‘‘(10) FISCAL DISTRESS; SEVERE FISCAL DIS-
TRESS.—The terms ‘fiscal distress’ and ‘severe fiscal 
distress’ have the meanings given such terms in sec-
tion 220(d). 
‘‘(11) FULL-TIME BASIS.—The term ‘full-time 
basis’ means, with respect to employment, on a 40-
hour per week, 52-week per year basis. 
‘‘(12) INELIGIBLE RECIPIENT.—The term ‘ineli-
gible recipient’ means, with respect to a fiscal year, 
a State or participating local jurisdiction that has 
not submitted to the Secretary an allocation plan 
meeting the requirements of section 295(e). 
‘‘(13) PARTICIPATING LOCAL JURISDICTION.—
The term ‘participating local jurisdiction’ means, 
with respect to a fiscal year, any unit of general 
local government (as such term is defined in section 
104 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12704) that qualifies as a 
participating jurisdiction under the HOME Invest-
ment Partnerships Act for such fiscal year. 
‘‘(14) POVERTY LINE.—The term ‘poverty line’ 
has the meaning given such term in section 673(2) 
of the Omnibus Budget Reconciliation Act of 1981, 
including any revision required by such section.
‘‘(15) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Housing and Urban Develop-
ment. 
‘‘(16) STATE.—The term ‘State’ has the mean-
ing given such term in section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 1437a(b)). 
‘‘(17) TRUST FUND.—The term ‘Trust Fund’ 
means the National Affordable Housing Trust Fund 
established under section 292. 
‘‘SEC. 297. AUTHORIZATION OF APPROPRIATIONS FOR SEC-
TION 8 PROJECT-BASED ASSISTANCE. 
‘‘There are authorized to be appropriated, for project-
based rental assistance under section 8(o)(13) of the 
United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)) provided in connection with dwelling units 
assisted under this subtitle, such sums as may be nec-
essary for each fiscal year to provide such rental assist-
ance on behalf of each family who occupied a dwelling unit 
assisted under this subtitle for which the rent that other-
wise may be charged exceeds 30 percent of the family’s 
adjusted income, as such term is defined in section 3 of 
the United States Housing Act of 1937 (42 U.S.C. 
1437a).
‘‘SEC. 298. INAPPLICABILITY OF HOME PROVISIONS. 
‘‘Except as specifically provided in this subtitle, no 
requirement under, or provision of, title I or subtitles A 
through F of this title shall apply to assistance provided 
under this subtitle. 
‘‘SEC. 299. REGULATIONS. 
‘‘Not later than 6 months after the date of enactment 
of the Bringing America Home Act, the Secretary of 
Housing and Urban Development shall promulgate regula-
tions to carry out this subtitle.’’. 
(b) CONFORMING AMENDMENT.—Section 201 of the 
Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 12701 note) is amended by striking ‘‘This title’’ 
and inserting ‘‘Subtitles A through F of this title’’. 
SEC. 222. INCREMENTAL RENTAL ASSISTANCE FOR 1,500,000 
FAMILIES. 
There are authorized to be appropriated such sums 
as may be necessary for the Secretary of Housing and 
Urban Development to provide 1,500,000 incremental 
housing vouchers for rental assistance under section 8(o) 
of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)) for the 10-year period following the date of en-
actment of this Act. 
SEC. 223. FUNDING FOR HUD HOUSING PROGRAMS. 
(a) SECTION 202 SUPPORTIVE HOUSING FOR THE 
ELDERLY.—Subsection (h) of section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q(h)) is amended to read as 
follows: 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for providing grants 
under this section $1,426,000,000 for fiscal year 2004 
and such sums as may be necessary for each of fiscal years 
2005, 2006, 2007, and 2008.’’. 
(b) SUPPORTIVE HOUSING FOR PERSONS WITH DIS-
ABILITIES.—Subsection (m) of section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(m)) is amended to read as follows: 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for providing assistance 
under this section $502,000,000 for fiscal year 2004 and 
such sums as may be necessary for each of fiscal years 
2005, 2006, 2007, and 2008. Not less than 30 percent 
of the amounts made available for each fiscal year for pro-
viding assistance under this section shall be used only for 
providing permanent housing for individuals and families 
who are homeless (as such term is defined in section 103 
of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11302).’’. 
(c) HOME INVESTMENT
PARTNERSHIPS
PRO-
GRAM.—
Section 205 of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12724) is amended to 
read as follows: 
‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
this title $4,000,000,000 for fiscal year 2004, and such 
sums as may be necessary for each of fiscal years 2005, 
2006, 2007, and 2008, of which—
‘‘(1) not more than $28,000,000 for fiscal year 
2004 and such sums as may be necessary in each of 
fiscal years 2005, 2006, 2007, and 2008, shall be 
for community housing partnership activities author-
ized under section 233; and 
‘‘(2) not more than $22,000,000 for fiscal year 
2004 and such sums as may be necessary in each of 
fiscal years 2005, 2006, 2007, and 2008, shall be 
for activities in support of State and local housing 
strategies authorized under subtitle C.’’. 
SEC. 224. HUD RURAL HOUSING AND ECONOMIC DEVELOP-
MENT PROGRAM. 
There is authorized to be appropriated for grants, 
through the Office of Rural Housing and Economic Devel-
opment of the Department of Housing and Urban Devel-
opment, to Indian tribes, State housing finance agencies, 
local rural nonprofit organizations, and community devel-
opment organizations, for support of innovative housing 
and economic development activities in rural areas, 
$25,000,000 for fiscal year 2004 and such sums as may 
be necessary for each of fiscal years 2005, 2006, 2007, 
and 2008. 
SEC. 225. RURAL HOUSING PROGRAMS. 
(a) RURAL RENTAL ASSISTANCE.—Subsection (c) of 
section 513 of the Housing Act of 1949 (42 U.S.C. 
1483(c)) is amended by striking the subsection designa-
tion and all that follows through the end of paragraph (1) 
and inserting the following: 
‘‘(c) RENTAL ASSISTANCE.—(1) The Secretary may, 
to the extent approved in appropriations Acts, enter into 
rental assistance payments contracts under section 
521(a)(2)(A) aggregating $814,000,000 for fiscal year 
2004 and such sums as may be necessary for each of fiscal 
years 2005, 2006, 2007, and 2008.’’. 
(b) 
FARM
LABOR
HOUSING
LOANS.—Section 
513(a)(1) of the Housing Act of 1949 (42 U.S.C. 
1483(a)(1)) is amended—
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘and during fiscal years 2004 through 
2008,’’ after ‘‘respectively,’’; and 
(2) by striking subparagraph (D) and inserting 
the following new subparagraph:
‘‘(D) For insured loans under section 514, 
$50,000,000 for fiscal year 2004, and such sums as 
may be necessary for each of fiscal years 2005, 
2006, 2007, and 2008.’’. 
(c) FARM
LABOR
HOUSING
GRANTS.—Section 
513(b) of the Housing Act of 1949 (42 U.S.C. 1483(b)) 
is amended—
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, and for fiscal years 2004 through 
2008,’’ after ‘‘1994,’’; and 
(2) in paragraph (7), by striking subparagraph 
(A) and inserting the following new subparagraph: 
‘‘(A) for low-rent housing and related fa-
cilities for domestic farm labor under sub-
sections (a) through (J) of such section, 
$30,000,000 for fiscal year 2004, and such 
sums as may be necessary for each of fiscal 
years 2005, 2006, 2007, and 2008; and’’.
SEC. 226. DEPARTMENT OF VETERANS AFFAIRS HOMELESS 
COMPREHENSIVE SERVICES PROGRAMS. 
Section 2013 of title 38, United States Code, is 
amended by striking paragraphs (3) and (4) and inserting 
the following new paragraphs: 
‘‘(3) $120,000,000 for fiscal year 2004. 
‘‘(4) $120,000,000 for fiscal year 2005.
‘‘(5) Such sums as may be necessary for fiscal 
years 2006 through 2008.’’. 
SEC. 227. SENSE OF CONGRESS REGARDING APPROPRIA-
TIONS FOR TRANSITIONAL HOUSING ASSIST-
ANCE UNDER VIOLENCE AGAINST WOMEN 
ACT OF 2000. 
(a) CONGRESSIONAL FINDINGS.—The Congress finds 
that—
(1) victims of domestic violence often face sub-
stantial barriers that inhibit their ability to gain 
independence from their abusive partners; 
(2) domestic violence advocates report that vic-
tims often return to their batterers when a viable 
option for permanent housing cannot be found; and 
(3) transitional housing works to move beyond 
the crisis-intervention approach of emergency shel-
ters to provide victims of domestic violence with 
long-term solutions that allow them to rebuild their 
lives and break the cycle of abuse. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that transitional housing assistance program 
under section 319 of the Family Violence Prevention and 
Services Act (42 U.S.C. 10419) should be fully funded at 
$25,000,000, which is the level authorized in subsection 
(f) of such section, to provide transitional housing assist-
ance to individuals and their dependents who are homeless 
or in need of transitional housing or other assistance, as 
a result of fleeing domestic violence. 
Subtitle B—Federal Homelessness 
to Housing Mutual Mortgage As-
sociation 
SEC. 231. SHORT TITLE AND STATEMENT OF PURPOSE. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Federal Homelessness to Housing Mutual Mortgage As-
sociation Act’’. 
(b) STATEMENT OF PURPOSE.—It is the purpose 
of the Federal Homelessness to Housing Mutual Mort-
gage Association to provide housing and homeownership 
opportunities, in a cooperative housing association, for 
homeless families and individuals by—
(1) sponsoring single room occupancy and fam-
ily-oriented mutual housing cooperatives; and 
(2) providing continuing management and sup-
port services to its self-governed member buildings. 
SEC. 232. ESTABLISHMENT. 
(a) IN GENERAL.—There is hereby established the 
Federal Homelessness to Housing Mutual Mortgage Asso-
ciation, otherwise to be known as ‘‘Hollie Mae’’, which 
shall be a body corporate under the direction of a Board 
of Directors. Within the limitations of law and regulation,
the Board of Directors shall determine the general policies 
that govern the operations of the Association. 
(b) TAX-EXEMPT STATUS.—The Association shall be 
considered, for purposes of section 501(c)(3) of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), to be 
a corporation organized and operated for charitable pur-
poses and shall be organized and operated at all times in 
a manner such that the Association is an organization ex-
empt from taxation pursuant to such section 501. 
(c) OFFICE.—The principal office of the Association 
shall be in the District of Columbia or at any other place 
determined by the Association. 
(d) BOARD OF DIRECTORS.—
(1) MEMBERS.—Except as provided in para-
graph (5), the Board of Directors of the Association 
shall consist of 20 persons, as follows: 
(A) CLASS A TENANT-SHAREHOLDER MEM-
BERS.—9 members, who shall be individuals 
who are tenant-shareholders of mutual housing 
sponsored and managed by the Association, and 
who shall be elected pursuant to an election in 
which only tenant-shareholders of such housing 
are eligible to vote. 
(B) CLASS
B
BOARD-NOMINATED
MEM-
BERS.—9 members, who shall meet such cri-
teria regarding experience as the Board shall 
establish in the areas of low-income housing, fi-
nance, supportive services, real estate manage-
ment, cooperative business, local government, 
and advocacy and services for homeless persons, 
and who shall be elected pursuant to an election 
in which only tenant-shareholders of mutual 
housing sponsored and managed by the Associa-
tion may vote, from among qualified persons 
nominated by existing members of the Board 
under this subparagraph. 
(C) CLASS C PRESIDENTIALLY APPOINTED 
MEMBERS.—2 members, who shall be appointed 
by the President of the United States. 
(2) TERMS.—
(A) CLASS A MEMBERS.—Each member of 
the Board of Directors pursuant to paragraph 
(1)(A) shall be elected for a term of 3 years, ex-
cept that, as designated at the time of election, 
of such members first elected pursuant to para-
graph (5)(C), 3 members shall be elected for 
terms of 1 year and 3 members shall be elected 
for terms of 2 years. 
(B) CLASS B MEMBERS.—Each member of 
the Board of Directors pursuant to paragraph
(1)(B) shall be elected for a term of 3 years, 
except that, as designated at the time of elec-
tion, of such members first elected pursuant to 
paragraph (5)(C), 3 members shall be elected 
for terms of 1 year and 3 members shall be 
elected for terms of 2 years. 
(C) CLASS C MEMBERS.—Each member of 
the Board of Directors pursuant to paragraph 
(1)(C) shall be appointed for a term of 2 years. 
