S. 2829

Samaritan Initiative Act of 2004

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2829 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2829

To establish a grant program administered under an agreement among the
Secretaries of Housing and Urban Development, Health and Human
Services, and Veterans Affairs, in consultation with the U.S.
Interagency Council on Homelessness, to address the goal of ending
chronic homelessness through coordinated provision of housing, health
care, mental health and substance abuse treatment, and supportive and
other services, including assistance in accessing non-homeless specific
benefits and services, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 22, 2004

Mr. Allard (for himself and Mrs. Dole) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs

_______________________________________________________________________

A BILL

To establish a grant program administered under an agreement among the
Secretaries of Housing and Urban Development, Health and Human
Services, and Veterans Affairs, in consultation with the U.S.
Interagency Council on Homelessness, to address the goal of ending
chronic homelessness through coordinated provision of housing, health
care, mental health and substance abuse treatment, and supportive and
other services, including assistance in accessing non-homeless specific
benefits and services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Samaritan Initiative Act of 2004''.

SEC. 2. SAMARITAN INITIATIVE.

Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11136 et seq.) is amended by adding at the end the following:

``Subtitle H--Samaritan Initiative

``SEC. 495. PURPOSE.

``The purpose of this subtitle is to authorize competitive grants
for coordinated comprehensive housing, treatment, and support services
to chronically homeless persons--
``(1) to reduce the prevalence of chronic homelessness;
``(2) to support promising strategies to move chronically
homeless persons in urban and rural communities from the
streets to safe, permanent housing;
``(3) to provide for integrated systems of services to
improve the effectiveness of programs serving chronically
homeless persons;
``(4) to promote self-sufficiency and recovery among
chronically homeless persons; and
``(5) to encourage programs serving chronically homeless
persons to promote access to Federal, State, and local non-
homeless specific programs of assistance for which such persons
are eligible.

``SEC. 495A. DEFINITIONS.

``For purposes of this subtitle, the following definitions shall
apply:
``(1) Chronically homeless person.--The term `chronically
homeless person' means an unaccompanied individual with a
disabling condition who--
``(A) has been sleeping in 1 or more places not
meant for human habitation, or in 1 or more emergency
homeless shelters, for longer than 1 year; or
``(B) has had 4 or more periods of homelessness
that, in total, have lasted more than 3 years.
``(2) Disabling condition.--The term `disabling condition'
means a diagnosable substance use disorder, serious mental
illness, developmental disability, or chronic physical illness
or disability, including the co-occurrence of 2 or more of such
conditions, that limits the ability of an individual to work or
perform one or more activities of daily living.
``(3) Eligible entity.--The term `eligible entity' means a
State, unit of general local government, public housing agency,
local workforce investment board, or private nonprofit
organization, including a faith-based or community-based
organization.
``(4) Eligible veteran.--The term `eligible veteran' means
a person who served in the active United States military,
naval, or air service, and who was discharged or released under
conditions other than dishonorable.
``(5) Homeless management information system.--The term
`homeless management information system' shall mean a
computerized data collection application maintained by an
eligible entity, that--
``(A) enumerates the homeless population within the
jurisdiction of the eligible entity and the number of
homeless individuals that received services from the
eligible entity; and
``(B) compiles information on the characteristics
and service needs of homeless individuals.
``(6) Homelessness.--The term `homelessness' means sleeping
in a place not meant for human habitation or in an emergency
homeless shelter.
``(7) Interagency implementation and monitoring team.--The
term `interagency implementation and monitoring team' means the
interagency implementation and monitoring team established
under section 495B(d).
``(8) Participating federal agency.--The term
`participating Federal agency' means the Departments of Housing
and Urban Development, Health and Human Services, and Veterans
Affairs, or any other Federal agency that may receive
appropriations for purposes of participating under the
provisions of this subtitle.
``(9) Private nonprofit organization.--The term `private
nonprofit organization' means a private 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; and
``(C) that has an accounting system or a designated
fiscal agent in accordance with requirements
established by the participating Federal agencies.
``(10) Public housing agency.--The term `public housing
agency' has the same meaning as in section 3(b)(6) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
``(11) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, or any agency or instrumentality
thereof that is established pursuant to legislation and
designated by the chief executive officer to act on behalf of
the State with regard to provisions of this subtitle.
``(12) Unit of general local government.--The term `unit of
general local government' means--
``(A) a city, town, township, county, parish,
village, or other general purpose political subdivision
of a State; and
``(B) any agency or instrumentality thereof that is
established pursuant to legislation and designated by
the chief executive officer to act on behalf of the
jurisdiction with regard to provisions of this
subtitle.

