To amend the McKinney-Vento Homeless Assistance Act to reauthorize the Act, and for other purposes.

SA 1040. Mr. REED (for himself and Mr. Bond) submitted an amendment
intended to be proposed to amendment SA 1018 submitted by Mr. Dodd (for
himself and Mr. Shelby) to the bill S. 896, to prevent mortgage
foreclosures and enhance mortgage credit availability; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:

DIVISION B--HOMELESSNESS REFORM

SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009''.
(b) Table of Contents.--The table of contents for this
division is as follows:

DIVISION B--HOMELESSNESS REFORM

Sec. 1001. Short title; table of contents.
Sec. 1002. Findings and purposes.
Sec. 1003. Definition of homelessness.
Sec. 1004. United States Interagency Council on Homelessness.

TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

Sec. 1101. Definitions.
Sec. 1102. Community homeless assistance planning boards.
Sec. 1103. General provisions.
Sec. 1104. Protection of personally identifying information by victim
service providers.
Sec. 1105. Authorization of appropriations.

TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

Sec. 1201. Grant assistance.
Sec. 1202. Eligible activities.
Sec. 1203. Participation in Homeless Management Information System.
Sec. 1204. Administrative provision.
Sec. 1205. GAO study of administrative fees.

TITLE III--CONTINUUM OF CARE PROGRAM

Sec. 1301. Continuum of care.

[[Page S5031]]

Sec. 1302. Eligible activities.
Sec. 1303. High performing communities.
Sec. 1304. Program requirements.
Sec. 1305. Selection criteria, allocation amounts, and funding.
Sec. 1306. Research.

TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

Sec. 1401. Rural housing stability assistance.
Sec. 1402. GAO study of homelessness and homeless assistance in rural
areas.

TITLE V--REPEALS AND CONFORMING AMENDMENTS

Sec. 1501. Repeals.
Sec. 1502. Conforming amendments.
Sec. 1503. Effective date.
Sec. 1504. Regulations.
Sec. 1505. Amendment to table of contents.

SEC. 1002. FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds that--
(1) a lack of affordable housing and limited scale of
housing assistance programs are the primary causes of
homelessness; and
(2) homelessness affects all types of communities in the
United States, including rural, urban, and suburban areas.
(b) Purposes.--The purposes of this division are--
(1) to consolidate the separate homeless assistance
programs carried out under title IV of the McKinney-Vento
Homeless Assistance Act (consisting of the supportive housing
program and related innovative programs, the safe havens
program, the section 8 assistance program for single-room
occupancy dwellings, and the shelter plus care program) into
a single program with specific eligible activities;
(2) to 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; and
(3) to establish a Federal goal of ensuring that
individuals and families who become homeless return to
permanent housing within 30 days.

SEC. 1003. DEFINITION OF HOMELESSNESS.

(a) In General.--Section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--For purposes of this Act, the terms
`homeless', `homeless individual', and `homeless person'
means--
``(1) an individual or family who lacks a fixed, regular,
and adequate nighttime residence;
``(2) an individual or family with 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, including a car, park, abandoned building, bus
or train station, airport, or camping ground;
``(3) an individual or family living in a supervised
publicly or privately operated shelter designated to provide
temporary living arrangements (including hotels and motels
paid for by Federal, State, or local government programs for
low-income individuals or by charitable organizations,
congregate shelters, and transitional housing);
``(4) an individual who resided in a shelter or place not
meant for human habitation and who is exiting an institution
where he or she temporarily resided;
``(5) an individual or family who--
``(A) will imminently lose their housing, including housing
they own, rent, or live in without paying rent, are sharing
with others, and rooms in hotels or motels not paid for by
Federal, State, or local government programs for low-income
individuals or by charitable organizations, as evidenced by--
``(i) a court order resulting from an eviction action that
notifies the individual or family that they must leave within
14 days;
``(ii) the individual or family having a primary nighttime
residence that is a room in a hotel or motel and where they
lack the resources necessary to reside there for more than 14
days; or
``(iii) credible evidence indicating that the owner or
renter of the housing will not allow the individual or family
to stay for more than 14 days, and any oral statement from an
individual or family seeking homeless assistance that is
found to be credible shall be considered credible evidence
for purposes of this clause;
``(B) has no subsequent residence identified; and
``(C) lacks the resources or support networks needed to
obtain other permanent housing; and
``(6) unaccompanied youth and homeless families with
children and youth defined as homeless under other Federal
statutes who--
``(A) have experienced a long term period without living
independently in permanent housing,
``(B) have experienced persistent instability as measured
by frequent moves over such period, and
``(C) can be expected to continue in such status for an
extended period of time because of chronic disabilities,
chronic physical health or mental health conditions,
substance addiction, histories of domestic violence or
childhood abuse, the presence of a child or youth with a
disability, or multiple barriers to employment.
``(b) Domestic Violence and Other Dangerous or Life-
Threatening Conditions.--Notwithstanding any other provision
of this section, the Secretary shall consider to be homeless
any individual or family who is fleeing, or is attempting to
flee, domestic violence, dating violence, sexual assault,
stalking, or other dangerous or life-threatening conditions
in the individual's or family's current housing situation,
including where the health and safety of children are
jeopardized, and who have no other residence and lack the
resources or support networks to obtain other permanent
housing.''.
(b) Regulations.--Not later than the expiration of the 6-
month period beginning upon the date of the enactment of this
division, the Secretary of Housing and Urban Development
shall issue regulations that provide sufficient guidance to
recipients of funds under title IV of the McKinney-Vento
Homeless Assistance Act to allow uniform and consistent
implementation of the requirements of section 103 of such
Act, as amended by subsection (a) of this section. This
subsection shall take effect on the date of the enactment of
this division.
(c) Clarification of Effect on Other Laws.--This section
and the amendments made by this section to section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) may
not be construed to affect, alter, limit, annul, or supersede
any other provision of Federal law providing a definition of
``homeless'', ``homeless individual'', or ``homeless person''
for purposes other than such Act, except to the extent that
such provision refers to such section 103 or the definition
provided in such section 103.

SEC. 1004. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

(a) In General.--Title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et seq.) is amended--
(1) in section 201 (42 U.S.C. 11311), by inserting before
the period at the end the following ``whose mission shall be
to coordinate the Federal response to homelessness and to
create a national partnership at every level of government
and with the private sector to reduce and end homelessness in
the nation while maximizing the effectiveness of the Federal
Government in contributing to the end of homelessness'';
(2) in section 202 (42 U.S.C. 11312)--
(A) in subsection (a)--
(i) by redesignating paragraph (16) as paragraph (22); and
(ii) by inserting after paragraph (15) the following:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.
``(17) The Attorney General of the United States, or the
designee of the Attorney General.
``(18) The Director of the Office of Management and Budget,
or the designee of the Director.
``(19) The Director of the Office of Faith-Based and
Community Initiatives, or the designee of the Director.
``(20) The Director of USA FreedomCorps, or the designee of
the Director.'';
(B) in subsection (c), by striking ``annually'' and
inserting ``four times each year, and the rotation of the
positions of Chairperson and Vice Chairperson required under
subsection (b) shall occur at the first meeting of each
year''; and
(C) by adding at the end the following:
``(e) Administration.--The Executive Director of the
Council shall report to the Chairman of the Council.'';
(3) in section 203(a) (42 U.S.C. 11313(a))--
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (2), (3), (4), (5), (9), (10), and
(11), respectively;
(B) by inserting before paragraph (2), as so redesignated
by subparagraph (A), the following:
``(1) not later than 12 months after the date of the
enactment of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2009, develop, make available
for public comment, and submit to the President and to
Congress a National Strategic Plan to End Homelessness, and
shall update such plan annually;'';
(C) in paragraph (5), as redesignated by subparagraph (A),
by striking ``at least 2, but in no case more than 5'' and
inserting ``not less than 5, but in no case more than 10'';
(D) by inserting after paragraph (5), as so redesignated by
subparagraph (A), the following:
``(6) encourage the creation of State Interagency Councils
on Homelessness and the formulation of jurisdictional 10-year
plans to end homelessness at State, city, and county levels;
``(7) annually obtain from Federal agencies their
identification of consumer-oriented entitlement and other
resources for which persons experiencing homelessness may be
eligible and the agencies' identification of improvements to
ensure access; develop mechanisms to ensure access by persons
experiencing homelessness to all Federal, State, and local
programs for which the persons are eligible, and to verify
collaboration among entities within a community that receive
Federal funding under programs targeted for persons
experiencing homelessness, and other programs for which
persons experiencing homelessness are eligible, including
mainstream programs identified by the Government
Accountability Office in the reports entitled `Homelessness:
Coordination and Evaluation of Programs Are Essential',
issued February 26, 1999, and `Homelessness: Barriers to
Using Mainstream Programs', issued July 6, 2000;
``(8) conduct research and evaluation related to its
functions as defined in this section;

[[Page S5032]]

