not later than 21 days after receiving a re-
quest for such distribution from the project 
sponsor. 
‘‘(e) SELECTION CRITERIA.—In determining whether 
to award a grant to an applicant under subsection (b), 
the Secretary shall consider, in addition to criteria de-
scribed in section 426(b)— 
‘‘(1) the inclusiveness of the community board 
involved and the process the board administered, if 
applicable; 
‘‘(2) the comprehensiveness and coordination of 
the homelessness prevention, housing, and services 
programs (including discharge planning and service 
termination protocols) within the geographic area 
served by the community board; 
‘‘(3) the efforts undertaken to involve all com-
munity organizations providing services to homeless 
individuals and organizations representing under-
served communities participated in the continuum of 
care; 
‘‘(4) the extent to which prioritized programs 
meet unmet needs; 
‘‘(5) the capacity of the geographic area to le-
verage funding from other public and private 
sources; 
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‘‘(6) the long-term strategy of the applicable 
States and units of general local government to com-
bat, prevent, and end homelessness; 
‘‘(7) the performance of the homelessness pre-
vention, housing, and services programs funded in 
the fiscal year prior to the date of submission of the 
application; 
‘‘(8) the need for services in the geographic 
area; 
‘‘(9) the plan by which— 
‘‘(A) access to appropriate permanent 
housing will be secured if the proposed project 
does not include permanent housing; and 
‘‘(B) access to outcome-effective supportive 
services will be secured for residents or con-
sumers involved in the project who are willing 
to use the services; 
‘‘(10) the evaluation plan for evaluations of the 
project, which— 
‘‘(A) will use periodically collected informa-
tion and analysis to determine whether the 
project has resulted in enhanced stability and 
well-being of the residents or consumers served 
by the project; 
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‘‘(B) will include evaluations obtained di-
rectly from the individuals or families served by 
the project; and 
‘‘(C) will be submitted by the recipient for 
the grant to the community board for review 
and use in assessments, conducted by the board 
consistent with the board’s duty to ensure effec-
tive outcomes that contribute to the goal of pre-
venting and ending homelessness in the geo-
graphic area served by the board; 
‘‘(11) the extent to which the applicable States 
and units of general local government have made 
commitments to and are taking actions to uphold 
the civil rights of homeless families and individuals, 
including removing or repealing any policies or laws 
that— 
‘‘(A) penalize homeless individuals and 
families based upon their status as homeless; 
‘‘(B) establish status offenses which may 
result in runaway and homeless youths being 
adjudicated as delinquent; or 
‘‘(C) disallow reasonable inclusion and dis-
tribution in the geographic area of special needs 
populations and families with children and the 
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facilities that serve the populations and fami-
lies; and 
‘‘(12) any other criteria the Secretary deter-
mines to be reasonably appropriate. 
‘‘(f) NOTIFICATION
OF
PRO
RATA
ESTIMATED 
GRANT AMOUNTS.— 
‘‘(1) NOTICE.—The Secretary shall inform each 
community board, at a time concurrent with the re-
lease of the notice of funding availability for the 
grants, of the pro rata estimated grant amount 
under this subtitle for the geographic area rep-
resented by the board. 
‘‘(2) AMOUNT.— 
‘‘(A) 
BASIS.—Such 
estimated 
grant 
amount shall be based on a percentage of the 
total funds available, or estimated to be avail-
able, to carry out this subtitle for any fiscal 
year that is equal to the percentage of the total 
amount available for section 106 of the Hous-
ing and Community Development Act of 1974 
(42 U.S.C. 5306) for the prior fiscal year 
that— 
‘‘(i) was allocated to all metropolitan 
cities and urban counties within the geo-
graphic area represented by the Board; or 
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‘‘(ii) would have been distributed to 
all counties within such geographic area 
that are not urban counties, if the 30 per-
cent portion of the allocation to the State 
involved (as described in subsection (d)(1) 
of that section 106) for that year had been 
distributed among the counties that are 
not urban counties in the State in accord-
ance with the formula specified in that 
subsection (with references in that sub-
section to nonentitlement areas considered 
to be references to those counties). 
‘‘(B) ADJUSTMENT.—In computing the es-
timated grant amount, the Secretary shall ad-
just the estimated grant amount determined 
pursuant to subparagraph (A) to ensure that— 
‘‘(i) 75 percent of the total funds 
available, or estimated to be available, to 
carry out this subtitle for any fiscal year 
are allocated to the metropolitan cities and 
urban counties that received a direct allo-
cation of funds under section 413 for the 
prior fiscal year; and 
‘‘(ii) 25 percent of the total funds 
available, or estimated to be available, to 
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carry out this subtitle for any fiscal year 
are allocated— 
‘‘(I) to the metropolitan cities 
and urban counties that did not re-
ceive a direct allocation of funds 
under section 413 for the prior fiscal 
year; and 
‘‘(II) to counties that are not 
urban counties. 
