I 
108TH CONGRESS 
1ST SESSION H. R. 2897
To end homelessness in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2003
Ms. CARSON of Indiana (for herself, Mr. CONYERS, Mr. KUCINICH, Ms. LEE, 
Mr. GUTIERREZ, Ms. CORRINE BROWN of Florida, Mr. CUMMINGS, Ms. 
JACKSON-LEE of Texas, Mr. OWENS, Ms. MILLENDER-MCDONALD, Mr. 
MCGOVERN, Mr. SANDERS, Mr. WEXLER, Mr. GRIJALVA, Ms. WOOLSEY, 
Mr. REYES, Ms. SCHAKOWSKY, Mr. RANGEL, Ms. MAJETTE, Ms. 
SLAUGHTER, Mr. THOMPSON of Mississippi, Mr. EVANS, Mr. PAYNE, Mr. 
MCDERMOTT, Mr. CAPUANO, Mr. WEINER, Ms. MCCOLLUM, and Mr. 
EMANUEL) introduced the following bill; which was referred to the Com-
mittee on Financial Services, and in addition to the Committees on Agri-
culture, Energy and Commerce, Education and the Workforce, Govern-
ment Reform, Veterans’ Affairs, and Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To end homelessness in the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Bringing America Home Act’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title and table of contents. 
Sec. 2. Findings and purpose. 
TITLE I—RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT 
Sec. 101. Recognition by societies, faiths, and organizations. 
Sec. 102. Establishment of goal to end homelessness. 
TITLE II—HOUSING SECURITY 
Sec. 201. Congressional findings. 
Subtitle A—Authorizations of Appropriations for Housing Programs 
Sec. 221. National Affordable Housing Trust Fund. 
Sec. 222. Incremental rental assistance for 1,500,000 families. 
Sec. 223. Funding for HUD housing programs. 
Sec. 224. HUD rural housing and economic development program. 
Sec. 225. Rural housing programs. 
Sec. 226. Department of Veterans Affairs homeless comprehensive services pro-
grams. 
Sec. 227. Sense of Congress regarding appropriations for transitional housing 
assistance under Violence Against Women Act of 2000. 
Subtitle B—Federal Homelessness to Housing Mutual Mortgage Association 
Sec. 231. Short title and statement of purpose. 
Sec. 232. Establishment. 
Sec. 233. Powers and authorities. 
Sec. 234. Mutual housing operations. 
Sec. 235. Financing. 
Sec. 236. Relationship with other programs. 
Sec. 237. Oversight. 
Sec. 238. Protection of name. 
Sec. 239. Definitions. 
Sec. 240. Territorial applicability. 
Subtitle C—Use of Federal Surplus Property to Assist the Homeless 
Sec. 271. Use of Federal surplus property to assist the homeless. 
TITLE III—HOMELESS INTERVENTION AND PREVENTION 
Sec. 301. Preservation of public housing dwelling units under HOPE VI. 
Sec. 302. Right to new units of individuals and families displaced by HOPE VI 
projects. 
Sec. 303. Policies regarding homeless individuals and families in federally fund-
ed facilities. 
Sec. 304. Establishment of Emergency Rent Relief Fund. 
Sec. 305. Income exemptions. 
Sec. 306. Post office box and general delivery service for persons with no fixed 
address. 
Sec. 307. Grants to public housing police forces. 
Sec. 308. Temporary ex-offender low-income housing credit.
Sec. 309. Escrow of tenant rent in cases of owner failure to maintain units as-
sisted under section 8 rental assistance program. 
Sec. 310. Sense of Congress regarding local ordinances that disadvantage 
homeless persons. 
TITLE IV—ASSISTANCE UNDER MCKINNEY-VENTO HOMELESS 
ASSISTANCE ACT 
Sec. 401. Congressional purposes. 
Sec. 402. Definition of homeless individual. 
Subtitle A—Housing Assistance General Provisions 
Sec. 411. Definitions. 
Sec. 412. Community homeless assistance planning boards. 
Sec. 413. Technical assistance and performance reports. 
Sec. 414. Authorization of appropriations. 
Subtitle B—Emergency Shelter Grants Program 
Sec. 421. Grant assistance. 
Sec. 422. Amount and allocation of assistance. 
Sec. 423. Eligible activities. 
Sec. 424. Repeals. 
Subtitle C—Continuum of Care Program 
Sec. 431. Continuum of care. 
Sec. 432. Eligible activities. 
Sec. 433. Program requirements. 
Sec. 434. Allocation amounts and funding. 
Subtitle D—Repeals and Conforming Amendments 
Sec. 441. Repeals. 
Sec. 442. Conforming amendments. 
Sec. 443. Amendment to table of contents. 
TITLE V—PRESERVATION OF RESOURCES 
Sec. 501. Governors, mayors, cities, and counties housing advisory committees. 
Sec. 502. Mortgage interest deduction limited to $300,000 of debt on 1 home; 
repeal of deduction for home equity indebtedness; repeal of ex-
clusion of gain on sale of principal residence. 
TITLE VI—HEALTH SECURITY 
Subtitle A—General Provisions 
Sec. 601. Findings; sense of Congress. 
Sec. 602. Sense of Congress regarding Medicaid expansion. 
Sec. 603. Authorizations of appropriations for certain programs. 
