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Page:United States Statutes at Large Volume 123.djvu/1696

 123STA T . 1 67 6 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (C)provides i nf or mat ion to pro j e c t sponsors and app l icants for needs anal y ses and f u ndin g priorities and ‘‘( D ) is developed in accordance w it h standards esta b- lished by the S ecretary , including standards that provide for — ‘‘(i) encryption of data collected for purposes of HMI S; ‘‘(ii) documentation, including k eeping 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 disclo- sure of data; and ‘‘(vi) such other standards as may be determined necessary by the Secretary . ‘‘(g) UNIF I EDFU NDIN G .— ‘‘( 1 ) IN GENE RAL .—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 dis- tribution 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 respon- sibilities; 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 ) R E Q UIRED A CT I O N SBY A UNIFIED FUNDING AGENCY.— A collaborative applicant that is either selected or designated as a unified funding agency for a geographic area under para- graph (1) shall— ‘‘(A) re q uire 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 nec- essary 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


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Page:United States Statutes at Large Volume 123.djvu/1697

 123STA T . 1 67 7 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9projects po n sor fu n d ed byag rant rece iv ed under subtit l e C.‘ ‘ (h) C ONFLICT OF I NT ER E S T. —N o board m ember of a collabo - rative applicant may participate in decisions of the collaborative applicant concerning the a w ard of a grant , or provision of other financial benefits, to such member or the organi z ation that such member represents. ’ ’. SEC.1 1 03 . G E N E RALP R OVI SIONS. S ubtitle A of the M c K inney- V ento H omeless Assistance Act ( 42U .S.C. 1 1 36 1etse q .) is amended by inserting after section 4 0 3 (as so redesignated by section 1101(2) of this division) the following new sections

‘SEC. 4 04. PREVEN T ING INVOL U NTAR YF A M ILY SEPARATION. ‘‘(a) IN G ENER A L.—After the e x piration of the 2-year period that begins upon the date of the enactment of the Homeless E mer- gency Assistance and R apid T ransition to Housing Act of 200 9, and except as provided in subsection (b), any project sponsor receiving funds under this title to provide emergency shelter, transi- tional housing, or permanent housing to families with children under age 1 8 shall not deny admission to any family based on the age of any child under age 18. ‘‘(b) E X CE P TION.—Notwithstanding the requirement under sub- section (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. 40 5 . TEC H NICAL ASSISTANCE. ‘‘(a) IN GENERAL.—The Secretary shall ma k e available technical assistance to private nonprofit organizations and other nongovern- mental entities, States, metropolitan cities, urban counties, and counties that are not urban counties, to implement effective plan- ning 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 pro- grams, and to adopt and provide best practices in housing and services for persons experiencing homeless. ‘‘(b) RESER V ATION.—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 sub- section (a).’’. SEC. 1104. PROTECTION OF PERSONALLY I D ENTIFYING INFORMATION B Y 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: 42USC1 1 36 1 b.Timep e r i od . 42 USC 11361 a .

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/1698

 123STA T . 1 678PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ SEC.407 . PROT ECT I O N O F PERSON AL L Y I D ENTIFYIN G INFOR M ATION B Y V ICTIM SERVICE PROVIDERS. ‘ ‘ Inthecours eo faw ar di n g grants or i mpl ementing programs under this title , the S ecretar y shall instruct any v ictim service provider that is a recipient or su b grantee not to disclose for purposes of the H omeless M anagement Information System any personally identifying information about any client .T he Secretary may, after public notice and comment, re q uire or as k 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. N othing in this section shall be construed to supersede any provision of any F ederal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating violence, se x ual assault, or stalking. ’ ’. SEC. 1 10 5 .A U T H ORI Z ATION OF APPROPRIATIONS. Subtitle A of the Mc K inney- V ento Homeless Assistance Act (42U .S. C . 1 1 36 1 et seq. ) , as amended by the preceding provisions of this title, is further amended by adding at the end the following new section ‘‘SEC. 40 8 . AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authori z ed to be appropriated to carry out this title $ 2,2 0 0,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.’’. TI T LE II — E M E RG E NCYSO L U TIONS GR A NTS P ROGRAM SEC. 1 2 01. GRANT ASSISTANCE. Subtitle B of title IV of the McKinney-Vento Homeless Assist- ance Act (42 U.S.C. 113 7 1 et seq.) is amended — (1) by striking the subtitle heading and inserting the fol- lowing: ‘ ‘S ubti t leB —E m e rg e ncy S o lution s Gr a nts 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 govern- ments (and to private nonprofit organizations providing assistance to persons experiencing homelessness or at risk of homelessness, in the case of grants made with reallocated amounts) for the purpose of carrying out activities described in section 41 5 . ‘‘SEC. 41 3 . AMOUNT AND ALLOCATION OF ASSISTANCE. ‘‘(a) I NGE NE RAL .— O f the amount made available to carry out this subtitle and subtitle C for a fiscal year, the Secretary shall 42USC1 1 37 2 a. 42 USC 113 6 4. 42 USC 11363.


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Page:United States Statutes at Large Volume 123.djvu/1699

 123STA T . 1 679PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 al l oc a ten at i onall y20p e r cent o fsu c h a m ount for acti v ities d escri b ed in section 415.T he S ecretary shall be re q uired to certify that such allocation w ill not adversely affect the renewal of e x istin g pro j ects under this subtitle and subtitle C for those individuals or families who are homeless. ‘ ‘ ( b )AL L OCATI O N . — 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. 11 37 3(b)), as so redesignated by paragraph (3) of this section, by stri k ing ‘‘amounts appro - priated’’ and all that follows through ‘‘for any’’ and inserting ‘‘amounts appropriated under section 40 8 and made available to carry out this subtitle for any’’. SEC.120 2.E LIG I B LE A C T I V ITIES. The M c K inney- V ento H omeless 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. 4 1 5 . ELIGIBLE ACTIVITIES. ‘‘(a) I N GE NE R AL.—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 utili- ties, and provision of furnishings related to emergency shelter. ‘‘(4) P rovision 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 stabili z ation services for home- less individuals or families or individuals or families at risk of homelessness, including housing search, mediation or out- reach 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 cur- rent housing; or ‘‘(B) quickly moving such individuals and families to other permanent housing. Certif i ca ti on.


text:
The Encyclopedia Americana (1920)/Kirchhoff, Johann Wilhelm Adolf

KIRCHHOFF, kērk'hŏf, Johann Wilhelm Adolf, German writer and classical scholar: b. Berlin, 1826; d. 1908. Educated in his native city he was a teacher in various colleges, finally becoming professor in Berlin University (1865-1908). He was an indefatigable worker in the field of classical philology, linguistics, mythology and antiquities. A great deal of his investigations saw the light in print, hence his publications are many, and all of them are distinguished by depth of thought, excellent judgment and careful and minute investigation. Among the most noteworthy of his published works are ‘Umbrische Sprachde n kmäler’ (1849-51); ‘Die Stadtrecht von Bantia’ (1853); ‘Euripides’ (1855); ‘Die homerische Odyssee und ihre Entstehung’ (1859); ‘Ueber die Entstehungszeit des herodotischen Geschichtswerkes’ (1870); ‘Studien zur Geschichte des griesischen Alphabets’ (1874); ‘Thucydides und sein Uhrkundenmaterial’ (1895), and edited editions of ‘Plotinus’ (1856); ‘Æschylus’ (1880); ‘Respublica Atheniensium’ (1881); ‘Christian Inscriptions.’


