II 

Calendar No. 463 

110TH CONGRESS 

1ST SESSION S. 1518 

[Report No. 110–216] 

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, Mrs. BOXER, Mr. LIEBERMAN, 

Mr. REID, Ms. KLOBUCHAR, Mr. MENENDEZ, Ms. CANTWELL, Ms. 

SNOWE, Mr. LAUTENBERG, Mr. SALAZAR, Mr. SUNUNU, Mr. DORGAN, 

Mr. OBAMA, Ms. STABENOW, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

NOVEMBER 1, 2007 

Reported by Mr. DODD, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Community Partnership to End Homelessness Act of 

4 2007’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 

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. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 Section 102 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11301) is amended to read as follows: 

10 ‘‘SEC. 102. FINDINGS AND PURPOSE. 

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

12 ‘‘(1) the United States faces a crisis of individ13 uals and families who lack basic affordable housing 

14 and appropriate shelter; 

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

16 an important factor in the success of efforts by 

17 State and local governments and the private sector 

18 to address the problem of homelessness in a com19 prehensive manner; 


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1 ‘‘(3) there are several Federal Government pro2 grams to assist persons experiencing homelessness, 

3 including programs for individuals with disabilities, 

4 veterans, children, and youth; 

5 ‘‘(4) homeless assistance programs must be 

6 evaluated on the basis of their effectiveness in reduc7 ing homelessness, transitioning individuals and fami8 lies to permanent housing and stability, and opti9 mizing their self-sufficiency; 

10 ‘‘(5) States and units of general local govern11 ment receiving Federal block grant and other Fed12 eral grant funds must be evaluated on the basis of 

13 their effectiveness in— 

14 ‘‘(A) implementing plans to appropriately 

15 discharge individuals to and from mainstream 

16 service systems; and 

17 ‘‘(B) reducing barriers to participation in 

18 mainstream programs, as identified in— 

19 ‘‘(i) a report by the Government Ac20 countability Office entitled ‘Homelessness: 

21 Coordination and Evaluation of Programs 

22 Are Essential’, issued February 26, 1999; 

23 or 

24 ‘‘(ii) a report by the Government Ac25 countability Office entitled ‘Homelessness: 


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1 Barriers to Using Mainstream Programs’, 

2 issued July 6, 2000; 

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

4 should provide a comprehensive housing system (in5 cluding permanent housing and, as needed, transi6 tional housing) that recognizes that, while some indi7 viduals and families experiencing homelessness at8 tain economic viability and independence utilizing 

9 transitional housing and then permanent housing, 

10 others can reenter society directly and optimize self11 sufficiency through acquiring permanent housing; 

12 ‘‘(7) supportive housing activities include the 

13 provision of permanent housing or transitional hous14 ing, and appropriate supportive services, in an envi15 ronment that can meet the short-term or long-term 

16 needs of persons experiencing homelessness as they 

17 reintegrate into mainstream society; 

18 ‘‘(8) homeless housing and supportive services 

19 programs within a community are most effective 

20 when they are developed and operated as part of an 

21 inclusive, collaborative, locally driven homeless plan22 ning process that involves as decision makers per23 sons experiencing homelessness, advocates for per24 sons experiencing homelessness, service organizaVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 tions, government officials, business persons, neigh2 borhood advocates, and other community members; 

3 ‘‘(9) homelessness should be treated as a symp4 tom of many neighborhood, community, and system 

5 problems, whose remedies require a comprehensive 

6 approach integrating all available resources; 

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

8 particularly nonprofit organizations, that have suc9 cessfully operated outcome-effective homeless pro10 grams; 

11 ‘‘(11) Federal homeless assistance should sup12 plement other public and private funding provided 

13 by communities for housing and supportive services 

14 for low-income households; 

15 ‘‘(12) the Federal Government has a responsi16 bility to establish partnerships with State and local 

17 governments and private sector entities to address 

18 comprehensively the problems of homelessness; and 

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

20 for persons experiencing homelessness have been 

21 positive. 

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

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

24 process for allocating and administering funds under 

25 title IV; 


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1 ‘‘(2) to encourage comprehensive, collaborative 

2 local planning of housing and services programs for 

3 persons experiencing homelessness; 

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

5 public and private sectors on ending and preventing 

6 homelessness; 

7 ‘‘(4) to provide funds for programs to assist in8 dividuals and families in the transition from home9 lessness, and to prevent homelessness for those vul10 nerable to homelessness; 

11 ‘‘(5) to consolidate the separate homeless assist12 ance programs carried out under title IV (consisting 

13 of the supportive housing program and related inno14 vative programs, the safe havens program, the sec15 tion 8 assistance program for single-room occupancy 

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

17 single program with specific eligible activities; 

18 ‘‘(6) to allow flexibility and creativity in re19 thinking solutions to homelessness, including alter20 native housing strategies, outcome-effective service 

21 delivery, and the involvement of persons experiencing 

22 homelessness in decision-making regarding opportu23 nities for their long-term stability, growth, well24 being, and optimum self-sufficiency; and 


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

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

3 human services, employment, and education assist4 ance, as appropriate for the missions of the agencies, 

5 to persons experiencing homelessness, through the 

6 funding provided for implementation of programs 

7 carried out under this Act and other programs tar8 geted for persons experiencing homelessness, and 

9 mainstream funding, and to promote coordination 

10 among those Federal agencies, including providing 

11 funding for a United States Interagency Council on 

12 Homelessness to advance such coordination.’’. 

13 SEC. 3. UNITED STATES INTERAGENCY COUNCIL ON HOME14 LESSNESS. 

15 Title II of the McKinney-Vento Homeless Assistance 

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

17 (1) in section 201 (42 U.S.C. 11311), by strik18 ing the period at the end and inserting the following: 

19 ‘‘whose mission shall be to develop and coordinate 

20 the implementation of a national strategy to prevent 

21 and end homelessness while maximizing the effec22 tiveness of the Federal Government in contributing 

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

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

25 (A) in subsection (a)— 


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

2 ‘‘(19)’’; and 

3 (ii) by inserting after paragraph (15) 

4 the following: 

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

6 the designee of the Commissioner. 

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

8 States, or the designee of the Attorney General. 

9 ‘‘(18) The Director of the Office of Manage10 ment and Budget, or the designee of the Director.’’; 

11 (B) in subsection (c), by striking ‘‘annu12 ally’’ and inserting ‘‘2 times each year’’; and 

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

14 ‘‘(e) ADMINISTRATION.—The Assistant to the Presi15 dent for Domestic Policy within the Executive Office of 

16 the President shall oversee the functioning of the United 

17 States Interagency Council on Homelessness to ensure 

18 Federal interagency collaboration and program coordina19 tion to focus on preventing and ending homelessness, to 

20 increase access to mainstream programs (as identified in 

21 a report by the Government Accountability Office entitled 

22 ‘Homelessness: Barriers to Using Mainstream Programs’, 

23 issued July 6, 2000) by persons experiencing homeless24 ness, to eliminate the barriers to participation in those 

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


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1 homelessness, and to identify Federal resources that can 

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

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

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

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

6 (3), (4), (5), (8), (9), and (10), respectively; 

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

8 redesignated by subparagraph (A), the fol9 lowing: 

10 ‘‘(1) not later than 1 year after the date of en11 actment of the Community Partnership to End 

12 Homelessness Act of 2007, develop and submit to 

13 the President and to Congress a National Strategic 

14 Plan to End Homelessness;’’; 

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

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

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

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

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

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

22 ‘‘(6) encourage the creation of State Inter23 agency Councils on Homelessness and the formula24 tion of multi-year plans to end homelessness at 

25 State, city, and county levels; 


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

2 persons experiencing homelessness to all Federal, 

3 State, and local programs for which the persons are 

4 eligible, and to verify collaboration among entities 

5 within a community that receive Federal funding 

6 under programs targeted for persons experiencing 

7 homelessness, and other programs for which persons 

8 experiencing homelessness are eligible, including 

9 mainstream programs identified by the Government 

10 Accountability Office in the 2 reports described in 

11 section 102(a)(5)(B);’’; and 

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

13 and inserting the following: 

14 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

18 and 2012.’’. 

19 SEC. 4. HOUSING ASSISTANCE GENERAL PROVISIONS. 

20 Subtitle A of title IV of the McKinney-Vento Home21 less Assistance Act (42 U.S.C. 11361 et seq.) is amend22 ed— 

23 (1) by striking the subtitle heading and insert24 ing the following: 


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1 ‘‘Subtitle A—General Provisions’’; 

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

3 11361) as section 403; 

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

5 11362) as section 406; 

6 (4) by inserting before section 403 (as redesig7 nated in paragraph (2)) the following: 

8 ‘‘SEC. 401. DEFINITIONS. 

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

10 ‘‘(1) CHRONICALLY HOMELESS.— 

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

12 homeless’, used with respect to an individual or 

13 family, means an individual or family who— 

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

15 a place not meant for human habitation or 

16 in an emergency shelter; 

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

18 residing in a place not meant for human 

19 habitation or in an emergency shelter con20 tinuously for at least 1 year or on at least 

21 4 separate occasions in the last 3 years; 

22 and 

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

24 with a diagnosable substance use disorder, 

25 serious mental illness, developmental disVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 ability (as defined in section 102 of the 

2 Developmental Disabilities Assistance and 

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

4 15002)), or chronic physical illness or dis5 ability, including the co-occurrence of 2 or 

6 more of those conditions. 

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

8 ‘collaborative applicant’ means an entity that— 

9 ‘‘(A) carries out the duties specified in sec10 tion 402; 

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

12 sponsors who jointly submit a single application 

13 for a grant under subtitle C in accordance with 

14 a collaborative process; and 

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

16 awarded such grant, receives such grant di17 rectly from the Secretary. 

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

19 ‘collaborative application’ means an application for a 

20 grant under subtitle C that— 

21 ‘‘(A) satisfies section 422; and 

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

23 collaborative applicant. 

24 ‘‘(4) CONSOLIDATED PLAN.—The term ‘Con25 solidated Plan’ means a comprehensive housing afVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 fordability strategy and community development 

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

3 Regulations. 

4 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means, with respect to a subtitle, a public enti6 ty, a private entity, or an entity that is a combina7 tion of public and private entities, that is eligible to 

8 receive directly grant amounts under that subtitle. 

9 ‘‘(6) GEOGRAPHIC AREA.—The term ‘geo10 graphic area’ means a State, metropolitan city, 

11 urban county, town, village, or other nonentitlement 

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

13 United States, as described in section 106 of the 

14 Housing and Community Development Act of 1974 

15 (42 U.S.C. 5306). 

16 ‘‘(7) HOMELESS INDIVIDUAL WITH A DIS17 ABILITY.— 

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

19 individual with a disability’ means an individual 

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

21 has a disability that— 

22 ‘‘(i)(I) is expected to be long-con23 tinuing or of indefinite duration; 

24 ‘‘(II) substantially impedes the indi25 vidual’s ability to live independently; 


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1 ‘‘(III) could be improved by the provi2 sion of more suitable housing conditions; 

3 and 

4 ‘‘(IV) is a physical, mental, or emo5 tional impairment, including an impair6 ment caused by alcohol or drug abuse; 

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

8 defined in section 102 of the Develop9 mental Disabilities Assistance and Bill of 

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

11 ‘‘(iii) is the disease of acquired im12 munodeficiency syndrome or any condition 

13 arising from the etiologic agency for ac14 quired immunodeficiency syndrome. 

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

16 subparagraph (A) shall be construed to limit 

17 eligibility under clause (i) or (ii) of subpara18 graph (A). 

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

20 means— 

21 ‘‘(A) an entity described in section 

22 501(c)(3) of the Internal Revenue Code of 1986 

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

24 that Code; 


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

2 government; or 

3 ‘‘(C) a consortium of instrumentalities of 

4 State or local governments that has constituted 

5 itself as an entity. 

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

7 NONENTITLEMENT AREA.—The terms ‘metropolitan 

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

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

10 the Housing and Community Development Act of 

11 1974 (42 U.S.C. 5302(a)). 

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

13 to housing, means housing for which no assistance 

14 has been provided under this title. 

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

16 costs’ means expenses incurred by a project sponsor 

17 operating transitional housing or permanent housing 

18 under this title with respect to— 

19 ‘‘(A) the administration, maintenance, re20 pair, and security of such housing; 

21 ‘‘(B) utilities, fuel, furnishings, and equip22 ment for such housing; or 

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

24 ensure long-term housing stability. 


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

2 term ‘outpatient health services’ means outpatient 

3 health care services, mental health services, and out4 patient substance abuse treatment services. 

5 ‘‘(13) PERMANENT HOUSING.—The term ‘per6 manent housing’ means community-based housing 

7 without a designated length of stay, and includes 

8 permanent supportive housing for homeless individ9 uals with disabilities and homeless families that in10 clude such an individual who is an adult. 

11 ‘‘(14) PRIVATE NONPROFIT ORGANIZATION.— 

12 The term ‘private nonprofit organization’ means an 

13 organization— 

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

15 inures to the benefit of any member, founder, 

16 contributor, or individual; 

17 ‘‘(B) that has a voluntary board; 

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

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

21 ‘‘(D) that practices nondiscrimination in 

22 the provision of assistance. 

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

24 respect to activities carried out under subtitle C, 

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


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1 undertaken pursuant to a specific endeavor, such as 

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

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

6 assistance provided pursuant to a contract that— 

7 ‘‘(A) is between— 

8 ‘‘(i) a project sponsor; and 

9 ‘‘(ii) an owner of a structure that ex10 ists as of the date the contract is entered 

11 into; and 

12 ‘‘(B) provides that rental assistance pay13 ments shall be made to the owner and that the 

14 units in the structure shall be occupied by eligi15 ble persons for not less than the term of the 

16 contract. 

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

18 sponsor’, used with respect to proposed eligible ac19 tivities, means the organization directly responsible 

20 for the proposed eligible activities. 

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

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

23 who— 


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

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

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

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

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

8 projects; or 

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

10 to carry out the projects. 

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

12 means the Secretary of Housing and Urban Develop13 ment. 

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

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

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

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

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

21 the District of Columbia, the Commonwealth of 

22 Puerto Rico, the United States Virgin Islands, 

23 Guam, American Samoa, the Commonwealth of the 

24 Northern Mariana Islands, the Trust Territory of 


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1 the Pacific Islands, and any other territory or pos2 session of the United States. 

3 ‘‘(22) SUPPORTIVE SERVICES.—The term ‘sup4 portive services’ means the supportive services de5 scribed in section 425(c). 

6 ‘‘(23) TENANT-BASED.—The term ‘tenant7 based’, used with respect to rental assistance, means 

8 assistance that allows an eligible person to select a 

9 housing unit in which such person will live using 

10 rental assistance provided under subtitle C, except 

11 that if necessary to assure that the provision of sup12 portive services to a person participating in a pro13 gram is feasible, a recipient or project sponsor may 

14 require that the person live— 

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

16 not more than the first year of the participa17 tion; and 

18 ‘‘(B) within a particular geographic area 

19 for the full period of the participation, or the 

20 period remaining after the period referred to in 

21 subparagraph (A). 

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

23 ‘transitional housing’ means housing, the purpose of 

24 which is to facilitate the movement of individuals 

25 and families experiencing homelessness to permanent 


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1 housing within 24 months or such longer period as 

2 the Secretary determines necessary. 

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

4 ‘unified funding agency’ means a collaborative appli5 cant that performs the duties described in section 

6 402(f). 

7 ‘‘SEC. 402. COLLABORATIVE APPLICANTS. 

8 ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A col9 laborative applicant shall be established for a geographic 

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

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

12 this subtitle; and 

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

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

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

16 An entity may be established to serve as a collaborative 

17 applicant under this section without being a legal entity. 

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

19 a collaborative applicant for a geographic area does not 

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

21 collaborative applicant for a geographic area, the Sec22 retary may take remedial action to ensure fair distribution 

23 of grant amounts under subtitle C to eligible entities with24 in that area. Such measures may include designating anVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 other body as a collaborative applicant, or permitting 

2 other eligible entities to apply directly for grants. 

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

4 be construed to displace conflict of interest or government 

5 fair practices laws, or their equivalent, that govern appli6 cants for grant amounts under subtitles B and C. 

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

8 ‘‘(1) design a collaborative process for the de9 velopment of an application under subtitle C, and 

10 for evaluating the outcomes of projects for which 

11 funds are awarded under subtitle B, in such a man12 ner as to provide information necessary for the Sec13 retary— 

14 ‘‘(A) to determine compliance with— 

15 ‘‘(i) the program requirements under 

16 section 425; and 

17 ‘‘(ii) the selection criteria described 

18 under section 427; and 

19 ‘‘(B) to establish priorities for funding 

20 projects in the geographic area involved; 

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

22 the geographic area served by the collaborative ap23 plicant; and 

24 ‘‘(3) ensure operation of, and consistent partici25 pation by, project sponsors in a community-wide 


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1 homeless management information system for pur2 poses of — 

3 ‘‘(A) collecting unduplicated counts of indi4 viduals and families experiencing homelessness; 

5 ‘‘(B) analyzing patterns of use of assist6 ance provided under subtitles B and C for the 

7 geographic area involved; and 

8 ‘‘(C) providing information to project spon9 sors and applicants for needs analyses and 

10 funding priorities. 

11 ‘‘(f) UNIFIED FUNDING.— 

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

13 described in subsection (e), a collaborative applicant 

14 shall receive from the Secretary and distribute to 

15 other project sponsors in the applicable geographic 

16 area funds for projects to be carried out by such 

17 other project sponsors, if— 

18 ‘‘(A) the collaborative applicant— 

19 ‘‘(i) applies to undertake such collec20 tion and distribution responsibilities in an 

21 application submitted under this subtitle; 

22 and 

23 ‘‘(ii) is selected to perform such re24 sponsibilities by the Secretary; or 


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1 ‘‘(B) the Secretary designates the collabo2 rative applicant as the unified funding agency 

3 in the geographic area, after— 

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

5 the applicant— 

6 ‘‘(I) has the capacity to perform 

7 such responsibilities; and 

8 ‘‘(II) would serve the purposes of 

9 this Act as they apply to the geo10 graphic area; and 

11 ‘‘(ii) the Secretary provides the col12 laborative applicant with the technical as13 sistance necessary to perform such respon14 sibilities as such assistance is agreed to by 

15 the collaborative applicant. 

16 ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND17 ING AGENCY.—A collaborative applicant that is ei18 ther selected or designated as a unified funding 

19 agency for a geographic area under paragraph (1) 

20 shall— 

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

22 funded by a grant received under subtitle C to 

23 establish such fiscal control and fund account24 ing procedures as may be necessary to assure 

25 the proper disbursal of, and accounting for, 


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1 Federal funds awarded to the project sponsor 

2 under subtitle C in order to ensure that all fi3 nancial transactions carried out under subtitle 

4 C are conducted, and records maintained, in ac5 cordance with generally accepted accounting 

6 principles; and 

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

8 or evaluation of the financial records of each 

9 project carried out by a project sponsor funded 

10 by a grant received under subtitle C. 