‘‘(C) COMBINATIONS OR CONSORTIA.—For 
any community board that represents a com-
bination or consortium of cities or counties, the 
estimated grant amount shall be the sum of the 
estimated grant amounts for the cities or coun-
ties represented by the board. 
‘‘(g) APPEALS.— 
‘‘(1) IN GENERAL.—Not later than 3 months 
after the date of enactment of the Homeless Emer-
gency Assistance and Rapid Transition to Housing 
Act of 2007, the Secretary shall establish a timely 
appeal procedure for grant amounts awarded or de-
nied under this subtitle pursuant to a collaborative 
application or solo application for funding. 
‘‘(2) PROCESS.—The Secretary shall ensure 
that the procedure permits appeals submitted by 
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community boards, entities carrying out homeless 
housing and services projects (including emergency 
shelters and homelessness prevention programs), 
homeless planning bodies not designated by the Sec-
retary as community boards, and all other applicants 
under this subtitle. 
‘‘(h) SOLO APPLICANTS.—A solo applicant may sub-
mit an application to the Secretary for a grant under sub-
section (b) and be awarded such grant on the same basis 
as such grants are awarded to other applicants based on 
the criteria described in subsection (e), but only if the Sec-
retary determines that the solo applicant has attempted 
to participate in the continuum of care process but was 
not permitted to participate in a reasonable manner. The 
Secretary may award such grants directly to such appli-
cants in a manner determined to be appropriate by the 
Secretary.’’. 
SEC. 302. ELIGIBLE ACTIVITIES. 
The McKinney-Vento Homeless Assistance Act is 
amended by striking section 423 (42 U.S.C. 11383) and 
inserting the following new section: 
‘‘SEC. 423. ELIGIBLE ACTIVITIES. 
‘‘(a) IN GENERAL.—Grants awarded under section 
422 to qualified applicants shall be used only to carry out 
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homeless assistance and prevention projects that consist 
of one or more of the following eligible activities: 
‘‘(1) Construction of new housing units to pro-
vide transitional or permanent housing. 
‘‘(2) Acquisition or rehabilitation of a structure 
to provide transitional or permanent housing, other 
than emergency shelter, or to provide supportive 
services. 
‘‘(3) Leasing of property, or portions of prop-
erty, not owned by the recipient or project sponsor 
involved, for use in providing transitional or perma-
nent housing, or providing supportive services. 
‘‘(4) Provision of rental assistance to provide 
transitional or permanent housing to eligible per-
sons. The rental assistance may include tenant- 
based, project-based, or independently owned rental 
assistance. 
‘‘(5) Payment of operating costs for housing 
units assisted under this subtitle. 
‘‘(6) Supportive services. 
‘‘(7) Homelessness prevention activities, subject 
to subsection (b). 
‘‘(b) ELIGIBILITY FOR FUNDS FOR HOMELESSNESS 
PREVENTION ACTIVITIES.— 
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‘‘(1) APPLICATION REQUIREMENT.—To be eligi-
ble to receive grant funds under section 422 to carry 
out homelessness prevention activities, an applicant 
shall submit an application to the Secretary under 
section 422 that shall include a certification in 
which— 
‘‘(A) the relevant public entities in the geo-
graphic area involved certify compliance with 
paragraph (2); and 
‘‘(B) the publicly funded institutions, fa-
cilities, and systems of care in the geographic 
area certify that the institutions, facilities, and 
systems of care will take, and fund directly, all 
reasonable measures to ensure that the institu-
tions, facilities, and systems of care do not dis-
charge individuals into homelessness. 
‘‘(2) 
SUPPLEMENTATION
REQUIREMENT.— 
Funds appropriated under section 408 and made 
available for homelessness prevention activities shall 
be used to supplement, and not supplant, other Fed-
eral, State, and local public funds used for homeless-
ness prevention. 
‘‘(c) USE RESTRICTIONS.— 
‘‘(1) ACQUISITION, REHABILITATION, AND NEW 
CONSTRUCTION.—A project that consists of activities 
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described in paragraph (1) or (2) of subsection (a) 
shall be operated for the purpose specified in the ap-
plication submitted for the project under section 422 
for not less than 20 years. 
‘‘(2) OTHER ACTIVITIES.—A project that con-
sists of activities described in any of paragraphs (3) 
through (7) of subsection (a) shall be operated for 
the purpose specified in the application submitted 
for the project under section 422 for the duration of 
the grant period involved. 
‘‘(3) CONVERSION.—If the recipient or project 
sponsor carrying out a project that provides transi-
tional or permanent housing submits a request to 
the Secretary to carry out instead a project for the 
direct benefit of low-income persons, and the Sec-
retary determines that the initial project is no longer 
needed to provide transitional or permanent housing, 
the Secretary may approve the project described in 
the request and authorize the recipient or project 
sponsor to carry out that project. 
