HR 7221 RDS 
(3) by inserting after section 426 the following 
new sections: 
‘‘SEC. 427. SELECTION CRITERIA. 
‘‘(a) IN GENERAL.—The Secretary shall award funds 
to recipients through a national competition between geo-
graphic areas based on criteria established by the Sec-
retary. 
‘‘(b) REQUIRED CRITERIA.— 
‘‘(1) IN
GENERAL.—The criteria established 
under subsection (a) shall include— 
‘‘(A) the previous performance of the re-
cipient regarding homelessness, including per-
formance related to funds provided under sec-
tion 412 (except that recipients applying from 
geographic areas where no funds have been 
awarded under this subtitle, or under subtitles 
C, D, E, or F of title IV of this Act, as in effect 
prior to the date of the enactment of the Home-
less Emergency Assistance and Rapid Transi-
tion to Housing Act of 2008, shall receive full 
credit for performance under this subpara-
graph), measured by criteria that shall be an-
nounced by the Secretary, that shall take into 
account barriers faced by individual homeless 
people, and that shall include— 
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‘‘(i) the length of time individuals and 
families remain homeless; 
‘‘(ii) the extent to which individuals 
and families who leave homelessness expe-
rience additional spells of homelessness; 
‘‘(iii) the thoroughness of grantees in 
the geographic area in reaching homeless 
individuals and families; 
‘‘(iv) overall reduction in the number 
of homeless individuals and families; 
‘‘(v) jobs and income growth for 
homeless individuals and families; 
‘‘(vi) success at reducing the number 
of individuals and families who become 
homeless; 
‘‘(vii) other accomplishments by the 
recipient related to reducing homelessness; 
and 
‘‘(viii) for collaborative applicants that 
have exercised the authority under section 
422(j) to serve families with children and 
youth defined as homeless under other 
Federal statutes, success in achieving the 
goals and outcomes identified in section 
427(b)(1)(F); 
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‘‘(B) the plan of the recipient, which shall 
describe— 
‘‘(i) how the number of individuals 
and families who become homeless will be 
reduced in the community; 
‘‘(ii) how the length of time that indi-
viduals and families remain homeless will 
be reduced; 
‘‘(iii) how the recipient will collaborate 
with local education authorities to assist in 
the identification of individuals and fami-
lies who become or remain homeless and 
are informed of their eligibility for services 
under subtitle B of title VII of this Act 
(42 U.S.C. 11431 et seq.); 
‘‘(iv) the extent to which the recipient 
will— 
‘‘(I) address the needs of all rel-
evant subpopulations; 
‘‘(II) incorporate comprehensive 
strategies for reducing homelessness, 
including the interventions referred to 
in section 428(d); 
‘‘(III) set quantifiable perform-
ance measures; 
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‘‘(IV) set timelines for completion 
of specific tasks; 
‘‘(V) identify specific funding 
sources for planned activities; and 
‘‘(VI) identify an individual or 
body responsible for overseeing imple-
mentation of specific strategies; and 
‘‘(v) whether the recipient proposes to 
exercise authority to use funds under sec-
tion 422(j), and if so, how the recipient 
will achieve the goals and outcomes identi-
fied in section 427(b)(1)(F); 
‘‘(C) the methodology of the recipient used 
to determine the priority for funding local 
projects under section 422(c)(1), including the 
extent to which the priority-setting process— 
‘‘(i) uses periodically collected infor-
mation and analysis to determine the ex-
tent to which each project has resulted in 
rapid return to permanent housing for 
those served by the project, taking into ac-
count the severity of barriers faced by the 
people the project serves; 
‘‘(ii) considers the full range of opin-
ions from individuals or entities with 
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knowledge of homelessness in the geo-
graphic area or an interest in preventing 
or ending homelessness in the geographic 
area; 
‘‘(iii) is based on objective criteria 
that have been publicly announced by the 
recipient; and 
‘‘(iv) is open to proposals from enti-
ties that have not previously received funds 
under this subtitle; 
‘‘(D) the extent to which the amount of as-
sistance to be provided under this subtitle to 
the recipient will be supplemented with re-
sources from other public and private sources, 
including mainstream programs identified by 
the Government Accountability Office in the 
two reports described in section 203(a)(7); 
‘‘(E) demonstrated coordination by the re-
cipient with the other Federal, State, local, pri-
vate, and other entities serving individuals and 
families experiencing homelessness and at risk 
of homelessness in the planning and operation 
of projects; 
‘‘(F) for collaborative applicants exercising 
the authority under section 422(j) to serve 
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homeless families with children and youth de-
fined as homeless under other Federal statutes, 
program goals and outcomes, which shall in-
clude— 
‘‘(i) preventing homelessness among 
the subset of such families with children 
and youth who are at highest risk of be-
coming homeless, as such term is defined 
for purposes of this title; or 
‘‘(ii) achieving independent living in 
permanent housing among such families 
with children and youth, especially those 
who have a history of doubled-up and other 
temporary housing situations or are living 
in a temporary housing situation due to 
lack of available and appropriate emer-
gency shelter, through the provision of eli-
gible assistance that directly contributes to 
achieving such results including assistance 
to address chronic disabilities, chronic 
physical health or mental health condi-
tions, substance addiction, histories of do-
mestic violence or childhood abuse, or mul-
tiple barriers to employment; and 
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‘‘(G) such other factors as the Secretary 
determines to be appropriate to carry out this 
subtitle in an effective and efficient manner. 