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

12 a collaborative applicant may participate in decisions of 

13 the collaborative applicant concerning the award of a 

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

15 member or the organization that such member rep16 resents.’’; 

17 (5) by inserting after section 403 (as redesig18 nated in paragraph (2)) the following: 

19 ‘‘SEC. 404. TECHNICAL ASSISTANCE. 

20 ‘‘(a) TECHNICAL ASSISTANCE FOR PROJECT SPON21 SORS.—The Secretary shall make effective technical as22 sistance available to private nonprofit organizations and 

23 other nongovernmental entities, States, metropolitan cit24 ies, urban counties, and counties that are not urban coun25 ties that are potential project sponsors, in order to impleVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 ment effective planning processes for preventing and end2 ing homelessness, to optimize self-sufficiency among indi3 viduals experiencing homelessness, and to improve their 

4 capacity to become project sponsors. 

5 ‘‘(b) TECHNICAL ASSISTANCE FOR COLLABORATIVE

6 APPLICANTS.—The Secretary shall make effective tech7 nical assistance available to collaborative applicants— 

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

9 duties required under subsections (e) and (f) of sec10 tion 402; 

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

12 strategies for preventing and ending homelessness in 

13 their geographic areas consistent with the provisions 

14 of this title; and 

15 ‘‘(3) to design and implement a community16 wide process for assessing the performance of the 

17 applicant and project sponsors in meeting the pur18 poses of this Act. 

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

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

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

22 available technical assistance under subsections (a) and 

23 (b). 


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1 ‘‘SEC. 405. APPEALS. 

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

3 the date of enactment of the Community Partnership to 

4 End Homelessness Act of 2007, the Secretary shall estab5 lish a timely appeal procedure for grant amounts awarded 

6 or denied under this subtitle pursuant to an application 

7 for funding. 

8 ‘‘(b) PROCESS.—The Secretary shall ensure that ap9 peals procedure established under subsection (a) permits 

10 appeals submitted by— 

11 ‘‘(1) collaborative applicants; 

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

13 services projects (including emergency shelters and 

14 homelessness prevention programs); and 

15 ‘‘(3) homeless planning bodies not established 

16 as collaborative applicants.’’; and 

17 (6) by inserting after section 406 (as redesig18 nated in paragraph (2)) the following: 

19 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

23 2011, and 2012.’’. 


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1 SEC. 5. EMERGENCY HOMELESSNESS PREVENTION AND 

2 SHELTER GRANTS PROGRAM. 

3 Subtitle B of title IV of the McKinney-Vento Home4 less Assistance Act (42 U.S.C. 11371 et seq.) is amend5 ed— 

6 (1) by striking the subtitle heading and insert7 ing the following: 

8 ‘‘Subtitle B—Emergency Homeless9 ness Prevention and Shelter 

10 Grants Program’’; 

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

12 and inserting the following: 

13 ‘‘SEC. 412. GRANT ASSISTANCE. 

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

15 governments (and to private nonprofit organizations pro16 viding assistance to persons experiencing homelessness, in 

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

18 purpose of carrying out activities described in section 414. 

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

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

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

22 the Secretary shall allocate nationally not less than 10 nor 

23 more than 15 percent of such amount for activities de24 scribed in section 414. 

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

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


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

2 by collaborative applicants that submit applications under 

3 subtitle C, shall allocate the funds made available through 

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

5 in consultation with the collaborative applicants.’’; 

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

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

8 through ‘‘for any’’ and inserting ‘‘amounts appro9 priated under section 407 and made available to 

10 carry out this subtitle for any’’; 

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

12 and inserting the following: 

13 ‘‘SEC. 414. ELIGIBLE ACTIVITIES. 

14 ‘‘Assistance provided under section 412 may be used 

15 for the following activities: 

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

17 conversion of buildings to be used as emergency 

18 shelters. 

19 ‘‘(2) The provision of essential services, includ20 ing services concerned with employment, health, edu21 cation, family support services for homeless youth, 

22 alcohol or drug abuse prevention or treatment, or 

23 mental health treatment, if such essential services 

24 have not been provided by the local government dur25 ing any part of the immediately preceding 12-month 


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1 period, or the use of assistance under this subtitle 

2 would complement the provision of those essential 

3 services. 

4 ‘‘(3) Maintenance, operation, insurance, provi5 sion of utilities, and provision of furnishings. 

6 ‘‘(4) Housing relocation or stabilization services 

7 for individuals and families at risk of homelessness, 

8 including housing search, mediation or outreach to 

9 property owners, legal services, credit repair, pro10 viding security or utility deposits, short- or medium11 term rental assistance, assistance with moving costs, 

12 or other activities that are effective at— 

13 ‘‘(A) stabilizing individuals and families in 

14 their current housing; or 

15 ‘‘(B) quickly moving such individuals and 

16 families to other housing before such individ17 uals and families become homeless.’’; 

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

19 and 

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

21 SEC. 6. HOMELESS ASSISTANCE PROGRAM. 

22 Subtitle C of title IV of the McKinney-Vento Home23 less Assistance Act (42 U.S.C. 11381 et seq.) is amend24 ed— 


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1 (1) by striking the subtitle heading and insert2 ing the following: 

3 ‘‘Subtitle C—Homeless Assistance 

4 Program’’; 

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

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

7 ‘‘SEC. 421. PURPOSES. 

8 ‘‘The purposes of this subtitle are— 

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

10 to the goal of ending homelessness; 

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

12 providers and State and local governments to quickly 

13 rehouse homeless individuals and families while 

14 minimizing the trauma and dislocation caused to in15 dividuals, families, and communities by homeless16 ness; 

17 ‘‘(3) to promote access to, and effective utiliza18 tion of, mainstream programs identified by the Gov19 ernment Accountability Office in the 2 reports de20 scribed in section 102(a)(5)(B) and programs fund21 ed with State or local resources; and 

22 ‘‘(4) to optimize self-sufficiency among individ23 uals and families experiencing homelessness. 


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

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

3 on a competitive basis, and using the selection criteria de4 scribed in section 427, to carry out eligible activities under 

5 this subtitle for projects that meet the program require6 ments under section 426, either by directly awarding 

7 funds to project sponsors or by awarding funds to unified 

8 funding agencies. 

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

10 The Secretary shall release a Notification of Funding 

11 Availability for grants awarded under this subtitle for a 

12 fiscal year not later than 3 months after the date of enact13 ment of the appropriate Act making appropriations for the 

14 Department of Housing and Urban Development for the 

15 fiscal year. 

16 ‘‘(c) APPLICATIONS.— 

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

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

19 project sponsor or unified funding agency in a geo20 graphic area shall submit an application to the Sec21 retary at such time and in such manner as the Sec22 retary may require, and containing— 

23 ‘‘(A) such information as the Secretary de24 termines necessary— 


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1 ‘‘(i) to determine compliance with the 

2 program requirements and selection cri3 teria under this subtitle; and 

4 ‘‘(ii) to establish priorities for funding 

5 projects in the geographic area. 

6 ‘‘(2) ANNOUNCEMENT OF AWARDS.—The Sec7 retary shall announce, within 4 months after the last 

8 date for the submission of applications described in 

9 this subsection for a fiscal year, the grants condi10 tionally awarded under subsection (a) for that fiscal 

11 year. 

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

13 OF FUNDS.— 

14 ‘‘(1) REQUIREMENTS FOR OBLIGATION.— 

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

16 months after the announcement referred to in 

17 subsection (c)(2), each recipient of a grant an18 nounced under such subsection shall, with re19 spect to a project to be funded through such 

20 grant, meet, or cause the project sponsor to 

21 meet, all requirements for the obligation of 

22 funds for such project, including site control, 

23 matching funds, and environmental review re24 quirements, except as provided in subparagraph 

25 (C). 


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1 ‘‘(B) ACQUISITION, REHABILITATION, OR

2 CONSTRUCTION.—Not later than 15 months 

3 after the announcement referred to in sub4 section (c)(2), each recipient of a grant an5 nounced under such subsection seeking the obli6 gation of funds for acquisition of housing, reha7 bilitation of housing, or construction of new 

8 housing for a grant announced under such sub9 section shall meet all requirements for the obli10 gation of those funds, including site control, 

11 matching funds, and environmental review re12 quirements. 

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

14 the Secretary, and in compelling circumstances, 

15 the Secretary may extend the date by which a 

16 recipient of a grant announced under subsection 

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

18 meet the requirements described in subpara19 graphs (A) and (B) if the Secretary determines 

20 that compliance with the requirements was de21 layed due to factors beyond the reasonable con22 trol of the recipient or project sponsor. Such 

23 factors may include difficulties in obtaining site 

24 control for a proposed project, completing the 

25 process of obtaining secure financing for the 


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1 project, or completing the technical submission 

2 requirements for the project. 

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

4 after a recipient meets or causes a project sponsor 

5 to meet the requirements described in paragraph 

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

7 grant involved. 

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

9 that receives funds through a grant under this sec10 tion— 

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

12 sponsors (in advance of expenditures by the 

13 project sponsors); and 

14 ‘‘(B) shall distribute the appropriate por15 tion of the funds to a project sponsor not later 

16 than 45 days after receiving a request for such 

17 distribution from the project sponsor. 

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

19 may establish a date by which funds made available 

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

21 for a homeless assistance project shall be entirely ex22 pended by the recipient or project sponsors involved. 

23 The Secretary shall recapture the funds not ex24 pended by such date. The Secretary shall reallocate 

25 the funds for another homeless assistance and preVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 vention project that meets the requirements of this 

2 subtitle to be carried out, if possible and appro3 priate, in the same geographic area as the area 

4 served through the original grant. 

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

8 Secretary determines meets the purposes of this subtitle, 

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

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

11 not selected to receive grant assistance. The Secretary 

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

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

15 ‘‘(f) CONSIDERATIONS IN DETERMINING RENEWAL

16 FUNDING.—When providing renewal funding for leasing 

17 or rental assistance for permanent housing, the Secretary 

18 shall take into account increases in the fair market rents 

19 for modest rental property in the geographic area. 

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

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

23 award funds to the collaborative applicant with the highest 

24 score based on the selection criteria set forth in section 

25 427. 


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1 ‘‘SEC. 423. ELIGIBLE ACTIVITIES. 

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

3 to project sponsors under section 422 to carry out home4 less assistance projects that consist of 1 or more of the 

5 following eligible activities: 

6 ‘‘(1) Construction of new housing units to pro7 vide transitional or permanent housing to homeless 

8 individuals and families. 

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

10 to provide supportive services or to provide transi11 tional or permanent housing, other than emergency 

12 shelter, to homeless individuals and families. 

13 ‘‘(3) Leasing of property, or portions of prop14 erty, not owned by the recipient or project sponsor 

15 involved, for use in providing transitional or perma16 nent housing to homeless individuals and families, or 

17 providing supportive services to homeless individuals 

18 and families. 

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

20 transitional or permanent housing to homeless indi21 viduals and families. The rental assistance may in22 clude tenant-based or project-based rental assist23 ance. 

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

25 units assisted under this subtitle. 


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1 ‘‘(6) Provision of supportive services to home2 less individuals and families, or individuals and fam3 ilies who in the prior 6 months have been homeless 

4 but are currently residing in permanent housing. 

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

6 housing search, mediation or outreach to property 

7 owners, credit repair, providing security or utility 

8 deposits, rental assistance for a final month at a lo9 cation, assistance with moving costs, or other activi10 ties that— 

11 ‘‘(A) are effective at moving homeless indi12 viduals and families immediately into housing; 

13 or 

14 ‘‘(B) may benefit individuals and families 

15 who in the prior 6 months have been homeless, 

16 but are currently residing in permanent hous17 ing. 

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

19 that is a legal entity, performance of the duties de20 scribed under section 402(e)(3). 

21 ‘‘(9) Operation of, participation in, and ensur22 ing consistent participation by project sponsors in, a 

23 community-wide homeless management information 

24 system. 


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

2 that is a legal entity, payment of administrative 

3 costs related to meeting the requirements described 

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

5 which the collaborative applicant may use not more 

6 than 3 percent of the total funds made available in 

7 the geographic area under this subtitle for such 

8 costs, in addition to funds used under paragraph 

9 (10). 

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

11 that is a unified funding agency under section 

12 402(f), payment of administrative costs related to 

13 meeting the requirements of that section, for which 

14 the unified funding agency may use not more than 

15 3 percent of the total funds made available in the 

16 geographic area under this subtitle for such costs, in 

17 addition to funds used under paragraph (10). 

18 ‘‘(12) Payment of administrative costs to 

19 project sponsors, for which each project sponsor may 

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

21 available to that project sponsor through this sub22 title for such costs. 

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

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

25 projects providing permanent housing. 


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1 ‘‘(c) USE RESTRICTIONS.— 

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

3 CONSTRUCTION.—A project that consists of activities 

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

5 shall be operated for the purpose specified in the ap6 plication submitted for the project under section 422 

7 for not less than 15 years. 

8 ‘‘(2) OTHER ACTIVITIES.—A project that con9 sists of activities described in any of paragraphs (3) 

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

11 the purpose specified in the application submitted 

12 for the project under section 422 for the duration of 

13 the grant period involved. 

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

15 sponsor carrying out a project that provides transi16 tional or permanent housing submits a request to 

17 the collaborative applicant or unified funding agency 

18 involved to carry out instead a project for the direct 

19 benefit of low-income persons, and the collaborative 

20 applicant or unified funding agency determines that 

21 the initial project is no longer needed to provide 

22 transitional or permanent housing, the collaborative 

23 applicant or unified funding agency may recommend 

24 that the Secretary approve the project described in 

25 the request and authorize the recipient or project 


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1 sponsor to carry out that project. If the collaborative 

2 applicant or unified funding agency is the recipient 

3 or project sponsor, it shall submit such a request di4 rectly to the Secretary who shall determine if the 

5 conversion of the project is appropriate. 

6 ‘‘(d) REPAYMENT OF ASSISTANCE AND PREVENTION

7 OF UNDUE BENEFITS.— 

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

9 sponsor receiving funds from the recipient) receives 

10 assistance under section 422 to carry out a project 

11 that consists of activities described in paragraph (1) 

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

13 provide transitional or permanent housing— 

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

15 of the project begins, the Secretary shall re16 quire the recipient (or the project sponsor re17 ceiving funds from the recipient) to repay 100 

18 percent of the assistance; or 

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

20 than 15 years, after operation of the project be21 gins, the Secretary shall require the recipient 

22 (or the project sponsor receiving funds from the 

23 recipient) to repay 20 percent of the assistance 

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

25 which the project fails to provide that housing. 


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1 ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex2 cept as provided in paragraph (3), if any property 

3 is used for a project that receives assistance under 

4 subsection (a) and consists of activities described in 

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

6 or other disposition of the property occurs before the 

7 expiration of the 15-year period beginning on the 

8 date that operation of the project begins, the recipi9 ent (or the project sponsor receiving funds from the 

10 recipient) who received the assistance shall comply 

11 with such terms and conditions as the Secretary may 

12 prescribe to prevent the recipient (or a project spon13 sor receiving funds from the recipient) from unduly 

14 benefitting from such sale or disposition. 

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

16 sponsor receiving funds from the recipient) shall not 

17 be required to make the repayments, and comply 

18 with the terms and conditions, required under para19 graph (1) or (2) if— 

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

21 used for the project results in the use of the 

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

24 ‘‘(B) all of the proceeds of the sale or dis25 position are used to provide transitional or perVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 manent housing meeting the requirements of 

2 this subtitle; or 

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

4 in the geographic area who are homeless, in 

5 which case the project may serve individuals 

6 and families at risk of homelessness under sec7 tion 1004. 

8 ‘‘SEC. 424. FLEXIBILITY INCENTIVES FOR HIGH-PER9 FORMING COMMUNITIES. 

10 ‘‘(a) DESIGNATION AS A HIGH-PERFORMING COMMU11 NITY.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall des13 ignate, on an annual basis, which collaborative appli14 cants represent high-performing communities. 

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

16 to designate a collaborative applicant as a high-per17 forming community under paragraph (1), the Sec18 retary shall establish criteria to ensure that the re19 quirements described under paragraphs (1)(B) and 

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

21 homeless individuals and families under similar cir22 cumstances, in order to encourage projects in the ge23 ographic area to serve homeless individuals and fam24 ilies with more severe barriers to housing stability. 


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1 ‘‘(3) 2-YEAR PHASE IN.—In each of the first 2 

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

3 Secretary shall designate not more than 10 collabo4 rative applicants as high-performing communities. 

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

6 the event that during the 2-year period described 

7 under paragraph (2) more than 10 collaborative ap8 plicants could qualify to be designated as high-per9 forming communities, the Secretary shall designate 

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

11 the best performance based on the criteria described 

12 under subsection (d). 

13 ‘‘(5) TIME LIMIT ON DESIGNATION.—The des14 ignation of any collaborative applicant as a high-per15 forming community under this subsection shall be 

16 effective only for the year in which such designation 

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

18 renew any such designation. 

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

20 COMMUNITY.— 

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

22 seeking designation as a high-performing community 

23 under subsection (a) shall submit an application to 

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

25 the Secretary may require. 


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1 ‘‘(2) CONTENT OF APPLICATION.—In any appli2 cation submitted under paragraph (1), a collabo3 rative applicant shall include in such application— 

4 ‘‘(A) a report showing how any money re5 ceived under this subtitle in the preceding year 

6 was expended; and 

7 ‘‘(B) information that such applicant can 

8 meet the requirements described under sub9 section (d). 

10 ‘‘(3) PUBLICATION OF APPLICATION.—The Sec11 retary shall— 

12 ‘‘(A) publish any report or information 

13 submitted in an application under this section 

14 in the geographic area represented by the col15 laborative applicant; and 

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

17 whether the collaborative applicant seeking des18 ignation as a high-performing community meets 

19 the requirements described under subsection 

20 (d). 

21 ‘‘(c) USE OF FUNDS.— 

22 ‘‘(1) BY PROJECT SPONSORS IN A HIGH-PER23 FORMING COMMUNITY.—Funds awarded under sec24 tion 422(a) to a project sponsor who is located in a 

25 high-performing community may be used— 


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1 ‘‘(A) for any of the eligible activities de2 scribed in section 423; or 

3 ‘‘(B) for any of the eligible activities de4 scribed in section 1003. 

