109 
the siting of facilities designed to serve homeless 
persons. 
TITLE IV—ASSISTANCE UNDER 
MCKINNEY-VENTO HOMELESS 
ASSISTANCE ACT 
SEC. 401. CONGRESSIONAL PURPOSES. 
The purposes of this title are— 
(1) to consolidate the separate homeless assist-
ance programs carried out under title IV of the 
McKinney-Vento Homeless Assistance Act (con-
sisting of the supportive housing program and re-
lated innovative programs, the safe havens program, 
the section 8 assistance program for single-room oc-
cupancy dwellings, the shelter plus care program, 
and the rural homeless housing assistance program) 
into a single program with specific eligible activities; 
and 
(2) codify in Federal law the continuum of care 
planning process as a required and integral local 
function necessary to generate the local strategies 
for ending homelessness. 
SEC. 402. DEFINITION OF HOMELESS INDIVIDUAL. 
Section 103 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11302) is amended—
110 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) IN GENERAL.—For purposes of this Act, the 
terms ‘homeless’, ‘homeless individual’, and ‘homeless per-
son’— 
‘‘(1) mean an individual who lacks a fixed, reg-
ular, and adequate nighttime residence; and 
‘‘(2) include— 
‘‘(A) an individual who— 
‘‘(i) is sharing the housing of other 
persons due to loss of housing, economic 
hardship, or a similar reason; 
‘‘(ii) is living in a motel, hotel, trailer 
park, or camping ground due to the lack of 
alternative adequate accommodations; 
‘‘(iii) is living in an emergency or 
transitional shelter; 
‘‘(iv) is abandoned in a hospital; or 
‘‘(v) is awaiting foster care placement; 
‘‘(B) an individual who has a primary 
nighttime residence that is a public or private 
place not designed for or ordinarily used as a 
regular sleeping accommodation for human 
beings;
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‘‘(C) an individual who is living in a car, 
park, public space, abandoned building, sub-
standard housing, bus or train station, or simi-
lar setting; and 
‘‘(D) migratory children (as such term is 
defined in section 1309 of the Elementary and 
Secondary Education Act of 1965 ) who qualify 
as homeless for the purposes of this Act be-
cause the children are living in circumstances 
described in any of subparagraphs (A) through 
(C).’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘or otherwise detained’’; 
and 
(B) by inserting after the period at the end 
the following: ‘‘Such term includes individuals 
who have been released from prison on parole.’’ 
Subtitle A—Housing Assistance 
General Provisions 
SEC. 411. DEFINITIONS. 
Subtitle A of title IV of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11361 et seq.) is amend-
ed— 
(1) by striking the subtitle heading and insert-
ing the following:
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‘‘Subtitle A—General Provisions’’; 
(2) by redesignating sections 401 and 402 (42 
U.S.C. 11361, 11362) as sections 403 and 406, re-
spectively; and 
(3) by inserting before section 403 (as so redes-
ignated by paragraph (2) of this section) the fol-
lowing new section: 
‘‘SEC. 401. DEFINITIONS. 
‘‘For purposes of this title: 
‘‘(1) COLLABORATIVE
APPLICANT.—The term 
‘collaborative applicant’ means— 
‘‘(A) an entity, which may or may not be 
a Board, that serves as the applicant for project 
sponsors who jointly submit a single application 
for a grant under subtitle C with the approval 
of, and in accordance with the collaborative 
process established by, a Board, and, if award-
ed such grant, receives such grant directly from 
the Secretary; or 
‘‘(B) an individual project sponsor who is 
an eligible entity under subtitle C and submits 
an application for a grant under subtitle C, 
with the approval of, and in accordance with 
the collaborative process established by, a
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Board, and, if awarded such grant, receives 
such grant directly from the Secretary. 
