to the Secretary who shall determine if the 

15 conversion of the project is appropriate. 

16 ‘‘(d) REPAYMENT OF ASSISTANCE AND PREVENTION

17 OF UNDUE BENEFITS.— 

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

19 sponsor receiving funds from the recipient) receives 

20 assistance under section 422 to carry out a project 

21 that consists of activities described in paragraph (1) 

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

23 provide transitional or permanent housing— 

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

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1 quire the recipient (or the project sponsor re2 ceiving funds from the recipient) to repay 100 

3 percent of the assistance; or 

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

5 than 15 years, after operation of the project be6 gins, the Secretary shall require the recipient 

7 (or the project sponsor receiving funds from the 

8 recipient) to repay 20 percent of the assistance 

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

10 which the project fails to provide that housing. 

11 ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex12 cept as provided in paragraph (3), if any property 

13 is used for a project that receives assistance under 

14 subsection (a) and consists of activities described in 

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

16 or other disposition of the property occurs before the 

17 expiration of the 15-year period beginning on the 

18 date that operation of the project begins, the recipi19 ent (or the project sponsor receiving funds from the 

20 recipient) who received the assistance shall comply 

21 with such terms and conditions as the Secretary may 

22 prescribe to prevent the recipient (or a project spon23 sor receiving funds from the recipient) from unduly 

24 benefitting from such sale or disposition. 


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

2 sponsor receiving funds from the recipient) shall not 

3 be required to make the repayments, and comply 

4 with the terms and conditions, required under para5 graph (1) or (2) if— 

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

7 used for the project results in the use of the 

8 property for the direct benefit of very low-in9 come persons; 

10 ‘‘(B) all of the proceeds of the sale or dis11 position are used to provide transitional or per12 manent housing meeting the requirements of 

13 this subtitle; or 

14 ‘‘(C) there are no individuals and families 

15 in the geographic area who are homeless, in 

16 which case the project may serve individuals 

17 and families at risk of homelessness under sec18 tion 1004. 

19 ‘‘SEC. 424. FLEXIBILITY INCENTIVES FOR HIGH-PER20 FORMING COMMUNITIES. 

21 ‘‘(a) DESIGNATION AS A HIGH-PERFORMING COMMU22 NITY.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall des24 ignate, on an annual basis, which collaborative appli25 cants represent high-performing communities. 


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

2 to designate a collaborative applicant as a high-per3 forming community under paragraph (1), the Sec4 retary shall establish criteria to ensure that the re5 quirements described under paragraphs (1)(B) and 

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

7 homeless individuals and families under similar cir8 cumstances, in order to encourage projects in the ge9 ographic area to serve homeless individuals and fam10 ilies with more severe barriers to housing stability. 

11 ‘‘(3) 2-YEAR PHASE IN.—In each of the first 2 

12 years after the date of enactment of this section, the 

13 Secretary shall designate not more than 10 collabo14 rative applicants as high-performing communities. 

15 ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—In 

16 the event that during the 2-year period described 

17 under paragraph (2) more than 10 collaborative ap18 plicants could qualify to be designated as high-per19 forming communities, the Secretary shall designate 

20 the 10 that have, in the discretion of the Secretary, 

21 the best performance based on the criteria described 

22 under subsection (d). 

23 ‘‘(5) TIME LIMIT ON DESIGNATION.—The des24 ignation of any collaborative applicant as a high-per25 forming community under this subsection shall be 


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1 effective only for the year in which such designation 

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

3 renew any such designation. 

4 ‘‘(b) APPLICATION TO BE A HIGH-PERFORMING

5 COMMUNITY.— 

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

7 seeking designation as a high-performing community 

8 under subsection (a) shall submit an application to 

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

10 the Secretary may require. 

11 ‘‘(2) CONTENT OF APPLICATION.—In any appli12 cation submitted under paragraph (1), a collabo13 rative applicant shall include in such application— 

14 ‘‘(A) a report showing how any money re15 ceived under this subtitle in the preceding year 

16 was expended; and 

17 ‘‘(B) information that such applicant can 

18 meet the requirements described under sub19 section (d). 

20 ‘‘(3) PUBLICATION OF APPLICATION.—The Sec21 retary shall— 

22 ‘‘(A) publish any report or information 

23 submitted in an application under this section 

24 in the geographic area represented by the col25 laborative applicant; and 


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

2 whether the collaborative applicant seeking des3 ignation as a high-performing community meets 

4 the requirements described under subsection 

5 (d). 

6 ‘‘(c) USE OF FUNDS.— 

7 ‘‘(1) BY PROJECT SPONSORS IN A HIGH-PER8 FORMING COMMUNITY.—Funds awarded under sec9 tion 422(a) to a project sponsor who is located in a 

10 high-performing community may be used— 

11 ‘‘(A) for any of the eligible activities de12 scribed in section 423; or 

13 ‘‘(B) for any of the eligible activities de14 scribed in section 1003. 

15 ‘‘(2) COMMUNITY HOMELESSNESS PREVENTION

16 FUNDS.— 

17 ‘‘(A) IN GENERAL.—Funds used for activi18 ties that are eligible under section 1003 but not 

19 under section 423 shall be subject to— 

20 ‘‘(i) the matching requirements of sec21 tion 1008 rather than section 430; and 

22 ‘‘(ii) the other program requirements 

23 of title X rather than of this subtitle. 

24 ‘‘(B) DUTY OF SECRETARY.—The Sec25 retary shall transfer any funds awarded under 


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1 section 422(a) for activities that are eligible 

2 under section 1003 but not under section 423 

3 from the account for this subtitle to the account 

4 for title X. 

