Text: H.R.2897 — 108th Congress (2003-2004)All Bill Information (Except Text)

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Introduced in House (07/25/2003)


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[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 2897 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2897

               To end homelessness in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

Ms. Carson of Indiana (for herself, Mr. Conyers, Mr. Kucinich, Ms. Lee, 
Mr. Gutierrez, Ms. Corrine Brown of Florida, Mr. Cummings, Ms. Jackson-
  Lee of Texas, Mr. Owens, Ms. Millender-McDonald, Mr. McGovern, Mr. 
    Sanders, Mr. Wexler, Mr. Grijalva, Ms. Woolsey, Mr. Reyes, Ms. 
  Schakowsky, Mr. Rangel, Ms. Majette, Ms. Slaughter, Mr. Thompson of 
  Mississippi, Mr. Evans, Mr. Payne, Mr. McDermott, Mr. Capuano, Mr. 
 Weiner, Ms. McCollum, and Mr. Emanuel) introduced the following bill; 
   which was referred to the Committee on Financial Services, and in 
    addition to the Committees on Agriculture, Energy and Commerce, 
Education and the Workforce, Government Reform, Veterans' Affairs, and 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
               To end homelessness in the United States.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bringing America 
Home Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
         TITLE I--RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT

Sec. 101. Recognition by societies, faiths, and organizations.
Sec. 102. Establishment of goal to end homelessness.
                       TITLE II--HOUSING SECURITY

Sec. 201. Congressional findings.
   Subtitle A--Authorizations of Appropriations for Housing Programs

Sec. 221. National Affordable Housing Trust Fund.
Sec. 222. Incremental rental assistance for 1,500,000 families.
Sec. 223. Funding for HUD housing programs.
Sec. 224. HUD rural housing and economic development program.
Sec. 225. Rural housing programs.
Sec. 226. Department of Veterans Affairs homeless comprehensive 
                            services programs.
Sec. 227. Sense of Congress regarding appropriations for transitional 
                            housing assistance under Violence Against 
                            Women Act of 2000.
Subtitle B--Federal Homelessness to Housing Mutual Mortgage Association

Sec. 231. Short title and statement of purpose.
Sec. 232. Establishment.
Sec. 233. Powers and authorities.
Sec. 234. Mutual housing operations.
Sec. 235. Financing.
Sec. 236. Relationship with other programs.
Sec. 237. Oversight.
Sec. 238. Protection of name.
Sec. 239. Definitions.
Sec. 240. Territorial applicability.
   Subtitle C--Use of Federal Surplus Property to Assist the Homeless

Sec. 271. Use of Federal surplus property to assist the homeless.
            TITLE III--HOMELESS INTERVENTION AND PREVENTION

Sec. 301. Preservation of public housing dwelling units under HOPE VI.
Sec. 302. Right to new units of individuals and families displaced by 
                            HOPE VI projects.
Sec. 303. Policies regarding homeless individuals and families in 
                            federally funded facilities.
Sec. 304. Establishment of Emergency Rent Relief Fund.
Sec. 305. Income exemptions.
Sec. 306. Post office box and general delivery service for persons with 
                            no fixed address.
Sec. 307. Grants to public housing police forces.
Sec. 308. Temporary ex-offender low-income housing credit.
Sec. 309. Escrow of tenant rent in cases of owner failure to maintain 
                            units assisted under section 8 rental 
                            assistance program.
Sec. 310. Sense of Congress regarding local ordinances that 
                            disadvantage homeless persons.
   TITLE IV--ASSISTANCE UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

Sec. 401. Congressional purposes.
Sec. 402. Definition of homeless individual.
           Subtitle A--Housing Assistance General Provisions

Sec. 411. Definitions.
Sec. 412. Community homeless assistance planning boards.
Sec. 413. Technical assistance and performance reports.
Sec. 414. Authorization of appropriations.
              Subtitle B--Emergency Shelter Grants Program

Sec. 421. Grant assistance.
Sec. 422. Amount and allocation of assistance.
Sec. 423. Eligible activities.
Sec. 424. Repeals.
                 Subtitle C--Continuum of Care Program

Sec. 431. Continuum of care.
Sec. 432. Eligible activities.
Sec. 433. Program requirements.
Sec. 434. Allocation amounts and funding.
             Subtitle D--Repeals and Conforming Amendments

Sec. 441. Repeals.
Sec. 442. Conforming amendments.
Sec. 443. Amendment to table of contents.
                   TITLE V--PRESERVATION OF RESOURCES

Sec. 501. Governors, mayors, cities, and counties housing advisory 
                            committees.
Sec. 502. Mortgage interest deduction limited to $300,000 of debt on 1 
                            home; repeal of deduction for home equity 
                            indebtedness; repeal of exclusion of gain 
                            on sale of principal residence.
                       TITLE VI--HEALTH SECURITY

                     Subtitle A--General Provisions

Sec. 601. Findings; sense of Congress.
Sec. 602. Sense of Congress regarding Medicaid expansion.
Sec. 603. Authorizations of appropriations for certain programs.
 Subtitle B--Substance Abuse and Mental Health Services Administration

    Part 1--Mainstreasubpart a--discharge planning Services Programs
Sec. 611. Aversubpart b--provision of appropriate services
Sec. 616. Application of knowledge development findings to service 
     subpart c--grantee planning, reporting, and capacity-building
Sec. 621. Expansion of participation in grantee planning.
Sec. 622. Documentation of needs of and establishing priorities for 
subpart d--designation of persons experiencing homelessness as priority 
                               population
Sec. 626. Requiring grantees to direct funds to persons experiencing 
                            homelessness.
Sec. 627. Prioritization of services for runaway, homeless, and street 
                            youth.
Sec. 628. Definition of runaway, homeless, and street youth as high 
                 subpart e--federal program management
Sec. 631. Establishment of Federal plan on addiction, mental illness, 
                            and homelessness.
Parsubpart a--reauthorize, rename, and strengthen the grants for the ms
                benefit of homeless individuals program
Sec. 641. Treatment and recovery initiative for persons experiencing 
 subpart b--reauthorize and strengthen the projects for assistance in 
              transition from homelessness (path) program
Sec. 651. Expansion of required scope of services of PATH providers.
Sec. 652. Encouragement of States to utilize health care for the 
                            homeless projects as PATH providers.
Sec. 653. State descriptions of resource allocation process.
Sec. 654. Federal report on PATH and homeless grant programs.
Sec. 655. Clarification of target populations provision of PATH 
                            statute.
    Subtitle C--Amendments Regarding Ryan White Comprehensive AIDS 
                    Resources Emergency Act of 1990

                       Part 1--Discharge Planning

Sec. 661. Averting RWCA patient discharge into homelessness.
               Part 2--Provision of Appropriate Services

Sec. 666. Amplification of scope of RWCA services.
Sec. 667. Application of knowledge development findings to service 
                            delivery.
       Part 3--Grantee Planning, Reporting, and Capacity Building

Sec. 671. Expansion of participation in grantee and contractor 
                            planning.
Sec. 672. Development of knowledge to strengthen providers' capacity to 
                            offer homeless-competent services.
     Part 4--Designation of Homeless Persons As Priority Population

Sec. 676. Priority for persons experiencing homelessness.
           Part 5--Federal Plan on HIV/AIDS and Homelessness

Sec. 681. Federal plan on HIV/AIDS and homelessness.
                      TITLE VII--ECONOMIC SECURITY

Sec. 701. Sense of Congress regarding right to a living income.
Sec. 702. Authorization of appropriations for homeless veterans 
                            reintegration program.
Sec. 703. Availability of food stamp benefits to individuals who are 
                            homeless.
Sec. 704. Amendments to Workforce Investment Act.
Sec. 705. Homebuild program for affordable housing construction and 
                            apprenticeship.
Sec. 706. Department of Labor apprenticeship program for working people 
                            experiencing homelessness.
Sec. 707. Day laborer fairness and protection.
Sec. 708. Social Security Administration outreach to homeless persons.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) lack of affordable housing results in homelessness;
            (2) lack of consumer protections result in homelessness;
            (3) lack of access to health care results in homelessness;
            (4) lack of employment and wages commensurate with those in 
        the local market results in homelessness;
            (5) lack of education results in homelessness;
            (6) homelessness offends the conscience of our Nation;
            (7) according to the United States Department of Housing 
        and Urban Development, 4,900,000 households experience ``worst-
        case'' housing needs;
            (8) as of the date of the introduction of this bill, in no 
        town, city, or State in our Nation can an individual or family 
        working full time at minimum wage, or receiving assistance 
        under the Supplemental Security Income program or under the 
        program for Temporary Assistance for Needy Families, afford a 
        one- or two-bedroom apartment at the fair market rental rate 
        established by the Department of Housing and Urban Development;
            (9) the Millennial Housing Commission reported that 
        28,000,000 households in the United States spent more than 30 
        percent their income on housing, and one in eight low-income 
        working families earning minimum wage have to spend more than 
        half their income on housing;
            (10) 42 percent of adults residing in homeless shelters 
        across the United States are working;
            (11) 24 percent of clients of homeless shelters report they 
        have needed medical attention in the past year but were unable 
        to get it and 46 percent of such clients could not get access 
        to a dentist when one was needed;
            (12) 55 percent of people experiencing homelessness in the 
        United States have neither public nor private health insurance;
            (13) of the homeless individuals who suffer mental illness, 
        it is estimated that only 5 to 7 percent require some form of 
        institutionalization and the rest could live productively with 
        proper assistance;
            (14) millions of Americans can not find work that pays a 
        livable wage or can not find work at all and, therefore, cannot 
        afford housing at market rent levels;
            (15) lack of affordable housing near job opportunities 
        makes it difficult for poor parents to find and retain 
        employment;
            (16) families without stable housing typically have to move 
        often, making job retention difficult and forcing their 
        children to change schools frequently;
            (17) at least 3,500,000 persons are likely to experience 
        homelessness during a year in the United States, 39 percent of 
        which are children; and
            (18) in its ``Status Report on Hunger and Homelessness in 
        America's Cities'', the United States Conference of Mayors 
        reports that requests for shelter by families with children 
        went unmet 38 percent of the time in 2002.
    (b) Purpose.--The purpose of this Act is to end homelessness in the 
United States.

         TITLE I--RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT

SEC. 101. RECOGNITION BY SOCIETIES, FAITHS, AND ORGANIZATIONS.

    The Congress hereby acknowledges that the housing has been 
recognized as a basic human right by many and varied--
            (1) religious and faith organizations;
            (2) States, cities, and counties;
            (3) national and local organizations;
            (4) international organizations, including the United 
        Nations through its Declaration of Human Rights.

SEC. 102. ESTABLISHMENT OF GOAL TO END HOMELESSNESS.

    The Congress hereby declares that--
            (1) the Constitution of the United States of America 
        guarantees every American the right to life, liberty, and the 
        pursuit of Happiness;
            (2) the exercise of such rights is contingent upon the 
        fulfillment of basic needs crucial for the proper development 
        of human life: food, clothing, shelter, medical care, work, and 
        rest; and
            (3) it is a National goal to act in concord with the 
        aforementioned rights and fulfill the basic human need of 
        shelter by ending homelessness in the United States and to 
        provide the security of a home to people in cases of sickness, 
        inability to work, old age, unemployment, and in any other case 
        in which one is deprived of the means of subsistence.

                       TITLE II--HOUSING SECURITY

SEC. 201. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) a rapid decrease in the availability of affordable 
        housing has led to an increase in homelessness in recent years, 
        even for working families;
            (2) high market-rate housing costs have left many families 
        with little, if any, income to pay additional employment-
        related expenses such as transportation, child care, or 
        clothing; and
            (3) each year 90,000 affordable housing units are lost due 
        to demolition or sale of public housing and housing assisted 
        with project-based rental assistance under section 8 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f).

   Subtitle A--Authorizations of Appropriations for Housing Programs

SEC. 221. NATIONAL AFFORDABLE HOUSING TRUST FUND.

    (a) In General.--Title II of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended by adding 
at the end the following new subtitle:

          ``Subtitle G--National Affordable Housing Trust Fund

``SEC. 291. PURPOSES.

    ``The purposes of this subtitle are--
            ``(1) to fill the growing gap in the national ability to 
        build affordable housing by using profits generated by Federal 
        housing programs to fund additional housing activities, without 
        supplanting existing housing appropriations;
            ``(2) to enable rental housing to be built, for families 
        with the greatest economic need, in mixed-income settings and 
        in areas with the greatest economic opportunities;
            ``(3) to promote homeownership for low-income families; and
            ``(4) to produce, rehabilitate, and preserve at least 
        1,500,000 affordable dwelling units over the next decade.

``SEC. 292. TRUST FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the National Affordable 
Housing Trust Fund, which shall be available as provided in this 
subtitle for assisting the development, rehabilitation, and 
preservation of affordable housing.
    ``(b) Deposits to Trust Fund.--For fiscal year 2004 and each fiscal 
year thereafter, there shall be appropriated to the Trust Fund an 
amount equal to the sum of--
            ``(1) the amount by which the balance in the Mutual 
        Mortgage Insurance Fund established under section 202(a) of the 
        National Housing Act (12 U.S.C. 1708(a)), at the conclusion of 
        the preceding fiscal year, exceeds the amount necessary for 
        such Fund to maintain the capital ratio required under section 
        205(f) of such Act (12 U.S.C. 1711(f)); and
            ``(2) the amount by which any amounts collected or received 
        by the Government National Mortgage Association during the 
        preceding fiscal year exceeds the amount necessary to pay the 
        administrative costs and expenses necessary to ensure the 
        safety and soundness of the Government National Mortgage 
        Association, as determined by the Secretary.
    ``(c) Expenditures From Trust Fund.--For fiscal year 2004 and each 
fiscal year thereafter, amounts appropriated to the Trust Fund for each 
such fiscal year shall be available to the Secretary of Housing and 
Urban Development for providing assistance under this subtitle.

``SEC. 293. ALLOCATIONS FOR STATES AND PARTICIPATING LOCAL 
              JURISDICTIONS.

    ``The Secretary shall use the total amount made available under 
section 292(c) to the Secretary from the Trust Fund for such fiscal 
year to provide assistance under this subtitle for the States and 
participating local jurisdictions. Of such total amount, the Secretary 
shall allocate 40 percent for States for use under section 294 and 60 
percent for participating local jurisdictions for use under section 
294.

``SEC. 294. ASSISTANCE FROM TRUST FUND.

    ``(a) Affordable Housing Needs Formula.--The Secretary shall 
establish a formula to allocate assistance under this subtitle among 
eligible recipients based on the relative need of the eligible 
recipient, among other eligible recipients that are States or 
participating local jurisdictions, as appropriate, to increase the 
supply of decent quality affordable housing. The formula shall be based 
upon a comparison of the following factors for each eligible recipient:
            ``(1) The percentage of families in the jurisdiction of the 
        eligible recipient that live in substandard housing.
            ``(2) The percentage of families in the jurisdiction of the 
        eligible recipient that pay more than 50 percent of their 
        annual income for housing costs.
            ``(3) The percentage of persons in the jurisdiction of the 
        eligible recipient having an income at or below the poverty 
        line.
            ``(4) The cost of developing or carrying out rehabilitation 
        of housing in the jurisdiction of the eligible recipient.
            ``(5) In the case of an eligible recipient that is a State, 
        the percentage of the population of the eligible recipient that 
        resides in counties having extremely low vacancy rates.
            ``(6) The percentage of housing stock in the jurisdiction 
        of the eligible recipient that is extremely old housing.
            ``(7) Any other factors that the Secretary determines to be 
        appropriate.
    ``(b) Formula Amount.--
            ``(1) In general.--For fiscal year 2004 and each fiscal 
        year thereafter, the Secretary shall determine the formula 
        amount under this subsection for each eligible recipient.
            ``(2) States.--The formula amount for each State shall be 
        the amount determined for such State by applying the formula 
        under subsection (a) to the total amount allocated under 
        section 293 for all States for the fiscal year.
            ``(3) Participating local jurisdictions.--The formula 
        amount for each participating local jurisdiction shall be the 
        amount determined for such participating local jurisdiction by 
        applying the formula under subsection (a) to the total amount 
        allocated under section 293 for all participating local 
        jurisdictions for the fiscal year.
    ``(c) Allocation Amount.--The allocation under this subsection for 
a State or local participating jurisdiction for a fiscal year shall be 
determined as follows:
            ``(1) States.--In the case of a State:
                    ``(A) Minimum amount.--If the formula amount 
                determined under subsection (b) for the State for the 
                fiscal year is less than 1 percent of the total amount 
                made available under section 292(c) for such fiscal 
                year, the allocation for the State shall be 1 percent 
                of such amount.
                    ``(B) Formula amount.--If the formula amount 
                determined under subsection (b) for the State for the 
                fiscal year is 1 percent or more of the total amount 
                made available under section 292(c) for such fiscal 
                year, the allocation for the State shall be the formula 
                amount for the State, except that the Secretary shall 
                reduce such formula amounts for all States whose 
                allocations are determined under this paragraph on a 
                pro rata basis by the amount necessary to account for 
                any increases from the formula amount for allocations 
                made under paragraph (1) of this subsection so that the 
                total of the allocations for all States is equal to the 
                amount of the allocation under section 293 for States.
            ``(2) Participating local jurisdictions.--The allocation 
        for each eligible participating local jurisdiction shall be the 
        formula amount for the eligible jurisdiction determined under 
        subsection (b).
    ``(d) Grant Awards.--For fiscal year 2004 and each fiscal year 
thereafter, using the amounts made available to the Secretary from the 
Trust Fund for such fiscal year under section 292(c), the Secretary 
shall make a grant to each eligible recipient in the lesser of the 
following amounts:
            ``(1) Full allocation.--The amount of the allocation under 
        subsection (c) for the eligible recipient.
            ``(2) 4 times matching contribution.--The amount that is 
        equal to 4 times the amount of funds provided in cash, in-kind 
        contributions, or other eligible amounts by the eligible 
        recipient from non-Federal sources for use only as provided in 
        subsection (e)(2).
    ``(e) Matching Contribution.--
            ``(1) Eligible amounts.--For purposes of subsection (d)(2), 
        only the following amounts shall be considered other eligible 
        amounts from non-Federal sources:
                    ``(A) Low-income housing tax credits.--50 percent 
                of funds allocable to tax credits allocated under 
                section 42 of the Internal Revenue Code of 1986.
                    ``(B) Mortgage bond revenue.--50 percent of revenue 
                from mortgage revenue bonds issued under section 143 of 
                such Code.
                    ``(C) Tax exempt bonds proceeds.--50 percent of 
                proceeds from the sale of tax exempt bonds.
                    ``(D) CDBG program amounts.--50 percent of grant 
                amounts received under the community development block 
                grant program under title I of the Housing and 
                Community Development Act of 1974 (42 U.S.C. 5301 et 
                seq.).
                    ``(E) HOME program amounts.--50 percent of funds 
                received under the HOME investment partnerships program 
                under subtitles A through F of this title.
                    ``(F) Project-based voucher assistance.--50 percent 
                of funds used each year pursuant to paragraph (13) of 
                section 8(o) of the United States Housing Act of 1937 
                (42 U.S.C. 1437f(o)(13)) for the duration of the 
                applicable housing assistance payments contract.
                    ``(G) Temporary assistance for needy families.--
                Federal, State, and local funds provided under part A 
                of title IV of the Social Security Act (42 U.S.C. 601 
                et seq.).
                    ``(H) Rural housing assistance.--50 percent of 
                amounts received under title V of the Housing Act of 
                1949 (42 U.S.C. 1471 et seq.).
                    ``(I) Veterans administration homeless providers 
                grant and per diem program.--50 percent of amounts 
                received under the comprehensive service programs for 
                homeless veterans under subchapter II of chapter 20 of 
                title 38, United States Code (including providers 
                grants under section 2011 of such subchapter and per 
                diem under section 2012 of such subchapter).
                    ``(J) General state revenue.--Any other State or 
                unit of general local government revenue that is not 
                derived from Federal sources, including any State tax 
                revenue.
            ``(2) Use of matching amounts.--Use of amounts as provided 
        in this paragraph shall be used only for--
                    ``(A) eligible activities relating to affordable 
                housing; or
                    ``(B) eligible activities relating to a project not 
                less than 50 percent of the dwelling units of which 
                qualify as affordable housing.
            ``(3) Certification.--The Secretary shall require eligible 
        recipients to certify to the Secretary the amount of funds from 
        non-Federal sources provided for purposes of subsection (d)(2).
    ``(f) Grants for Ineligible Recipients and Recipients With 
Insufficient Matching Contributions.--
            ``(1) Available amounts.--For a fiscal year, the following 
        amounts shall be available for grants under this subsection:
                    ``(A) Allocation for ineligible recipient.--With 
                respect to each ineligible recipient, the amount of the 
                allocation for the State or participating local 
                jurisdiction for such fiscal year determined under 
                subsection (c).
                    ``(B) Unmatched portion of allocation.--With 
                respect to any eligible recipient for which the amount 
                of the grant assistance for such fiscal year is 
                determined under subsection (d)(2), the amount by which 
                the allocation determined under subsection (c) for the 
                eligible recipient for the fiscal year exceeds the 
                grant assistance for the eligible recipient for the 
                fiscal year.
            ``(2) Notice.--For each fiscal year, not later than 60 days 
        after the date that the Secretary determines that the amounts 
        described in paragraph (1) shall be available for grants under 
        this subsection, the Secretary shall cause to be published in 
        the Federal Register a notice that such amounts shall be so 
        available.
            ``(3) Applications.--The Secretary shall provide for 
        nonprofit and public entities (and consortia thereof, which may 
        include units of local government working together on a 
        regional basis) to submit applications, during the 9-month 
        period beginning upon publication of a notice of funding 
        availability under paragraph (2), for a grant of all or a 
        portion of the amounts referred to in paragraph (1). Such an 
        application shall include--
                    ``(A) a certification that the applicant will 
                provide supplemental amounts in accordance with 
                paragraph (5)(B)(i); and
                    ``(B) an allocation plan described in paragraph 
                (5)(B)(ii).
            ``(4) Selection criteria.--The Secretary shall, by 
        regulation, establish criteria for selecting applicants that 
        meet the requirements of paragraph (3) for funding under this 
        subsection. Such criteria shall give priority to applications 
        that provide that grant amounts under this subsection will be 
        used for eligible activities relating to affordable housing 
        that is located in the State for which such grant funds were 
        originally allocated under subsection (c).
            ``(5) Award and use of grant assistance.--
                    ``(A) Award of grants.--Subject only to the absence 
                of applications meeting the requirements of paragraph 
                (3), upon the expiration of the period referred to in 
                such paragraph, the Secretary shall select an applicant 
                or applicants under this subsection to receive the 
                amounts available under paragraph (1) and shall make a 
                grant or grants to such applicant or applicants. The 
                selection shall be based upon the criteria established 
                under paragraph (4).
                    ``(B) Grant requirements.--Grant assistance under 
                this subsection shall be subject to the following 
                requirements:
                            ``(i) Matching amounts.--The grantee shall 
                        supplement any grant amounts received under 
                        this subsection with an amount equal to 25 
                        percent of such grant amounts.
                            ``(ii) Use.--Grant amounts received under 
                        this subsection shall be used in accordance 
                        with an allocation plan that meets the 
                        requirements of section 295(e) and provides 
                        that any assistance provided to the applicant 
                        under this subsection, and any supplemental 
                        amounts provided by the applicant pursuant to 
                        clause (i), shall be used only to carry out 
                        eligible activities.