``SEC. 495B. GRANT AUTHORITY AND ADMINISTRATION.

``(a) In General.--The participating Federal agencies shall enter
into a cooperative agreement to make and administer competitive grants
to eligible entities, including faith-based and community-based
organizations, in accordance with the provisions of this subtitle for
the purpose of providing treatment and support services that are
coordinated with the provision of housing for chronically homeless
persons.
``(b) Delegations.--No provision of this subtitle shall limit the
ability of the participating Federal agencies to delegate, assign, or
share administrative responsibilities as the participating Federal
agencies may determine to be necessary or appropriate.
``(c) Coordination Among Participating Federal Agencies.--The
Secretary of Housing and Urban Development shall coordinate with the
participating Federal agencies to implement and administer the grant
program established under this subtitle.
``(d) Interagency Implementation and Monitoring Team.--The
participating Federal agencies shall establish an interagency
implementation and monitoring team to review and conduct oversight of
the award of grants, and the use of grant funds awarded under this
subtitle. Each participating Federal agency shall appoint appropriate
designees to serve on the interagency implementation and monitoring
team.
``(e) Coordination Requirements.--
``(1) In general.--In carrying out this subtitle, the
interagency implementation and monitoring team shall, as
appropriate and to the extent feasible, establish uniform or
coordinated requirements, standards, procedures, and timetables
with respect to--
``(A) application procedures and grant
requirements, including those providing for--
``(i) a single consolidated application
form; and
``(ii) a single timetable, location, and
procedure for filing of a consolidated
application;
``(B) criteria for the award of grants;
``(C) a coordinated process for review and the
approval or denial of the consolidated application;
``(D) the establishment of performance standards
and measures of performance outcomes, including--
``(i) the requirement that the Secretary of
Housing and Urban Development attempt to
quantify the reduction in chronic homelessness;
and
``(ii) the requirement that, where
applicable, the grantees utilize a homeless
management information system;
``(E) oversight, including monitoring, audits, and
evaluations of grantees, and requirements for annual
reports by grantees; and
``(F) such other factors that the interagency
implementation and monitoring team determines are
necessary or appropriate.
``(2) Performance assessment.--
``(A) In general.--The interagency implementation
and monitoring team shall establish such performance
standards, performance measures, and annual reporting
requirements, and make such performance reviews and
audits as may be necessary or appropriate--
``(i) to determine whether a grantee has
carried out its activities in a timely manner
and in accordance with the applicable
requirements of this subtitle;
``(ii) to assess the effectiveness of a
grantee in accomplishing the objectives of this
subtitle; and
``(iii) for other purposes as the
interagency implementation and monitoring team
determines significant with respect to the
performance assessment of a grantee.
``(B) Provision of support and staff.--The
Secretary of Veterans Affairs may provide program
monitoring and evaluation services and staff to
participating Federal agencies. In such cases,
participating Federal agencies may reimburse the
Department of Veterans Affairs for the cost of such
staff and services.
``(f) Provisions and Requirements Applicable to Grants Under This
Subtitle.--
``(1) In general.--A grantee under this subtitle shall
establish and operate a system of assistance to chronically
homeless persons that identifies such persons and provides them
access to affordable permanent housing that is coordinated with
appropriate treatment and support.
``(2) Required grantee activities.--A grantee under this
subtitle shall carry out, directly or through arrangements with
a network of other entities, activities relating to the
housing, treatment, and support of homeless persons, which may
include the following:
``(A) Housing activities.--Eligible activities
specified in section 495C(a) that ensure the placement
of chronically homeless persons in safe, affordable,
permanent housing.
``(B) Treatment and support activities.--Eligible
activities specified in section 495D(a) to address the
multiple physical health, mental health, and substance
abuse treatment needs of chronically homeless persons
who are eligible for or residents in housing under
section 495C(a).
``(C) Service coordination.--Activities, including
those coordinated with local planning bodies, that
promote the access of eligible chronically homeless
persons to a range of services that contribute to self-
sufficiency, recovery, employment, stability in
housing, and access to health care.
``(D) Administration.--Administrative and planning
activities, including the development and
implementation of comprehensive plans for housing and
services at the grantee level with costs not to exceed
6 percent of total costs of carrying out the program
