Public Law 111-22/Division B/Title I

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;

``(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—

``(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. 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.´´.