``SEC. 295. USE OF ASSISTANCE BY RECIPIENTS.

    ``(a) Distribution to Eligible Entities.--Each eligible recipient 
that receives a grant under this subtitle shall distribute the grant 
amounts (excluding any amounts used under subsection (b)) to eligible 
entities for use by such entities only for eligible activities in the 
jurisdiction of the eligible recipient, as follows:
            ``(1) Use for rental housing for extremely low-income 
        families.--Not less than 45 percent of such amounts shall be 
        distributed for use only for eligible activities relating to 
        affordable housing in the jurisdiction of the eligible 
        recipient that is available for rental by families (as such 
        term is defined in section 3(b) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437a(b))) whose incomes do not exceed 
        30 percent of the greater of--
                    ``(A) the median family income for the area in 
                which the housing is located, as determined by the 
                Secretary with adjustments for smaller and larger 
                families; and
                    ``(B) the median family income for the State in 
                which the housing is located, as determined by the 
                Secretary with adjustments for smaller and larger 
                families.
        Such rental housing shall include limited equity cooperative 
        housing, as such term is defined in section 143(k) of the 
        Internal Revenue Code of 1986 (26 U.S.C 143(k)).
            ``(2) Use for rental housing for minimum wage-income 
        families.--Not less than 30 percent of such amounts shall be 
        distributed for use only for eligible activities relating to 
        affordable housing in the jurisdiction of the eligible 
        recipient that is available for rental by families (as such 
        term is defined in section 3(b) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437a(b))) whose incomes do not exceed 
        the amount earned by one individual who is employed on a full-
        time basis in a position that pays the greater of--
                    ``(A) the Federal minimum wage under section 
                6(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 206(a)(1)); and
                    ``(B) the minimum wage under the laws of the State 
                in which the housing is located.
        Such rental housing shall include limited equity cooperative 
        housing, as such term is defined in section 143(k) of the 
        Internal Revenue Code of 1986 (26 U.S.C 143(k)).
            ``(3) Use for rental housing or homeownership assistance 
        for low-income families.--Not more than 25 percent of such 
        amounts shall be distributed for use only for eligible 
        activities relating to affordable housing in the jurisdiction 
        of the eligible recipient that is available for rental by 
        families (as such term is defined in section 3(b) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437a(b))) whose incomes 
        do not exceed 80 percent of the greater of--
                    ``(A) the median family income for the area in 
                which the housing is located, as determined by the 
                Secretary with adjustments for smaller and larger 
                families, and
                    ``(B) the median family income for the State in 
                which the housing is located, as determined by the 
                Secretary with adjustments for smaller and larger 
                families,
        or for homeownership assistance for such families in the 
        jurisdiction of the eligible recipient. Such rental housing and 
        homes for homeownership shall include housing of a cooperative 
        housing corporation, as such term is defined in section 216(b) 
        of the Internal Revenue Code of 1986 (26 U.S.C 216(b)).
    ``(b) Operating Assistance for Nonprofit Housing Development 
Organizations.--An eligible entity that receives a grant under this 
subtitle may use not more than 5 percent of such grant amounts to 
provide assistance to nonprofit organizations involved in the 
development, rehabilitation, or preservation of affordable rental 
housing for payment of operating costs of such organizations. Such 
nonprofit organizations shall include community housing development 
organizations (as such term is defined in section 104 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12704)), community 
development financial institutions (as such term is defined in section 
103 of the Community Development Banking and Financial Institutions Act 
of 1994 (12 U.S.C. 4702)), community development corporations (as such 
term is defined in section 31131 of the National Community Economic 
Partnership Act of 1994 (42 U.S.C. 13851)), and community-based 
development organizations.
    ``(c) Cost Limits.--The Secretary shall establish limitations on 
the amount of grant amounts that may be used, on a per unit basis, for 
eligible activities. Such limitations shall be the same as the per unit 
cost limits established pursuant to section 212(e) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12742(e)), as 
adjusted annually, and established by number of bedrooms, market area, 
and eligible activity.
    ``(d) Eligible Recipients.--With respect to a fiscal year, a State 
or participating local jurisdiction shall be an eligible recipient for 
purposes of this subtitle for such fiscal year only if the State or 
participating local jurisdiction has established an allocation plan 
that has been submitted to the Secretary and reviewed and approved by 
the Secretary as in accordance with subsection (e). The Secretary may 
disapprove an allocation plan only if the plan fails to comply with 
requirements set forth in this section.
    ``(e) Allocation Plan.--
            ``(1) In general.--An allocation plan in accordance with 
        this subsection is a plan, established by a State or 
        participating local jurisdiction, as appropriate, for a fiscal 
        year, for the distribution of grant amounts provided to the 
        State or participating local jurisdiction under this subtitle 
        for such fiscal year that is based on priority housing needs, 
        as determined by the State or participating local jurisdiction.
            ``(2) Establishment.--In establishing an allocation plan, 
        the State or participating local jurisdiction shall notify the 
        public of the establishment of the plan, provide an opportunity 
        for public comments regarding the plan, consider any public 
        comments received, and make the completed plan available to the 
        public.
            ``(3) Contents.--An allocation plan of a State or 
        participating local jurisdiction shall include the following 
        information:
                    ``(A) Application requirements for eligible 
                entities and subrecipients.--The allocation plan shall 
                set forth the requirements for eligible entities and 
                eligible subrecipients to apply to receive assistance 
                from grant amounts under this subtitle, including a 
                requirement that each such application include--
                            ``(i) a description of the eligible 
                        activities to be conducted using such 
                        assistance; and
                            ``(ii) a certification by the applicant 
                        that any housing units assisted with such 
                        assistance will comply with the requirements 
                        under--
                                    ``(I) section 296(1)(A) (relating 
                                to rents charged);
                                    ``(II) section 296(1)(B) (relating 
                                to tenant rent contribution);
                                    ``(III) section 296(1)(C) (relating 
                                to availability of units for voucher 
                                holders);
                                    ``(IV) section 296(1)(D) (relating 
                                to use as affordable housing for 50 
                                years);
                                    ``(V) section 296(1)(E) (relating 
                                to mixed income); and
                                    ``(VI) section 808(d) of the Fair 
                                Housing Act (relating to the obligation 
                                to affirmatively further fair housing).
                    ``(B) Selection and preference criteria for 
                eligible entities and subrecipients.--The allocation 
                plan shall set forth the factors for consideration in 
                selecting among applicants that meet the application 
                requirements set forth pursuant to subparagraph (A), 
which shall give preference to applicants based on--
                            ``(i) the amount of assistance leveraged by 
                        the applicant from private and other non-
                        Federal sources for carrying out the eligible 
                        activities to be funded with assistance from 
                        grant amounts under this subtitle, including 
                        assistance made available under section 8 of 
                        the United States Housing Act of 1937 (42 
                        U.S.C. 1437f) that is devoted to the project 
                        that contains the affordable housing to be 
                        assisted with such assistance;
                            ``(ii) the extent of local assistance that 
                        will be provided in carrying out the eligible 
                        activities, including--
                                    ``(I) financial assistance;
                                    ``(II) the extent to which the 
                                applicant has worked to address issues 
                                of siting and exclusionary zoning or 
                                other policies that are barriers to 
                                affordable housing with the unit of 
                                general local government in which the 
                                housing to be assisted with such 
                                assistance will be located; and
                                    ``(III) the extent to which the 
                                applicant has worked with the unit of 
                                general local government to reduce the 
                                barriers to affordable housing;
                            ``(iii) the degree to which the project in 
                        which the affordable housing will be located 
                        will have residents of various incomes;
                            ``(iv) the extent of employment and other 
                        economic opportunities for low-income families 
                        in the area in which the housing will be 
                        located;
                            ``(v) the extent to which the applicant 
                        demonstrates the ability to maintain dwelling 
                        units as affordable housing through the use of 
                        assistance made available under this subtitle, 
                        assistance leveraged from non-Federal sources, 
                        assistance made available under section 8 of 
                        the United States Housing Act of 1937 (42 
                        U.S.C. 1437f), State or local assistance, 
                        programs to increase tenant income, cross-
                        subsidization, and any other resources;
                            ``(vi) the extent to which the applicant 
                        demonstrates that the county in which the 
                        housing is to be located is experiencing an 
                        extremely low vacancy rate;
                            ``(vii) the extent to which the percentage 
                        of the housing located in such county that is 
                        extremely old housing exceeds 35 percent;
                            ``(viii) the extent to which the housing 
                        assisted with the grant amounts will be 
                        accessible to persons with disabilities;
                            ``(ix) the extent to which the applicant 
                        demonstrates that the affordable housing 
                        assisted with the grant amounts will be located 
                        in proximity to public transportation, job 
                        opportunities, child care, and community 
                        revitalization projects; and
                            ``(x) the extent to which the applicant has 
                        provided that assistance from grant amounts 
                        made available under this subtitle will be used 
                        for eligible activities relating to housing 
                        located in census tracts in which the number of 
                        families having incomes less than the poverty 
                        line is less than 20 percent.
            ``(4) Consolidated plan.--The Secretary shall provide that 
        a State or local participating jurisdiction may comply with the 
        requirements under this subsection for submission of an 
        allocation plan through the inclusion of any appropriate 
        information in a single consolidated submission used for 
        purposes of applying for other community planning and 
        development and housing assistance programs administered by the 
        Secretary.
    ``(f) Forms of Assistance.--
            ``(1) In general.--Assistance may be distributed pursuant 
        to this section in the form of capital grants, noninterest 
        bearing or low-interest loans or advances, deferred payment 
        loans, guarantees, and any other forms of assistance approved 
        by the Secretary.
            ``(2) Repayments.--If an eligible recipient awards 
        assistance under this section in the form of a loan or other 
        mechanism by which funds are later repaid to the eligible 
        recipient, any repayments received by the eligible recipient 
        shall be distributed by the eligible recipient in accordance 
        with the allocation plan under subsection (e) for the eligible 
        recipient for the fiscal year in which such repayments are 
        made.
    ``(g) Coordination With Other Assistance.--In distributing 
assistance pursuant to this section, each eligible recipient shall, to 
the maximum extent practicable, coordinate such distribution with the 
provision of other Federal, State, and local housing assistance, 
including--
            ``(1) in the case of any State, housing credit dollar 
        amounts allocated by the State under section 42(h) of the 
        Internal Revenue Code of 1986;
            ``(2) assistance made available under the HOME Investment 
        Partnerships Act (42 U.S.C. 12721 et seq.) or the community 
        development block grant program under title I of the Housing 
        and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
            ``(3) private activity bonds;
            ``(4) assistance made available under section 9 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437g);
            ``(5) assistance made available under section 8(o) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(o));
            ``(6) assistance made available under title V of the 
        Housing Act of 1949 (42 U.S.C. 1471 et seq.); and
            ``(7) any other housing assistance programs.
    ``(h) Effect of Assistance Under Program.--Notwithstanding any 
other provision of law, the provision of assistance under this subtitle 
for a project shall not reduce the amount of assistance for which such 
project is otherwise eligible under section 42(h) of the Internal 
Revenue Code of 1986 (26 U.S.C. 42(h)) or subtitles A through F of this 
title, if the project does not exceed the cost limits established 
pursuant to subsection (c) of this section.
    ``(i) Administration of Program by Subrecipient.--At the discretion 
of the eligible recipient, an eligible recipient may select an eligible 
subrecipient to carry out all or a portion of the recipient's 
responsibilities under this subtitle, in accordance with this section.
    ``(j) Labor Standards.--Each eligible recipient receiving grant 
amounts under this subtitle shall ensure that contracts for eligible 
activities assisted with such amounts comply with the same requirements 
under section 286 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 12836) that are applicable to contracts for construction 
of affordable housing assisted under such Act.
    ``(k) Failure To Comply.--If the Secretary finds after reasonable 
notice and opportunity for hearing that a State or participating local 
jurisdiction has failed to comply substantially with any provision of 
this subtitle and until the Secretary is satisfied that there is no 
longer any such failure to comply, the Secretary shall have the 
authority to discontinue assistance under this subtitle to the State or 
participating local jurisdiction.

``SEC. 296. DEFINITIONS.

    ``For purposes of this subtitle, the following definitions shall 
apply:
            ``(1) Affordable housing.--The term `affordable housing' 
        means a rental dwelling unit that is subject to legally binding 
        commitments that ensure that the dwelling unit meets all of the 
        following requirements:
                    ``(A) Rents.--The dwelling unit bears a rent not 
                greater than the lesser of--
                            ``(i) the existing fair market rental 
                        established by the Secretary under section 8(c) 
                        of the United States Housing Act of 1937 (42 
                        U.S.C. 1437f(c)) for a dwelling unit of the 
                        same size in the same market area, or the 
                        applicable payment standard for assistance 
                        under section 8(o) of such Act, if higher; and
                            ``(ii) a rent that does not exceed 30 
                        percent of the adjusted income of a family 
                        whose income equals 65 percent of the median 
                        income for the area, as determined by the 
                        Secretary, with adjustment for number of 
                        bedrooms in the unit, except that the Secretary 
                        may establish income ceilings higher or lower 
                        than 65 percent of the median for the area on 
                        the basis of the findings of the Secretary that 
                        such variations are necessary because of 
                        prevailing levels of construction costs or fair 
                        market rents, or unusually high or low family 
                        incomes.
                    ``(B) Tenant rent contribution.--The contribution 
                toward rent by the family residing in the dwelling unit 
                will not exceed 30 percent of the adjusted income of 
                such family.
                    ``(C) Availability of units for voucher holders.--
                The dwelling unit--
                            ``(i) is located in a project within which 
                        a percentage of units are made available only 
                        for occupancy by families assisted under the 
                        voucher program under section 8(o) of the 
                        United States Housing Act of 1937 (42 U.S.C. 
                        1437f(o)) (including project-based assistance 
                        under section 8(o)(13)) on the same basis as 
                        other families eligible for occupancy of the 
                        project (except that only the voucher holder's 
                        expected share of rent shall be considered), 
                        which percentage shall not be less than the 
                        percentage of the total cost of developing, 
                        rehabilitating, or preserving the project that 
                        is funded with assistance under this subtitle; 
                        and
                            ``(ii) is one of the units that is subject 
                        to such occupancy requirements.
                    ``(D) Non-discrimination against voucher holders.--
                The dwelling unit is located in a project in which all 
                dwelling units are subject to enforceable restrictions 
                that provide that a unit may not be refused for leasing 
                to a holder of a voucher of eligibility under section 8 
                of the United States Housing Act of 1937 (42 U.S.C. 
                1437f) because of the status of the prospective tenant 
                as a holder of such voucher.
                    ``(E) Mixed income.--
                            ``(i) In general.--The dwelling unit is 
                        located in a project in which not more than 50 
                        percent of the rental units in the project that 
                        receive assistance under this subtitle and are 
                        not previously occupied may be rented initially 
                        to families with incomes described in section 
                        295(a)(1), as determined at a reasonable time 
                        before occupancy.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply in the case of a project having not more 
                        than 25 dwelling units that is--
                                    ``(I) located in a census tract in 
                                which the number of families having 
                                incomes less than the poverty line is 
                                less than 20 percent;
                                    ``(II) located in a rural area, as 
                                such term is defined in section 520 of 
                                the Housing Act of 1949 (42 U.S.C. 
                                1490); or
                                    ``(III) specifically made available 
                                only for households comprised of 
                                elderly families or disabled families.
                    ``(F) Duration of use.--The dwelling unit will 
                continue to be subject to the requirements under this 
                paragraph for not less than 50 years.
            ``(2) Eligible activities.--The term `eligible activities' 
        means activities relating to providing affordable housing, 
        including--
                    ``(A) the construction of new housing;
                    ``(B) the acquisition of real property;
                    ``(C) site preparation and improvement, including 
                demolition;
                    ``(D) rehabilitation of existing housing;
                    ``(E) the provision of project-based rental 
                assistance for not more than 12 months for a dwelling 
                unit assisted with grant amounts under this subtitle; 
                and
                    ``(F) providing incentives to maintain existing 
                housing as affordable housing and to establish or 
                extend any low-income affordability restrictions for 
                such housing, including covering capital expenditures 
                and operating costs.
            ``(3) Eligible entity.--The term `eligible entity' includes 
        any public or private nonprofit or for-profit entity, unit of 
        general local government, regional planning entity, and any 
        other entity engaged in the development, rehabilitation, or 
        preservation of affordable housing, as determined by the 
        Secretary.
            ``(4) Eligible participating local jurisdiction.--The term 
        `eligible participating local jurisdiction' means a 
        participating local jurisdiction that complies with the 
        requirements under section 295(d).
            ``(5) Eligible recipient.--The term `eligible recipient' 
        means an eligible State or eligible participating local 
        jurisdiction.
            ``(6) Eligible state.--The term `eligible State' means a 
        State that complies with the requirements under section 295(d).
            ``(7) Eligible subrecipient.--The term `eligible 
        subrecipient' means a public agency or a nonprofit 
        organization, including a community development corporation, a 
        community development financial institution, a State or local 
        housing trust fund, and any other intermediary selected by a 
        State or participating local jurisdiction to administer all or 
        a portion of the State's or participating local jurisdiction's 
        responsibilities under this subtitle. The term does not include 
        any public agency or nonprofit organization that receives money 
        from the Trust Fund solely as a developer or owner of housing.
            ``(8) Extremely low vacancy rate.--The term `extremely low 
        vacancy rate' means a housing or rental vacancy rate of 2 
        percent or less.
            ``(9) Extremely old housing.--The term `extremely old 
        housing' means housing that is 45 years old or older.
            ``(10) Fiscal distress; severe fiscal distress.--The terms 
        `fiscal distress' and `severe fiscal distress' have the 
        meanings given such terms in section 220(d).
            ``(11) Full-time basis.--The term `full-time basis' means, 
        with respect to employment, on a 40-hour per week, 52-week per 
        year basis.
            ``(12) Ineligible recipient.--The term `ineligible 
        recipient' means, with respect to a fiscal year, a State or 
        participating local jurisdiction that has not submitted to the 
        Secretary an allocation plan meeting the requirements of 
        section 295(e).
            ``(13) Participating local jurisdiction.--The term 
        `participating local jurisdiction' means, with respect to a 
        fiscal year, any unit of general local government (as such term 
        is defined in section 104 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 12704) that qualifies as a 
        participating jurisdiction under the HOME Investment 
        Partnerships Act for such fiscal year.
            ``(14) Poverty line.--The term `poverty line' has the 
        meaning given such term in section 673(2) of the Omnibus Budget 
        Reconciliation Act of 1981, including any revision required by 
        such section.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
            ``(16) State.--The term `State' has the meaning given such 
        term in section 3(b) of the United States Housing Act of 1937 
        (42 U.S.C. 1437a(b)).
            ``(17) Trust fund.--The term `Trust Fund' means the 
        National Affordable Housing Trust Fund established under 
        section 292.