5 ‘‘(2) COMMUNITY HOMELESSNESS PREVENTION

6 FUNDS.— 

7 ‘‘(A) IN GENERAL.—Funds used for activi8 ties that are eligible under section 1003 but not 

9 under section 423 shall be subject to— 

10 ‘‘(i) the matching requirements of sec11 tion 1008 rather than section 430; and 

12 ‘‘(ii) the other program requirements 

13 of title X rather than of this subtitle. 

14 ‘‘(B) DUTY OF SECRETARY.—The Sec15 retary shall transfer any funds awarded under 

16 section 422(a) for activities that are eligible 

17 under section 1003 but not under section 423 

18 from the account for this subtitle to the account 

19 for title X. 

20 ‘‘(d) DEFINITION OF HIGH-PERFORMING COMMU21 NITY.—For purposes of this section, the term ‘high-per22 forming community’ means a geographic area that dem23 onstrates through reliable data that all of the following 

24 4 requirements are met for that geographic area: 


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1 ‘‘(1) The mean length of episodes of homeless2 ness for that geographic area— 

3 ‘‘(A) is less than 20 days; or 

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

5 circumstances in the preceding year was at 

6 least 10 percent less than in the year before. 

7 ‘‘(2) Of individuals and families— 

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

9 percent of such individuals and families become 

10 homeless again at any time within the next 2 

11 years; or 

12 ‘‘(B) in similar circumstances who leave 

13 homelessness, the percentage of such individ14 uals and families who become homeless again 

15 within the next 2 years has decreased by at 

least 1 16 ⁄5 within the preceding year. 

17 ‘‘(3) The communities that compose the geo18 graphic area have— 

19 ‘‘(A) actively encouraged homeless individ20 uals and families to participate in homeless as21 sistance services available in that geographic 

22 area; and 

23 ‘‘(B) included each homeless individual or 

24 family who sought homeless assistance services 


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1 in the data system used by that community for 

2 determining compliance with this subsection. 

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

4 used funding awarded under section 422(a) for eligi5 ble activities described under section 1003 in pre6 vious years based on the authority granted under 

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

8 reducing the number of individuals and families who 

9 became homeless in that community. 

10 ‘‘(e) COOPERATION AMONG ENTITIES.—A collabo11 rative applicant designated as a high-performing commu12 nity under this section shall cooperate with the Secretary 

13 in distributing information about successful efforts within 

14 the geographic area represented by the collaborative appli15 cant to reduce homelessness.’’ ; 

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

17 (A) by striking subsection (a) and insert18 ing the following: 

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

20 that each application include reasonable assurances that 

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

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

23 month period beginning upon notification of an award for 

24 grant assistance, unless the application proposes providing 

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


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1 housing that will eventually be owned or controlled by the 

2 families and individuals served. An applicant may obtain 

3 ownership or control of a suitable site different from the 

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

5 sponsor receiving funds from the recipient) fails to obtain 

6 ownership or control of the site within 12 months after 

7 notification of an award for grant assistance, the grant 

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

9 (B) by striking subsection (b) and insert10 ing the following: 

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

12 not provide assistance for a proposed project under this 

13 subtitle unless the collaborative applicant involved 

14 agrees— 

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

16 accordance with the provisions of this subtitle; 

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

18 progress of the project; 

19 ‘‘(3) to ensure, to the maximum extent prac20 ticable, that individuals and families experiencing 

21 homelessness are involved, through employment, pro22 vision of volunteer services, or otherwise, in con23 structing, rehabilitating, maintaining, and operating 

24 facilities for the project and in providing supportive 

25 services for the project; 


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

2 sponsors that— 

3 ‘‘(A) they will maintain the confidentiality 

4 of records pertaining to any individual or family 

5 provided family violence prevention or treat6 ment services through the project; 

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

8 family violence shelter project assisted under 

9 this subtitle will not be made public, except 

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

12 ‘‘(C) they will establish policies and prac13 tices that are consistent with, and do not re14 strict the exercise of rights provided by, subtitle 

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

16 provision of educational and related services to 

17 individuals and families experiencing homeless18 ness; 

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

20 required by the Secretary pursuant to the Act; 

21 and 

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

23 permanent housing to people with disabilities, 

24 the housing will be provided for not more 

25 than— 


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1 ‘‘(i) 8 such persons in a single struc2 ture or contiguous structures; 

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

4 more than 20 percent of the units in a 

5 structure are designated for such persons; 

6 or 

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

8 the applicant demonstrates that local mar9 ket conditions dictate the development of a 

10 large project and such development will 

11 achieve the neighborhood integration objec12 tives of the program within the context of 

13 the affected community; 

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

15 funding agency under section 402(f) and receives 

16 funds under subtitle C to carry out the payment of 

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

18 to establish such fiscal control and fund accounting 

19 procedures as may be necessary to assure the proper 

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

21 to ensure that all financial transactions carried out 

22 with such funds are conducted, and records main23 tained, in accordance with generally accepted ac24 counting principles; 


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

2 provision of matching funds as required by section 

3 430; and 

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

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

7 (C) by redesignating subsection (d) as sub8 section (c); 

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

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

11 striking ‘‘recipient’’ and inserting ‘‘recipient or 

12 project sponsor’’; 

13 (E) by striking subsection (e); 

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

15 and (h), as subsections (d), (e), and (f), respec16 tively; 

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

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

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

20 inserting ‘‘recipient or project sponsor’’; 

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

22 (I) by redesignating subsection (j) as sub23 section (g); 

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


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

2 U.S.C. 11387, 11388) as sections 431 and 432, re3 spectively; and 

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

5 ‘‘SEC. 427. SELECTION CRITERIA. 

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

7 to recipients by a national competition between geographic 

8 areas based on criteria established by the Secretary. 

9 ‘‘(b) REQUIRED CRITERIA.— 

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

11 under subsection (a) shall include— 

12 ‘‘(A) the previous performance of the re13 cipient regarding homelessness, measured by 

14 criteria that shall be announced by the Sec15 retary, that shall take into account barriers 

16 faced by individual homeless people, and that 

17 shall include— 

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

19 families remain homeless; 

20 ‘‘(ii) the extent to which individuals 

21 and families who leave homelessness expe22 rience additional spells of homelessness; 

23 ‘‘(iii) the thoroughness of grantees in 

24 the geographic area in reaching all home25 less individuals and families; 


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1 ‘‘(iv) overall reduction in the number 

2 of homeless individuals and families; 

3 ‘‘(v) jobs and income growth for 

4 homeless individuals and families; 

5 ‘‘(vi) success at reducing the number 

6 of individuals and families who become 

7 homeless; and 

8 ‘‘(vii) other accomplishments by the 

9 recipient related to reducing homelessness; 

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

11 describe— 

12 ‘‘(i) how the number of individuals 

13 and families who become homeless will be 

14 reduced in the community; 

15 ‘‘(ii) how the length of time that indi16 viduals and families remain homeless will 

17 be reduced; and 

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

19 will— 

20 ‘‘(I) address the needs of all rel21 evant subpopulations, including— 

22 ‘‘(aa) individuals with seri23 ous mental illness, addiction dis24 orders, HIV/AIDS and other 

25 prevalent disabilities; 


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1 ‘‘(bb) families with children; 

2 ‘‘(cc) unaccompanied youth; 

3 ‘‘(dd) veterans; and 

4 ‘‘(ee) other subpopulations 

5 with a risk of becoming homeless; 

6 ‘‘(II) incorporate all necessary 

7 strategies for reducing homelessness, 

8 including the interventions referred to 

9 in section 428(d); 

10 ‘‘(III) set quantifiable perform11 ance measures; 

12 ‘‘(IV) set timelines for completion 

13 of specific tasks; 

14 ‘‘(V) identify specific funding 

15 sources for planned activities; 

16 ‘‘(VI) identify an individual or 

17 body responsible for overseeing imple18 mentation of specific strategies; 

19 ‘‘(VII) include a review of local 

20 policies and practices relating to dis21 charge planning from institutions, ac22 cess to benefits and services from 

23 mainstream government programs, 

24 and zoning and land use, to determine 

25 whether such local policies and pracVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 tices aggravate or ameliorate home2 lessness in the geographic area; 

3 ‘‘(VIII) include interventions that 

4 will help reunify families that have 

5 been split up as a result of homeless6 ness; and 

7 ‘‘(IX) incorporate the findings 

8 and recommendations of the most re9 cently completed annual assessments, 

10 conducted pursuant to section 2034 of 

11 title 38, United States Code, of the 

12 Department of Veterans Affairs med13 ical centers or regional benefits offices 

14 whose service areas include the geo15 graphic area of the recipient; 

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

17 to determine the priority for funding local 

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

19 extent to which the priority-setting process— 

20 ‘‘(i) uses periodically collected infor21 mation and analysis to determine the ex22 tent to which each project has resulted in 

23 rapid return to permanent housing for 

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1 count the severity of barriers faced by the 

2 people the project serves; 

3 ‘‘(ii) includes evaluations obtained di4 rectly from the individuals and families 

5 served by the project; 

6 ‘‘(iii) evaluates whether the population 

7 served by the project matches the priority 

8 population for that project; 

9 ‘‘(iv) is based on objective criteria 

10 that have been publicly announced by the 

11 recipient; 

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

13 that have not previously received funds 

14 under this subtitle; and 

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

16 decision-making of the recipient; 

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

18 a comprehensive understanding of the extent 

19 and nature of homelessness in the geographic 

20 area and efforts needed to combat the problem 

21 of homelessness in the geographic area; 

22 ‘‘(E) the need for the types of projects pro23 posed in the geographic area to be served and 

24 the extent to which the prioritized programs of 

25 the recipient meet such unmet needs; 


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1 ‘‘(F) the extent to which the amount of as2 sistance to be provided under this subtitle to 

3 the recipient will be supplemented with re4 sources from other public and private sources, 

5 including mainstream programs identified by 

6 the Government Accountability Office in the 2 

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

8 ‘‘(G) demonstrated coordination by the re9 cipient with the other Federal, State, local, pri10 vate, and other entities serving individuals and 

11 families experiencing homelessness and at risk 

12 of homelessness in the planning and operation 

13 of projects, to the extent practicable; 

14 ‘‘(H) the degree to which homeless individ15 uals and families in the geographic area, includ16 ing members of all relevant subpopulations list17 ed in subparagraph (B)(III)(I), are able to ac18 cess— 

19 ‘‘(i) public benefits and services for 

20 which they are eligible, besides the services 

21 funded under this subtitle, including public 

22 schools; and 

23 ‘‘(ii) the benefits and services provided 

24 by the Department of Veterans Affairs; 


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

2 views of the full range of people in the geo3 graphic area are considered, including— 

4 ‘‘(i) homeless individuals and families, 

5 individuals and families at risk of home6 lessness, and individuals and families who 

7 have experienced homelessness; 

8 ‘‘(ii) individuals associated with com9 munity-based organizations that serve 

10 homeless individuals and families and indi11 viduals and families at risk of homeless12 ness; 

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

14 the diverse subpopulations of individuals 

15 and families experiencing or at risk of 

16 homelessness; 

17 ‘‘(iv) relatives of individuals and fami18 lies experiencing or at risk of homeless19 ness; 

20 ‘‘(v) Federal, State, and local govern21 ment agency officials, particularly those of22 ficials responsible for administering fund23 ing under programs targeted for individ24 uals and families experiencing homeless25 ness, and other programs for which indiVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 viduals and families experiencing homeless2 ness are eligible, including mainstream 

3 programs identified by the Government Ac4 countability Office in the 2 reports de5 scribed in section 102(a)(5)(B); 

6 ‘‘(vi) local educational agency liaisons 

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

8 or their designees; 

9 ‘‘(vii) members of the business com10 munity; 

11 ‘‘(viii) members of neighborhood advo12 cacy organizations; and 

13 ‘‘(ix) members of philanthropic orga14 nizations that contribute to preventing and 

15 ending homelessness in the geographic 

16 area of the collaborative applicant; and 

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

18 determines to be appropriate to carry out this 

19 subtitle in an effective and efficient manner. 

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

21 the criteria required under paragraph (1), the cri22 teria established under subsection (a) shall also in23 clude the need within the geographic area for home24 less services, determined as follows and under the 

25 following conditions: 


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

2 each collaborative applicant, at a time concur3 rent with the release of the Notice of Funding 

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

5 the pro rata estimated need amount under this 

6 subtitle for the geographic area represented by 

7 the collaborative applicant. 

8 ‘‘(B) AMOUNT.— 

9 ‘‘(i) BASIS.—The estimated need 

10 amount under subparagraph (A) shall be 

11 based on a percentage of the total funds 

12 available, or estimated to be available, to 

13 carry out this subtitle for any fiscal year 

14 that is equal to the percentage of the total 

15 amount available for section 106 of the 

16 Housing and Community Development Act 

17 of 1974 (42 U.S.C. 5306) for the prior fis18 cal year that— 

19 ‘‘(I) was allocated to all metro20 politan cities and urban counties with21 in the geographic area represented by 

22 the collaborative applicant; or 

23 ‘‘(II) would have been distributed 

24 to all counties within such geographic 

25 area that are not urban counties, if 


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1 the 30 percent portion of the alloca2 tion to the State involved (as de3 scribed in subsection (d)(1) of that 

4 section 106) for that year had been 

5 distributed among the counties that 

6 are not urban counties in the State in 

7 accordance with the formula specified 

8 in that subsection (with references in 

9 that subsection to nonentitlement 

10 areas considered to be references to 

11 those counties). 

12 ‘‘(ii) RULE.—In computing the esti13 mated need amount under subparagraph 

14 (A), the Secretary shall adjust the esti15 mated need amount determined pursuant 

16 to clause (i) to ensure that— 

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

18 available, or estimated to be available, 

19 to carry out this subtitle for any fiscal 

20 year are allocated to the metropolitan 

21 cities and urban counties that received 

22 a direct allocation of funds under sec23 tion 413 for the prior fiscal year; and 

24 ‘‘(II) 25 percent of the total 

25 funds available, or estimated to be 


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1 available, to carry out this subtitle for 

2 any fiscal year are allocated— 

3 ‘‘(aa) to the metropolitan 

4 cities and urban counties that did 

5 not receive a direct allocation of 

6 funds under section 413 for the 

7 prior fiscal year; and 

8 ‘‘(bb) to counties that are 

9 not urban counties. 

10 ‘‘(iii) COMBINATIONS OR CON11 SORTIA.—For a collaborative applicant 

12 that represents a combination or consor13 tium of cities or counties, the estimated 

14 need amount shall be the sum of the esti15 mated need amounts for the cities or coun16 ties represented by the collaborative appli17 cant. 

18 ‘‘(iv) AUTHORITY OF SECRETARY.— 

19 The Secretary may increase the estimated 

20 need amount for a geographic area if nec21 essary to provide 1 year of renewal funding 

22 for all expiring contracts entered into 

23 under this subtitle for the geographic area. 


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

2 SPECIFIC ELIGIBLE ACTIVITIES. 

3 ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT HOUS4 ING FOR HOMELESS INDIVIDUALS AND FAMILIES WITH

5 DISABILITIES.— 

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

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

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

9 sums made available to carry out subtitle B and this 

10 subtitle for that fiscal year shall be used for perma11 nent housing for homeless individuals with disabil12 ities and homeless families that include such an indi13 vidual who is an adult. 

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

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

16 used for activities that are described in paragraph 

17 (1), the Secretary shall not count funds made avail18 able to renew contracts for existing projects under 

19 section 429. 

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

21 paragraph (1) shall be reduced proportionately based 

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

23 for which subsection (e) applies in regard to sub24 section (d)(2)(A). 

25 ‘‘(4) SUSPENSION.—The requirement estab26 lished in paragraph (1) shall be suspended for any 


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1 year in which available funding for grants under this 

2 subtitle would not be sufficient to renew for 1 year 

3 existing grants that would otherwise be funded 

4 under this subtitle. 

5 ‘‘(5) TERMINATION.—The requirement estab6 lished in paragraph (1) shall terminate upon a find7 ing by the Secretary that since the beginning of 

8 2001 at least 150,000 new units of permanent hous9 ing for homeless individuals and families with dis10 abilities have been funded under this subtitle. 

11 ‘‘(b) MINIMUM ALLOCATION FOR PERMANENT HOUS12 ING FOR HOMELESS FAMILIES WITH CHILDREN.—From 

13 the amounts made available to carry out this subtitle for 

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

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

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

17 or secure permanent housing for homeless families with 

18 children. 

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

20 AND REHABILITATION OF PERMANENT OR TRANSITIONAL

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

22 establish a limit on the amount of funding that an appli23 cant may request under this subtitle for acquisition, con24 struction, or rehabilitation activities for the development 

25 of permanent housing or transitional housing. 


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

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

3 bonuses or other incentives to geographic areas for 

4 using funding under this subtitle for activities that 

5 have been proven to be effective at reducing home6 lessness generally or reducing homelessness for a 

7 specific subpopulation. 

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

9 of this subsection, activities that have been proven to 

10 be effective at reducing homelessness generally or re11 ducing homelessness for a specific subpopulation in12 cludes— 

13 ‘‘(A) permanent supportive housing for 

14 chronically homeless individuals and families; 

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

16 services, short-term flexible subsidies to over17 come barriers to rehousing, support services 

18 concentrating on improving incomes to pay 

19 rent, coupled with performance measures em20 phasizing rapid and permanent rehousing and 

21 with leveraging funding from mainstream fam22 ily service systems such as Temporary Assist23 ance for Needy Families and Child Welfare 

24 services; and 


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

2 Secretary, based on research and after notice 

3 and comment to the public, to have been proven 

4 effective at reducing homelessness generally or 

5 reducing homelessness for a specific subpopula6 tion. 

7 ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMENTA8 TION OF PROVEN STRATEGIES.— 

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

10 demonstrates that it has fully implemented any of 

11 the activities described in subsection (d) for all 

12 homeless individuals and families or for all members 

13 of subpopulations for whom such activities are tar14 geted, that geographic area shall receive the bonus 

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

16 use such bonus or incentive for any eligible activity 

17 under either section 423 or section 1003 for home18 less people generally or for the relevant subpopula19 tion. 

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

21 awarded under this subsection that are used for ac22 tivities that are eligible under section 1003 but not 

23 under section 423 shall be subject to— 

24 ‘‘(A) the matching requirements of section 

25 1008 rather than section 430; and 


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1 ‘‘(B) the other program requirements of 

2 title X rather than of this subtitle. 

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

4 shall transfer any bonus or incentive funds awarded 

5 under this subsection for activities that are eligible 

6 under section 1003 but not under section 423 from 

7 the account for this subtitle to the account for title 

8 X. 

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

10 FOR PERMANENT HOUSING. 

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

12 the account or accounts designated for appropriations for 

13 use in connection with section 8 of the United States 

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

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

16 of renewing expiring contracts for leasing, rental assist17 ance, or operating costs for permanent housing. 