(3) VACANCIES.—Any appointive seat on the 
Board of Directors that becomes vacant shall be 
filled by appointment by the President of the United 
States, but only for the unexpired portion of the 
term. Any elective seat on the Board of Directors 
that becomes vacant shall be filled by the Board of 
Directors, but only for the unexpired portion of the 
term. 
(4) PROHIBITION
ON
COMPENSATION.—Any 
member of the Board of Directors who is a full-time 
officer or employee of the Federal Government shall 
not, as such member, receive compensation for serv-
ices as such a member. 
(5) 
INITIAL
BOARD.—Notwithstanding 
any 
other provision of this subsection, the initial Board 
of Directors shall be organized as follows:
(A) MEMBERS.—The initial Board shall 
have 9 members—
(i) 6 of whom shall be appointed by 
the Interagency Council on the Homeless 
after a call for nominations, which shall be 
made by public notice; and 
(ii) 3 of whom shall be appointed by 
the National Cooperative Bank. 
(B) TERM
OF
OPERATIONS.—The initial 
Board shall serve until the expiration of the 
180-day period beginning upon the Association 
having obtained occupancy certificates for three 
mutual housing cooperatives sponsored by the 
Association. 
(C) TRANSITION.—During the period re-
ferred to in subparagraph (B), the initial Board 
shall nominate qualified persons for election to 
the Board pursuant to paragraph (1)(B), elec-
tions pursuant to paragraph (2) shall be held 
for members of the Board pursuant to subpara-
graphs (A) and (B) of paragraph (1), and 
members pursuant to paragraph (1)(C) shall be 
appointed.
SEC. 233. POWERS AND AUTHORITIES. 
(a) CORPORATE POWERS.—The Association shall 
have power—
(1) to adopt, alter, and use a corporate seal; 
(2) to have succession until dissolved by Act of 
Congress; 
(3) to make and enforce such bylaws, rules, and 
regulations as may be necessary or appropriate to 
carry out the purposes or provisions of this subtitle; 
(4) to make and perform contracts, agreements, 
and commitments; 
(5) to prescribe and impose fees and charges 
for services by the Association; 
(6) to settle, adjust, and compromise, and with 
or without consideration or benefit to the Associa-
tion to release or waive in whole or in part, in ad-
vance or otherwise, any claim, demand, or right of, 
by, or against the Association; 
(7) to sue and be sued, complain and defend, in 
any State, Federal, or other court; 
(8) to acquire, take, hold, and own, and to deal 
with and dispose of any property; and 
(9) to determine its necessary expenditures and 
the manner in which the same shall be incurred, al-
lowed, and paid, and appoint, employ, and fix and 
provide for the compensation and benefits of offi-
cers, employees, attorneys, and agents as the Board 
of Directors determines reasonable and comparable 
with compensation for employment in other similar 
nonprofit businesses. 
(b) EXEMPTION FROM STATE TAXATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Association, including its franchise, 
activities, capital, reserves, surplus, and income, 
shall be exempt from all taxation now or hereafter 
imposed by any territory, dependency, or possession 
of the United States or by any State, county, mu-
nicipality, or local taxing authority. 
(2) TREATMENT OF REAL PROPERTY TAXES.—
In the case of any real property of the Association 
that is disposed of by the Association or the use of 
which changes from mutual housing use to any other 
use, the Association shall be liable for payment of 
any taxes that would have been incurred during the 
3-year period ending up such disposition or change 
of use but for paragraph (1). 
(c) ACTIONS.—Notwithstanding section 1349 of title 
28, United States Code, or any other provision of law—
(1) the Association shall be deemed to be an 
agency included in sections 1345 and 1442 of such 
title 28;
(2) all civil actions to which the Association is 
a party shall be deemed to arise under the laws of 
the United States, and the district courts of the 
United States shall have original jurisdiction of all 
such actions, without regard to amount or value; 
and 
(3) any civil or other action, case or controversy 
in a court of a State, or in any court other than a 
district court of the United States, to which the As-
sociation is a party may at any time before the trial 
thereof be removed by the Association, without the 
giving of any bond or security, to the district court 
of the United States for the district and division em-
bracing the place where the same is pending, or, if 
there is no such district court, to the district court 
of the United States for the district in which the 
principal office of the Association is located, by fol-
lowing any procedure for removal of causes in effect 
at the time of such removal. 
(d) INVESTMENT OF FUNDS.—Funds of the Associa-
tion may be invested in such investments as the Board 
of Directors may prescribe. Any Federal Reserve bank or 
Federal home loan bank, or any bank as to which at the 
time of its designation by the Association there is out-
standing a designation by the Secretary of the Treasury
as a general or other depositary of public money, may be 
designated by the Association as a depositary or custodian 
or as a fiscal or other agent of the Association, and is 
hereby authorized to act as such depositary, custodian, or 
agent. 
SEC. 234. MUTUAL HOUSING OPERATIONS. 
(a) IN GENERAL.—The Association may develop, 
support, finance, construct, acquire, reconstruct, rehabili-
tate, assist, own, operate, manage, hold, and otherwise 
deal in mutual housing. 
(b) MUTUAL HOUSING.—For purposes of this sub-
title, the term ‘‘mutual housing’’ means housing—
(1) that is held by the Association or another 
nonprofit mutual housing association as a coopera-
tive ownership housing association, as the Board of 
Directors shall provide; 
(2) occupancy in the dwelling units of which is 
restricted to members of the Association; 
(3) in which a right to permanent occupancy of 
a dwelling unit is granted to the member, contingent 
upon payment of a housing charge and fulfillment of 
such other obligations of membership in the Associa-
tion as may be established by the Board of Direc-
tors;
(4) the management and operation of which is 
governed by the Board of Directors, with the advice 
of a council of residents of the housing as the Board 
shall establish; and 
(5) within which such resident programs, sup-
port services, and assistance may be provided as the 
Board of Directors, with the advice of the resident 
council, considers appropriate. 
(c) HOUSING AFFORDABILITY, TYPES, TARGETING, 
AND OCCUPANCY PRIORITY.—Mutual housing supported, 
developed, or held by the Association shall comply with 
the following requirements: 
(1) AFFORDABILITY.—The housing shall be 
housing that is affordable, as determined by the 
Board of Directors, for low-income families (as such 
term is defined in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)). 
(2) TYPES.—The housing shall be designed—
(A) for occupancy by families; or 
(B) as single room occupancy dwellings ap-
propriate for occupancy by individuals. 
(3) INCOME TARGETING.—All dwelling units in 
the housing may be reserved for occupancy by
low-, very low-, and extremely low-income families
with modest or intermittent needs for other sup-
portive services. 
(4) OCCUPANCY PRIORITY.—
(A) FIRST
PRIORITY.—Priority for occu-
pancy in all dwelling units in the housing shall 
be provided to individuals and families who—
(i) during the 12-month period ending 
upon initial occupancy, were homeless (as 
such term is defined in section 103 of the 
McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11302); or 
(ii) during the 24-month period end-
ing upon initial occupancy, received assist-
ance under a State program funded under 
part A of title IV of the Social Security 
Act. 
(B) SECONDARY PRIORITY.—Priority, sec-
ondary to that provided pursuant to subpara-
graph (A), for occupancy in the housing shall 
be provided to individuals and families holding 
a voucher for rental assistance under section 
8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) or other similar tenant-
based rental assistance.
(C) GENERAL AVAILABILITY OF UNITS.—If 
there are insufficient individuals and families 
that qualify for priorities under subparagraphs 
(A) and (B) to fill all the dwelling units in the 
housing, dwelling units may be made available 
to other individuals and families that meet the 
income requirements for occupancy in the hous-
ing. 
(5) OTHER.—The housing shall comply with 
such other policies regarding eligible residents as the 
Board of Directors may establish. 
SEC. 235. FINANCING. 
(a) AUTHORIZATION
OF
APPROPRIATIONS
FOR 
START-UP.—There is authorized to be appropriated to the 
Association for assistance for the supporting and devel-
oping mutual housing and costs of the Association in car-
rying out its functions—
(1) $50,000,000 for fiscal year 2004; 
(2) $100,000,000 for fiscal year 2005; and 
(3) $150,000,000 for fiscal year 2006. 
(b) OBLIGATIONS AND SECURITIES.—
(1) AUTHORITY
TO
ISSUE.—The Association 
may, upon such terms and conditions as the Board 
of Directors may prescribe, borrow, give security,
pay interest or other return, and issue notes, deben-
tures, bonds, and other obligations and securities. 
(2) TREASURY APPROVAL.—Any notes, deben-
tures, or substantially identical types of unsecured 
obligations of the Association evidencing money bor-
rowed, whether general or subordinated, shall be 
issued upon the approval of the Secretary of the 
Treasury and shall have such maturities and bear 
such rate or rates of interest as may be determined 
by the Association with the approval of the Sec-
retary of the Treasury. 
(c) TEMPORARY AUTHORITY TO BORROW FROM 
TREASURY.—
(1) IN GENERAL.—The Secretary of the Treas-
ury may purchase any obligations issued under sub-
section (b). For such purpose, the Secretary may use 
a public debt transaction the proceeds of the sale of 
any securities issued under chapter 31 of title 31, 
United States Code, and the purposes for which se-
curities may be issued under such chapter are ex-
tended to include such purpose. 
(2) LIMITATIONS ON AMOUNT AND TIMING.—
The Secretary of the Treasury shall not at any time 
purchase any obligations under this subsection—
(A) after the expiration of the 3-year pe-
riod beginning upon the date of the enactment 
of the first appropriation Act that provides 
amounts for the Association pursuant to sub-
section (a); or 
(B) if the purchase would increase the ag-
gregate principal amount of the outstanding 
holdings of obligations under this subsection by 
the Secretary to an amount greater than 
$100,000,000. 
(3) TERMS AND CONDITIONS.—Each purchase 
of obligations by the Secretary of the Treasury 
under this subsection shall be upon terms and condi-
tions established to yield a rate of return determined 
by the Secretary of the Treasury to be appropriate, 
taking into consideration the current average rate on 
outstanding marketable obligations of the United 
States as of the last day of the month preceding the 
making of the purchase. 
(4) SALE.—The Secretary of the Treasury may 
at any time sell, upon terms and conditions and at 
prices determined by the Secretary, any of the obli-
gations acquired by the Secretary under this sub-
section.
(5) TREATMENT
AS
PUBLIC
DEBT
TRANS-
ACTIONS.—All redemptions, purchases, and sales by 
the Secretary of the Treasury of obligations under 
this subsection shall be treated as public debt trans-
actions of the United States. 
(d) SENSE OF CONGRESS REGARDING FINANCING.—
It is the sense of the Congress that—
(1) in order to facilitate the raising of capital 
by the Association to carry out its functions, interest 
on revenue bonds of the Association should be treat-
ed under Federal law as exempt from Federal tax-
ation; 
(2) operating funds for housing provided by the 
Association should be derived wholly from the 
monthly payments made by, or on behalf of, resi-
dents of the cooperative housing of the Association; 
and 
(3) the Association should use its tax-exempt, 
nonprofit status to obtain funding and resources for 
its activities from foundations, State and local gov-
ernments, land trusts, and other sources of income 
made available to such organizations. 
SEC. 236. RELATIONSHIP WITH OTHER PROGRAMS. 
(a) COMMUNITY REINVESTMENT ACT CREDIT.—In 
assessing and taking into account, under section 804(a)
of the Community Reinvestment Act of 1977 (12 U.S.C. 
2903(a)), the record of any regulation financial institu-
tion, the appropriate Federal financial supervisory agency 
(as defined in section 803(1) of such Act) may consider 
as a factor investments in mutual housing supported by 
the Association in determining whether the institution is 
meeting the credit needs of its community for purposes 
of such section 804(a). 
(b) HUD MORTGAGEE PROGRAMS.—The Secretary 
of Housing and Urban Development shall treat the Asso-
ciation as an eligible mortgagee for purposes of participa-
tion in all single family and multifamily mortgage insur-
ance programs under the National Housing Act (12 
U.S.C. 1701 et seq.), except that such participation shall 
be subject to the authority of the Mortgagee Review Board 
under section 202 of such Act (12 U.S.C. 1708). 
(c) COMMUNITY DEVELOPMENT FINANCIAL INSTITU-
TIONS.—The Association shall, in providing mutual hous-
ing in accordance and carrying out its functions and re-
sponsibilities under this subtitle, utilize and work with 
community development financial institutions (as such 
term is defined in section 103 of the Community Develop-
ment Banking and Financial Institutions Act of 1994 (12 
U.S.C. 4702)) to the maximum extent practicable.