``(9) develop joint Federal agency and other initiatives to
fulfill the goals of the agency;'';
(E) in paragraph (10), as so redesignated by subparagraph
(A), by striking ``and'' at the end;
(F) in paragraph (11), as so redesignated by subparagraph
(A), by striking the period at the end and inserting a
semicolon;
(G) by adding at the end the following new paragraphs:
``(12) develop constructive alternatives to criminalizing
homelessness and eliminate laws and policies that prohibit
sleeping, feeding, sitting, resting, or lying in public
spaces when there are no suitable alternatives, result in the
destruction of a homeless person's property without due
process, or are selectively enforced against homeless
persons; and
``(13) not later than the expiration of the 6-month period
beginning upon completion of the study requested in a letter
to the Acting Comptroller General from the Chair and Ranking
Member of the House Financial Services Committee and several
other members regarding various definitions of homelessness
in Federal statutes, convene a meeting of representatives of
all Federal agencies and committees of the House of
Representatives and the Senate having jurisdiction over any
Federal program to assist homeless individuals or families,
local and State governments, academic researchers who
specialize in homelessness, nonprofit housing and service
providers that receive funding under any Federal program to
assist homeless individuals or families, organizations
advocating on behalf of such nonprofit providers and homeless
persons receiving housing or services under any such Federal
program, and homeless persons receiving housing or services
under any such Federal program, at which meeting such
representatives shall discuss all issues relevant to whether
the definitions of `homeless' under paragraphs (1) through
(4) of section 103(a) of the McKinney-Vento Homeless
Assistance Act, as amended by section 1003 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009, should be modified by the Congress, including whether
there is a compelling need for a uniform definition of
homelessness under Federal law, the extent to which the
differences in such definitions create barriers for
individuals to accessing services and to collaboration
between agencies, and the relative availability, and barriers
to access by persons defined as homeless, of mainstream
programs identified by the Government Accountability Office
in the two reports identified in paragraph (7) of this
subsection; and shall submit transcripts of such meeting, and
any majority and dissenting recommendations from such
meetings, to each committee of the House of Representatives
and the Senate having jurisdiction over any Federal program
to assist homeless individuals or families not later than the
expiration of the 60-day period beginning upon conclusion of
such meeting.''.
(4) in section 203(b)(1) (42 U.S.C. 11313(b))--
(A) by striking ``Federal'' and inserting ``national'';
(B) by striking ``; and'' and inserting ``and pay for
expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is
made;'';
(5) in section 205(d) (42 U.S.C. 11315(d)), by striking
``property.'' and inserting ``property, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Council.''; and
(6) by striking section 208 (42 U.S.C. 11318) and inserting
the following:

``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this
title $3,000,000 for fiscal year 2010 and such sums as may be
necessary for fiscal years 2011. Any amounts appropriated to
carry out this title shall remain available until
expended.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on, and shall apply beginning on, the date
of the enactment of this division.

TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

SEC. 1101. DEFINITIONS.

Subtitle A of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11361 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:

``Subtitle A--General Provisions'';

(2) by redesignating sections 401 and 402 (42 U.S.C. 11361,
11362) as sections 403 and 406, respectively; and
(3) by inserting before section 403 (as so redesignated by
paragraph (2) of this section) the following new section:

``SEC. 401. DEFINITIONS.

``For purposes of this title:
``(1) At risk of homelessness.--The term `at risk of
homelessness' means, with respect to an individual or family,
that the individual or family--
``(A) has income below 30 percent of median income for the
geographic area;
``(B) has insufficient resources immediately available to
attain housing stability; and
``(C)(i) has moved frequently because of economic reasons;
``(ii) is living in the home of another because of economic
hardship;
``(iii) has been notified that their right to occupy their
current housing or living situation will be terminated;
``(iv) lives in a hotel or motel;
``(v) lives in severely overcrowded housing;
``(vi) is exiting an institution; or
``(vii) otherwise lives in housing that has characteristics
associated with instability and an increased risk of
homelessness.
Such term includes all families with children and youth
defined as homeless under other Federal statutes.
``(2) Chronically homeless.--
``(A) In general.--The term `chronically homeless' means,
with respect to an individual or family, that the individual
or family--
``(i) is homeless and lives or resides in a place not meant
for human habitation, a safe haven, or in an emergency
shelter;
``(ii) has been homeless and living or residing in a place
not meant for human habitation, a safe haven, or in an
emergency shelter continuously for at least 1 year or on at
least 4 separate occasions in the last 3 years; and
``(iii) has an adult head of household (or a minor head of
household if no adult is present in the household) with a
diagnosable substance use disorder, serious mental illness,
developmental disability (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15002)), post traumatic stress disorder,
cognitive impairments resulting from a brain injury, or
chronic physical illness or disability, including the co-
occurrence of 2 or more of those conditions.
``(B) Rule of construction.--A person who currently lives
or resides in an institutional care facility, including a
jail, substance abuse or mental health treatment facility,
hospital or other similar facility, and has resided there for
fewer than 90 days shall be considered chronically homeless
if such person met all of the requirements described in
subparagraph (A) prior to entering that facility.
``(3) Collaborative applicant.--The term `collaborative
applicant' means an entity that--
``(A) carries out the duties specified in section 402;
``(B) serves as the applicant for project sponsors who
jointly submit a single application for a grant under
subtitle C in accordance with a collaborative process; and
``(C) if the entity is a legal entity and is awarded such
grant, receives such grant directly from the Secretary.
``(4) Collaborative application.--The term `collaborative
application' means an application for a grant under subtitle
C that--
``(A) satisfies section 422; and
``(B) is submitted to the Secretary by a collaborative
applicant.
``(5) Consolidated plan.--The term `Consolidated Plan'
means a comprehensive housing affordability strategy and
community development plan required in part 91 of title 24,
Code of Federal Regulations.
``(6) Eligible entity.--The term `eligible entity' means,
with respect to a subtitle, a public entity, a private
entity, or an entity that is a combination of public and
private entities, that is eligible to directly receive grant
amounts under such subtitle.
``(7) Families with children and youth defined as homeless
under other federal statutes.--The term `families with
children and youth defined as homeless under other Federal
statutes' means any children or youth that are defined as
`homeless' under any Federal statute other than this
subtitle, but are not defined as homeless under section 103,
and shall also include the parent, parents, or guardian of
such children or youth under subtitle B of title VII this Act
(42 U.S.C. 11431 et seq.).
``(8) Geographic area.--The term `geographic 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).
``(9) Homeless individual with a disability.--
``(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-continuing or of indefinite
duration;
``(II) substantially impedes the individual's ability to
live independently;
``(III) could be improved by the provision of more suitable
housing conditions; and
``(IV) is a physical, mental, or emotional impairment,
including an impairment caused by alcohol or drug abuse, post
traumatic stress disorder, or brain injury;
``(ii) is a developmental disability, as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002); or
``(iii) is the disease of acquired immunodeficiency
syndrome or any condition arising from the etiologic agency
for acquired immunodeficiency syndrome.
``(B) Rule.--Nothing in clause (iii) of subparagraph (A)
shall be construed to limit eligibility under clause (i) or
(ii) of subparagraph (A).
``(10) Legal entity.--The term `legal entity' means--
``(A) an entity described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and
exempt from tax under section 501(a) of such Code;

[[Page S5033]]