‘‘(2) ADDITIONAL
CRITERIA.—In addition to 
the criteria required under paragraph (1), the cri-
teria established under paragraph (1) shall also in-
clude the need within the geographic area for home-
less services, determined as follows and under the 
following conditions: 
‘‘(A) NOTICE.—The Secretary shall inform 
each collaborative applicant, at a time concur-
rent with the release of the notice of funding 
availability for the grants, of the pro rata esti-
mated grant amount under this subtitle for the 
geographic area represented by the collaborative 
applicant. 
‘‘(B) AMOUNT.— 
‘‘(i) 
FORMULA.—Such 
estimated 
grant amounts shall be determined by a 
formula, which shall be developed by the 
Secretary, by regulation, not later than the 
expiration of the 2-year period beginning 
upon the date of the enactment of the 
Homeless 
Emergency 
Assistance 
and 
Rapid Transition to Housing Act of 2008, 
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that is based upon factors that are appro-
priate to allocate funds to meet the goals 
and objectives of this subtitle. 
‘‘(ii) 
COMBINATIONS
OR
CON-
SORTIA.—For a collaborative applicant 
that represents a combination or consor-
tium of cities or counties, the estimated 
need amount shall be the sum of the esti-
mated need amounts for the cities or coun-
ties represented by the collaborative appli-
cant. 
‘‘(iii) AUTHORITY
OF
SECRETARY.— 
Subject to the availability of appropria-
tions, the Secretary shall increase the esti-
mated need amount for a geographic area 
if necessary to provide 1 year of renewal 
funding for all expiring contracts entered 
into under this subtitle for the geographic 
area. 
‘‘(3) HOMELESSNESS COUNTS.—The Secretary 
shall not require that communities conduct an actual 
count of homeless people other than those described 
in paragraphs (1) through (4) of section 103(a) of 
this Act (42 U.S.C. 11302(a)). 
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‘‘(c) ADJUSTMENTS.—The Secretary may adjust the 
formula described in subsection (b)(2) as necessary— 
‘‘(1) to ensure that each collaborative applicant 
has sufficient funding to renew all qualified projects 
for at least one year; and 
‘‘(2) to ensure that collaborative applicants are 
not discouraged from replacing renewal projects with 
new projects that the collaborative applicant deter-
mines will better be able to meet the purposes of this 
Act. 
‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES 
FOR SPECIFIC ELIGIBLE ACTIVITIES. 
‘‘(a) MINIMUM ALLOCATION FOR PERMANENT HOUS-
ING FOR HOMELESS INDIVIDUALS AND FAMILIES WITH 
DISABILITIES.— 
‘‘(1) IN GENERAL.—From the amounts made 
available to carry out this subtitle for a fiscal year, 
a portion equal to not less than 30 percent of the 
sums made available to carry out subtitle B and this 
subtitle, shall be used for permanent housing for 
homeless individuals with disabilities and homeless 
families that include such an individual who is an 
adult or a minor head of household if no adult is 
present in the household. 