Subtitle B—Substance Abuse and Mental Health Services Administration 
PART 1—MAINSTREAM ADDICTION AND MENTAL HEALTH SERVICES 
PROGRAMS
SUBPART A—DISCHARGE PLANNING 
Sec. 611. Averting patient discharge into homelessness. 
SUBPART B—PROVISION OF APPROPRIATE SERVICES 
Sec. 616. Application of knowledge development findings to service delivery. 
SUBPART C—GRANTEE PLANNING, REPORTING, AND CAPACITY-BUILDING 
Sec. 621. Expansion of participation in grantee planning. 
Sec. 622. Documentation of needs of and establishing priorities for homeless 
population. 
SUBPART D—DESIGNATION OF PERSONS EXPERIENCING HOMELESSNESS AS 
PRIORITY POPULATION 
Sec. 626. Requiring grantees to direct funds to persons experiencing homeless-
ness. 
Sec. 627. Prioritization of services for runaway, homeless, and street youth. 
Sec. 628. Definition of runaway, homeless, and street youth as high risk. 
SUBPART E—FEDERAL PROGRAM MANAGEMENT 
Sec. 631. Establishment of Federal plan on addiction, mental illness, and 
homelessness. 
PART 2—TARGETED HOMELESS ADDICTION AND MENTAL HEALTH SERVICES 
PROGRAMS 
SUBPART A—REAUTHORIZE, RENAME, AND STRENGTHEN THE GRANTS FOR 
THE BENEFIT OF HOMELESS INDIVIDUALS PROGRAM 
Sec. 641. Treatment and recovery initiative for persons experiencing homeless-
ness. 
SUBPART B—REAUTHORIZE AND STRENGTHEN THE PROJECTS FOR 
ASSISTANCE IN TRANSITION FROM HOMELESSNESS (PATH) PROGRAM 
Sec. 651. Expansion of required scope of services of PATH providers. 
Sec. 652. Encouragement of States to utilize health care for the homeless 
projects as PATH providers. 
Sec. 653. State descriptions of resource allocation process. 
Sec. 654. Federal report on PATH and homeless grant programs. 
Sec. 655. Clarification of target populations provision of PATH statute. 
Subtitle C—Amendments Regarding Ryan White Comprehensive AIDS 
Resources Emergency Act of 1990
PART 1—DISCHARGE PLANNING 
Sec. 661. Averting RWCA patient discharge into homelessness. 
PART 2—PROVISION OF APPROPRIATE SERVICES 
Sec. 666. Amplification of scope of RWCA services. 
Sec. 667. Application of knowledge development findings to service delivery. 
PART 3—GRANTEE PLANNING, REPORTING, AND CAPACITY BUILDING 
Sec. 671. Expansion of participation in grantee and contractor planning.
Sec. 672. Development of knowledge to strengthen providers’ capacity to offer 
homeless-competent services. 
PART 4—DESIGNATION OF HOMELESS PERSONS AS PRIORITY POPULATION 
Sec. 676. Priority for persons experiencing homelessness.
PART 5—FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS 
Sec. 681. Federal plan on HIV/AIDS and homelessness. 
TITLE VII—ECONOMIC SECURITY 
Sec. 701. Sense of Congress regarding right to a living income. 
Sec. 702. Authorization of appropriations for homeless veterans reintegration 
program. 
Sec. 703. Availability of food stamp benefits to individuals who are homeless. 
Sec. 704. Amendments to Workforce Investment Act. 
Sec. 705. Homebuild program for affordable housing construction and appren-
ticeship. 
Sec. 706. Department of Labor apprenticeship program for working people ex-
periencing homelessness. 
Sec. 707. Day laborer fairness and protection. 
Sec. 708. Social Security Administration outreach to homeless persons.
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds that—
(1) lack of affordable housing results in home-
lessness; 
(2) lack of consumer protections result in home-
lessness; 
(3) lack of access to health care results in 
homelessness; 
(4) lack of employment and wages commensu-
rate with those in the local market results in home-
lessness; 
(5) lack of education results in homelessness; 
(6) homelessness offends the conscience of our 
Nation;
(7) according to the United States Department 
of Housing and Urban Development, 4,900,000 
households experience ‘‘worst-case’’ housing needs; 
(8) as of the date of the introduction of this 
bill, in no town, city, or State in our Nation can an 
individual or family working full time at minimum 
wage, or receiving assistance under the Supple-
mental Security Income program or under the pro-
gram for Temporary Assistance for Needy Families, 
afford a one- or two-bedroom apartment at the fair 
market rental rate established by the Department of 
Housing and Urban Development; 
(9) the Millennial Housing Commission re-
ported that 28,000,000 households in the United 
States spent more than 30 percent their income on 
housing, and one in eight low-income working fami-
lies earning minimum wage have to spend more than 
half their income on housing; 
(10) 42 percent of adults residing in homeless 
shelters across the United States are working; 
(11) 24 percent of clients of homeless shelters 
report they have needed medical attention in the 
past year but were unable to get it and 46 percent 
of such clients could not get access to a dentist when 
one was needed;
(12) 55 percent of people experiencing home-
lessness in the United States have neither public nor 
private health insurance; 
(13) of the homeless individuals who suffer 
mental illness, it is estimated that only 5 to 7 per-
cent require some form of institutionalization and 
the rest could live productively with proper assist-
ance; 
(14) millions of Americans can not find work 
that pays a livable wage or can not find work at all 
and, therefore, cannot afford housing at market rent 
levels; 
(15) lack of affordable housing near job oppor-
tunities makes it difficult for poor parents to find 
and retain employment; 
(16) families without stable housing typically 
have to move often, making job retention difficult 
and forcing their children to change schools fre-
quently; 
(17) at least 3,500,000 persons are likely to ex-
perience homelessness during a year in the United 
States, 39 percent of which are children; and 
(18) in its ‘‘Status Report on Hunger and 
Homelessness in America’s Cities’’, the United 
States Conference of Mayors reports that requests
(2) the exercise of such rights is contingent 
upon the fulfillment of basic needs crucial for the 
proper development of human life: food, clothing, 
shelter, medical care, work, and rest; and 
(3) it is a National goal to act in concord with 
the aforementioned rights and fulfill the basic 
human need of shelter by ending homelessness in the 
United States and to provide the security of a home 
to people in cases of sickness, inability to work, old 
age, unemployment, and in any other case in which 
one is deprived of the means of subsistence. 