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

19 subsection (a) shall be available for the renewal of con20 tracts for a 1-year term for rental assistance and housing 

21 operation costs associated with permanent housing 

22 projects funded under this subtitle, or under subtitle C 

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

24 of the Community Partnership to End Homelessness Act 

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


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1 a contract for such a permanent housing project on the 

2 basis of certification by the collaborative applicant for the 

3 geographic area that— 

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

5 project; and 

6 ‘‘(2) the project complies with program require7 ments and appropriate standards of housing quality 

8 and habitability, as determined by the Secretary. 

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

10 be construed as prohibiting the Secretary from renewing 

11 contracts under this subtitle in accordance with criteria 

12 set forth in a provision of this subtitle other than this sec13 tion. 

14 ‘‘SEC. 430. MATCHING FUNDING. 

15 ‘‘(a) IN GENERAL.—A collaborative applicant in a ge16 ographic area in which funds are awarded under this sub17 title shall specify contributions that shall be made avail18 able in the geographic area in an amount equal to not 

19 less than 25 percent of the funds provided to recipients 

20 in the geographic area. 

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

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

23 project sponsor by an entity other than the project sponsor 

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

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1 tween the project sponsor and the other entity that such 

2 services will be provided. 

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

4 required under subsection (a) may consist of— 

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

6 under section 423; and 

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

8 of services of any eligible activity described under 

9 section 423.’’. 

10 SEC. 7. RURAL HOUSING STABILITY ASSISTANCE. 

11 Subtitle D of title IV of the McKinney-Vento Home12 less Assistance Act (42 U.S.C. 11408 et seq.), as redesig13 nated by section 9, is amended— 

14 (1) by striking the subtitle heading and insert15 ing the following: 

16 ‘‘Subtitle D—Rural Housing 

17 Stability Assistance Program’’; and 

18 (2) in section 491— 

19 (A) by striking the section heading and in20 serting ‘‘RURAL HOUSING STABILITY

21 GRANT PROGRAM.’’; 

22 (B) in subsection (a)— 

23 (i) by striking ‘‘rural homelessness 

24 grant program’’ and inserting ‘‘rural hous25 ing stability grant program’’; 


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

2 under subtitle C and title X’’ after ‘‘eligi3 ble organizations’’; and 

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

5 and (3), and inserting the following: 

6 ‘‘(1) rehousing or improving the housing situa7 tions of individuals and families who are homeless or 

8 in the worst housing situations in the geographic 

9 area; 

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

11 families who are in imminent danger of losing hous12 ing; and 

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

14 residents of the community to afford stable hous15 ing.’’; 

16 (C) in subsection (b)(1)— 

17 (i) by redesignating subparagraphs 

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

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

20 (ii) by striking subparagraph (D) and 

21 inserting the following: 

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

23 provide transitional or permanent housing to 

24 homeless individuals and families; 


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1 ‘‘(E) acquisition or rehabilitation of a 

2 structure to provide supportive services or to 

3 provide transitional or permanent housing, 

4 other than emergency shelter, to homeless indi5 viduals and families; 

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

7 property, not owned by the recipient or project 

8 sponsor involved, for use in providing transi9 tional or permanent housing to homeless indi10 viduals and families, or providing supportive 

11 services to homeless individuals and families; 

12 ‘‘(G) provision of rental assistance to pro13 vide transitional or permanent housing to home14 less individuals and families, such rental assist15 ance may include tenant-based or project-based 

16 rental assistance; 

17 ‘‘(H) payment of operating costs for hous18 ing units assisted under this title;’’; 

19 (D) in subsection (b)(2), by striking ‘‘ap20 propriated’’ and inserting ‘‘transferred’’; 

21 (E) in subsection (c)— 

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

23 ‘‘appropriated’’ and inserting ‘‘trans24 ferred’’; and 


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1 (ii) in paragraph (3), by striking ‘‘ap2 propriated’’ and inserting ‘‘transferred’’; 

3 (F) in subsection (d)— 

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

5 and’’ and inserting a semicolon; 

6 (ii) in paragraph (6)— 

7 (I) by striking ‘‘an agreement’’ 

8 and all that follows through ‘‘fami9 lies’’ and inserting the following: ‘‘a 

10 description of how individuals and 

11 families who are homeless or who have 

12 the lowest incomes in the community 

13 will be involved by the organization’’; 

14 and 

15 (II) by striking the period at the 

16 end, and inserting a semicolon; and 

17 (iii) by adding at the end the fol18 lowing: 

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

20 place within the community to ascertain the most 

21 important uses for funding under this section, in22 cluding the involvement of potential beneficiaries of 

23 the project; and 


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

2 homelessness and of the worst housing situations in 

3 the community.’’; 

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

5 inserting the following: 

6 ‘‘(f) MATCHING FUNDING.— 

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

8 receive a grant under subsection (a) shall specify 

9 matching contributions that shall be made available 

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

11 the funds provided for the project or activity. 

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

13 cash value of services provided to the beneficiaries or 

14 clients of an eligible organization by an entity other 

15 than the organization may count toward the con16 tributions in paragraph (1) only when documented 

17 by a memorandum of understanding between the or18 ganization and the other entity that such services 

19 will be provided. 

20 ‘‘(3) COUNTABLE ACTIVITIES.—The contribu21 tions required under paragraph (1) may consist of— 

22 ‘‘(A) funding for any eligible activity de23 scribed under subsection (b); and 


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1 ‘‘(B) subject to paragraph (2), in-kind pro2 vision of services of any eligible activity de3 scribed under subsection (b). 

4 ‘‘(g) SELECTION CRITERIA.—The Secretary shall es5 tablish criteria for selecting recipients of grants under 

6 subsection (a), including— 

7 ‘‘(1) the participation of potential beneficiaries 

8 of the project in assessing the need for, and impor9 tance of, the project in the community; 

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

11 the most harmful housing situations present in the 

12 community; 

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

14 the community to meet the goals described in sub15 section (a); 

16 ‘‘(4) the performance of the organization in im17 proving housing situations, taking account of the se18 verity of barriers of individuals and families served 

19 by the organization; 

20 ‘‘(5) for organizations that have previously re21 ceived funding under this section, the extent of im22 provement in homelessness and the worst housing 

23 situations in the community since such funding 

24 began; 


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

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

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

4 by the Secretary.’’; 

5 (H) in subsection (h)— 

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

7 ‘‘providing housing and other assistance to 

8 homeless persons’’ and inserting ‘‘meeting 

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

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

11 ‘‘in the worst housing situations’’ after 

12 ‘‘homelessness’’; and 

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

14 the worst housing situations’’ after ‘‘home15 lessness’’; 

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

17 homelessness grant program’’ and inserting 

18 ‘‘rural housing stability grant program’’; 

19 (J) in subsection (l)— 

20 (i) by striking the subsection heading 

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

22 and 

23 (ii) by striking paragraph (1) and in24 serting the following: 


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1 ‘‘(1) IN GENERAL.—The Secretary shall deter2 mine the total amount of funding attributable under 

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

4 the needs of any geographic area in the Nation that 

5 applies for funding under this section. The Secretary 

6 shall transfer any amounts determined under this 

7 subsection from the Community Homeless Assist8 ance Program and the grant program under section 

9 1002 and consolidate such transferred amounts for 

10 grants under this section.’’; and 

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

12 ‘‘(m) DIVISION OF FUNDS.— 

13 ‘‘(1) AGREEMENT AMONG GEOGRAPHIC

14 AREAS.—If the Secretary receives an application or 

15 applications to provide services in a geographic area 

16 under this subtitle, and also under subtitle C and 

17 title X, the Secretary shall consult with all appli18 cants from the geographic area to determine whether 

19 all agree to proceed under either this subtitle or 

20 under subtitle C and title X. 

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

22 agreement is reached under paragraph (1), the Sec23 retary shall proceed under this subtitle, or under 

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


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1 the largest total grant funding to the geographic 

2 area.’’. 

3 SEC. 8. FUNDS TO PREVENT HOMELESSNESS AND STA4 BILIZE HOUSING FOR PRECARIOUSLY 

5 HOUSED INDIVIDUALS AND FAMILIES. 

6 The McKinney-Vento Homeless Assistance Act (42 

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

8 IX the following: 

9 ‘‘TITLE X—PREVENTING HOME10 LESSNESS AND STABILIZING 

11 HOUSING FOR PRECAR12 IOUSLY HOUSED INDIVID13 UALS AND FAMILIES 

14 ‘‘SEC. 1001. PURPOSES. 

15 ‘‘The purposes of this title are— 

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

17 housing of individuals and families who are most at 

18 risk of homelessness; and 

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

20 institutions to avoid homelessness among individuals 

21 and families leaving the institutions. 

22 ‘‘SEC. 1002. COMMUNITY HOMELESSNESS PREVENTION AND 

23 HOUSING STABILITY. 

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

25 to recipients, on a competitive basis using the selection 


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1 criteria described in section 1006, to carry out eligible ac2 tivities under this title, for projects that meet the program 

3 requirements established under section 1005. 

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

5 The Secretary shall release a Notification of Funding 

6 Availability for grants awarded under this title for a fiscal 

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

8 of the appropriate Act making appropriations for the De9 partment of Housing and Urban Development for the fis10 cal year. 

11 ‘‘(c) COLLABORATIVE APPLICANT.— 

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

13 as such term is defined in section 401, shall for pur14 poses of this title have the same responsibilities as 

15 set forth under section 402. 

16 ‘‘(2) DUAL ROLE ENCOURAGED.—The Sec17 retary shall encourage the same entity which serves 

18 as a collaborative applicant for purposes of subtitle 

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

20 purposes of this title. 

21 ‘‘(d) APPLICATIONS.— 

22 ‘‘(1) SUBMISSION TO THE SECRETARY.—A col23 laborative applicant shall submit an application to 

24 the Secretary at such time and in such manner as 

25 the Secretary may require, and containing such inVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6401 E:\BILLS\S1518.RS S1518

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1 formation as the Secretary determines necessary to 

2 determine if the applicant is in compliance with— 

3 ‘‘(A) program requirements established 

4 under section 1005; 

5 ‘‘(B) the selection criteria described in sec6 tion 1006; and 

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

8 the geographic area under this title. 

9 ‘‘(2) COORDINATION WITH COMMUNITY HOME10 LESS ASSISTANCE PROGRAM.—The Secretary shall, 

11 to the maximum extent feasible, coordinate the ap12 plication process under this section with the applica13 tion processes for programs under subtitles B and C 

14 of title IV. 

15 ‘‘(3) ANNOUNCEMENT OF AWARDS.—The Sec16 retary shall announce, within 4 months after the last 

17 date for the submission of applications described in 

18 this subsection for a fiscal year, the grants condi19 tionally awarded under subsection (a) for that fiscal 

20 year. 

21 ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL AP22 PLICANTS.—The Secretary may renew funding for a spe23 cific project previously funded under this title that the 

24 Secretary determines is effective at preventing homeless25 ness, and was included as part of a total application that 


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1 met the criteria of subsection (d)(1), even if the applica2 tion was not selected to receive grant assistance. The Sec3 retary may renew the funding for a period of not more 

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

5 determines to be appropriate. 

6 ‘‘(f) MORE THAN 1 APPLICATION FOR A GEO7 GRAPHIC AREA.—If more than 1 collaborative applicant 

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

9 award funds to the collaborative applicant with the highest 

10 score based on the selection criteria set forth in section 

11 1006. 

12 ‘‘SEC. 1003. ELIGIBLE ACTIVITIES. 

13 ‘‘The Secretary may award grants to qualified recipi14 ents under section 1002 to carry out homeless prevention 

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

16 activities: 

17 ‘‘(1) Leasing of property, or portions of prop18 erty, not owned by the recipient involved, for use in 

19 providing short-term or medium-term housing to 

20 people at risk of homelessness, or providing sup21 portive services to people at risk of homelessness. 

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

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

24 of homelessness. The rental assistance may include 

25 tenant-based or project-based rental assistance. 


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

2 units assisted under this title. 

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

4 homelessness. 

5 ‘‘(5) Housing relocation or stabilization serv6 ices, including housing search, mediation or outreach 

7 to property owners, legal services, credit repair, pro8 viding security or utility deposits, rental assistance 

9 for a final month at a location, assistance with mov10 ing costs, or other activities that are effective at sta11 bilizing individuals and families in their current 

12 housing or quickly moving them to other housing. 

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

14 that is a legal entity payment of administrative costs 

15 related to meeting the requirements of section 

16 1002(c), for which the collaborative applicant may 

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

18 available in the geographic area under this subtitle. 

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

20 that is a unified funding agency, as such term is de21 fined under section 402, payment of administrative 

22 costs related to meeting the requirements of serving 

23 as such an agency, for which the collaborative appli24 cant may use not more than 3 percent of the total 


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1 funds made available in the geographic area under 

2 this title. 

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

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

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

6 means individuals and families who meet all of the fol7 lowing criteria: 

8 ‘‘(1) Have incomes below 20 percent of the me9 dian for the geographic area, adjusted for household 

10 size. 

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

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

13 economic hardship, have been notified that their 

14 right to occupy their current housing or living situa15 tion will be terminated, live in severely overcrowded 

16 housing, or otherwise live in housing that has char17 acteristics associated with instability and increased 

18 risk of homelessness as determined by the Secretary. 

19 ‘‘(3) Have insufficient resources immediately 

20 available to attain housing stability. 

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

22 any of the criteria described in subsection (a) in a geo23 graphic area upon a finding that all individuals and fami24 lies who meet such criteria in the geographic area will be 

25 served under this title, and that individuals and families 


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1 in the geographic area who do not meet the criteria de2 scribed in subsection (a) remain at risk of homelessness. 

3 ‘‘SEC. 1005. PROGRAM REQUIREMENTS. 

4 ‘‘The program requirements set forth under section 

5 426 shall apply to projects funded under this title. 

6 ‘‘SEC. 1006. SELECTION CRITERIA. 

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

8 to recipients by a national competition based on criteria 

9 established by the Secretary. 

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

11 under subsection (a) shall include— 

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

13 regarding stabilizing housing and preventing home14 lessness, measured by criteria that shall be an15 nounced by the Secretary, that shall take into ac16 count barriers faced by individuals and families at 

17 risk of homelessness; 

18 ‘‘(2) the plan of the recipient, which shall de19 scribe— 

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

21 families who become homeless will be reduced in 

22 the community; and 

23 ‘‘(B) how the length of time that individ24 uals and families remain homeless will be re25 duced; 


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

2 427(b)(1)(B)(iii); 

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

4 determine the priority for funding local projects 

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

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

7 ‘‘(5) the degree to which services are to be pro8 vided by the recipient to those individuals and fami9 lies most at risk of homelessness; and 

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

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

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

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

14 ‘‘SEC. 1007. ELIGIBLE GRANT RECIPIENTS. 

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

16 States, local governments, or nonprofit corporations. 

17 ‘‘SEC. 1008. MATCHING REQUIREMENT. 

18 ‘‘(a) IN GENERAL.—A collaborative applicant in a ge19 ographic area in which funds are awarded under this title 

20 shall specify contributions that shall be made available in 

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

22 25 percent of the Federal funds provided under the grant, 

23 except that when services are provided to individuals and 

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

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


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

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

3 for periods exceeding 2 years, then the collaborative appli4 cant shall specify contributions that shall be made avail5 able in an amount equal to not less than 60 percent of 

6 the Federal funds provided under the grant. 

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

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

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

10 the recipient may count toward the contributions in sub11 section (a) only when documented by a memorandum of 

12 understanding between the recipient and the other entity 

13 that such services will be provided. 

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

15 required under subsection (a) may consist of— 

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

17 under section 423 or section 1003; and 

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

19 of services of any eligible activity described under 

20 section 423 or section 1003. 

21 ‘‘SEC. 1009. REGULATIONS. 

22 ‘‘The Secretary shall promulgate regulations to carry 

23 out this title. 


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1 ‘‘SEC. 1010. REPORT TO CONGRESS. 

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

3 of the Community Partnership to End Homelessness Act 

4 of 2007, the Secretary shall report to Congress on the ac5 complishments of the program in this title. 

6 ‘‘SEC. 1011. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

10 2011, and 2012.’’. 

11 SEC. 9. REPEALS AND CONFORMING AMENDMENTS. 

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

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

14 11391 et seq., 11401 et seq., and 11403 et seq.) are re15 pealed. 

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

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

18 U.S.C. 11408 et seq.) is amended by redesignating sub19 title G as subtitle D. 

20 SEC. 10. EFFECTIVE DATE. 

21 This Act shall take effect 6 months after the date 

22 of enactment of this Act. 

23 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

25 ‘‘Community Partnership to End Homelessness Act of 

26 2007’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 

Sec. 3. General definition of homeless individual. 

Sec. 4. United States Interagency Council on Homelessness. 

Sec. 5. Housing assistance general provisions. 

Sec. 6. Emergency solutions grants program. 

Sec. 7. Homeless assistance program. 

Sec. 8. Rural housing stability assistance. 

Sec. 9. Research. 

Sec. 10. Repeals and conforming amendments. 

Sec. 11. Special assistant for veterans affairs in office of Secretary of Housing 

and Urban Development. 

Sec. 12. Effective date. 

3 SEC. 2. FINDINGS AND PURPOSE. 

4 Section 102 of the McKinney-Vento Homeless Assist5 ance Act (42 U.S.C. 11301) is amended to read as follows: 

6 ‘‘SEC. 102. FINDINGS AND PURPOSE. 