‘‘(2) COLLABORATIVE APPLICATION.—The term 
‘collaborative application’ means an application for a 
grant under subtitle C that— 
‘‘(A) satisfies the requirements of section 
422 (including containing the information de-
scribed in subsections (a) and (c) of section 
426); and 
‘‘(B) is submitted to a Board and then to 
the Secretary by a collaborative applicant. 
‘‘(3) COMMUNITY BOARD.—The term ‘commu-
nity board’ means a community homeless assistance 
planning board established in accordance with sec-
tion 402. 
‘‘(4) CONSOLIDATED
PLAN.—The term ‘Con-
solidated Plan’ means a comprehensive housing af-
fordability strategy and community development 
plan required in part 91 of title 24, Code of Federal 
Regulations. 
‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means, with respect to a subtitle, a public or 
private entity eligible to receive directly grant 
amounts under that subtitle.
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‘‘(6) GEOGRAPHIC
AREA.—The term ‘geo-
graphic area’ means a State, metropolitan city, 
urban county, town, village, or other nonentitlement 
area, or a combination or consortia of such, in the 
United States, as described in section 106 of the 
Housing and Community Development Act of 1974 
(42 U.S.C. 5306). 
‘‘(7) HOMELESS
INDIVIDUAL
WITH
A
DIS-
ABILITY.— 
‘‘(A) IN
GENERAL.—The term ‘homeless 
individual with a disability’ means an individual 
who is homeless, as defined in section 103, and 
has a disability that— 
‘‘(i)(I) is expected to be long-con-
tinuing or of indefinite duration; 
‘‘(II) substantially impedes the indi-
vidual’s ability to live independently; 
‘‘(III) could be improved by the provi-
sion of more suitable housing conditions; 
and 
‘‘(IV) is a physical, mental, or emo-
tional impairment, including an impair-
ment caused by alcohol or drug abuse; 
‘‘(ii) is a developmental disability, as 
defined in section 102 of the Develop-
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mental Disabilities Assistance and Bill of 
Rights Act of 2000 (42 U.S.C. 15002); or 
‘‘(iii) is the disease of acquired im-
munodeficiency syndrome or any condition 
arising from the etiologic agency for ac-
quired immunodeficiency syndrome. 
‘‘(B) RULE.—Nothing in clause (iii) of 
subparagraph (A) shall be construed to limit 
eligibility under clause (i) or (ii) of subpara-
graph (A). 
‘‘(8) 
HOMELESSNESS
PREVENTION
ACTIVI-
TIES.—The term ‘homelessness prevention activities’ 
means activities designed to help individuals and 
families avoid becoming homeless, including— 
‘‘(A) providing financial assistance to indi-
viduals and families who have received eviction 
notices, foreclosure notices, or notices of termi-
nation of utility services, if— 
‘‘(i) the inability of the individual or 
family to make the required payments is 
due to a sudden reduction in income; 
‘‘(ii) the assistance is necessary to 
avoid eviction, foreclosure, or the termi-
nation of services; and
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‘‘(iii) there is a reasonable prospect 
that the individual or family will be able to 
resume payments within a reasonable pe-
riod of time; and 
‘‘(B) carrying out relocation activities (in-
cluding providing security or utility deposits, 
rental assistance for a final month or residence 
at a location, assistance with moving costs, or 
rental assistance for not more than 6 months) 
for moving into transitional or permanent hous-
ing individuals and families who— 
‘‘(i) lack housing; 
‘‘(ii) are being discharged from a pub-
licly funded acute care or long-term care 
facility, program, or system of care, or are 
being terminated from services provided by 
such a facility, program, or system, includ-
ing discharge from a foster care program; 
and 
‘‘(iii) have plans, developed collabo-
ratively by the public entities involved and 
the individuals and families, for securing 
or maintaining housing after any funding 
provided under this title is used.