under this subtitle.
``(E) Other services.--Such services and activities
as the participating Federal agencies may find
necessary and appropriate.
``(3) Criteria for grant award.--In awarding grants under
this subtitle, the participating Federal agencies shall
consider--
``(A) the extent to which the applicant
demonstrates an understanding of the unique
characteristics of chronically homeless persons;
``(B) the adequacy of the approach of the applicant
in addressing the needs of the chronically homeless;
``(C) the capacity of the applicant to carry out
and sustain required activities;
``(D) where services are to be provided through a
network of entities, the adequacy of the qualifications
of such entities, and the stated willingness of such
entities, to collaborate and participate in carrying
out proposed activities;
``(E) the extent to which the applicant has been
involved in Federal, State, or local non-homeless
specific programs of assistance that could provide
additional assistance to eligible chronically homeless
persons;
``(F) the commitment and the demonstrated ability
of the applicant to achieve the reduction in the number
of chronically homeless persons; and
``(G) such additional factors as the participating
Federal agencies may determine significant or necessary
with respect to the potential success of the applicant
in carrying out the purposes of this subtitle.
``(4) Initial term of grant.--Notwithstanding any other
provision of law, each grant awarded under this section shall
be for an initial term of 3 years.
``(5) Grant renewal.--Upon the expiration of a grant under
this section, the participating Federal agencies may award, on
a competitive basis, a renewal grant under this subtitle for an
additional 3-year term, subject to the continued qualification
of the grantee for the grant as determined by the participating
Federal agencies. The amount of a renewal grant under this
paragraph may be up to 50 percent of the cost of the activities
to be carried out by the grantee.
``(6) Federal matching.--
``(A) In general.--A grant under this subtitle
shall be available to pay the Federal share of the
costs incurred by the grantee for activities under this
subtitle.
``(B) Federal share.--For purposes of subparagraph
(A), the Federal share shall be--
``(i) 75 percent of the cost of the program
for the first year of the grant;
``(ii) 75 percent for the second year of
the grant; and
``(iii) 50 percent for each succeeding
year, including each year of a renewal grant
term under paragraph (5).
``(C) Non-federal share.--The non-Federal share of
costs incurred by the grantee may be in cash or in-
kind, as appropriate.
``(7) Geographic distribution.--The participating Federal
agencies shall ensure that consideration is given to geographic
distribution (such as urban and rural areas) in the awarding of
grants under subsection (a).
``(8) Disclosure.--Section 12(a) of the Department of
Housing and Urban Development Act (42 U.S.C. 3537a(a)) shall
not apply to this subtitle.
``(g) Authorization of Appropriations.--
``(1)  Fiscal year 2005.--There are authorized to be
appropriated to carry out this subtitle $70,000,000 for fiscal
year 2005, of which--
``(A) $50,000,000 is authorized to be appropriated
to the Department of Housing and Urban Development;
``(B) $10,000,000 is authorized to be appropriated
to the Department of Health and Human Services; and
``(C) Not more than $10,000,000 is authorized from
the amounts to be appropriated to the Department of
Veterans Affairs for treatment of homeless veterans
under medical care to carry out section 495D.
``(2) Fiscal years 2006, 2007, and 2008.--There are
authorized to be appropriated to carry out this subtitle such
sums as may be necessary for each of fiscal years 2006, 2007,
and 2008.
``(h) Authority To Consolidate Funds.--
``(1) In general.--For purposes of carrying out this
subtitle, and in accordance with the agreement under subsection
(a), the participating Federal agencies are authorized to
transfer to the Secretary of Housing and Urban Development
funds appropriated for use under this subtitle, and the
Secretary of Housing and Urban Development may receive such
funds.
``(2) Rule of construction.--Notwithstanding subsection
(g), in the event that funds are not appropriated for use in
accordance with this subtitle to one or more participating
Federal agencies in any fiscal year, paragraph (1) shall not be
construed to require a participating Federal agency that has
been provided with budget authority pursuant to subsection (g)
in a fiscal year to use such budget authority to fund grants
for activities that are not in accordance with the primary
mission of such participating Federal agency.
``(i) Technical Assistance and Support.--In addition to funds
otherwise provided for agency administrative costs, not more than 2
percent of amounts appropriated for the activities under this subtitle
may be used by the participating Federal agencies for administrative
costs, including costs associated with--
``(1) providing technical assistance to applicants and
grantees; and
``(2) providing support and assistance in selecting and
assessing projects to carry out this subtitle, including any
preparation necessary for such selection and assessment.