5 ‘‘(d) DEFINITION OF HIGH-PERFORMING COMMU6 NITY.—For purposes of this section, the term ‘high-per7 forming community’ means a geographic area that dem8 onstrates through reliable data that all of the following 

9 4 requirements are met for that geographic area: 

10 ‘‘(1) The mean length of episodes of homeless11 ness for that geographic area— 

12 ‘‘(A) is less than 20 days; or 

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

14 circumstances in the preceding year was at 

15 least 10 percent less than in the year before. 

16 ‘‘(2) Of individuals and families— 

17 ‘‘(A) who leave homelessness, less than 5 

18 percent of such individuals and families become 

19 homeless again at any time within the next 2 

20 years; or 

21 ‘‘(B) in similar circumstances who leave 

22 homelessness, the percentage of such individ23 uals and families who become homeless again 

24 within the next 2 years has decreased by at 

least 1 25 ⁄5 within the preceding year. 


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1 ‘‘(3) The communities that compose the geo2 graphic area have— 

3 ‘‘(A) actively encouraged homeless individ4 uals and families to participate in homeless as5 sistance services available in that geographic 

6 area; and 

7 ‘‘(B) included each homeless individual or 

8 family who sought homeless assistance services 

9 in the data system used by that community for 

10 determining compliance with this subsection. 

11 ‘‘(4) If recipients in the geographic area have 

12 used funding awarded under section 422(a) for eligi13 ble activities described under section 1003 in pre14 vious years based on the authority granted under 

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

16 reducing the number of individuals and families who 

17 became homeless in that community. 

18 ‘‘(e) COOPERATION AMONG ENTITIES.—A collabo19 rative applicant designated as a high-performing commu20 nity under this section shall cooperate with the Secretary 

21 in distributing information about successful efforts within 

22 the geographic area represented by the collaborative appli23 cant to reduce homelessness.’’ ; 

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


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1 (A) by striking subsection (a) and insert2 ing the following: 

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

4 that each application include reasonable assurances that 

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

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

7 month period beginning upon notification of an award for 

8 grant assistance, unless the application proposes providing 

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

10 housing that will eventually be owned or controlled by the 

11 families and individuals served. An applicant may obtain 

12 ownership or control of a suitable site different from the 

13 site specified in the application. If any recipient (or project 

14 sponsor receiving funds from the recipient) fails to obtain 

15 ownership or control of the site within 12 months after 

16 notification of an award for grant assistance, the grant 

17 shall be recaptured and reallocated under this subtitle.’’; 

18 (B) by striking subsection (b) and insert19 ing the following: 

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

21 not provide assistance for a proposed project under this 

22 subtitle unless the collaborative applicant involved 

23 agrees— 

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

25 accordance with the provisions of this subtitle; 


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

2 progress of the project; 

3 ‘‘(3) to ensure, to the maximum extent prac4 ticable, that individuals and families experiencing 

5 homelessness are involved, through employment, pro6 vision of volunteer services, or otherwise, in con7 structing, rehabilitating, maintaining, and operating 

8 facilities for the project and in providing supportive 

9 services for the project; 

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

11 sponsors that— 

12 ‘‘(A) they will maintain the confidentiality 

13 of records pertaining to any individual or family 

14 provided family violence prevention or treat15 ment services through the project; 

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

17 family violence shelter project assisted under 

18 this subtitle will not be made public, except 

19 with written authorization of the person respon20 sible for the operation of such project; 

21 ‘‘(C) they will establish policies and prac22 tices that are consistent with, and do not re23 strict the exercise of rights provided by, subtitle 

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

25 provision of educational and related services to 


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1 individuals and families experiencing homeless2 ness; 

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

4 required by the Secretary pursuant to the Act; 

5 and 

6 ‘‘(E) if the project includes the provision of 

7 permanent housing to people with disabilities, 

8 the housing will be provided for not more 

9 than— 

10 ‘‘(i) 8 such persons in a single struc11 ture or contiguous structures; 

12 ‘‘(ii) 16 such persons, but only if not 

13 more than 20 percent of the units in a 

14 structure are designated for such persons; 

15 or 

16 ‘‘(iii) more than 16 such persons if 

17 the applicant demonstrates that local mar18 ket conditions dictate the development of a 

19 large project and such development will 

20 achieve the neighborhood integration objec21 tives of the program within the context of 

22 the affected community; 

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

24 funding agency under section 402(f) and receives 

25 funds under subtitle C to carry out the payment of 


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1 administrative costs described in section 423(a)(7), 

2 to establish such fiscal control and fund accounting 

3 procedures as may be necessary to assure the proper 

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

5 to ensure that all financial transactions carried out 

6 with such funds are conducted, and records main7 tained, in accordance with generally accepted ac8 counting principles; 

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

10 provision of matching funds as required by section 

11 430; and 

12 ‘‘(7) to comply with such other terms and con13 ditions as the Secretary may establish to carry out 

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

15 (C) by redesignating subsection (d) as sub16 section (c); 

17 (D) in subsection (c) (as redesignated in 

18 subparagraph (C)), in the first sentence, by 

19 striking ‘‘recipient’’ and inserting ‘‘recipient or 

20 project sponsor’’; 

21 (E) by striking subsection (e); 

22 (F) by redesignating subsections (f), (g), 

23 and (h), as subsections (d), (e), and (f), respec24 tively; 


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1 (G) in subsection (e) (as redesignated in 

2 subparagraph (F)), in the first sentence, by 

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

4 inserting ‘‘recipient or project sponsor’’; 

5 (H) by striking subsection (i); and 

6 (I) by redesignating subsection (j) as sub7 section (g); 

8 (4) by repealing section 429 (42 U.S.C. 11389); 

9 (5) by redesignating sections 427 and 428 (42 

10 U.S.C. 11387, 11388) as sections 431 and 432, re11 spectively; and 

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

13 ‘‘SEC. 427. SELECTION CRITERIA. 

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

15 to recipients by a national competition between geographic 

16 areas based on criteria established by the Secretary. 

