‘‘(ii) AMOUNT OF ASSISTANCE.—Each 
contract shall provide that the recipient 
shall receive aggregate amounts not to ex-
ceed the appropriate existing housing fair 
market rental under section 8(c)(1) of the 
United States Housing Act of 1937 in ef-
fect at the time the application is ap-
proved. Any amounts not needed for a year 
may be used to increase the amount avail-
able in subsequent years. 
‘‘(3) TENANT RENT.—In the case of a project 
that includes tenant-based or project-based rental 
assistance, each tenant shall pay as rent an amount 
determined in accordance with the provisions of sec-
tion 3(a)(1) of the United States Housing Act of 
1937 (42 U.S.C. 1437a(a)(1)). 
‘‘SEC. 424. TERMINATION OF TENANCY. 
‘‘(a) TERMINATION
OF TENANCY
IN PERMANENT 
HOUSING.—A project sponsor shall not terminate the ten-
ancy or refuse to renew the lease of a tenant living in per-
manent housing funded by a grant under this subtitle ex-
cept for serious or repeated violations of the terms and 
conditions of the lease, for a violation of applicable Fed-
eral, State, or local law, or other good cause. Any termi-
nation or refusal to renew must be preceded by not less 
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than 30 days by the project sponsor’s service upon the 
tenant of a written notice specifying the grounds for the 
action. 
‘‘(b) TERMINATION OF TENANCY IN TRANSITIONAL 
HOUSING.—If an individual or family occupying transi-
tional housing funded under this subtitle violates signifi-
cant program requirements, or violates applicable Federal, 
State, or local law, the project sponsor may terminate the 
housing assistance in accordance with a formal process es-
tablished by the project sponsor that recognizes the rights 
of individuals receiving such assistance to due process of 
law, which may include a hearing. 
‘‘SEC. 425. INCENTIVES TO CREATE SAMARITAN CHRONIC 
HOMELESSNESS INITIATIVE. 
‘‘(a) IN GENERAL.—In making grants to continuum 
of care boards under section 422, the Secretary shall pro-
vide the incentives described in subsection (b) to promote 
the creation of new permanent housing units through the 
construction, acquisition and rehabilitation, leasing , or 
provision of rental assistance of permanent housing units, 
that are owned or leased by a project sponsor or other 
independent entity who entered into a contract with a 
project sponsor, for chronically homeless persons. 
‘‘(b) ASSISTANCE
FOR CHRONICALLY HOMELESS 
PERSONS.—A continuum of care board that receives as-
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sistance under section 422 to implement a project that in-
volves the construction, acquisition and rehabilitation, 
leasing, or provision of rental assistance of permanent 
housing units described in subsection (a) for chronically 
homeless persons shall also receive, as part of the grant, 
a bonus in an amount to be determined by the Secretary 
to carry out permanent housing activities with supportive 
services, as determined by the Secretary, for chronically 
homeless persons. 
‘‘SEC. 426. REPAYMENT OF ASSISTANCE AND PREVENTION 
OF UNDUE BENEFITS. 
‘‘(a) REPAYMENT.—If assistance is provided under 
section 422 to carry out a project that consists of activities 
described in paragraph (1) or (2) of subsection (a) and 
the project ceases to provide transitional or permanent 
housing— 
‘‘(1) earlier than 10 years after operation of the 
project begins, the continuum of care board (or the 
project sponsor receiving funds from the continuum 
of care board) shall repay 100 percent of the assist-
ance; or 
‘‘(2) not earlier than 10 years, but earlier than 
15 years, after operation of the project begins, the 
continuum of care board (or the project sponsor re-
ceiving funds from the continuum of care board) 
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shall repay 20 percent of the assistance for each of 
the years in the 15 year period for which the project 
fails to provide that housing. 
‘‘(b) PREVENTION OF UNDUE BENEFITS.—Except as 
provided in subsection (c) if any property is used for a 
project that receives assistance under subsection (a) and 
consists of activities described in paragraph (1) or (2) of 
subsection (a), and the sale or other disposition of the 
property occurs before the expiration of the 15 year period 
beginning on the date that operation of the project begins, 
the continuum of care board (or the project sponsor receiv-
ing funds from the continuum of care board) who received 
the assistance shall comply with such terms and conditions 
as the Secretary may prescribe to prevent the continuum 
of care board (or a project sponsor receiving funds from 
the continuum of care board) from unduly benefiting from 
such sale or disposition. 
‘‘(c) EXCEPTION.—A continuum of care board (or a 
project sponsor receiving funds from the continuum of 
care board) shall not be required to make the repayments, 
and comply with the terms and conditions, required under 
subsection (a) or (b) if— 
‘‘(1) the sale or disposition of the property used 
for the project results in the use of the property for 
the direct benefit of very low income persons; or 
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‘‘(2) all of the proceeds of the sale or disposi-
tion are used to provide transitional or permanent 
housing meeting the requirements of this subtitle.’’; 
(3) by redesignating section 424 (42 U.S.C. 