``SEC. 297. AUTHORIZATION OF APPROPRIATIONS FOR SECTION 8 PROJECT-BASED 
              ASSISTANCE.

    ``There are authorized to be appropriated, for project-based rental 
assistance under section 8(o)(13) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(13)) provided in connection with dwelling 
units assisted under this subtitle, such sums as may be necessary for 
each fiscal year to provide such rental assistance on behalf of each 
family who occupied a dwelling unit assisted under this subtitle for 
which the rent that otherwise may be charged exceeds 30 percent of the 
family's adjusted income, as such term is defined in section 3 of the 
United States Housing Act of 1937 (42 U.S.C. 1437a).

``SEC. 298. INAPPLICABILITY OF HOME PROVISIONS.

    ``Except as specifically provided in this subtitle, no requirement 
under, or provision of, title I or subtitles A through F of this title 
shall apply to assistance provided under this subtitle.

``SEC. 299. REGULATIONS.

    ``Not later than 6 months after the date of enactment of the 
Bringing America Home Act, the Secretary of Housing and Urban 
Development shall promulgate regulations to carry out this subtitle.''.
    (b) Conforming Amendment.--Section 201 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12701 note) is amended by 
striking ``This title'' and inserting ``Subtitles A through F of this 
title''.

SEC. 222. INCREMENTAL RENTAL ASSISTANCE FOR 1,500,000 FAMILIES.

    There are authorized to be appropriated such sums as may be 
necessary for the Secretary of Housing and Urban Development to provide 
1,500,000 incremental housing vouchers for rental assistance under 
section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)) for the 10-year period following the date of enactment of 
this Act.

SEC. 223. FUNDING FOR HUD HOUSING PROGRAMS.

    (a) Section 202 Supportive Housing for the Elderly.--Subsection (h) 
of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q(h)) is 
amended to read as follows:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated for providing grants under this section $1,426,000,000 for 
fiscal year 2004 and such sums as may be necessary for each of fiscal 
years 2005, 2006, 2007, and 2008.''.
    (b) Supportive Housing for Persons With Disabilities.--Subsection 
(m) of section 811 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(m)) is amended to read as follows:
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated for providing assistance under this section $502,000,000 
for fiscal year 2004 and such sums as may be necessary for each of 
fiscal years 2005, 2006, 2007, and 2008. Not less than 30 percent of 
the amounts made available for each fiscal year for providing 
assistance under this section shall be used only for providing 
permanent housing for individuals and families who are homeless (as 
such term is defined in section 103 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11302).''.
    (c) HOME Investment Partnerships Program.--
    Section 205 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 12724) is amended to read as follows:

``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title 
$4,000,000,000 for fiscal year 2004, and such sums as may be necessary 
for each of fiscal years 2005, 2006, 2007, and 2008, of which--
            ``(1) not more than $28,000,000 for fiscal year 2004 and 
        such sums as may be necessary in each of fiscal years 2005, 
        2006, 2007, and 2008, shall be for community housing 
        partnership activities authorized under section 233; and
            ``(2) not more than $22,000,000 for fiscal year 2004 and 
        such sums as may be necessary in each of fiscal years 2005, 
        2006, 2007, and 2008, shall be for activities in support of 
        State and local housing strategies authorized under subtitle 
        C.''.

SEC. 224. HUD RURAL HOUSING AND ECONOMIC DEVELOPMENT PROGRAM.

    There is authorized to be appropriated for grants, through the 
Office of Rural Housing and Economic Development of the Department of 
Housing and Urban Development, to Indian tribes, State housing finance 
agencies, local rural nonprofit organizations, and community 
development organizations, for support of innovative housing and 
economic development activities in rural areas, $25,000,000 for fiscal 
year 2004 and such sums as may be necessary for each of fiscal years 
2005, 2006, 2007, and 2008.

SEC. 225. RURAL HOUSING PROGRAMS.

    (a) Rural Rental Assistance.--Subsection (c) of section 513 of the 
Housing Act of 1949 (42 U.S.C. 1483(c)) is amended by striking the 
subsection designation and all that follows through the end of 
paragraph (1) and inserting the following:
    ``(c) Rental Assistance.--(1) The Secretary may, to the extent 
approved in appropriations Acts, enter into rental assistance payments 
contracts under section 521(a)(2)(A) aggregating $814,000,000 for 
fiscal year 2004 and such sums as may be necessary for each of fiscal 
years 2005, 2006, 2007, and 2008.''.
    (b) Farm Labor Housing Loans.--Section 513(a)(1) of the Housing Act 
of 1949 (42 U.S.C. 1483(a)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``and during fiscal years 2004 through 2008,'' after 
        ``respectively,''; and
            (2) by striking subparagraph (D) and inserting the 
        following new subparagraph:
            ``(D) For insured loans under section 514, $50,000,000 for 
        fiscal year 2004, and such sums as may be necessary for each of 
        fiscal years 2005, 2006, 2007, and 2008.''.
    (c) Farm Labor Housing Grants.--Section 513(b) of the Housing Act 
of 1949 (42 U.S.C. 1483(b)) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        and for fiscal years 2004 through 2008,'' after ``1994,''; and
            (2) in paragraph (7), by striking subparagraph (A) and 
        inserting the following new subparagraph:
                    ``(A) for low-rent housing and related facilities 
                for domestic farm labor under subsections (a) through 
                (J) of such section, $30,000,000 for fiscal year 2004, 
                and such sums as may be necessary for each of fiscal 
                years 2005, 2006, 2007, and 2008; and''.

SEC. 226. DEPARTMENT OF VETERANS AFFAIRS HOMELESS COMPREHENSIVE 
              SERVICES PROGRAMS.

    Section 2013 of title 38, United States Code, is amended by 
striking paragraphs (3) and (4) and inserting the following new 
paragraphs:
            ``(3) $120,000,000 for fiscal year 2004.
            ``(4) $120,000,000 for fiscal year 2005.
            ``(5) Such sums as may be necessary for fiscal years 2006 
        through 2008.''.

SEC. 227. SENSE OF CONGRESS REGARDING APPROPRIATIONS FOR TRANSITIONAL 
              HOUSING ASSISTANCE UNDER VIOLENCE AGAINST WOMEN ACT OF 
              2000.

    (a) Congressional Findings.--The Congress finds that--
            (1) victims of domestic violence often face substantial 
        barriers that inhibit their ability to gain independence from 
        their abusive partners;
            (2) domestic violence advocates report that victims often 
        return to their batterers when a viable option for permanent 
        housing cannot be found; and
            (3) transitional housing works to move beyond the crisis-
        intervention approach of emergency shelters to provide victims 
        of domestic violence with long-term solutions that allow them 
        to rebuild their lives and break the cycle of abuse.
    (b) Sense of Congress.--It is the sense of the Congress that 
transitional housing assistance program under section 319 of the Family 
Violence Prevention and Services Act (42 U.S.C. 10419) should be fully 
funded at $25,000,000, which is the level authorized in subsection (f) 
of such section, to provide transitional housing assistance to 
individuals and their dependents who are homeless or in need of 
transitional housing or other assistance, as a result of fleeing 
domestic violence.

Subtitle B--Federal Homelessness to Housing Mutual Mortgage Association

SEC. 231. SHORT TITLE AND STATEMENT OF PURPOSE.

    (a) Short Title.--This subtitle may be cited as the ``Federal 
Homelessness to Housing Mutual Mortgage Association Act''.
          (b) Statement of Purpose.--It is the purpose of the Federal 
Homelessness to Housing Mutual Mortgage Association to provide housing 
and homeownership opportunities, in a cooperative housing association, 
for homeless families and individuals by--
            (1) sponsoring single room occupancy and family-oriented 
        mutual housing cooperatives; and
            (2) providing continuing management and support services to 
        its self-governed member buildings.

SEC. 232. ESTABLISHMENT.

    (a) In General.--There is hereby established the Federal 
Homelessness to Housing Mutual Mortgage Association, otherwise to be 
known as ``Hollie Mae'', which shall be a body corporate under the 
direction of a Board of Directors. Within the limitations of law and 
regulation, the Board of Directors shall determine the general policies 
that govern the operations of the Association.
    (b) Tax-Exempt Status.--The Association shall be considered, for 
purposes of section 501(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 501(c)(3)), to be a corporation organized and operated for 
charitable purposes and shall be organized and operated at all times in 
a manner such that the Association is an organization exempt from 
taxation pursuant to such section 501.
    (c) Office.--The principal office of the Association shall be in 
the District of Columbia or at any other place determined by the 
Association.
    (d) Board of Directors.--
            (1) Members.--Except as provided in paragraph (5), the 
        Board of Directors of the Association shall consist of 20 
        persons, as follows:
                    (A) Class a tenant-shareholder members.--9 members, 
                who shall be individuals who are tenant-shareholders of 
                mutual housing sponsored and managed by the 
                Association, and who shall be elected pursuant to an 
                election in which only tenant-shareholders of such 
                housing are eligible to vote.
                    (B) Class b board-nominated members.--9 members, 
                who shall meet such criteria regarding experience as 
                the Board shall establish in the areas of low-income 
                housing, finance, supportive services, real estate 
                management, cooperative business, local government, and 
                advocacy and services for homeless persons, and who 
                shall be elected pursuant to an election in which only 
                tenant-shareholders of mutual housing sponsored and 
                managed by the Association may vote, from among 
                qualified persons nominated by existing members of the 
                Board under this subparagraph.
                    (C) Class c presidentially appointed members.--2 
                members, who shall be appointed by the President of the 
                United States.
            (2) Terms.--
                    (A) Class a members.--Each member of the Board of 
                Directors pursuant to paragraph (1)(A) shall be elected 
                for a term of 3 years, except that, as designated at 
                the time of election, of such members first elected 
                pursuant to paragraph (5)(C), 3 members shall be 
                elected for terms of 1 year and 3 members shall be 
                elected for terms of 2 years.
                    (B) Class b members.--Each member of the Board of 
                Directors pursuant to paragraph (1)(B) shall be elected 
                for a term of 3 years, except that, as designated at 
                the time of election, of such members first elected 
                pursuant to paragraph (5)(C), 3 members shall be 
                elected for terms of 1 year and 3 members shall be 
                elected for terms of 2 years.
                    (C) Class c members.--Each member of the Board of 
                Directors pursuant to paragraph (1)(C) shall be 
                appointed for a term of 2 years.
            (3) Vacancies.--Any appointive seat on the Board of 
        Directors that becomes vacant shall be filled by appointment by 
        the President of the United States, but only for the unexpired 
        portion of the term. Any elective seat on the Board of 
        Directors that becomes vacant shall be filled by the Board of 
        Directors, but only for the unexpired portion of the term.
            (4) Prohibition on compensation.--Any member of the Board 
        of Directors who is a full-time officer or employee of the 
        Federal Government shall not, as such member, receive 
        compensation for services as such a member.
            (5) Initial board.--Notwithstanding any other provision of 
        this subsection, the initial Board of Directors shall be 
        organized as follows:
                    (A) Members.--The initial Board shall have 9 
                members--
                            (i) 6 of whom shall be appointed by the 
                        Interagency Council on the Homeless after a 
                        call for nominations, which shall be made by 
                        public notice; and
                            (ii) 3 of whom shall be appointed by the 
                        National Cooperative Bank.
                    (B) Term of operations.--The initial Board shall 
                serve until the expiration of the 180-day period 
                beginning upon the Association having obtained 
                occupancy certificates for three mutual housing 
                cooperatives sponsored by the Association.
                    (C) Transition.--During the period referred to in 
                subparagraph (B), the initial Board shall nominate 
                qualified persons for election to the Board pursuant to 
                paragraph (1)(B), elections pursuant to paragraph (2) 
                shall be held for members of the Board pursuant to 
                subparagraphs (A) and (B) of paragraph (1), and members 
                pursuant to paragraph (1)(C) shall be appointed.

SEC. 233. POWERS AND AUTHORITIES.

    (a) Corporate Powers.--The Association shall have power--
            (1) to adopt, alter, and use a corporate seal;
            (2) to have succession until dissolved by Act of Congress;
            (3) to make and enforce such bylaws, rules, and regulations 
        as may be necessary or appropriate to carry out the purposes or 
        provisions of this subtitle;
            (4) to make and perform contracts, agreements, and 
        commitments;
            (5) to prescribe and impose fees and charges for services 
        by the Association;
            (6) to settle, adjust, and compromise, and with or without 
        consideration or benefit to the Association to release or waive 
        in whole or in part, in advance or otherwise, any claim, 
        demand, or right of, by, or against the Association;
            (7) to sue and be sued, complain and defend, in any State, 
        Federal, or other court;
            (8) to acquire, take, hold, and own, and to deal with and 
        dispose of any property; and
            (9) to determine its necessary expenditures and the manner 
        in which the same shall be incurred, allowed, and paid, and 
        appoint, employ, and fix and provide for the compensation and 
        benefits of officers, employees, attorneys, and agents as the 
        Board of Directors determines reasonable and comparable with 
        compensation for employment in other similar nonprofit 
        businesses.
    (b) Exemption From State Taxation.--
            (1) In general.--Except as provided in paragraph (2), the 
        Association, including its franchise, activities, capital, 
        reserves, surplus, and income, shall be exempt from all 
        taxation now or hereafter imposed by any territory, dependency, 
        or possession of the United States or by any State, county, 
        municipality, or local taxing authority.
            (2) Treatment of real property taxes.--In the case of any 
        real property of the Association that is disposed of by the 
        Association or the use of which changes from mutual housing use 
        to any other use, the Association shall be liable for payment 
        of any taxes that would have been incurred during the 3-year 
        period ending up such disposition or change of use but for 
        paragraph (1).
    (c) Actions.--Notwithstanding section 1349 of title 28, United 
States Code, or any other provision of law--
            (1) the Association shall be deemed to be an agency 
        included in sections 1345 and 1442 of such title 28;
            (2) all civil actions to which the Association is a party 
        shall be deemed to arise under the laws of the United States, 
        and the district courts of the United States shall have 
        original jurisdiction of all such actions, without regard to 
        amount or value; and
            (3) any civil or other action, case or controversy in a 
        court of a State, or in any court other than a district court 
        of the United States, to which the Association is a party may 
        at any time before the trial thereof be removed by the 
        Association, without the giving of any bond or security, to the 
        district court of the United States for the district and 
        division embracing the place where the same is pending, or, if 
        there is no such district court, to the district court of the 
        United States for the district in which the principal office of 
        the Association is located, by following any procedure for 
        removal of causes in effect at the time of such removal.
    (d) Investment of Funds.--Funds of the Association may be invested 
in such investments as the Board of Directors may prescribe. Any 
Federal Reserve bank or Federal home loan bank, or any bank as to which 
at the time of its designation by the Association there is outstanding 
a designation by the Secretary of the Treasury as a general or other 
depositary of public money, may be designated by the Association as a 
depositary or custodian or as a fiscal or other agent of the 
Association, and is hereby authorized to act as such depositary, 
custodian, or agent.

SEC. 234. MUTUAL HOUSING OPERATIONS.

    (a) In General.--The Association may develop, support, finance, 
construct, acquire, reconstruct, rehabilitate, assist, own, operate, 
manage, hold, and otherwise deal in mutual housing.
    (b) Mutual Housing.--For purposes of this subtitle, the term 
``mutual housing'' means housing--
            (1) that is held by the Association or another nonprofit 
        mutual housing association as a cooperative ownership housing 
        association, as the Board of Directors shall provide;
            (2) occupancy in the dwelling units of which is restricted 
        to members of the Association;
            (3) in which a right to permanent occupancy of a dwelling 
        unit is granted to the member, contingent upon payment of a 
        housing charge and fulfillment of such other obligations of 
        membership in the Association as may be established by the 
        Board of Directors;
            (4) the management and operation of which is governed by 
        the Board of Directors, with the advice of a council of 
        residents of the housing as the Board shall establish; and
            (5) within which such resident programs, support services, 
        and assistance may be provided as the Board of Directors, with 
        the advice of the resident council, considers appropriate.
    (c) Housing Affordability, Types, Targeting, and Occupancy 
Priority.--Mutual housing supported, developed, or held by the 
Association shall comply with the following requirements:
            (1) Affordability.--The housing shall be housing that is 
        affordable, as determined by the Board of Directors, for low-
        income families (as such term is defined in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (2) Types.--The housing shall be designed--
                    (A) for occupancy by families; or
                    (B) as single room occupancy dwellings appropriate 
                for occupancy by individuals.
            (3) Income targeting.--All dwelling units in the housing 
        may be reserved for occupancy by
        low-, very low-, and extremely low-income families with modest 
or intermittent needs for other supportive services.
            (4) Occupancy priority.--
                    (A) First priority.--Priority for occupancy in all 
                dwelling units in the housing shall be provided to 
                individuals and families who--
                            (i) during the 12-month period ending upon 
                        initial occupancy, were homeless (as such term 
                        is defined in section 103 of the McKinney-Vento 
                        Homeless Assistance Act (42 U.S.C. 11302); or
                            (ii) during the 24-month period ending upon 
                        initial occupancy, received assistance under a 
                        State program funded under part A of title IV 
                        of the Social Security Act.
                    (B) Secondary priority.--Priority, secondary to 
                that provided pursuant to subparagraph (A), for 
                occupancy in the housing shall be provided to 
                individuals and families holding a voucher for rental 
                assistance under section 8(o) of the United States 
                Housing Act of 1937 (42 U.S.C. 1437f(o)) or other 
                similar tenant-based rental assistance.
                    (C) General availability of units.--If there are 
                insufficient individuals and families that qualify for 
                priorities under subparagraphs (A) and (B) to fill all 
                the dwelling units in the housing, dwelling units may 
                be made available to other individuals and families 
                that meet the income requirements for occupancy in the 
                housing.
            (5) Other.--The housing shall comply with such other 
        policies regarding eligible residents as the Board of Directors 
        may establish.