TITLE II—HOUSING SECURITY 
SEC. 201. CONGRESSIONAL FINDINGS. 
The Congress finds that—
(1) a rapid decrease in the availability of af-
fordable housing has led to an increase in homeless-
ness in recent years, even for working families; 
(2) high market-rate housing costs have left 
many families with little, if any, income to pay addi-
tional employment-related expenses such as trans-
portation, child care, or clothing; and 
(3) each year 90,000 affordable housing units 
are lost due to demolition or sale of public housing 
and housing assisted with project-based rental as-
sistance under section 8 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f). 
Subtitle A—Authorizations of Ap-
propriations for Housing Pro-
grams
SEC. 221. NATIONAL AFFORDABLE HOUSING TRUST FUND. 
(a) IN GENERAL.—Title II of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12721 et 
seq.) is amended by adding at the end the following new 
subtitle: 
‘‘Subtitle G—National Affordable 
Housing Trust Fund 
‘‘SEC. 291. PURPOSES. 
‘‘The purposes of this subtitle are—
‘‘(1) to fill the growing gap in the national abil-
ity to build affordable housing by using profits gen-
erated by Federal housing programs to fund addi-
tional housing activities, without supplanting exist-
ing housing appropriations; 
‘‘(2) to enable rental housing to be built, for 
families with the greatest economic need, in mixed-
income settings and in areas with the greatest eco-
nomic opportunities; 
‘‘(3) to promote homeownership for low-income 
families; and
‘‘(4) to produce, rehabilitate, and preserve at 
least 1,500,000 affordable dwelling units over the 
next decade. 
‘‘SEC. 292. TRUST FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the National Affordable Housing Trust Fund, which 
shall be available as provided in this subtitle for assisting 
the development, rehabilitation, and preservation of af-
fordable housing. 
‘‘(b) DEPOSITS TO TRUST FUND.—For fiscal year 
2004 and each fiscal year thereafter, there shall be appro-
priated to the Trust Fund an amount equal to the sum 
of—
‘‘(1) the amount by which the balance in the 
Mutual Mortgage Insurance Fund established under 
section 202(a) of the National Housing Act (12 
U.S.C. 1708(a)), at the conclusion of the preceding 
fiscal year, exceeds the amount necessary for such 
Fund to maintain the capital ratio required under 
section 205(f) of such Act (12 U.S.C. 1711(f)); and 
‘‘(2) the amount by which any amounts col-
lected or received by the Government National Mort-
gage Association during the preceding fiscal year ex-
ceeds the amount necessary to pay the administra-
tive costs and expenses necessary to ensure the safe-
ty and soundness of the Government National Mort-
gage Association, as determined by the Secretary. 
‘‘(c) EXPENDITURES FROM TRUST FUND.—For fis-
cal year 2004 and each fiscal year thereafter, amounts ap-
propriated to the Trust Fund for each such fiscal year 
shall be available to the Secretary of Housing and Urban 
Development for providing assistance under this subtitle. 
‘‘SEC. 293. ALLOCATIONS FOR STATES AND PARTICIPATING 
LOCAL JURISDICTIONS. 
‘‘The Secretary shall use the total amount made 
available under section 292(c) to the Secretary from the 
Trust Fund for such fiscal year to provide assistance 
under this subtitle for the States and participating local 
jurisdictions. Of such total amount, the Secretary shall al-
locate 40 percent for States for use under section 294 and 
60 percent for participating local jurisdictions for use 
under section 294. 
‘‘SEC. 294. ASSISTANCE FROM TRUST FUND. 
‘‘(a) AFFORDABLE HOUSING NEEDS FORMULA.—
The Secretary shall establish a formula to allocate assist-
ance under this subtitle among eligible recipients based 
on the relative need of the eligible recipient, among other 
eligible recipients that are States or participating local ju-
risdictions, as appropriate, to increase the supply of decent
quality affordable housing. The formula shall be based 
upon a comparison of the following factors for each eligible 
recipient: 
‘‘(1) The percentage of families in the jurisdic-
tion of the eligible recipient that live in substandard 
housing. 
‘‘(2) The percentage of families in the jurisdic-
tion of the eligible recipient that pay more than 50 
percent of their annual income for housing costs. 