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

8 ‘‘(1) the United States faces a crisis of individ9 uals and families who lack basic affordable housing 

10 and appropriate shelter; 

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

12 an important factor in the success of efforts by State 

13 and local governments and the private sector to ad14 dress the problem of homelessness in a comprehensive 

15 manner; 

16 ‘‘(3) there are several Federal Government pro17 grams to assist persons experiencing homelessness, in18 cluding programs for individuals with disabilities, 

19 veterans, children, and youth; 


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1 ‘‘(4) homeless assistance programs must be evalu2 ated on the basis of their effectiveness in reducing 

3 homelessness, transitioning individuals and families 

4 to permanent housing and stability, and optimizing 

5 their self-sufficiency; 

6 ‘‘(5) States and units of general local govern7 ment receiving Federal block grant and other Federal 

8 grant funds must be evaluated on the basis of their 

9 effectiveness in— 

10 ‘‘(A) implementing plans to appropriately 

11 discharge individuals to and from mainstream 

12 service systems; and 

13 ‘‘(B) reducing barriers to participation in 

14 mainstream programs, as identified in— 

15 ‘‘(i) a report by the Government Ac16 countability Office entitled ‘Homelessness: 

17 Coordination and Evaluation of Programs 

18 Are Essential’, issued February 26, 1999; or 

19 ‘‘(ii) a report by the Government Ac20 countability Office entitled ‘Homelessness: 

21 Barriers to Using Mainstream Programs’, 

22 issued July 6, 2000; 

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

24 should provide a comprehensive housing system (in25 cluding permanent housing and, as needed, transiVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 tional housing) that recognizes that, while some indi2 viduals and families experiencing homelessness attain 

3 economic viability and independence utilizing transi4 tional housing and then permanent housing, others 

5 can reenter society directly and optimize self-suffi6 ciency through acquiring permanent housing; 

7 ‘‘(7) supportive housing activities include the 

8 provision of permanent housing or transitional hous9 ing, and appropriate supportive services, in an envi10 ronment that can meet the short-term or long-term 

11 needs of persons experiencing homelessness as they re12 integrate into mainstream society; 

13 ‘‘(8) homeless housing and supportive services 

14 programs within a community are most effective 

15 when they are developed and operated as part of an 

16 inclusive, collaborative, locally driven homeless plan17 ning process that involves as decision makers persons 

18 experiencing homelessness, advocates for persons expe19 riencing homelessness, service organizations, govern20 ment officials, business persons, neighborhood advo21 cates, and other community members; 

22 ‘‘(9) homelessness should be treated as a symp23 tom of many neighborhood, community, and system 

24 problems, whose remedies require a comprehensive ap25 proach integrating all available resources; 


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1 ‘‘(10) there are many private sector entities, par2 ticularly nonprofit organizations, that have success3 fully operated outcome-effective homeless programs; 

4 ‘‘(11) Federal homeless assistance should supple5 ment other public and private funding provided by 

6 communities for housing and supportive services for 

7 low-income households; 

8 ‘‘(12) the Federal Government has a responsi9 bility to establish partnerships with State and local 

10 governments and private sector entities to address 

11 comprehensively the problems of homelessness; and 

12 ‘‘(13) the results of Federal programs targeted for 

13 persons experiencing homelessness have been 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 pub22 lic and private sectors on ending and preventing 

23 homelessness; 

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1 lessness, and to prevent homelessness for those vulner2 able 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 section 

7 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 de13 livery, and the involvement of persons experiencing 

14 homelessness in decision-making regarding opportuni15 ties for their long-term stability, growth, well-being, 

16 and optimum self-sufficiency; and 

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

18 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. GENERAL DEFINITION OF HOMELESS INDIVIDUAL. 

5 Section 103(a) of the McKinney-Vento Homeless As6 sistance Act (42 U.S.C. 11302(a)) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘or ‘homeless individual or homeless person’ 

9 includes’’ and inserting ‘‘, ‘homeless individual’, or 

10 ‘homeless person’ includes’’; 

11 (2) in paragraph (1), by striking ‘‘; and’’ and 

12 inserting a semicolon; 

13 (3) in paragraph (2)— 

14 (A) in subparagraph (A)— 

15 (i) by striking ‘‘welfare hotels’’ and in16 serting ‘‘hotels or motels paid for by Fed17 eral, State, or local government programs 

18 for low-income individuals or by charitable 

19 organizations’’; and 

20 (ii) by striking ‘‘for the mentally ill’’; 

21 and 

22 (B) in subparagraph (C), by striking the 

23 period and inserting ‘‘, including a camp24 ground;’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(3) an individual or family who— 

2 ‘‘(A) has a primary nighttime residence 

3 that is owned or leased by another person be4 cause the individual or family lacks the resources 

5 necessary to rent a decent and safe housing unit; 

6 ‘‘(B) has been notified by the owner or 

7 renter of the residence described in subparagraph 

8 (A) that the individual or family may stay for 

9 only a short period of time; 

10 ‘‘(C) has changed primary residences— 

11 ‘‘(i) 3 or more times in the past year; 

12 or 

13 ‘‘(ii) 2 or more times in the past 21 

14 days; and 

15 ‘‘(D) is unable to make a significant finan16 cial contribution to the housing costs of the 

17 owner or renter of the residence described in sub18 paragraph (A); and 

19 ‘‘(4) an individual or family who— 

20 ‘‘(A) has a primary nighttime residence 

21 that is a room in a hotel or motel because the 

22 individual or family lacks the resources nec23 essary to rent a decent and safe housing unit; 


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1 ‘‘(B) lacks the resources to pay for the hotel 

2 or motel room for more than a short period of 

3 time; and 

4 ‘‘(C) has changed primary residences— 

5 ‘‘(i) 3 or more times in the past year; 

6 or 

7 ‘‘(ii) 2 or more times in the past 21 

8 days.’’. 

9 SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOME10 LESSNESS. 

11 Title II of the McKinney-Vento Homeless Assistance 

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

13 (1) in section 201 (42 U.S.C. 11311), by striking 

14 the period at the end and inserting the following: 

15 ‘‘whose mission shall be to develop and coordinate the 

16 implementation of a national strategy to prevent and 

17 end homelessness while maximizing the effectiveness of 

18 the Federal Government in contributing to an end to 

19 homelessness in the United States.’’; 

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

21 (A) in subsection (a)— 

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

23 ‘‘(19)’’; and 

24 (ii) by inserting after paragraph (15) 

25 the following: 


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

2 the designee of the Commissioner. 

3 ‘‘(17) The Attorney General of the United States, 

4 or the designee of the Attorney General. 

5 ‘‘(18) The Director of the Office of Management 

6 and Budget, or the designee of the Director.’’; 

7 (B) in subsection (c), by striking ‘‘annu8 ally’’ and inserting ‘‘2 times each year’’; and 

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

10 ‘‘(e) ADMINISTRATION.—The Executive Director of the 

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

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

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

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

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

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

17 redesignated by subparagraph (A), the following: 

18 ‘‘(1) not later than 1 year after the date of enact19 ment of the Community Partnership to End Home20 lessness Act of 2007, develop and submit to the Presi21 dent and to Congress a National Strategic Plan to 

22 End Homelessness;’’; 

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

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


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1 no case more than 5’’ and inserting ‘‘not less 

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

3 (D) by inserting after paragraph (5), as re4 designated by subparagraph (A), the following: 

5 ‘‘(6) encourage the creation of State Interagency 

6 Councils on Homelessness and the formulation of 

7 multi-year plans to end homelessness at State, city, 

8 and county levels; 

9 ‘‘(7) develop mechanisms to ensure access by per10 sons experiencing homelessness to all Federal, State, 

11 and local programs for which the persons are eligible, 

12 and to verify collaboration among entities within a 

13 community that receive Federal funding under pro14 grams targeted for persons experiencing homelessness, 

15 and other programs for which persons experiencing 

16 homelessness are eligible, including mainstream pro17 grams identified by the Government Accountability 

18 Office in the 2 reports described in section 

19 102(a)(5)(B);’’; and 

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

21 and inserting the following: 

22 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

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

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


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1 may be necessary for fiscal years 2009, 2010, 2011, and 

2 2012.’’. 

3 SEC. 5. HOUSING ASSISTANCE GENERAL PROVISIONS. 

4 Subtitle A of title IV of the McKinney-Vento Homeless 

5 Assistance Act (42 U.S.C. 11361 et seq.) is amended— 

6 (1) by striking the subtitle heading and inserting 

7 the following: 

8 ‘‘Subtitle A—General Provisions’’; 

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

10 11361) as section 403; 

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

12 11362) as section 407; 

13 (4) by inserting before section 403 (as redesig14 nated in paragraph (2)) the following: 

15 ‘‘SEC. 401. DEFINITIONS. 

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

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

18 risk of homelessness’ used with respect to an indi19 vidual or family means an individual or family 

20 who— 

21 ‘‘(A) has income below 20 percent of median 

22 income for the geographic area; 

23 ‘‘(B) has insufficient resources immediately 

24 available to attain housing stability; and 


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1 ‘‘(C)(i) has moved frequently because of eco2 nomic reasons; 

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

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

6 occupy their current housing or living situation 

7 will be terminated; 

8 ‘‘(iv) lives in a hotel or motel; 

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

10 or 

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

12 characteristics associated with instability and an 

13 increased risk of homelessness. 

14 ‘‘(2) CHRONICALLY HOMELESS.— 

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

16 homeless’, used with respect to an individual or 

17 family, means an individual or family who— 

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

19 a place not meant for human habitation, a 

20 safe haven, or in an emergency shelter; 

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

22 residing in a place not meant for human 

23 habitation, a safe haven, or in an emer24 gency shelter continuously for at least 1 


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1 year or on at least 4 separate occasions in 

2 the last 3 years; and 

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

4 (or a minor head of household if no adult 

5 is present in the household) with a 

6 diagnosable substance use disorder, serious 

7 mental illness, developmental disability (as 

8 defined in section 102 of the Developmental 

9 Disabilities Assistance and Bill of Rights 

10 Act of 2000 (42 U.S.C. 15002)), post trau11 matic stress disorder, cognitive impairments 

12 resulting from a brain injury, or chronic 

13 physical illness or disability, including the 

14 co-occurrence of 2 or more of those condi15 tions. 

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

17 who currently lives or resides in an institutional 

18 care facility, including a jail, substance abuse or 

19 mental health treatment facility, hospital or 

20 other similar facility, and has resided there for 

21 fewer than 90 days shall be considered chron22 ically homeless if such person met all of the re23 quirements described in subparagraph (A) prior 

24 to entering that facility. 


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

2 ‘collaborative applicant’ means an entity that— 

3 ‘‘(A) carries out the duties specified in sec4 tion 402; 

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

6 sponsors who jointly submit a single application 

7 for a grant under subtitle C in accordance with 

8 a collaborative process; and 

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

10 awarded such grant, receives such grant directly 

11 from the Secretary. 

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

13 ‘collaborative application’ means an application for a 

14 grant under subtitle C that— 

15 ‘‘(A) satisfies section 422; and 

16 ‘‘(B) is submitted to the Secretary by a col17 laborative applicant. 

18 ‘‘(5) CONSOLIDATED PLAN.—The term ‘Consoli19 dated Plan’ means a comprehensive housing afford20 ability strategy and community development plan re21 quired in part 91 of title 24, Code of Federal Regula22 tions. 

23 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti24 ty’ means, with respect to a subtitle, a public entity, 

25 a private entity, or an entity that is a combination 


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1 of public and private entities, that is eligible to re2 ceive directly grant amounts under that subtitle. 

3 ‘‘(7) GEOGRAPHIC AREA.—The term ‘geographic 

4 area’ means a State, metropolitan city, urban county, 

5 town, village, or other nonentitlement area, or a com6 bination or consortia of such, in the United States, as 

7 described in section 106 of the Housing and Commu8 nity Development Act of 1974 (42 U.S.C. 5306). 

9 ‘‘(8) HOMELESS INDIVIDUAL WITH A DIS10 ABILITY.— 

11 ‘‘(A) IN GENERAL.—The term ‘homeless in12 dividual with a disability’ means an individual 

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

14 has a disability that— 

15 ‘‘(i)(I) is expected to be long-con16 tinuing or of indefinite duration; 

17 ‘‘(II) substantially impedes the indi18 vidual’s ability to live independently; 

19 ‘‘(III) could be improved by the provi20 sion of more suitable housing conditions; 

21 and 

22 ‘‘(IV) is a physical, mental, or emo23 tional impairment, including an impair24 ment caused by alcohol or drug abuse, post 

25 traumatic stress disorder, or brain injury; 


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

2 defined in section 102 of the Developmental 

3 Disabilities Assistance and Bill of Rights 

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

5 ‘‘(iii) is the disease of acquired im6 munodeficiency syndrome or any condition 

7 arising from the etiologic agency for ac8 quired immunodeficiency syndrome. 

9 ‘‘(B) RULE.—Nothing in clause (iii) of sub10 paragraph (A) shall be construed to limit eligi11 bility under clause (i) or (ii) of subparagraph 

12 (A). 

13 ‘‘(9) LEGAL ENTITY.—The term ‘legal entity’ 

14 means— 

15 ‘‘(A) an entity described in section 

16 501(c)(3) of the Internal Revenue Code of 1986 

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

18 that Code; 

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

20 government; or 

21 ‘‘(C) a consortium of instrumentalities of 

22 State or local governments that has constituted 

23 itself as an entity. 

24 ‘‘(10) METROPOLITAN CITY; URBAN COUNTY; 

25 NONENTITLEMENT AREA.—The terms ‘metropolitan 


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

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

3 the Housing and Community Development Act of 

4 1974 (42 U.S.C. 5302(a)). 

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

6 to housing, means housing for which no assistance has 

7 been provided under this title. 

8 ‘‘(12) OPERATING COSTS.—The term ‘operating 

9 costs’ means expenses incurred by a project sponsor 

10 operating transitional housing or permanent housing 

11 under this title with respect to— 

12 ‘‘(A) the administration, maintenance, re13 pair, and security of such housing; 

14 ‘‘(B) utilities, fuel, furnishings, and equip15 ment for such housing; or 

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

17 ensure long-term housing stability. 

18 ‘‘(13) OUTPATIENT HEALTH SERVICES.—The 

19 term ‘outpatient health services’ means outpatient 

20 health care services, mental health services, and out21 patient substance abuse treatment services. 

22 ‘‘(14) PERMANENT HOUSING.—The term ‘perma23 nent housing’ means community-based housing with24 out a designated length of stay, and includes perma25 nent supportive housing for homeless individuals with 


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1 disabilities and homeless families that include such 

2 an individual who is an adult. 

3 ‘‘(15) PRIVATE NONPROFIT ORGANIZATION.—The 

4 term ‘private nonprofit organization’ means an orga5 nization— 

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

7 inures to the benefit of any member, founder, 

8 contributor, or individual; 

9 ‘‘(B) that has a voluntary board; 

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

11 designated a fiscal agent in accordance with re12 quirements established by the Secretary; and 

13 ‘‘(D) that practices nondiscrimination in 

14 the provision of assistance. 

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

16 respect to activities carried out under subtitle C, 

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

18 undertaken pursuant to a specific endeavor, such as 

19 serving a particular population or providing a par20 ticular resource. 

21 ‘‘(17) PROJECT-BASED.—The term ‘project22 based’, used with respect to rental assistance, means 

23 assistance provided pursuant to a contract that— 

24 ‘‘(A) is between— 

25 ‘‘(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 con8 tract. 

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

10 sponsor’, used with respect to proposed eligible activi11 ties, means the organization directly responsible for 

12 the proposed eligible activities. 

13 ‘‘(19) RECIPIENT.—Except as used in subtitle B, 

14 the term ‘recipient’ means an eligible entity who— 

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

16 under section 422 that is approved by the Sec17 retary; 

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

19 Secretary to support approved projects described 

20 in the application; and 

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

22 projects; or 

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

24 carry out the projects. 


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1 ‘‘(20) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Housing and Urban Development. 

3 ‘‘(21) SERIOUS MENTAL ILLNESS.—The term ‘se4 rious mental illness’ means a severe and persistent 

5 mental illness or emotional impairment that seriously 

6 limits a person’s ability to live independently. 

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

8 term ‘State’ means each of the several States, the Dis9 trict of Columbia, the Commonwealth of Puerto Rico, 

10 the United States Virgin Islands, Guam, American 

11 Samoa, the Commonwealth of the Northern Mariana 

12 Islands, the Trust Territory of the Pacific Islands, 

13 and any other territory or possession of the United 

14 States. 

15 ‘‘(23) SUPPORTIVE SERVICES.—The term ‘sup16 portive services’ means the supportive services de17 scribed in section 425(c). 

18 ‘‘(24) TENANT-BASED.—The term ‘tenant-based’, 

19 used with respect to rental assistance, means assist20 ance that allows an eligible person to select a housing 

21 unit in which such person will live using rental as22 sistance provided under subtitle C, except that if nec23 essary to assure that the provision of supportive serv24 ices to a person participating in a program is feaVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 sible, a recipient or project sponsor may require that 

2 the person live— 

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

4 not more than the first year of the participation; 

5 and 

6 ‘‘(B) within a particular geographic area 

7 for the full period of the participation, or the pe8 riod remaining after the period referred to in 

9 subparagraph (A). 

10 ‘‘(25) TRANSITIONAL HOUSING.—The term ‘tran11 sitional housing’ means housing, the purpose of which 

12 is to facilitate the movement of individuals and fami13 lies experiencing homelessness to permanent housing 

14 within 24 months or such longer period as the Sec15 retary determines necessary. 

16 ‘‘(26) UNIFIED FUNDING AGENCY.—The term 

17 ‘unified funding agency’ means a collaborative appli18 cant that performs the duties described in section 

19 402(g). 

20 ‘‘SEC. 402. COLLABORATIVE APPLICANTS. 

21 ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A collabo22 rative applicant shall be established for a geographic area 

23 by the relevant parties in that geographic area to— 

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

25 this subtitle; and 


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1 ‘‘(2) perform the duties specified in subsection (f) 

2 and, if applicable, subsection (g). 

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

4 An entity may be established to serve as a collaborative ap5 plicant under this section without being a legal entity. 

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

7 a collaborative applicant for a geographic area does not 

8 meet the requirements of this section, or if there is no col9 laborative applicant for a geographic area, the Secretary 

10 may take remedial action to ensure fair distribution of 

11 grant amounts under subtitle C to eligible entities within 

12 that area. Such measures may include designating another 

13 body as a collaborative applicant, or permitting other eligi14 ble entities to apply directly for grants. 

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

16 construed to displace conflict of interest or government fair 

17 practices laws, or their equivalent, that govern applicants 

18 for grant amounts under subtitles B and C. 

19 ‘‘(e) APPOINTMENT OF AGENT.— 

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

21 collaborative applicant may designate an agent— 

22 ‘‘(A) apply for a grant under section 422(c); 

23 ‘‘(B) receive and distribute grant funds 

24 awarded under subtitle C; and 

25 ‘‘(C) perform other administrative duties. 


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1 ‘‘(2) RETENTION OF DUTIES.—Any collaborative 

2 applicant that designates an agent pursuant to para3 graph (1) shall regardless of such designation retain 

4 all of its duties and responsibilities under this title. 

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

6 ‘‘(1) design a collaborative process for the devel7 opment of an application under subtitle C, and for 

8 evaluating the outcomes of projects for which funds 

9 are awarded under subtitle B, in such a manner as 

10 to provide information necessary for the Secretary— 

11 ‘‘(A) to determine compliance with— 

12 ‘‘(i) the program requirements under 

13 section 425; and 

14 ‘‘(ii) the selection criteria described 

15 under section 427; and 

16 ‘‘(B) to establish priorities for funding 

17 projects in the geographic area involved; 

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

19 geographic area served by the collaborative applicant; 

20 and 

21 ‘‘(3) ensure operation of, and consistent partici22 pation by, project sponsors in a community-wide 

23 homeless management information system for pur24 poses of — 


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1 ‘‘(A) collecting unduplicated counts of indi2 viduals and families experiencing homelessness; 

3 ‘‘(B) analyzing patterns of use of assistance 

4 provided under subtitles B and C for the geo5 graphic area involved; and 

6 ‘‘(C) providing information to project spon7 sors and applicants for needs analyses and fund8 ing priorities. 