(d) FANNIE MAE.—Section 302(b) of the Federal 
National Mortgage Association Charter Act (12 U.S.C. 
1717(b)) is amended by adding at the end the following 
new paragraph: 
‘‘(7) The corporation may purchase, service, sell lend 
on the security of, and otherwise deal in loans or advances 
of credit secured by any first or subsequent mortgage or 
other lien on mutual housing that is owned or leased by 
the Federal Homeownership Mutual Mortgage Associa-
tion. Such mortgages shall meet any purchase standards 
otherwise established by the corporation pursuant to sec-
tion 304(a).’’
(e) FREDDIE MAC.—Section 305(a) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 
1454(a)) is amended by adding at the end the following 
new paragraph: 
‘‘(6) The Corporation may purchase, service, sell lend 
on the security of, and otherwise deal in loans or advances 
of credit secured by any first or subsequent mortgage or 
other lien on mutual housing that is owned or leased by 
the Federal Homeownership Mutual Mortgage Associa-
tion. Such mortgages shall meet any purchase standards 
otherwise established by the Corporation pursuant to 
paragraph (1).’’.
(f) GINNIE MAE.—The first sentence of section 
306(g)(1) of the National Housing Act (12 U.S.C. 
1721(g)(1)) is amended by inserting before the period at 
the end the following: ‘‘; or a trust or pool or composed 
of mortgages on mutual housing that is owned or leased 
by the Federal Homeownership Mutual Mortgage Associa-
tion’’. 
(g) REVENUE BONDS AND TAX CREDITS.—
(1) MUTUAL
HOUSING
BONDS
TREATED
AS 
QUALIFIED MORTGAGE BONDS.—Any bond which is 
issued as part of an issue by a State or political sub-
division thereof for the purpose of providing mutual 
housing developed by the Association to members of 
a limited equity cooperative shall be treated as a 
qualified mortgage bond for purposes of section 143 
of the Internal Revenue Code of 1986 (relating to 
qualified mortgage bonds). For purposes of the pre-
ceding sentence, section 143(d) of such Code shall 
be applied by substituting ‘‘80 percent’’ for ‘‘95 per-
cent’’. 
(2) REHABILITATION CREDIT.—For purposes of 
section 47 of the Internal Revenue Code of 1986 (re-
lating to rehabilitation credit), mutual housing sup-
ported, developed, or held by the Association shall be 
treated as residential rental property.
(3) CREDIT MAY BE TRANSFERRED.—Nothing 
in any law or rule of law shall be construed to limit 
the transferability of the credit allowed to the Asso-
ciation by sections 42 and 47 of the Internal Rev-
enue Code of 1986 (relating to low-income housing 
credit and rehabilitation credit) through sale and re-
purchase agreements. 
(h) CDBG AND HOME.—Notwithstanding any other 
provision of law——
(1) mutual housing owned or leased by the As-
sociation or any affiliate of the Association that is 
formed for the purpose of owning or leasing mutual 
housing shall be considered affordable housing for 
purposes of the HOME Investment Partnerships 
Act; and 
(2) the provision of assistance for the develop-
ment of such mutual housing shall be considered an 
activity eligible for assistance under title I of the 
Housing and Community Development Act of 1974 
(42 U.S.C. 5301 et seq.). 
(i) SECTION 8 HOMEOWNERSHIP PROGRAM.—Not-
withstanding any other provision of law, homeownership 
assistance under section 8(y) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(y)) may be used in con-
nection with fulfilling the financial obligations for mem-
bership in a mutual housing association operating housing 
owned or leased by the Association and for residence in 
housing of such association, in the manner that such as-
sistance is made available under such section for owner-
ship in a housing cooperative. Such use shall include use 
of assistance amounts to provide a deposit with the Asso-
ciation, on behalf of such a resident, in an amount not 
exceeding three months carrying charges, which shall be 
held by the Association and used at the request of the 
resident and the approval of the Secretary upon financial 
hardship to the resident, and if not so used shall be recov-
ered by the Secretary upon termination of the membership 
of the resident in the Association. 
(j) SUPPORTIVE HOUSING.—
(1) PARTNERING AUTHORITY.—Mutual housing 
owned or leased by the Association may be developed 
as—
(A) supportive housing for the elderly eligi-
ble for assistance under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q); or 
(B) supportive housing for persons with 
disabilities eligible for assistance under section 
811 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 8013).
The Association may enter into such agreements with 
sponsors of such housing as may be necessary to develop 
such mutual housing. 
(2) MEMBERSHIP FEES.—Notwithstanding sec-
tion 202(i) of the Housing Act of 1959 (12 U.S.C. 
1701q(i)), section 811 of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 8013(i)), 
and the regulations issued under subtitle C of title 
VI of the Housing and Community Development Act 
of 1992 (42 U.S.C. 13601 et seq.), the Association 
may require residents of such supportive housing 
owned or leased by the Association to pay a one-time 
membership fee not to exceed $500, as such fee may 
be increased to account for inflation according to 
such index as the Board of Directors may provide, 
to become a member of the Association. 
SEC. 237. OVERSIGHT. 
(a) HUD.—The Association shall submit to the Sec-
retary of Housing and Urban Development and the Con-
gress—
(1) on an annual basis, a report describing—
(A) the mutual housing activities of the 
Association; and 
(B) the financial condition and operations 
of the Association; and
(2) such other reports as the Secretary may re-
quire. 
(b) TREASURY.—During the period set forth in sec-
tion 245(c)(2)(A), the Association shall submit to the Sec-
retary of the Treasury, on an annual basis, a report re-
garding the financial condition and operations of the Asso-
ciation, including any borrowing activities of the Associa-
tion, that contains such information as the Secretary may 
require. 
(c) AUDIT OF FINANCIAL STATEMENTS.—
(1) REQUIREMENT.—The Association shall have 
an annual independent audit made of its financial 
statements by an independent public accountant in 
accordance with generally accepted auditing stand-
ards. The Association shall submit the audit to the 
Secretary of Housing and Urban Development. 
(2) CONTENTS.—In conducting an audit under 
this subsection, the independent public accountant 
shall determine and report on whether the financial 
statements of the Association are presented fairly in 
accordance with generally accepted accounting prin-
ciples. 
(d) GAO AUDIT AUTHORITY.—
(1) IN GENERAL.—The programs, activities, re-
ceipts, expenditures, and financial transactions of
the Association shall be subject to audit by the 
Comptroller General of the United States under 
such rules and regulations as may be prescribed by 
the Comptroller General. The representatives of the 
General Accounting Office shall have access to all 
books, accounts, financial records, reports, files and 
all other papers, things, or property belonging to or 
in use by the Association and necessary to facilitate 
the audit, and they shall be afforded full facilities 
for verifying transactions with the balances or secu-
rities held by depositaries, fiscal agents, and 
custodians. A report on each such audit shall be 
made by the Comptroller General to the Congress. 
The Association shall reimburse the General Ac-
counting Office for the full cost of any such audit 
as billed therefor by the Comptroller General. 
(2) ACCESS TO AUDIT INFORMATION.—To carry 
out this subsection, the representatives of the Gen-
eral Accounting Office shall have access, upon re-
quest to the Association or any auditor for an audit 
of the Association under subsection (c), to any 
books, accounts, financial records, reports, files, or 
other papers, things, or property belonging to or in 
use by the Association and used in any such audit
and to any papers, records, files, and reports of the 
auditor used in such an audit. 
SEC. 238. PROTECTION OF NAME. 
(a) NAME.—Except as expressly authorized by stat-
ute of the United States, no individual or organization (ex-
cept the Association) may use the term ‘‘Federal Home-
lessness to Housing Mutual Mortgage Association’’, 
‘‘Hollie Mae’’, or any combination of words including 
‘‘Federal’’ and ‘‘Homelessness to Housing’’ and ‘‘Mutual’’ 
and ‘‘Mortgage’’, as a name or part thereof under which 
any individual or organization does any business, but this 
subsection shall not make unlawful the use of any name 
under which business is being done on the date of the en-
actment of this Act. 
(b) SIGNS AND INSIGNE.—No individual or organiza-
tion shall use or display—
(1) any sign, device, or insigne prescribed or 
approved by the Association for use or display by the 
Association, 
(2) any copy, reproduction, or colorable imita-
tion of any such signs, device, or insigne, or 
(3) any sign, device, or insigne reasonably cal-
culated to convey the impression that it is a sign, 
device, or insigne used by the Association or pre-
scribed or approved by the Association,
contrary to regulations of the Association prohibiting, or 
limiting or restricting, such use or display by such indi-
vidual or organization. 
(c) PENALTIES.—An individual or organization vio-
lating this section shall for each violation be punished by 
a fine of not more than $10,000. An officer or member 
of an organization participating or knowingly acquiescing 
in any violation of this section shall be punished by a fine 
of not more than $5,000 or imprisonment for not more 
than one year, or both 
SEC. 239. DEFINITIONS. 
For purposes of this subtitle, the following definitions 
shall apply: 
(1) ASSOCIATION.—The term ‘‘Association’’ 
means the Federal Homelessness to Housing Mutual 
Mortgage Association. 
(2) BOARD OF DIRECTORS.—The term ‘‘Board 
of Directors’’ means the Board of Directors of the 
Association. 
SEC. 240. TERRITORIAL APPLICABILITY. 
Notwithstanding any other law, the Association may 
carry out mutual housing activities within the several 
States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and 
any other territory or possession of the United States. 
Subtitle C—Use of Federal Surplus 
Property to Assist the Homeless 
SEC. 271. USE OF FEDERAL SURPLUS PROPERTY TO ASSIST 
THE HOMELESS. 
Section 501 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11411) is amended—
(1) in subsection (a), by inserting before the pe-
riod at the end of the first sentence the following: 
‘‘, properties in the single-family inventory of the 
Department of Housing and Urban Development, or 
real properties that are in the custody of the United 
States as a result of civil or criminal forfeiture pro-
ceedings under the Federal Food, Drug, and Cos-
metic Act; 
(2) in subsection (f), by inserting after para-
graph (4) the following new paragraph: 
‘‘(5) The uses to assist the homeless for which prop-
erty may be made available under this section shall include 
permanent housing for the homeless.’’; 
(3) in subsection (i)—
(A) in paragraph (4), by striking ‘‘and’’ at 
the end;
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) the term ‘permanent housing’’ means 
housing that may be occupied for a period of unlim-
ited duration.’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(j) NOTIFICATION.—The Secretary of Housing and 
Urban Development, the Secretary of Health and Human 
Services, and the Director of the Interagency Council on 
the Homeless shall undertake activities necessary to en-
sure that representatives of the homeless are notified of 
properties available in their localities pursuant to this title 
and of procedures for applying for such properties.’’. 
TITLE 
III—HOMELESS 
INTER-
VENTION AND PREVENTION 
SEC. 301. PRESERVATION OF PUBLIC HOUSING DWELLING 
UNITS UNDER HOPE VI. 
(a) PURPOSES.—Section 24(a)(1) of the United 
States Housing Act of 1937 (42 U.S.C. 1437v(a)) is 
amended by inserting before the semicolon at the end the 
following: ‘‘, while retaining or increasing the overall num-
ber of dwelling units available to low-income families’’.
(b) PROHIBITION
OF NET LOSS
OF DWELLING 
UNITS.—Section 24 of the United States Housing Act of 
1937 (42 U.S.C. 1437v) is amended—
(1) by redesignating subsections (h) through 
(n) as subsections (j) through (p), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing new subsection: 
‘‘(h) PROHIBITION
OF NET LOSS
OF DWELLING 
UNITS.—The Secretary may not approve an application 
for a grant under this section unless the application pro-
vides—
‘‘(1) for the provision of at least one additional 
decent, safe, and sanitary public housing dwelling 
unit for each public housing dwelling unit demol-
ished or disposed of under the application, which ad-
ditional dwelling units shall be reserved for occu-
pancy by low-income families and located within the 
jurisdiction of the applicant; and 
‘‘(2) that the total number of bedrooms in addi-
tional public housing dwelling units provided pursu-
ant to paragraph (1) is equal to or exceeds the total 
number of bedrooms in dwelling units demolished or 
disposed of under the application.’’.
SEC. 302. RIGHT TO NEW UNITS OF INDIVIDUALS AND FAMI-
LIES DISPLACED BY HOPE VI PROJECTS. 