‘‘(3) The percentage of persons in the jurisdic-
tion of the eligible recipient having an income at or 
below the poverty line. 
‘‘(4) The cost of developing or carrying out re-
habilitation of housing in the jurisdiction of the eli-
gible recipient. 
‘‘(5) In the case of an eligible recipient that is 
a State, the percentage of the population of the eligi-
ble recipient that resides in counties having ex-
tremely low vacancy rates. 
‘‘(6) The percentage of housing stock in the ju-
risdiction of the eligible recipient that is extremely 
old housing. 
‘‘(7) Any other factors that the Secretary deter-
mines to be appropriate. 
‘‘(b) FORMULA AMOUNT.—
‘‘(1) IN GENERAL.—For fiscal year 2004 and 
each fiscal year thereafter, the Secretary shall deter-
mine the formula amount under this subsection for 
each eligible recipient. 
‘‘(2) STATES.—The formula amount for each 
State shall be the amount determined for such State 
by applying the formula under subsection (a) to the 
total amount allocated under section 293 for all 
States for the fiscal year. 
‘‘(3) PARTICIPATING LOCAL JURISDICTIONS.—
The formula amount for each participating local ju-
risdiction shall be the amount determined for such 
participating local jurisdiction by applying the for-
mula under subsection (a) to the total amount allo-
cated under section 293 for all participating local ju-
risdictions for the fiscal year. 
‘‘(c) ALLOCATION AMOUNT.—The allocation under 
this subsection for a State or local participating jurisdic-
tion for a fiscal year shall be determined as follows: 
‘‘(1) STATES.—In the case of a State: 
‘‘(A) MINIMUM AMOUNT.—If the formula 
amount determined under subsection (b) for the 
State for the fiscal year is less than 1 percent 
of the total amount made available under sec-
tion 292(c) for such fiscal year, the allocation 
for the State shall be 1 percent of such amount. 
‘‘(B) FORMULA AMOUNT.—If the formula 
amount determined under subsection (b) for the 
State for the fiscal year is 1 percent or more 
of the total amount made available under sec-
tion 292(c) for such fiscal year, the allocation 
for the State shall be the formula amount for 
the State, except that the Secretary shall re-
duce such formula amounts for all States whose 
allocations are determined under this paragraph 
on a pro rata basis by the amount necessary to 
account for any increases from the formula 
amount for allocations made under paragraph 
(1) of this subsection so that the total of the al-
locations for all States is equal to the amount 
of the allocation under section 293 for States. 
‘‘(2) PARTICIPATING LOCAL JURISDICTIONS.—
The allocation for each eligible participating local ju-
risdiction shall be the formula amount for the eligi-
ble jurisdiction determined under subsection (b). 
‘‘(d) GRANT AWARDS.—For fiscal year 2004 and 
each fiscal year thereafter, using the amounts made avail-
able to the Secretary from the Trust Fund for such fiscal 
year under section 292(c), the Secretary shall make a
grant to each eligible recipient in the lesser of the fol-
lowing amounts: 
‘‘(1) FULL ALLOCATION.—The amount of the 
allocation under subsection (c) for the eligible recipi-
ent. 
‘‘(2) 4 TIMES MATCHING CONTRIBUTION.—The 
amount that is equal to 4 times the amount of funds 
provided in cash, in-kind contributions, or other eli-
gible amounts by the eligible recipient from non-
Federal sources for use only as provided in sub-
section (e)(2). 
‘‘(e) MATCHING CONTRIBUTION.—
‘‘(1) ELIGIBLE
AMOUNTS.—For purposes of 
subsection (d)(2), only the following amounts shall 
be considered other eligible amounts from non-Fed-
eral sources: 
‘‘(A) LOW-INCOME
HOUSING
TAX
CRED-
ITS.—50 percent of funds allocable to tax cred-
its allocated under section 42 of the Internal 
Revenue Code of 1986.
‘‘(B) MORTGAGE
BOND
REVENUE.—50 
percent of revenue from mortgage revenue 
bonds issued under section 143 of such Code.
‘‘(C) TAX EXEMPT BONDS PROCEEDS.—50 
percent of proceeds from the sale of tax exempt 
bonds.
‘‘(D) CDBG PROGRAM AMOUNTS.—50 per-
cent of grant amounts received under the com-
munity development block grant program under 
title I of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5301 et seq.). 
‘‘(E) HOME 
PROGRAM
AMOUNTS.—50 
percent of funds received under the HOME in-
vestment partnerships program under subtitles 
A through F of this title. 
‘‘(F) PROJECT-BASED
VOUCHER
ASSIST-
ANCE.—50 percent of funds used each year 
pursuant to paragraph (13) of section 8(o) of 
the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(13)) for the duration of the 
applicable housing assistance payments con-
tract. 
‘‘(G) TEMPORARY ASSISTANCE FOR NEEDY 
FAMILIES.—Federal, State, and local funds pro-
vided under part A of title IV of the Social Se-
curity Act (42 U.S.C. 601 et seq.).
‘‘(H) RURAL
HOUSING
ASSISTANCE.—50 
percent of amounts received under title V of the 
Housing Act of 1949 (42 U.S.C. 1471 et seq.). 