``(B) an instrumentality of State or local government; or
``(C) a consortium of instrumentalities of State or local
governments that has constituted itself as an entity.
``(11) 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)).
``(12) New.--The term `new' means, with respect to housing,
that no assistance has been provided under this title for the
housing.
``(13) Operating costs.--The term `operating costs' means
expenses incurred by a project sponsor operating transitional
housing or permanent housing under this title with respect
to--
``(A) the administration, maintenance, repair, and security
of such housing;
``(B) utilities, fuel, furnishings, and equipment for such
housing; or
``(C) coordination of services as needed to ensure long-
term housing stability.
``(14) Outpatient health services.--The term `outpatient
health services' means outpatient health care services,
mental health services, and outpatient substance abuse
services.
``(15) Permanent housing.--The term `permanent housing'
means community-based housing without a designated length of
stay, and includes both permanent supportive housing and
permanent housing without supportive services.
``(16) Personally identifying information.--The term
`personally identifying information' means individually
identifying information for or about an individual, including
information likely to disclose the location of a victim of
domestic violence, dating violence, sexual assault, or
stalking, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that,
in combination with any other non-personally identifying
information, would serve to identify any individual.
``(17) 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 requirements established by
the Secretary; and
``(D) that practices nondiscrimination in the provision of
assistance.
``(18) Project.--The term `project' means, with respect to
activities carried out under subtitle C, eligible activities
described in section 423(a), undertaken pursuant to a
specific endeavor, such as serving a particular population or
providing a particular resource.
``(19) Project-based.--The term `project-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor; and
``(ii) an owner of a structure that exists as of the date
the contract is entered into; and
``(B) provides that rental assistance payments shall be
made to the owner and that the units in the structure shall
be occupied by eligible persons for not less than the term of
the contract.
``(20) Project sponsor.--The term `project sponsor' means,
with respect to proposed eligible activities, the
organization directly responsible for carrying out the
proposed eligible activities.
``(21) 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 Secretary;
``(B) receives the grant directly from the Secretary to
support approved projects described in the application; and
``(C)(i) serves as a project sponsor for the projects; or
``(ii) awards the funds to project sponsors to carry out
the projects.
``(22) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(23) Serious mental illness.--The term `serious mental
illness' means a severe and persistent mental illness or
emotional impairment that seriously limits a person's ability
to live independently.
``(24) Solo applicant.--The term `solo applicant' means an
entity that is an eligible entity, directly submits an
application for a grant under subtitle C to the Secretary,
and, if awarded such grant, receives such grant directly from
the Secretary.
``(25) Sponsor-based.--The term `sponsor-based' means, with
respect to rental assistance, that the assistance is 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 payments shall be
made to the independent entity and that eligible persons
shall occupy such assisted units.
``(26) 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, the Commonwealth of the
Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and any other territory or possession of the United
States.
``(27) Supportive services.--The term `supportive services'
means services that address the special needs of people
served by a project, including--
``(A) the establishment and operation of a child care
services program for families experiencing homelessness;
``(B) the establishment and operation of an employment
assistance program, including providing job training;
``(C) the provision of outpatient health services, food,
and case management;
``(D) the provision of assistance in obtaining permanent
housing, employment counseling, and nutritional counseling;
``(E) the provision of outreach services, advocacy, life
skills training, and housing search and counseling services;
``(F) the provision of mental health services, trauma
counseling, and victim services;
``(G) the provision of assistance in obtaining other
Federal, State, and local assistance available for residents
of supportive housing (including mental health benefits,
employment counseling, and medical assistance, but not
including major medical equipment);
``(H) the provision of legal services for purposes
including requesting reconsiderations and appeals of veterans
and public benefit claim denials and resolving outstanding
warrants that interfere with an individual's ability to
obtain and retain housing;
``(I) the provision of--
``(i) transportation services that facilitate an
individual's ability to obtain and maintain employment; and
``(ii) health care; and
``(J) other supportive services necessary to obtain and
maintain housing.
``(28) Tenant-based.--The term `tenant-based' means, with
respect to rental assistance, assistance that--
``(A) 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 supportive services to a person participating in
a program is feasible, a recipient or project sponsor may
require that the person live--
``(i) in a particular structure or unit for not more than
the first year of the participation;
``(ii) within a particular geographic area for the full
period of the participation, or the period remaining after
the period referred to in subparagraph (A); and
``(B) provides that a person may receive such assistance
and move to another structure, unit, or geographic area if
the person has complied with all other obligations of the
program and has moved out of the assisted dwelling unit in
order to protect the health or safety of an individual who is
or has been the victim of domestic violence, dating violence,
sexual assault, or stalking, and who reasonably believed he
or she was imminently threatened by harm from further
violence if he or she remained in the assisted dwelling unit.
``(29) Transitional housing.--The term `transitional
housing' means housing the purpose of which is to facilitate
the movement of individuals and families experiencing
homelessness to permanent housing within 24 months or such
longer period as the Secretary determines necessary.
``(30) Unified funding agency.--The term `unified funding
agency' means a collaborative applicant that performs the
duties described in section 402(g).
``(31) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic
populations, populations underserved because of special needs
(such as language barriers, disabilities, alienage status, or
age), and any other population determined to be underserved
by the Secretary, as appropriate.
``(32) Victim service provider.--The term `victim service
provider' means a private nonprofit organization whose
primary mission is to provide services to victims of domestic
violence, dating violence, sexual assault, or stalking. Such
term includes rape crisis centers, battered women's shelters,
domestic violence transitional housing programs, and other
programs.
``(33) Victim services.--The term `victim services' means
services that assist domestic violence, dating violence,
sexual assault, or stalking victims, including services
offered by rape crisis centers and domestic violence
shelters, and other organizations, with a documented history
of effective work concerning domestic violence, dating
violence, sexual assault, or stalking.''.

SEC. 1102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

Subtitle A of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11361 et seq.) is amended by
inserting after section 401 (as added by section 1101(3) of
this division) the following new section:

``SEC. 402. COLLABORATIVE APPLICANTS.

``(a) Establishment and Designation.--A collaborative
applicant shall be established for a geographic area by the
relevant parties in that geographic area to--

[[Page S5034]]

``(1) submit an application for amounts under this
subtitle; and
``(2) perform the duties specified in subsection (f) and,
if applicable, subsection (g).
``(b) No Requirement to Be a Legal Entity.--An entity may
be established to serve as a collaborative applicant under
this section without being a legal entity.
``(c) Remedial Action.--If the Secretary finds that a
collaborative applicant for a geographic area does not meet
the requirements of this section, or if there is no
collaborative applicant for a geographic area, the Secretary
may take remedial action to ensure fair distribution of grant
amounts under subtitle C to eligible entities within that
area. Such measures may include designating another body as a
collaborative applicant, or permitting other eligible
entities to apply directly for grants.
``(d) Construction.--Nothing in this section shall be
construed to displace conflict of interest or government fair
practices laws, or their equivalent, that govern applicants
for grant amounts under subtitles B and C.
``(e) Appointment of Agent.--
``(1) In general.--Subject to paragraph (2), a
collaborative applicant may designate an agent to--
``(A) apply for a grant under section 422(c);
``(B) receive and distribute grant funds awarded under
subtitle C; and
``(C) perform other administrative duties.
``(2) Retention of duties.--Any collaborative applicant
that designates an agent pursuant to paragraph (1) shall
regardless of such designation retain all of its duties and
responsibilities under this title.
``(f) Duties.--A collaborative applicant shall--
``(1) design a collaborative process for the development of
an application under subtitle C, and for evaluating the
outcomes of projects for which funds are awarded under
subtitle B, in such a manner as to provide information
necessary for the Secretary--
``(A) to determine compliance with--
``(i) the program requirements under section 426; and
``(ii) the selection criteria described under section 427;
and
``(B) to establish priorities for funding projects in the
geographic area involved;
``(2) participate in the Consolidated Plan for the
geographic area served by the collaborative applicant; and
``(3) ensure operation of, and consistent participation by,
project sponsors in a community-wide homeless management
information system (in this subsection referred to as `HMIS')
that--
``(A) collects unduplicated counts of individuals and
families experiencing homelessness;
``(B) analyzes patterns of use of assistance provided under
subtitles B and C for the geographic area involved;
``(C) provides information to project sponsors and
applicants for needs analyses and funding priorities; and
``(D) is developed in accordance with standards established
by the Secretary, including standards that provide for--
``(i) encryption of data collected for purposes of HMIS;
``(ii) documentation, including keeping an accurate
accounting, proper usage, and disclosure, of HMIS data;
``(iii) access to HMIS data by staff, contractors, law
enforcement, and academic researchers;
``(iv) rights of persons receiving services under this
title;
``(v) criminal and civil penalties for unlawful disclosure
of data; and
``(vi) such other standards as may be determined necessary
by the Secretary.
``(g) Unified Funding.--
``(1) In general.--In addition to the duties described in
subsection (f), a collaborative applicant shall receive from
the Secretary and distribute to other project sponsors in the
applicable geographic area funds for projects to be carried
out by such other project sponsors, if--
``(A) the collaborative applicant--
``(i) applies to undertake such collection and distribution
responsibilities in an application submitted under this
subtitle; and
``(ii) is selected to perform such responsibilities by the
Secretary; or
``(B) the Secretary designates the collaborative applicant
as the unified funding agency in the geographic area, after--
``(i) a finding by the Secretary that the applicant--

``(I) has the capacity to perform such responsibilities;
and
``(II) would serve the purposes of this Act as they apply
to the geographic area; and

``(ii) the Secretary provides the collaborative applicant
with the technical assistance necessary to perform such
responsibilities as such assistance is agreed to by the
collaborative applicant.
``(2) Required actions by a unified funding agency.--A
collaborative applicant that is either selected or designated
as a unified funding agency for a geographic area under
paragraph (1) shall--
``(A) require each project sponsor who is funded by a grant
received under subtitle C to establish such fiscal control
and fund accounting procedures as may be necessary to assure
the proper disbursal of, and accounting for, Federal funds
awarded to the project sponsor under subtitle C in order to
ensure that all financial transactions carried out under
subtitle C are conducted, and records maintained, in
accordance with generally accepted accounting principles; and
``(B) arrange for an annual survey, audit, or evaluation of
the financial records of each project carried out by a
project sponsor funded by a grant received under subtitle C.
``(h) Conflict of Interest.--No board member of a
collaborative applicant may participate in decisions of the
collaborative applicant concerning the award of a grant, or
provision of other financial benefits, to such member or the
organization that such member represents.''.

SEC. 1103. GENERAL PROVISIONS.

Subtitle A of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended by inserting after
section 403 (as so redesignated by section 1101(2) of this
division) the following new sections:

``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.

``(a) In General.--After the expiration of the 2-year
period that begins upon the date of the enactment of the
Homeless Emergency Assistance and Rapid Transition to Housing
Act of 2009, and except as provided in subsection (b), any
project sponsor receiving funds under this title to provide
emergency shelter, transitional housing, or permanent housing
to families with children under age 18 shall not deny
admission to any family based on the age of any child under
age 18.
``(b) Exception.--Notwithstanding the requirement under
subsection (a), project sponsors of transitional housing
receiving funds under this title may target transitional
housing resources to families with children of a specific age
only if the project sponsor--
``(1) operates a transitional housing program that has a
primary purpose of implementing an evidence-based practice
that requires that housing units be targeted to families with
children in a specific age group; and
``(2) provides such assurances, as the Secretary shall
require, that an equivalent appropriate alternative living
arrangement for the whole family or household unit has been
secured.