(a) PURPOSES.—Section 24(a) of the United States 
Housing Act of 1937 (42 U.S.C. 1437v(a)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) providing individuals and families pre-
viously residing in public housing replaced pursuant 
to this section with the right to occupancy in a new 
replacement dwelling unit; and’’. 
(b) RIGHT OF RESIDENTS TO OCCUPY NEW DWELL-
ING UNITS.—Section 24 of the United States Housing Act 
of 1937 (42 U.S.C. 1437v) is amended by inserting after 
subsection (h) (as added section 301 of this Act) the fol-
lowing new subsection: 
‘‘(i) RIGHT OF PREVIOUS RESIDENTS TO OCCUPY 
NEW DWELLING UNITS.—The Secretary may not approve 
an application for a grant under this section unless the 
application provides that each family displaced from a 
public housing dwelling unit that is demolished or disposed 
of under the application, or otherwise displaced by revital-
ization activities under the application, will be offered first
occupancy in a public housing or other subsidized dwelling 
unit of appropriate size constructed, acquired, or rehabili-
tated under the application.’’. 
SEC. 303. POLICIES REGARDING HOMELESS INDIVIDUALS 
AND FAMILIES IN FEDERALLY FUNDED FA-
CILITIES. 
(a) MAINTAINING FAMILY UNITS
IN OVERNIGHT 
SHELTERS.—A federally funded facility that provides 
shelter to homeless individuals on an emergency or tem-
porary basis may not establish or continue in effect any 
policy regarding admission to the facility that has the ef-
fect of denying admission to a member of a family or 
household unit that is seeking admission as a family or 
unit, except that the prohibition under this subsection 
shall not apply with respect to admissions policies for the 
prevention of domestic violence. 
(b) DISCHARGE REQUIREMENTS
BY RESIDENTIAL 
CARE, TREATMENT, CUSTODY, AND FOSTER CARE FA-
CILITIES.—A federally funded residential care facility 
shall, in discharging each individual provided services at 
the facility, ensure that upon such discharge—
(1) there is available to such individual a suit-
able residential setting such that the individual will 
not be homeless upon such discharge, except that 
this paragraph may not be construed to authorize a
facility to hold an individual in the facility without 
the consent of the individual; 
(2) such individual is provided assistance appro-
priate to ensure that the individual obtains all Fed-
eral, State, and local entitlements, services, and ben-
efits (including medical, income, food, and housing 
benefits) for which such individual is eligible; and 
(3) such individual has been issued a social se-
curity number and has in his or her possession a 
State-issued driver’s license or other identification 
card. 
(c) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) FEDERALLY FUNDED.—The term ‘federally 
funded’ means, with respect to a facility, that the fa-
cility receives financial assistance, directly or indi-
rectly, from any agency or office of the Federal Gov-
ernment, including any loan, grant, subsidy, guar-
antee, mortgage insurance, or other financial assist-
ance. 
(2) RESIDENTIAL CARE FACILITY.—The term 
‘residential care facility’ means a facility that pro-
vides care or treatment (including medical, mental 
health, and drug or alcohol abuse care or treatment) 
or custody in a residential setting. Such term in-
cludes a hospital (to the extent residential care is 
provided therein), nursing home, intermediate care 
facility, board and care home, assisted living facility, 
congregate care facility, and foster care facility. 
(d) REGULATIONS.—The Secretary of Housing and 
Urban Development shall issue final regulations to carry 
out this section not later than 12 months after the date 
of the enactment of this Act. 
SEC. 304. ESTABLISHMENT OF EMERGENCY RENT RELIEF 
FUND. 
(a) GRANT PROGRAM.—The Secretary of Housing 
and Urban Development shall, to the extent approved in 
appropriation Acts, contract to make, and make, grants 
available to non-profit organizations or local or State gov-
ernmental units for the purpose of providing emergency 
rent relief payments to landlords on behalf of tenants who 
face eviction due to temporary financial difficulties. 
(b) RENTAL ASSISTANCE PAYMENTS.—
(1) AUTHORITY OF NON-PROFITS OR LOCAL OR 
STATE GOVERNMENTAL UNITS TO MAKE RENT PAY-
MENTS
TO
LANDLORDS
ON
BEHALF
OF
CERTAIN 
TENANTS.—Any non-profit organization or local or 
State governmental unit which receives any grant 
under subsection (a) shall use such grant to make 
emergency rent relief payments in accordance with
paragraph (2), to landlords on behalf of tenants who 
meet the requirements of subsection (c) and who 
apply for such assistance. 
(2) AUTHORITY OF NON-PROFITS OR LOCAL OR 
STATE GOVERNMENTAL UNITS TO DETERMINE PAY-
MENTS.—Non-profit organizations or local or state 
governmental units may determine the amounts nec-
essary to be paid to any landlord under paragraph 
(1) on behalf of any tenant, beyond the amounts, if 
any, that the tenant is able to contribute toward 
rent payments, subject to the following conditions 
and limitations: 
(A) MAXIMUM OF TOTAL RENT DUE.—The 
total amount of any payment shall not exceed 
the total amount of rent due the landlord from 
the tenant. 
(B) INITIAL PAYMENT NOT TO EXCEED 3 
MONTHS RENT.—The initial payment may in-
clude an amount necessary to make the pay-
ments of such rent current, except that such 
amount may not exceed an amount equal to 3 
monthly rent payments of the tenant. 
(C) MINIMUM AMOUNT TO BE PAID.—Pay-
ments are to be designed to ensure that the 
total monthly housing expense of the tenant
does not exceed 30 percent of the monthly net 
income of the tenant. 
(D) 
MAXIMUM
OF
CONSECUTIVE 
MONTHLY PAYMENTS.—Payments are not to be 
made for a continuous period of more than 18 
months. 
(E) MAXIMUM OF 36 MONTHLY PAYMENTS 
OVERALL.—Payments are not to be made for 
an aggregate of more than 36 months. 
(F) TERMINATION
OF
PAYMENTS.—Pay-
ments are to be terminated when the non-profit 
organization or local or State governmental unit 
determines that changes in the financial cir-
cumstances of such tenant render such pay-
ments no longer necessary to prevent eviction of 
the tenant. 
(3) EXPEDITIOUS
PROCESSING
OF
APPLICA-
TIONS.—Any non-profit organization or local or 
State governmental unit which receives any grant 
under subsection (a) shall, within 30 days after the 
receipt of any application for rental assistance under 
subsection (b), notify the tenant and landlord in-
volved of its determination to approve or disapprove 
the application.
(4) ACCEPTANCE OF RENTAL ASSISTANCE PAY-
MENT
BY
LANDLORD
IS
A
WAIVER
OF
CLAIMS 
AGAINST
TENANT
FOR
NONPAYMENT
OF
RENT.—
Any landlord who accepts any payment of assistance 
under paragraph (1) waives the right to institute or 
continue eviction proceedings that are based on a 
claim of nonpayment of rent for any period before 
the date of the payment. 
(5) REPAYMENT
OF
ASSISTANCE
BY
TEN-
ANTS.—
(A) IN GENERAL.—Payments made under 
paragraph (1) on behalf of any tenant shall be 
repayable to the Secretary by the tenant on 
terms and conditions prescribed by the Sec-
retary. 
(B) MAXIMUM
AMOUNT.—Any non-profit 
organization or local or State governmental unit 
which receives any grant under subsection (a) 
shall ensure that the monthly repayment 
amount for any tenant making repayments 
under subparagraph (A) is calculated so that 
the sum of the monthly repayment amount and 
the total monthly housing expense of the tenant 
is at most 50 percent of the monthly net income
of the tenant, except that the Secretary may 
waive this limitation on a case-by-case basis. 
(6) DEPOSIT
IN
EMERGENCY
RENT
RELIEF 
FUND.—Amounts received by the Secretary from 
any non-profit organization or local or State govern-
mental unit as repayments under paragraph (5) or 
as interest on assistance payments made under para-
graph (1), shall be deposited in the account of the 
non-profit or local or State governmental unit in the 
Emergency Rent Relief Fund established in sub-
section (g). 
(7) MONITORING
OF
TENANT’S
ABILITY
TO 
PAY.—The Secretary shall establish procedures for 
any tenant on whose behalf payments are made 
under paragraph (1), and any tenant who is to make 
repayments under paragraph (5), to inform the non-
profit organization or local or State governmental 
unit making such payments, or receiving such repay-
ments, of any significant increase or decrease in the 
income of the tenant. 
(8) PERIODIC REVIEW OF TENANT’S FINANCIAL 
CIRCUMSTANCES.—The Secretary shall establish pro-
cedures to be followed by non-profit organizations or 
local or State governmental units for reviewing, not 
less frequently than annually, the financial cir-
cumstances of any tenant on whose behalf payments 
are to be made under paragraph (1), and any tenant 
who is to make repayments under paragraph (5), to 
determine whether such payments or repayments 
should be adjusted or terminated. 
(c) ELIGIBILITY FOR ASSISTANCE.—Any non-profit 
organization or local or State governmental unit which re-
ceives any grant under subsection (a) may make rental 
assistance payments under subsection (b) to any landlord 
on behalf of any tenant if it has determined that all of 
the following requirements have been met: 
(1) LANDLORD HAS NOTIFIED TENANT OF IN-
TENT
TO
EVICT
TENANT
FOR
NONPAYMENT
OF 
RENT.—The landlord has notified the tenant that 
the landlord intends to evict the tenant for non-
payment of rent. 
(2) PRINCIPAL RESIDENCE.—The rental prop-
erty involved is the principal residence of the tenant. 
(3) RENT DOES NOT EXCEED MEDIAN RENT 
FOR SIMILAR UNITS IN AREA RECENTLY RENTED.—
The monthly rent payable by the tenant does not ex-
ceed the amount equal to the median rent paid for 
rental units of the same size by tenants who moved 
into or within the area in which the non-profit or 
local or State governmental unit is located during
the most recently completed period of at most 12 
months for which such data is available. 
(4) RENT
IS
DELINQUENT
DUE
TO
EVENTS 
OUTSIDE CONTROL OF TENANT.—Events outside the 
control of the tenant have rendered the tenant un-
able to—
(A) correct a rent payment delinquency 
within a reasonable time; and 
(B) resume full rent payments. 
(5) PAYMENT IS NECESSARY TO PREVENT EVIC-
TION.—The payment is necessary to prevent eviction 
of the tenant. 
(6) PAYMENTS
WILL
PROBABLY
BE
TEM-
PORARY.—There is a reasonable likelihood that the 
tenant will resume full rent payments—
(A) within 18 months after the beginning 
of the period for which payments under sub-
section (b) are to be provided; or 
(B) on termination of assistance under 
such subsection. 
(7) TENANT IS LIKELY TO REPAY.—The tenant 
is likely to repay the amounts paid on behalf of the 
tenant by the non-profit or local or State govern-
mental unit.
(d) SUBMISSION OF APPLICATION STAYS EVICTION 
PROCEEDINGS UNTIL DISAPPROVAL OF APPLICATION.—
The submission of an application for assistance under sub-
section (b) by any tenant who meets the requirements of 
subsection (c)(2), after eviction proceedings have begun 
shall automatically stay the proceedings until receipt of 
notification of disapproval of such application. 
(e) ALLOCATION OF GRANTS.—
(1) ALLOCATION
FORMULA.—The Secretary 
shall allocate the amounts to be made available 
under subsection (a) so that the aggregate amount 
allocated to non-profit organizations or local or 
State governmental units in any State shall be equal 
to the sum of—
(A)(i) the ratio of the number of unem-
ployed persons in the State to the number of 
unemployed persons in the United States, mul-
tiplied by—
(ii) 1⁄2 of the amount appropriated under 
the authority established in this section; and 
(B)(i) the ratio of the population of the 
State to the population of the United States, 
multiplied by—
(ii) 1⁄2 of the amount so appropriated.
(2) APPLICATION
FOR
GRANTS.—Applications 
for grants under subsection (a) shall be made by 
non-profit organizations or local or State govern-
mental units in such form, and according to such 
procedures, as the Secretary shall prescribe. 
(3) RULES FOR CONSIDERATION OF APPLICA-
TIONS.—In considering applications for grants under 
subsection (a), the Secretary shall take into ac-
count—
(A) the degree of demonstrated need in the 
non-profit organization or local or State govern-
mental unit; 
(B) the capacity of the non-profit organi-
zation or local or State governmental unit to 
administer the program of assistance under this 
section. 