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Page:United States Statutes at Large Volume 123.djvu/1700

 123STA T . 1 680PUBLIC LA W 111 – 22 —M A Y 20, 200 9‘ ‘ (b)MAXIMU M AL L OC A T IO NF O RE M E R G ENC YSH ELTER ACTI V I - TIE S.— A grante e of a s s i stan c e p ro v i d ed u nder section 412 for an y fisca l year m ay not use an amount of suc h assistance for activities described in paragraphs (1) through ( 3 ) of subsection (a) that e x ceeds 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 activi- ties during fiscal year most recently completed before the effec- tive date under section 1 5 03 of the H omeless Emergency Assist- ance and R apid T ransition to Housing Act of 200 9 . ’ ’. SEC.1203 . PARTI CIPATI ON IN H O M E L ESS MANA G EMENT IN F ORMATION S Y STEM. Section 416 of the Mc K inney- V ento Homeless Assistance Act (42 U .S. C . 113 7 5) , as so redesignated by section 1201(3) of this division, is amended by adding at the end the follo w ing new sub- section ‘‘(f) P ARTICI P ATION IN HM I S.—The Secretary shall ensure that recipients of funds under this subtitle ensure the consistent partici- pation by emergency shelters and homelessness prevention and rehousing programs in any applicable community-wide homeless management information system.’’. SEC. 120 4 .A D MINISTRATI V E PROVISION. Section 41 8 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11378) is amended by stri k ing ‘‘5 percent’’ and inserting ‘‘7.5 percent’’. SEC. 120 5 .GAOST U DY OF ADMINISTRATIVE FEES. N ot later than the expiration of the 12-month period beginning on the date of the enactment of this division, the Comptroller G eneral of the United States shall— (1) conduct a study to examine the appropriate administra- tive costs for administering the program authori z ed under sub- title B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et se q .); and (2) submit to Congress a report on the findings of the study required under paragraph (1). TI T LE III —CON TIN U U M O F C AR E P RO G RAM 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: ‘ ‘ Subti t le C—C on tinuu m o f C ar e Pro g ram ’ ’ an d (2) by striking sections 421 and 422 (42 U.S.C. 11381 and 11382) and inserting the following new sections: Homel e s s .Grant s. R e p orts. D ea d l i ne.


text: Dictionary of National Biography, 1885-1900/Monthermer, Ralph de


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Page:United States Statutes at Large Volume 123.djvu/1701

 123STA T . 1 68 1 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ SEC.421 . PUR P O SES. ‘ ‘ Thepur p os eso ft h i ssu b tit l e a re — ‘‘ (1) to pro m ote c ommu n it y-w i d e commitment to the g oal of ending homelessness ‘‘( 2 )topro v ide funding for efforts by nonprofit providers and S tate and local governments to q uic k ly rehouse homeless individuals and families while minimi z ing the trauma and dis- location caused to individuals , families, and communities by homelessness; ‘‘( 3 ) to promote access to, and effective utilization of, main- stream programs described in section 2 0 3(a)( 7 ) and programs funded with State or local resources; and ‘‘( 4 ) to optimize self-sufficiency among individuals and fami- lies e x periencing homelessness . ‘‘SEC. 422. CO NTI NUU M O F C A RE APP L ICATIONS AN DG RANTS. ‘‘(a) PROJECTS .—The Secretary shall award grants, on a competitive basis, and using the selection criteria described in sec- tion 427, to carry out eligible activities under this subtitle for pro j ects that meet the program requirements under section 42 6, either by directly awarding funds to project sponsors or by awarding funds to unified funding agencies. ‘‘(b) N OT IF IC A TIO N OF FU N D IN GAV AI L A B ILIT Y .—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 appropria- tions for the D epartment of H ousing and U rban Development for such fiscal year. ‘‘(c) A P PLICATIONS.— ‘‘(1) SUB M ISSION TO T H E 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 require- ments and selection criteria under this subtitle; and ‘‘( B ) to establish priorities for funding projects in the geographic area. ‘‘(2) ANNOUNCEMENT OF A W ARDS.— ‘‘(A) I N GENERAL.— E xcept 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 begin- ning after the effective date under section 1503 of the Homeless Emergency Assistance and R apid Transition to Housing Act of 200 9, the Secretary shall announce, within 6 months after the last date for the submission of applica- tions described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year. ‘‘(d) O BLIGATION, DISTRIBUTION, AND UTILI Z ATION OF FUNDS.— ‘‘(1) RE Q UIREMENTS FOR OBLIGATION.— ‘‘(A) IN GENERAL.—Not later than 9 months after the announcement referred to in subsection (c)(2), each Deadlin e .T i m e p e r i o d. Deadline. Deadline. 42USC1 1 38 2. 42 USC 11381.


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Page:United States Statutes at Large Volume 123.djvu/1702

 123STA T . 1 68 2 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9recip ie nto r pro j ect s ponsor s hal l m eet all re qu irements f ortheo b li g ation of those fun d s , including site control, matching funds, and en v ironmental revie w requirements, e x cept as provided in subparagraphs (B) and ( C ) .‘ ‘(B) ACQUIS I T I ON , REHAB I L ITATION, OR CONSTRUC - TION. —N ot later than 24 months after the announcement referred to in subsection (c)(2), each recipient or project sponsor see k ing 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) EX TENSIONS.—At the discretion of the S ecretar y , 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 reason- able control of the recipient or project sponsor. Such factors may include difficulties in obtaining site control for a pro- posed project, completing the process of obtaining secure financing for the project, obtaining approvals from State or local governments, or completing the technical submis- sion requirements for the project. ‘‘(2) O BLI G ATION.—Not later than 4 5 days after a recipient or project sponsor meets the requirements described in para- graph ( 1 ), the Secretary shall obligate the funds for the grant involved. ‘‘( 3 ) D ISTRIBUTION.—A recipient that receives funds through such a grant— ‘‘(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) EX P EN D ITURE O F FUNDS.— T he 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) R ENE W AL F UNDING FOR U NSUCCESSFUL APPLICANTS.—The Secretary may renew funding for a specific project previously funded under this subtitle that the Secretary determines meets the pur- poses 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 Timep e r i od.D e a d l i n e. Deadline. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/1703