SEC. 235. FINANCING.

    (a) Authorization of Appropriations for Start-Up.--There is 
authorized to be appropriated to the Association for assistance for the 
supporting and developing mutual housing and costs of the Association 
in carrying out its functions--
            (1) $50,000,000 for fiscal year 2004;
            (2) $100,000,000 for fiscal year 2005; and
            (3) $150,000,000 for fiscal year 2006.
    (b) Obligations and Securities.--
            (1) Authority to issue.--The Association may, upon such 
        terms and conditions as the Board of Directors may prescribe, 
        borrow, give security, pay interest or other return, and issue 
        notes, debentures, bonds, and other obligations and securities.
            (2) Treasury approval.--Any notes, debentures, or 
        substantially identical types of unsecured obligations of the 
        Association evidencing money borrowed, whether general or 
        subordinated, shall be issued upon the approval of the 
        Secretary of the Treasury and shall have such maturities and 
        bear such rate or rates of interest as may be determined by the 
        Association with the approval of the Secretary of the Treasury.
    (c) Temporary Authority To Borrow From Treasury.--
            (1) In general.--The Secretary of the Treasury may purchase 
        any obligations issued under subsection (b). For such purpose, 
        the Secretary may use a public debt transaction the proceeds of 
        the sale of any securities issued under chapter 31 of title 31, 
        United States Code, and the purposes for which securities may 
        be issued under such chapter are extended to include such 
        purpose.
            (2) Limitations on amount and timing.--The Secretary of the 
        Treasury shall not at any time purchase any obligations under 
        this subsection--
                    (A) after the expiration of the 3-year period 
                beginning upon the date of the enactment of the first 
                appropriation Act that provides amounts for the 
                Association pursuant to subsection (a); or
                    (B) if the purchase would increase the aggregate 
                principal amount of the outstanding holdings of 
                obligations under this subsection by the Secretary to 
                an amount greater than $100,000,000.
            (3) Terms and conditions.--Each purchase of obligations by 
        the Secretary of the Treasury under this subsection shall be 
        upon terms and conditions established to yield a rate of return 
        determined by the Secretary of the Treasury to be appropriate, 
        taking into consideration the current average rate on 
        outstanding marketable obligations of the United States as of 
        the last day of the month preceding the making of the purchase.
            (4) Sale.--The Secretary of the Treasury may at any time 
        sell, upon terms and conditions and at prices determined by the 
        Secretary, any of the obligations acquired by the Secretary 
        under this subsection.
            (5) Treatment as public debt transactions.--All 
        redemptions, purchases, and sales by the Secretary of the 
        Treasury of obligations under this subsection shall be treated 
        as public debt transactions of the United States.
    (d) Sense of Congress Regarding Financing.--It is the sense of the 
Congress that--
            (1) in order to facilitate the raising of capital by the 
        Association to carry out its functions, interest on revenue 
        bonds of the Association should be treated under Federal law as 
        exempt from Federal taxation;
            (2) operating funds for housing provided by the Association 
        should be derived wholly from the monthly payments made by, or 
        on behalf of, residents of the cooperative housing of the 
        Association; and
            (3) the Association should use its tax-exempt, nonprofit 
        status to obtain funding and resources for its activities from 
        foundations, State and local governments, land trusts, and 
        other sources of income made available to such organizations.

SEC. 236. RELATIONSHIP WITH OTHER PROGRAMS.

    (a) Community Reinvestment Act Credit.--In assessing and taking 
into account, under section 804(a) of the Community Reinvestment Act of 
1977 (12 U.S.C. 2903(a)), the record of any regulation financial 
institution, the appropriate Federal financial supervisory agency (as 
defined in section 803(1) of such Act) may consider as a factor 
investments in mutual housing supported by the Association in 
determining whether the institution is meeting the credit needs of its 
community for purposes of such section 804(a).
    (b) HUD Mortgagee Programs.--The Secretary of Housing and Urban 
Development shall treat the Association as an eligible mortgagee for 
purposes of participation in all single family and multifamily mortgage 
insurance programs under the National Housing Act (12 U.S.C. 1701 et 
seq.), except that such participation shall be subject to the authority 
of the Mortgagee Review Board under section 202 of such Act (12 U.S.C. 
1708).
    (c) Community Development Financial Institutions.--The Association 
shall, in providing mutual housing in accordance and carrying out its 
functions and responsibilities under this subtitle, utilize and work 
with community development financial institutions (as such term is 
defined in section 103 of the Community Development Banking and 
Financial Institutions Act of 1994 (12 U.S.C. 4702)) to the maximum 
extent practicable.
    (d) Fannie Mae.--Section 302(b) of the Federal National Mortgage 
Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the 
end the following new paragraph:
    ``(7) The corporation may purchase, service, sell lend on the 
security of, and otherwise deal in loans or advances of credit secured 
by any first or subsequent mortgage or other lien on mutual housing 
that is owned or leased by the Federal Homeownership Mutual Mortgage 
Association. Such mortgages shall meet any purchase standards otherwise 
established by the corporation pursuant to section 304(a).''
    (e) Freddie Mac.--Section 305(a) of the Federal Home Loan Mortgage 
Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the 
following new paragraph:
    ``(6) The Corporation may purchase, service, sell lend on the 
security of, and otherwise deal in loans or advances of credit secured 
by any first or subsequent mortgage or other lien on mutual housing 
that is owned or leased by the Federal Homeownership Mutual Mortgage 
Association. Such mortgages shall meet any purchase standards otherwise 
established by the Corporation pursuant to paragraph (1).''.
    (f) Ginnie Mae.--The first sentence of section 306(g)(1) of the 
National Housing Act (12 U.S.C. 1721(g)(1)) is amended by inserting 
before the period at the end the following: ``; or a trust or pool or 
composed of mortgages on mutual housing that is owned or leased by the 
Federal Homeownership Mutual Mortgage Association''.
    (g) Revenue Bonds and Tax Credits.--
            (1) Mutual housing bonds treated as qualified mortgage 
        bonds.--Any bond which is issued as part of an issue by a State 
        or political subdivision thereof for the purpose of providing 
        mutual housing developed by the Association to members of a 
        limited equity cooperative shall be treated as a qualified 
        mortgage bond for purposes of section 143 of the Internal 
        Revenue Code of 1986 (relating to qualified mortgage bonds). 
        For purposes of the preceding sentence, section 143(d) of such 
        Code shall be applied by substituting ``80 percent'' for ``95 
        percent''.
            (2) Rehabilitation credit.--For purposes of section 47 of 
        the Internal Revenue Code of 1986 (relating to rehabilitation 
        credit), mutual housing supported, developed, or held by the 
        Association shall be treated as residential rental property.
            (3) Credit may be transferred.--Nothing in any law or rule 
        of law shall be construed to limit the transferability of the 
        credit allowed to the Association by sections 42 and 47 of the 
        Internal Revenue Code of 1986 (relating to low-income housing 
        credit and rehabilitation credit) through sale and repurchase 
        agreements.
    (h) CDBG and HOME.--Notwithstanding any other provision of law----
            (1) mutual housing owned or leased by the Association or 
        any affiliate of the Association that is formed for the purpose 
        of owning or leasing mutual housing shall be considered 
        affordable housing for purposes of the HOME Investment 
        Partnerships Act; and
            (2) the provision of assistance for the development of such 
        mutual housing shall be considered an activity eligible for 
        assistance under title I of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5301 et seq.).
    (i) Section 8 Homeownership Program.--Notwithstanding any other 
provision of law, homeownership assistance under section 8(y) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(y)) may be used in 
connection with fulfilling the financial obligations for membership in 
a mutual housing association operating housing owned or leased by the 
Association and for residence in housing of such association, in the 
manner that such assistance is made available under such section for 
ownership in a housing cooperative. Such use shall include use of 
assistance amounts to provide a deposit with the Association, on behalf 
of such a resident, in an amount not exceeding three months carrying 
charges, which shall be held by the Association and used at the request 
of the resident and the approval of the Secretary upon financial 
hardship to the resident, and if not so used shall be recovered by the 
Secretary upon termination of the membership of the resident in the 
Association.
    (j) Supportive Housing.--
            (1) Partnering authority.--Mutual housing owned or leased 
        by the Association may be developed as--
                    (A) supportive housing for the elderly eligible for 
                assistance under section 202 of the Housing Act of 1959 
                (12 U.S.C. 1701q); or
                    (B) supportive housing for persons with 
                disabilities eligible for assistance under section 811 
                of the Cranston-Gonzalez National Affordable Housing 
                Act (42 U.S.C. 8013).
The Association may enter into such agreements with sponsors of such 
housing as may be necessary to develop such mutual housing.
            (2) Membership fees.--Notwithstanding section 202(i) of the 
        Housing Act of 1959 (12 U.S.C. 1701q(i)), section 811 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        8013(i)), and the regulations issued under subtitle C of title 
        VI of the Housing and Community Development Act of 1992 (42 
        U.S.C. 13601 et seq.), the Association may require residents of 
        such supportive housing owned or leased by the Association to 
        pay a one-time membership fee not to exceed $500, as such fee 
        may be increased to account for inflation according to such 
        index as the Board of Directors may provide, to become a member 
        of the Association.

SEC. 237. OVERSIGHT.

    (a) HUD.--The Association shall submit to the Secretary of Housing 
and Urban Development and the Congress--
            (1) on an annual basis, a report describing--
                    (A) the mutual housing activities of the 
                Association; and
                    (B) the financial condition and operations of the 
                Association; and
            (2) such other reports as the Secretary may require.
    (b) Treasury.--During the period set forth in section 245(c)(2)(A), 
the Association shall submit to the Secretary of the Treasury, on an 
annual basis, a report regarding the financial condition and operations 
of the Association, including any borrowing activities of the 
Association, that contains such information as the Secretary may 
require.
    (c) Audit of Financial Statements.--
            (1) Requirement.--The Association shall have an annual 
        independent audit made of its financial statements by an 
        independent public accountant in accordance with generally 
        accepted auditing standards. The Association shall submit the 
        audit to the Secretary of Housing and Urban Development.
            (2) Contents.--In conducting an audit under this 
        subsection, the independent public accountant shall determine 
        and report on whether the financial statements of the 
        Association are presented fairly in accordance with generally 
        accepted accounting principles.
    (d) GAO Audit Authority.--
            (1) In general.--The programs, activities, receipts, 
        expenditures, and financial transactions of the Association 
shall be subject to audit by the Comptroller General of the United 
States under such rules and regulations as may be prescribed by the 
Comptroller General. The representatives of the General Accounting 
Office shall have access to all books, accounts, financial records, 
reports, files and all other papers, things, or property belonging to 
or in use by the Association and necessary to facilitate the audit, and 
they shall be afforded full facilities for verifying transactions with 
the balances or securities held by depositaries, fiscal agents, and 
custodians. A report on each such audit shall be made by the 
Comptroller General to the Congress. The Association shall reimburse 
the General Accounting Office for the full cost of any such audit as 
billed therefor by the Comptroller General.
            (2) Access to audit information.--To carry out this 
        subsection, the representatives of the General Accounting 
        Office shall have access, upon request to the Association or 
        any auditor for an audit of the Association under subsection 
        (c), to any books, accounts, financial records, reports, files, 
        or other papers, things, or property belonging to or in use by 
        the Association and used in any such audit and to any papers, 
        records, files, and reports of the auditor used in such an 
        audit.

SEC. 238. PROTECTION OF NAME.

    (a) Name.--Except as expressly authorized by statute of the United 
States, no individual or organization (except the Association) may use 
the term ``Federal Homelessness to Housing Mutual Mortgage 
Association'', ``Hollie Mae'', or any combination of words including 
``Federal'' and ``Homelessness to Housing'' and ``Mutual'' and 
``Mortgage'', as a name or part thereof under which any individual or 
organization does any business, but this subsection shall not make 
unlawful the use of any name under which business is being done on the 
date of the enactment of this Act.
    (b) Signs and insigne.--No individual or organization shall use or 
display--
            (1) any sign, device, or insigne prescribed or approved by 
        the Association for use or display by the Association,
            (2) any copy, reproduction, or colorable imitation of any 
        such signs, device, or insigne, or
            (3) any sign, device, or insigne reasonably calculated to 
        convey the impression that it is a sign, device, or insigne 
        used by the Association or prescribed or approved by the 
        Association,
contrary to regulations of the Association prohibiting, or limiting or 
restricting, such use or display by such individual or organization.
    (c) Penalties.--An individual or organization violating this 
section shall for each violation be punished by a fine of not more than 
$10,000. An officer or member of an organization participating or 
knowingly acquiescing in any violation of this section shall be 
punished by a fine of not more than $5,000 or imprisonment for not more 
than one year, or both

SEC. 239. DEFINITIONS.

    For purposes of this subtitle, the following definitions shall 
apply:
            (1) Association.--The term ``Association'' means the 
        Federal Homelessness to Housing Mutual Mortgage Association.
            (2) Board of directors.--The term ``Board of Directors'' 
        means the Board of Directors of the Association.

SEC. 240. TERRITORIAL APPLICABILITY.

    Notwithstanding any other law, the Association may carry out mutual 
housing activities within the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, Guam, the Virgin Islands, American Samoa, and any 
other territory or possession of the United States.

   Subtitle C--Use of Federal Surplus Property to Assist the Homeless

SEC. 271. USE OF FEDERAL SURPLUS PROPERTY TO ASSIST THE HOMELESS.

    Section 501 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11411) is amended--
            (1) in subsection (a), by inserting before the period at 
        the end of the first sentence the following: ``, properties in 
        the single-family inventory of the Department of Housing and 
        Urban Development, or real properties that are in the custody 
        of the United States as a result of civil or criminal 
        forfeiture proceedings under the Federal Food, Drug, and 
        Cosmetic Act;
            (2) in subsection (f), by inserting after paragraph (4) the 
        following new paragraph:
    ``(5) The uses to assist the homeless for which property may be 
made available under this section shall include permanent housing for 
the homeless.'';
            (3) in subsection (i)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) the term `permanent housing'' means housing that may 
        be occupied for a period of unlimited duration.''; and
            (4) by adding at the end the following new subsection:
    ``(j) Notification.--The Secretary of Housing and Urban 
Development, the Secretary of Health and Human Services, and the 
Director of the Interagency Council on the Homeless shall undertake 
activities necessary to ensure that representatives of the homeless are 
notified of properties available in their localities pursuant to this 
title and of procedures for applying for such properties.''.

            TITLE III--HOMELESS INTERVENTION AND PREVENTION

SEC. 301. PRESERVATION OF PUBLIC HOUSING DWELLING UNITS UNDER HOPE VI.

    (a) Purposes.--Section 24(a)(1) of the United States Housing Act of 
1937 (42 U.S.C. 1437v(a)) is amended by inserting before the semicolon 
at the end the following: ``, while retaining or increasing the overall 
number of dwelling units available to low-income families''.
    (b) Prohibition of Net Loss of Dwelling Units.--Section 24 of the 
United States Housing Act of 1937 (42 U.S.C. 1437v) is amended--
            (1) by redesignating subsections (h) through (n) as 
        subsections (j) through (p), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Prohibition of Net Loss of Dwelling Units.--The Secretary may 
not approve an application for a grant under this section unless the 
application provides--
            ``(1) for the provision of at least one additional decent, 
        safe, and sanitary public housing dwelling unit for each public 
        housing dwelling unit demolished or disposed of under the 
        application, which additional dwelling units shall be reserved 
        for occupancy by low-income families and located within the 
        jurisdiction of the applicant; and
            ``(2) that the total number of bedrooms in additional 
        public housing dwelling units provided pursuant to paragraph 
        (1) is equal to or exceeds the total number of bedrooms in 
        dwelling units demolished or disposed of under the 
        application.''.

SEC. 302. RIGHT TO NEW UNITS OF INDIVIDUALS AND FAMILIES DISPLACED BY 
              HOPE VI PROJECTS.

    (a) Purposes.--Section 24(a) of the United States Housing Act of 
1937 (42 U.S.C. 1437v(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) providing individuals and families previously 
        residing in public housing replaced pursuant to this section 
        with the right to occupancy in a new replacement dwelling unit; 
        and''.
    (b) Right of Residents To Occupy New Dwelling Units.--Section 24 of 
the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended by 
inserting after subsection (h) (as added section 301 of this Act) the 
following new subsection:
    ``(i) Right of Previous Residents To Occupy New Dwelling Units.--
The Secretary may not approve an application for a grant under this 
section unless the application provides that each family displaced from 
a public housing dwelling unit that is demolished or disposed of under 
the application, or otherwise displaced by revitalization activities 
under the application, will be offered first occupancy in a public 
housing or other subsidized dwelling unit of appropriate size 
constructed, acquired, or rehabilitated under the application.''.

SEC. 303. POLICIES REGARDING HOMELESS INDIVIDUALS AND FAMILIES IN 
              FEDERALLY FUNDED FACILITIES.

    (a) Maintaining Family Units in Overnight Shelters.--A federally 
funded facility that provides shelter to homeless individuals on an 
emergency or temporary basis may not establish or continue in effect 
any policy regarding admission to the facility that has the effect of 
denying admission to a member of a family or household unit that is 
seeking admission as a family or unit, except that the prohibition 
under this subsection shall not apply with respect to admissions 
policies for the prevention of domestic violence.
    (b) Discharge Requirements by Residential Care, Treatment, Custody, 
and Foster Care Facilities.--A federally funded residential care 
facility shall, in discharging each individual provided services at the 
facility, ensure that upon such discharge--
            (1) there is available to such individual a suitable 
        residential setting such that the individual will not be 
        homeless upon such discharge, except that this paragraph may 
        not be construed to authorize a facility to hold an individual 
        in the facility without the consent of the individual;
            (2) such individual is provided assistance appropriate to 
        ensure that the individual obtains all Federal, State, and 
        local entitlements, services, and benefits (including medical, 
        income, food, and housing benefits) for which such individual 
        is eligible; and
            (3) such individual has been issued a social security 
        number and has in his or her possession a State-issued driver's 
        license or other identification card.
    (c) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Federally funded.--The term `federally funded' means, 
        with respect to a facility, that the facility receives 
        financial assistance, directly or indirectly, from any agency 
        or office of the Federal Government, including any loan, grant, 
        subsidy, guarantee, mortgage insurance, or other financial 
        assistance.
            (2) Residential care facility.--The term `residential care 
        facility' means a facility that provides care or treatment 
        (including medical, mental health, and drug or alcohol abuse 
        care or treatment) or custody in a residential setting. Such 
        term includes a hospital (to the extent residential care is 
        provided therein), nursing home, intermediate care facility, 
        board and care home, assisted living facility, congregate care 
        facility, and foster care facility.
    (d) Regulations.--The Secretary of Housing and Urban Development 
shall issue final regulations to carry out this section not later than 
12 months after the date of the enactment of this Act.