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‘‘(2) CALCULATION.—In calculating the portion 
of the amount described in paragraph (1) that is 
used for activities that are described in paragraph 
(1), the Secretary shall not count funds made avail-
able to renew contracts for existing projects under 
section 429. 
‘‘(3) ADJUSTMENT.—The 30-percent figure in 
paragraph (1) shall be reduced proportionately based 
on need under section 427(b)(2) in geographic areas 
for which subsection (e) applies in regard to sub-
section (d)(2)(A). 
‘‘(4) SUSPENSION.—The requirement estab-
lished in paragraph (1) shall be suspended for any 
year in which available funding for grants under this 
subtitle would not be sufficient to renew for 1-year 
existing grants that would otherwise be funded 
under this subtitle. 
‘‘(5) TERMINATION.—The requirement estab-
lished in paragraph (1) shall terminate upon a find-
ing by the Secretary that since the beginning of 
2001 at least 150,000 new units of permanent hous-
ing for homeless individuals and families with dis-
abilities have been funded under this subtitle. 
‘‘(b) SET-ASIDE
FOR PERMANENT HOUSING
FOR 
HOMELESS
FAMILIES
WITH
CHILDREN.—From the 
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amounts made available to carry out this subtitle for a 
fiscal year, a portion equal to not less than 10 percent 
of the sums made available to carry out subtitle B and 
this subtitle for that fiscal year shall be used to provide 
or secure permanent housing for homeless families with 
children. 
‘‘(c) TREATMENT OF AMOUNTS FOR PERMANENT OR 
TRANSITIONAL HOUSING.—Nothing in this Act may be 
construed to establish a limit on the amount of funding 
that an applicant may request under this subtitle for ac-
quisition, construction, or rehabilitation activities for the 
development of permanent housing or transitional hous-
ing. 
‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
bonuses or other incentives to geographic areas for 
using funding under this subtitle for activities that 
have been proven to be effective at reducing home-
lessness generally, reducing homelessness for a spe-
cific subpopulation, or achieving homeless prevention 
and independent living goals as set forth in section 
427(b)(1)(F). 
‘‘(2) RULE OF CONSTRUCTION.—For purposes 
of this subsection, activities that have been proven to 
be effective at reducing homelessness generally or re-
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ducing homelessness for a specific subpopulation in-
cludes— 
‘‘(A) permanent supportive housing for 
chronically homeless individuals and families; 
‘‘(B) for homeless families, rapid rehousing 
services, short-term flexible subsidies to over-
come barriers to rehousing, support services 
concentrating on improving incomes to pay 
rent, coupled with performance measures em-
phasizing rapid and permanent rehousing and 
with leveraging funding from mainstream fam-
ily service systems such as Temporary Assist-
ance for Needy Families and Child Welfare 
services; and 
‘‘(C) any other activity determined by the 
Secretary, based on research and after notice 
and comment to the public, to have been proven 
effective at reducing homelessness generally, re-
ducing homelessness for a specific subpopula-
tion, or achieving homeless prevention and inde-
pendent living goals as set forth in section 
427(b)(1)(F). 
‘‘(3) BALANCE
OF
INCENTIVES
FOR
PROVEN 
STRATEGIES.—To the extent practicable, in pro-
viding bonuses or incentives for proven strategies, 
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the Secretary shall seek to maintain a balance 
among strategies targeting homeless individuals, 
families, and other subpopulations. The Secretary 
shall not implement bonuses or incentives that spe-
cifically discourage collaborative applicants from ex-
ercising their flexibility to serve families with chil-
dren and youth defined as homeless under other 
Federal statutes. 
‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMENTA-
TION OF PROVEN STRATEGIES.—If any geographic area 
demonstrates that it has fully implemented any of the ac-
tivities described in subsection (d) for all homeless individ-
uals and families or for all members of subpopulations for 
whom such activities are targeted, that geographic area 
shall receive the bonus or incentive provided under sub-
section (d), but may use such bonus or incentive for any 
eligible activity under either section 423 or paragraphs (4) 
and (5) of section 415(a) for homeless people generally 
or for the relevant subpopulation. 
‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE 
FOR PERMANENT HOUSING. 
‘‘(a) IN GENERAL.—Of the total amount available in 
the account or accounts designated for appropriations for 
use in connection with section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), the Secretary 
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shall use such sums as may be necessary for the purpose 
of renewing expiring contracts for leasing, rental assist-
ance, or operating costs for permanent housing. 