 123STA T . 1 68 3 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9thefundi n g f orap eriod of not m ore than 1y ear , and under s u c h conditions as the S ecretary determines to b e appropriate .‘ ‘ ( f )CONSIDERAT IONS IN D ETER M ININ GR ENE W A LFU NDING. —W hen pro v iding rene w a l funding for leasing, operating costs, or rental assistance for permanent housing, the Secretary shall ma k e ad j ustments proportional to increases in the fair market rents in the geographic area. ‘‘(g) M ORE TH AN1 AP PLI C ATION F ORA G EOGRAPHIC AREA.— I f more than 1 collaborative applicant applies for funds for a geographic area, the Secretary shall award funds to the collabo - rative applicant with the highest score based on the selection cri- teria 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) P ROCESS.—The Secretary shall ensure that the proce- dure permits appeals submitted by entities carrying out home- less 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 applica- tion 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) FLE X I B ILIT Y TO SER V E PERSONS DEFINED AS H OMELESS U NDER O THER FEDERAL L AWS.— ‘‘(1) IN GENERAL.—A collaborative applicant may use not more than 1 0 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 42 3 (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 ofsuchfundsisofane q ual 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 para- graph (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.— N otwithstanding section 103(a) and subject to subparagraph (B), funds awarded under this subtitle may be used for eligible activities to serve unaccom- panied youth and homeless families and children defined as homeless under section 103(a)(6) only pursuant to para- graph (1) of this subsection and such families and children Procedu re s.


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Page:United States Statutes at Large Volume 123.djvu/1704

 123STA T . 1 684PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9shal l not oth erwi se b e c onsi d ered as ho m eless f or pu rposes of this subtitle .‘ ‘ (B)ATRISKOFH O MEL ESS N ESS. —S ubpara g raph (A) ma y not be construed to pre v ent any unaccompanied youth and homeless families and children defined as homeless under section 103 (a)( 6 ) from q ualifying for , and being treated for purposes of this subtitle as, at ris k of homeless - ness or from eligibility for any pro j ects, activities, or serv- ices carried out using amounts provided under this subtitle for which individuals or families that are at risk of homelessness are eligible. ’ ’. SEC.1302 .E LIG I B LE A C T I V ITIES. T he M c K inney- V ento H omeless Assistance Act is amended by striking section 42 3 (42 U .S. C . 113 8 3) and inserting the following new section

‘SEC. 4 23. ELIGIBLE ACTIVITIES. ‘‘(a) I N G ENER A L.—Grants awarded under section 422 to quali- fied applicants shall be used to carry out projects that serve home- less individuals or families that consist of one or more of the following eligible activities: ‘‘(1) Construction of new housing units to provide transi- tional 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) L easing 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) P rovision 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 1 5 years, with assistance for the first 5 years paid with funds authori z ed for appropriation under this Act, and assistance for the remainder of the term treated as a renewal of an e x piring contract as provided in section 42 9 . 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


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Page:United States Statutes at Large Volume 123.djvu/1705

 123STA T . 1 685PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9finalmo n th atalo c ation , a s sistanc ew ith mo v in g costs, o r other activities that —‘ ‘ (A) are effective at moving homeless in d ivid u als and families immediatel y into housing or ‘‘( B ) may b enefit individuals and families who in the p rior 6 months have been homeless, but are currently residing in permanent housing . ‘‘( 8 ) I n the case of a collaborative applicant that is a legal entity, performance of the duties described under section 402 (f)( 3 ). ‘‘( 9 ) O peration of, participation in, and ensuring consistent participation by pro j ect sponsors in, a community - wide home- less management information system. ‘‘( 1 0) In the case of a collaborative applicant that is a legal entity, payment of administrative costs related to meeting the re q uirements 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) P ayment 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) MIN I MU M GRA N TTE RM S .—The S ecretary may impose min- imum grant terms of up to 5 years for new projects providing permanent housing. ‘‘(c) U SE R ESTRI C TI O NS.— ‘‘(1) AC Q UISITION, RE H A B I L ITATION, AN D NE W CONSTRUC- TION.—A project that consists of activities described in para- graph (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 ACTI V ITIES.—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) C ONVERSION.—If the recipient or project sponsor car- rying 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 Sec- retary may approve the project described in the request and authori z e the recipient or project sponsor to carry out that project. ‘‘(d) RE P A Y MENT O F 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 Timep e r i od. Time period.


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Page:United States Statutes at Large Volume 123.djvu/1706

 123STA T . 1 68 6 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9ofactiv iti esd esc r i b edi np ara g rap h(1) or( 2 )ofs u bsection (a) and the pro j ect ceases to provide transitiona l or per m anent housing —‘ ‘( A ) earlier than 1 0y ears after operation of the project begins , the S ecretary shall re q uire the recipient or project sponsor to repay 100 percent of the assistance or ‘‘( B ) not earlier than 10 years, but earlier than 1 5 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 w hich the project fails to provide that housing . ‘‘(2) PREV E NTIO NO FU N D UE B ENEFIT S .— Ex cept as provided in paragraph ( 3 ), if any property is used for a project that receives assistance under subsection (a) and consists of activi- ties 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) E XC E P TION.—A recipient or project sponsor shall not be required to ma k e 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 F ederal 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 4 2(g) of the I nternal R evenue Code of 1 986 ‘‘( 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) ST A FF T RAININ G .—The Secretary may allow reasonable costs associated with staff training to be included as part of the activities described in subsection (a). ‘‘(f) E L IGIBILIT Y FOR PER M ANENT H OUSING.—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 require- ments 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. ’ ’. Timep e r i od.
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Page:United States Statutes at Large Volume 123.djvu/1707

 123STA T . 1 687PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9SEC.130 3. HIG H P E RFO R M I N G COMM U NI T IES. TheMcKin ne y-V en toH o m e l e s s A ssist a nce Act is amen d ed b y st r i k in g section 42 4 ( 42 U.S . C . 1 1 38 4 ) and inserting the f ollo w ing

‘SEC. 42 4. INCENTI V ES FOR HIGH - PERFORMING COMMUNITIES. ‘ ‘(a) DESIGNAT I O NASAHIG H - P E RF OR M ING COMM U NIT Y . — ‘‘(1) I N GENERA L .—The Secretary shall designate , on an ann u al basis, which collaborati v ea p plicants represent high- performing communities. ‘‘(2) CONSI D ERATION.—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 re q uirements 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 pro j ects in the geographic area to serve homeless individuals and families with more severe barriers to housing stability. ‘‘(3) 2-YEAR P HASE IN.—In each of the first 2 years after the effective date under section 1 50 3 of the Homeless E mer- gency Assistance and R apid Transition to Housing Act of 200 9, the Secretary shall designate not more than 10 collaborative applicants as high-performing communities. ‘‘(4) E XC ESS OF Q UALIFIED 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 perform- ance 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 des- ignation 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 sub- mitted 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 e x pended and ‘‘(B) information that such applicant can meet the requirements described under subsection (d). ‘‘(3) PU B LICATION 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 F UNDS.—Funds awarded under section 422(a) to a project sponsor who is located in a high-performing community may be used— Reports. Reports. C r i teri a .