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‘‘(8) 
INDEPENDENTLY
OWNED.—The 
term 
‘independently owned’, used with respect to rental 
assistance, means assistance provided pursuant to a 
contract that— 
‘‘(A) is between— 
‘‘(i) the recipient or a project sponsor; 
and 
‘‘(ii) an independent entity that— 
‘‘(I) is a private organization; 
and 
‘‘(II) owns or leases dwelling 
units; and 
‘‘(B) provides that rental assistance pay-
ments shall be made to the independent entity 
and that eligible persons shall occupy such as-
sisted units. 
‘‘(9) LOW-DEMAND PROGRAM.—The term ‘low- 
demand program’ means a program that does not 
require, but offers, in a non-coercive manner— 
‘‘(A)(i) health care services, mental health 
services, and substance abuse treatment serv-
ices; and 
‘‘(ii) other supportive services, which may 
include medication management, education, 
counseling, job training, and assistance in ob-
118 
taining entitlement benefits or in obtaining such 
supportive services; and 
‘‘(B) referrals for services described in 
subparagraph (A). 
‘‘(10) METROPOLITAN
CITY; URBAN
COUNTY; 
NONENTITLEMENT AREA.—The terms ‘metropolitan 
city’, ‘urban county’, and ‘nonentitlement area’ have 
the meanings given such terms in section 102(a) of 
the Housing and Community Development Act of 
1974 (42 U.S.C. 5302(a)). 
‘‘(11) NEW.—The term ‘new’, used with respect 
to housing, means housing for which no assistance 
has been provided under this title. 
‘‘(12) OPERATING COSTS.—The term ‘operating 
costs’ means expenses incurred by a recipient or 
project sponsor operating— 
‘‘(A) transitional housing or permanent 
housing under this title, with respect to— 
‘‘(i) the administration, maintenance, 
repair, and security of such housing; 
‘‘(ii) utilities, fuel, furnishings, and 
equipment for such housing; or 
‘‘(iii) conducting an assessment under 
section 426(c)(2); and
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‘‘(B) supportive housing for homeless indi-
viduals or homeless families under this title, 
with respect to— 
‘‘(i) the matters described in clauses 
(i), (ii), and (iii) of subparagraph (A); and 
‘‘(ii) coordination of services as need-
ed to ensure long-term housing stability. 
‘‘(13) OUTPATIENT
HEALTH
SERVICES.—The 
term ‘outpatient health services’ means outpatient 
health care services, mental health services, and out-
patient substance abuse treatment services. 
‘‘(14) PERMANENT HOUSING.—The term ‘per-
manent housing’ includes permanent supportive 
housing. 
‘‘(15) PERMANENT
HOUSING
DEVELOPMENT 
ACTIVITIES.—The term ‘permanent housing develop-
ment activities’ means activities— 
‘‘(A) to construct, lease, rehabilitate, or ac-
quire structures to provide permanent housing; 
‘‘(B) involving tenant-based, independently 
owned, and project-based flexible rental assist-
ance for permanent housing; 
‘‘(C) described in paragraphs (1) through 
(4) of section 423(a); or
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‘‘(D) involving the capitalization of a dedi-
cated project account from which payments are 
allocated for rental assistance and operating 
costs of permanent housing. 
‘‘(16) PRIVATE
NONPROFIT
ORGANIZATION.— 
The term ‘private nonprofit organization’ means an 
organization— 
‘‘(A) no part of the net earnings of which 
inures to the benefit of any member, founder, 
contributor, or individual; 
‘‘(B) that has a voluntary board; 
‘‘(C) that has an accounting system, or has 
designated a fiscal agent in accordance with re-
quirements established by the Secretary; and 
‘‘(D) that practices nondiscrimination in 
the provision of assistance. 
‘‘(17) PROJECT.—The term ‘project’, used with 
respect to activities carried out under subtitle C, 
means eligible activities described in section 423(a), 
undertaken pursuant to a specific endeavor, such as 
serving a particular population or providing a par-
ticular resource. 
‘‘(18) PROJECT-BASED.—The term ‘project- 
based’, used with respect to rental assistance, means 
assistance provided pursuant to a contract that—