11384) as section 427; 
(4) in section 425 (42 U.S.C. 11385)— 
(A) by redesignating this section as section 
428; 
(B) by striking subsection (c) and insert-
ing the following: 
‘‘(c) SERVICES.—Supportive services may include 
such services as determined by the Secretary (either at 
the Secretary’s initiative or on the basis of adequate jus-
tification by an applicant) to be directly relevant to assist-
ing persons experiencing homelessness to access and re-
tain housing.’’; 
(5) in section 426 (42 U.S.C. 11386)— 
(A) by redesignating this section as section 
429; 
(B) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘this 
subtitle’’ and inserting ‘‘section 422’’; 
(ii) in paragraph (2)— 
(I) by striking subparagraph (B) 
and inserting the following: 
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‘‘(B) a description of the size and charac-
teristics of the population that would occupy 
housing units or receive supportive services 
under this subtitle;’’; and 
(II) in subparagraph (E), by 
striking ‘‘in the case of projects as-
sisted under this title that do not re-
ceive assistance under such sections,’’; 
and 
(iii) in paragraph (3), in the last sen-
tence, by striking ‘‘recipient’’ and inserting 
‘‘continuum of care board (or a project 
sponsor receiving funds from the con-
tinuum of care board)’’; 
(C) by striking subsections (b) and (c) and 
inserting: 
‘‘(b) REQUIRED AGREEMENTS.—The Secretary may 
not provide assistance for a proposed project under this 
subtitle unless the continuum of care board involved 
agrees to— 
‘‘(1) ensure the operation of the project in ac-
cordance with the provisions of this subtitle; 
‘‘(2) conduct ongoing monitoring to ensure that 
homeless persons are not systematically denied ac-
cess to programs for which they may be eligible; 
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‘‘(3) monitor and report to the Secretary on the 
progress of the project; 
‘‘(4) develop and implement procedures to en-
sure— 
‘‘(A) the confidentiality of records per-
taining to any individual provided family vio-
lence prevention or treatment services through 
the project; and 
‘‘(B) that the address or location of any 
family violence shelter project assisted under 
this subtitle will not be made public, except 
with written authorization of the person respon-
sible for the operation of such project; 
‘‘(5) involve homeless individuals and families, 
to the maximum extent practicable, through employ-
ment, volunteer services, or otherwise, in con-
structing, rehabilitating, maintaining, and operating 
the project assisted under this subtitle and in pro-
viding supportive services for the project; 
‘‘(6) establish such fiscal control and fund ac-
counting procedures as may be necessary to assure 
the proper disbursal of, and accounting of, such 
funds in order to ensure that all financial trans-
actions carried out with such funds are conducted, 
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and records maintained, in accordance with gen-
erally accepted accounting principles; 
‘‘(7) ensure, to the extent practicable, that any 
permanent housing that is created under a grant 
under this subtitle is located in a mixed income envi-
ronment; 
‘‘(8) require each project sponsor who is funded 
by a grant received under this subtitle to establish 
such fiscal control and fund accounting procedures 
as may be necessary to assure the proper disbursal 
of, and accounting for, Federal funds received by the 
project sponsor under this subtitle in order to ensure 
that all financial transactions carried out under this 
subtitle are conducted, and records maintained, in 
accordance with generally accepted accounting prin-
ciples; and 
‘‘(9) comply with such other terms and condi-
tions as the Secretary may establish to carry out 
this subtitle in an effective and efficient manner.’’; 
(D) by redesignating subsection (d) as sub-
section (c), and in the first sentence, by striking 
‘‘recipient’’ and inserting ‘‘project sponsor’’; 
(E) by striking subsection (e); 
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(F) by redesignating subsections (f), (g), 
and (h), as subsections (d), (e), and (f), respec-
tively; 
(G) in subsection (e) (as redesignated in 
subparagraph (E)), in the first sentence, by 
striking ‘‘recipient’’ each place it appears and 
inserting ‘‘continuum of care board or project 
sponsor’’; 
(H) by striking subsection (i); and 
(I) by redesignating subsection (j) as sub-
section (g); 
(6)(A) by repealing sections 427 and 429 (42 
U.S.C.11387, 11389); and 
(B) by redesignating section 428 (42 U.S.C. 
11388) as section 436; and 
(7) by inserting after section 429, as redesig-
nated, the following: 
‘‘SEC. 430. MATCHING FUNDING. 
‘‘ A recipient of a grant under this subtitle shall sup-
plement the amounts provided in the grants, in cash from 
any source, in an amount equal to not less than 25 percent 
of the Federal funds provided under the grant. 
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‘‘SEC. 431. ALLOCATION AMOUNTS AND INCENTIVES FOR 
SPECIFIC ELIGIBLE ACTIVITIES. 
‘‘(a) ANNUAL PORTION OF APPROPRIATED AMOUNT 
AVAILABLE.—From the amount 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 each 
continuum of care board for that fiscal year shall be used 
for housing activities, exclusive of the Samaritan Chronic 
Homelessness Initiative under section 425, to develop and 
sustain permanent housing, including operating costs and 
leasing and rental housing assistance, in order to help cre-
ate and sustain affordable permanent housing for home-
less individuals with disabling conditions and homeless 
families that include such an individual who is an adult. 