``SEC. 405. TECHNICAL ASSISTANCE.

``(a) In General.--The Secretary shall make available
technical assistance to private nonprofit organizations and
other nongovernmental entities, States, metropolitan cities,
urban counties, and counties that are not urban counties, to
implement effective planning processes for preventing and
ending homelessness, to improve their capacity to prepare
collaborative applications, to prevent the separation of
families in emergency shelter or other housing programs, and
to adopt and provide best practices in housing and services
for persons experiencing homeless.
``(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. 1104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION
BY VICTIM SERVICE PROVIDERS.

Subtitle A of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.), as amended by the preceding
provisions of this title, is further amended by adding at the
end the following new section:

``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION
BY VICTIM SERVICE PROVIDERS.

``In the course of awarding grants or implementing programs
under this title, the Secretary shall instruct any victim
service provider that is a recipient or subgrantee not to
disclose for purposes of the Homeless Management Information
System any personally identifying information about any
client. The Secretary may, after public notice and comment,
require or ask such recipients and subgrantees to disclose
for purposes of the Homeless Management Information System
non-personally identifying information that has been de-
identified, encrypted, or otherwise encoded. Nothing in this
section shall be construed to supersede any provision of any
Federal, State, or local law that provides greater protection
than this subsection for victims of domestic violence, dating
violence, sexual assault, or stalking.''.

SEC. 1105. AUTHORIZATION OF APPROPRIATIONS.

Subtitle A of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.), as amended by the preceding
provisions of this title, is further amended by adding at the
end the following new section:

``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this
title $2,200,000,000 for fiscal year 2010 and such sums as
may be necessary for fiscal year 2011.''.

TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

SEC. 1201. GRANT ASSISTANCE.

Subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:

``Subtitle B--Emergency Solutions Grants Program'';

(2) by striking section 417 (42 U.S.C. 11377);
(3) by redesignating sections 413 through 416 (42 U.S.C.
11373-6) as sections 414 through 417, respectively; and
(4) by striking section 412 (42 U.S.C. 11372) and inserting
the following:

``SEC. 412. GRANT ASSISTANCE.

``The Secretary shall make grants to States and local
governments (and to private nonprofit organizations providing
assistance to persons experiencing homelessness or at risk of
homelessness, in the case of grants

[[Page S5035]]

made with reallocated amounts) for the purpose of carrying
out activities described in section 415.

``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.

``(a) In General.--Of the amount made available to carry
out this subtitle and subtitle C for a fiscal year, the
Secretary shall allocate nationally 20 percent of such amount
for activities described in section 415. The Secretary shall
be required to certify that such allocation will not
adversely affect the renewal of existing projects under this
subtitle and subtitle C for those individuals or families who
are homeless.
``(b) Allocation.--An entity that receives a grant under
section 412, and serves an area that includes 1 or more
geographic areas (or portions of such areas) served by
collaborative applicants that submit applications under
subtitle C, shall allocate the funds made available through
the grant to carry out activities described in section 415,
in consultation with the collaborative applicants.''; and
(5) in section 414(b) (42 U.S.C. 11373(b)), as so
redesignated by paragraph (3) of this section, by striking
``amounts appropriated'' and all that follows through ``for
any'' and inserting ``amounts appropriated under section 408
and made available to carry out this subtitle for any''.

SEC. 1202. ELIGIBLE ACTIVITIES.

The McKinney-Vento Homeless Assistance Act is amended by
striking section 415 (42 U.S.C. 11374), as so redesignated by
section 1201(3) of this division, and inserting the following
new section:

``SEC. 415. ELIGIBLE ACTIVITIES.

``(a) In General.--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 related to
emergency shelter or street outreach, including services
concerned with employment, health, education, family support
services for homeless youth, substance abuse services, victim
services, or mental health services, if--
``(A) such essential services have not been provided by the
local government during any part of the immediately preceding
12-month period or the Secretary determines that the local
government is in a severe financial deficit; or
``(B) the use of assistance under this subtitle would
complement the provision of those essential services.
``(3) Maintenance, operation, insurance, provision of
utilities, and provision of furnishings related to emergency
shelter.
``(4) Provision of rental assistance to provide short-term
or medium-term housing to homeless individuals or families or
individuals or families at risk of homelessness. Such rental
assistance may include tenant-based or project-based rental
assistance.
``(5) Housing relocation or stabilization services for
homeless individuals or families or individuals or families
at risk of homelessness, including housing search, mediation
or outreach to property owners, legal services, credit
repair, providing security or utility deposits, utility
payments, rental assistance for a final month at a location,
assistance with moving costs, or other activities that are
effective at--
``(A) stabilizing individuals and families in their current
housing; or
``(B) quickly moving such individuals and families to other
permanent housing.
``(b) Maximum Allocation for Emergency Shelter
Activities.--A grantee of assistance provided under section
412 for any fiscal year may not use an amount of such
assistance for activities described in paragraphs (1) through
(3) of subsection (a) that exceeds the greater of--
``(1) 60 percent of the aggregate amount of such assistance
provided for the grantee for such fiscal year; or
``(2) the amount expended by such grantee for such
activities during fiscal year most recently completed before
the effective date under section 1503 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009.''.

SEC. 1203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION
SYSTEM.

Section 416 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11375), as so redesignated by section 1201(3) of
this division, is amended by adding at the end the following
new subsection:
``(f) Participation in HMIS.--The Secretary shall ensure
that recipients of funds under this subtitle ensure the
consistent participation by emergency shelters and
homelessness prevention and rehousing programs in any
applicable community-wide homeless management information
system.''.

SEC. 1204. ADMINISTRATIVE PROVISION.

Section 418 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11378) is amended by striking ``5 percent'' and
inserting ``7.5 percent''.

SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES.

Not later than the expiration of the 12-month period
beginning on the date of the enactment of this division, the
Comptroller General of the United States shall--
(1) conduct a study to examine the appropriate
administrative costs for administering the program authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.); and
(2) submit to Congress a report on the findings of the
study required under paragraph (1).

TITLE III--CONTINUUM OF CARE PROGRAM

SEC. 1301. CONTINUUM OF CARE.

The McKinney-Vento Homeless Assistance Act is amended--
(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 sections 421 and 422 (42 U.S.C. 11381 and
11382) and inserting the following new sections:

``SEC. 421. PURPOSES.

``The purposes of this subtitle are--
``(1) to promote community-wide commitment to the goal of
ending homelessness;
``(2) to provide funding for efforts by nonprofit providers
and State and local governments to quickly rehouse homeless
individuals and families while minimizing the trauma and
dislocation caused to individuals, families, and communities
by homelessness;
``(3) to promote access to, and effective utilization of,
mainstream programs described in section 203(a)(7) and
programs funded with State or local resources; and
``(4) to optimize self-sufficiency among individuals and
families experiencing homelessness.

``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.

``(a) Projects.--The Secretary shall award grants, on a
competitive basis, and using the selection criteria described
in section 427, to carry out eligible activities under this
subtitle for projects that meet the program requirements
under section 426, either by directly awarding funds to
project sponsors or by awarding funds to unified funding
agencies.
``(b) Notification of Funding Availability.--The Secretary
shall release a notification of funding availability for
grants awarded under this subtitle for a fiscal year not
later than 3 months after the date of the enactment of the
appropriate Act making appropriations for the Department of
Housing and Urban Development for such fiscal year.
``(c) Applications.--
``(1) Submission to the secretary.--To be eligible to
receive a grant under subsection (a), a project sponsor or
unified funding agency in a geographic area shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require, and containing such information
as the Secretary determines necessary--
``(A) to determine compliance with the program requirements
and selection criteria under this subtitle; and
``(B) to establish priorities for funding projects in the
geographic area.
``(2) Announcement of awards.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall announce, within 5 months after the last
date for the submission of applications described in this
subsection for a fiscal year, the grants conditionally
awarded under subsection (a) for that fiscal year.
``(B) Transition.--For a period of up to 2 years beginning
after the effective date under section 1503 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009, the Secretary shall announce, within 6 months after the
last date for the submission of applications described in
this subsection for a fiscal year, the grants conditionally
awarded under subsection (a) for that fiscal year.
``(d) Obligation, Distribution, and Utilization of Funds.--
``(1) Requirements for obligation.--
``(A) In general.--Not later than 9 months after the
announcement referred to in subsection (c)(2), each recipient
or project sponsor shall meet all requirements for the
obligation of those funds, including site control, matching
funds, and environmental review requirements, except as
provided in subparagraphs (B) and (C).
``(B) Acquisition, rehabilitation, or construction.--Not
later than 24 months after the announcement referred to in
subsection (c)(2), 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 subsection (c)(2) shall meet all
requirements for the obligation of those funds, including
site control, matching funds, and environmental review
requirements.
``(C) Extensions.--At the discretion of the Secretary, and
in compelling circumstances, the Secretary may extend the
date by which a recipient or project sponsor shall meet the
requirements described in subparagraphs (A) and (B) if the
Secretary determines that compliance with the requirements
was delayed due to factors beyond the reasonable control of
the recipient or project sponsor. Such factors may include
difficulties in obtaining site control for a proposed
project, completing the process of obtaining secure financing
for the project, obtaining approvals from State or local
governments, or completing the technical submission
requirements for the project.
``(2) Obligation.--Not later than 45 days after a recipient
or project sponsor meets the requirements described in
paragraph (1), the Secretary shall obligate the funds for the
grant involved.
``(3) Distribution.--A recipient that receives funds
through such a grant--