(4) PROCESSING OF APPLICATIONS.—The Sec-
retary shall process applications for grants under 
subsection (a) as expeditiously as possible, and shall 
make such grants within 90 days after the effective 
date of the regulations issued by the Secretary under 
subsection (f). 
(f) REGULATIONS.—Within 90 days after the date of 
the enactment of this Act, the Secretary shall issue such 
regulations as may be necessary to carry out this section.
(g) EMERGENCY RENT RELIEF FUND.—
(1) ESTABLISHMENT.—There is hereby estab-
lished in the Treasury of the United States a revolv-
ing fund, to be known as the Emergency Rent Relief 
Fund. 
(2) COMPOSITION OF FUND.—The Fund shall 
consist of—
(A) any amount approved in appropriation 
Acts for purposes of carrying out this section; 
(B) any amount received by the Secretary 
as repayment for payments made under sub-
section (b); and 
(C) any amount received by the Secretary 
from investments made under paragraph (4). 
(3) AVAILABILITY OF FUNDS.—Amounts in the 
Fund by reason of subsection (b)(6) or by reason of 
investments made under paragraph (4), shall be 
available, to the extent provided in appropriation 
Acts, to the Secretary to make grants to non-profit 
organizations or local or State governmental units—
(A) for the making of emergency rent re-
lief payments to landlords on behalf of tenants 
under subsection (b); and 
(B) for the administrative expenses associ-
ated with the making of such payments.
(4) INVESTMENT
OF
SURPLUS
FUNDS.—Any 
amount in any account of the Fund determined by 
the Secretary to be more than the amount required 
to be in such account to carry out this section shall 
be invested by the Secretary in obligations of, or 
guaranteed as to both principal and interest by, the 
United States or any agency of the United States. 
(h) REPORT TO CONGRESS.—Within 60 days after 
the date of the enactment of this Act, and not less fre-
quently than every 90 days thereafter, the Secretary shall 
submit to the Congress a report on—
(1) the then current rate of rent payment delin-
quencies and evictions in the rental housing market 
areas of the United States of immediate concern if 
the purposes of this section are to be achieved; 
(2) the extent of, and prospect for continuance 
of, voluntary forbearance from the eviction of ten-
ants by landlords in such housing market areas; 
(3) actions taken by government agencies to en-
courage such forbearance; and 
(4) actions taken and actions likely to be taken 
with respect to making assistance under this section 
available to alleviate hardships resulting from any 
serious rates of delinquencies and evictions. 
(i) DEFINITIONS.—As used in this section:
(1) FUND.—The term ‘‘Fund’’ means the 
Emergency Rent Relief Fund established in sub-
section (g). 
(2) LOCAL GOVERNMENTAL UNIT.—The term 
local governmental unit means any borough, city, 
county, parish, town, township, village, or other gen-
eral purpose political subdivision of a State. 
(3) MONTHLY NET INCOME OF THE TENANT.—
The term ‘‘monthly net income of the tenant’’ means 
the monthly gross income of the tenant, less any 
Federal, State, or local income or employment taxes 
due with respect to such income. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(5) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, the Northern Mariana Is-
lands, the Trust Territory of the Pacific Islands, and 
any other territory or possession of the United 
States. 
(6) TOTAL
MONTHLY
HOUSING
EXPENSE
OF 
THE TENANT.—The term ‘‘total monthly housing ex-
pense of the tenant’’ means the sum of—
(A) the monthly rent payment due by the 
tenant; and 
(B) the monthly utility costs of the tenant 
with respect to the tenant’s dwelling unit. 
(j) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
such sums as necessary for fiscal years 2004, 2005, 2006, 
2007, and 2008. Any amount so appropriated shall be de-
posited in the Fund and shall remain available until ex-
pended. 
(k) BORROWING AUTHORITY.—To carry out the pur-
poses of this section, the Secretary of Housing and Urban 
Development may issue to the Secretary of the Treasury 
notes or other obligations to the extent approved in appro-
priation Acts, in such forms and denominations, bearing 
such maturities, and subject to such terms and conditions 
as may be prescribed by the Secretary of the Treasury. 
Such notes or other obligations shall bear interest at a 
rate determined by the Secretary of the Treasury, taking 
into consideration the average interest rate on all interest 
bearing obligations of the United States then forming a 
part of the public debt, computed at the end of the fiscal 
year next preceding the date on which the loan is made. 
The Secretary of the Treasury shall purchase any notes 
and obligations issued hereunder and for that purpose the
Secretary of the Treasury may use as a public debt trans-
action the proceeds from the sale of any securities issued 
under chapter 31 of title 31, United States Code; and the 
purposes for which securities may be issued under such 
chapter are extended to include any purchase of such 
notes or other obligations. The Secretary of the Treasury 
may at any time sell any of the notes or other obligations 
acquired by the Secretary of the Treasury under this sec-
tion. All redemptions, purchases and sales by the Sec-
retary of the Treasury of such notes or other obligations 
shall be treated as public debt transactions of the United 
States. The Secretary of Housing and Urban Development 
may not issue notes or other obligations to the Secretary 
of the Treasury pursuant to this section except as ap-
proved in appropriation Acts. 
SEC. 305. INCOME EXEMPTIONS. 
(a) WORK PERFORMED IN PUBLIC HOUSING.—
(1) EXEMPTION
FROM
INCOME
UNDER
HUD 
PROGRAMS.—Section 3(b)(5)(A) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(5)(A)) is amended by adding at the end 
the following new clause: 
‘‘(viii) WORK
PERFORMED
IN
PUBLIC 
HOUSING.—The amount of any earned income 
of any member of the family for work per-
formed for the public housing agency at a loca-
tion owned by the agency.’’. 
(2) EXEMPTION FROM INCOME UNDER OTHER 
FEDERAL
PROGRAMS.—Notwithstanding any other 
provision of law, the amount of any earned income 
of any member of the family residing in public hous-
ing (as such term is defined in section 3(b) of the 
United States Housing Act of 1937 (42 U.S.C. 
1437a(b)) for work performed for the public housing 
agency that administers such housing at a location 
owned by the agency may not be considered as in-
come or a resource for the purpose of determining 
eligibility for, or the amount of the benefits or serv-
ices to be provided under, any Federal or federally 
assisted program that provides benefits or services 
based in whole or in part, on need.’’. 
(b) CHILD SUPPORT PAYMENTS.—Clause (v) of sec-
tion 3(b)(5)(A) of the United States Housing Act of 1937 
(42 U.S.C. 1437a(b)(5)(A)(v)) is amended to read as fol-
lows: 
‘‘(v) CHILD SUPPORT PAYMENTS.—50 per-
cent of the amount of any payment made by a 
member of the family for the support and main-
tenance of any child who does not reside in the 
household.’’.
SEC. 306. POST OFFICE BOX AND GENERAL DELIVERY 
SERVICE FOR PERSONS WITH NO FIXED AD-
DRESS. 
Section 404 of title 39, United States Code, is 
amended by adding at the end the following: 
‘‘(c) In an effort to assist persons with no fixed ad-
dress—
‘‘(1) a homeless person’s application for post of-
fice box service may be approved if the applicant—
‘‘(A) is personally known to the postmaster 
or clerk; 
‘‘(B) submits proper identification, such as 
(i) a valid driver’s license or other credential 
showing the applicant’s signature and a serial 
number, or (ii) other indicia that can be traced 
to the bearer; or 
‘‘(C) provides a verifiable point of contact, 
such as a place of employment, shelter, chari-
table institution, or social service office; or 
‘‘(2) a homeless person may receive indefinite 
general delivery service, as provided under regula-
tions or other standards of the United States Postal 
Service, if such person—
‘‘(A) is unable to meet the conditions 
under paragraph (1);
‘‘(B) meets the conditions under paragraph 
(1), but opts for service under this paragraph 
because the service described in paragraph (1) 
is not available; or 
‘‘(C) otherwise opts for service under this 
paragraph instead of the service described in 
paragraph (1).’’. 
SEC. 307. GRANTS TO PUBLIC HOUSING POLICE FORCES. 
(a) IN GENERAL.—The Secretary of Housing and 
Urban Development may make grants under this section 
to public housing agencies and public housing resident 
management corporations that are principally managing, 
as determined by the Secretary, public housing projects 
owned by public housing agencies for use in establishing 
and maintaining public housing police forces. 
(b) CONSORTIA.—Subject to terms and conditions es-
tablished by the Secretary, public housing agencies may 
form consortia for purposes of applying for grants under 
this section. 
(c) ELIGIBLE ACTIVITIES.—Grants under this sec-
tion may be used only for—
(1) the employment of law enforcement per-
sonnel by public housing police forces;
(2) reimbursement of local law enforcement 
agencies for additional security and protective serv-
ices for public housing; 
(3) physical improvements which are specifically 
designed to enhance security in public housing; 
(4) the provision of training, communications 
equipment, surveillance equipment, and other related 
equipment for use by law enforcement officers of 
public housing police forces; and 
(5) the provision of training for voluntary pub-
lic housing resident patrols acting in cooperation 
with law enforcement officials of public housing po-
lice forces or other local law enforcement officials. 
(d) IN GENERAL.—The Secretary shall provide for 
public housing agencies and resident management cor-
porations to submit applications to receive grants under 
this section. An application shall include a plan for use 
of the grant amounts and shall identify the existing or 
proposed law enforcement authority of the public housing 
police force to be assisted with grant amounts. The plan 
shall be coordinated with and may be included in the pub-
lic housing agency plan submitted to the Secretary pursu-
ant to section 5A of the United States Housing Act of 
1937. 
(e) DEFINITIONS.—For purposes of this section:
(1) PUBLIC HOUSING.—The term ‘‘public hous-
ing’’ has the meaning given such term in section 
3(b) of the United States Housing Act of 1937 (42 
U.S.C. 1437a(b). 
(2) PUBLIC
HOUSING
POLICE
FORCE.—The 
term ‘‘public housing police force’’ means an accred-
ited public law enforcement agency that has an area 
of jurisdiction that consists primarily of public hous-
ing developments. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants under this 
section $100,000,000 for fiscal year 2004 and such sums 
as may be necessary for each of fiscal years 2005, 2006, 
2007, and 2008. 
SEC. 308. TEMPORARY EX-OFFENDER LOW-INCOME HOUS-
ING CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 45G. EX-OFFENDER LOW-INCOME HOUSING CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
amount of the ex-offender low-income housing credit de-
termined under this section for any taxable year in the 
credit period shall be an amount equal to—
‘‘(1) the applicable percentage of 
‘‘(2) the qualified basis of each qualified ex-of-
fender residential building. 
‘‘(b) APPLICABLE PERCENTAGE.—In the case of any 
qualified ex-offender residential building, the term ‘appli-
cable percentage’ has the meaning given such term in sec-
tion 42(b)(2) with respect to qualified low-income build-
ings, except that, for the purposes of this subsection, the 
percentages prescribed by the Secretary under section 
42(b)(2)(B) shall yield amounts of credit which have a 
present value equal to 70 percent of the qualified basis 
of any qualified ex-offender residential building. 
‘‘(c) QUALIFIED BASIS.—
‘‘(1) IN GENERAL.—For purposes of subsection 
(a) and except as otherwise provided in this sub-
section, the term ‘qualified basis’ means the ad-
justed basis of a qualified ex-offender residential 
building as of the close of the 1st taxable year of the 
credit period. 
‘‘(2) QUALIFIED BASIS TO INCLUDE PORTION 
OF BUILDING USED TO PROVIDE EX-OFFENDER SUP-
PORT SERVICES.—The qualified basis of any quali-
100
fied ex-offender residential building for any taxable 
year shall be increased by the lesser of—
‘‘(A) so much of the qualified basis of such 
building as is used throughout the year to pro-
vide ex-offender support services, or 
‘‘(B) 20 percent of the qualified basis of 
such building (determined without regard to 
this paragraph). 
‘‘(3) SPECIAL
RULES.—Rules similar to the 
rules of paragraphs (4), (5) (other than subpara-
graph (A) thereof), and (7) of section 42(d) shall 
apply in determining the adjusted basis of any quali-
fied ex-offender residential building. 
‘‘(d) REHABILITATION EXPENDITURES.—Rules simi-
lar to the rules of section 42(e) shall apply in determining 
the treatment of rehabilitation expenditures paid or in-
curred by the taxpayer with respect to a qualified ex-of-
fender residential building. 