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 123STA T . 1 68 8 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (1)forany of the e lig i b lea c ti v itie sd escribed in section 423; or ‘‘(2) for any of the eligible activities described in p aragraphs (4) and ( 5 ) of section 415(a) . ‘‘(d) DEFIN I T I O NOF H I GH-P E R FOR M ING C OMM U NIT Y . —F orp u r- poses of this section , the ter m ‘high-performing community ’ means a geographic area that demonstrates through reliable data that all five of the follo w ing re q uirements are met for that geographic area ‘‘(1) T ERM OF HOME L E S SNESS.—The mean length of episodes of homelessness for that geographic area— ‘‘( A )islessthan2 0 days; or ‘‘( B ) for individuals and families in similar cir- cumstances in the preceding year was at least 10 percent less than in the year before. ‘‘(2) F A MILIES LEA V ING HOMELESSNESS.— O f individuals and families— ‘‘(A) who leave homelessness, fewer than 5 percent of such individuals and families become homeless again at any time within the ne x t 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 A C TION.—The communities that compose the geographic area have— ‘‘(A) actively encouraged homeless individuals and families to participate in homeless assistance services avail- able 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) E FFECTIVENESS OF P REVIOUS ACTIVITIES.— I f recipients in the geographic area have used funding awarded under sec- tion 422(a) for eligible activities described under section 415(a) in previous years based on the authority granted under sub- section (c), that such activities were effective at reducing the number of individuals and families who became homeless in that community. ‘‘(5) FLE X I B ILITY TO SERVE PERSONS D EFINED AS HOMELESS UNDER OTHER FEDERAL LA W S.— W ith 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 42 7 (b)(1)(F) according to such standards as the S ecretary 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 . PROG R AM RE QUI REME NT S. Section 42 6 of the M c K inney- V ento Homeless Assistance Act (42 U .S.C. 113 8 6) is amended—


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 123STA T . 1 689PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 (1)bystrik i ng s u bs ec ti o ns( a ) , (b), an d (c) and inserting t h e f o l lo w ing

‘(a) SITECON T R O L.—T he Secretary shall re q uire that each a p plication include reasonable assurances that the applicant will own or ha v e control of a site for the proposed pro j ect not later than the e x piration of the 1 2-m onth period beginning upon notifica- tion of an award for grant assistance, unless the application pro- poses providing supportive housing assistance under section 4 2 3 (a)(3) or housing that will eventually be owned or controlled by the families and individuals served. A n applicant may obtain ownership or control of a suitable site different from the site speci- fied in the application. I f 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) R E QU IRE D A G REE M ENT S .—The Secretary may not provide assistance for a proposed project under this subtitle unless the collaborative applicant involved agrees— ‘‘(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 authori z ation 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 V II, 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 appro- priate services in the community, including early childhood programs such as H ead Start, part C of the Individuals with Disabilities E ducation 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 4 0 2(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 Deadlin e .T i m e p e r i o d.


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 123STA T . 1 690PUBLIC LA W 111 – 22 —M A Y 20, 2009 ac c ounti n gpr oc ed ure s as m a yb e necessary to assure t h e proper disbursa l o f, and accounting for, such funds in order to ensure that all financial transactions carried out w ith such funds are conducted, and records maintained, in accordance with gen - erally accepted accounting principles ‘ (6) to monitor and report to the S ecretary the pro v ision of matching funds as re q uired by section 430 ‘‘( 7 )tota k e the educational needs of children into account when families are placed in emergency or transitional shelter and will, to the ma x imum 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 pro j ect sponsor’’; (4) by striking subsection (e); ( 5 ) by redesignating subsections (f), (g), and (h), as sub- sections (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 . SE L EC TION C R ITERI A, ALLOCATION A M O U NTS, AN DF UNDIN G . T he M c K inney- V ento H omeless A ssistance Act is amended — ( 1 ) by repealing section 42 9 (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) INGE NE RAL .—The Secretary shall award funds to recipi- ents through a national competition between geographic areas based on criteria established by the Secretary. ‘‘(b) R E QUI RE D CRI T ERIA.— ‘‘(1) IN G ENERAL.—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), meas- ured 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; 42USC1 1 386a.


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Page:United States Statutes at Large Volume 123.djvu/1711

 123STA T . 1 69 1 PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (i i )the e x te n tt ow hi c hin d i v id uals and f a m ilies who leave homelessness ex p e r ience additional spells of homelessness ‘‘(iii) the thorou g hness of grantees in the geographic area in reaching homeless individuals and families; ‘‘(iv) overall reduction in the num b er of homeless individuals and families; ‘‘(v) j obs and income growth for homeless individ - uals and families; ‘‘(vi) success at reducing the number of individuals and families who become homeless; ‘‘(vii) other accomplishments b y the recipient related to reducing homelessness; and ‘‘(viii) for collaborative applicants that have exer- cised the authority under section 42 2(j) to serve fami- lies with children and youth defined as homeless under other F ederal statutes , success in achieving the goals and outcomes identified in section 42 7 (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 commu- nity; ‘‘(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 home- less and are informed of their eligibility for services under subtitle B of title VI I of this A ct (42 U.S . C . 114 3 1etse q .); ‘‘(iv) the extent to which the recipient will— ‘‘(I) address the needs of all relevant sub- populations; ‘‘(II) incorporate comprehensive strategies for reducing homelessness, including the interventions referred to in section 42 8 (d); ‘‘(III) set quantifiable performance measures; ‘‘(IV) set timelines for completion of specific tas k s; ‘‘(V) identify specific funding sources for planned activities; and ‘‘(VI) identify an individual or body responsible for overseeing implementation of specific strate- gies; 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 out- comes 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


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 123STA T . 1 69 2 PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 thes e v e ri t yofba rriers fa c e d by the p eop l e the pro j ect serves ‘ ( ii ) co n siders the f u ll ran g e of opinions fro m individuals or entities w ith k nowledge 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 )thee x tent 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 G overnment A ccountability O ffice in the two reports described in section 203 (a)( 7 ); ‘‘( E ) demonstrated coordination by the recipient with the other F ederal, S tate, 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 4 22(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 provi- sion 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 bar- riers 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) A D D IT I ONALCR IT E RIA.— I n addition to the criteria re q uired 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) N OTICE.— T he Secretary shall inform each collabo- rative applicant, at a time concurrent with the release of the notice of funding availability for the grants, of the pro rata estimated grant amount under this subtitle for the geographic area represented by the collaborative applicant. ‘‘( B )A M O U NT.—


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Page:United States Statutes at Large Volume 123.djvu/1713

 123STA T . 1 69 3 PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (i)FORMULA.—Suchest i ma te dgr a n tam o unts sha l l b e determined b y a f ormula ,w hich shall be de v el - o p ed by the Secretary, by regulation, not later than the e x piration of the 2 -year period beginning upon the date of the enactment of the H omeless E mergency A ssistance and R apid T ransition to Housing Act of 2 0 0 9, that is based upon factors that are appropriate to allocate funds to meet the goals and ob j ectives of this subtitle. ‘‘(ii) C OM BIN A T ION S OR C ONSORTIA.—For a collabo- rative 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) AUT H ORIT Y O F S E CRETARY.—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 sub- title for the geographic area. ‘‘( 3 ) HOMELESSNESS COUNTS.—The Secretary shall not re q uire 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) A DJ USTMENTS.—The Secretary may adjust the formula described in subsection (b)(2) as necessary— ‘‘(1) to ensure that each collaborative applicant has suffi- cient funding to renew all qualified projects for at least one year and ‘‘(2) to ensure that collaborative applicants are not discour- aged 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 . AL L O CA TI O N O F A M O U NTS AN D INCENTI V ES FO R S P ECIFIC ELI G I B LE ACTIVITIES. ‘‘(a) M INIMUM ALLOCATION FOR P ERMANENT HOUSIN G FOR HOMELESS I NDI V IDUALS AND FAMILIES W ITH D ISABILITIES.— ‘‘(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 house- hold. ‘‘(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 42 7 (b)(2) in geographic areas for which subsection (e) applies in regard to subsection (d)(2)(A). Ap p licab ili ty.42USC1 1 386 b. C on t r act s . Regu lations. D ea d line. T i m e period.