[[Page S5036]]

``(A) shall distribute the funds to project sponsors (in
advance of expenditures by the project sponsors); and
``(B) shall distribute the appropriate portion of the funds
to a project sponsor not later than 45 days after receiving a
request for such distribution from the project sponsor.
``(4) Expenditure of funds.--The Secretary may establish a
date by which funds made available through a grant announced
under subsection (c)(2) for a homeless assistance project
shall be entirely expended by the recipient or project
sponsors involved. The date established under this paragraph
shall not occur before the expiration of the 24-month period
beginning on the date that funds are obligated for activities
described under paragraphs (1) or (2) of section 423(a). The
Secretary shall recapture the funds not expended by such
date. The Secretary shall reallocate the funds for another
homeless assistance and prevention project that meets the
requirements of this subtitle to be carried out, if possible
and appropriate, in the same geographic area as the area
served through the original grant.
``(e) Renewal Funding for Unsuccessful Applicants.--The
Secretary may renew funding for a specific project previously
funded under this subtitle that the Secretary determines
meets the purposes of this subtitle, and was included as part
of a total application that met the criteria of subsection
(c), even if the application was not selected to receive
grant assistance. The Secretary may renew the funding for a
period of not more than 1 year, and under such conditions as
the Secretary determines to be appropriate.
``(f) Considerations in Determining Renewal Funding.--When
providing renewal funding for leasing, operating costs, or
rental assistance for permanent housing, the Secretary shall
make adjustments proportional to increases in the fair market
rents in the geographic area.
``(g) More Than 1 Application for a Geographic Area.--If
more than 1 collaborative applicant applies for funds for a
geographic area, the Secretary shall award funds to the
collaborative applicant with the highest score based on the
selection criteria set forth in section 427.
``(h) Appeals.--
``(1) In general.--The Secretary shall establish a timely
appeal procedure for grant amounts awarded or denied under
this subtitle pursuant to a collaborative application or solo
application for funding.
``(2) Process.--The Secretary shall ensure that the
procedure permits appeals submitted by entities carrying out
homeless housing and services projects (including emergency
shelters and homelessness prevention programs), and all other
applicants under this subtitle.
``(i) Solo Applicants.--A solo applicant may submit an
application to the Secretary for a grant under subsection (a)
and be awarded such grant on the same basis as such grants
are awarded to other applicants based on the criteria
described in section 427, but only if the Secretary
determines that the solo applicant has attempted to
participate in the continuum of care process but was not
permitted to participate in a reasonable manner. The
Secretary may award such grants directly to such applicants
in a manner determined to be appropriate by the Secretary.
``(j) Flexibility to Serve Persons Defined as Homeless
Under Other Federal Laws.--
``(1) In general.--A collaborative applicant may use not
more than 10 percent of funds awarded under this subtitle
(continuum of care funding) for any of the types of eligible
activities specified in paragraphs (1) through (7) of section
423(a) to serve families with children and youth defined as
homeless under other Federal statutes, or homeless families
with children and youth defined as homeless under section
103(a)(6), but only if the applicant demonstrates that the
use of such funds is of an equal or greater priority or is
equally or more cost effective in meeting the overall goals
and objectives of the plan submitted under section
427(b)(1)(B), especially with respect to children and
unaccompanied youth.
``(2) Limitations.--The 10 percent limitation under
paragraph (1) shall not apply to collaborative applicants in
which the rate of homelessness, as calculated in the most
recent point in time count, is less than one-tenth of 1
percent of total population.
``(3) Treatment of certain populations.--
``(A) In general.--Notwithstanding section 103(a) and
subject to subparagraph (B), funds awarded under this
subtitle may be used for eligible activities to serve
unaccompanied youth and homeless families and children
defined as homeless under section 103(a)(6) only pursuant to
paragraph (1) of this subsection and such families and
children shall not otherwise be considered as homeless for
purposes of this subtitle.
``(B) At risk of homelessness.--Subparagraph (A) may not be
construed to prevent any unaccompanied youth and homeless
families and children defined as homeless under section
103(a)(6) from qualifying for, and being treated for purposes
of this subtitle as, at risk of homelessness or from
eligibility for any projects, activities, or services carried
out using amounts provided under this subtitle for which
individuals or families that are at risk of homelessness are
eligible.''.

SEC. 1302. 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 to carry out projects that
serve homeless individuals or families that consist of one or
more of the following eligible activities:
``(1) Construction of new housing units to provide
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 property, not
owned by the recipient or project sponsor involved, for use
in providing transitional or permanent housing, or providing
supportive services.
``(4) Provision of rental assistance to provide
transitional or permanent housing to eligible persons. The
rental assistance may include tenant-based, project-based, or
sponsor-based rental assistance. Project-based rental
assistance, sponsor-based rental assistance, and operating
cost assistance contracts carried out by project sponsors
receiving grants under this section may, at the discretion of
the applicant and the project sponsor, have an initial term
of 15 years, with assistance for the first 5 years paid with
funds authorized for appropriation under this Act, and
assistance for the remainder of the term treated as a renewal
of an expiring contract as provided in section 429. Project-
based rental assistance may include rental assistance to
preserve existing permanent supportive housing for homeless
individuals and families.
``(5) Payment of operating costs for housing units assisted
under this subtitle or for the preservation of housing that
will serve homeless individuals and families and for which
another form of assistance is expiring or otherwise no longer
available.
``(6) Supportive services for individuals and families who
are currently homeless, who have been homeless in the prior
six months but are currently residing in permanent housing,
or who were previously homeless and are currently residing in
permanent supportive housing.
``(7) Provision of rehousing services, including housing
search, mediation or outreach to property owners, credit
repair, providing security or utility deposits, rental
assistance for a final month at a location, assistance with
moving costs, or other activities that--
``(A) are effective at moving homeless individuals and
families immediately into housing; or
``(B) may benefit individuals and families who in the prior
6 months have been homeless, but are currently residing in
permanent housing.
``(8) In the case of a collaborative applicant that is a
legal entity, performance of the duties described under
section 402(f)(3).
``(9) Operation of, participation in, and ensuring
consistent participation by project sponsors in, a community-
wide homeless management information system.
``(10) In the case of a collaborative applicant that is a
legal entity, payment of administrative costs related to
meeting the requirements described in paragraphs (1) and (2)
of section 402(f), for which the collaborative applicant may
use not more than 3 percent of the total funds made available
in the geographic area under this subtitle for such costs.
``(11) In the case of a collaborative applicant that is a
unified funding agency under section 402(g), payment of
administrative costs related to meeting the requirements of
that section, for which the unified funding agency may use
not more than 3 percent of the total funds made available in
the geographic area under this subtitle for such costs, in
addition to funds used under paragraph (10).
``(12) Payment of administrative costs to project sponsors,
for which each project sponsor may use not more than 10
percent of the total funds made available to that project
sponsor through this subtitle for such costs.
``(b) Minimum Grant Terms.--The Secretary may impose
minimum grant terms of up to 5 years for new projects
providing permanent housing.
``(c) Use Restrictions.--
``(1) Acquisition, rehabilitation, and new construction.--A
project that consists of activities described in paragraph
(1) or (2) of subsection (a) shall be operated for the
purpose specified in the application submitted for the
project under section 422 for not less than 15 years.
``(2) Other activities.--A project that consists of
activities described in any of paragraphs (3) through (12) of
subsection (a) shall be operated for the purpose specified in
the application submitted for the project under section 422
for the duration of the grant period involved.
``(3) Conversion.--If the recipient or project sponsor
carrying out a project that provides transitional or
permanent housing submits a request to the Secretary to carry
out instead a project for the direct benefit of low-income
persons, and the Secretary determines that the initial
project is no longer needed to provide transitional or
permanent housing, the Secretary may approve the project
described in the request and authorize the recipient or
project sponsor to carry out that project.