‘‘(I) VETERANS
ADMINISTRATION
HOME-
LESS PROVIDERS GRANT AND PER DIEM PRO-
GRAM.—50 percent of amounts received under 
the comprehensive service programs for home-
less veterans under subchapter II of chapter 20 
of title 38, United States Code (including pro-
viders grants under section 2011 of such sub-
chapter and per diem under section 2012 of 
such subchapter). 
‘‘(J) GENERAL
STATE
REVENUE.—Any 
other State or unit of general local government 
revenue that is not derived from Federal 
sources, including any State tax revenue. 
‘‘(2) USE
OF
MATCHING
AMOUNTS.—Use of 
amounts as provided in this paragraph shall be used 
only for—
‘‘(A) eligible activities relating to afford-
able housing; or 
‘‘(B) eligible activities relating to a project 
not less than 50 percent of the dwelling units 
of which qualify as affordable housing.
‘‘(3) CERTIFICATION.—The Secretary shall re-
quire eligible recipients to certify to the Secretary 
the amount of funds from non-Federal sources pro-
vided for purposes of subsection (d)(2). 
‘‘(f) GRANTS FOR INELIGIBLE RECIPIENTS AND RE-
CIPIENTS WITH INSUFFICIENT MATCHING CONTRIBU-
TIONS.—
‘‘(1) AVAILABLE AMOUNTS.—For a fiscal year, 
the following amounts shall be available for grants 
under this subsection: 
‘‘(A) ALLOCATION
FOR
INELIGIBLE
RE-
CIPIENT.—With respect to each ineligible recipi-
ent, the amount of the allocation for the State 
or participating local jurisdiction for such fiscal 
year determined under subsection (c). 
‘‘(B) UNMATCHED
PORTION
OF
ALLOCA-
TION.—With respect to any eligible recipient for 
which the amount of the grant assistance for 
such fiscal year is determined under subsection 
(d)(2), the amount by which the allocation de-
termined under subsection (c) for the eligible 
recipient for the fiscal year exceeds the grant 
assistance for the eligible recipient for the fiscal 
year.
‘‘(2) NOTICE.—For each fiscal year, not later 
than 60 days after the date that the Secretary deter-
mines that the amounts described in paragraph (1) 
shall be available for grants under this subsection, 
the Secretary shall cause to be published in the Fed-
eral Register a notice that such amounts shall be so 
available. 
‘‘(3) APPLICATIONS.—The Secretary shall pro-
vide for nonprofit and public entities (and consortia 
thereof, which may include units of local government 
working together on a regional basis) to submit ap-
plications, during the 9-month period beginning 
upon publication of a notice of funding availability 
under paragraph (2), for a grant of all or a portion 
of the amounts referred to in paragraph (1). Such 
an application shall include—
‘‘(A) a certification that the applicant will 
provide supplemental amounts in accordance 
with paragraph (5)(B)(i); and 
‘‘(B) an allocation plan described in para-
graph (5)(B)(ii). 
‘‘(4) SELECTION
CRITERIA.—The Secretary 
shall, by regulation, establish criteria for selecting 
applicants that meet the requirements of paragraph 
(3) for funding under this subsection. Such criteria
shall give priority to applications that provide that 
grant amounts under this subsection will be used for 
eligible activities relating to affordable housing that 
is located in the State for which such grant funds 
were originally allocated under subsection (c). 
‘‘(5) AWARD
AND
USE
OF
GRANT
ASSIST-
ANCE.—
‘‘(A) AWARD OF GRANTS.—Subject only to 
the absence of applications meeting the require-
ments of paragraph (3), upon the expiration of 
the period referred to in such paragraph, the 
Secretary shall select an applicant or applicants 
under this subsection to receive the amounts 
available under paragraph (1) and shall make a 
grant or grants to such applicant or applicants. 
The selection shall be based upon the criteria 
established under paragraph (4). 
‘‘(B) GRANT REQUIREMENTS.—Grant as-
sistance under this subsection shall be subject 
to the following requirements:
‘‘(i) 
MATCHING
AMOUNTS.—The 
grantee 
shall 
supplement 
any 
grant 
amounts received under this subsection 
with an amount equal to 25 percent of 
such grant amounts.
‘‘(ii) USE.—Grant amounts received 
under this subsection shall be used in ac-
cordance with an allocation plan that 
meets the requirements of section 295(e) 
and provides that any assistance provided 
to the applicant under this subsection, and 
any supplemental amounts provided by the 
applicant pursuant to clause (i), shall be 
used only to carry out eligible activities. 
‘‘SEC. 295. USE OF ASSISTANCE BY RECIPIENTS. 
‘‘(a) DISTRIBUTION TO ELIGIBLE ENTITIES.—Each 
eligible recipient that receives a grant under this subtitle 
shall distribute the grant amounts (excluding any amounts 
used under subsection (b)) to eligible entities for use by 
such entities only for eligible activities in the jurisdiction 
of the eligible recipient, as follows: 
‘‘(1) USE
FOR
RENTAL
HOUSING
FOR
EX-
TREMELY LOW-INCOME FAMILIES.—Not less than 45 
percent of such amounts shall be distributed for use 
only for eligible activities relating to affordable hous-
ing in the jurisdiction of the eligible recipient that 
is available for rental by families (as such term is 
defined in section 3(b) of the United States Housing 
Act of 1937 (42 U.S.C. 1437a(b))) whose incomes 
do not exceed 30 percent of the greater of—
‘‘(A) the median family income for the 
area in which the housing is located, as deter-
mined by the Secretary with adjustments for 
smaller and larger families; and 
‘‘(B) the median family income for the 
State in which the housing is located, as deter-
mined by the Secretary with adjustments for 
smaller and larger families. 