‘‘(e) CREDIT PERIOD.—For purposes of this section, 
rules similar to the rules of section 42(f) shall apply in 
determining the credit period with respect to any qualified 
ex-offender residential building. 
‘‘(f) 
QUALIFIED
EX-OFFENDER
RESIDENTIAL 
BUILDING.—For purposes of this section, the term ‘quali-
fied ex-offender residential building’ means any building
101
which, at all times during the compliance period, meets 
the following requirements: 
‘‘(1) SINGLE OCCUPANCY EX-OFFENDER RESI-
DENTIAL
UNITS.—Each residential unit in such 
building may be made available for occupancy to not 
more than 1 individual. Such individual must be an 
ex-offender who—
‘‘(A) meets the residency requirements 
under subsection (g); 
‘‘(B) has failed to meet such requirements 
for fewer than 14 days; or 
‘‘(C) is in the process of being evicted from 
such building for failing to meet such require-
ments.
‘‘A building shall not be determined to fail to satisfy 
the requirements of this paragraph solely because 
some or all of the residential units in such building 
are single room occupancy (as defined in section 
(8)(n) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(n))). 
‘‘(2) SELF-SUFFICIENCY CENTERS FOR EX-OF-
FENDERS.—The building shall include a self-suffi-
ciency center for ex-offenders that—
‘‘(A) is specifically designed to accommo-
date, and reserved for, the provision of ex-of-
102
fender support services to residents of the facil-
ity and other ex-offenders; 
‘‘(B) is made available for rental by pro-
viders of such services at a rate determined by 
the owner of the facility; and 
‘‘(C) provides an array of such services 
sufficient to meet a significant portion of the 
needs of ex-offenders for ex-offender support 
services. 
‘‘(3) RENT LIMITATIONS.—The portion of the 
monthly rent payable by the occupant of each unit 
in the building may not exceed 30 percent of the ad-
justed monthly income (as such term is defined in 
section 3(b) of the United States Housing Act of 
1937 (42 U.S.C. 1437a(b)) of the occupant. 
‘‘(g) RESIDENCY REQUIREMENTS.—
‘‘(1) IN GENERAL.—An ex-offender meets the 
residency requirements for a qualified ex-offender 
residential building if such ex-offender—
‘‘(A) has a low income; 
‘‘(B) is participating in an ex-offender sup-
port services program as described in paragraph 
(3)(B); 
‘‘(C) has not been prohibited from resi-
dency under paragraph (4); and
103
‘‘(D) commences occupancy of a unit in a 
qualified ex-offender residential building on a 
date that is not later than—
‘‘(i) in the case of an ex-offender who 
has been discharged from prison, jail, a 
half-way house, or any other correctional 
facility, 12 months after such discharge; or 
‘‘(ii) in the case of any ex-offender 
whose sentence did not include confine-
ment to a correctional facility, 12 months 
after the date of the ex-offender’s convic-
tion. 
‘‘(2) LOW-INCOME.—For purposes of this sec-
tion, an ex-offender is considered to have a low in-
come if, at the commencement of the ex-offender’s 
occupancy of a residential unit, the income (if any) 
of the ex-offender does not exceed 60 percent of area 
median gross income (as determined consistent with 
section 8 of the United States Housing Act of 
1937). 
‘‘(3) PARTICIPATION
IN
EX-OFFENDER
SUP-
PORT SERVICES PROGRAM.—
‘‘(A) PROGRAM.—For purposes of this sec-
tion, an ex-offender support services program is 
a program for the provision of specific ex-of-
104
fender support services for an ex-offender 
that—
‘‘(i) is created and managed by a co-
ordinating individual or entity having edu-
cation, training, and experience with ex-of-
fenders and their support services needs; 
‘‘(ii) is specifically designed to meet 
the needs of the particular ex-offender for 
ex-offender support services; 
‘‘(iii) sets forth a specific duration 
over which the ex-offender support services 
are to be provided and goals by which to 
assess the progress of the ex-offender; and 
‘‘(iv) provides for continual oversight 
to monitor the progress and needs of the 
ex-offender and to ensure that the ex-of-
fender is being provided the appropriate 
ex-offender support services and is com-
plying with the requirements of the pro-
gram. 
‘‘(B) PARTICIPATION.—For purposes of 
this section, an ex-offender is considered to be 
participating in an ex-offender support services 
program if the ex-offender—
105
‘‘(i) has entered into a written agree-
ment with the coordinator for the program 
that—
‘‘(I) sets forth the ex-offender 
support services that are appropriate 
for, and will be made available to, the 
ex-offender and the duration of the 
program for the ex-offender; and 
‘‘(II) provides that the ex-offend-
er’s continued attendance at scheduled 
program meetings and events and ob-
taining of program services are a con-
dition of the ex-offender’s continued 
residency in the facility; and 
‘‘(ii) is not in default with regard to 
the ex-offender’s obligations under such 
agreement. 
‘‘(C) EX-OFFENDER SUPPORT SERVICES.—
For purposes of this section, the term ‘ex-of-
fender support services’ means services that as-
sist ex-offenders to develop skills necessary for 
life outside of the environment of a correctional 
institution, and includes—
‘‘(i) job training;
106
‘‘(ii) 
employment 
counseling 
and 
placement; 
‘‘(iii) entrepreneurial training; 
‘‘(iv) financial management training; 
‘‘(v) homeownership and rental coun-
seling; 
‘‘(vi) drug and alcohol abuse coun-
seling; 
‘‘(vii) self-esteem and peer develop-
ment assistance; 
‘‘(viii) anger management counseling;
‘‘(ix) health care services, including 
mental health services and behavioral 
counseling; 
‘‘(x) probation services; 
‘‘(xi) family and crisis management 
counseling; and 
‘‘(xii) general educational assistance 
and counseling. 
‘‘(4) LIMITATION ON TERM OF RESIDENCY.—
An ex-offender may not reside in an ex-offender resi-
dential facility at any time after the expiration of 
the 2-year period beginning upon the commencement 
of the ex-offender’s occupancy in the ex-offender res-
idential facility.
107
‘‘(h) EX-OFFENDER.—For purposes of this section, 
the term ‘ex-offender’ means any individual who has been 
convicted of a felony under State or Federal law. 
‘‘(i) ALLOCATION AND DETERMINATION OF CRED-
IT.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, rules similar to the rules of 
section 42(h) (other than subparagraphs (E) and 
(F) of paragraph (1) thereof) shall apply with re-
spect to allocating and determining any credit under 
this section. 
‘‘(2) STATE
HOUSING
CREDIT
CEILING.—For 
purposes of this section: 
‘‘(A) IN
GENERAL.—The State housing 
credit ceiling shall be calculated by substituting 
the 
amount 
determined 
under 
section 
42(h)(3)(C)(ii) with the greater of—
‘‘(i) $85,000,000 multiplied by the 
State ratio, or 
‘‘(ii) $500,000. 
‘‘(B) TERMINATION.—The State housing 
credit ceiling applicable to any State for any 
calendar year beginning after December 31, 
2007, shall be zero.
108
‘‘(C) STATE RATIO.—The State ratio for 
any State is equal to—
‘‘(i) the reported number of sentenced 
prisoners released from State or Federal 
jurisdiction in such State during the most 
recent year for which information is avail-
able, divided by 
‘‘(ii) the reported number of sen-
tenced prisoners released from State or 
Federal jurisdiction in the United States 
during the most recent year for which in-
formation is available. 
‘‘(D) REPORTED NUMBER OF SENTENCED 
PRISONERS.—The reported number of sen-
tenced prisoners is the number of such pris-
oners reported to the Attorney General by the 
National Prison Statistics Program. 
‘‘(3) INVOLVEMENT OF QUALIFIED NON-PROFIT 
ORGANIZATIONS.—For purposes of this section, sec-
tion 42(h)(5)(A) shall be applied by substituting ‘0’ 
for ‘90’. 
‘‘(j) RECAPTURE OF CREDIT.—Rules similar to the 
rules of subsections (i)(1) and (j) of section 42 shall apply 
for purposes of this section.
109
‘‘(k) APPLICATION OF AT-RISK RULES.—Rules simi-
lar to the rules of section 42(k) shall apply for purposes 
of this section. 
‘‘(l) CERTIFICATION AND OTHER REPORTS TO SEC-
RETARY.—Subject to such regulations as the Secretary 
may prescribe, rules similar to the rules of section 42(l) 
shall apply for purposes of this section. 
‘‘(m) RESPONSIBILITIES OF THE SECRETARY AND 
HOUSING CREDIT AGENCIES.—Rules similar to the rules 
of subsections (m) and (n) of section 42 shall apply for 
purposes of this section.’’. 
(b) INCLUSION AS CURRENT YEAR BUSINESS CRED-
IT.—Section 38(b) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new para-
graph: 
‘‘(13) the ex-offender low-income housing credit 
under section 45G(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by add-
ing at the end the following new item:
‘‘Sec. 45G. Ex-offender low-income housing credit.’’.
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to qualified ex-of-
fender residential buildings placed in service during tax-
able years beginning after December 31, 2002.
110
SEC. 309. ESCROW OF TENANT RENT IN CASES OF OWNER 
FAILURE 
TO 
MAINTAIN 
UNITS 
ASSISTED 
UNDER SECTION 8 RENTAL ASSISTANCE PRO-
GRAM. 
Section 8(o)(8) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(8)) is amended by adding at 
the end the following new subparagraph: 
‘‘(F) ESCROW OF TENANT RENT IN CASES 
OF OWNER FAILURE TO MAINTAIN UNIT.—Each 
housing assistance payment contract under this 
subsection shall provide as follows: 
‘‘(i) REQUIREMENT.—In any case in 
which a public housing agency suspends 
assistance payments under this subsection 
with respect to a dwelling unit because of 
a failure on the part of the owner of the 
unit to maintain the unit in compliance 
with the housing quality standards estab-
lished pursuant to this paragraph, the 
agency shall—
‘‘(I) require the tenant to sus-
pend payment to the owner of the ten-
ant’s monthly contribution toward 
rent and require the tenant to pay 
such amount into an escrow account 
established by the agency; and
111
‘‘(II) notify the tenant and the 
owner of the failure to maintain the 
unit in compliance with such housing 
quality standards and of the actions 
required under this subparagraph. 
‘‘(ii) CORRECTION
OF
NONCOMPLI-
ANCE.—If the owner corrects the non-
compliance within the period of time estab-
lished by the agency for such purpose, the 
public housing agency shall release to the 
owner any tenant payments toward rent 
deposited in the escrow account. 
‘‘(iii) FAILURE
TO
CORRECT
NON-
COMPLIANCE.—If the owner fails to correct 
the noncompliance within the period of 
time established by the agency and the ten-
ant moves from the dwelling unit because 
of such noncompliance, the public housing 
agency shall make the any tenant pay-
ments toward rent that are deposited in 
the escrow account available on behalf of 
the tenant upon such move for costs of the 
move and for rental of a new dwelling 
unit.’’.
112
SEC. 310. SENSE OF CONGRESS REGARDING LOCAL ORDI-
NANCES THAT DISADVANTAGE HOMELESS 
PERSONS. 
It is the sense of the Congress that units of general 
local government that receive grants under the community 
development block grant program under title I of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) or the HOME investments partner-
ships program under the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12721 et seq.)—
(1) should not pass ordinances or fund 
projects—
(A) that have a disparate impact on home-
less persons or that punish homeless persons 
for carrying out life-sustaining practices in pub-
lic spaces when no alternative public spaces are 
available; or 
(B) relating to curfews or runaways and 
that result in homeless youths being adju-
dicated as delinquent; and 
(2) should not pass zoning ordinances or make 
zoning decisions that have the effect of preventing 
the siting of facilities designed to serve homeless 
persons.
113
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—
(1) by striking subsection (a) and inserting the 
following new subsection:
114
‘‘(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; 
‘‘(C) an individual who is living in a car, 
park, public space, abandoned building, sub-
115
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:
116
‘‘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
117
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.
118
‘‘(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-
119
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
120
‘‘(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.
121
‘‘(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-
122
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
123
‘‘(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
124
‘‘(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—
125
‘‘(A) is between— 
‘‘(i) the recipient or a project sponsor; 
and 
‘‘(ii) an owner of a structure that ex-
ists as of the date the contract is entered 
into; and 
‘‘(B) provides that rental assistance pay-
ments shall be made to the owner and that the 
units in the structure shall be occupied by eligi-
ble persons for not less than the term of the 
contract. 