[[Page S5037]]

``(d) Repayment of Assistance and Prevention of Undue
Benefits.--
``(1) Repayment.--If a recipient or project sponsor
receives assistance under section 422 to carry out a project
that consists of activities described in paragraph (1) or (2)
of subsection (a) and the project ceases to provide
transitional or permanent housing--
``(A) earlier than 10 years after operation of the project
begins, the Secretary shall require the recipient or project
sponsor to repay 100 percent of the assistance; or
``(B) not earlier than 10 years, but earlier than 15 years,
after operation of the project begins, the Secretary shall
require the recipient or project sponsor to 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.
``(2) Prevention of undue benefits.--Except as provided in
paragraph (3), if any property is used for a project that
receives assistance under subsection (a) and consists of
activities described in paragraph (1) or (2) of subsection
(a), and the sale or other disposition of the property occurs
before the expiration of the 15-year period beginning on the
date that operation of the project begins, the recipient or
project sponsor who received the assistance shall comply with
such terms and conditions as the Secretary may prescribe to
prevent the recipient or project sponsor from unduly
benefitting from such sale or disposition.
``(3) Exception.--A recipient or project sponsor shall not
be required to make the repayments, and comply with the terms
and conditions, required under paragraph (1) or (2) if--
``(A) the sale or disposition of the property used for the
project results in the use of the property for the direct
benefit of very low-income persons;
``(B) all of the proceeds of the sale or disposition are
used to provide transitional or permanent housing meeting the
requirements of this subtitle;
``(C) project-based rental assistance or operating cost
assistance from any Federal program or an equivalent State or
local program is no longer made available and the project is
meeting applicable performance standards, provided that the
portion of the project that had benefitted from such
assistance continues to meet the tenant income and rent
restrictions for low-income units under section 42(g) of the
Internal Revenue Code of 1986; or
``(D) there are no individuals and families in the
geographic area who are homeless, in which case the project
may serve individuals and families at risk of homelessness.
``(e) Staff Training.--The Secretary may allow reasonable
costs associated with staff training to be included as part
of the activities described in subsection (a).
``(f) Eligibility for Permanent Housing.--Any project that
receives assistance under subsection (a) and that provides
project-based or sponsor-based permanent housing for homeless
individuals or families with a disability, including projects
that meet the requirements of subsection (a) and subsection
(d)(2)(A) of section 428 may also serve individuals who had
previously met the requirements for such project prior to
moving into a different permanent housing project.
``(g) Administration of Rental Assistance.--Provision of
permanent housing rental assistance shall be administered by
a State, unit of general local government, or public housing
agency.''.

SEC. 1303. HIGH PERFORMING COMMUNITIES.

The McKinney-Vento Homeless Assistance Act is amended by
striking section 424 (42 U.S.C. 11384) and inserting the
following:

``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.

``(a) Designation as a High-Performing Community.--
``(1) In general.--The Secretary shall designate, on an
annual basis, which collaborative applicants represent high-
performing communities.
``(2) Consideration.--In determining whether to designate a
collaborative applicant as a high-performing community under
paragraph (1), the Secretary shall establish criteria to
ensure that the requirements described under paragraphs
(1)(B) and (2)(B) of subsection (d) are measured by comparing
homeless individuals and families under similar
circumstances, in order to encourage projects in the
geographic area to serve homeless individuals and families
with more severe barriers to housing stability.
``(3) 2-year phase in.--In each of the first 2 years after
the effective date under section 1503 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009, the Secretary shall designate not more than 10
collaborative applicants as high-performing communities.
``(4) Excess of qualified applicants.--If, during the 2-
year period described under paragraph (2), more than 10
collaborative applicants could qualify to be designated as
high-performing communities, the Secretary shall designate
the 10 that have, in the discretion of the Secretary, the
best performance based on the criteria described under
subsection (d).
``(5) Time limit on designation.--The designation of any
collaborative applicant as a high-performing community under
this subsection shall be effective only for the year in which
such designation is made. The Secretary, on an annual basis,
may renew any such designation.
``(b) Application.--
``(1) In general.--A collaborative applicant seeking
designation as a high-performing community under subsection
(a) shall submit an application to the Secretary at such
time, and in such manner as the Secretary may require.
``(2) Content of application.--In any application submitted
under paragraph (1), a collaborative applicant shall include
in such application--
``(A) a report showing how any money received under this
subtitle in the preceding year was expended; and
``(B) information that such applicant can meet the
requirements described under subsection (d).
``(3) Publication of application.--The Secretary shall--
``(A) publish any report or information submitted in an
application under this section in the geographic area
represented by the collaborative applicant; and
``(B) seek comments from the public as to whether the
collaborative applicant seeking designation as a high-
performing community meets the requirements described under
subsection (d).
``(c) Use of Funds.--Funds awarded under section 422(a) to
a project sponsor who is located in a high-performing
community may be used--
``(1) for any of the eligible activities described in
section 423; or
``(2) for any of the eligible activities described in
paragraphs (4) and (5) of section 415(a).
``(d) Definition of High-Performing Community.--For
purposes of this section, the term `high-performing
community' means a geographic area that demonstrates through
reliable data that all five of the following requirements are
met for that geographic area:
``(1) Term of homelessness.--The mean length of episodes of
homelessness for that geographic area--
``(A) is less than 20 days; or
``(B) for individuals and families in similar circumstances
in the preceding year was at least 10 percent less than in
the year before.
``(2) Families leaving homelessness.--Of individuals and
families--
``(A) who leave homelessness, fewer than 5 percent of such
individuals and families become homeless again at any time
within the next 2 years; or
``(B) in similar circumstances who leave homelessness, the
percentage of such individuals and families who become
homeless again within the next 2 years has decreased by at
least 20 percent from the preceding year.
``(3) Community action.--The communities that compose the
geographic area have--
``(A) actively encouraged homeless individuals and families
to participate in homeless assistance services available in
that geographic area; and
``(B) included each homeless individual or family who
sought homeless assistance services in the data system used
by that community for determining compliance with this
subsection.
``(4) Effectiveness of previous activities.--If recipients
in the geographic area have used funding awarded under
section 422(a) for eligible activities described under
section 415(a) in previous years based on the authority
granted under subsection (c), that such activities were
effective at reducing the number of individuals and families
who became homeless in that community.
``(5) Flexibility to serve persons defined as homeless
under other federal laws.--With respect to collaborative
applicants exercising the authority under section 422(j) to
serve homeless families with children and youth defined as
homeless under other Federal statutes, effectiveness in
achieving the goals and outcomes identified in subsection
427(b)(1)(F) according to such standards as the Secretary
shall promulgate.
``(e) Cooperation Among Entities.--A collaborative
applicant designated as a high-performing community under
this section shall cooperate with the Secretary in
distributing information about successful efforts within the
geographic area represented by the collaborative applicant to
reduce homelessness.''.

SEC. 1304. PROGRAM REQUIREMENTS.

Section 426 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11386) is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Site Control.--The Secretary shall require that each
application include reasonable assurances that the applicant
will own or have control of a site for the proposed project
not later than the expiration of the 12-month period
beginning upon notification of an award for grant assistance,
unless the application proposes providing supportive housing
assistance under section 423(a)(3) or housing that will
eventually be owned or controlled by the families and
individuals served. An applicant may obtain ownership or
control of a suitable site different from the site specified
in the application. If any recipient or project sponsor fails
to obtain ownership or control of the site within 12 months
after notification of an award for grant assistance, the
grant shall be recaptured and reallocated under this
subtitle.
``(b) Required Agreements.--The Secretary may not provide
assistance for a proposed project under this subtitle unless
the collaborative applicant involved agrees--

[[Page S5038]]

``(1) to ensure the operation of the project in accordance
with the provisions of this subtitle;
``(2) to monitor and report to the Secretary the progress
of the project;
``(3) to ensure, to the maximum extent practicable, that
individuals and families experiencing homelessness are
involved, through employment, provision of volunteer
services, or otherwise, in constructing, rehabilitating,
maintaining, and operating facilities for the project and in
providing supportive services for the project;
``(4) to require certification from all project sponsors
that--
``(A) they will maintain the confidentiality of records
pertaining to any individual or family provided family
violence prevention or treatment services through the
project;
``(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
responsible for the operation of such project;
``(C) they will establish policies and practices that are
consistent with, and do not restrict the exercise of rights
provided by, subtitle B of title VII, and other laws relating
to the provision of educational and related services to
individuals and families experiencing homelessness;
``(D) in the case of programs that provide housing or
services to families, they will designate a staff person to
be responsible for ensuring that children being served in the
program are enrolled in school and connected to appropriate
services in the community, including early childhood programs
such as Head Start, part C of the Individuals with
Disabilities Education Act, and programs authorized under
subtitle B of title VII of this Act (42 U.S.C. 11431 et
seq.); and
``(E) they will provide data and reports as required by the
Secretary pursuant to the Act;
``(5) if a collaborative applicant is a unified funding
agency under section 402(g) and receives funds under subtitle
C to carry out the payment of administrative costs described
in section 423(a)(11), to establish such fiscal control and
fund accounting procedures as may be necessary to assure the
proper disbursal of, and accounting for, such funds in order
to ensure that all financial transactions carried out with
such funds are conducted, and records maintained, in
accordance with generally accepted accounting principles;
``(6) to monitor and report to the Secretary the provision
of matching funds as required by section 430;
``(7) to take the educational 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 as possible to their school
of origin so as not to disrupt such children's education; and
``(8) to comply with such other terms and conditions as the
Secretary may establish to carry out this subtitle in an
effective and efficient manner.'';
(2) by redesignating subsection (d) as subsection (c);
(3) in the first sentence of subsection (c) (as so
redesignated by paragraph (2) of this subsection), by
striking ``recipient'' and inserting ``recipient or project
sponsor'';
(4) by striking subsection (e);
(5) by redesignating subsections (f), (g), and (h), as
subsections (d), (e), and (f), respectively;
(6) in the first sentence of subsection (e) (as so
redesignated by paragraph (5) of this section), by striking
``recipient'' each place it appears and inserting ``recipient
or project sponsor'';
(7) by striking subsection (i); and
(8) by redesignating subsection (j) as subsection (g).