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Page:United States Statutes at Large Volume 123.djvu/1714

 123STA T . 1 694PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (4)SUSPEN S IO N .—Ther e qui re m e nt e s t abl ishe d in p ara -g raph ( 1 ) shall be suspended fo ran y year in w hi c h funding a v ailable for grants under this subtitle after ma k ing the alloca- tion established in paragraph (1) would not be sufficient to renew for 1 year all e x isting grants that would otherwise be fully funded under this subtitle. ‘‘( 5 )TE RM IN AT ION.—The requirement established in para- graph (1) shall terminate upon a finding by the Secretary that since the beginning of 20 01 at least 150 , 000 new units of permanent housing for homeless individuals and families with disabilities have been funded under this subtitle. ‘‘(b) SET- A SI D E F OR P ERMANENT H OUSIN G FOR HOME L ESS F AMI- LIES W IT HC HILDREN.—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.— N othing 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) I N C ENTI V ES 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 42 7 (b)(1)(F). ‘‘(2) R ULE OF CONSTRUCTION.—For purposes of this sub- section, 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 emphasi z ing 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 homeless- ness generally, reducing homelessness for a specific sub- population, or achieving homeless prevention and inde- pendent living goals as set forth in section 427(b)(1)(F). ‘‘( 3 ) BALANCE OF INCENTIVES FOR PROVEN STRATEGIES.— To the extent practicable, in 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 Notice.Publ ic co m me n t s.


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Page:United States Statutes at Large Volume 123.djvu/1715

 123STA T . 1 695PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 famil i esw i thc hil dr e n and you th defined as homeless under other F ederal statutes .‘ ‘ ( e )INCE N TIV E SFORSU CCESSFU L I MP LEMENT A TION OF P ROVEN STRATE G IES. — If any g eogra p hic area demonstrates that it has fully implemented any of the acti v ities descri b ed in subsection (d) for all homeless individuals and families or for all members of sub - populations 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 4 1 5(a) for homeless people generally or for the relevant subpopulation. ‘ ‘ SEC.429 . R E N E WALFU N DI N G AND T ER M S O F ASSISTANCE FOR P ERMANENT H OUSING. ‘‘(a) IN G ENERAL.— R enewal of e x piring contracts for leasing, rental assistance, or operating costs for permanent housing con- tracts may be funded either— ‘‘(1) under the appropriations account for this title or ‘‘(2) the section 8 pro j ect-based rental assistance account. ‘‘(b) RENE W ALS.— T he 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 orF(as in effect on the day before the effective date of the H omeless E mergency A ssistance and Rapid Transition to Housing Act of 2 0 0 9 ). 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 re q uirements and appropriate standards of housing quality and habitability, as determined by the Secretary. ‘‘(c) CONSTRUCTION.— N othing 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. 4 30 . 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) L IMITATIONS ON IN- K IN DM ATC H .—The cash value of serv- ices provided to the residents or clients of a project sponsor by an entity other than the project sponsor may count toward the 42USC1 1 386d.Det e rmina ti o n. Contra c t s . 42 USC 11386c.


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 123STA T . 1 69 6 PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 contribu tion s in subs e ction (a) on lywh en d ocu m ented by a memo - randum o f understandin g between the p ro j ect sponsor and the other entity that such ser v ices will be provided .‘ ‘(c) COUNTABLEAC T IV ITIE S . —T he contributions re q uired under subsection (a) may consist of— ‘‘( 1 ) funding for any eligible activity described under section 423; and ‘‘(2) subject to subsection (b) , in- k ind provision of services of any eligible activity described under section 423. ‘ ‘ SEC.431 . AP PEA L P RO CE DU RE. ‘‘(a) I N G ENE R AL.— W ith respect to funding under this subtitle, if certification of consistency with the consolidated plan pursuant to section 4 0 3 is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the S ecretary. ‘‘(b) P ROCE D URE.—The Secretary shall establish a procedure to process the appeals described in subsection (a). ‘‘(c) D ETER M INATION.— N ot later than 4 5 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. ’ ’. SEC. 13 06 . RESEARC H . There is authori z ed 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 e x pended by the Secretary of H ousing and U rban Development over the 2 years at 3 different sites to provide services for homeless families and evaluate the effectiveness of such services. TI T LE I V—RU R A L HO U S I NG STA B ILIT Y ASSISTAN C E P ROGRA M SEC. 1401. RURAL HOUS ING S T A B ILIT Y ASSISTANCE. Subtitle G of title I V of the M c K inney-Vento Homeless Assist- ance Act (42 U.S.C. 11408 et seq.) is amended— (1) by striking the subtitle heading and inserting the fol- lowing

‘S ubti t le G—Ru ra lH o u s i ng Stabilit y Assistan c e Progra m’ ’ an d (2) in section 4 9 1— (A) by striking the section heading and inserting ‘‘ RU R ALHO U SING S T A B ILIT Y GRANT P ROGRA M .’’; ( 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: 42USC1 14 08.Homel e s s. Grant s. Ap propr i ation a u t h ori z ation. D ea d line. 42 USC 11 3 8 6 e.