SEC. 304. ESTABLISHMENT OF EMERGENCY RENT RELIEF FUND.

    (a) Grant Program.--The Secretary of Housing and Urban Development 
shall, to the extent approved in appropriation Acts, contract to make, 
and make, grants available to non-profit organizations or local or 
State governmental units for the purpose of providing emergency rent 
relief payments to landlords on behalf of tenants who face eviction due 
to temporary financial difficulties.
    (b) Rental Assistance Payments.--
            (1) Authority of non-profits or local or State governmental 
        units to make rent payments to landlords on behalf of certain 
        tenants.--Any non-profit organization or local or State 
        governmental unit which receives any grant under subsection (a) 
        shall use such grant to make emergency rent relief payments in 
        accordance with paragraph (2), to landlords on behalf of 
        tenants who meet the requirements of subsection (c) and who 
        apply for such assistance.
            (2) Authority of non-profits or local or state governmental 
        units to determine payments.--Non-profit organizations or local 
        or state governmental units may determine the amounts necessary 
        to be paid to any landlord under paragraph (1) on behalf of any 
        tenant, beyond the amounts, if any, that the tenant is able to 
        contribute toward rent payments, subject to the following 
        conditions and limitations:
                    (A) Maximum of total rent due.--The total amount of 
                any payment shall not exceed the total amount of rent 
                due the landlord from the tenant.
                    (B) Initial payment not to exceed 3 months rent.--
                The initial payment may include an amount necessary to 
                make the payments of such rent current, except that 
                such amount may not exceed an amount equal to 3 monthly 
                rent payments of the tenant.
                    (C) Minimum amount to be paid.--Payments are to be 
                designed to ensure that the total monthly housing 
                expense of the tenant does not exceed 30 percent of the 
                monthly net income of the tenant.
                    (D) Maximum of 18 consecutive monthly payments.--
                Payments are not to be made for a continuous period of 
                more than 18 months.
                    (E) Maximum of 36 monthly payments overall.--
                Payments are not to be made for an aggregate of more 
                than 36 months.
                    (F) Termination of payments.--Payments are to be 
                terminated when the non-profit organization or local or 
                State governmental unit determines that changes in the 
                financial circumstances of such tenant render such 
                payments no longer necessary to prevent eviction of the 
                tenant.
            (3) Expeditious processing of applications.--Any non-profit 
        organization or local or State governmental unit which receives 
        any grant under subsection (a) shall, within 30 days after the 
        receipt of any application for rental assistance under 
        subsection (b), notify the tenant and landlord involved of its 
        determination to approve or disapprove the application.
            (4) Acceptance of rental assistance payment by landlord is 
        a waiver of claims against tenant for nonpayment of rent.--Any 
        landlord who accepts any payment of assistance under paragraph 
        (1) waives the right to institute or continue eviction 
        proceedings that are based on a claim of nonpayment of rent for 
        any period before the date of the payment.
            (5) Repayment of assistance by tenants.--
                    (A) In general.--Payments made under paragraph (1) 
                on behalf of any tenant shall be repayable to the 
                Secretary by the tenant on terms and conditions 
                prescribed by the Secretary.
                    (B) Maximum amount.--Any non-profit organization or 
                local or State governmental unit which receives any 
                grant under subsection (a) shall ensure that the 
                monthly repayment amount for any tenant making 
                repayments under subparagraph (A) is calculated so that 
                the sum of the monthly repayment amount and the total 
                monthly housing expense of the tenant is at most 50 
                percent of the monthly net income of the tenant, except 
                that the Secretary may waive this limitation on a case-
                by-case basis.
            (6) Deposit in emergency rent relief fund.--Amounts 
        received by the Secretary from any non-profit organization or 
        local or State governmental unit as repayments under paragraph 
        (5) or as interest on assistance payments made under paragraph 
        (1), shall be deposited in the account of the non-profit or 
        local or State governmental unit in the Emergency Rent Relief 
        Fund established in subsection (g).
            (7) Monitoring of tenant's ability to pay.--The Secretary 
        shall establish procedures for any tenant on whose behalf 
        payments are made under paragraph (1), and any tenant who is to 
        make repayments under paragraph (5), to inform the non-profit 
        organization or local or State governmental unit making such 
        payments, or receiving such repayments, of any significant 
        increase or decrease in the income of the tenant.
            (8) Periodic review of tenant's financial circumstances.--
        The Secretary shall establish procedures to be followed by non-
        profit organizations or local or State governmental units for 
        reviewing, not less frequently than annually, the financial 
        circumstances of any tenant on whose behalf payments are to be 
        made under paragraph (1), and any tenant who is to make 
        repayments under paragraph (5), to determine whether such 
        payments or repayments should be adjusted or terminated.
    (c) Eligibility for Assistance.--Any non-profit organization or 
local or State governmental unit which receives any grant under 
subsection (a) may make rental assistance payments under subsection (b) 
to any landlord on behalf of any tenant if it has determined that all 
of the following requirements have been met:
            (1) Landlord has notified tenant of intent to evict tenant 
        for nonpayment of rent.--The landlord has notified the tenant 
        that the landlord intends to evict the tenant for nonpayment of 
        rent.
            (2) Principal residence.--The rental property involved is 
        the principal residence of the tenant.
            (3) Rent does not exceed median rent for similar units in 
        area recently rented.--The monthly rent payable by the tenant 
        does not exceed the amount equal to the median rent paid for 
        rental units of the same size by tenants who moved into or 
        within the area in which the non-profit or local or State 
        governmental unit is located during the most recently completed 
        period of at most 12 months for which such data is available.
            (4) Rent is delinquent due to events outside control of 
        tenant.--Events outside the control of the tenant have rendered 
        the tenant unable to--
                    (A) correct a rent payment delinquency within a 
                reasonable time; and
                    (B) resume full rent payments.
            (5) Payment is necessary to prevent eviction.--The payment 
        is necessary to prevent eviction of the tenant.
            (6) Payments will probably be temporary.--There is a 
        reasonable likelihood that the tenant will resume full rent 
        payments--
                    (A) within 18 months after the beginning of the 
                period for which payments under subsection (b) are to 
                be provided; or
                    (B) on termination of assistance under such 
                subsection.
            (7) Tenant is likely to repay.--The tenant is likely to 
        repay the amounts paid on behalf of the tenant by the non-
        profit or local or State governmental unit.
    (d) Submission of Application Stays Eviction Proceedings Until 
Disapproval of Application.--The submission of an application for 
assistance under subsection (b) by any tenant who meets the 
requirements of subsection (c)(2), after eviction proceedings have 
begun shall automatically stay the proceedings until receipt of 
notification of disapproval of such application.
    (e) Allocation of Grants.--
            (1) Allocation formula.--The Secretary shall allocate the 
        amounts to be made available under subsection (a) so that the 
        aggregate amount allocated to non-profit organizations or local 
        or State governmental units in any State shall be equal to the 
        sum of--
                    (A)(i) the ratio of the number of unemployed 
                persons in the State to the number of unemployed 
                persons in the United States, multiplied by--
                    (ii) \1/2\ of the amount appropriated under the 
                authority established in this section; and
                    (B)(i) the ratio of the population of the State to 
                the population of the United States, multiplied by--
                    (ii) \1/2\ of the amount so appropriated.
            (2) Application for grants.--Applications for grants under 
        subsection (a) shall be made by non-profit organizations or 
        local or State governmental units in such form, and according 
        to such procedures, as the Secretary shall prescribe.
            (3) Rules for consideration of applications.--In 
        considering applications for grants under subsection (a), the 
        Secretary shall take into account--
                    (A) the degree of demonstrated need in the non-
                profit organization or local or State governmental 
                unit;
                    (B) the capacity of the non-profit organization or 
                local or State governmental unit to administer the 
                program of assistance under this section.
            (4) Processing of applications.--The Secretary shall 
        process applications for grants under subsection (a) as 
        expeditiously as possible, and shall make such grants within 90 
        days after the effective date of the regulations issued by the 
        Secretary under subsection (f).
    (f) Regulations.--Within 90 days after the date of the enactment of 
this Act, the Secretary shall issue such regulations as may be 
necessary to carry out this section.
    (g) Emergency Rent Relief Fund.--
            (1) Establishment.--There is hereby established in the 
        Treasury of the United States a revolving fund, to be known as 
        the Emergency Rent Relief Fund.
            (2) Composition of fund.--The Fund shall consist of--
                    (A) any amount approved in appropriation Acts for 
                purposes of carrying out this section;
                    (B) any amount received by the Secretary as 
                repayment for payments made under subsection (b); and
                    (C) any amount received by the Secretary from 
                investments made under paragraph (4).
            (3) Availability of funds.--Amounts in the Fund by reason 
        of subsection (b)(6) or by reason of investments made under 
        paragraph (4), shall be available, to the extent provided in 
        appropriation Acts, to the Secretary to make grants to non-
        profit organizations or local or State governmental units--
                    (A) for the making of emergency rent relief 
                payments to landlords on behalf of tenants under 
                subsection (b); and
                    (B) for the administrative expenses associated with 
                the making of such payments.
            (4) Investment of surplus funds.--Any amount in any account 
        of the Fund determined by the Secretary to be more than the 
        amount required to be in such account to carry out this section 
        shall be invested by the Secretary in obligations of, or 
        guaranteed as to both principal and interest by, the United 
        States or any agency of the United States.
    (h) Report to Congress.--Within 60 days after the date of the 
enactment of this Act, and not less frequently than every 90 days 
thereafter, the Secretary shall submit to the Congress a report on--
            (1) the then current rate of rent payment delinquencies and 
        evictions in the rental housing market areas of the United 
        States of immediate concern if the purposes of this section are 
        to be achieved;
            (2) the extent of, and prospect for continuance of, 
        voluntary forbearance from the eviction of tenants by landlords 
        in such housing market areas;
            (3) actions taken by government agencies to encourage such 
        forbearance; and
            (4) actions taken and actions likely to be taken with 
        respect to making assistance under this section available to 
        alleviate hardships resulting from any serious rates of 
        delinquencies and evictions.
    (i) Definitions.--As used in this section:
            (1) Fund.--The term ``Fund'' means the Emergency Rent 
        Relief Fund established in subsection (g).
            (2) Local governmental unit.--The term local governmental 
        unit means any borough, city, county, parish, town, township, 
        village, or other general purpose political subdivision of a 
        State.
            (3) Monthly net income of the tenant.--The term ``monthly 
        net income of the tenant'' means the monthly gross income of 
        the tenant, less any Federal, State, or local income or 
        employment taxes due with respect to such income.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the Northern 
        Mariana Islands, the Trust Territory of the Pacific Islands, 
        and any other territory or possession of the United States.
            (6) Total monthly housing expense of the tenant.--The term 
        ``total monthly housing expense of the tenant'' means the sum 
        of--
                    (A) the monthly rent payment due by the tenant; and
                    (B) the monthly utility costs of the tenant with 
                respect to the tenant's dwelling unit.
    (j) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated such sums as necessary for 
fiscal years 2004, 2005, 2006, 2007, and 2008. Any amount so 
appropriated shall be deposited in the Fund and shall remain available 
until expended.
    (k) Borrowing Authority.--To carry out the purposes of this 
section, the Secretary of Housing and Urban Development may issue to 
the Secretary of the Treasury notes or other obligations to the extent 
approved in appropriation Acts, in such forms and denominations, 
bearing such maturities, and subject to such terms and conditions as 
may be prescribed by the Secretary of the Treasury. Such notes or other 
obligations shall bear interest at a rate determined by the Secretary 
of the Treasury, taking into consideration the average interest rate on 
all interest bearing obligations of the United States then forming a 
part of the public debt, computed at the end of the fiscal year next 
preceding the date on which the loan is made. The Secretary of the 
Treasury shall purchase any notes and obligations issued hereunder and 
for that purpose the Secretary of the Treasury may use as a public debt 
transaction the proceeds from the sale of any securities issued under 
chapter 31 of title 31, United States Code; and the purposes for which 
securities may be issued under such chapter are extended to include any 
purchase of such notes or other obligations. The Secretary of the 
Treasury may at any time sell any of the notes or other obligations 
acquired by the Secretary of the Treasury under this section. All 
redemptions, purchases and sales by the Secretary of the Treasury of 
such notes or other obligations shall be treated as public debt 
transactions of the United States. The Secretary of Housing and Urban 
Development may not issue notes or other obligations to the Secretary 
of the Treasury pursuant to this section except as approved in 
appropriation Acts.

SEC. 305. INCOME EXEMPTIONS.

    (a) Work Performed in Public Housing.--
            (1) Exemption from income under hud programs.--Section 
        3(b)(5)(A) of the United States Housing Act of 1937 (42 U.S.C. 
        1437a(b)(5)(A)) is amended by adding at the end the following 
        new clause:
                    ``(viii) Work performed in public housing.--The 
                amount of any earned income of any member of the family 
                for work performed for the public housing agency at a 
                location owned by the agency.''.
            (2) Exemption from income under other federal programs.--
        Notwithstanding any other provision of law, the amount of any 
        earned income of any member of the family residing in public 
        housing (as such term is defined in section 3(b) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437a(b)) for work 
        performed for the public housing agency that administers such 
        housing at a location owned by the agency may not be considered 
        as income or a resource for the purpose of determining 
        eligibility for, or the amount of the benefits or services to 
        be provided under, any Federal or federally assisted program 
        that provides benefits or services based in whole or in part, 
        on need.''.
    (b) Child Support Payments.--Clause (v) of section 3(b)(5)(A) of 
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)(A)(v)) is 
amended to read as follows:
                    ``(v) Child support payments.--50 percent of the 
                amount of any payment made by a member of the family 
                for the support and maintenance of any child who does 
                not reside in the household.''.

SEC. 306. POST OFFICE BOX AND GENERAL DELIVERY SERVICE FOR PERSONS WITH 
              NO FIXED ADDRESS.

    Section 404 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(c) In an effort to assist persons with no fixed address--
            ``(1) a homeless person's application for post office box 
        service may be approved if the applicant--
                    ``(A) is personally known to the postmaster or 
                clerk;
                    ``(B) submits proper identification, such as (i) a 
                valid driver's license or other credential showing the 
                applicant's signature and a serial number, or (ii) 
                other indicia that can be traced to the bearer; or
                    ``(C) provides a verifiable point of contact, such 
                as a place of employment, shelter, charitable 
                institution, or social service office; or
            ``(2) a homeless person may receive indefinite general 
        delivery service, as provided under regulations or other 
        standards of the United States Postal Service, if such person--
                    ``(A) is unable to meet the conditions under 
                paragraph (1);
                    ``(B) meets the conditions under paragraph (1), but 
                opts for service under this paragraph because the 
                service described in paragraph (1) is not available; or
                    ``(C) otherwise opts for service under this 
                paragraph instead of the service described in paragraph 
                (1).''.

SEC. 307. GRANTS TO PUBLIC HOUSING POLICE FORCES.

    (a) In General.--The Secretary of Housing and Urban Development may 
make grants under this section to public housing agencies and public 
housing resident management corporations that are principally managing, 
as determined by the Secretary, public housing projects owned by public 
housing agencies for use in establishing and maintaining public housing 
police forces.
    (b) Consortia.--Subject to terms and conditions established by the 
Secretary, public housing agencies may form consortia for purposes of 
applying for grants under this section.
    (c) Eligible Activities.--Grants under this section may be used 
only for--
            (1) the employment of law enforcement personnel by public 
        housing police forces;
            (2) reimbursement of local law enforcement agencies for 
        additional security and protective services for public housing;
            (3) physical improvements which are specifically designed 
        to enhance security in public housing;
            (4) the provision of training, communications equipment, 
        surveillance equipment, and other related equipment for use by 
        law enforcement officers of public housing police forces; and
            (5) the provision of training for voluntary public housing 
        resident patrols acting in cooperation with law enforcement 
        officials of public housing police forces or other local law 
        enforcement officials.
    (d) In General.--The Secretary shall provide for public housing 
agencies and resident management corporations to submit applications to 
receive grants under this section. An application shall include a plan 
for use of the grant amounts and shall identify the existing or 
proposed law enforcement authority of the public housing police force 
to be assisted with grant amounts. The plan shall be coordinated with 
and may be included in the public housing agency plan submitted to the 
Secretary pursuant to section 5A of the United States Housing Act of 
1937.
    (e) Definitions.--For purposes of this section:
            (1) Public housing.--The term ``public housing'' has the 
        meaning given such term in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b).
            (2) Public housing police force.--The term ``public housing 
        police force'' means an accredited public law enforcement 
        agency that has an area of jurisdiction that consists primarily 
        of public housing developments.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $100,000,000 for fiscal year 
2004 and such sums as may be necessary for each of fiscal years 2005, 
2006, 2007, and 2008.

SEC. 308. TEMPORARY EX-OFFENDER LOW-INCOME HOUSING CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45G. EX-OFFENDER LOW-INCOME HOUSING CREDIT.