SEC. 1305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND
FUNDING.

The McKinney-Vento Homeless Assistance Act is amended--
(1) by repealing section 429 (42 U.S.C. 11389); and
(2) by redesignating sections 427 and 428 (42 U.S.C. 11387,
11388) as sections 432 and 433, respectively; and
(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 geographic
areas based on criteria established by the Secretary.
``(b) Required Criteria.--
``(1) In general.--The criteria established under
subsection (a) shall include--
``(A) the previous performance of the recipient regarding
homelessness, including performance related to funds provided
under section 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 Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, shall receive full credit for
performance under this subparagraph), measured by criteria
that shall be announced by the Secretary, that shall take
into account barriers faced by individual homeless people,
and that shall include--
``(i) the length of time individuals and families remain
homeless;
``(ii) the extent to which individuals and families who
leave homelessness experience 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);
``(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 individuals 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 families 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 relevant subpopulations;
``(II) incorporate comprehensive strategies for reducing
homelessness, including the interventions referred to in
section 428(d);
``(III) set quantifiable performance measures;
``(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 implementation of specific strategies; and

``(v) whether the recipient proposes to exercise authority
to use funds under section 422(j), and if so, how the
recipient will achieve the goals and outcomes identified 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 information and analysis
to determine the extent to which each project has resulted in
rapid return to permanent housing for those served by the
project, taking into account the severity of barriers faced
by the people the project serves;
``(ii) considers the full range of opinions from
individuals or entities with knowledge of homelessness in the
geographic 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 entities that have not
previously received funds under this subtitle;
``(D) the extent to which the amount of assistance to be
provided under this subtitle to the recipient will be
supplemented with resources 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 recipient with the
other Federal, State, local, private, 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 homeless families with children
and youth defined as homeless under other Federal statutes,
program goals and outcomes, which shall include--
``(i) preventing homelessness among the subset of such
families with children and youth who are at highest risk of
becoming 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 emergency shelter,
through the provision of eligible assistance that directly
contributes to achieving such results including assistance to
address chronic disabilities, chronic physical health or
mental health conditions, substance addiction, histories of
domestic violence or childhood abuse, or multiple barriers to
employment; and
``(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 criteria established under
paragraph (1) shall also include the need within the
geographic area for homeless services, determined as follows
and under the following conditions:
``(A) Notice.--The Secretary shall inform each
collaborative applicant, at a time concurrent with the
release of the notice of funding availability for the grants,
of the pro

[[Page S5039]]

rata estimated 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 2009, that is based upon factors that are
appropriate to allocate funds to meet the goals and
objectives of this subtitle.
``(ii) Combinations or consortia.--For a collaborative
applicant that represents a combination or consortium of
cities or counties, the estimated need amount shall be the
sum of the estimated need amounts for the cities or counties
represented by the collaborative applicant.
``(iii) Authority of secretary.--Subject to the
availability of appropriations, the Secretary shall increase
the estimated 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)).
``(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 determines 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 Housing 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.
``(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 available 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 subsection (d)(2)(A).
``(4) Suspension.--The requirement established in paragraph
(1) shall be suspended for any year in which funding
available for grants under this subtitle after making the
allocation established in paragraph (1) would not be
sufficient to renew for 1 year all existing grants that would
otherwise be fully funded under this subtitle.
``(5) Termination.--The requirement established in
paragraph (1) shall terminate upon a finding by the Secretary
that since the beginning of 2001 at least 150,000 new units
of permanent housing for homeless individuals and families
with disabilities have been funded under this subtitle.
``(b) Set-Aside for Permanent Housing for Homeless Families
With Children.--From the 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 acquisition, construction, or
rehabilitation activities for the development of permanent
housing or transitional housing.
``(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 homelessness generally, reducing
homelessness for a specific 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 reducing homelessness
for a specific subpopulation includes--
``(A) permanent supportive housing for chronically homeless
individuals and families;
``(B) for homeless families, rapid rehousing services,
short-term flexible subsidies to overcome barriers to
rehousing, support services concentrating on improving
incomes to pay rent, coupled with performance measures
emphasizing rapid and permanent rehousing and with leveraging
funding from mainstream family service systems such as
Temporary Assistance 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, reducing homelessness for a specific
subpopulation, or achieving homeless prevention and
independent living goals as set forth in section
427(b)(1)(F).
``(3) Balance of incentives for proven strategies.--To the
extent practicable, in providing bonuses or incentives for
proven strategies, 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 specifically discourage
collaborative applicants from exercising their flexibility to
serve families with children and youth defined as homeless
under other Federal statutes.
``(e) Incentives for Successful Implementation of Proven
Strategies.--If any geographic area demonstrates that it has
fully implemented any of the activities described in
subsection (d) for all homeless individuals 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 subsection (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.--Renewal of expiring contracts for
leasing, rental assistance, or operating costs for permanent
housing contracts may be funded either--
``(1) under the appropriations account for this title; or
``(2) the section 8 project-based rental assistance
account.
``(b) Renewals.--The sums made available under subsection
(a) shall be available for the renewal of contracts 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 housing 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 2009). 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 requirements 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
contracts under this subtitle in accordance with criteria set
forth in a provision of this subtitle other than this
section.

``SEC. 430. MATCHING FUNDING.

``(a) In General.--A collaborative applicant in a
geographic area in which funds are awarded under this
subtitle 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 1503 of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2009, that shall be made
available in the geographic area in an amount equal to not
less than 25 percent of the funds provided to recipients 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 between the
project sponsor and the other entity that such services will
be provided.
``(c) Countable Activities.--The contributions required
under subsection (a) may consist of--
``(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
consolidated plan 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 unreasonably
withheld. If such certification was unreasonably withheld,
the Secretary shall review such application and determine if
such applicant shall receive funding under this subtitle.''.

[[Page S5040]]

SEC. 1306. RESEARCH.

There is authorized to be appropriated $8,000,000, for each
of fiscal years 2010 and 2011, for research into the efficacy
of interventions for homeless families, to be expended by the
Secretary of Housing and Urban Development over the 2 years
at 3 different sites to provide services for homeless
families and evaluate the effectiveness of such services.

TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

SEC. 1401. RURAL HOUSING STABILITY ASSISTANCE.

Subtitle G of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11408 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:

``Subtitle G--Rural Housing Stability Assistance Program''; and

(2) in section 491--
(A) by striking the section heading and inserting ``RURAL
HOUSING STABILITY GRANT PROGRAM.'';
(B) in subsection (a)--
(i) by striking ``rural homelessness grant program'' and
inserting ``rural housing stability grant program'';
(ii) by inserting ``in lieu of grants under subtitle C''
after ``eligible organizations''; and
(iii) by striking paragraphs (1), (2), and (3), and
inserting the following:
``(1) rehousing or improving the housing situations of
individuals and families who are homeless or in the worst
housing situations in the geographic area;
``(2) stabilizing the housing of individuals and families
who are in imminent danger of losing housing; and
``(3) improving the ability of the lowest-income residents
of the community to afford stable housing.'';
(C) in subsection (b)(1)--
(i) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (I), (J), and (K), respectively; and
(ii) by striking subparagraph (D) and inserting the
following:
``(D) construction of new housing units to provide
transitional or permanent housing to homeless individuals and
families and individuals and families at risk of
homelessness;
``(E) acquisition or rehabilitation of a structure to
provide supportive services or to provide transitional or
permanent housing, other than emergency shelter, to homeless
individuals and families and individuals and families at risk
of homelessness;
``(F) leasing of property, or portions of property, not
owned by the recipient or project sponsor involved, for use
in providing transitional or permanent housing to homeless
individuals and families and individuals and families at risk
of homelessness, or providing supportive services to such
homeless and at-risk individuals and families;
``(G) provision of rental assistance to provide
transitional or permanent housing to homeless individuals and
families and individuals and families at risk of
homelessness, such rental assistance may include tenant-based
or project-based rental assistance;
``(H) payment of operating costs for housing units assisted
under this title;'';
(D) in subsection (b)(2), by striking ``appropriated'' and
inserting ``transferred'';
(E) in subsection (c)--
(i) in paragraph (1)(A), by striking ``appropriated'' and
inserting ``transferred''; and
(ii) in paragraph (3), by striking ``appropriated'' and
inserting ``transferred'';
(F) in subsection (d)--
(i) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(ii) in paragraph (6)--

(I) by striking ``an agreement'' and all that follows
through ``families'' and inserting the following: ``a
description of how individuals and families who are homeless
or who have the lowest incomes in the community will be
involved by the organization''; and
(II) by striking the period at the end, and inserting a
semicolon; and