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 123STA T . 1 697PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (1)rehousing ori mp ro v ing t he housing situ a tions o f in d ividua l s and families w ho are homeless or in the worst housing situations in the geographi c area ‘‘( 2 ) sta b ili z ing the housing of individuals and families who are in imminent danger of losing housing; and ‘‘( 3 ) improving the abilit y 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 stri k ing 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) ac q uisition or rehabilitation of a structure to pro- vide supportive services or to provide transitional or perma- nent 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 pro j ect 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 fami- lies; ‘‘(G) provision of rental assistance to provide transi- tional or permanent housing to homeless individuals and families and individuals and families at risk of homeless- ness, 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 fol- lowing: ‘‘a description of how individuals and fami- lies 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:


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 123STA T . 1 698PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (7)adescript i on o f cons ul tations t h at too k place w ithin the co m munit y to ascertain the most important uses for fundin g under this section , including the in v olvement of potential b ene - ficiaries of the pro j ect and ‘‘( 8 ) a description of the e x tent 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) MATCHINGFU N D ING. — ‘‘( 1 ) I NG E NE R A L .— A n organi z ation 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 e q ual 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) L I M ITATI O N S ON IN- K IND MATCH.— T he 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 ) C OUNTA B LE ACTI V ITIES.—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 serv- ices of any eligible activity described under subsection (b). ‘‘(g) S ELECTION CRITERIA.—The Secretary shall establish cri- teria 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 commu- nity 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 Sec- retary.’’; ( H ) in subsection (h)— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘The’’ and inserting ‘‘ N ot later than 18 months after funding is first made avail- able pursuant to the amendments made by title I V of the Homeless E mergency Assistance and R apid Transition to Housing Act of 2 0 0 9, the’’; and Deadlin e .


text: Dictionary of National Biography, 1885-1900/Montresor, James Gabriel


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 123STA T . 1 69 9 PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 (i i ) i npar a g rap h ( 1 )( A ) ,byst ri k ing ‘ ‘pr ov i d ing ho u sing and oth e r assistan c etoho m e l ess 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 ‘‘ T he’’ and inserting ‘‘ N ot later than 2 4 months a f ter funding is first made avail - able pursuant to the amendment made by title I V of the H omeless E mergency Assistance and R apid Transition to Housing Act of 2 0 0 9, the’’; (II) by striking ‘‘, not later than 1 8 months after the date on w hich the S ecretary 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 homeless- ness grant program’’ and inserting ‘‘rural housing sta- bility 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 3 0 persons per s q uare 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 F ederal j urisdiction, provided that no metropolitan city (as such term is defined in section 102 of the Housing and Community D evelopment 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 ‘‘ PROG R AM F UNDI NG.—’’; and (ii) by striking paragraph (1) and inserting the following: ‘‘(1) IN G E NERA L .—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, e x cept 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 Det e rmina ti o n . Dea dl ine.


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 123STA T . 1 70 0 PUBLIC LA W 111 – 22 —M A Y 20, 200 9(K)byad d ing a t t he end the fol lo w ing

‘( m ) DET E RMINA TI O NO FFU N D IN GS OUR C E .— Fo r any fi sc al year , in addition to f u nds 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 S TUDY O FH O M E L ESS N ESS AND HOMELESS ASS I ST - ANCE IN R URAL AREAS. (a) STUD Y AND R E P ORT.— N ot later than the e xp iration of the 12- month period beginning on the date of the enactment of this di v ision, the Comptroller G eneral of the U nited 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. T he report shall contain the following matters: (1) A general description of homelessness, including the range of living situations 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 homeless- ness 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 see k ing to access homeless assistance programs, and rec- ommendations for removing such barriers. ( 5 ) A comparison of the rate of homelessness among individ- uals and families in and from rural areas and rural commu- nities compared to the rate of homelessness among individuals and families in and from non-rural areas and non-rural commu- nities. ( 6 ) A general description of homeless assistance for individ- uals and families in rural areas and rural communities of the United States. ( 7 ) A description of barriers that homeless assistance pro- viders 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 organi z ations 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 H ousing and Urban Development, the Department of Agri- culture, and other Federal departments and agencies in admin- istering 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


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 123STA T . 1 70 1 PUBLIC LA W 111 – 22 —M A Y 20, 200 9agenci e s s oth at se rv ice organi z ations in r u ra l areas an d rural co m munities are most e f fectivel y reached and su p ported .(b)ACQUIS I T I ON O FS U P PO R TIN GI NFOR MA TION. — In carrying out the study under this section , the C omptroller G eneral shall see k to obtain vie w s from the following persons ( 1 ) T he Secretary of Agriculture. ( 2 ) The Secretary of H ousing and U rban D evelopment. ( 3 ) The Secretary of Health and Human Services. ( 4 ) The Secretary of E ducation. ( 5 ) The Secretary of L abor. ( 6 ) The Secretary of V eterans Affairs. ( 7 )TheE x ecutive Director of the United States Interagency Council on Homelessness. ( 8 ) P ro j ect 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 F ederal homeless assistance services. (1 0 ) N ational advocacy organizations concerned with homelessness, rural housing, and rural community develop - ment. (c) EFF E CTI V E DATE.—This section shall take effect on the date of the enactment of this division. TI T LEV—R E P E A L S A NDCO N F OR M IN G AMENDMENTS SEC.150 1. R E P E AL S. Subtitles D, E, and F of title IV of the M c K inney-Vento Home- less Assistance Act (42 U.S.C. 11391 et se q ., 11401 et seq., and 11403 et seq.) are hereby repealed. SEC. 150 2 .C ONF OR MI N G AMEN D MEN T S. (a) CONSO L I D ATED 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 E X PERIENCING 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) R URAL HOUSING STA B ILIT Y ASSISTANCE.—Title IV of the McKinney-Vento Homeless Assistance Act is amended by redesig- nating subtitle G (42 U.S.C. 11408 et seq.), as amended by the preceding provisions of this division, as subtitle D. 42USC1 1 36 1.


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 123STA T . 1 70 2 PUBLIC LA W 111 – 22 —M A Y 20, 200 9SEC.1503 .E F FEC TIV E DA TE. Exceptas spec if ica l l y p rov i d ed ot h er w ise i n this division , this division and the a m endments made b y this division shall ta k e effect on, and shall apply be g inning on —(1) the expiration of the 1 8- month period beginning on the date of the enactment of this division, or ( 2 ) the expiration of the 3 -month period beginning u pon publication by the S ecretary of H ousing and U rban D evelop- ment of final regulations pursuant to section 1 504, whichever occurs first . SEC. 150 4 . R E GUL ATI ON S. (a) INGE NE RAL .— N ot 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) E F FE CTIV E DATE.— T his section shall take effect on the date of the enactment of this division. SEC. 1505. A M ENDMENT TO TA B LE OF CONTENTS. The table of contents in section 101(b) of the M c K inney- V ento Homeless A ssistance 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 4 9 2 and inserting the following new items

‘ TI T LE I V—HOUS I NGA SSISTAN C E ‘‘S ubti t le A—Ge n e ra l P r ov i s ions ‘‘Se c.401 . D e f initions. ‘‘Sec. 40 2 . Collaborative a p plicants. ‘‘Sec. 40 3 . Housin g affor d abilit y strategy. ‘‘Sec. 404. Preventing involuntary fa m ily separation. ‘‘Sec. 40 5 . Tec h nical assistance. ‘‘Sec. 40 6 . Discharge coordination policy. ‘‘Sec. 40 7 . Protection of personally identifying information by victim service pro - viders. ‘‘Sec. 40 8 . Authori z ation 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. R esponsibilities 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 re q uirements. ‘‘Sec. 427. Selection criteria. ‘‘Sec. 428. Allocation of amounts and incentives for specific eligible activities. ‘‘Sec. 42 9 . Rene w al funding and terms of assistance for permanent housing. ‘‘Sec. 430. M atching 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. Deadlin e .42USC1 1 30 1 n ot e. Pub li c ation. Ap plicabilit y . 42 USC 11302 note.