9 ‘‘(g) UNIFIED FUNDING.— 

10 ‘‘(1) IN GENERAL.—In addition to the duties de11 scribed in subsection (f), a collaborative applicant 

12 shall receive from the Secretary and distribute to 

13 other project sponsors in the applicable geographic 

14 area funds for projects to be carried out by such other 

15 project sponsors, if— 

16 ‘‘(A) the collaborative applicant— 

17 ‘‘(i) applies to undertake such collec18 tion and distribution responsibilities in an 

19 application submitted under this subtitle; 

20 and 

21 ‘‘(ii) is selected to perform such respon22 sibilities by the Secretary; or 

23 ‘‘(B) the Secretary designates the collabo24 rative applicant as the unified funding agency 

25 in the geographic area, after— 


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

2 applicant— 

3 ‘‘(I) has the capacity to perform 

4 such responsibilities; and 

5 ‘‘(II) would serve the purposes of 

6 this Act as they apply to the geo7 graphic area; and 

8 ‘‘(ii) the Secretary provides the collabo9 rative applicant with the technical assist10 ance necessary to perform such responsibil11 ities as such assistance is agreed to by the 

12 collaborative applicant. 

13 ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUNDING

14 AGENCY.—A collaborative applicant that is either se15 lected or designated as a unified funding agency for 

16 a geographic area under paragraph (1) shall— 

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

18 funded by a grant received under subtitle C to 

19 establish such fiscal control and fund accounting 

20 procedures as may be necessary to assure the 

21 proper disbursal of, and accounting for, Federal 

22 funds awarded to the project sponsor under sub23 title C in order to ensure that all financial 

24 transactions carried out under subtitle C are 

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1 ance with generally accepted accounting prin2 ciples; and 

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

4 or evaluation of the financial records of each 

5 project carried out by a project sponsor funded 

6 by a grant received under subtitle C. 

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

8 a collaborative applicant may participate in decisions of 

9 the collaborative applicant concerning the award of a grant, 

10 or provision of other financial benefits, to such member or 

11 the organization that such member represents.’’; 

12 (5) by inserting after section 403 (as redesig13 nated in paragraph (2)) the following: 

14 ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARA15 TION. 

16 ‘‘(a) IN GENERAL.—Beginning on the date that is 2 

17 years after the date of the enactment of the Community 

18 Partnership to End Homelessness Act of 2007, and except 

19 as provided in subsection (b), any project sponsor receiving 

20 funds under this title to provide emergency shelter, transi21 tional housing, or permanent housing to families with chil22 dren under age 18 shall not deny admission to any family 

23 based on the age of any child under age 18. 

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

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1 ing receiving funds under this title may target transitional 

2 housing resources to families with children of a specific age 

3 only if the project sponsor— 

4 ‘‘(1) receives a significant amount of funding 

5 from a source that requires targeting to a specific age 

6 group; 

7 ‘‘(2) operates an emergency shelter, transitional 

8 housing, or permanent housing program that has a 

9 primary purpose of implementing an evidence-based 

10 practice that requires that shelter or housing units be 

11 targeted to families with children in a specific age 

12 group; or 

13 ‘‘(3) provides such assurances, as the Secretary 

14 shall by regulation require, that an equivalent appro15 priate alternative living arrangement for the whole 

16 family or household unit has been secured. 

17 ‘‘SEC. 405. TECHNICAL ASSISTANCE. 

18 ‘‘(a) TECHNICAL ASSISTANCE FOR PROJECT SPON19 SORS.—The Secretary shall make effective technical assist20 ance available to private nonprofit organizations and other 

21 nongovernmental entities, States, metropolitan cities, urban 

22 counties, and counties that are not urban counties that are 

23 potential project sponsors, in order to implement effective 

24 planning processes for preventing and ending homelessness, 

25 to optimize self-sufficiency among individuals experiencing 


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1 homelessness, to prevent the separation of families in emer2 gency shelter or other housing programs, and to improve 

3 their capacity to become project sponsors. 

4 ‘‘(b) TECHNICAL ASSISTANCE FOR COLLABORATIVE

5 APPLICANTS.—The Secretary shall make effective technical 

6 assistance available to collaborative applicants— 

7 ‘‘(1) to improve their ability to carry out the du8 ties required under subsections (f) and (g) of section 

9 402; 

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

11 strategies for preventing and ending homelessness in 

12 their geographic areas consistent with the provisions 

13 of this title; and 

14 ‘‘(3) to design and implement a community-wide 

15 process for assessing the performance of the applicant 

16 and project sponsors in meeting the purposes of this 

17 Act. 

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

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

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

21 available technical assistance under subsections (a) and (b). 

22 ‘‘SEC. 406. APPEALS. 

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

24 date of enactment of the Community Partnership to End 

25 Homelessness Act of 2007, the Secretary shall establish a 


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1 timely appeal procedure for grant amounts awarded or de2 nied under this subtitle pursuant to an application for 

3 funding. 

4 ‘‘(b) PROCESS.—The Secretary shall ensure that ap5 peals procedure established under subsection (a) permits ap6 peals submitted by— 

7 ‘‘(1) collaborative applicants; 

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

9 services projects (including emergency shelters and 

10 homelessness prevention programs); and 

11 ‘‘(3) homeless planning bodies not established as 

12 collaborative applicants.’’; and 

13 (6) by inserting after section 407 (as redesig14 nated in paragraph (2)) the following: 

15 ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 

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

17 this title $2,200,000,000 for fiscal year 2008 and such sums 

18 as may be necessary for fiscal years 2009, 2010, 2011, and 

19 2012.’’. 

20 SEC. 6. EMERGENCY SOLUTIONS GRANTS PROGRAM. 

21 Subtitle B of title IV of the McKinney-Vento Homeless 

22 Assistance Act (42 U.S.C. 11371 et seq.) is amended— 

23 (1) by striking the subtitle heading and inserting 

24 the following: 


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1 ‘‘Subtitle B—Emergency Solutions 

2 Grants Program’’; 

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

4 and inserting the following: 

5 ‘‘SEC. 412. GRANT ASSISTANCE. 

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

7 governments (and to private nonprofit organizations pro8 viding assistance to persons experiencing homelessness, in 

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

10 purpose of carrying out activities described in section 414. 

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

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

13 carry out this subtitle and subtitle C for a fiscal year, the 

14 Secretary shall allocate nationally 20 percent of such 

15 amount for activities described in section 414. The Sec16 retary shall be required to certify that such allocation will 

17 not adversely affect the renewal of existing projects under 

18 this subtitle and subtitle C for those individuals or families 

19 who are homeless. 

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

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

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

23 by collaborative applicants that submit applications under 

24 subtitle C, shall allocate the funds made available through 


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

2 in consultation with the collaborative applicants.’’; 

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

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

5 through ‘‘for any’’ and inserting ‘‘amounts appro6 priated under section 408 and made available to 

7 carry out this subtitle for any’’; 

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

9 and inserting the following: 

10 ‘‘SEC. 414. ELIGIBLE ACTIVITIES. 

11 ‘‘(a) IN GENERAL.—Assistance provided under section 

12 412 may be used for the following activities: 

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

14 conversion of buildings to be used as emergency shel15 ters. 

16 ‘‘(2) The provision of essential services related to 

17 emergency shelter or street outreach, including serv18 ices concerned with employment, health, education, 

19 family support services for homeless youth, alcohol or 

20 drug abuse prevention or treatment, or mental health 

21 treatment, if such essential services have not been pro22 vided by the local government during any part of the 

23 immediately preceding 12-month period, or the use of 

24 assistance under this subtitle would complement the 

25 provision of those essential services. 


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1 ‘‘(3) Maintenance, operation, insurance, provi2 sion of utilities, and provision of furnishings related 

3 to emergency shelter. 

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

5 short-term or medium-term housing to homeless indi6 viduals or families or individuals or families at risk 

7 of homelessness. Such rental assistance may include 

8 tenant-based or project-based rental assistance. 

9 ‘‘(5) Housing relocation or stabilization services 

10 for homeless individuals or families or individuals or 

11 families at risk of homelessness, including housing 

12 search, mediation or outreach to property owners, 

13 legal services, credit repair, providing security or 

14 utility deposits, utility payments, rental assistance 

15 for a final month at a location, assistance with mov16 ing costs, or other activities that are effective at— 

17 ‘‘(A) stabilizing individuals and families in 

18 their current housing; or 

19 ‘‘(B) quickly moving such individuals and 

20 families to other permanent housing. 

21 ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY SHEL22 TER ACTIVITIES.—Not more than 60 percent of the funds 

23 provided to a grantee under this subtitle may be used for 

24 activities described in paragraphs (1) through (3) of sub25 section (a), except that for the first 2 years after the date 


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1 of enactment of the Community Partnership to End Home2 lessness Act of 2007, a grantee may use the greater of 60 

3 percent of the funds provided or the amount expended in 

4 the year of enactment of such Act for said activities.’’; 

5 (5) in section 415 (42 U.S.C. 11375) by adding 

6 at the end the following: 

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

8 ensure that recipients of funds under this subtitle ensure 

9 the consistent participation by emergency shelters and 

10 homelessness prevention and rehousing programs in any 

11 applicable community-wide homeless management informa12 tion system.’’; 

13 (6) by repealing section 417 (42 U.S.C. 11377); 

14 and 

15 (7) by redesignating section 418 as section 417. 

16 SEC. 7. HOMELESS ASSISTANCE PROGRAM. 

17 Subtitle C of title IV of the McKinney-Vento Homeless 

18 Assistance Act (42 U.S.C. 11381 et seq.) is amended— 

19 (1) by striking the subtitle heading and inserting 

20 the following: 

21 ‘‘Subtitle C—Homeless Assistance 

22 Program’’; 

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

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


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1 ‘‘SEC. 421. PURPOSES. 

2 ‘‘The purposes of this subtitle are— 

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

4 the goal of ending homelessness; 

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

6 providers and State and local governments to quickly 

7 rehouse homeless individuals and families while mini8 mizing the trauma and dislocation caused to individ9 uals, families, and communities by homelessness; 

10 ‘‘(3) to promote access to, and effective utiliza11 tion of, mainstream programs identified by the Gov12 ernment Accountability Office in the 2 reports de13 scribed in section 102(a)(5)(B) and programs funded 

14 with State or local resources; and 

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

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

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

19 on a competitive basis, and using the selection criteria de20 scribed in section 427, to carry out eligible activities under 

21 this subtitle for projects that meet the program requirements 

22 under section 426, either by directly awarding funds to 

23 project sponsors or by awarding funds to unified funding 

24 agencies. 

25 ‘‘(b) NOTIFICATION OF FUNDING AVAILABILITY.—The 

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1 ability for grants awarded under this subtitle for a fiscal 

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

3 of the appropriate Act making appropriations for the De4 partment of Housing and Urban Development for the fiscal 

5 year. 

6 ‘‘(c) APPLICATIONS.— 

7 ‘‘(1) SUBMISSION TO THE SECRETARY.—To be el8 igible to receive a grant under subsection (a), a 

9 project sponsor or unified funding agency in a geo10 graphic area shall submit an application to the Sec11 retary at such time and in such manner as the Sec12 retary may require, and containing— 

13 ‘‘(A) such information as the Secretary de14 termines necessary— 

15 ‘‘(i) to determine compliance with the 

16 program requirements and selection criteria 

17 under this subtitle; and 

18 ‘‘(ii) to establish priorities for funding 

19 projects in the geographic area. 

20 ‘‘(2) ANNOUNCEMENT OF AWARDS.— 

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

22 subparagraph (B), the Secretary shall announce, 

23 within 5 months after the last date for the sub24 mission of applications described in this sub25 section for a fiscal year, the grants conditionally 


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1 awarded under subsection (a) for that fiscal 

2 year. 

3 ‘‘(B) TRANSITION.—For a period of up to 2 

4 years beginning after the date of enactment of 

5 the Community Partnership to End Homeless6 ness Act of 2007, the Secretary shall announce, 

7 within 6 months after the last date for the sub8 mission of applications described in this sub9 section for a fiscal year, the grants conditionally 

10 awarded under subsection (a) for that fiscal 

11 year. 

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

13 OF FUNDS.— 

14 ‘‘(1) REQUIREMENTS FOR OBLIGATION.— 

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

16 months after the announcement referred to in 

17 subsection (c)(2), each recipient of a grant an18 nounced under such subsection shall, with respect 

19 to a project to be funded through such grant, 

20 meet, or cause the project sponsor to meet, all re21 quirements for the obligation of funds for such 

22 project, including site control, matching funds, 

23 and environmental review requirements, except 

24 as provided in subparagraph (C). 


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1 ‘‘(B) ACQUISITION, REHABILITATION, OR

2 CONSTRUCTION.—Not later than 24 months after 

3 the announcement referred to in subsection 

4 (c)(2), each recipient of a grant announced 

5 under such subsection seeking the obligation of 

6 funds in connection with the acquisition of hous7 ing, rehabilitation of housing, or construction of 

8 new housing for a grant announced under such 

9 subsection shall meet all requirements for the ob10 ligation of those funds, including site control, 

11 matching funds, and environmental review re12 quirements. 

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

14 Secretary, and in compelling circumstances, the 

15 Secretary may extend the date by which a recipi16 ent of a grant announced under subsection (c)(2) 

17 shall meet or cause a project sponsor to meet the 

18 requirements described in subparagraphs (A) 

19 and (B) if the Secretary determines that compli20 ance with the requirements was delayed due to 

21 factors beyond the reasonable control of the re22 cipient or project sponsor. Such factors may in23 clude difficulties in obtaining site control for a 

24 proposed project, completing the process of ob25 taining secure financing for the project, obtainVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 ing approvals from State or local governments, 

2 or completing the technical submission require3 ments for the project. 

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

5 a recipient meets or causes a project sponsor to meet 

6 the requirements described in paragraph (1), the Sec7 retary shall obligate the funds for the grant involved. 

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

9 that receives funds through a grant under this sec10 tion— 

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

12 sponsors (in advance of expenditures by the 

13 project sponsors); and 

14 ‘‘(B) shall distribute the appropriate por15 tion of the funds to a project sponsor not later 

16 than 45 days after receiving a request for such 

17 distribution from the project sponsor. 

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

19 may establish a date by which funds made available 

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

21 for a homeless assistance project shall be entirely ex22 pended by the recipient or project sponsors involved. 

23 The date established under this paragraph shall not 

24 occur before the expiration of the 24-month period be25 ginning on the date that funds are obligated for acVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 tivities described under paragraphs (1) or (2) of sec2 tion 423(a). The Secretary shall recapture the funds 

3 not expended by such date. The Secretary shall reallo4 cate the funds for another homeless assistance and 

5 prevention project that meets the requirements of this 

6 subtitle to be carried out, if possible and appropriate, 

7 in the same geographic area as the area served 

8 through the original grant. 

9 ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL APPLI10 CANTS.—The Secretary may renew funding for a specific 

11 project previously funded under this subtitle that the Sec12 retary determines meets the purposes of this subtitle, and 

13 was included as part of a total application that met the 

14 criteria of subsection (c), even if the application was not 

15 selected to receive grant assistance. The Secretary may 

16 renew the funding for a period of not more than 1 year, 

17 and under such conditions as the Secretary determines to 

18 be appropriate. 

19 ‘‘(f) CONSIDERATIONS IN DETERMINING RENEWAL

20 FUNDING.—When providing renewal funding for leasing or 

21 rental assistance for permanent housing, the Secretary shall 

22 make adjustments proportional to increases in the fair mar23 ket rents in the geographic area. 

24 ‘‘(g) MORE THAN 1 APPLICATION FOR A GEOGRAPHIC

25 AREA.—If more than 1 collaborative applicant applies for 


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1 funds for a geographic area, the Secretary shall award 

2 funds to the collaborative applicant with the highest score 

3 based on the selection criteria set forth in section 427. 

4 ‘‘(h) CONFIDENTIALITY.— 

5 ‘‘(1) VICTIM SERVICE PROVIDERS.—In the course 

6 of awarding grants or implementing programs under 

7 this section, the Secretary shall instruct any victim 

8 service provider that is a recipient or subgrantee not 

9 to disclose for purposes of the Homeless Management 

10 Information System personally identifying informa11 tion about any client. The Secretary may, after pub12 lic notice and comment, require or ask such recipients 

13 and subgrantees to disclose for purposes of the Home14 less Management Information System non-personally 

15 identifying data that has been de-identified, 

16 encrypted, or otherwise encoded. Nothing in this sec17 tion shall be construed to supersede any provision of 

18 any Federal, State, or local law that provides greater 

19 protection than this paragraph for victims of domes20 tic violence, dating violence, sexual assault, or stalk21 ing. 

22 ‘‘(2) DEFINITIONS.—As used in this subsection: 

23 ‘‘(A) PERSONALLY IDENTIFYING INFORMA24 TION OR PERSONAL INFORMATION.—The terms 

25 ‘personally identifying information’ and ‘perVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 sonal information’ means individually identi2 fying information for or about an individual in3 cluding information likely to disclose the loca4 tion of a victim of domestic violence, dating vio5 lence, sexual assault, or stalking, including— 

6 ‘‘(i) a first and last name; 

7 ‘‘(ii) a home or other physical address; 

8 ‘‘(iii) contact information (including a 

9 postal, e-mail or Internet protocol address, 

10 or telephone or facsimile number); 

11 ‘‘(iv) a social security number; and 

12 ‘‘(v) any other information, including 

13 date of birth, racial or ethnic background, 

14 or religious affiliation, that, in combination 

15 with any other non-personally identifying 

16 information would serve to identify any in17 dividual. 

18 ‘‘(B) VICTIM SERVICE PROVIDER.—The term 

19 ‘victim service provider’ means a nonprofit, non20 governmental organization including rape crisis 

21 centers, battered women’s shelters, domestic vio22 lence transitional housing programs, and other 

23 programs whose primary mission is to provide 

24 services to victims of domestic violence, dating 

25 violence, sexual assault, or stalking. 


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1 ‘‘(i) COORDINATION WITH LOW INCOME HOUSING

2 CREDIT.— 

3 ‘‘(1) IN GENERAL.—Assistance under this subtitle 

4 is intended to facilitate the utilization of Low Income 

5 Housing Credits under section 42 of the Internal Rev6 enue Code of 1986. 

7 ‘‘(2) RULE OF CONSTRUCTION.—A building shall 

8 not be treated as federally subsidized under section 

9 42(i)(2) of the Internal Revenue Code of 1986 as a re10 sult of a loan funded from grants under this subtitle. 