17 ‘‘(b) REQUIRED CRITERIA.— 

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

19 under subsection (a) shall include— 

20 ‘‘(A) the previous performance of the re21 cipient regarding homelessness, measured by 

22 criteria that shall be announced by the Sec23 retary, that shall take into account barriers 

24 faced by individual homeless people, and that 

25 shall include— 


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

2 families remain homeless; 

3 ‘‘(ii) the extent to which individuals 

4 and families who leave homelessness expe5 rience additional spells of homelessness; 

6 ‘‘(iii) the thoroughness of grantees in 

7 the geographic area in reaching all home8 less individuals and families; 

9 ‘‘(iv) overall reduction in the number 

10 of homeless individuals and families; 

11 ‘‘(v) jobs and income growth for 

12 homeless individuals and families; 

13 ‘‘(vi) success at reducing the number 

14 of individuals and families who become 

15 homeless; and 

16 ‘‘(vii) other accomplishments by the 

17 recipient related to reducing homelessness; 

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

19 describe— 

20 ‘‘(i) how the number of individuals 

21 and families who become homeless will be 

22 reduced in the community; 

23 ‘‘(ii) how the length of time that indi24 viduals and families remain homeless will 

25 be reduced; and 


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1 ‘‘(iii) the extent to which the recipient 

2 will— 

3 ‘‘(I) address the needs of all rel4 evant subpopulations, including— 

5 ‘‘(aa) individuals with seri6 ous mental illness, addiction dis7 orders, HIV/AIDS and other 

8 prevalent disabilities; 

9 ‘‘(bb) families with children; 

10 ‘‘(cc) unaccompanied youth; 

11 ‘‘(dd) veterans; and 

12 ‘‘(ee) other subpopulations 

13 with a risk of becoming homeless; 

14 ‘‘(II) incorporate all necessary 

15 strategies for reducing homelessness, 

16 including the interventions referred to 

17 in section 428(d); 

18 ‘‘(III) set quantifiable perform19 ance measures; 

20 ‘‘(IV) set timelines for completion 

21 of specific tasks; 

22 ‘‘(V) identify specific funding 

23 sources for planned activities; 


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1 ‘‘(VI) identify an individual or 

2 body responsible for overseeing imple3 mentation of specific strategies; 

4 ‘‘(VII) include a review of local 

5 policies and practices relating to dis6 charge planning from institutions, ac7 cess to benefits and services from 

8 mainstream government programs, 

9 and zoning and land use, to determine 

10 whether such local policies and prac11 tices aggravate or ameliorate home12 lessness in the geographic area; 

13 ‘‘(VIII) include interventions that 

14 will help reunify families that have 

15 been split up as a result of homeless16 ness; and 

17 ‘‘(IX) incorporate the findings 

18 and recommendations of the most re19 cently completed annual assessments, 

20 conducted pursuant to section 2034 of 

21 title 38, United States Code, of the 

22 Department of Veterans Affairs med23 ical centers or regional benefits offices 

24 whose service areas include the geo25 graphic area of the recipient; 


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

2 to determine the priority for funding local 

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

4 extent to which the priority-setting process— 

5 ‘‘(i) uses periodically collected infor6 mation and analysis to determine the ex7 tent to which each project has resulted in 

8 rapid return to permanent housing for 

9 those served by the project, taking into ac10 count the severity of barriers faced by the 

11 people the project serves; 

12 ‘‘(ii) includes evaluations obtained di13 rectly from the individuals and families 

14 served by the project; 

15 ‘‘(iii) evaluates whether the population 

16 served by the project matches the priority 

17 population for that project; 

18 ‘‘(iv) is based on objective criteria 

19 that have been publicly announced by the 

20 recipient; 

21 ‘‘(v) is open to proposals from entities 

22 that have not previously received funds 

23 under this subtitle; and 

24 ‘‘(vi) avoids conflicts of interest in the 

25 decision-making of the recipient; 


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1 ‘‘(D) the extent to which the recipient has 

2 a comprehensive understanding of the extent 

3 and nature of homelessness in the geographic 

4 area and efforts needed to combat the problem 

5 of homelessness in the geographic area; 

6 ‘‘(E) the need for the types of projects pro7 posed in the geographic area to be served and 

8 the extent to which the prioritized programs of 

9 the recipient meet such unmet needs; 

10 ‘‘(F) the extent to which the amount of as11 sistance to be provided under this subtitle to 

12 the recipient will be supplemented with re13 sources from other public and private sources, 

14 including mainstream programs identified by 

15 the Government Accountability Office in the 2 

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

17 ‘‘(G) demonstrated coordination by the re18 cipient with the other Federal, State, local, pri19 vate, and other entities serving individuals and 

20 families experiencing homelessness and at risk 

21 of homelessness in the planning and operation 

22 of projects, to the extent practicable; 

23 ‘‘(H) the degree to which homeless individ24 uals and families in the geographic area, includ25 ing members of all relevant subpopulations listVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 ed in subparagraph (B)(III)(I), are able to ac2 cess— 

3 ‘‘(i) public benefits and services for 

4 which they are eligible, besides the services 

5 funded under this subtitle, including public 

6 schools; and 

7 ‘‘(ii) the benefits and services provided 

8 by the Department of Veterans Affairs; 

9 ‘‘(I) the extent to which the opinions and 

10 views of the full range of people in the geo11 graphic area are considered, including— 

12 ‘‘(i) homeless individuals and families, 

13 individuals and families at risk of home14 lessness, and individuals and families who 

15 have experienced homelessness; 

16 ‘‘(ii) individuals associated with com17 munity-based organizations that serve 

18 homeless individuals and families and indi19 viduals and families at risk of homeless20 ness; 

21 ‘‘(iii) persons who act as advocates for 

22 the diverse subpopulations of individuals 

23 and families experiencing or at risk of 

24 homelessness; 


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1 ‘‘(iv) relatives of individuals and fami2 lies experiencing or at risk of homeless3 ness; 