‘‘(d) REPAYMENT OF ASSISTANCE AND PREVENTION 
OF UNDUE BENEFITS.— 
‘‘(1) REPAYMENT.—If a recipient or project 
sponsor receives assistance under section 422 to 
carry out a project that consists of activities de-
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scribed in paragraph (1) or (2) of subsection (a) and 
the project ceases to provide transitional or perma-
nent housing— 
‘‘(A) earlier than 10 years after operation 
of the project begins, the Secretary shall re-
quire the recipient or project sponsor to repay 
100 percent of the assistance; or 
‘‘(B) not earlier than 10 years, but earlier 
than 20 years, after operation of the project be-
gins, the Secretary shall require the recipient or 
project sponsor to repay 10 percent of the as-
sistance for each of the years in the 20-year pe-
riod for which the project fails to provide that 
housing. 
‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex-
cept as provided in paragraph (3), if any property 
is used for a project that receives assistance under 
subsection (a) and consists of activities described in 
paragraph (1) or (2) of subsection (a), and the sale 
or other disposition of the property occurs before the 
expiration of the 20-year period beginning on the 
date that operation of the project begins, the recipi-
ent or project sponsor who received the assistance 
shall comply with such terms and conditions as the 
Secretary may prescribe to prevent the recipient or 
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project sponsor from unduly benefitting from such 
sale or disposition. 
‘‘(3) EXCEPTION.—A recipient or project spon-
sor shall not be required to make the repayments, 
and comply with the terms and conditions, required 
under paragraph (1) or (2) if— 
‘‘(A) the sale or disposition of the property 
used for the project results in the use of the 
property for the direct benefit of very low-in-
come persons; or 
‘‘(B) all of the proceeds of the sale or dis-
position are used to provide transitional or per-
manent housing meeting the requirements of 
this subtitle.’’. 
SEC. 303. PROGRAM REQUIREMENTS. 
Section 426 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11386) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘Applica-
tions’’ and all that follows through ‘‘shall’’ and 
inserting ‘‘Applications for assistance under 
section 422 shall’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (B) and 
inserting the following new subparagraph: 
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‘‘(B) a description of the size and charac-
teristics of the population that would occupy 
housing units or receive supportive services as-
sisted under this subtitle;’’; and 
(ii) in subparagraph (E), by striking 
‘‘in the case of projects assisted under this 
title that do not receive assistance under 
such sections,’’; and 
(C) in paragraph (3), in the last sentence, 
by striking ‘‘recipient’’ and inserting ‘‘recipient 
or project sponsor’’; 
(2) in subsection (d), in the first sentence, by 
striking ‘‘recipient’’ and inserting ‘‘recipient or 
project sponsor’’; 
(3) by striking subsection (e); 
(4) by redesignating subsections (f), (g), and 
(h), as subsections (e), (f), and (g), respectively; 
(5) in subsection (f) (as so redesignated by 
paragraph (4) of this section), in the first sentence, 
by striking ‘‘recipient’’ each place it appears and in-
serting ‘‘recipient or project sponsor’’; 
(6) by striking subsection (i); and 
(7) by redesignating subsection (j) as sub-
section (h). 
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SEC. 304. ALLOCATION AMOUNTS AND FUNDING. 
The McKinney-Vento Homeless Assistance Act is 
amended— 
(1) by repealing section 429 (42 U.S.C. 11389); 
and 
(2) by redesignating sections 427 and 428 (42 
U.S.C. 11387, 11388) as sections 432 and 433, re-
spectively; and 
(3) by inserting after section 426 the following 
new sections: 
‘‘SEC. 427. ALLOCATION OF AMOUNTS FOR SPECIFIC ELIGI-
BLE ACTIVITIES. 
‘‘(a) PREVENTION ACTIVITIES.—From the amount 
made available to carry out this subtitle for each fiscal 
year (not including any amounts made available under sec-
tion 408 and allocated for use under subtitle B), an 
amount equal to not more than 3 percent shall be used 
for prevention activities described in section 423(a)(9). 
‘‘(b) TREATMENT OF AMOUNTS FOR PERMANENT OR 
TRANSITIONAL HOUSING.—Nothing in this Act may be 
construed to establish a limit on the amount of funding 
that an applicant may request under this subtitle for ac-
quisition, construction, or rehabilitation activities for the 
development of permanent housing or transitional hous-
ing. 
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‘‘SEC. 428. RENEWAL FUNDING AND TERMS OF ASSISTANCE 
FOR 
GRANT 
AMOUNTS 
FOR 
PERMANENT 
HOUSING. 