``SEC. 495C. HOUSING ACTIVITIES.

``(a) Eligible Housing Activities.--Subject to section 495B, a
grant under this subtitle shall be used for activities in support of
permanent housing for chronically homeless persons, including the
following:
``(1) Provision of housing.--
``(A) Acquisition.--The acquisition of occupancy-
ready real property.
``(B) Rehabilitation.--The minor rehabilitation of
real property for housing.
``(C) Operating costs.--The costs of operating a
housing project, including salaries and benefits,
maintenance, insurance, utilities, replacement reserve
accounts, and furnishings.
``(D) Leasing.--Leasing of an existing structure or
structures, or portions thereof to provide housing.
``(E) Housing counseling.--The costs of counseling
and advice services with respect to property
maintenance, financial management, and other such
matters as may be appropriate to assist chronically
homeless persons in obtaining housing.
``(2) Rental assistance.--Project-based or tenant-based
rental assistance for chronically homeless persons, which
assistance shall be provided to the extent practicable, and
administered in the manner provided under the rules and
regulations governing the provision of assistance under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
``(3) Other activities.--Such other activities as the
Secretary of Housing and Urban Development determines to be
appropriate.
``(b) Program Requirements for Housing Activities.--
``(1) Requirements concerning real property.--
``(A) Use restriction.--Each grantee under this
subtitle shall ensure that permanent housing for
chronically homeless persons that are acquired or
rehabilitated with grant amounts under this subtitle is
used for such persons for not less than 10 years.
``(B) Housing quality.--Each grantee under this
subtitle shall ensure that housing assisted with grant
amounts provided under this subtitle is decent, safe,
and sanitary, and complies with all applicable State
and local housing codes, building codes, and licensing
requirements in the jurisdiction in which the housing
is located.
``(C) Prevention of undue benefit.--Subject to
section 495B(e), the Secretary of Housing and Urban
Development may prescribe such terms and conditions as
the Secretary considers necessary to prevent grantees
from unduly benefiting from the sale or other
disposition of projects, other than a sale or other
disposition resulting in the use of a project for the
direct benefit of chronically homeless persons.
``(2) Homeless management information system.--Each grantee
shall be required to provide such information to the
appropriate administrator of the local homeless management
information system, as is necessary for the implementation and
operation of homeless management information systems.

``SEC. 495D. TREATMENT AND SUPPORT SERVICES.

``Subject to section 495B, a grant under this subtitle shall be
used to provide treatment and support services, which may include the
following:
``(1) Primary health services.--Primary health services,
including the following:
``(A) Physician and other services.--Health
services related to family medicine, internal medicine,
pediatrics, obstetrics, or gynecology that are
furnished by physicians and where appropriate,
physicians' assistants, nurse practitioners, or nurse
midwives.
``(B) Diagnostic services.--Diagnostic laboratory
and radiological services.
``(C) Preventive services.--Preventive health
services.
``(D) Emergency services.--Emergency medical
services.
``(E) Access to pharmaceutical services.--Access to
pharmaceutical services.
``(2) Alcohol and drug abuse services.--Services or
activities designed to prevent, deter, reduce, or eliminate
substance abuse or addictive behaviors, including a
comprehensive range of personal and family counseling methods,
early interventions, methadone treatment for opiate abusers, or
detoxification for alcohol and other drug abusers, and
treatment services such as intake and assessment, behavioral
therapy and counseling, clinical and case management,
pharmacotherapies, and self-help and peer support activities.
``(3) Mental health and counseling services.--Mental health
and counseling services, including services and activities that
apply therapeutic processes to personal, family, or situational
problems in order to bring about a positive resolution of the
problem or improved individual functioning or circumstances,
including crisis interventions, individual supportive therapy,
and prescription of psychotropic medications or explanations
about the use and management of medications.
``(4) Outreach and engagement.--Outreach services including
extending services or help to homeless persons to develop a
relationship of trust and engage such persons into appropriate
service programs.
``(5) Information and referral.--Services or activities
designed to provide information about services and assistance
provided through public and private programs, including
Federal, State and local non-homeless targeted programs that
provide or financially support the provision of medical,
social, educational, or other related services, and a brief
assessment of client needs to facilitate appropriate referrals.
``(6) Case management.--Case management services and
activities, including the arrangement, coordination,
monitoring, and delivery of services to meet the needs of
individuals who are homeless, including individual service plan
development, counseling, monitoring, securing and coordinating
services.
``(7) Other services.--Such other services as the Secretary
of Health and Human Services determines appropriate.

``SEC. 495E. VETERANS' BENEFITS.

``Subject to section 495B, the Secretary of Veterans Affairs is
authorized to provide eligible veterans with case management services.

``SEC. 495F. AUTHORITY OF OTHER FEDERAL AGENCIES TO PARTICIPATE UNDER
THIS SUBTITLE.

``Federal agencies other than the participating Federal agencies
may participate in the grant program established under this subtitle to
the extent that funds are appropriated for such purpose to each
agency.''.
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