4 ‘‘(v) Federal, State, and local govern5 ment agency officials, particularly those of6 ficials responsible for administering fund7 ing under programs targeted for individ8 uals and families experiencing homeless9 ness, and other programs for which indi10 viduals and families experiencing homeless11 ness are eligible, including mainstream 

12 programs identified by the Government Ac13 countability Office in the 2 reports de14 scribed in section 102(a)(5)(B); 

15 ‘‘(vi) local educational agency liaisons 

16 designated under section 722(g)(1)(J)(ii), 

17 or their designees; 

18 ‘‘(vii) members of the business com19 munity; 

20 ‘‘(viii) members of neighborhood advo21 cacy organizations; and 

22 ‘‘(ix) members of philanthropic orga23 nizations that contribute to preventing and 

24 ending homelessness in the geographic 

25 area of the collaborative applicant; and 


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1 ‘‘(J) such other factors as the Secretary 

2 determines to be appropriate to carry out this 

3 subtitle in an effective and efficient manner. 

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

5 the criteria required under paragraph (1), the cri6 teria established under subsection (a) shall also in7 clude the need within the geographic area for home8 less services, determined as follows and under the 

9 following conditions: 

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

11 each collaborative applicant, at a time concur12 rent with the release of the Notice of Funding 

13 Availability for grants under section 422(b), of 

14 the pro rata estimated need amount under this 

15 subtitle for the geographic area represented by 

16 the collaborative applicant. 

17 ‘‘(B) AMOUNT.— 

18 ‘‘(i) BASIS.—The estimated need 

19 amount under subparagraph (A) shall be 

20 based on a percentage of the total funds 

21 available, or estimated to be available, to 

22 carry out this subtitle for any fiscal year 

23 that is equal to the percentage of the total 

24 amount available for section 106 of the 

25 Housing and Community Development Act 


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1 of 1974 (42 U.S.C. 5306) for the prior fis2 cal year that— 

3 ‘‘(I) was allocated to all metro4 politan cities and urban counties with5 in the geographic area represented by 

6 the collaborative applicant; or 

7 ‘‘(II) would have been distributed 

8 to all counties within such geographic 

9 area that are not urban counties, if 

10 the 30 percent portion of the alloca11 tion to the State involved (as de12 scribed in subsection (d)(1) of that 

13 section 106) for that year had been 

14 distributed among the counties that 

15 are not urban counties in the State in 

16 accordance with the formula specified 

17 in that subsection (with references in 

18 that subsection to nonentitlement 

19 areas considered to be references to 

20 those counties). 

21 ‘‘(ii) RULE.—In computing the esti22 mated need amount under subparagraph 

23 (A), the Secretary shall adjust the esti24 mated need amount determined pursuant 

25 to clause (i) to ensure that— 


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1 ‘‘(I) 75 percent of the total funds 

2 available, or estimated to be available, 

3 to carry out this subtitle for any fiscal 

4 year are allocated to the metropolitan 

5 cities and urban counties that received 

6 a direct allocation of funds under sec7 tion 413 for the prior fiscal year; and 

8 ‘‘(II) 25 percent of the total 

9 funds available, or estimated to be 

10 available, to carry out this subtitle for 

11 any fiscal year are allocated— 

12 ‘‘(aa) to the metropolitan 

13 cities and urban counties that did 

14 not receive a direct allocation of 

15 funds under section 413 for the 

16 prior fiscal year; and 

17 ‘‘(bb) to counties that are 

18 not urban counties. 

19 ‘‘(iii) COMBINATIONS OR CON20 SORTIA.—For a collaborative applicant 

21 that represents a combination or consor22 tium of cities or counties, the estimated 

23 need amount shall be the sum of the esti24 mated need amounts for the cities or counVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 ties represented by the collaborative appli2 cant. 

3 ‘‘(iv) AUTHORITY OF SECRETARY.— 

4 The Secretary may increase the estimated 

5 need amount for a geographic area if nec6 essary to provide 1 year of renewal funding 

7 for all expiring contracts entered into 

8 under this subtitle for the geographic area. 

9 ‘‘SEC. 428. ALLOCATION AMOUNTS AND INCENTIVES FOR 

10 SPECIFIC ELIGIBLE ACTIVITIES. 

11 ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT HOUS12 ING FOR HOMELESS INDIVIDUALS AND FAMILIES WITH

13 DISABILITIES.— 

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

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

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

17 sums made available to carry out subtitle B and this 

18 subtitle for that fiscal year shall be used for perma19 nent housing for homeless individuals with disabil20 ities and homeless families that include such an indi21 vidual who is an adult. 

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

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

24 used for activities that are described in paragraph 

25 (1), the Secretary shall not count funds made availVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 able to renew contracts for existing projects under 

2 section 429. 

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

4 paragraph (1) shall be reduced proportionately based 

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

6 for which subsection (e) applies in regard to sub7 section (d)(2)(A). 

8 ‘‘(4) SUSPENSION.—The requirement estab9 lished in paragraph (1) shall be suspended for any 

10 year in which available funding for grants under this 

11 subtitle would not be sufficient to renew for 1 year 

12 existing grants that would otherwise be funded 

13 under this subtitle. 

14 ‘‘(5) TERMINATION.—The requirement estab15 lished in paragraph (1) shall terminate upon a find16 ing by the Secretary that since the beginning of 

17 2001 at least 150,000 new units of permanent hous18 ing for homeless individuals and families with dis19 abilities have been funded under this subtitle. 

20 ‘‘(b) MINIMUM ALLOCATION FOR PERMANENT HOUS21 ING FOR HOMELESS FAMILIES WITH CHILDREN.—From 

22 the amounts made available to carry out this subtitle for 

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

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

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


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1 or secure permanent housing for homeless families with 

2 children. 