11 ‘‘(3) TREATMENT OF CERTAIN GRANTS.—Funds 

12 provided pursuant to paragraphs (3), (4), (5), or (6) 

13 of section 423(a) shall not be treated as Federal 

14 grants for the purpose of determining the eligible 

15 basis of a building under section 42(d)(5)(A) of the 

16 Internal Revenue Code of 1986. 

17 ‘‘SEC. 423. ELIGIBLE ACTIVITIES. 

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

19 to project sponsors under section 422 to carry out homeless 

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

21 eligible activities: 

22 ‘‘(1) Construction of new housing units to pro23 vide transitional or permanent housing to homeless 

24 individuals and families. 


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

2 to provide supportive services or to provide transi3 tional or permanent housing, other than emergency 

4 shelter, to homeless individuals and families. 

5 ‘‘(3) Leasing of property, or portions of prop6 erty, not owned by the recipient or project sponsor in7 volved, for use in providing transitional or perma8 nent housing to homeless individuals and families, or 

9 providing supportive services to homeless individuals 

10 and families. 

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

12 transitional or permanent housing to homeless indi13 viduals and families. The rental assistance may in14 clude tenant-based or project-based rental assistance. 

15 Project-based rental assistance and operating cost as16 sistance contracts carried out by project sponsors re17 ceiving grants under this section may, at the discre18 tion of the applicant and the project sponsor, have an 

19 initial term of 15 years, with assistance for the first 

20 5 years paid with funds authorized for appropriation 

21 under this Act, and assistance for the remainder of 

22 the term treated as a renewal of an expiring contract 

23 as provided in section 429. Project-based rental assist24 ance may include rental assistance to preserve existVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 ing permanent supportive housing for homeless indi2 viduals and families. 

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

4 units assisted under this subtitle or for the preserva5 tion of housing that will serve homeless individuals 

6 and families and for which another form of assistance 

7 is expiring or otherwise no longer available. 

8 ‘‘(6) Provision of supportive services to homeless 

9 individuals and families, individuals or families who 

10 in the prior 6 months have been homeless but are cur11 rently residing in permanent housing, or individuals 

12 and families who were homeless and are now residing 

13 in permanent supportive housing. 

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

15 housing search, mediation or outreach to property 

16 owners, credit repair, providing security or utility de17 posits, rental assistance for a final month at a loca18 tion, assistance with moving costs, or other activities 

19 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, 

25 but are currently residing in permanent housing. 


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1 ‘‘(8) In the case of a collaborative applicant that 

2 is a legal entity, performance of the duties described 

3 under section 402(f)(3). 

4 ‘‘(9) Operation of, participation in, and ensur5 ing consistent participation by project sponsors in, a 

6 community-wide homeless management information 

7 system. 

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

9 that is a legal entity, payment of administrative costs 

10 related to meeting the requirements described in para11 graphs (1) and (2) of section 402(f), for which the col12 laborative applicant may use not more than 3 percent 

13 of the total funds made available in the geographic 

14 area under this subtitle for such costs, in addition to 

15 funds used under paragraph (10). 

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

17 that is a unified funding agency under section 402(g), 

18 payment of administrative costs related to meeting 

19 the requirements of that section, for which the unified 

20 funding agency may use not more than 3 percent of 

21 the total funds made available in the geographic area 

22 under this subtitle for such costs, in addition to funds 

23 used under paragraph (10). 

24 ‘‘(12) Payment of administrative costs to project 

25 sponsors, for which each project sponsor may use not 


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1 more than 7 percent of the total funds made available 

2 to that project sponsor through this subtitle for such 

3 costs. 

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

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

6 projects providing permanent housing. 

7 ‘‘(c) USE RESTRICTIONS.— 

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

9 CONSTRUCTION.—A project that consists of activities 

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

11 shall be operated for the purpose specified in the ap12 plication submitted for the project under section 422 

13 for not less than 15 years. 

14 ‘‘(2) OTHER ACTIVITIES.—A project that consists 

15 of activities described in any of paragraphs (3) 

16 through (12) of subsection (a) shall be operated for the 

17 purpose specified in the application submitted for the 

18 project under section 422 for the duration of the grant 

19 period involved. 

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

21 sponsor carrying out a project that provides transi22 tional or permanent housing submits a request to the 

23 collaborative applicant or unified funding agency in24 volved to carry out instead a project for the direct 

25 benefit of low-income persons, and the collaborative 


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1 applicant or unified funding agency determines that 

2 the initial project is no longer needed to provide tran3 sitional or permanent housing, the collaborative ap4 plicant or unified funding agency may recommend 

5 that the Secretary approve the project described in the 

6 request and authorize the recipient or project sponsor 

7 to carry out that project. If the collaborative appli8 cant or unified funding agency is the recipient or 

9 project sponsor, it shall submit such a request directly 

10 to the Secretary who shall determine if the conversion 

11 of the project is appropriate. 

12 ‘‘(d) REPAYMENT OF ASSISTANCE AND PREVENTION OF

13 UNDUE BENEFITS.— 

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

15 sponsor receiving funds from the recipient) receives 

16 assistance under section 422 to carry out a project 

17 that consists of activities described in paragraph (1) 

18 or (2) of subsection (a) and the project ceases to pro19 vide transitional or permanent housing— 

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

21 of the project begins, the Secretary shall require 

22 the recipient (or the project sponsor receiving 

23 funds from the recipient) to repay 100 percent of 

24 the assistance; or 


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

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

4 the project sponsor receiving funds from the re5 cipient) to repay 20 percent of the assistance for 

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

7 the project fails to provide that housing. 

8 ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Except 

9 as provided in paragraph (3), if any property is used 

10 for a project that receives assistance under subsection 

11 (a) and consists of activities described in paragraph 

12 (1) or (2) of subsection (a), and the sale or other dis13 position of the property occurs before the expiration 

14 of the 15-year period beginning on the date that oper15 ation of the project begins, the recipient (or the 

16 project sponsor receiving funds from the recipient) 

17 who received the assistance shall comply with such 

18 terms and conditions as the Secretary may prescribe 

19 to prevent the recipient (or a project sponsor receiving 

20 funds from the recipient) from unduly benefitting 

21 from such sale or disposition. 

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

23 sponsor receiving funds from the recipient) shall not 

24 be required to make the repayments, and comply with 


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1 the terms and conditions, required under paragraph 

2 (1) or (2) if— 

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

4 used for the project results in the use of the prop5 erty for the direct benefit of very low-income per6 sons; 

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

10 subtitle; 

11 ‘‘(C) project-based rental assistance or oper12 ating cost assistance from any Federal program 

13 or an equivalent State or local program is no 

14 longer made available and the project is meeting 

15 applicable performance standards, provided that 

16 the portion of the project that had benefitted 

17 from such assistance continues to meet the tenant 

18 income and rent restrictions for low-income 

19 units under section 42(g) of the Internal Revenue 

20 Code of 1986; or 

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

22 in the geographic area who are homeless, in 

23 which case the project may serve individuals and 

24 families at risk of homelessness. 


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1 ‘‘(e) STAFF TRAINING.—The Secretary may allow rea2 sonable costs associated with staff training to be included 

3 as part of the activities described in subsection (a). 

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

5 project that receives assistance under subsection (a) and 

6 that provides project-based permanent housing for homeless 

7 individuals or families with a disability, including projects 

8 that meet the requirements of subsection (a) and subsection 

9 (d)(2)(A) of section 428 may also serve individuals who had 

10 previously met the requirements for such project prior to 

11 moving into a different permanent housing project. 

12 ‘‘SEC. 424. FLEXIBILITY INCENTIVES FOR HIGH-PER13 FORMING COMMUNITIES. 

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

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

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

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

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

25 homeless individuals and families under similar cirVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 cumstances, in order to encourage projects in the geo2 graphic area to serve homeless individuals and fami3 lies with more severe barriers to housing stability. 

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

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

6 Secretary shall designate not more than 10 collabo7 rative applicants as high-performing communities. 

8 ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—In the 

9 event that during the 2-year period described under 

10 paragraph (2) more than 10 collaborative applicants 

11 could qualify to be designated as high-performing 

12 communities, the Secretary shall designate the 10 that 

13 have, in the discretion of the Secretary, the best per14 formance based on the criteria described under sub15 section (d). 

16 ‘‘(5) TIME LIMIT ON DESIGNATION.—The des17 ignation of any collaborative applicant as a high-per18 forming community under this subsection shall be ef19 fective only for the year in which such designation is 

20 made. The Secretary, on an annual basis, may renew 

21 any such designation. 

22 ‘‘(b) APPLICATION TO BE A HIGH-PERFORMING COM23 MUNITY.— 

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

25 seeking designation as a high-performing community 


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1 under subsection (a) shall submit an application to 

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

3 the Secretary may require. 

4 ‘‘(2) CONTENT OF APPLICATION.—In any appli5 cation submitted under paragraph (1), a collaborative 

6 applicant shall include in such application— 

7 ‘‘(A) a report showing how any money re8 ceived under this subtitle in the preceding year 

9 was expended; and 

10 ‘‘(B) information that such applicant can 

11 meet the requirements described under subsection 

12 (d). 

13 ‘‘(3) PUBLICATION OF APPLICATION.—The Sec14 retary shall— 

15 ‘‘(A) publish any report or information sub16 mitted in an application under this section in 

17 the geographic area represented by the collabo18 rative applicant; and 

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

20 whether the collaborative applicant seeking des21 ignation as a high-performing community meets 

22 the requirements described under subsection (d). 

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

24 422(a) to a project sponsor who is located in a high-per25 forming community may be used— 


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

2 section 423; or 

3 ‘‘(2) for any of the eligible activities described in 

4 paragraphs (4) and (5) of section 414(a). 

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 4 

9 requirements are met for that geographic area: 

10 ‘‘(1) The mean length of episodes of homelessness 

11 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 least 

15 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 individuals 

23 and families who become homeless again within 

the next 2 years has decreased by at least 1 24 ⁄5

25 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 in 

9 the data system used by that community for de10 termining 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 414(a) in pre14 vious years based on the authority granted under sub15 section (c), that such activities were effective at reduc16 ing the number of individuals and families who be17 came homeless in that community. 

18 ‘‘(e) COOPERATION AMONG ENTITIES.—A collaborative 

19 applicant designated as a high-performing community 

20 under this section shall cooperate with the Secretary in dis21 tributing information about successful efforts within the ge22 ographic area represented by the collaborative applicant to 

23 reduce homelessness.’’; 

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


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1 (A) by striking subsection (a) and inserting 

2 the following: 

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

4 each application include reasonable assurances that the ap5 plicant will own or have control of a site for the proposed 

6 project not later than the expiration of the 12-month period 

7 beginning upon notification of an award for grant assist8 ance, unless the application proposes providing supportive 

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

10 will eventually be owned or controlled by the families and 

11 individuals served. An applicant may obtain ownership or 

12 control of a suitable site different from the site specified 

13 in the application. If any recipient (or project sponsor re14 ceiving funds from the recipient) fails to obtain ownership 

15 or control of the site within 12 months after notification 

16 of an award for grant assistance, the grant shall be recap17 tured and reallocated under this subtitle.’’; 

18 (B) by striking subsection (b) and inserting 

19 the following: 

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

21 not provide assistance for a proposed project under this sub22 title unless the collaborative applicant involved agrees— 

23 ‘‘(1) to ensure the operation of the project in ac24 cordance 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 fam14 ily 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 this 

18 subtitle will not be made public, except with 

19 written authorization of the person responsible 

20 for the operation of such project; 

21 ‘‘(C) they will establish policies and prac22 tices that are consistent with, and do not restrict 

23 the exercise of rights provided by, subtitle B of 

24 title VII, and other laws relating to the provision 


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1 of educational and related services to individuals 

2 and families experiencing homelessness; 

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 than— 

9 ‘‘(i) 8 such persons in a single struc10 ture or contiguous structures; 

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

12 more than 20 percent of the units in a 

13 structure are designated for such persons; or 

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

15 applicant demonstrates that local market 

16 conditions dictate the development of a 

17 large project and such development will 

18 achieve the neighborhood integration objec19 tives of the program within the context of 

20 the affected community; 

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

22 funding agency under section 402(g) and receives 

23 funds under subtitle C to carry out the payment of 

24 administrative costs described in section 423(a)(7), to 

25 establish such fiscal control and fund accounting proVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 cedures as may be necessary to assure the proper dis2 bursal of, and accounting for, such funds in order to 

3 ensure that all financial transactions carried out with 

4 such funds are conducted, and records maintained, in 

5 accordance with generally accepted accounting prin6 ciples; 

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

8 provision of matching funds as required by section 

9 430; and 

10 ‘‘(7) to comply with such other terms and condi11 tions as the Secretary may establish to carry out this 

12 subtitle in an effective and efficient manner.’’; 

13 (C) by redesignating subsection (d) as sub14 section (c); 

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

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

17 striking ‘‘recipient’’ and inserting ‘‘recipient or 

18 project sponsor’’; 

19 (E) by striking subsection (e); 

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

21 and (h), as subsections (d), (e), and (f), respec22 tively; 

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

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


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

2 inserting ‘‘recipient or project sponsor’’; 

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

4 (I) by redesignating subsection (j) as sub5 section (g); 

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

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

8 U.S.C. 11387, 11388) as sections 431 and 432, respec9 tively; and 

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

11 ‘‘SEC. 427. SELECTION CRITERIA. 

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

13 to recipients by a national competition between geographic 

14 areas based on criteria established by the Secretary. 

15 ‘‘(b) REQUIRED CRITERIA.— 

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

17 under subsection (a) shall include— 

18 ‘‘(A) the previous performance of the recipi19 ent regarding homelessness, including perform20 ance related to funds provided under section 412 

21 (except that recipients applying from geographic 

22 areas where no funds have been awarded under 

23 this subtitle, or under subtitles C, D, E, or F of 

24 title IV of this Act, as in effect prior to the date 

25 of the enactment of the Community Partnership 


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1 to End Homelessness Act of 2007, shall receive 

2 full credit for performance under this subpara3 graph), measured by criteria that shall be an4 nounced by the Secretary, that shall take into ac5 count barriers faced by individual homeless peo6 ple, and that shall include— 

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

8 families remain homeless; 

9 ‘‘(ii) the extent to which individuals 

10 and families who leave homelessness experi11 ence additional spells of homelessness; 

12 ‘‘(iii) the thoroughness of grantees in 

13 the geographic area in reaching homeless 

14 individuals and families; 

15 ‘‘(iv) overall reduction in the number 

16 of homeless individuals and families; 

17 ‘‘(v) jobs and income growth for home18 less individuals and families; 

19 ‘‘(vi) success at reducing the number of 

20 individuals and families who become home21 less; and 

22 ‘‘(vii) other accomplishments by the re23 cipient related to reducing homelessness; 

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

25 describe— 


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1 ‘‘(i) how the number of individuals 

2 and families who become homeless will be 

3 reduced in the community; 

4 ‘‘(ii) how the length of time that indi5 viduals and families remain homeless will 

6 be reduced; and 

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

8 will— 

9 ‘‘(I) address the needs of all rel10 evant subpopulations; 

11 ‘‘(II) incorporate comprehensive 

12 strategies for reducing homelessness, 

13 including the interventions referred to 

14 in section 428(d); 

15 ‘‘(III) set quantifiable perform16 ance measures; 

17 ‘‘(IV) set timelines for completion 

18 of specific tasks; 

19 ‘‘(V) identify specific funding 

20 sources for planned activities; and 

21 ‘‘(VI) identify an individual or 

22 body responsible for overseeing imple23 mentation of specific strategies; 

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

25 to determine the priority for funding local 


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

2 extent to which the priority-setting process— 

3 ‘‘(i) uses periodically collected infor4 mation and analysis to determine the extent 

5 to which each project has resulted in rapid 

6 return to permanent housing for those 

7 served by the project, taking into account 

8 the severity of barriers faced by the people 

9 the project serves; 

10 ‘‘(ii) considers the full range of opin11 ions from individuals or entities with 

12 knowledge of homelessness in the geographic 

13 area or an interest in preventing or ending 

14 homelessness in the geographic area; 

15 ‘‘(iii) is based on objective criteria that 

16 have been publicly announced by the recipi17 ent; and 

18 ‘‘(iv) is open to proposals from entities 

19 that have not previously received funds 

20 under this subtitle; 

21 ‘‘(D) the extent to which the amount of as22 sistance to be provided under this subtitle to the 

23 recipient will be supplemented with resources 

24 from other public and private sources, including 

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1 ment Accountability Office in the 2 reports de2 scribed in section 102(a)(5)(B); 

3 ‘‘(E) demonstrated coordination by the re4 cipient with the other Federal, State, local, pri5 vate, and other entities serving individuals and 

6 families experiencing homelessness and at risk of 

7 homelessness in the planning and operation of 

8 projects, to the extent practicable; and 

9 ‘‘(F) such other factors as the Secretary de10 termines to be appropriate to carry out this sub11 title in an effective and efficient manner. 

12 ‘‘(2) ADDITIONAL CRITERIA.—In addition to the 

13 criteria required under paragraph (1), the criteria es14 tablished under subsection (a) shall also include the 

15 need within the geographic area for homeless services, 

16 determined as follows and under the following condi17 tions: 

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

19 each collaborative applicant, at a time concur20 rent with the release of the Notice of Funding 

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

22 the pro rata estimated need amount under this 

23 subtitle for the geographic area represented by 

24 the collaborative applicant. 

25 ‘‘(B) AMOUNT.— 


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1 ‘‘(i) INITIAL DETERMINATION PE2 RIOD.—For the 2-year period beginning on 

3 the date of the enactment of the Community 

4 Partnership to End Homelessness Act of 

5 2007, the estimated need amount under sub6 paragraph (A) shall be determined by the 

7 Secretary. 

8 ‘‘(ii) FINAL DETERMINATION PE9 RIOD.— 

10 ‘‘(I) IN GENERAL.—Upon expira11 tion of the 2-year period set forth 

12 under clause (i), the Secretary shall de13 velop and adopt regulations estab14 lishing a new formula for determining 

15 the estimated need amount under sub16 paragraph (A). 

17 ‘‘(II) BEST DATA.—The new for18 mula developed under subclause (I) 

19 shall use the best currently available 

20 data that targets such need amount to 

21 actual rates of homelessness and the 

22 risk of homelessness in the geographic 

23 area represented by the collaborative 

24 applicant. 