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 123STA T . 1 70 3 PUBLIC LA W 111 – 22 —M A Y 20, 200 9LEGIS L AT I V E H IST ORY— S .896( H.R. 1 1 0 6 ):C O N GRESSIONAL RECOR D, V ol .1 5 5( 2 009): A pr. 3 0, May 1, 4– 6, c o nside red and passed Sena t e. May 19, considered and passed Ho u se, a m ended. Senate concurred in House amendment. DAILY COM P ILATION O F PRESIDENTIAL DOC U MENTS (2009): May 20, Presidential remar k s. ‘ ‘Sec. 492. Use o f FHMA in v entory for transitional h ousin g for homeless persons and for turnkey housing. ’ ’. Ap p rovedMay20, 200 9.


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 123STA T . 1 704PUBLIC LA W 111 – 23 —M A Y 22, 200 9PublicLaw1 11 –23 111 thCongres s A n Act Toimpr o veth eor gan i z ation an d pro c ed u re s o f the D epartment of Defense for the ac q uisition of ma j or w eapon s y stems , and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E T AB LEO F CONTENTS. (a)SHORTTI T LE.— T hisActm a ybe cite d as the ‘ ‘ W ea pon Sys - tems Ac qu isition R e f o r mActof 20 0 9’ ’. (b) T AB LEO FC O N TENT S .—The tab l e of contents for this Act is as follo w s
 * S

ec. 1 . Short tit l e ta b le of contents. Sec. 2 . Definitions. T I T LE I —ACQU ISITI ON O RG ANI Z ATION Sec. 1 0 1. Cost assessment and program evaluation. Sec. 102. Directors of Developmental Test and Evaluation and Systems Engineer - ing. Sec. 10 3 . P erformance assessments and root cause analyses for major defense ac- quisition programs. Sec. 10 4 . Assessment of technological maturity of critical technologies of major de- fense acquisition programs by the Director of Defense Research and En- gineering. Sec. 10 5 . Role of the commanders of the combatant commands in identifying joint military requirements. TITLE II—ACQUISITION POLIC Y Sec. 201. Consideration of trade-offs among cost, schedule, and performance objec- tives in Department of Defense acquisition programs. Sec. 202. Acquisition strategies to ensure competition throughout the lifecycle of major defense acquisition programs. Sec. 203. Prototyping requirements for major defense acquisition programs. Sec. 204. Actions to identify and address systemic problems in major defense acqui- sition programs prior to M ilestone B approval. Sec. 205. Additional requirements for certain major defense acquisition programs. Sec. 20 6 . Critical cost growth in major defense acquisition programs. Sec. 20 7 . Organizational conflicts of interest in major defense acquisition programs. TITLE III—ADDITIONAL ACQUISITION PRO V ISIONS Sec. 301. Awards for Department of Defense personnel for e x cellence in the acquisi- tion of products and services. Sec. 302. Earned value management. Sec. 303. Expansion of national security objectives of the national technology and industrial base. Sec. 304. Comptroller General of the United States reports on costs and financial information regarding major defense acquisition programs. SEC. 2 . D EFINITIONS. I n this Act: ( 1 ) The term ‘‘con g ressional defense committees’’ has the meaning gi v en that term in section 101(a)(1 6 ) of title 10 ,U nited States Code. 10USC243 0 note. 10 USC 101 note. W e ap onS ys te m s Acqui sition R e f o r mActof 200 9 . M ay 22 , 2009 [ S.4 5 4 ]


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 123STA T . 1 705PUBLIC LA W 111 – 23 —M A Y 22, 200 9(2)Thet e rm‘ ‘m ajo r d e f e ns ea cqui sition p ro g ram ’ ’ has the meaning gi v en that term in section 2 430 of tit l e 1 0 ,U nited S tates C ode . (3) The term ‘‘major w eapon s y stem’’ has the meaning given that term in section 23 79 (d) of title 10, United States Code. TI T LE I —ACQU I S ITI ON O RG ANI Z ATION SEC.10 1.C O S TA SSESS M E N TAN DPR O G RAM E V A LU AT I ON. (a) DIRECTO RO F CO S T A SSESS M E N T A N DP RO G RAM EV A LU A - TION. — (1) I N GENERAL.—Chapter 4 of title 10, United States Code, is amended b y inserting after section 139b the following new section

‘ §139c.Dire c to ro fC o s t A ssess m e n t a n dP ro g ram Ev a lu ation ‘‘(a) A P POINTMENT.—There is a Director of Cost Assessment and Program Evaluation in the Department of Defense, appointed by the President, by and with the advice and consent of the Senate. ‘‘(b) INDEPENDENT ADVICE TO SECRETAR Y OF DEFENSE.—(1) The Director of Cost Assessment and Program Evaluation is the prin- cipal advisor to the Secretary of Defense and other senior officials of the Department of Defense, and shall provide independent anal- ysis and advice to such officials, on the following matters: ‘‘(A) M atters assigned to the Director pursuant to this section and section 2334 of this title. ‘‘( B ) Matters assigned to the Director by the Secretary pursuant to section 113 of this title. ‘‘(2) The Director may communicate views on matters within the responsibility of the Director directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense. ‘‘(c) DEPUTY DIRECTORS.—There are two Deputy Directors within the O ffice of the Director of Cost Assessment and Program Evaluation, as follows: ‘‘(1) The Deputy Director for Cost Assessment. ‘‘(2) The Deputy Director for Program Evaluation. ‘‘(d) R ESPONSI B ILITIES.—The Director of Cost Assessment and Program Evaluation shall serve as the principal official within the senior management of the Department of Defense for the fol- lowing: ‘‘(1) Cost estimation and cost analysis for acquisition pro- grams of the Department of Defense, and carrying out the duties assigned pursuant to section 2334 of this title. ‘‘(2) Analysis and advice on matters relating to the planning and programming phases of the Planning, Programming, Budg- eting and E x ecution system, and the preparation of materials and guidance for such system, as directed by the Secretary of Defense, wor k ing in coordination with the Under Secretary of Defense (Comptroller). ‘‘(3) Analysis and advice for resource discussions relating to requirements under consideration in the J oint Requirements Oversight Council pursuant to section 1 8 1 of this title. Presid e nt.