3 ‘‘(c) FUNDING FOR ACQUISITION, CONSTRUCTION, 

4 AND REHABILITATION OF PERMANENT OR TRANSITIONAL

5 HOUSING.—Nothing in this subtitle shall be construed to 

6 establish a limit on the amount of funding that an appli7 cant may request under this subtitle for acquisition, con8 struction, or rehabilitation activities for the development 

9 of permanent housing or transitional housing. 

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

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

12 bonuses or other incentives to geographic areas for 

13 using funding under this subtitle for activities that 

14 have been proven to be effective at reducing home15 lessness generally or reducing homelessness for a 

16 specific subpopulation. 

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

18 of this subsection, activities that have been proven to 

19 be effective at reducing homelessness generally or re20 ducing homelessness for a specific subpopulation in21 cludes— 

22 ‘‘(A) permanent supportive housing for 

23 chronically homeless individuals and families; 

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

25 services, short-term flexible subsidies to overVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 come barriers to rehousing, support services 

2 concentrating on improving incomes to pay 

3 rent, coupled with performance measures em4 phasizing rapid and permanent rehousing and 

5 with leveraging funding from mainstream fam6 ily service systems such as Temporary Assist7 ance for Needy Families and Child Welfare 

8 services; and 

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

10 Secretary, based on research and after notice 

11 and comment to the public, to have been proven 

12 effective at reducing homelessness generally or 

13 reducing homelessness for a specific subpopula14 tion. 

15 ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMENTA16 TION OF PROVEN STRATEGIES.— 

17 ‘‘(1) IN GENERAL.—If any geographic area 

18 demonstrates that it has fully implemented any of 

19 the activities described in subsection (d) for all 

20 homeless individuals and families or for all members 

21 of subpopulations for whom such activities are tar22 geted, that geographic area shall receive the bonus 

23 or incentive provided under subsection (d), but may 

24 use such bonus or incentive for any eligible activity 

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1 less people generally or for the relevant subpopula2 tion. 

3 ‘‘(2) USE OF FUNDS.—Bonus or incentive funds 

4 awarded under this subsection that are used for ac5 tivities that are eligible under section 1003 but not 

6 under section 423 shall be subject to— 

7 ‘‘(A) the matching requirements of section 

8 1008 rather than section 430; and 

9 ‘‘(B) the other program requirements of 

10 title X rather than of this subtitle. 

11 ‘‘(3) DUTY OF SECRETARY.—The Secretary 

12 shall transfer any bonus or incentive funds awarded 

13 under this subsection for activities that are eligible 

14 under section 1003 but not under section 423 from 

15 the account for this subtitle to the account for title 

16 X. 

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

18 FOR PERMANENT HOUSING. 

19 ‘‘(a) IN GENERAL.—Of the total amount available in 

20 the account or accounts designated for appropriations for 

21 use in connection with section 8 of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437f), the Secretary 

23 shall use such sums as may be necessary for the purpose 

24 of renewing expiring contracts for leasing, rental assist25 ance, or operating costs for permanent housing. 


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

2 subsection (a) shall be available for the renewal of con3 tracts for a 1-year term for rental assistance and housing 

4 operation costs associated with permanent housing 

5 projects funded under this subtitle, or under subtitle C 

6 or F (as in effect on the day before the date of enactment 

7 of the Community Partnership to End Homelessness Act 

8 of 2007). The Secretary shall determine whether to renew 

9 a contract for such a permanent housing project on the 

10 basis of certification by the collaborative applicant for the 

11 geographic area that— 

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

13 project; and 

14 ‘‘(2) the project complies with program require15 ments and appropriate standards of housing quality 

16 and habitability, as determined by the Secretary. 

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

18 be construed as prohibiting the Secretary from renewing 

19 contracts under this subtitle in accordance with criteria 

20 set forth in a provision of this subtitle other than this sec21 tion. 

22 ‘‘SEC. 430. MATCHING FUNDING. 

23 ‘‘(a) IN GENERAL.—A collaborative applicant in a ge24 ographic area in which funds are awarded under this sub25 title shall specify contributions that shall be made availVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 able in the geographic area in an amount equal to not 

2 less than 25 percent of the funds provided to recipients 

3 in the geographic area. 

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

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

6 project sponsor by an entity other than the project sponsor 

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

8 when documented by a memorandum of understanding be9 tween the project sponsor and the other entity that such 

10 services will be provided. 

11 ‘‘(c) COUNTABLE ACTIVITIES.—– The contributions 

12 required under subsection (a) may consist of— 

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

14 under section 423; and 

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

16 of services of any eligible activity described under 

17 section 423.’’. 

18 SEC. 7. RURAL HOUSING STABILITY ASSISTANCE. 

19 Subtitle D of title IV of the McKinney-Vento Home20 less Assistance Act (42 U.S.C. 11408 et seq.), as redesig21 nated by section 9, is amended— 

22 (1) by striking the subtitle heading and insert23 ing the following: 


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1 ‘‘Subtitle D—Rural Housing 

2 Stability Assistance Program’’; and 

3 (2) in section 491— 

4 (A) by striking the section heading and in5 serting ‘‘RURAL HOUSING STABILITY

6 GRANT PROGRAM.’’; 

7 (B) in subsection (a)— 

8 (i) by striking ‘‘rural homelessness 

9 grant program’’ and inserting ‘‘rural hous10 ing stability grant program’’; 

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

12 under subtitle C and title X’’ after ‘‘eligi13 ble organizations’’; and 

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

15 and (3), and inserting the following: 

16 ‘‘(1) rehousing or improving the housing situa17 tions of individuals and families who are homeless or 

18 in the worst housing situations in the geographic 

19 area; 

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

21 families who are in imminent danger of losing hous22 ing; and 

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

24 residents of the community to afford stable hous25 ing.’’; 


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1 (C) in subsection (b)(1)— 

2 (i) by redesignating subparagraphs 

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

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

5 (ii) by striking subparagraph (D) and 

6 inserting the following: 