    ``(a) In General.--For purposes of section 38, the amount of the 
ex-offender low-income housing credit determined under this section for 
any taxable year in the credit period shall be an amount equal to--
            ``(1) the applicable percentage of
            ``(2) the qualified basis of each qualified ex-offender 
        residential building.
    ``(b) Applicable Percentage.--In the case of any qualified ex-
offender residential building, the term `applicable percentage' has the 
meaning given such term in section 42(b)(2) with respect to qualified 
low-income buildings, except that, for the purposes of this subsection, 
the percentages prescribed by the Secretary under section 42(b)(2)(B) 
shall yield amounts of credit which have a present value equal to 70 
percent of the qualified basis of any qualified ex-offender residential 
building.
    ``(c) Qualified Basis.--
            ``(1) In general.--For purposes of subsection (a) and 
        except as otherwise provided in this subsection, the term 
        `qualified basis' means the adjusted basis of a qualified ex-
        offender residential building as of the close of the 1st 
        taxable year of the credit period.
            ``(2) Qualified basis to include portion of building used 
        to provide ex-offender support services.--The qualified basis 
        of any qualified ex-offender residential building for any 
        taxable year shall be increased by the lesser of--
                    ``(A) so much of the qualified basis of such 
                building as is used throughout the year to provide ex-
                offender support services, or
                    ``(B) 20 percent of the qualified basis of such 
                building (determined without regard to this paragraph).
            ``(3) Special rules.--Rules similar to the rules of 
        paragraphs (4), (5) (other than subparagraph (A) thereof), and 
        (7) of section 42(d) shall apply in determining the adjusted 
        basis of any qualified ex-offender residential building.
    ``(d) Rehabilitation Expenditures.--Rules similar to the rules of 
section 42(e) shall apply in determining the treatment of 
rehabilitation expenditures paid or incurred by the taxpayer with 
respect to a qualified ex-offender residential building.
    ``(e) Credit Period.--For purposes of this section, rules similar 
to the rules of section 42(f) shall apply in determining the credit 
period with respect to any qualified ex-offender residential building.
    ``(f) Qualified Ex-Offender Residential Building.--For purposes of 
this section, the term `qualified ex-offender residential building' 
means any building which, at all times during the compliance period, 
meets the following requirements:
            ``(1) Single occupancy ex-offender residential units.--Each 
        residential unit in such building may be made available for 
        occupancy to not more than 1 individual. Such individual must 
        be an ex-offender who--
                    ``(A) meets the residency requirements under 
                subsection (g);
                    ``(B) has failed to meet such requirements for 
                fewer than 14 days; or
                    ``(C) is in the process of being evicted from such 
                building for failing to meet such requirements.
        ``A building shall not be determined to fail to satisfy the 
        requirements of this paragraph solely because some or all of 
        the residential units in such building are single room 
        occupancy (as defined in section (8)(n) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f(n))).
            ``(2) Self-sufficiency centers for ex-offenders.--The 
        building shall include a self-sufficiency center for ex-
        offenders that--
                    ``(A) is specifically designed to accommodate, and 
                reserved for, the provision of ex-offender support 
                services to residents of the facility and other ex-
                offenders;
                    ``(B) is made available for rental by providers of 
                such services at a rate determined by the owner of the 
                facility; and
                    ``(C) provides an array of such services sufficient 
                to meet a significant portion of the needs of ex-
                offenders for ex-offender support services.
            ``(3) Rent limitations.--The portion of the monthly rent 
        payable by the occupant of each unit in the building may not 
        exceed 30 percent of the adjusted monthly income (as such term 
        is defined in section 3(b) of the United States Housing Act of 
        1937 (42 U.S.C. 1437a(b)) of the occupant.
    ``(g) Residency Requirements.--
            ``(1) In general.--An ex-offender meets the residency 
        requirements for a qualified ex-offender residential building 
        if such ex-offender--
                    ``(A) has a low income;
                    ``(B) is participating in an ex-offender support 
                services program as described in paragraph (3)(B);
                    ``(C) has not been prohibited from residency under 
                paragraph (4); and
                    ``(D) commences occupancy of a unit in a qualified 
                ex-offender residential building on a date that is not 
                later than--
                            ``(i) in the case of an ex-offender who has 
                        been discharged from prison, jail, a half-way 
                        house, or any other correctional facility, 12 
                        months after such discharge; or
                            ``(ii) in the case of any ex-offender whose 
                        sentence did not include confinement to a 
                        correctional facility, 12 months after the date 
                        of the ex-offender's conviction.
            ``(2) Low-income.--For purposes of this section, an ex-
        offender is considered to have a low income if, at the 
        commencement of the ex-offender's occupancy of a residential 
        unit, the income (if any) of the ex-offender does not exceed 60 
        percent of area median gross income (as determined consistent 
        with section 8 of the United States Housing Act of 1937).
            ``(3) Participation in ex-offender support services 
        program.--
                    ``(A) Program.--For purposes of this section, an 
                ex-offender support services program is a program for 
                the provision of specific ex-offender support services 
                for an ex-offender that--
                            ``(i) is created and managed by a 
                        coordinating individual or entity having 
                        education, training, and experience with ex-
                        offenders and their support services needs;
                            ``(ii) is specifically designed to meet the 
                        needs of the particular ex-offender for ex-
                        offender support services;
                            ``(iii) sets forth a specific duration over 
                        which the ex-offender support services are to 
                        be provided and goals by which to assess the 
                        progress of the ex-offender; and
                            ``(iv) provides for continual oversight to 
                        monitor the progress and needs of the ex-
                        offender and to ensure that the ex-offender is 
                        being provided the appropriate ex-offender 
                        support services and is complying with the 
                        requirements of the program.
                    ``(B) Participation.--For purposes of this section, 
                an ex-offender is considered to be participating in an 
                ex-offender support services program if the ex-
                offender--
                            ``(i) has entered into a written agreement 
                        with the coordinator for the program that--
                                    ``(I) sets forth the ex-offender 
                                support services that are appropriate 
                                for, and will be made available to, the 
                                ex-offender and the duration of the 
                                program for the ex-offender; and
                                    ``(II) provides that the ex-
                                offender's continued attendance at 
                                scheduled program meetings and events 
                                and obtaining of program services are a 
                                condition of the ex-offender's 
                                continued residency in the facility; 
                                and
                            ``(ii) is not in default with regard to the 
                        ex-offender's obligations under such agreement.
                    ``(C) Ex-offender support services.--For purposes 
                of this section, the term `ex-offender support 
                services' means services that assist ex-offenders to 
                develop skills necessary for life outside of the 
                environment of a correctional institution, and 
                includes--
                            ``(i) job training;
                            ``(ii) employment counseling and placement;
                            ``(iii) entrepreneurial training;
                            ``(iv) financial management training;
                            ``(v) homeownership and rental counseling;
                            ``(vi) drug and alcohol abuse counseling;
                            ``(vii) self-esteem and peer development 
                        assistance;
                            ``(viii) anger management counseling;
                            ``(ix) health care services, including 
                        mental health services and behavioral 
                        counseling;
                            ``(x) probation services;
                            ``(xi) family and crisis management 
                        counseling; and
                            ``(xii) general educational assistance and 
                        counseling.
            ``(4) Limitation on term of residency.--An ex-offender may 
        not reside in an ex-offender residential facility at any time 
        after the expiration of the 2-year period beginning upon the 
        commencement of the ex-offender's occupancy in the ex-offender 
        residential facility.
    ``(h) Ex-Offender.--For purposes of this section, the term `ex-
offender' means any individual who has been convicted of a felony under 
State or Federal law.
    ``(i) Allocation and Determination of Credit.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, rules similar to the rules of section 42(h) (other 
        than subparagraphs (E) and (F) of paragraph (1) thereof) shall 
        apply with respect to allocating and determining any credit 
        under this section.
            ``(2) State housing credit ceiling.--For purposes of this 
        section:
                    ``(A) In general.--The State housing credit ceiling 
                shall be calculated by substituting the amount 
                determined under section 42(h)(3)(C)(ii) with the 
                greater of--
                            ``(i) $85,000,000 multiplied by the State 
                        ratio, or
                            ``(ii) $500,000.
                    ``(B) Termination.--The State housing credit 
                ceiling applicable to any State for any calendar year 
                beginning after December 31, 2007, shall be zero.
                    ``(C) State ratio.--The State ratio for any State 
                is equal to--
                            ``(i) the reported number of sentenced 
                        prisoners released from State or Federal 
                        jurisdiction in such State during the most 
                        recent year for which information is available, 
                        divided by
                            ``(ii) the reported number of sentenced 
                        prisoners released from State or Federal 
                        jurisdiction in the United States during the 
                        most recent year for which information is 
                        available.
                    ``(D) Reported number of sentenced prisoners.--The 
                reported number of sentenced prisoners is the number of 
                such prisoners reported to the Attorney General by the 
                National Prison Statistics Program.
            ``(3) Involvement of qualified non-profit organizations.--
        For purposes of this section, section 42(h)(5)(A) shall be 
        applied by substituting `0' for `90'.
    ``(j) Recapture of Credit.--Rules similar to the rules of 
subsections (i)(1) and (j) of section 42 shall apply for purposes of 
this section.
    ``(k) Application of At-Risk Rules.--Rules similar to the rules of 
section 42(k) shall apply for purposes of this section.
    ``(l) Certification and Other Reports to Secretary.--Subject to 
such regulations as the Secretary may prescribe, rules similar to the 
rules of section 42(l) shall apply for purposes of this section.
    ``(m) Responsibilities of the Secretary and Housing Credit 
Agencies.--Rules similar to the rules of subsections (m) and (n) of 
section 42 shall apply for purposes of this section.''.
    (b) Inclusion as Current Year Business Credit.--Section 38(b) of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new paragraph:
            ``(13) the ex-offender low-income housing credit under 
        section 45G(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new item:

                              ``Sec. 45G. Ex-offender low-income 
                                        housing credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to qualified ex-offender residential buildings 
placed in service during taxable years beginning after December 31, 
2002.

SEC. 309. ESCROW OF TENANT RENT IN CASES OF OWNER FAILURE TO MAINTAIN 
              UNITS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM.

    Section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(8)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Escrow of tenant rent in cases of owner 
                failure to maintain unit.--Each housing assistance 
                payment contract under this subsection shall provide as 
                follows:
                            ``(i) Requirement.--In any case in which a 
                        public housing agency suspends assistance 
                        payments under this subsection with respect to 
                        a dwelling unit because of a failure on the 
                        part of the owner of the unit to maintain the 
                        unit in compliance with the housing quality 
                        standards established pursuant to this 
                        paragraph, the agency shall--
                                    ``(I) require the tenant to suspend 
                                payment to the owner of the tenant's 
                                monthly contribution toward rent and 
                                require the tenant to pay such amount 
                                into an escrow account established by 
                                the agency; and
                                    ``(II) notify the tenant and the 
                                owner of the failure to maintain the 
                                unit in compliance with such housing 
                                quality standards and of the actions 
                                required under this subparagraph.
                            ``(ii) Correction of noncompliance.--If the 
                        owner corrects the noncompliance within the 
                        period of time established by the agency for 
                        such purpose, the public housing agency shall 
                        release to the owner any tenant payments toward 
                        rent deposited in the escrow account.
                            ``(iii) Failure to correct noncompliance.--
                        If the owner fails to correct the noncompliance 
                        within the period of time established by the 
                        agency and the tenant moves from the dwelling 
                        unit because of such noncompliance, the public 
                        housing agency shall make the any tenant 
                        payments toward rent that are deposited in the 
                        escrow account available on behalf of the 
                        tenant upon such move for costs of the move and 
                        for rental of a new dwelling unit.''.

SEC. 310. SENSE OF CONGRESS REGARDING LOCAL ORDINANCES THAT 
              DISADVANTAGE HOMELESS PERSONS.

    It is the sense of the Congress that units of general local 
government that receive grants under the community development block 
grant program under title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.) or the HOME investments 
partnerships program under the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12721 et seq.)--
            (1) should not pass ordinances or fund projects--
                    (A) that have a disparate impact on homeless 
                persons or that punish homeless persons for carrying 
                out life-sustaining practices in public spaces when no 
                alternative public spaces are available; or
                    (B) relating to curfews or runaways and that result 
                in homeless youths being adjudicated as delinquent; and
            (2) should not pass zoning ordinances or make zoning 
        decisions that have the effect of preventing the siting of 
        facilities designed to serve homeless persons.

   TITLE IV--ASSISTANCE UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

SEC. 401. CONGRESSIONAL PURPOSES.

    The purposes of this title are--
            (1) to consolidate the separate homeless assistance 
        programs carried out under title IV of the McKinney-Vento 
        Homeless Assistance Act (consisting of the supportive housing 
        program and related innovative programs, the safe havens 
        program, the section 8 assistance program for single-room 
        occupancy dwellings, the shelter plus care program, and the 
        rural homeless housing assistance program) into a single 
        program with specific eligible activities; and
            (2) codify in Federal law the continuum of care planning 
        process as a required and integral local function necessary to 
        generate the local strategies for ending homelessness.

SEC. 402. DEFINITION OF HOMELESS INDIVIDUAL.

    Section 103 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11302) is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) In General.--For purposes of this Act, the terms `homeless', 
`homeless individual', and `homeless person'--
            ``(1) mean an individual who lacks a fixed, regular, and 
        adequate nighttime residence; and
            ``(2) include--
                    ``(A) an individual who--
                            ``(i) is sharing the housing of other 
                        persons due to loss of housing, economic 
                        hardship, or a similar reason;
                            ``(ii) is living in a motel, hotel, trailer 
                        park, or camping ground due to the lack of 
                        alternative adequate accommodations;
                            ``(iii) is living in an emergency or 
                        transitional shelter;
                            ``(iv) is abandoned in a hospital; or
                            ``(v) is awaiting foster care placement;
                    ``(B) an individual who has a primary nighttime 
                residence that is a public or private place not 
                designed for or ordinarily used as a regular sleeping 
                accommodation for human beings;
                    ``(C) an individual who is living in a car, park, 
                public space, abandoned building, substandard housing, 
                bus or train station, or similar setting; and
                    ``(D) migratory children (as such term is defined 
                in section 1309 of the Elementary and Secondary 
                Education Act of 1965 ) who qualify as homeless for the 
                purposes of this Act because the children are living in 
                circumstances described in any of subparagraphs (A) 
                through (C).''; and
            (2) in subsection (c)--
                    (A) by striking ``or otherwise detained''; and
                    (B) by inserting after the period at the end the 
                following: ``Such term includes individuals who have 
                been released from prison on parole.''

           Subtitle A--Housing Assistance General Provisions

SEC. 411. DEFINITIONS.

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

                  ``Subtitle A--General Provisions'';

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

``SEC. 401. DEFINITIONS.

    ``For purposes of this title:
            ``(1) Collaborative applicant.--The term `collaborative 
        applicant' means--
                    ``(A) an entity, which may or may not be a Board, 
                that serves as the applicant for project sponsors who 
                jointly submit a single application for a grant under 
                subtitle C with the approval of, and in accordance with 
                the collaborative process established by, a Board, and, 
                if awarded such grant, receives such grant directly 
                from the Secretary; or
                    ``(B) an individual project sponsor who is an 
                eligible entity under subtitle C and submits an 
                application for a grant under subtitle C, with the 
                approval of, and in accordance with the collaborative 
                process established by, a Board, and, if awarded such 
grant, receives such grant directly from the Secretary.
            ``(2) Collaborative application.--The term `collaborative 
        application' means an application for a grant under subtitle C 
        that--
                    ``(A) satisfies the requirements of section 422 
                (including containing the information described in 
                subsections (a) and (c) of section 426); and
                    ``(B) is submitted to a Board and then to the 
                Secretary by a collaborative applicant.
            ``(3) Community board.--The term `community board' means a 
        community homeless assistance planning board established in 
        accordance with section 402.
            ``(4) Consolidated plan.--The term `Consolidated Plan' 
        means a comprehensive housing affordability strategy and 
        community development plan required in part 91 of title 24, 
        Code of Federal Regulations.
            ``(5) Eligible entity.--The term `eligible entity' means, 
        with respect to a subtitle, a public or private entity eligible 
        to receive directly grant amounts under that subtitle.
            ``(6) Geographic area.--The term `geographic area' means a 
        State, metropolitan city, urban county, town, village, or other 
        nonentitlement area, or a combination or consortia of such, in 
        the United States, as described in section 106 of the Housing 
        and Community Development Act of 1974 (42 U.S.C. 5306).
            ``(7) Homeless individual with a disability.--
                    ``(A) In general.--The term `homeless individual 
                with a disability' means an individual who is homeless, 
                as defined in section 103, and has a disability that--
                            ``(i)(I) is expected to be long-continuing 
                        or of indefinite duration;
                            ``(II) substantially impedes the 
                        individual's ability to live independently;
                            ``(III) could be improved by the provision 
                        of more suitable housing conditions; and
                            ``(IV) is a physical, mental, or emotional 
                        impairment, including an impairment caused by 
                        alcohol or drug abuse;
                            ``(ii) is a developmental disability, as 
                        defined in section 102 of the Developmental 
                        Disabilities Assistance and Bill of Rights Act 
                        of 2000 (42 U.S.C. 15002); or
                            ``(iii) is the disease of acquired 
                        immunodeficiency syndrome or any condition 
                        arising from the etiologic agency for acquired 
                        immunodeficiency syndrome.
                    ``(B) Rule.--Nothing in clause (iii) of 
                subparagraph (A) shall be construed to limit 
                eligibility under clause (i) or (ii) of subparagraph 
                (A).
            ``(8) Homelessness prevention activities.--The term 
        `homelessness prevention activities' means activities designed 
        to help individuals and families avoid becoming homeless, 
        including--
                    ``(A) providing financial assistance to individuals 
                and families who have received eviction notices, 
                foreclosure notices, or notices of termination of 
                utility services, if--
                            ``(i) the inability of the individual or 
                        family to make the required payments is due to 
                        a sudden reduction in income;
                            ``(ii) the assistance is necessary to avoid 
                        eviction, foreclosure, or the termination of 
                        services; and
                            ``(iii) there is a reasonable prospect that 
                        the individual or family will be able to resume 
                        payments within a reasonable period of time; 
                        and
                    ``(B) carrying out relocation activities (including 
                providing security or utility deposits, rental 
                assistance for a final month or residence at a 
                location, assistance with moving costs, or rental 
                assistance for not more than 6 months) for moving into 
                transitional or permanent housing individuals and 
                families who--
                            ``(i) lack housing;
                            ``(ii) are being discharged from a publicly 
                        funded acute care or long-term care facility, 
                        program, or system of care, or are being 
                        terminated from services provided by such a 
                        facility, program, or system, including 
                        discharge from a foster care program; and
                            ``(iii) have plans, developed 
                        collaboratively by the public entities involved 
                        and the individuals and families, for securing 
                        or maintaining housing after any funding 
                        provided under this title is used.
            ``(8) Independently owned.--The term `independently owned', 
        used with respect to rental assistance, means assistance 
        provided pursuant to a contract that--
                    ``(A) is between--
                            ``(i) the recipient or a project sponsor; 
                        and
                            ``(ii) an independent entity that--
                                    ``(I) is a private organization; 
                                and
                                    ``(II) owns or leases dwelling 
                                units; and
                    ``(B) provides that rental assistance payments 
                shall be made to the independent entity and that 
                eligible persons shall occupy such assisted units.
            ``(9) Low-demand program.--The term `low-demand program' 
        means a program that does not require, but offers, in a non-
        coercive manner--
                    ``(A)(i) health care services, mental health 
                services, and substance abuse treatment services; and
                    ``(ii) other supportive services, which may include 
                medication management, education, counseling, job 
                training, and assistance in obtaining entitlement 
                benefits or in obtaining such supportive services; and
                    ``(B) referrals for services described in 
                subparagraph (A).
            ``(10) Metropolitan city; urban county; nonentitlement 
        area.--The terms `metropolitan city', `urban county', and 
        `nonentitlement area' have the meanings given such terms in 
        section 102(a) of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302(a)).
            ``(11) New.--The term `new', used with respect to housing, 
        means housing for which no assistance has been provided under 
        this title.
            ``(12) Operating costs.--The term `operating costs' means 
        expenses incurred by a recipient or project sponsor operating--
                    ``(A) transitional housing or permanent housing 
                under this title, with respect to--
                            ``(i) the administration, maintenance, 
                        repair, and security of such housing;
                            ``(ii) utilities, fuel, furnishings, and 
                        equipment for such housing; or
                            ``(iii) conducting an assessment under 
                        section 426(c)(2); and
                    ``(B) supportive housing for homeless individuals 
                or homeless families under this title, with respect 
                to--
                            ``(i) the matters described in clauses (i), 
                        (ii), and (iii) of subparagraph (A); and
                            ``(ii) coordination of services as needed 
                        to ensure long-term housing stability.
            ``(13) Outpatient health services.--The term `outpatient 
        health services' means outpatient health care services, mental 
        health services, and outpatient substance abuse treatment 
        services.
            ``(14) Permanent housing.--The term `permanent housing' 
        includes permanent supportive housing.
            ``(15) Permanent housing development activities.--The term 
        `permanent housing development activities' means activities--
                    ``(A) to construct, lease, rehabilitate, or acquire 
                structures to provide permanent housing;
                    ``(B) involving tenant-based, independently owned, 
                and project-based flexible rental assistance for 
                permanent housing;
                    ``(C) described in paragraphs (1) through (4) of 
                section 423(a); or
                    ``(D) involving the capitalization of a dedicated 
                project account from which payments are allocated for 
                rental assistance and operating costs of permanent 
                housing.
            ``(16) Private nonprofit organization.--The term `private 
        nonprofit organization' means an organization--
                    ``(A) no part of the net earnings of which inures 
                to the benefit of any member, founder, contributor, or 
                individual;
                    ``(B) that has a voluntary board;
                    ``(C) that has an accounting system, or has 
                designated a fiscal agent in accordance with 
                requirements established by the Secretary; and
                    ``(D) that practices nondiscrimination in the 
                provision of assistance.
            ``(17) Project.--The term `project', used with respect to 
        activities carried out under subtitle C, means eligible 
        activities described in section 423(a), undertaken pursuant to 
        a specific endeavor, such as serving a particular population or 
        providing a particular resource.
            ``(18) Project-based.--The term `project-based', used with 
        respect to rental assistance, means assistance provided 
        pursuant to a contract that--
                    ``(A) is between--
                            ``(i) the recipient or a project sponsor; 
                        and
                            ``(ii) an owner of a structure that exists 
                        as of the date the contract is entered into; 
                        and
                    ``(B) provides that rental assistance payments 
                shall be made to the owner and that the units in the 
                structure shall be occupied by eligible persons for not 
                less than the term of the contract.
            ``(19) Project sponsor.--The term `project sponsor', used 
        with respect to proposed eligible activities, means the 
        organization directly responsible for carrying out the proposed 
        eligible activities.
            ``(20) Recipient.--Except as used in subtitle B, the term 
        `recipient' means an eligible entity who--
                    ``(A) submits an application for a grant under 
                section 422 that is approved by the Secretary;
                    ``(B) receives the grant directly from the 
                Secretary to support approved projects described in the 
                application; and
                    ``(C)(i) serves as a project sponsor for the 
                projects; or
                    ``(ii) awards the funds to project sponsors to 
                carry out the projects.
            ``(21) Safe haven.--The term `safe haven' means a 
        facility--
                    ``(A) that provides 24-hour residence for an 
                unspecified duration for persons who, on entry to the 
                facility, are unwilling or unable to participate in 
                mental health or substance abuse treatment programs, or 
                to receive other supportive services;
                    ``(B) that provides private or semi-private 
                accommodations;
                    ``(C) that may provide for the common use of 
                kitchen facilities, dining rooms, and bathrooms;
                    ``(D) that may provide supportive services, on a 
                drop-in basis, to eligible persons who are not 
                residents; and
                    ``(E) in which overnight occupancy is limited to no 
                more than 25 persons.
            ``(22) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
            ``(23) Seriously mentally ill.--The term `seriously 
        mentally ill' means having a severe and persistent mental 
        illness or emotional impairment that seriously limits a 
        person's ability to live independently.
            ``(24) Solo applicant.--The term `solo applicant' means an 
        entity that is an eligible entity, directly submits an 
        application for a grant under subtitle C to the Secretary, and, 
        if awarded such grant, receives such grant directly from the 
        Secretary.
            ``(25) State.--Except as used in subtitle B, the term 
        `State' means each of the several States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
            ``(26) Supportive services.--The term `supportive services' 
        means the services described in section 425.
            ``(27) Tenant-based.--The term `tenant-based', used with 
        respect to rental assistance, means assistance that allows an 
        eligible person to select a housing unit in which such person 
        will live using rental assistance provided under subtitle C, 
        except that if necessary to assure that the provision of 
        supportive services to a person participating in a program is 
        feasible, a recipient or project sponsor may require that the 
        person live--
                    ``(A) in a particular structure or unit for not 
                more than the first year of the participation; and
                    ``(B) within a particular geographic area for the 
                full period of the participation, or the period 
                remaining after the period referred to in subparagraph 
                (A).
            ``(28) Transitional housing.--The term `transitional 
        housing' has the meaning given the term in section 424(b), and 
        includes transitional supportive housing.''.