(iii) by adding at the end the following:
``(7) a description of consultations that took place within
the community to ascertain the most important uses for
funding under this section, including the involvement of
potential beneficiaries of the project; and
``(8) a description of the extent and nature of
homelessness and of the worst housing situations in the
community.'';
(G) by striking subsections (f) and (g) and inserting the
following:
``(f) Matching Funding.--
``(1) In general.--An organization eligible to receive a
grant under subsection (a) shall specify matching
contributions from any source other than a grant awarded
under this subtitle, that shall be made available in the
geographic area in an amount equal to not less than 25
percent of the funds provided for the project or activity,
except that grants for leasing shall not be subject to any
match requirement.
``(2) Limitations on in-kind match.--The cash value of
services provided to the beneficiaries or clients of an
eligible organization by an entity other than the
organization may count toward the contributions in paragraph
(1) only when documented by a memorandum of understanding
between the organization and the other entity that such
services will be provided.
``(3) Countable activities.--The contributions required
under paragraph (1) may consist of--
``(A) funding for any eligible activity described under
subsection (b); and
``(B) subject to paragraph (2), in-kind provision of
services of any eligible activity described under subsection
(b).
``(g) Selection Criteria.--The Secretary shall establish
criteria for selecting recipients of grants under subsection
(a), including--
``(1) the participation of potential beneficiaries of the
project in assessing the need for, and importance of, the
project in the community;
``(2) the degree to which the project addresses the most
harmful housing situations present in the community;
``(3) the degree of collaboration with others in the
community to meet the goals described in subsection (a);
``(4) the performance of the organization in improving
housing situations, taking account of the severity of
barriers of individuals and families served by the
organization;
``(5) for organizations that have previously received
funding under this section, the extent of improvement in
homelessness and the worst housing situations in the
community since such funding began;
``(6) the need for such funds, as determined by the formula
established under section 427(b)(2); and
``(7) any other relevant criteria as determined by the
Secretary.'';
(H) in subsection (h)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``The'' and inserting ``Not later than 18
months after funding is first made available pursuant to the
amendments made by title IV of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2009,
the''; and
(ii) in paragraph (1)(A), by striking ``providing housing
and other assistance to homeless persons'' and inserting
``meeting the goals described in subsection (a)'';
(iii) in paragraph (1)(B), by striking ``address
homelessness in rural areas'' and inserting ``meet the goals
described in subsection (a) in rural areas''; and
(iv) in paragraph (2)--

(I) by striking ``The'' and inserting ``Not later than 24
months after funding is first made available pursuant to the
amendment made by title IV of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2009,
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 respond to homelessness''
and inserting ``meet the goals described in subsection (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 striking ``; or'' and inserting
a semicolon;
(II) in subparagraph (B)(ii), by striking ``rural census
tract.'' and inserting ``county where at least 75 percent of
the population is rural; or''; and
(III) by adding at the end the following:

``(C) any area or community, respectively, located in a
State that has population density of less than 30 persons per
square mile (as reported in the most recent decennial
census), and of which at least 1.25 percent of the total
acreage of such State is under Federal jurisdiction, provided
that no metropolitan city (as such term is defined in section
102 of the Housing and Community Development Act of 1974) in
such State is the sole beneficiary of the grant amounts
awarded under this section.'';
(J) in subsection (l)--
(i) by striking the subsection heading and inserting
``Program Funding.--''; and
(ii) by striking paragraph (1) and inserting the following:
``(1) In general.--The Secretary shall determine the total
amount of funding attributable under section 427(b)(2) to
meet the needs of any geographic area in the Nation that
applies for funding under this section. The Secretary shall
transfer any amounts determined under this subsection from
the Community Homeless Assistance Program and consolidate
such transferred amounts for grants under this section,
except that the Secretary shall transfer an amount not less
than 5 percent of the amount available under subtitle C for
grants under this section. Any amounts so transferred and not
used for grants under this section due to an insufficient
number of applications shall be transferred to be used for
grants under subtitle C.''; and
(K) by adding at the end the following:
``(m) Determination of Funding Source.--For any fiscal
year, in addition to funds awarded under subtitle B, funds
under this title to be used in a city or county shall only be
awarded under either subtitle C or subtitle D.''.

SEC. 1402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE
IN RURAL AREAS.

(a) Study and Report.--Not later than the expiration of the
12-month period beginning on the date of the enactment of
this division, the Comptroller General of the United States
shall conduct a study to examine homelessness and homeless
assistance in rural areas and rural communities and submit a
report to the Congress on the findings and conclusion of the
study. The report shall contain the following matters:
(1) A general description of homelessness, including the
range of living situations

[[Page S5041]]

among homeless individuals and homeless families, in rural
areas and rural communities of the United States, including
tribal lands and colonias.
(2) An estimate of the incidence and prevalence of
homelessness among individuals and families in rural areas
and rural communities of the United States.
(3) An estimate of the number of individuals and families
from rural areas and rural communities who migrate annually
to non-rural areas and non-rural communities for homeless
assistance.
(4) A description of barriers that individuals and families
in and from rural areas and rural communities encounter when
seeking to access homeless assistance programs, and
recommendations for removing such barriers.
(5) A comparison of the rate of homelessness among
individuals and families in and from rural areas and rural
communities compared to the rate of homelessness among
individuals and families in and from non-rural areas and non-
rural communities.
(6) A general description of homeless assistance for
individuals and families in rural areas and rural communities
of the United States.
(7) A description of barriers that homeless assistance
providers serving rural areas and rural communities encounter
when seeking to access Federal homeless assistance programs,
and recommendations for removing such barriers.
(8) An assessment of the type and amount of Federal
homeless assistance funds awarded to organizations serving
rural areas and rural communities and a determination as to
whether such amount is proportional to the distribution of
homeless individuals and families in and from rural areas and
rural communities compared to homeless individuals and
families in non-rural areas and non-rural communities.
(9) An assessment of the current roles of the Department of
Housing and Urban Development, the Department of Agriculture,
and other Federal departments and agencies in administering
homeless assistance programs in rural areas and rural
communities and recommendations for distributing Federal
responsibilities, including homeless assistance program
administration and grantmaking, among the departments and
agencies so that service organizations in rural areas and
rural communities are most effectively reached and supported.
(b) Acquisition of Supporting Information.--In carrying out
the study under this section, the Comptroller General shall
seek to obtain views from the following persons:
(1) The Secretary of Agriculture.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Health and Human Services.
(4) The Secretary of Education.
(5) The Secretary of Labor.
(6) The Secretary of Veterans Affairs.
(7) The Executive Director of the United States Interagency
Council on Homelessness.
(8) Project sponsors and recipients of homeless assistance
grants serving rural areas and rural communities.
(9) Individuals and families in or from rural areas and
rural communities who have sought or are seeking Federal
homeless assistance services.
(10) National advocacy organizations concerned with
homelessness, rural housing, and rural community development.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this division.

TITLE V--REPEALS AND CONFORMING AMENDMENTS

SEC. 1501. REPEALS.

Subtitles D, E, and F of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11391 et seq., 11401 et
seq., and 11403 et seq.) are hereby repealed.

SEC. 1502. CONFORMING AMENDMENTS.

(a) Consolidated Plan.--Section 403(1) of the McKinney-
Vento Homeless Assistance Act (as so redesignated by section
1101(2) of this division), 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 such section as a `comprehensive housing
affordability strategy')''.
(b) Persons Experiencing Homelessness.--Section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as
amended by the preceding provisions of this division, is
further amended by adding at the end the following new
subsection:
``(e) Persons Experiencing Homelessness.--Any references in
this Act to homeless individuals (including homeless persons)
or homeless groups (including homeless persons) shall be
considered to include, and to refer to, individuals
experiencing homelessness or groups experiencing
homelessness, respectively.''.
(c) Rural Housing Stability Assistance.--Title IV of the
McKinney-Vento Homeless Assistance Act is amended by
redesignating subtitle G (42 U.S.C. 11408 et seq.), as
amended by the preceding provisions of this division, as
subtitle D.

SEC. 1503. EFFECTIVE DATE.

Except as specifically provided otherwise in this division,
this division and the amendments made by this division shall
take effect on, and shall apply beginning on--
(1) the expiration of the 18-month period beginning on the
date of the enactment of this division, or
(2) the expiration of the 3-month period beginning upon
publication by the Secretary of Housing and Urban Development
of final regulations pursuant to section 1504,
whichever occurs first.

SEC. 1504. REGULATIONS.

(a) In General.--Not later than 12 months after the date of
the enactment of this division, the Secretary of Housing and
Urban Development shall promulgate regulations governing the
operation of the programs that are created or modified by
this division.
(b) Effective Date.--This section shall take effect on the
date of the enactment of this division.

SEC. 1505. AMENDMENT TO TABLE OF CONTENTS.

The table of contents in section 101(b) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11301 note) is
amended by striking the item relating to the heading for
title IV and all that follows through the item relating to
section 492 and inserting the following new items:

``TITLE IV--HOUSING ASSISTANCE

``Subtitle A--General Provisions

``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim
service providers.
``Sec. 408. Authorization of appropriations.

``Subtitle B--Emergency Solutions Grants Program

``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.

``Subtitle C--Continuum of Care Program

``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible
activities.
``Sec. 429. Renewal funding and terms of assistance for permanent
housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.

``Subtitle D--Rural Housing Stability Assistance Program

``Sec. 491. Rural housing stability assistance.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless
persons and for turnkey housing.''.
______