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

8 provide transitional or permanent housing to 

9 homeless individuals and families; 

10 ‘‘(E) acquisition or rehabilitation of a 

11 structure to provide supportive services or to 

12 provide transitional or permanent housing, 

13 other than emergency shelter, to homeless indi14 viduals and families; 

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

16 property, not owned by the recipient or project 

17 sponsor involved, for use in providing transi18 tional or permanent housing to homeless indi19 viduals and families, or providing supportive 

20 services to homeless individuals and families; 

21 ‘‘(G) provision of rental assistance to pro22 vide transitional or permanent housing to home23 less individuals and families, such rental assist24 ance may include tenant-based or project-based 

25 rental assistance; 


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1 ‘‘(H) payment of operating costs for hous2 ing units assisted under this title;’’; 

3 (D) in subsection (b)(2), by striking ‘‘ap4 propriated’’ and inserting ‘‘transferred’’; 

5 (E) in subsection (c)— 

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

7 ‘‘appropriated’’ and inserting ‘‘trans8 ferred’’; and 

9 (ii) in paragraph (3), by striking ‘‘ap10 propriated’’ and inserting ‘‘transferred’’; 

11 (F) in subsection (d)— 

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

13 and’’ and inserting a semicolon; 

14 (ii) in paragraph (6)— 

15 (I) by striking ‘‘an agreement’’ 

16 and all that follows through ‘‘fami17 lies’’ and inserting the following: ‘‘a 

18 description of how individuals and 

19 families who are homeless or who have 

20 the lowest incomes in the community 

21 will be involved by the organization’’; 

22 and 

23 (II) by striking the period at the 

24 end, and inserting a semicolon; and 


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1 (iii) by adding at the end the fol2 lowing: 

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

4 place within the community to ascertain the most 

5 important uses for funding under this section, in6 cluding the involvement of potential beneficiaries of 

7 the project; and 

8 ‘‘(8) a description of the extent and nature of 

9 homelessness and of the worst housing situations in 

10 the community.’’; 

11 (G) by striking subsections (f) and (g) and 

12 inserting the following: 

13 ‘‘(f) MATCHING FUNDING.— 

14 ‘‘(1) IN GENERAL.—An organization eligible to 

15 receive a grant under subsection (a) shall specify 

16 matching contributions that shall be made available 

17 in an amount equal to not less than 25 percent of 

18 the funds provided for the project or activity. 

19 ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The 

20 cash value of services provided to the beneficiaries or 

21 clients of an eligible organization by an entity other 

22 than the organization may count toward the con23 tributions in paragraph (1) only when documented 

24 by a memorandum of understanding between the orVerDate Aug 31 2005 18:58 May 27, 2007 Jkt 059196 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1518.IS S1518

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1 ganization and the other entity that such services 

2 will be provided. 

3 ‘‘(3) COUNTABLE ACTIVITIES.—The contribu4 tions required under paragraph (1) may consist of— 

5 ‘‘(A) funding for any eligible activity de6 scribed under subsection (b); and 

7 ‘‘(B) subject to paragraph (2), in-kind pro8 vision of services of any eligible activity de9 scribed under subsection (b). 

10 ‘‘(g) SELECTION CRITERIA.—The Secretary shall es11 tablish criteria for selecting recipients of grants under 

12 subsection (a), including— 

13 ‘‘(1) the participation of potential beneficiaries 

14 of the project in assessing the need for, and impor15 tance of, the project in the community; 

16 ‘‘(2) the degree to which the project addresses 

17 the most harmful housing situations present in the 

18 community; 

19 ‘‘(3) the degree of collaboration with others in 

20 the community to meet the goals described in sub21 section (a); 

22 ‘‘(4) the performance of the organization in im23 proving housing situations, taking account of the se24 verity of barriers of individuals and families served 

25 by the organization; 


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1 ‘‘(5) for organizations that have previously re2 ceived funding under this section, the extent of im3 provement in homelessness and the worst housing 

4 situations in the community since such funding 

5 began; 

6 ‘‘(6) the need for such funds, as determined by 

7 the formula established under section 427(b)(2); and 

8 ‘‘(7) any other relevant criteria as determined 

9 by the Secretary.’’; 

10 (H) in subsection (h)— 

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

12 ‘‘providing housing and other assistance to 

13 homeless persons’’ and inserting ‘‘meeting 

14 the goals described in subsection (a)’’; 

15 (ii) in paragraph (1)(B), by inserting 

16 ‘‘in the worst housing situations’’ after 

17 ‘‘homelessness’’; and 

18 (iii) in paragraph (2), by inserting ‘‘in 

19 the worst housing situations’’ after ‘‘home20 lessness’’; 

21 (I) in subsection (k)(1), by striking ‘‘rural 

22 homelessness grant program’’ and inserting 

23 ‘‘rural housing stability grant program’’; 

24 (J) in subsection (l)— 


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1 (i) by striking the subsection heading 

2 and inserting ‘‘PROGRAM FUNDING.—’’; 

3 and 

4 (ii) by striking paragraph (1) and in5 serting the following: 

6 ‘‘(1) IN GENERAL.—The Secretary shall deter7 mine the total amount of funding attributable under 

8 both section 427(b)(2) and section 1003(h) to meet 

9 the needs of any geographic area in the Nation that 

10 applies for funding under this section. The Secretary 

11 shall transfer any amounts determined under this 

12 subsection from the Community Homeless Assist13 ance Program and the grant program under section 

14 1002 and consolidate such transferred amounts for 

15 grants under this section.’’; and 

16 (K) by adding at the end the following: 

17 ‘‘(m) DIVISION OF FUNDS.— 

18 ‘‘(1) AGREEMENT AMONG GEOGRAPHIC

19 AREAS.—If the Secretary receives an application or 

20 applications to provide services in a geographic area 

21 under this subtitle, and also under subtitle C and 

22 title X, the Secretary shall consult with all appli23 cants from the geographic area to determine whether 

24 all agree to proceed under either this subtitle or 

25 under subtitle C and title X. 