Such rental housing shall include limited equity co-
operative housing, as such term is defined in section 
143(k) of the Internal Revenue Code of 1986 (26 
U.S.C 143(k)). 
‘‘(2) USE FOR RENTAL HOUSING FOR MINIMUM 
WAGE-INCOME FAMILIES.—Not less than 30 percent 
of such amounts shall be distributed for use only for 
eligible activities relating to affordable housing in 
the jurisdiction of the eligible recipient that is avail-
able for rental by families (as such term is defined 
in section 3(b) of the United States Housing Act of 
1937 (42 U.S.C. 1437a(b))) whose incomes do not 
exceed the amount earned by one individual who is 
employed on a full-time basis in a position that pays 
the greater of—
‘‘(A) the Federal minimum wage under 
section 6(a)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(a)(1)); and 
‘‘(B) the minimum wage under the laws of 
the State in which the housing is located. 
Such rental housing shall include limited equity co-
operative housing, as such term is defined in section 
143(k) of the Internal Revenue Code of 1986 (26 
U.S.C 143(k)). 
‘‘(3) USE
FOR
RENTAL
HOUSING
OR
HOME-
OWNERSHIP
ASSISTANCE
FOR
LOW-INCOME
FAMI-
LIES.—Not more than 25 percent of such amounts 
shall be distributed for use only for eligible activities 
relating to affordable housing in the jurisdiction of 
the eligible recipient that is available for rental by 
families (as such term is defined in section 3(b) of 
the United States Housing Act of 1937 (42 U.S.C. 
1437a(b))) whose incomes do not exceed 80 percent 
of the greater of—
‘‘(A) the median family income for the 
area in which the housing is located, as deter-
mined by the Secretary with adjustments for 
smaller and larger families, and 
‘‘(B) the median family income for the 
State in which the housing is located, as deter-
mined by the Secretary with adjustments for 
smaller and larger families, 
or for homeownership assistance for such families in 
the jurisdiction of the eligible recipient. Such rental 
housing and homes for homeownership shall include 
housing of a cooperative housing corporation, as 
such term is defined in section 216(b) of the Inter-
nal Revenue Code of 1986 (26 U.S.C 216(b)). 
‘‘(b) OPERATING
ASSISTANCE
FOR
NONPROFIT 
HOUSING DEVELOPMENT ORGANIZATIONS.—An eligible 
entity that receives a grant under this subtitle may use 
not more than 5 percent of such grant amounts to provide 
assistance to nonprofit organizations involved in the devel-
opment, rehabilitation, or preservation of affordable rental 
housing for payment of operating costs of such organiza-
tions. Such nonprofit organizations shall include commu-
nity housing development organizations (as such term is 
defined in section 104 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12704)), community 
development financial institutions (as such term is defined 
in section 103 of the Community Development Banking 
and Financial Institutions Act of 1994 (12 U.S.C. 4702)), 
community development corporations (as such term is de-
fined in section 31131 of the National Community Eco-
nomic Partnership Act of 1994 (42 U.S.C. 13851)), and 
community-based development organizations. 
‘‘(c) COST LIMITS.—The Secretary shall establish 
limitations on the amount of grant amounts that may be 
used, on a per unit basis, for eligible activities. Such limi-
tations shall be the same as the per unit cost limits estab-
lished pursuant to section 212(e) of the Cranston-Gon-
zalez National Affordable Housing Act (42 U.S.C. 
12742(e)), as adjusted annually, and established by num-
ber of bedrooms, market area, and eligible activity. 
‘‘(d) ELIGIBLE RECIPIENTS.—With respect to a fis-
cal year, a State or participating local jurisdiction shall 
be an eligible recipient for purposes of this subtitle for 
such fiscal year only if the State or participating local ju-
risdiction has established an allocation plan that has been 
submitted to the Secretary and reviewed and approved by 
the Secretary as in accordance with subsection (e). The 
Secretary may disapprove an allocation plan only if the 
plan fails to comply with requirements set forth in this 
section. 
‘‘(e) ALLOCATION PLAN.—
‘‘(1) IN GENERAL.—An allocation plan in ac-
cordance with this subsection is a plan, established 
by a State or participating local jurisdiction, as ap-
propriate, for a fiscal year, for the distribution of
grant amounts provided to the State or participating 
local jurisdiction under this subtitle for such fiscal 
year that is based on priority housing needs, as de-
termined by the State or participating local jurisdic-
tion. 
‘‘(2) ESTABLISHMENT.—In establishing an allo-
cation plan, the State or participating local jurisdic-
tion shall notify the public of the establishment of 
the plan, provide an opportunity for public com-
ments regarding the plan, consider any public com-
ments received, and make the completed plan avail-
able to the public. 