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1 ‘‘(III) CONSIDERATIONS.—In de2 veloping the new formula required 

3 under subclause (I), the Secretary shall 

4 give— 

5 ‘‘(aa) significant consider6 ation to data providing accurate 

7 counts of— 

8 ‘‘(AA) the current num9 ber of homeless individuals 

10 in the geographic area rep11 resented by the collaborative 

12 applicant; 

13 ‘‘(BB) shortages of af14 fordable housing in the geo15 graphic area represented by 

16 the collaborative applicant; 

17 and 

18 ‘‘(CC) the severe housing 

19 problems among extremely 

20 low-income households in the 

21 geographic area represented 

22 by the collaborative appli23 cant; and 

24 ‘‘(bb) particular attention to 

25 variables measuring— 


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1 ‘‘(AA) shortages of hous2 ing affordable and available 

3 to extremely low-income rent4 ers in the geographic area 

5 represented by the collabo6 rative applicant; 

7 ‘‘(BB) the number of ex8 tremely low-income house9 holds in the geographic area 

10 represented by the collabo11 rative applicant who experi12 ence severe cost burden, live 

13 in substandard housing, or 

14 have crowding problems; and 

15 ‘‘(CC) the poverty rate 

16 in the geographic area rep17 resented by the collaborative 

18 applicant. 

19 ‘‘(iii) COMBINATIONS OR CONSORTIA.— 

20 For a collaborative applicant that rep21 resents a combination or consortium of cit22 ies or counties, the estimated need amount 

23 shall be the sum of the estimated need 

24 amounts for the cities or counties rep25 resented by the collaborative applicant. 


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1 ‘‘(iv) AUTHORITY OF SECRETARY.— 

2 Subject to the availability of appropria3 tions, the Secretary shall increase the esti4 mated need amount for a geographic area if 

5 necessary to provide 1 year of renewal fund6 ing for all expiring contracts entered into 

7 under this subtitle for the geographic area. 

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

9 SPECIFIC ELIGIBLE ACTIVITIES. 

10 ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT HOUS11 ING FOR HOMELESS INDIVIDUALS AND FAMILIES WITH

12 DISABILITIES.— 

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

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

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

16 sums made available to carry out subtitle B and this 

17 subtitle for that fiscal year shall be used for perma18 nent housing for homeless individuals with disabil19 ities and homeless families that include such an indi20 vidual who is an adult or a minor head of household 

21 if no adult is present in the household. 

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

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

24 for activities that are described in paragraph (1), the 

25 Secretary shall not count funds made available to 


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1 renew contracts for existing projects under section 

2 429. 

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 established 

9 in paragraph (1) shall be suspended for any year in 

10 which available funding for grants under this subtitle 

11 would not be sufficient to renew for 1 year existing 

12 grants that would otherwise be funded under this sub13 title. 

14 ‘‘(5) TERMINATION.—The requirement estab15 lished in paragraph (1) shall terminate upon a find16 ing by the Secretary that since the beginning of 2001 

17 at least 150,000 new units of permanent housing for 

18 homeless individuals and families with disabilities 

19 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 this 


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1 subtitle for that fiscal year shall be used to provide or secure 

2 permanent housing for homeless families with children. 

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

4 REHABILITATION OF PERMANENT OR TRANSITIONAL HOUS5 ING.—Nothing in this subtitle shall be construed to establish 

6 a limit on the amount of funding that an applicant may 

7 request under this subtitle for acquisition, construction, or 

8 rehabilitation activities for the development of permanent 

9 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 homeless15 ness generally or reducing homelessness for a specific 

16 subpopulation. 

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

18 this subsection, activities that have been proven to be 

19 effective at reducing homelessness generally or reduc20 ing 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 overcome 


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1 barriers to rehousing, support services concen2 trating on improving incomes to pay rent, cou3 pled with performance measures emphasizing 

4 rapid and permanent rehousing and with 

5 leveraging funding from mainstream family 

6 service systems such as Temporary Assistance for 

7 Needy Families and Child Welfare services; and 

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

9 Secretary, based on research and after notice and 

10 comment to the public, to have been proven effec11 tive at reducing homelessness generally or reduc12 ing homelessness for a specific subpopulation. 

13 ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMENTATION

14 OF PROVEN STRATEGIES.—If any geographic area dem15 onstrates that it has fully implemented any of the activities 

16 described in subsection (d) for all homeless individuals and 

17 families or for all members of subpopulations for whom such 

18 activities are targeted, that geographic area shall receive the 

19 bonus or incentive provided under subsection (d), but may 

20 use such bonus or incentive for any eligible activity under 

21 either section 423 or paragraphs (4) and (5) of section 

22 414(a) for homeless people generally or for the relevant sub23 population. 


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

2 FOR PERMANENT HOUSING. 

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

4 the account or accounts designated for appropriations for 

5 use in connection with section 8 of the United States Hous6 ing Act of 1937 (42 U.S.C. 1437f), the Secretary shall use 

7 such sums as may be necessary for the purpose of renewing 

8 expiring contracts for leasing, rental assistance, or oper9 ating costs for permanent housing. 

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

11 subsection (a) shall be available for the renewal of contracts 

12 in the case of tenant-based assistance, successive 1-year 

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

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

15 or project sponsor and subject to the availability of annual 

16 appropriations, for rental assistance and housing operation 

17 costs associated with permanent housing projects funded 

18 under this subtitle, or under subtitle C or F (as in effect 

19 on the day before the date of enactment of the Community 

20 Partnership to End Homelessness Act of 2007). The Sec21 retary shall determine whether to renew a contract for such 

22 a permanent housing project on the basis of certification 

23 by the collaborative applicant for the geographic area 

24 that— 

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

26 and 


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

3 and habitability, as determined by the Secretary. 

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

5 construed as prohibiting the Secretary from renewing con6 tracts under this subtitle in accordance with criteria set 

7 forth in a provision of this subtitle other than this section. 

8 ‘‘SEC. 430. MATCHING FUNDING. 

9 ‘‘(a) IN GENERAL.—A collaborative applicant in a ge10 ographic area in which funds are awarded under this sub11 title shall specify contributions from any source other than 

12 a grant awarded under this subtitle, that shall be made 

13 available in the geographic area in an amount equal to not 

14 less than 25 percent of the funds provided to recipients in 

15 the geographic area, except that grants for leasing under 

16 section 423(a)(3) of this Act, as such section existed prior 

17 to the date of the enactment of the Community Partnership 

18 to End Homelessness Act of 2007, that were originally made 

19 without a match requirement under the terms of such prior 

20 section, shall not be subject to any match requirement when 

21 such grants are renewed. 

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

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

24 project sponsor by an entity other than the project sponsor 

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


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

3 services will be provided. 

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

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

7 under section 423; and 

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

9 of services of any eligible activity described under sec10 tion 423.’’. 

11 SEC. 8. RURAL HOUSING STABILITY ASSISTANCE. 

12 Subtitle D of title IV of the McKinney-Vento Homeless 

13 Assistance Act (42 U.S.C. 11408 et seq.), as redesignated 

14 by section 10, is amended— 

15 (1) by striking the subtitle heading and inserting 

16 the following: 

17 ‘‘Subtitle D—Rural Housing 

18 Stability Assistance Program’’; 

19 and 

20 (2) in section 491— 

21 (A) by striking the section heading and in22 serting ‘‘RURAL HOUSING STABILITY GRANT

23 PROGRAM.’’; 

24 (B) in subsection (a)— 


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1 (i) by striking ‘‘rural homelessness 

2 grant program’’ and inserting ‘‘rural hous3 ing stability grant program’’; 

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

5 under subtitle C’’ after ‘‘eligible organiza6 tions’’; and 

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

8 and (3), and inserting the following: 

9 ‘‘(1) rehousing or improving the housing situa10 tions of individuals and families who are homeless or 

11 in the worst housing situations in the geographic 

12 area; 

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

14 families who are in imminent danger of losing hous15 ing; and 

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

17 residents of the community to afford stable housing.’’; 

18 (C) in subsection (b)(1)— 

19 (i) by redesignating subparagraphs 

20 (E), (F), and (G) as subparagraphs (I), (J), 

21 and (K), respectively; and 

22 (ii) by striking subparagraph (D) and 

23 inserting the following: 


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

2 provide transitional or permanent housing to 

3 homeless individuals and families; 

4 ‘‘(E) acquisition or rehabilitation of a 

5 structure to provide supportive services or to 

6 provide transitional or permanent housing, other 

7 than emergency shelter, to homeless individuals 

8 and families; 

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

10 property, not owned by the recipient or project 

11 sponsor involved, for use in providing transi12 tional or permanent housing to homeless individ13 uals and families, or providing supportive serv14 ices to homeless individuals and families; 

15 ‘‘(G) provision of rental assistance to pro16 vide transitional or permanent housing to home17 less individuals and families, such rental assist18 ance may include tenant-based or project-based 

19 rental assistance; 

20 ‘‘(H) payment of operating costs for housing 

21 units assisted under this title;’’; 

22 (D) in subsection (b)(2), by striking ‘‘ap23 propriated’’ and inserting ‘‘transferred’’; 

24 (E) in subsection (c)— 


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

2 ‘‘appropriated’’ and inserting ‘‘transferred’’; 

3 and 

4 (ii) in paragraph (3), by striking ‘‘ap5 propriated’’ and inserting ‘‘transferred’’; 

6 (F) in subsection (d)— 

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

8 and’’ and inserting a semicolon; 

9 (ii) in paragraph (6)— 

10 (I) by striking ‘‘an agreement’’ 

11 and all that follows through ‘‘families’’ 

12 and inserting the following: ‘‘a descrip13 tion of how individuals and families 

14 who are homeless or who have the low15 est incomes in the community will be 

16 involved by the organization’’; and 

17 (II) by striking the period at the 

18 end, and inserting a semicolon; and 

19 (iii) by adding at the end the fol20 lowing: 

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

22 place within the community to ascertain the most im23 portant uses for funding under this section, including 

24 the involvement of potential beneficiaries of the 

25 project; and 


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

2 homelessness and of the worst housing situations in 

3 the community.’’; 

4 (G) in subsection (e), by inserting ‘‘public 

5 and’’ before ‘‘private’’; 

6 (H) by striking subsections (f) and (g) and 

7 inserting the following: 

8 ‘‘(f) MATCHING FUNDING.— 

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

10 receive a grant under subsection (a) shall specify 

11 matching contributions from any source other than a 

12 grant awarded under this subtitle, that shall be made 

13 available in an amount equal to not less than 25 per14 cent of the funds provided for the project or activity, 

15 except that grants for leasing under section 423(a)(3) 

16 of this Act, as such section existed prior to the date 

17 of the enactment of the Community Partnership to 

18 End Homelessness Act of 2007, that were originally 

19 made without a match requirement under the terms 

20 of such prior section, shall not be subject to any 

21 match requirement when such grants are renewed. 

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

23 value of services provided to the beneficiaries or cli24 ents of an eligible organization by an entity other 

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1 tions in paragraph (1) only when documented by a 

2 memorandum of understanding between the organiza3 tion and the other entity that such services will be 

4 provided. 

5 ‘‘(3) COUNTABLE ACTIVITIES.—The contributions 

6 required under paragraph (1) may consist of— 

7 ‘‘(A) funding for any eligible activity de8 scribed under subsection (b); and 

9 ‘‘(B) subject to paragraph (2), in-kind pro10 vision of services of any eligible activity de11 scribed under subsection (b). 

12 ‘‘(g) SELECTION CRITERIA.—The Secretary shall es13 tablish criteria for selecting recipients of grants under sub14 section (a), including— 

15 ‘‘(1) the participation of potential beneficiaries 

16 of the project in assessing the need for, and impor17 tance of, the project in the community; 

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

19 most harmful housing situations present in the com20 munity; 

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

22 community to meet the goals described in subsection 

23 (a); 

24 ‘‘(4) the performance of the organization in im25 proving housing situations, taking account of the seVerDate Aug 31 2005 00:18 Nov 02, 2007 Jkt 069200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\S1518.RS S1518

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1 verity of barriers of individuals and families served 

2 by the organization; 

3 ‘‘(5) for organizations that have previously re4 ceived funding under this section, the extent of im5 provement in homelessness and the worst housing sit6 uations in the community since such funding began; 

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

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

9 ‘‘(7) any other relevant criteria as determined by 

10 the Secretary.’’; 

11 (I) in subsection (h)— 

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

13 ‘‘providing housing and other assistance to 

14 homeless persons’’ and inserting ‘‘meeting 

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

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

17 ‘‘and the worst housing situations’’ after 

18 ‘‘homelessness’’; and 

19 (iii) in paragraph (2), by inserting 

20 ‘‘and the worst housing situations’’ after 

21 ‘‘homelessness’’; 

22 (J) in subsection (k)— 

23 (i) in paragraph (1), by striking 

24 ‘‘rural homelessness grant program’’ and 


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1 inserting ‘‘rural housing stability grant 

2 program’’; and 

3 (ii) in paragraph (2)— 

4 (I) in subparagraph (A), by strik5 ing ‘‘; or’’ and inserting a semicolon; 

6 (II) in subparagraph (B)(ii), by 

7 striking ‘‘rural census tract.’’ and in8 serting ‘‘census tract where at least 75 

9 percent of the population is rural; or’’; 

10 and 

11 (III) by adding at the end the fol12 lowing: 

13 ‘‘(C) any area or community, respectively, 

14 located in a State that has population density of 

15 less than 30 persons per square mile (as reported 

16 in the most recent decennial census), and of 

17 which at least 1.25 percent of the total acreage 

18 of such State is under Federal jurisdiction, pro19 vided that no metropolitan city (as such term is 

20 defined in section 102 of the Housing and Com21 munity Development Act of 1974) in such State 

22 is the sole beneficiary of the grant amounts 

23 awarded under this section.’’; 

24 (K) 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 section 427(b)(2) to meet the needs of any geographic 

9 area in the Nation that applies for funding under 

10 this section. The Secretary shall transfer any amounts 

11 determined under this subsection from the Commu12 nity Homeless Assistance Program and consolidate 

13 such transferred amounts for grants under this sec14 tion, except that the Secretary shall transfer an 

15 amount not less than 5 percent of the amount avail16 able under this subtitle for grants under this sec17 tion.’’; and 

18 (L) by adding at the end the following: 

19 ‘‘(m) DIVISION OF FUNDS.— 

20 ‘‘(1) AGREEMENT AMONG GEOGRAPHIC AREAS.— 

21 If the Secretary receives an application or applica22 tions to provide services in a geographic area under 

23 this subtitle, and also under subtitle C, the Secretary 

24 shall consult with all applicants from the geographic 


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1 area to determine whether all agree to proceed under 

2 either this subtitle or under subtitle C. 

3 ‘‘(2) DEFAULT IF NO AGREEMENT.—If no agree4 ment is reached under paragraph (1), the Secretary 

5 shall proceed under this subtitle or under subtitle C, 

6 depending on which results in the largest total grant 

7 funding to the geographic area. 

8 ‘‘(n) REGULATIONS.— 

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

10 after the date of the enactment of the Community 

11 Partnership to End Homelessness Act of 2007, the 

12 Secretary shall promulgate regulations governing the 

13 administration of the grant program under this sec14 tion, as such program was modified by section 8 of 

15 such Act. 

16 ‘‘(2) RULE OF CONSTRUCTION.—The requirement 

17 of regulations under paragraph (1) shall not be con18 strued so as to prevent the Secretary from carrying 

19 out the grant program set forth under this section 

20 prior to the expiration of the 18-month period de21 scribed under paragraph (1).’’. 

22 SEC. 9. RESEARCH. 

23 There is authorized to be appropriated $8,000,000, for 

24 each of fiscal years 2009, 2010, and 2011, for research into 

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1 pended by the Secretary of Housing and Urban Develop2 ment over the 3 years at 3 different sites to provide services 

3 for homeless families and evaluate the effectiveness of such 

4 services. 

5 SEC. 10. REPEALS AND CONFORMING AMENDMENTS. 

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

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

8 11391 et seq., 11401 et seq., and 11403 et seq.) are repealed. 

9 (b) CONFORMING AMENDMENT.—Subtitle G of title IV 

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

11 11408 et seq.) is amended by redesignating subtitle G as 

12 subtitle D. 

13 SEC. 11. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN 

14 OFFICE OF SECRETARY OF HOUSING AND 

15 URBAN DEVELOPMENT. 

16 Section 4 of the Department of Housing and Urban 

17 Development Act (42 U.S.C. 3533) is amended by adding 

18 at the end the following new subsection: 

19 ‘‘(g) SPECIAL ASSISTANT FOR VETERANS AFFAIRS.— 

20 ‘‘(1) ESTABLISHMENT.—There shall be in the 

21 Department a Special Assistant for Veterans Affairs, 

22 who shall be in the Office of the Secretary. 

23 ‘‘(2) APPOINTMENT.—The Special Assistant for 

24 Veterans Affairs shall be appointed based solely on 

25 merit and shall be covered under the provisions of 


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1 title 5, United States Code, governing appointments 

2 in the competitive service. 

3 ‘‘(3) RESPONSIBILITIES.—The Special Assistant 

4 for Veterans Affairs shall be responsible for— 

5 ‘‘(A) ensuring veterans have access to hous6 ing and homeless assistance under each program 

7 of the Department providing either such assist8 ance; 

9 ‘‘(B) coordinating all programs and activi10 ties of the Department relating to veterans; 

11 ‘‘(C) serving as a liaison for the Depart12 ment with the Department of Veterans Affairs, 

13 including establishing and maintaining relation14 ships with the Secretary of Veterans Affairs; 

15 ‘‘(D) serving as a liaison for the Depart16 ment, and establishing and maintaining rela17 tionships with officials of State, local, regional, 

18 and nongovernmental organizations concerned 

19 with veterans; 

20 ‘‘(E) providing information and advice re21 garding— 

22 ‘‘(i) sponsoring housing projects for 

23 veterans assisted under programs adminis24 tered by the Department; or 


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171 

•S 1518 RS

1 ‘‘(ii) assisting veterans in obtaining 

2 housing or homeless assistance under pro3 grams administered by the Department; 

4 ‘‘(F) preparing, on an annual basis, a re5 port to the Secretaries of Housing and Urban 

6 Development and of Veterans Affairs on the 

7 housing needs of veterans; and’ 

8 ‘‘(G) carrying out such other duties as may 

9 be assigned to the Special Assistant by the Sec10 retary or by law.’’. 

11 SEC. 12. EFFECTIVE DATE. 

12 This Act shall take effect 6 months after the date of 

13 enactment of this Act. 


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Calendar No. 463 

110TH CONGRESS 

1ST SESSION S. 1518 

[Report No. 110

–216] 

A BILL 

To amend the McKinney-Vento Homeless Assistpurposes. ance Act to reauthorize the Act, and for other 

NOVEMBER 1, 2007 

Reported with an amendment 


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