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1 ‘‘(2) DEFAULT IF NO AGREEMENT.—If no 

2 agreement is reached under paragraph (1), the Sec3 retary shall proceed under this subtitle, or under 

4 subtitle C and title X, depending on which results in 

5 the largest total grant funding to the geographic 

6 area.’’. 

7 SEC. 8. FUNDS TO PREVENT HOMELESSNESS AND STA8 BILIZE HOUSING FOR PRECARIOUSLY 

9 HOUSED INDIVIDUALS AND FAMILIES. 

10 The McKinney-Vento Homeless Assistance Act (42 

11 U.S.C. 11301 et seq.) is amended by inserting after title 

12 IX the following: 

13 ‘‘TITLE X—PREVENTING HOME14 LESSNESS AND STABILIZING 

15 HOUSING FOR PRECAR16 IOUSLY HOUSED INDIVID17 UALS AND FAMILIES 

18 ‘‘SEC. 1001. PURPOSES. 

19 ‘‘The purposes of this title are— 

20 ‘‘(1) to assist local communities to stabilize the 

21 housing of individuals and families who are most at 

22 risk of homelessness; and 

23 ‘‘(2) to improve the ability of publicly funded 

24 institutions to avoid homelessness among individuals 

25 and families leaving the institutions. 


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1 ‘‘SEC. 1002. COMMUNITY HOMELESSNESS PREVENTION AND 

2 HOUSING STABILITY. 

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

4 to recipients, on a competitive basis using the selection 

5 criteria described in section 1006, to carry out eligible ac6 tivities under this title, for projects that meet the program 

7 requirements established under section 1005. 

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

9 The Secretary shall release a Notification of Funding 

10 Availability for grants awarded under this title for a fiscal 

11 year not later than 3 months after the date of enactment 

12 of the appropriate Act making appropriations for the De13 partment of Housing and Urban Development for the fis14 cal year. 

15 ‘‘(c) COLLABORATIVE APPLICANT.— 

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

17 as such term is defined in section 401, shall for pur18 poses of this title have the same responsibilities as 

19 set forth under section 402. 

20 ‘‘(2) DUAL ROLE ENCOURAGED.—The Sec21 retary shall encourage the same entity which serves 

22 as a collaborative applicant for purposes of subtitle 

23 C of title IV to serve as a collaborative applicant for 

24 purposes of this title. 

25 ‘‘(d) APPLICATIONS.— 


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1 ‘‘(1) SUBMISSION TO THE SECRETARY.—A col2 laborative applicant shall submit an application to 

3 the Secretary at such time and in such manner as 

4 the Secretary may require, and containing such in5 formation as the Secretary determines necessary to 

6 determine if the applicant is in compliance with— 

7 ‘‘(A) program requirements established 

8 under section 1005; 

9 ‘‘(B) the selection criteria described in sec10 tion 1006; and 

11 ‘‘(C) the priorities for funding projects in 

12 the geographic area under this title. 

13 ‘‘(2) COORDINATION WITH COMMUNITY HOME14 LESS ASSISTANCE PROGRAM.—The Secretary shall, 

15 to the maximum extent feasible, coordinate the ap16 plication process under this section with the applica17 tion processes for programs under subtitles B and C 

18 of title IV. 

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. 


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1 ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL AP2 PLICANTS.—The Secretary may renew funding for a spe3 cific project previously funded under this title that the 

4 Secretary determines is effective at preventing homeless5 ness, and was included as part of a total application that 

6 met the criteria of subsection (d)(1), even if the applica7 tion was not selected to receive grant assistance. The Sec8 retary may renew the funding for a period of not more 

9 than 1 year, and under such conditions as the Secretary 

10 determines to be appropriate. 

11 ‘‘(f) MORE THAN 1 APPLICATION FOR A GEO12 GRAPHIC AREA.—If more than 1 collaborative applicant 

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

14 award funds to the collaborative applicant with the highest 

15 score based on the selection criteria set forth in section 

16 1006. 

17 ‘‘SEC. 1003. ELIGIBLE ACTIVITIES. 

18 ‘‘The Secretary may award grants to qualified recipi19 ents under section 1002 to carry out homeless prevention 

20 projects that consist of 1 or more of the following eligible 

21 activities: 

22 ‘‘(1) Leasing of property, or portions of prop23 erty, not owned by the recipient involved, for use in 

24 providing short-term or medium-term housing to 


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1 people at risk of homelessness, or providing sup2 portive services to people at risk of homelessness. 

3 ‘‘(2) Provision of rental assistance to provide 

4 short-term or medium-term housing to people at risk 

5 of homelessness. The rental assistance may include 

6 tenant-based or project-based rental assistance. 

7 ‘‘(3) Payment of operating costs for housing 

8 units assisted under this title. 

9 ‘‘(4) Supportive services for people at risk of 

10 homelessness. 

11 ‘‘(5) Housing relocation or stabilization serv12 ices, including housing search, mediation or outreach 

13 to property owners, legal services, credit repair, pro14 viding security or utility deposits, rental assistance 

15 for a final month at a location, assistance with mov16 ing costs, or other activities that are effective at sta17 bilizing individuals and families in their current 

18 housing or quickly moving them to other housing. 

19 ‘‘(6) In the case of a collaborative applicant 

20 that is a legal entity payment of administrative costs 

21 related to meeting the requirements of section 

22 1002(c), for which the collaborative applicant may 

23 use not more than 3 percent of the total funds made 

24 available in the geographic area under this subtitle. 


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1 ‘‘(7) In the case of a collaborative applicant 

2 that is a unified funding agency, as such term is de3 fined under section 402, payment of administrative 

4 costs related to meeting the requirements of serving 

5 as such an agency, for which the collaborative appli6 cant may use not more than 3 percent of the total 

7 funds made available in the geographic area under 

8 this title. 