‘‘(3) CONTENTS.—An allocation plan of a State 
or participating local jurisdiction shall include the 
following information: 
‘‘(A) APPLICATION
REQUIREMENTS
FOR 
ELIGIBLE ENTITIES AND SUBRECIPIENTS.—The 
allocation plan shall set forth the requirements 
for eligible entities and eligible subrecipients to 
apply to receive assistance from grant amounts 
under this subtitle, including a requirement 
that each such application include—
‘‘(i) a description of the eligible activi-
ties to be conducted using such assistance; 
and
‘‘(ii) a certification by the applicant 
that any housing units assisted with such 
assistance will comply with the require-
ments under—
‘‘(I) section 296(1)(A) (relating 
to rents charged); 
‘‘(II) section 296(1)(B) (relating 
to tenant rent contribution); 
‘‘(III) section 296(1)(C) (relating 
to availability of units for voucher 
holders); 
‘‘(IV) section 296(1)(D) (relating 
to use as affordable housing for 50 
years); 
‘‘(V) section 296(1)(E) (relating 
to mixed income); and 
‘‘(VI) section 808(d) of the Fair 
Housing Act (relating to the obliga-
tion to affirmatively further fair hous-
ing). 
‘‘(B) SELECTION AND PREFERENCE CRI-
TERIA FOR ELIGIBLE ENTITIES AND SUBRECIPI-
ENTS.—The allocation plan shall set forth the 
factors for consideration in selecting among ap-
plicants that meet the application requirements
set forth pursuant to subparagraph (A), which 
shall give preference to applicants based on— 
‘‘(i) the amount of assistance lever-
aged by the applicant from private and 
other non-Federal sources for carrying out 
the eligible activities to be funded with as-
sistance from grant amounts under this 
subtitle, including assistance made avail-
able under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f) 
that is devoted to the project that contains 
the affordable housing to be assisted with 
such assistance; 
‘‘(ii) the extent of local assistance that 
will be provided in carrying out the eligible 
activities, including—
‘‘(I) financial assistance; 
‘‘(II) the extent to which the ap-
plicant has worked to address issues 
of siting and exclusionary zoning or 
other policies that are barriers to af-
fordable housing with the unit of gen-
eral local government in which the 
housing to be assisted with such as-
sistance will be located; and
‘‘(III) the extent to which the ap-
plicant has worked with the unit of 
general local government to reduce 
the barriers to affordable housing; 
‘‘(iii) the degree to which the project 
in which the affordable housing will be lo-
cated will have residents of various in-
comes; 
‘‘(iv) the extent of employment and 
other economic opportunities for low-in-
come families in the area in which the 
housing will be located; 
‘‘(v) the extent to which the applicant 
demonstrates the ability to maintain dwell-
ing units as affordable housing through the 
use of assistance made available under this 
subtitle, assistance leveraged from non-
Federal sources, assistance made available 
under section 8 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f), State 
or local assistance, programs to increase 
tenant income, cross-subsidization, and any 
other resources; 
‘‘(vi) the extent to which the applicant 
demonstrates that the county in which the
housing is to be located is experiencing an 
extremely low vacancy rate; 
‘‘(vii) the extent to which the percent-
age of the housing located in such county 
that is extremely old housing exceeds 35 
percent; 
‘‘(viii) the extent to which the housing 
assisted with the grant amounts will be ac-
cessible to persons with disabilities; 
‘‘(ix) the extent to which the applicant 
demonstrates that the affordable housing 
assisted with the grant amounts will be lo-
cated in proximity to public transportation, 
job opportunities, child care, and commu-
nity revitalization projects; and 
‘‘(x) the extent to which the applicant 
has provided that assistance from grant 
amounts made available under this subtitle 
will be used for eligible activities relating 
to housing located in census tracts in 
which the number of families having in-
comes less than the poverty line is less 
than 20 percent. 
‘‘(4) CONSOLIDATED
PLAN.—The Secretary 
shall provide that a State or local participating juris-
of assistance under this subtitle for a project shall not re-
duce the amount of assistance for which such project is 
otherwise eligible under section 42(h) of the Internal Rev-
enue Code of 1986 (26 U.S.C. 42(h)) or subtitles A 
through F of this title, if the project does not exceed the 
cost limits established pursuant to subsection (c) of this 
section. 
‘‘(i) ADMINISTRATION
OF
PROGRAM
BY
SUB-
RECIPIENT.—At the discretion of the eligible recipient, an 
eligible recipient may select an eligible subrecipient to 
carry out all or a portion of the recipient’s responsibilities 
under this subtitle, in accordance with this section. 
‘‘(j) LABOR STANDARDS.—Each eligible recipient re-
ceiving grant amounts under this subtitle shall ensure that 
contracts for eligible activities assisted with such amounts 
comply with the same requirements under section 286 of 
the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12836) that are applicable to contracts for 
construction of affordable housing assisted under such 
Act. 
‘‘(k) FAILURE TO COMPLY.—If the Secretary finds 
after reasonable notice and opportunity for hearing that 
a State or participating local jurisdiction has failed to 
comply substantially with any provision of this subtitle 
and until the Secretary is satisfied that there is no longer
any such failure to comply, the Secretary shall have the 
authority to discontinue assistance under this subtitle to 
the State or participating local jurisdiction. 
‘‘SEC. 296. DEFINITIONS. 