‘‘(b) FUNDING FOR ACQUISITION, CONSTRUCTION, 
AND REHABILITATION OF PERMANENT OR TRANSITIONAL 
HOUSING.—Nothing in this title shall be construed to es-
tablish a limit on the amount of funding that an applicant 
may request under this subtitle for acquisition, construc-
tion, or rehabilitation activities for the development of per-
manent housing or transitional housing. 
‘‘SEC. 
432. 
TREATMENT 
OF 
PREVIOUSLY 
OBLIGATED 
AMOUNTS. 
‘‘Notwithstanding the amendment or repeal of any 
provision of law by the Homeless Assistance Consolidation 
Act of 2006, any amounts appropriated to carry out the 
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provisions so amended or repealed that are obligated be-
fore the effective date of the Homeless Assistance Consoli-
dation Act of 2006 shall be used in the manner provided, 
and subject to any requirements and agreements entered 
into, under such provisions as such provisions were in ef-
fect immediately before such effective date. 
‘‘SEC. 433. APPEAL PROCEDURE. 
‘‘(a) IN GENERAL.—With respect to funding under 
this subtitle, if certification of consistency with the Con-
solidated Plan or other jurisdictional plans related to 
homelessness, including 10-year plans to end chronic 
homelessness, pursuant to section 403 is withheld from 
an applicant who has submitted an application for that 
certification, 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. 
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‘‘SEC. 434. NONDISCRIMINATION, PREFERENCES FOR PER-
SONS WITH SPECIFIC DISABLING CONDI-
TIONS AND GENDER-SPECIFIC ACTIVITIES. 
‘‘(a) NONDISCRIMINATION.—No person in the United 
States shall on the grounds of race, color, national origin, 
religion, or sex, be excluded from participation in, be de-
nied the benefits of, or be subjected to discrimination 
under any program or activity funded in whole or in part 
with funds made available under this title. Any prohibition 
against discrimination on the basis of age under the Age 
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), or 
with respect to an otherwise qualified individual with a 
disability as provided in section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) shall also apply to any such 
program or activity. 
‘‘(b) PREFERENCES FOR PERSONS WITH SPECIFIC 
DISABLING CONDITIONS.—All homeless assistance and 
prevention activities funded under this title serving indi-
viduals with disabling conditions must be available to all 
such individuals without regard to their type of disability, 
except that a preference for individuals with specific types 
of disabling conditions can be provided in activities funded 
under this title if— 
‘‘(1) services appropriate for that population 
are provided; 
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‘‘(2) serving this population in this manner is 
necessary to provide qualified homeless individuals 
with a disabling condition and families that include 
such an adult individual housing, aid, benefits, or 
services that are as effective as those provided to 
others; and 
‘‘(3) such homeless assistance and prevention 
activities are open to all otherwise eligible individ-
uals with a disabling condition and families that in-
clude such an adult individual who may benefit from 
the services provided. 
‘‘(c) GENDER-SPECIFIC ACTIVITIES.—This title shall 
not be construed to prohibit any project sponsor from 
maintaining or constructing separate living facilities or 
restroom facilities for the different sexes or offering gen-
der-specific assistance in order to protect personal safety, 
privacy, or modesty. 
‘‘(d) RENEWALS.—Notwithstanding any other provi-
sion of this subtitle, the Secretary may provide renewal 
grants under this subtitle for rental assistance projects 
that— 
‘‘(1) were funded under the authority of Parts 
I, II, III and IV of Subtitle F of this title as it ex-
isted immediately prior to enactment of the Home-
less Assistance Consolidation Act of 2006; and 
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‘‘(2) are designed and carried out to exclusively 
serve persons who are seriously mentally ill; have 
chronic problems with alcohol, drugs, or both; or 
have acquired immunodeficiency syndrome and re-
lated diseases. 
‘‘SEC. 435. ENVIRONMENTAL REVIEW. 
‘‘For purposes of environmental review, assistance 
and projects under this title shall be treated as assistance 
for special projects that are subject to section 305(c) of 
the Multifamily Housing Property Disposition Reform Act 
of 1994, and shall be subject to the regulations issued by 
the Secretary to implement such section.’’. 
SEC. 6. REPEALS AND CONFORMING AMENDMENTS. 
(a) REPEALS.—Subtitles D, E, F, and G of title IV 
of the McKinney Vento Homeless Assistance Act (42 
U.S.C. 11391 et seq., 11401 et seq., 11403 et seq., and 
11408 et seq.) are repealed. 
(b) CONFORMING AMENDMENTS.—Section 403(l) of 
the McKinney Vento Homeless Assistance Act, as redesig-
nated in section 4(2), is amended— 
(1) by striking ‘‘current housing affordability 
strategy’’ and inserting ‘‘Consolidated Plan’’; and 
(2) by inserting before the comma the following: 
‘‘(referred to in that section as a ’’comprehensive 
housing affordability strategy‘‘)’’. 
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SEC. 7. EFFECTIVE DATE. 
This Act shall take effect one year after the date of 
enactment. 
Æ 
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