9 ‘‘SEC. 1004. ELIGIBLE CLIENTS FOR FUNDED PROJECTS. 

10 ‘‘(a) RULE OF CONSTRUCTION.—For purposes of this 

11 title, ‘individuals and families at risk of homelessness’ 

12 means individuals and families who meet all of the fol13 lowing criteria: 

14 ‘‘(1) Have incomes below 20 percent of the me15 dian for the geographic area, adjusted for household 

16 size. 

17 ‘‘(2) Have moved frequently due to economic 

18 reasons, are living in the home of another due to 

19 economic hardship, have been notified that their 

20 right to occupy their current housing or living situa21 tion will be terminated, live in severely overcrowded 

22 housing, or otherwise live in housing that has char23 acteristics associated with instability and increased 

24 risk of homelessness as determined by the Secretary. 


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1 ‘‘(3) Have insufficient resources immediately 

2 available to attain housing stability. 

3 ‘‘(b) WAIVER AUTHORITY.—The Secretary my waive 

4 any of the criteria described in subsection (a) in a geo5 graphic area upon a finding that all individuals and fami6 lies who meet such criteria in the geographic area will be 

7 served under this title, and that individuals and families 

8 in the geographic area who do not meet the criteria de9 scribed in subsection (a) remain at risk of homelessness. 

10 ‘‘SEC. 1005. PROGRAM REQUIREMENTS. 

11 ‘‘The program requirements set forth under section 

12 426 shall apply to projects funded under this title. 

13 ‘‘SEC. 1006. SELECTION CRITERIA. 

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

15 to recipients by a national competition based on criteria 

16 established by the Secretary. 

17 ‘‘(b) REQUIRED CRITERIA.—The criteria established 

18 under subsection (a) shall include— 

19 ‘‘(1) the previous performance of the recipient 

20 regarding stabilizing housing and preventing home21 lessness, measured by criteria that shall be an22 nounced by the Secretary, that shall take into ac23 count barriers faced by individuals and families at 

24 risk of homelessness; 


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1 ‘‘(2) the plan of the recipient, which shall de2 scribe— 

3 ‘‘(A) how the number of individuals and 

4 families who become homeless will be reduced in 

5 the community; and 

6 ‘‘(B) how the length of time that individ7 uals and families remain homeless will be re8 duced; 

9 ‘‘(3) all of the criteria established under section 

10 427(b)(1)(B)(iii); 

11 ‘‘(4) the methodology used by the recipient to 

12 determine the priority for funding local projects 

13 under section 1002(d)(1), including use of the same 

14 methodology used in section 427(b)(1)(C); 

15 ‘‘(5) the degree to which services are to be pro16 vided by the recipient to those individuals and fami17 lies most at risk of homelessness; and 

18 ‘‘(6) all of the criteria established under— 

19 ‘‘(A) subparagraphs (D) through (J) of 

20 subsection (b)(1) of section 427; and 

21 ‘‘(B) subsection (b)(2) of section 427. 

22 ‘‘SEC. 1007. ELIGIBLE GRANT RECIPIENTS. 

23 ‘‘The Secretary may make grants under this title to 

24 States, local governments, or nonprofit corporations. 


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1 ‘‘SEC. 1008. MATCHING REQUIREMENT. 

2 ‘‘(a) IN GENERAL.—A collaborative applicant in a ge3 ographic area in which funds are awarded under this title 

4 shall specify contributions that shall be made available in 

5 that geographic area, in an amount equal to not less than 

6 25 percent of the Federal funds provided under the grant, 

7 except that when services are provided to individuals and 

8 families who are or were within the past 2 years residents 

9 of institutions or systems of care funded, in whole or in 

10 part, by State or local government, including prison, jail, 

11 child welfare, and hospitals (including mental hospitals), 

12 for periods exceeding 2 years, then the collaborative appli13 cant shall specify contributions that shall be made avail14 able in an amount equal to not less than 60 percent of 

15 the Federal funds provided under the grant. 

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

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

18 recipient of a grant under this title by an entity other than 

19 the recipient may count toward the contributions in sub20 section (a) only when documented by a memorandum of 

21 understanding between the recipient and the other entity 

22 that such services will be provided. 

23 ‘‘(c) COUNTABLE ACTIVITIES.—– The contributions 

24 required under subsection (a) may consist of— 

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

26 under section 423 or section 1003; and 


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

2 of services of any eligible activity described under 

3 section 423 or section 1003. 

4 ‘‘SEC. 1009. REGULATIONS. 

5 ‘‘The Secretary shall promulgate regulations to carry 

6 out this title. 

7 ‘‘SEC. 1010. REPORT TO CONGRESS. 

8 ‘‘Not later than 1 year after the date of enactment 

9 of the Community Partnership to End Homelessness Act 

10 of 2007, the Secretary shall report to Congress on the ac11 complishments of the program in this title. 

12 ‘‘SEC. 1011. AUTHORIZATION OF APPROPRIATIONS. 

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

14 this title $250,000,000 for fiscal year 2008, and such 

15 sums as may be necessary for fiscal years 2009, 2010, 

16 2011, and 2012.’’. 

17 SEC. 9. REPEALS AND CONFORMING AMENDMENTS. 

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

19 the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

20 11391 et seq., 11401 et seq., and 11403 et seq.) are re21 pealed. 

22 (b) CONFORMING AMENDMENT.—Subtitle G of title 

23 IV of the McKinney-Vento Homeless Assistance Act (42 

24 U.S.C. 11408 et seq.) is amended by redesignating sub25 title G as subtitle D. 


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1 SEC. 10. EFFECTIVE DATE. 

2 This Act shall take effect 6 months after the date 

3 of enactment of this Act. 

Æ 


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