‘‘(b) RENEWALS.—The sums made available under 
subsection (a) shall be available for the renewal of con-
tracts in the case of tenant-based assistance, successive 
1-year terms, and in the case of project-based assistance, 
successive terms of up to 15 years at the discretion of the 
applicant or project sponsor and subject to the availability 
of annual appropriations, for rental assistance and hous-
ing operation costs associated with permanent housing 
projects funded under this subtitle, or under subtitle C 
or F (as in effect on the day before the effective date of 
the Homeless Emergency Assistance and Rapid Transition 
to Housing Act of 2008). The Secretary shall determine 
whether to renew a contract for such a permanent housing 
project on the basis of certification by the collaborative 
applicant for the geographic area that— 
‘‘(1) there is a demonstrated need for the 
project; and 
‘‘(2) the project complies with program require-
ments and appropriate standards of housing quality 
and habitability, as determined by the Secretary. 
‘‘(c) CONSTRUCTION.—Nothing in this section shall 
be construed as prohibiting the Secretary from renewing 
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contracts under this subtitle in accordance with criteria 
set forth in a provision of this subtitle other than this sec-
tion. 
‘‘SEC. 430. MATCHING FUNDING. 
‘‘(a) IN GENERAL.—A collaborative applicant in a ge-
ographic area in which funds are awarded under this sub-
title shall specify contributions from any source other than 
a grant awarded under this subtitle, including renewal 
funding of projects assisted under subtitles C, D, and F 
of this title as in effect before the effective date under 
section 503 of the Homeless Emergency Assistance and 
Rapid Transition to Housing Act of 2008, that shall be 
made available in the geographic area in an amount equal 
to not less than 25 percent of the funds provided to recipi-
ents in the geographic area, except that grants for leasing 
shall not be subject to any match requirement. 
‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The cash 
value of services provided to the residents or clients of a 
project sponsor by an entity other than the project sponsor 
may count toward the contributions in subsection (a) only 
when documented by a memorandum of understanding be-
tween the project sponsor and the other entity that such 
services will be provided. 
‘‘(c) COUNTABLE ACTIVITIES.—The contributions re-
quired under subsection (a) may consist of— 
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‘‘(1) funding for any eligible activity described 
under section 423; and 
‘‘(2) subject to subsection (b), in-kind provision 
of services of any eligible activity described under 
section 423. 
‘‘SEC. 431. APPEAL PROCEDURE. 
‘‘(a) IN GENERAL.—With respect to funding under 
this subtitle, if certification of consistency with the consoli-
dated plan pursuant to section 403 is withheld from an 
applicant who has submitted an application for that cer-
tification, such applicant may appeal such decision to the 
Secretary. 
‘‘(b) PROCEDURE.—The Secretary shall establish a 
procedure to process the appeals described in subsection 
(a). 
‘‘(c) DETERMINATION.—Not later than 45 days after 
the date of receipt of an appeal described in subsection 
(a), the Secretary shall determine if certification was un-
reasonably withheld. If such certification was unreason-
ably withheld, the Secretary shall review such application 
and determine if such applicant shall receive funding 
under this subtitle.’’. 
SEC. 306. RESEARCH. 
There is authorized to be appropriated $8,000,000, 
for each of fiscal years 2009 and 2010, for research into 
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(I) by striking ‘‘The’’ and insert-
ing ‘‘Not later than 24 months after 
funding is first made available pursu-
ant to the amendment made by title 
IV of the Homeless Emergency As-
sistance and Rapid Transition to 
Housing Act of 2008, the’’; 
(II) by striking ‘‘, not later than 
18 months after the date on which the 
Secretary first makes grants under 
the program,’’; and 
(III) by striking ‘‘prevent and re-
spond to homelessness’’ and inserting 
‘‘meet the goals described in sub-
section (a)’’; 
(I) in subsection (k)— 
(i) in paragraph (1), by striking 
‘‘rural homelessness grant program’’ and 
inserting ‘‘rural housing stability grant 
program’’; and 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by strik-
ing ‘‘; or’’ and inserting a semicolon; 
(II) in subparagraph (B)(ii), by 
striking ‘‘rural census tract.’’ and in-
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