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 123STA T . 1 706PUBLIC LA W 111 – 23 —M A Y 22, 200 9‘ ‘ (4)Formulati o n o fs tu dyg uidan ce for analyses of alter - nati v es for ma j or defense ac q uisition p rograms and performance of suc h analyses , as directed b y the S ecretary of D efense ‘‘( 5 ) R evie w , analysis, and evaluation of programs for e x e- cuting approved strategies and policies, ensuring that informa- tion on programs is presented accurately and completely, and assessing the effect of spending by the Department of Defense on the U nited States economy . ‘‘( 6 ) A ssessments of special access and compartmented intelligence programs, in coordination with the Under Secretary of Defense for Acquisition, T echnology, and L ogistics and the Under Secretary of Defense for I ntelligence and in accordance with applicable policies. ‘‘( 7 ) Assessments of alternative plans, programs, and poli- cies with respect to the acquisition programs of the Department of Defense. ‘‘( 8 ) Leading the development of improved analytical s k ills and competencies within the cost assessment and program evaluation workforce of the Department of Defense and improved tools, data, and methods to promote performance, economy, and efficiency in analy z ing national security planning and the allocation of defense resources. ’ ’. ( 2 ) CLERICA LA M E ND MEN T . — The table of sections at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 139 b the following new item

‘ 139c.Dire c to ro fC o s t A ssess m e n t a n dP ro g ram Ev a lu ation. ’ ’. (3) EX EC U TI V E S C H EDULE LEVEL IV.—Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Director of O perational Test and Evaluation, Department of Defense the following new item: ‘‘Director of Cost Assessment and P rogram Evaluation, Department of Defense.’’. (b) INDE P ENDENT C O ST ESTIMATION AND COST ANAL Y SIS.— (1) IN G ENERAL.—Chapter 137 of title 1 0, United States Code, is amended by adding at the end the following new section: ‘ ‘ §23 3 4.Indep enden tcos t est ima tion and cost ana ly sis ‘‘(a) IN G ENERAL.—The Director of Cost Assessment and Pro- gram Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition pro- grams of the Department of Defense. In carrying out that responsi- bility, the Director shall— ‘‘(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense ‘‘(2) provide guidance to and consult with the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense (Comptroller), the Secretaries of the military departments, and the heads of the Defense Agencies with respect to cost esti- mation in the Department of Defense in general and with respect to specific cost estimates and cost analyses to be con- ducted in connection with a major defense acquisition program Consulta t i on .P oli c i e s.


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 123STA T . 1 70 7 PUBLIC LA W 111 – 23 —M A Y 22, 200 9underchapt er 14 4 of th is tit l eora m a j or automated information s y stem pro g ram under chapter 144 A of this title ‘ (3) issue guidance relating to the proper selection of con - fidence le v els in cost estimates generally , and specifically, for the proper selection of confidence levels in cost estimates for major defense ac q uisition programs and major automated information system programs; ‘‘(4) issue guidance relating to full consideration of life- cycle management and sustaina b ility costs in major defense acquisition programs and major automated information system programs; ‘‘( 5 ) revie w all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major automated information system programs; ‘‘( 6 ) conduct independent cost estimates and cost analyses for major defense acquisition programs and major automated information system programs for which the U nder S ecretary of D efense for Acquisition, T echnology, and L ogistics is the M ilestone Decision Authority — ‘‘(A) in advance of— ‘‘(i) any certification under section 2 366a or 2366b of this title; ‘‘(ii) any decision to enter into low-rate initial production or full-rate production; ‘‘(iii) any certification under section 2433a of this title; and ‘‘(iv) any report under section 2445c(f) of this title; and ‘‘( B ) at any other time considered appropriate by the Director or upon the request of the Under Secretary of Defense for Acquisition, Technology, and Logistics; and ‘‘( 7 ) periodically assess and update the cost inde x es used by the Department to ensure that such indexes have a sound basis and meet the Department ’ s needs for realistic cost esti- mation . ‘‘(b) REVI E WOFC O STE STI MA TES, COST A N A LY SES, AN D RE C O R DS OFT H E MILITARY DE P ARTMENTS AND DEFENSE A G ENCIES.—The Sec- retary of Defense shall ensure that the Director of Cost Assessment and P rogram Evaluation— ‘‘(1) promptly receives the results of all cost estimates and cost analyses conducted by the military departments and Defense Agencies, and all studies conducted by the military departments and Defense Agencies in connection with such cost estimates and cost analyses, for major defense acquisition programs and major automated information system programs of the military departments and Defense Agencies; and ‘‘(2) has timely access to any records and data in the Department of Defense (including the records and data of each military department and Defense Agency and including classi- fied and proprietary information) that the Director considers necessary to review in order to carry out any duties under this section. ‘‘(c) PARTICIPATION, CONC U RRENCE, AND APPROVAL IN COST ESTIMATION.—The Director of Cost Assessment and Program Evaluation may— ‘‘(1) participate in the discussion of any discrepancies between an independent cost estimate and the cost estimate As s e ss m e nt s .


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Page:United States Statutes at Large Volume 123.djvu/1728

 123STA T . 1 708PUBLIC LA W 111 – 23 —M A Y 22, 200 9ofamil i t a rydep artme n tor D efen s e Ag en c yforama j or defense ac qu isition program or major automated information system program of t h e Department of Defense ‘ (2) comment on deficiencies in the methodology or e x ecu - tion of any cost estimate or cost analysis de v eloped b y a military department or Defense Agency for a major defense acquisition program or major automated information system program; ‘‘( 3 ) concur in the choice of a cost estimate w ithin the baseline description or any other cost estimate (including the confidence level for any such cost estimate) for use at any event specified in subsection (a)( 6 ); and ‘‘( 4 ) participate in the consideration of any decision to request authori z ation of a multiyear procurement contract for a major defense acquisition program . ‘‘(d) D ISCLO S URE O FC O N FI D ENCE L E V ELS FOR BA SELINE E S T I- M ATES OF M A J OR DEFENSE AC Q UISITION P RO G RAMS. —T he Director of Cost Assessment and Program Evaluation , and the S ecretary of the military department concerned or the head of the Defense Agency concerned (as applicable), shall each— ‘‘( 1 ) disclose in accordance with paragraph (2) the con- fidence level used in establishing a cost estimate for a major defense acquisition program or major automated information system program, the rationale for selecting such confidence level, and, if such confidence level is less than 80 percent, the justification for selecting a confidence level of less than 80 percent; and ‘‘(2) include the disclosure required by paragraph (1)— ‘‘(A) in any decision documentation approving a cost estimate within the baseline description or any other cost estimate for use at any event specified in subsection (a)(6); and ‘‘(B) in the next Selected Acquisition R eport pursuant to section 2432 of this title in the case of a major defense acquisition program, or the next quarterly report pursuant to section 244 5 c of this title in the case of a major auto- mated information system program. ‘‘(e) ANNUAL RE P ORT ON COST ASSESSMENT ACTIVITIES.—(1) The Director of Cost Assessment and Program Evaluation shall prepare an annual report summarizing the cost estimation and cost analysis activities of the Department of Defense during the previous year and assessing the progress of the Department in improving the accuracy of its cost estimates and analyses. Each report shall include, for the year covered by such report, an assess- ment of— ‘‘(A) the extent to which each of the military departments and Defense Agencies have complied with policies, procedures, and guidance issued by the Director with regard to the prepara- tion of cost estimates for major defense acquisition programs and major automated information systems; ‘‘(B) the overall quality of cost estimates prepared by each of the military departments and Defense Agencies for major defense acquisition programs and major automated information system programs; and ‘‘(C) any consistent differences in methodology or approach among the cost estimates prepared by the military departments, the Defense Agencies, and the Director.