‘‘(a) AVAILABILITY
OF AMOUNTS.—Of the total 
amount made available for use in connection with this sub-
title, such sums as may be necessary shall be used for re-
newing expiring contracts within the ‘Homeless Assistance 
Grants’ account of the Department of Housing and Urban 
Development. 
‘‘(b) TERMS OF RENEWAL ASSISTANCE.—Amounts 
used pursuant to subsection (a) shall be available for the 
renewal of contracts funded under this subtitle, subtitle 
C, or subtitle F, for homeless individuals and homeless 
families. The Secretary shall determine whether to renew 
a contract on the basis of demonstrated need for the 
project and the compliance of the entity carrying out the 
project with appropriate standards of housing quality and 
habitability as determined by the Secretary. 
‘‘SEC. 429. ADMINISTRATIVE EXPENSES. 
‘‘(a) ADMINISTRATIVE EXPENSES.—Grant amounts 
awarded under this subtitle may be used for administra-
tive expenses, including expenses for— 
‘‘(1) carrying out routine grant administration 
and monitoring activities; 
‘‘(2) receipt and disbursement of program 
funds; 
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‘‘(3) preparation of financial and performance 
reports, including carrying out management infor-
mation system functions; and 
‘‘(4) compliance with grant conditions and audit 
requirements. 
‘‘(b) 
LIMITATIONS
ON
ADMINISTRATIVE
EX-
PENSES.—A portion, of not more than 6 percent, of grant 
amounts awarded under this subtitle may be used for ad-
ministrative expenses described in subsection (a), and not 
less than 1⁄2 of such portion shall be allocated to nonprofit 
organizations and other project sponsors to fund manage-
ment information system functions, application prepara-
tion, and preparation of annual performance and other 
evaluation reports. 
‘‘SEC. 430. MATCHING FUNDING. 
‘‘An entity who submits an application and receives 
a grant under this subtitle shall make available contribu-
tions, in cash or in donated services, in an amount equal 
to not less than 25 percent of the Federal funds provided 
under the grant. 
‘‘SEC. 431. APPEAL PROCEDURE. 
‘‘(a) IN GENERAL.—With respect to funding under 
this subtitle, if certification of consistency with the consoli-
dated plan pursuant to section 403 is withheld from an 
applicant who has submitted an application for that cer-
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tification, such applicant may appeal such decision to the 
Secretary. 
‘‘(b) PROCEDURE.—The Secretary shall establish a 
procedure to process the appeals described in subsection 
(a). 
‘‘(c) DETERMINATION.—Not later than 45 days after 
the date of receipt of an appeal described in subsection 
(a), the Secretary shall determine if certification was un-
reasonably withheld. If such certification was unreason-
ably withheld, the Secretary shall review such application 
and determine if such applicant shall receive funding 
under this subtitle.’’. 
TITLE IV—REPEALS AND 
CONFORMING AMENDMENTS 
SEC. 401. REPEALS. 
Subtitles D, E, F, and G of title IV of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11391 et seq., 
11401 et seq., 11403 et seq., and 11408 et seq.) are here-
by repealed. 
SEC. 402. CONFORMING AMENDMENTS. 
(a) CONSOLIDATED PLAN.—Section 403(1) of the 
McKinney-Vento Homeless Assistance Act (as so redesig-
nated by section 101(2) of this Act), is amended— 
(1) by striking ‘‘current housing affordability 
strategy’’ and inserting ‘‘consolidated plan’’; and 
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(2) by inserting before the comma the following: 
‘‘(referred to in such section as a ‘comprehensive 
housing affordability strategy’)’’. 
(b) PERSONS EXPERIENCING HOMELESSNESS.—Sec-
tion 103 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11302) is amended by adding at the end the 
following new subsection: 
‘‘(d) PERSONS EXPERIENCING HOMELESSNESS.— 
Any references in this Act to homeless individuals (includ-
ing homeless persons) or homeless groups (including 
homeless persons) shall be considered to include, and to 
refer to, individuals experiencing homelessness or groups 
experiencing homelessness, respectively.’’. 
SEC. 403. AMENDMENT TO TABLE OF CONTENTS. 
The table of contents in section 101(b) of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 11301 
note) is amended by striking the item relating to the head-
ing for title IV and all that follows through the item relat-
ing to section 492 and inserting the following new items: 
‘‘TITLE IV—HOUSING ASSISTANCE 
‘‘Subtitle A—Comprehensive Homeless Assistance Plan 
‘‘Sec. 401. Definitions. 
‘‘Sec. 402. Community homeless assistance planning boards. 
‘‘Sec. 403. Housing affordability strategy. 
‘‘Sec. 404. Technical assistance. 
‘‘Sec. 405. Performance reports. 
‘‘Sec. 406. Discharge coordination policy. 
‘‘Sec. 407. Protection of personally identifying information by victim service 
providers. 
‘‘Sec. 408. Authorization of appropriations. 
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