‘‘For purposes of this subtitle, the following defini-
tions shall apply: 
‘‘(1) AFFORDABLE
HOUSING.—The term ‘af-
fordable housing’ means a rental dwelling unit that 
is subject to legally binding commitments that en-
sure that the dwelling unit meets all of the following 
requirements: 
‘‘(A) RENTS.—The dwelling unit bears a 
rent not greater than the lesser of—
‘‘(i) the existing fair market rental es-
tablished by the Secretary under section 
8(c) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)) for a dwelling 
unit of the same size in the same market 
area, or the applicable payment standard 
for assistance under section 8(o) of such 
Act, if higher; and 
‘‘(ii) a rent that does not exceed 30 
percent of the adjusted income of a family 
whose income equals 65 percent of the me-
dian income for the area, as determined by
the Secretary, with adjustment for number 
of bedrooms in the unit, except that the 
Secretary may establish income ceilings 
higher or lower than 65 percent of the me-
dian for the area on the basis of the find-
ings of the Secretary that such variations 
are necessary because of prevailing levels 
of construction costs or fair market rents, 
or unusually high or low family incomes. 
‘‘(B) TENANT RENT CONTRIBUTION.—The 
contribution toward rent by the family residing 
in the dwelling unit will not exceed 30 percent 
of the adjusted income of such family. 
‘‘(C) AVAILABILITY OF UNITS FOR VOUCH-
ER HOLDERS.—The dwelling unit—
‘‘(i) is located in a project within 
which a percentage of units are made 
available only for occupancy by families as-
sisted under the voucher program under 
section 8(o) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)) (includ-
ing project-based assistance under section 
8(o)(13)) on the same basis as other fami-
lies eligible for occupancy of the project 
(except that only the voucher holder’s ex-
pected share of rent shall be considered), 
which percentage shall not be less than the 
percentage of the total cost of developing, 
rehabilitating, or preserving the project 
that is funded with assistance under this 
subtitle; and 
‘‘(ii) is one of the units that is subject 
to such occupancy requirements. 
‘‘(D) 
NON-DISCRIMINATION
AGAINST 
VOUCHER HOLDERS.—The dwelling unit is lo-
cated in a project in which all dwelling units 
are subject to enforceable restrictions that pro-
vide that a unit may not be refused for leasing 
to a holder of a voucher of eligibility under sec-
tion 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f) because of the status 
of the prospective tenant as a holder of such 
voucher. 
‘‘(E) MIXED INCOME.—
‘‘(i) IN GENERAL.—The dwelling unit 
is located in a project in which not more 
than 50 percent of the rental units in the 
project that receive assistance under this 
subtitle and are not previously occupied 
may be rented initially to families with in-
comes described in section 295(a)(1), as 
determined at a reasonable time before oc-
cupancy. 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply in the case of a project having 
not more than 25 dwelling units that is—
‘‘(I) located in a census tract in 
which the number of families having 
incomes less than the poverty line is 
less than 20 percent; 
‘‘(II) located in a rural area, as 
such term is defined in section 520 of 
the Housing Act of 1949 (42 U.S.C. 
1490); or 
‘‘(III) specifically made available 
only for households comprised of el-
derly families or disabled families. 
‘‘(F) DURATION
OF
USE.—The dwelling 
unit will continue to be subject to the require-
ments under this paragraph for not less than 
50 years. 
‘‘(2) ELIGIBLE ACTIVITIES.—The term ‘eligible 
activities’ means activities relating to providing af-
fordable housing, including—
‘‘(A) the construction of new housing;
‘‘(B) the acquisition of real property; 
‘‘(C) site preparation and improvement, in-
cluding demolition; 
‘‘(D) rehabilitation of existing housing; 
‘‘(E) the provision of project-based rental 
assistance for not more than 12 months for a 
dwelling unit assisted with grant amounts 
under this subtitle; and 
‘‘(F) providing incentives to maintain ex-
isting housing as affordable housing and to es-
tablish or extend any low-income affordability 
restrictions for such housing, including covering 
capital expenditures and operating costs. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ includes any public or private nonprofit or for-
profit entity, unit of general local government, re-
gional planning entity, and any other entity engaged 
in the development, rehabilitation, or preservation of 
affordable housing, as determined by the Secretary. 
‘‘(4) ELIGIBLE
PARTICIPATING
LOCAL
JURIS-
DICTION.—The term ‘eligible participating local ju-
risdiction’ means a participating local jurisdiction 
that complies with the requirements under section 
295(d).
189
‘‘SEC. 1927A. TREATMENT SERVICES FOR PERSONS EXPERI-
ENCING HOMELESSNESS. 
‘‘(a) IN GENERAL.—A funding agreement for a grant 
under section 1921 is that the State involved—
‘‘(1) will ensure that each person experiencing 
homelessness in the State who seeks or is referred 
for and would benefit from such services is given 
preference in admission to treatment facilities receiv-
ing funds pursuant to the grant; and 
‘‘(2) will, in carrying out paragraph (1), pub-
licize to persons experiencing homelessness the avail-
ability of services from the facilities and the fact 
that the persons receive such preferences. 
‘‘(b) REFERRALS REGARDING STATES.—A funding 
agreement for a grant under section 1921 is that, in car-
rying out subsection (a)(1)—
‘‘(1) the State involved will require, that in the 
event that a treatment facility has insufficient ca-
pacity to provide treatment services to any person 
experiencing homelessness described in such sub-
section who seeks the services from the facility, the 
facility refer the person to the State; and 
‘‘(2) the State, in the case of each person expe-
riencing homelessness for whom a referral under 
paragraph (1) is made to the State—