‘‘(19) PROJECT SPONSOR.—The term ‘project 
sponsor’, used with respect to proposed eligible ac-
tivities, means the organization directly responsible 
for carrying out the proposed eligible activities. 
‘‘(20) RECIPIENT.—Except as used in subtitle 
B, the term ‘recipient’ means an eligible entity 
who— 
‘‘(A) submits an application for a grant 
under section 422 that is approved by the Sec-
retary; 
‘‘(B) receives the grant directly from the 
Secretary to support approved projects de-
scribed in the application; and
126
‘‘(C)(i) serves as a project sponsor for the 
projects; or 
‘‘(ii) awards the funds to project sponsors 
to carry out the projects. 
‘‘(21) SAFE
HAVEN.—The term ‘safe haven’ 
means a facility—
‘‘(A) that provides 24-hour residence for 
an unspecified duration for persons who, on 
entry to the facility, are unwilling or unable to 
participate in mental health or substance abuse 
treatment programs, or to receive other sup-
portive services; 
‘‘(B) that provides private or semi-private 
accommodations; 
‘‘(C) that may provide for the common use 
of kitchen facilities, dining rooms, and bath-
rooms; 
‘‘(D) that may provide supportive services, 
on a drop-in basis, to eligible persons who are 
not residents; and 
‘‘(E) in which overnight occupancy is lim-
ited to no more than 25 persons. 
‘‘(22) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Housing and Urban Develop-
ment.
127
‘‘(23) SERIOUSLY MENTALLY ILL.—The term 
‘seriously mentally ill’ means having a severe and 
persistent mental illness or emotional impairment 
that seriously limits a person’s ability to live inde-
pendently. 
‘‘(24) SOLO APPLICANT.—The term ‘solo appli-
cant’ means an entity that is an eligible entity, di-
rectly submits an application for a grant under sub-
title C to the Secretary, and, if awarded such grant, 
receives such grant directly from the Secretary. 
‘‘(25) STATE.—Except as used in subtitle B, 
the term ‘State’ means each of the several States, 
the District of Columbia, the Commonwealth of 
Puerto Rico, the United States Virgin Islands, 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
‘‘(26) SUPPORTIVE SERVICES.—The term ‘sup-
portive services’ means the services described in sec-
tion 425. 
‘‘(27) 
TENANT-BASED.—The 
term 
‘tenant-
based’, used with respect to rental assistance, means 
assistance that allows an eligible person to select a 
housing unit in which such person will live using 
rental assistance provided under subtitle C, except 
that if necessary to assure that the provision of sup-
128
portive services to a person participating in a pro-
gram is feasible, a recipient or project sponsor may 
require that the person live—
‘‘(A) in a particular structure or unit for 
not more than the first year of the participa-
tion; and 
‘‘(B) within a particular geographic area 
for the full period of the participation, or the 
period remaining after the period referred to in 
subparagraph (A). 
‘‘(28) TRANSITIONAL
HOUSING.—The term 
‘transitional housing’ has the meaning given the 
term in section 424(b), and includes transitional 
supportive housing.’’. 
SEC. 412. COMMUNITY HOMELESS ASSISTANCE PLANNING 
BOARDS. 
Subtitle A of title IV of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11361 et seq.) is amended 
by inserting after section 401 (as added by section 411(3) 
of this Act) the following new section: 
‘‘SEC. 402. COMMUNITY HOMELESS ASSISTANCE PLANNING 
BOARDS. 
‘‘(a) BOARDS.—A community homeless assistance 
planning board shall be established for a geographic area 
by the relevant parties in that geographic area, or des-
129
ignated for a geographic area by the Secretary in accord-
ance with subsection (c), to lead a collaborative planning 
process to design, execute, and evaluate programs, poli-
cies, and practices to prevent and end homelessness. 
‘‘(b) MEMBERSHIP.—A community board established 
under subsection (a) shall be composed of persons—
‘‘(1) who are from a particular geographic area; 
‘‘(2) not less than 51 percent of whom are—
‘‘(A) persons who are experiencing or have 
experienced homelessness (with not fewer than 
2 persons being individuals who are experi-
encing or have experienced homelessness); 
‘‘(B) persons who act as advocates for the 
diverse subpopulations of persons experiencing 
homelessness, including advocates for homeless 
veterans, the mentally ill, the physically handi-
capped, and victims of domestic violence; 
‘‘(C) persons or representatives of organi-
zations who provide assistance to the variety of 
individuals and families experiencing homeless-
ness; or 
‘‘(D) superintendents of local educational 
agencies or their designees, such as liaisons for 
homeless children and youths designated pursu-
130
ant to section 722(g)(1)(J)(ii) (42 U.S.C. 
11432(g)(1)(J)(ii)); and 
‘‘(3) the remainder of whom are selected from 
among—
‘‘(A) government officials, particularly 
those officials responsible for administering 
funding under programs targeted for persons 
experiencing homelessness and other programs 
for which persons experiencing homelessness 
are eligible, including law enforcement officials 
responsible for persons on parole or probation; 
‘‘(B) members of the business community; 
‘‘(C) members of the religious community 
or faith-based organizations; and 
‘‘(D) members of neighborhood advocacy 
organizations. 
‘‘(c) EXISTING PLANNING BODIES.—The Secretary 
may designate an entity to be a community board if such 
entity has, prior to the date of enactment of the Bringing 
America Home Act, engaged in coordinated, comprehen-
sive local homeless housing and services planning and ap-
plied for Federal funding to provide homeless assistance. 
‘‘(d) REMEDIAL ACTION.—If the Secretary finds that 
a community board for a geographic area does not meet 
the requirements of this section, the Secretary may take
131
remedial action to ensure fair distribution of grant 
amounts under this title to eligible entities within that 
area. Such measures may include designating another 
body as a community board or permitting eligible entities 
to apply directly for grants. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to displace conflict of interest or government 
fair practices laws, or their equivalent, that govern appli-
cants for grant amounts under subtitles B and C. 
‘‘(f) DUTIES.—A community board established under 
subsection (a) shall—
‘‘(1)(A) design a collaborative process, estab-
lished jointly and complied with by its members, for 
evaluating, reviewing, and prioritizing projects and 
applications for grants under subtitles B and C sub-
mitted by eligible entities, in such a manner as to 
ensure that the entities further the goal of pre-
venting and ending homelessness in the geographic 
area involved; 
‘‘(B)(i)(I) review relevant policies and practices 
(in place and planned) of public and private entities 
in the geographic area served by the community 
board to determine if the policies and practices fur-
ther or impede the goal described in subparagraph 
(A);
132
‘‘(II) in conducting the review, give priority to 
the review of— 
‘‘(aa) the discharge planning and service 
termination policies and practices of publicly 
funded facilities or institutions (such as health 
care or treatment facilities or institutions, fos-
ter care or youth facilities, or correctional insti-
tutions), and entities carrying out publicly 
funded programs and systems of care (such as 
health care or treatment programs, State pro-
grams funded under part A of title IV of the 
Social Security Act (42 U.S.C. 601 et seq.) (re-
lating to Temporary Assistance for Needy Fam-
ilies), foster care or youth programs, or correc-
tional programs), to ensure that such a dis-
charge or termination does not result in imme-
diate homelessness for the persons involved; 
‘‘(bb) the access and utilization policies 
and practices of the entities carrying out main-
stream programs, to ensure that persons at risk 
of or experiencing homelessness are able to ac-
cess and utilize the programs; and 
‘‘(cc) local policies and practices relating to 
zoning and enforcement of local statutes, to en-
sure that the policies and practices allow rea-
133
sonable inclusion and distribution in the geo-
graphic area of special needs populations and 
families with children; and 
‘‘(III) in conducting the review, determine the 
modifications and corrective actions that need to be 
taken, and by whom, to ensure that the relevant 
policies and practices do not stimulate, or prolong, 
homelessness in the geographic area; 
‘‘(ii) inform the entities of the determinations 
described in clause (i); and 
‘‘(iii) once every 3 years, prepare for inclusion 
in any application reviewed by the community board 
and submitted to the Secretary under section 422, 
the determinations described in clause (i), in the 
form of an exhibit entitled ‘Assessment of Relevant 
Policies and Practices, and Needed Corrective Ac-
tions to End and Prevent Homelessness’; and 
‘‘(C) if the community board designs and car-
ries out the projects, design and carry out the 
projects in such a manner as to further the goal de-
scribed in subparagraph (A); 
‘‘(2) require, consistent with the Government 
Performance and Results Act of 1993 and amend-
ments made by that Act, that recipients and project 
sponsors who are funded by grants received under
134
this title implement and maintain an outcome-based 
evaluation of their projects that measures effective 
and timely delivery of housing or services and wheth-
er provision of such housing or services results in 
preventing or ending homelessness for the persons 
that such recipients and project sponsors serve; 
‘‘(3) require, consistent with the Government 
Performance and Results Act of 1993 and amend-
ments made by that Act, outcome-based evaluation 
of the community board’s homeless assistance plan-
ning process to measure the community board’s per-
formance in preventing or ending the homelessness 
of persons in the community board’s geographic 
area; and 
‘‘(4) participate in the Consolidated Plan for 
the geographic area served by the community 
board.’’
SEC. 413. TECHNICAL ASSISTANCE AND PERFORMANCE RE-
PORTS. 
Subtitle A of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11361 et seq.) is amended by insert-
ing after section 403 (as so redesignated by section 411(2) 
of this Act) the following new sections:
135
‘‘SEC. 404. TECHNICAL ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance to—
‘‘(1) States, metropolitan cities, urban counties, 
and counties that are not urban counties, that have 
not applied for, or have failed to receive, funding 
under this title, in order to implement effective plan-
ning processes for preventing and ending homeless-
ness and to improve their capacity to prepare col-
laborative applications; and 
‘‘(2) community boards or their predecessor 
homeless planning bodies in States, metropolitan cit-
ies, urban counties, and counties that are not urban 
counties, that have not applied for, or have failed to 
receive, funding under this title, in order to improve 
their capacity to prepare collaborative applications. 
‘‘(b) RESERVATION.—The Secretary shall reserve not 
more than 1 percent of the funds made available for any 
fiscal year for carrying out subtitles B and C, to provide 
technical assistance under subsection (a). 
‘‘SEC. 405. PERFORMANCE REPORTS. 
‘‘(a) IN GENERAL.—Each community board shall 
submit to the Secretary an annual performance report re-
garding the activities carried out with grant amounts re-
ceived under subtitles B and C in the geographic area
136
served by the community board, at such time and in such 
manner as the Secretary determines to be reasonable. 
‘‘(b) CONTENT.—The performance report described 
in subsection (a) shall— 
‘‘(1) describe the number of persons provided 
homelessness prevention assistance, and the number 
of individuals and families experiencing homelessness 
who were provided shelter, housing, or supportive 
services, with the grant amounts awarded in the fis-
cal year prior to the fiscal year in which the report 
was submitted, including measurements of the num-
ber of persons experiencing homelessness who—
‘‘(A) entered permanent housing, and the 
length of time such persons resided in that 
housing, if known; 
‘‘(B) entered transitional housing, and the 
length of time such persons resided in that 
housing, if known; 
‘‘(C) obtained or retained jobs; 
‘‘(D) increased their income, including in-
creasing income through the receipt of govern-
ment benefits; 
‘‘(E) received mental health or substance 
abuse treatment in an institutional setting and
137
now receive that assistance in a less restrictive, 
community-based setting; 
‘‘(F) received additional education, voca-
tional or job training, or employment assistance 
services; and 
‘‘(G) received additional physical, mental, 
or emotional health care; 
‘‘(2) estimate the number of persons experi-
encing homelessness in the geographic area served 
by the community board who are eligible for, but did 
not receive, services, housing, or other assistance 
through the programs funded under subtitles B and 
C in the prior fiscal year; 
‘‘(3) indicate the accomplishments achieved 
within the geographic area to prevent the homeless-
ness of persons discharged from publicly funded in-
stitutions or systems of care (such as health care fa-
cilities, foster care or other youth facilities or sys-
tems of care, institutions or systems of care relating 
to the temporary assistance to needy families pro-
gram established under part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.), and cor-
rections programs and institutions); and
138
‘‘(4) assess the consistency and coordination be-
tween the programs funded under subtitles B and C 
in the prior fiscal year and the Consolidated Plan. 
‘‘(c) WAIVER.—The Secretary may grant a waiver to 
any community board that is unable to provide informa-
tion required by subsection (b). Such community board 
shall submit a plan to provide such information within a 
reasonable period of time.’’. 
SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 
Subtitle A of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11361 et seq.) is amended by insert-
ing after section 406 (as so redesignated by section 411(2) 
of this Act) the following new section: 
‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
title II and this title $1,800,000,000 for fiscal year 2003 
and such sums as may be necessary for each of fiscal years 
2004, 2005, 2006, and 2007.’’. 
Subtitle B—Emergency Shelter 
Grants Program 
SEC. 421. GRANT ASSISTANCE. 
The McKinney-Vento Homeless Assistance Act is 
amended by striking section 412 (42 U.S.C. 11372) and 
inserting the following new sections:
139
‘‘SEC. 412. GRANT ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall make grants 
to States and local governments (and to private nonprofit 
organizations providing assistance to persons experiencing 
homelessness, in the case of grants made with reallocated 
amounts) for the purpose of carrying out activities de-
scribed in section 414. 
‘‘(b) COORDINATION WITH COMMUNITY BOARDS.—
An entity that receives a grant under this section and 
serves an area that includes one or more geographic areas 
(or portions of such areas) served by community boards 
that submit applications under subtitle C, shall allocate 
the funds made available through the grant to carry out 
activities described in section 414, in consultation with 
such community boards.’’. 
SEC. 422. AMOUNT AND ALLOCATION OF ASSISTANCE. 
Section 413 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11373) is amended—
(1) in subsection (b)—
(A) by striking ‘‘amounts appropriated’’ 
and all that follows through ‘‘for any’’ and in-
serting ‘‘amounts appropriated under section 
407 and made available to carry out this sub-
title for any’’; and 
(B) by striking ‘‘subsection (a)’’ and in-
serting ‘‘subsection (b)’’;
140
(2) in subsection (d)(1), by striking ‘‘subsection 
(b)’’ and inserting ‘‘subsection (c)’’; 
(3) by redesignating subsections (a) through (e) 
as subsections (b) through (f), respectively; and 
(4) by inserting before subsection (b) (as so re-
designated by paragraph (3) of this section) the fol-
lowing new subsection: 
‘‘(a) LIMITATION ON AMOUNTS USED FOR EMER-
GENCY SHELTER.—Of the amount made available to carry 
out this subtitle and subtitle C for a fiscal year, the Sec-
retary shall allocate nationally for use under this subtitle 
an aggregate amount not exceeding 15 percent of such 
total amount.’’. 
SEC. 423. ELIGIBLE ACTIVITIES. 
The McKinney-Vento Homeless Assistance Act is 
amended by striking section 414 (42 U.S.C. 11374) and 
inserting the following new section: 
‘‘SEC. 414. ELIGIBLE ACTIVITIES. 
‘‘Assistance provided under section 412 may be used 
for the following activities: 
‘‘(1) The renovation, major rehabilitation, or 
conversion of buildings to be used as emergency 
shelters. 
‘‘(2) The provision of essential services, includ-
ing services concerned with employment, health, or
141
education, family support services for homeless 
youth, alcohol or drug abuse prevention or treat-
ment, or mental health treatment, if—
‘‘(A) such essential services have not been 
provided by the local government during any 
part of the immediately preceding 12-month pe-
riod or the Secretary determines that the local 
government is in a severe financial deficit; or 
‘‘(B) the use of assistance under this sub-
title would complement the provision of those 
essential services. 
‘‘(3) Maintenance, operation, insurance, provi-
sion of utilities, and provision of furnishings. 
‘‘(4) For homelessness prevention activities.’’. 
SEC. 424. REPEALS. 
Sections 417 and 418 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11377, 11378) are hereby 
repealed. 
Subtitle C—Continuum of Care 
Program 
SEC. 431. CONTINUUM OF CARE. 
The McKinney-Vento Homeless Assistance Act is 
amended
142
(1) by striking the subtitle heading for subtitle 
C of title IV (42 U.S.C. 11381 et seq.) and inserting 
the following: 
‘‘Subtitle C—Continuum of Care 
Program’’; 
and 
(2) by striking section 422 (42 U.S.C. 11382) 
and inserting the following new section: 
‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS AND 
GRANTS. 
‘‘(a) ELIGIBLE APPLICANT.—In this section, the 
term ‘eligible applicant’ means a collaborative applicant or 
solo applicant. 
‘‘(b) PROJECTS.—The Secretary shall award grants 
to eligible applicants to carry out homeless assistance and 
prevention projects. 
‘‘(c) NOTIFICATION OF FUNDING AVAILABILITY.—
The Secretary shall release a notification of funding avail-
ability for grants awarded under this subtitle for a fiscal 
year not later than 3 months after the date of enactment 
of the appropriate Act making appropriations for the De-
partment of Housing and Urban Development for such fis-
cal year. 
‘‘(d) APPLICATIONS.—
143
‘‘(1) IN GENERAL.—To receive a grant under 
subsection (b), an eligible applicant shall submit an 
application for the grant to a community board in 
accordance with the collaborative process established 
by the board, as described in section 402, and have 
such application reviewed, approved, and prioritized 
by such community board, except that a solo appli-
cant may submit such application to the Secretary 
without participating in such process if the applicant 
includes information in such application regarding 
why the applicant has not participated. 
‘‘(2) CONTENTS.—To receive the grant, after 
receiving approval from the community board for the 
application, the eligible applicant shall submit an ap-
plication to the Secretary at such time and in such 
manner as the Secretary may require, and con-
taining—
‘‘(A) the application submitted to the com-
munity board; and 
‘‘(B) other information that, in addition to 
including the information described in sub-
sections (a) and (c) of section 426, shall—
‘‘(i) describe the establishment and 
function of the community board, includ-
ing—
144
‘‘(I) the nomination and selection 
process for such board, including the 
names and affiliations of all such 
board members; 
‘‘(II) all meetings held by such 
board in preparing the collaborative 
application, including identification of 
those meetings that were public; and 
‘‘(III) all meetings between board 
representatives, and persons respon-
sible for administering the consoli-
dated plan; 
‘‘(ii) outline the range of housing and 
service programs available to persons expe-
riencing homelessness or imminently at 
risk of experiencing homelessness and de-
scribe the unmet needs that remain in the 
geographic area for which the collaborative 
applicant seeks funding regarding—
‘‘(I) prevention activities, includ-
ing providing assistance in—
‘‘(aa) 
making 
mortgage, 
rent, or utility payments; or 
‘‘(bb) accessing permanent 
housing and transitional housing
145
for individuals (and families that 
include the individuals) who are 
being discharged from a publicly 
funded facility, program, or sys-
tem of care, or whose services 
(from such a facility, program, or 
system of care) are being termi-
nated, including discharge from a 
foster care program; 
‘‘(II) outreach activities to assess 
the needs and conditions of persons 
experiencing homelessness; 
‘‘(III) emergency shelters, includ-
ing the supportive and referral serv-
ices the shelters provide; 
‘‘(IV) transitional housing with, 
as needed, appropriate supportive 
services to help persons experiencing 
homelessness who are not yet able or 
prepared to make the transition to 
permanent housing and independent 
living; 
‘‘(V) permanent housing to help 
meet the long-term needs of individ-
147
grams identified by the General Account-
ing Office in the February 1999 report en-
titled ‘Homelessness: Coordination and 
Evaluation of Programs Are Essential’; 
‘‘(vi) explain—
‘‘(I) how the collaborative appli-
cant will meet the housing and service 
needs of individuals and families expe-
riencing homelessness in the appli-
cant’s community; and 
‘‘(II) the strategy of the State, 
units of general local government, and 
private entities in the geographic area 
over the next 5 years to prevent and 
end homelessness, including, as part 
of that strategy, a work plan for the 
applicable fiscal years; 
‘‘(vii) report on the outcome-based 
performance of the homeless programs 
within the geographic area served by the 
collaborative applicant that were funded 
under this title in the fiscal year prior to 
the fiscal year in which the application is 
submitted;
148
‘‘(viii) include any relevant required 
agreements under this subtitle; 
‘‘(ix) contain a certification of consist-
ency with the consolidated plan pursuant 
to section 403; 
‘‘(x) contain a certification that the 
applicable States and units of general local 
government are not penalizing homeless in-
dividuals and families—
‘‘(I) through laws, ordinances, or 
policies based upon their status as 
homeless; or 
‘‘(II) by using zoning laws, ordi-
nances, or policies to prevent the 
siting of facilities designed to serve 
the homeless; 
‘‘(xi) contain such certifications and 
assurances as the Secretary, in consulta-
tion with the Secretary of Education, con-
siders appropriate to ensure that—
‘‘(I) the applicable States and 
State and local educational agencies 
agree to comply with the requirements 
applicable to such States and agencies 
that receive grants under subtitle B of
149
title VII of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 
11431 et seq.); and 
‘‘(II) the strategy referred to in 
clause (vi)(II) will take the edu-
cational needs of children into account 
when families are placed in emergency 
or transitional shelter and will, to the 
maximum extent practicable, place 
families with children as close to pos-
sible to their school of origin so as not 
to disrupt such children’s education; 
and 
‘‘(xii)(I) in the case of a collaborative 
applicant, include an exhibit described in 
section 402(f)(1)(B)(iii) and prepared by 
the community board in accordance with 
that section; or 
‘‘(II) in the case of a solo applicant, 
include an exhibit described in section 
402(f)(1)(B)(iii) and prepared by the ap-
plicant. 
‘‘(3) ANNOUNCEMENT OF AWARDS.—The Sec-
retary shall announce, not later than 5 months after 
the last date for the submission of applications de-
150
scribed in this subsection for a fiscal year, the 
grants awarded under subsection (b) for that fiscal 
year. 
‘‘(4) OBLIGATION, DISTRIBUTION, AND UTILIZA-
TION OF FUNDS.—
‘‘(A) REQUIREMENTS FOR OBLIGATION.—
‘‘(i) IN GENERAL.—Not later than 9 
months after the announcement referred to 
in paragraph (3), each recipient or project 
sponsor seeking the obligation of funds for 
a grant announced under paragraph (3) 
shall meet all requirements for the obliga-
tion of those funds, including site control, 
matching funds, and environmental review 
requirements, except as provided in clause 
(ii). 
‘‘(ii) ACQUISITION, REHABILITATION, 
OR
CONSTRUCTION.—Not later than 15 
months after the announcement referred to 
in paragraph (3), each recipient or project 
sponsor seeking the obligation of funds for 
acquisition of housing, rehabilitation of 
housing, or construction of new housing 
for a grant announced under paragraph 
(3) shall meet all requirements for the obli-
151
gation of those funds, including site con-
trol, matching funds, and environmental 
review requirements. 
‘‘(iii) EXTENSIONS.—At the discretion 
of the Secretary, and in compelling cir-
cumstances, the Secretary may extend the 
date by which a recipient or project spon-
sor shall meet the requirements described 
in clause (i) if the Secretary determines 
that compliance with the requirements was 
delayed due to factors beyond the reason-
able control of the recipient or project 
sponsor. Such factors may include difficul-
ties in obtaining site control for a proposed 
project, completing the process of obtain-
ing secure financing for the project, or 
completing the technical submission re-
quirements for the project. 
‘‘(B) OBLIGATION.—Not later than 45 
days after a recipient or project sponsor meets 
the requirements described in subparagraph 
(A)(i), the Secretary shall obligate the funds for 
the grant involved. 
‘‘(C) DISTRIBUTION.—A recipient that re-
ceives funds through such a grant—
152
‘‘(i) shall distribute the funds to 
project sponsors (in advance of expendi-
tures by the project sponsors); and 
‘‘(ii) shall distribute the appropriate 
portion of the funds to a project sponsor 
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 extent to which prioritized programs 
meet unmet needs; 
‘‘(4) the capacity of the geographic area to le-
verage funding from other public and private 
sources;
154
‘‘(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; 
‘‘(10) 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 
criminalizing homelessness, and have established 
procedures to document abuses of such civil rights; 
and 
‘‘(11) 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
155
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 
‘‘(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
156
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 
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.
157
‘‘(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 Bringing America 
Home Act, the Secretary shall establish a timely ap-
peal procedure for grant amounts awarded or denied 
under this subtitle pursuant to a collaborative appli-
cation or solo application for funding. 
‘‘(2) PROCESS.—The Secretary shall ensure 
that the procedure permits appeals submitted by 
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
158
the criteria described in subsection (e). The Secretary may 
award such grants directly to such applicants in a manner 
determined to be appropriate by the Secretary.’’. 
SEC. 432. 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 
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-
159
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.—
‘‘(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.