SEC. 412. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

    Subtitle A of title IV of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11361 et seq.) is amended by inserting after section 401 
(as added by section 411(3) of this Act) the following new section:

``SEC. 402. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

    ``(a) Boards.--A community homeless assistance planning board shall 
be established for a geographic area by the relevant parties in that 
geographic area, or designated for a geographic area by the Secretary 
in accordance with subsection (c), to lead a collaborative planning 
process to design, execute, and evaluate programs, policies, and 
practices to prevent and end homelessness.
    ``(b) Membership.--A community board established under subsection 
(a) shall be composed of persons--
            ``(1) who are from a particular geographic area;
            ``(2) not less than 51 percent of whom are--
                    ``(A) persons who are experiencing or have 
                experienced homelessness (with not fewer than 2 persons 
                being individuals who are experiencing or have 
                experienced homelessness);
                    ``(B) persons who act as advocates for the diverse 
                subpopulations of persons experiencing homelessness, 
                including advocates for homeless veterans, the mentally 
                ill, the physically handicapped, and victims of 
                domestic violence;
                    ``(C) persons or representatives of organizations 
                who provide assistance to the variety of individuals 
                and families experiencing homelessness; or
                    ``(D) superintendents of local educational agencies 
                or their designees, such as liaisons for homeless 
                children and youths designated pursuant to section 
                722(g)(1)(J)(ii) (42 U.S.C. 11432(g)(1)(J)(ii)); and
            ``(3) the remainder of whom are selected from among--
                    ``(A) government officials, particularly those 
                officials responsible for administering funding under 
                programs targeted for persons experiencing homelessness 
                and other programs for which persons experiencing 
                homelessness are eligible, including law enforcement 
                officials responsible for persons on parole or 
                probation;
                    ``(B) members of the business community;
                    ``(C) members of the religious community or faith-
                based organizations; and
                    ``(D) members of neighborhood advocacy 
                organizations.
    ``(c) Existing Planning Bodies.--The Secretary may designate an 
entity to be a community board if such entity has, prior to the date of 
enactment of the Bringing America Home Act, engaged in coordinated, 
comprehensive local homeless housing and services planning and applied 
for Federal funding to provide homeless assistance.
    ``(d) Remedial Action.--If the Secretary finds that a community 
board for a geographic area does not meet the requirements of this 
section, the Secretary may take remedial action to ensure fair 
distribution of grant amounts under this title to eligible entities 
within that area. Such measures may include designating another body as 
a community board or permitting eligible entities to apply directly for 
grants.
    ``(e) Construction.--Nothing in this section shall be construed to 
displace conflict of interest or government fair practices laws, or 
their equivalent, that govern applicants for grant amounts under 
subtitles B and C.
    ``(f) Duties.--A community board established under subsection (a) 
shall--
            ``(1)(A) design a collaborative process, established 
        jointly and complied with by its members, for evaluating, 
        reviewing, and prioritizing projects and applications for 
        grants under subtitles B and C submitted by eligible entities, 
        in such a manner as to ensure that the entities further the 
        goal of preventing and ending homelessness in the geographic 
        area involved;
            ``(B)(i)(I) review relevant policies and practices (in 
        place and planned) of public and private entities in the 
        geographic area served by the community board to determine if 
        the policies and practices further or impede the goal described 
        in subparagraph (A);
            ``(II) in conducting the review, give priority to the 
        review of--
                    ``(aa) the discharge planning and service 
                termination policies and practices of publicly funded 
                facilities or institutions (such as health care or 
                treatment facilities or institutions, foster care or 
                youth facilities, or correctional institutions), and 
                entities carrying out publicly funded programs and 
                systems of care (such as health care or treatment 
                programs, State programs funded under part A of title 
                IV of the Social Security Act (42 U.S.C. 601 et seq.) 
                (relating to Temporary Assistance for Needy Families), 
                foster care or youth programs, or correctional 
                programs), to ensure that such a discharge or 
                termination does not result in immediate homelessness 
                for the persons involved;
                    ``(bb) the access and utilization policies and 
                practices of the entities carrying out mainstream 
                programs, to ensure that persons at risk of or 
                experiencing homelessness are able to access and 
                utilize the programs; and
                    ``(cc) local policies and practices relating to 
                zoning and enforcement of local statutes, to ensure 
                that the policies and practices allow reasonable 
                inclusion and distribution in the geographic area of 
                special needs populations and families with children; 
                and
            ``(III) in conducting the review, determine the 
        modifications and corrective actions that need to be taken, and 
        by whom, to ensure that the relevant policies and practices do 
        not stimulate, or prolong, homelessness in the geographic area;
            ``(ii) inform the entities of the determinations described 
        in clause (i); and
            ``(iii) once every 3 years, prepare for inclusion in any 
        application reviewed by the community board and submitted to 
        the Secretary under section 422, the determinations described 
        in clause (i), in the form of an exhibit entitled `Assessment 
        of Relevant Policies and Practices, and Needed Corrective 
        Actions to End and Prevent Homelessness'; and
            ``(C) if the community board designs and carries out the 
        projects, design and carry out the projects in such a manner as 
        to further the goal described in subparagraph (A);
            ``(2) require, consistent with the Government Performance 
        and Results Act of 1993 and amendments made by that Act, that 
        recipients and project sponsors who are funded by grants 
        received under this title implement and maintain an outcome-
        based evaluation of their projects that measures effective and 
        timely delivery of housing or services and whether provision of 
        such housing or services results in preventing or ending 
        homelessness for the persons that such recipients and project 
        sponsors serve;
            ``(3) require, consistent with the Government Performance 
        and Results Act of 1993 and amendments made by that Act, 
        outcome-based evaluation of the community board's homeless 
        assistance planning process to measure the community board's 
        performance in preventing or ending the homelessness of persons 
        in the community board's geographic area; and
            ``(4) participate in the Consolidated Plan for the 
        geographic area served by the community board.''

SEC. 413. TECHNICAL ASSISTANCE AND PERFORMANCE REPORTS.

    Subtitle A of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11361 et seq.) is amended by inserting after section 403 (as so 
redesignated by section 411(2) of this Act) the following new sections:

``SEC. 404. TECHNICAL ASSISTANCE.

    ``(a) In General.--The Secretary shall provide technical assistance 
to--
            ``(1) States, metropolitan cities, urban counties, and 
        counties that are not urban counties, that have not applied 
        for, or have failed to receive, funding under this title, in 
        order to implement effective planning processes for preventing 
        and ending homelessness and to improve their capacity to 
        prepare collaborative applications; and
            ``(2) community boards or their predecessor homeless 
        planning bodies in States, metropolitan cities, urban counties, 
        and counties that are not urban counties, that have not applied 
        for, or have failed to receive, funding under this title, in 
        order to improve their capacity to prepare collaborative 
        applications.
    ``(b) Reservation.--The Secretary shall reserve not more than 1 
percent of the funds made available for any fiscal year for carrying 
out subtitles B and C, to provide technical assistance under subsection 
(a).

``SEC. 405. PERFORMANCE REPORTS.

    ``(a) In General.--Each community board shall submit to the 
Secretary an annual performance report regarding the activities carried 
out with grant amounts received under subtitles B and C in the 
geographic area served by the community board, at such time and in such 
manner as the Secretary determines to be reasonable.
    ``(b) Content.--The performance report described in subsection (a) 
shall--
            ``(1) describe the number of persons provided homelessness 
        prevention assistance, and the number of individuals and 
        families experiencing homelessness who were provided shelter, 
        housing, or supportive services, with the grant amounts awarded 
        in the fiscal year prior to the fiscal year in which the report 
        was submitted, including measurements of the number of persons 
        experiencing homelessness who--
                    ``(A) entered permanent housing, and the length of 
                time such persons resided in that housing, if known;
                    ``(B) entered transitional housing, and the length 
                of time such persons resided in that housing, if known;
                    ``(C) obtained or retained jobs;
                    ``(D) increased their income, including increasing 
                income through the receipt of government benefits;
                    ``(E) received mental health or substance abuse 
                treatment in an institutional setting and now receive 
                that assistance in a less restrictive, community-based 
                setting;
                    ``(F) received additional education, vocational or 
                job training, or employment assistance services; and
                    ``(G) received additional physical, mental, or 
                emotional health care;
            ``(2) estimate the number of persons experiencing 
        homelessness in the geographic area served by the community 
        board who are eligible for, but did not receive, services, 
        housing, or other assistance through the programs funded under 
        subtitles B and C in the prior fiscal year;
            ``(3) indicate the accomplishments achieved within the 
        geographic area to prevent the homelessness of persons 
        discharged from publicly funded institutions or systems of care 
        (such as health care facilities, foster care or other youth 
        facilities or systems of care, institutions or systems of care 
        relating to the temporary assistance to needy families program 
        established under part A of title IV of the Social Security Act 
        (42 U.S.C. 601 et seq.), and corrections programs and 
        institutions); and
            ``(4) assess the consistency and coordination between the 
        programs funded under subtitles B and C in the prior fiscal 
        year and the Consolidated Plan.
    ``(c) Waiver.--The Secretary may grant a waiver to any community 
board that is unable to provide information required by subsection (b). 
Such community board shall submit a plan to provide such information 
within a reasonable period of time.''.

SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

    Subtitle A of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11361 et seq.) is amended by inserting after section 406 (as so 
redesignated by section 411(2) of this Act) the following new section:

``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out title II and 
this title $1,800,000,000 for fiscal year 2003 and such sums as may be 
necessary for each of fiscal years 2004, 2005, 2006, and 2007.''.

              Subtitle B--Emergency Shelter Grants Program

SEC. 421. GRANT ASSISTANCE.

    The McKinney-Vento Homeless Assistance Act is amended by striking 
section 412 (42 U.S.C. 11372) and inserting the following new sections:

``SEC. 412. GRANT ASSISTANCE.

    ``(a) In General.--The Secretary shall make grants to States and 
local governments (and to private nonprofit organizations providing 
assistance to persons experiencing homelessness, in the case of grants 
made with reallocated amounts) for the purpose of carrying out 
activities described in section 414.
    ``(b) Coordination With Community Boards.--An entity that receives 
a grant under this section and serves an area that includes one or more 
geographic areas (or portions of such areas) served by community boards 
that submit applications under subtitle C, shall allocate the funds 
made available through the grant to carry out activities described in 
section 414, in consultation with such community boards.''.

SEC. 422. AMOUNT AND ALLOCATION OF ASSISTANCE.

    Section 413 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11373) is amended--
            (1) in subsection (b)--
                    (A) by striking ``amounts appropriated'' and all 
                that follows through ``for any'' and inserting 
                ``amounts appropriated under section 407 and made 
                available to carry out this subtitle for any''; and
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (b)'';
            (2) in subsection (d)(1), by striking ``subsection (b)'' 
        and inserting ``subsection (c)'';
            (3) by redesignating subsections (a) through (e) as 
        subsections (b) through (f), respectively; and
            (4) by inserting before subsection (b) (as so redesignated 
        by paragraph (3) of this section) the following new subsection:
    ``(a) Limitation on Amounts Used for Emergency Shelter.--Of the 
amount made available to carry out this subtitle and subtitle C for a 
fiscal year, the Secretary shall allocate nationally for use under this 
subtitle an aggregate amount not exceeding 15 percent of such total 
amount.''.

SEC. 423. ELIGIBLE ACTIVITIES.

    The McKinney-Vento Homeless Assistance Act is amended by striking 
section 414 (42 U.S.C. 11374) and inserting the following new section:

``SEC. 414. ELIGIBLE ACTIVITIES.

    ``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, including 
        services concerned with employment, health, or education, 
family support services for homeless youth, alcohol or drug abuse 
prevention or treatment, or mental health treatment, if--
                    ``(A) such essential services have not been 
                provided by the local government during any part of the 
                immediately preceding 12-month period or the Secretary 
                determines that the local government is in a severe 
                financial deficit; or
                    ``(B) the use of assistance under this subtitle 
                would complement the provision of those essential 
                services.
            ``(3) Maintenance, operation, insurance, provision of 
        utilities, and provision of furnishings.
            ``(4) For homelessness prevention activities.''.

SEC. 424. REPEALS.

    Sections 417 and 418 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11377, 11378) are hereby repealed.

                 Subtitle C--Continuum of Care Program

SEC. 431. CONTINUUM OF CARE.

    The McKinney-Vento Homeless Assistance Act is amended
            (1) by striking the subtitle heading for subtitle C of 
        title IV (42 U.S.C. 11381 et seq.) and inserting the following:

               ``Subtitle C--Continuum of Care Program'';

        and
            (2) by striking section 422 (42 U.S.C. 11382) and inserting 
        the following new section:

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

    ``(a) Eligible Applicant.--In this section, the term `eligible 
applicant' means a collaborative applicant or solo applicant.
    ``(b) Projects.--The Secretary shall award grants to eligible 
applicants to carry out homeless assistance and prevention projects.
    ``(c) Notification of Funding Availability.--The Secretary shall 
release a notification of funding availability for grants awarded under 
this subtitle for a fiscal year not later than 3 months after the date 
of enactment of the appropriate Act making appropriations for the 
Department of Housing and Urban Development for such fiscal year.
    ``(d) Applications.--
            ``(1) In general.--To receive a grant under subsection (b), 
        an eligible applicant shall submit an application for the grant 
        to a community board in accordance with the collaborative 
        process established by the board, as described in section 402, 
        and have such application reviewed, approved, and prioritized 
        by such community board, except that a solo applicant may 
        submit such application to the Secretary without participating 
        in such process if the applicant includes information in such 
        application regarding why the applicant has not participated.
            ``(2) Contents.--To receive the grant, after receiving 
        approval from the community board for the application, the 
        eligible applicant shall submit an application to the Secretary 
        at such time and in such manner as the Secretary may require, 
        and containing--
                    ``(A) the application submitted to the community 
                board; and
                    ``(B) other information that, in addition to 
                including the information described in subsections (a) 
                and (c) of section 426, shall--
                            ``(i) describe the establishment and 
                        function of the community board, including--
                                    ``(I) the nomination and selection 
                                process for such board, including the 
                                names and affiliations of all such 
                                board members;
                                    ``(II) all meetings held by such 
                                board in preparing the collaborative 
                                application, including identification 
                                of those meetings that were public; and
                                    ``(III) all meetings between board 
                                representatives, and persons 
                                responsible for administering the 
                                consolidated plan;
                            ``(ii) outline the range of housing and 
                        service programs available to persons 
                        experiencing homelessness or imminently at risk 
                        of experiencing homelessness and describe the 
                        unmet needs that remain in the geographic area 
                        for which the collaborative applicant seeks 
                        funding regarding--
                                    ``(I) prevention activities, 
                                including providing assistance in--
                                            ``(aa) making mortgage, 
                                        rent, or utility payments; or
                                            ``(bb) accessing permanent 
                                        housing and transitional 
                                        housing for individuals (and 
families that include the individuals) who are being discharged from a 
publicly funded facility, program, or system of care, or whose services 
(from such a facility, program, or system of care) are being 
terminated, including discharge from a foster care program;
                                    ``(II) outreach activities to 
                                assess the needs and conditions of 
                                persons experiencing homelessness;
                                    ``(III) emergency shelters, 
                                including the supportive and referral 
                                services the shelters provide;
                                    ``(IV) transitional housing with, 
                                as needed, appropriate supportive 
                                services to help persons experiencing 
                                homelessness who are not yet able or 
                                prepared to make the transition to 
                                permanent housing and independent 
                                living;
                                    ``(V) permanent housing to help 
                                meet the long-term needs of individuals 
                                and families experiencing homelessness; 
                                and
                                    ``(VI) needed supportive services;
                            ``(iii) prioritize the projects for which 
                        the collaborative applicant seeks funding 
                        according to the unmet needs in the fiscal year 
                        in which the applicant submits the application 
                        as described in clause (ii);
                            ``(iv) identify funds from private and 
                        public sources, other than funds received under 
                        subtitle B and this subtitle, that the State, 
                        units of general local government, recipients, 
                        project sponsors, and others will use for 
                        homelessness prevention, emergency shelter, 
                        supportive services, transitional housing, 
                        permanent housing, and permanent supportive 
                        housing that will be integrated with the 
                        assistance provided under subtitle B and this 
                        subtitle;
                            ``(v) identify funds provided by the State 
                        and units of general local government under 
                        programs targeted for persons experiencing 
                        homelessness, and other programs for which 
                        persons experiencing homelessness are eligible, 
                        including programs identified by the General 
                        Accounting Office in the February 1999 report 
                        entitled `Homelessness: Coordination and 
                        Evaluation of Programs Are Essential';
                            ``(vi) explain--
                                    ``(I) how the collaborative 
                                applicant will meet the housing and 
                                service needs of individuals and 
                                families experiencing homelessness in 
                                the applicant's community; and
                                    ``(II) the strategy of the State, 
                                units of general local government, and 
                                private entities in the geographic area 
                                over the next 5 years to prevent and 
                                end homelessness, including, as part of 
                                that strategy, a work plan for the 
                                applicable fiscal years;
                            ``(vii) report on the outcome-based 
                        performance of the homeless programs within the 
                        geographic area served by the collaborative 
                        applicant that were funded under this title in 
                        the fiscal year prior to the fiscal year in 
                        which the application is submitted;
                            ``(viii) include any relevant required 
                        agreements under this subtitle;
                            ``(ix) contain a certification of 
                        consistency with the consolidated plan pursuant 
                        to section 403;
                            ``(x) contain a certification that the 
                        applicable States and units of general local 
                        government are not penalizing homeless 
                        individuals and families--
                                    ``(I) through laws, ordinances, or 
                                policies based upon their status as 
                                homeless; or
                                    ``(II) by using zoning laws, 
                                ordinances, or policies to prevent the 
                                siting of facilities designed to serve 
                                the homeless;
                            ``(xi) contain such certifications and 
                        assurances as the Secretary, in consultation 
                        with the Secretary of Education, considers 
                        appropriate to ensure that--
                                    ``(I) the applicable States and 
                                State and local educational agencies 
                                agree to comply with the requirements 
                                applicable to such States and agencies 
                                that receive grants under subtitle B of 
                                title VII of the McKinney-Vento 
                                Homeless Assistance Act (42 U.S.C. 
                                11431 et seq.); and
                                    ``(II) the strategy referred to in 
                                clause (vi)(II) will take the 
                                educational needs of children into 
                                account when families are placed in 
                                emergency or transitional shelter and 
                                will, to the maximum extent 
                                practicable, place families with 
                                children as close to possible to their 
                                school of origin so as not to disrupt 
                                such children's education; and
                            ``(xii)(I) in the case of a collaborative 
                        applicant, include an exhibit described in 
                        section 402(f)(1)(B)(iii) and prepared by the 
                        community board in accordance with that 
                        section; or
                            ``(II) in the case of a solo applicant, 
                        include an exhibit described in section 
                        402(f)(1)(B)(iii) and prepared by the 
                        applicant.
            ``(3) Announcement of awards.--The Secretary shall 
        announce, not later than 5 months after the last date for the 
        submission of applications described in this subsection for a 
        fiscal year, the grants awarded under subsection (b) for that 
        fiscal year.
            ``(4) Obligation, distribution, and utilization of funds.--
                    ``(A) Requirements for obligation.--
                            ``(i) In general.--Not later than 9 months 
                        after the announcement referred to in paragraph 
                        (3), each recipient or project sponsor seeking 
                        the obligation of funds for a grant announced 
                        under paragraph (3) shall meet all requirements 
                        for the obligation of those funds, including 
                        site control, matching funds, and environmental 
                        review requirements, except as provided in 
                        clause (ii).
                            ``(ii) Acquisition, rehabilitation, or 
                        construction.--Not later than 15 months after 
                        the announcement referred to in paragraph (3), 
                        each recipient or project sponsor seeking the 
                        obligation of funds for acquisition of housing, 
                        rehabilitation of housing, or construction of 
                        new housing for a grant announced under 
                        paragraph (3) shall meet all requirements for 
                        the obligation of those funds, including site 
control, matching funds, and environmental review requirements.
                            ``(iii) Extensions.--At the discretion of 
                        the Secretary, and in compelling circumstances, 
                        the Secretary may extend the date by which a 
                        recipient or project sponsor shall meet the 
                        requirements described in clause (i) if the 
                        Secretary determines that compliance with the 
                        requirements was delayed due to factors beyond 
                        the reasonable control of the recipient or 
                        project sponsor. Such factors may include 
                        difficulties in obtaining site control for a 
                        proposed project, completing the process of 
                        obtaining secure financing for the project, or 
                        completing the technical submission 
                        requirements for the project.
                    ``(B) Obligation.--Not later than 45 days after a 
                recipient or project sponsor meets the requirements 
                described in subparagraph (A)(i), the Secretary shall 
                obligate the funds for the grant involved.
                    ``(C) Distribution.--A recipient that receives 
                funds through such a grant--
                            ``(i) shall distribute the funds to project 
                        sponsors (in advance of expenditures by the 
                        project sponsors); and
                            ``(ii) shall distribute the appropriate 
                        portion of the funds to a project sponsor not 
                        later than 21 days after receiving a request 
                        for such distribution from the project sponsor.
    ``(e) Selection Criteria.--In determining whether to award a grant 
to an applicant under subsection (b), the Secretary shall consider, in 
addition to criteria described in section 426(b)--
            ``(1) the inclusiveness of the community board involved and 
        the process the board administered, if applicable;
            ``(2) the comprehensiveness and coordination of the 
        homelessness prevention, housing, and services programs 
        (including discharge planning and service termination 
        protocols) within the geographic area served by the community 
        board;
            ``(3) the extent to which prioritized programs meet unmet 
        needs;
            ``(4) the capacity of the geographic area to leverage 
        funding from other public and private sources;
            ``(5) the long-term strategy of the applicable States and 
        units of general local government to combat, prevent, and end 
        homelessness;
            ``(6) the performance of the homelessness prevention, 
        housing, and services programs funded in the fiscal year prior 
        to the date of submission of the application;
            ``(7) the need for services in the geographic area;
            ``(8) the plan by which--
                    ``(A) access to appropriate permanent housing will 
                be secured if the proposed project does not include 
                permanent housing; and
                    ``(B) access to outcome-effective supportive 
                services will be secured for residents or consumers 
                involved in the project who are willing to use the 
                services;
            ``(9) the evaluation plan for evaluations of the project, 
        which--
                    ``(A) will use periodically collected information 
                and analysis to determine whether the project has 
                resulted in enhanced stability and well-being of the 
                residents or consumers served by the project;
                    ``(B) will include evaluations obtained directly 
                from the individuals or families served by the project; 
                and
                    ``(C) will be submitted by the recipient for the 
                grant to the community board for review and use in 
                assessments, conducted by the board consistent with the 
                board's duty to ensure effective outcomes that 
                contribute to the goal of preventing and ending 
                homelessness in the geographic area served by the 
                board;
            ``(10) the extent to which the applicable States and units 
        of general local government have made commitments to and are 
        taking actions to uphold the civil rights of homeless families 
        and individuals, including removing or repealing any policies 
        or laws criminalizing homelessness, and have established 
        procedures to document abuses of such civil rights; and
            ``(11) any other criteria the Secretary determines to be 
        reasonably appropriate.
    ``(f) Notification of Pro Rata Estimated Grant Amounts.--
            ``(1) Notice.--The Secretary shall inform each community 
        board, 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 board.
            ``(2) Amount.--
                    ``(A) Basis.--Such estimated grant amount shall be 
                based on a percentage of the total funds available, or 
                estimated to be available, to carry out this subtitle 
                for any fiscal year that is equal to the percentage of 
                the total amount available for section 106 of the 
                Housing and Community Development Act of 1974 (42 
                U.S.C. 5306) for the prior fiscal year that--
                            ``(i) was allocated to all metropolitan 
                        cities and urban counties within the geographic 
                        area represented by the Board; or
                            ``(ii) would have been distributed to all 
                        counties within such geographic area that are 
                        not urban counties, if the 30 percent portion 
                        of the allocation to the State involved (as 
                        described in subsection (d)(1) of that section 
                        106) for that year had been distributed among 
                        the counties that are not urban counties in the 
                        State in accordance with the formula specified 
                        in that subsection (with references in that 
                        subsection to nonentitlement areas considered 
                        to be references to those counties).
                    ``(B) Adjustment.--In computing the estimated grant 
                amount, the Secretary shall adjust the estimated grant 
                amount determined pursuant to subparagraph (A) to 
                ensure that--
                            ``(i) 75 percent of the total funds 
                        available, or estimated to be available, to 
                        carry out this subtitle for any fiscal year are 
                        allocated to the metropolitan cities and urban 
                        counties that received a direct allocation of 
                        funds under section 413 for the prior fiscal 
                        year; and
                            ``(ii) 25 percent of the total funds 
                        available, or estimated to be available, to 
                        carry out this subtitle for any fiscal year are 
                        allocated--
                                    ``(I) to the metropolitan cities 
                                and urban counties that did not receive 
                                a direct allocation of funds under 
                                section 413 for the prior fiscal year; 
                                and
                                    ``(II) to counties that are not 
                                urban counties.
                    ``(C) Combinations or consortia.--For any community 
                board that represents a combination or consortium of 
                cities or counties, the estimated grant amount shall be 
                the sum of the estimated grant amounts for the cities 
                or counties represented by the board.
    ``(g) Appeals.--
            ``(1) In general.--Not later than 3 months after the date 
        of enactment of the Bringing America Home Act, the Secretary 
        shall establish a timely appeal procedure for grant amounts 
        awarded or denied under this subtitle pursuant to a 
        collaborative application or solo application for funding.
            ``(2) Process.--The Secretary shall ensure that the 
        procedure permits appeals submitted by community boards, 
        entities carrying out homeless housing and services projects 
        (including emergency shelters and homelessness prevention 
        programs), homeless planning bodies not designated by the 
        Secretary as community boards, and all other applicants under 
        this subtitle.
    ``(h) Solo Applicants.--A solo applicant may submit an application 
to the Secretary for a grant under subsection (b) and be awarded such 
grant on the same basis as such grants are awarded to other applicants 
based on the criteria described in subsection (e). The Secretary may 
award such grants directly to such applicants in a manner determined to 
be appropriate by the Secretary.''.

SEC. 432. ELIGIBLE ACTIVITIES.

    The McKinney-Vento Homeless Assistance Act is amended by striking 
section 423 (42 U.S.C. 11383) and inserting the following new section:

``SEC. 423. ELIGIBLE ACTIVITIES.

    ``(a) In General.--Grants awarded under section 422 to qualified 
applicants shall be used only to carry out homeless assistance and 
prevention projects that consist of one or more of the following 
eligible activities:
            ``(1) Construction of new housing units to provide 
        transitional or permanent housing.
            ``(2) Acquisition or rehabilitation of a structure to 
        provide transitional or permanent housing, other than emergency 
        shelter, or to provide supportive services.
            ``(3) Leasing of property, or portions of property, not 
        owned by the recipient or project sponsor involved, for use in 
        providing transitional or permanent housing, or providing 
        supportive services.
            ``(4) Provision of rental assistance to provide 
        transitional or permanent housing to eligible persons. The 
        rental assistance may include tenant-based, project-based, or 
        independently owned rental assistance.
            ``(5) Payment of operating costs for housing units assisted 
        under this subtitle.
            ``(6) Supportive services.
            ``(7) Homelessness prevention activities, subject to 
        subsection (b).
    ``(b) Eligibility for Funds for Homelessness Prevention 
Activities.--
            ``(1) Application requirement.--To be eligible to receive 
        grant funds under section 422 to carry out homelessness 
        prevention activities, an applicant shall submit an application 
        to the Secretary under section 422 that shall include a 
        certification in which--
                    ``(A) the relevant public entities in the 
                geographic area involved certify compliance with 
                paragraph (2); and
                    ``(B) the publicly funded institutions, facilities, 
                and systems of care in the geographic area certify that 
                the institutions, facilities, and systems of care will 
                take, and fund directly, all reasonable measures to 
                ensure that the institutions, facilities, and systems 
                of care do not discharge individuals into homelessness.
            ``(2) Supplementation requirement.--Funds appropriated 
        under section 407 and made available for homelessness 
        prevention activities shall be used to supplement, and not 
        supplant, other Federal, State, and local public funds used for 
        homelessness prevention.
    ``(c) Use Restrictions.--
            ``(1) Acquisition, rehabilitation, and new construction.--A 
        project that consists of activities described in paragraph (1) 
        or (2) of subsection (a) shall be operated for the purpose 
        specified in the application submitted for the project under 
        section 422 for not less than 20 years.
            ``(2) Other activities.--A project that consists of 
        activities described in any of paragraphs (3) through (7) of 
        subsection (a) shall be operated for the purpose specified in 
        the application submitted for the project under section 422 for 
        the duration of the grant period involved.
            ``(3) Conversion.--If the recipient or project sponsor 
        carrying out a project that provides transitional or permanent 
        housing submits a request to the Secretary to carry out instead 
        a project for the direct benefit of low-income persons, and the 
        Secretary determines that the initial project is no longer 
        needed to provide transitional or permanent housing, the 
        Secretary may approve the project described in the request and 
        authorize the recipient or project sponsor to carry out that 
        project.
    ``(d) Repayment of Assistance and Prevention of Undue Benefits.--
            ``(1) Repayment.--If a recipient or project sponsor 
        receives assistance under section 422 to carry out a project 
        that consists of activities described in paragraph (1) or (2) 
        of subsection (a) and the project ceases to provide 
        transitional or permanent housing--
                    ``(A) earlier than 10 years after operation of the 
                project begins, the Secretary shall require the 
                recipient or project sponsor to repay 100 percent of 
                the assistance; or
                    ``(B) not earlier than 10 years, but earlier than 
                20 years, after operation of the project begins, the 
                Secretary shall require the recipient or project 
                sponsor to repay 10 percent of the assistance for each 
                of the years in the 20-year period for which the 
                project fails to provide that housing.
            ``(2) Prevention of undue benefits.--Except as provided in 
        paragraph (3), if any property is used for a project that 
        receives assistance under subsection (a) and consists of 
        activities described in paragraph (1) or (2) of subsection (a), 
        and the sale or other disposition of the property occurs before 
        the expiration of the 20-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 benefiting from 
        such sale or disposition.
            ``(3) Exception.--A recipient or project sponsor shall not 
        be required to make the repayments, and comply with the terms 
        and conditions, required under paragraph (1) or (2) if--
                    ``(A) the sale or disposition of the property used 
                for the project results in the use of the property for 
                the direct benefit of very low-income persons; or
                    ``(B) all of the proceeds of the sale or 
                disposition are used to provide transitional or 
                permanent housing meeting the requirements of this 
                subtitle.''.

SEC. 433. PROGRAM REQUIREMENTS.

    Section 426 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11386) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``Applications'' 
                and all that follows through ``shall'' and inserting 
                ``Applications for assistance under section 422 
                shall'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (B) and 
                        inserting the following new subparagraph:
                    ``(B) a description of the size and characteristics 
                of the population that would occupy housing units or 
                receive supportive services assisted under this 
                subtitle;''; and
                            (ii) in subparagraph (E), by striking ``in 
                        the case of projects assisted under this title 
                        that do not receive assistance under such 
                        sections,''; and
                    (C) in paragraph (3), in the last sentence, by 
                striking ``recipient'' and inserting ``recipient or 
                project sponsor'';
            (2) in subsection (d), in the first sentence, by striking 
        ``recipient'' and inserting ``recipient or project sponsor'';
            (3) by striking subsection (e);
            (4) by redesignating subsections (f), (g), and (h), as 
        subsections (e), (f), and (g), respectively;
            (5) in subsection (f) (as so redesignated by paragraph (4) 
        of this section), in the first sentence, by striking 
        ``recipient'' each place it appears and inserting ``recipient 
        or project sponsor'';
            (6) by striking subsection (i); and
            (7) by redesignating subsection (j) as subsection (h).

SEC. 434. ALLOCATION AMOUNTS AND FUNDING.

    The McKinney-Vento Homeless Assistance Act is amended--
            (1) by repealing section 429 (42 U.S.C. 11389); and
            (2) by redesignating sections 427 and 428 (42 U.S.C. 11387, 
        11388) as sections 432 and 433, respectively; and
            (3) by inserting after section 426 the following new 
        sections:

``SEC. 427. ALLOCATION OF AMOUNTS FOR SPECIFIC ELIGIBLE ACTIVITIES.

    ``(a) Prevention Activities.--From the amount made available to 
carry out this subtitle for each fiscal year (not including any amounts 
made available under section 407 and allocated for use under subtitle 
B), an amount equal to not more than 3 percent shall be used for 
prevention activities described in section 423(a)(9).
    ``(b) Treatment of Amounts for Permanent or Transitional Housing.--
Nothing in this Act may be construed to establish a limit on the amount 
of funding that an applicant may request under this subtitle for 
acquisition, construction, or rehabilitation activities for the 
development of permanent housing or transitional housing.

``SEC. 428. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR GRANT AMOUNTS 
              FOR PERMANENT HOUSING.

    ``(a) In General.--Of the total amount available for use in 
connection with expiring or terminating section 8 subsidy contracts 
awarded under section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f), such sums as may be necessary shall be transferred and 
merged into the Homeless Assistance Grants account of the Department of 
Housing and Urban Development.
    ``(b) Renewals.--Amounts transferred and merged pursuant to 
subsection (a) shall be available for the renewal of contracts for a 1-
year term for rental assistance and housing operation costs associated 
with permanent housing projects funded under this subtitle, or under 
subtitle C or F (as in effect immediately before the enactment of the 
Bringing America Home Act), for homeless individuals and homeless 
families. The Secretary shall determine whether to renew a contract for 
such a permanent housing project on the basis of demonstrated need for 
the project and the compliance of the entity carrying out the project 
with appropriate standards of housing quality and habitability as 
determined by the Secretary.

``SEC. 429. ADMINISTRATIVE EXPENSES.

    ``(a) Administrative Expenses.--Grant amounts awarded under this 
subtitle may be used for administrative expenses, including expenses 
for--
            ``(1) carrying out routine grant administration and 
        monitoring activities;
            ``(2) receipt and disbursement of program funds;
            ``(3) preparation of financial and performance reports, 
        including carrying out management information system functions; 
        and
            ``(4) compliance with grant conditions and audit 
        requirements.
    ``(b) Limitations on Administrative Expenses.--A portion, of not 
more than 6 percent, of grant amounts awarded under this subtitle may 
be used for administrative expenses described in subsection (a), and 
not less than \1/2\ of such portion shall be allocated to nonprofit 
organizations and other project sponsors to fund management information 
system functions, application preparation, and preparation of annual 
performance and other evaluation reports.

``SEC. 430. MATCHING FUNDING.

    ``An entity who submits an application and receives a grant under 
this subtitle shall make available contributions, in cash or in donated 
services, in an amount equal to not less than 25 percent of the Federal 
funds provided under the grant.

``SEC. 431. APPEAL PROCEDURE.

    ``(a) In General.--With respect to funding under this subtitle, if 
certification of consistency with the consolidated plan pursuant to 
section 403 is withheld from an applicant who has submitted an 
application for that certification, such applicant may appeal such 
decision to the Secretary.
    ``(b) Procedure.--The Secretary shall establish a procedure to 
process the appeals described in subsection (a).
    ``(c) Determination.--Not later than 45 days after the date of 
receipt of an appeal described in subsection (a), the Secretary shall 
determine if certification was unreasonably withheld. If such 
certification was unreasonably withheld, the Secretary shall review 
such application and determine if such applicant shall receive funding 
under this subtitle.''.

             Subtitle D--Repeals and Conforming Amendments

SEC. 441. REPEALS.

    Subtitles D, E, F, and G of title IV of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., 11403 et seq., 
and 11408 et seq.) are hereby repealed.

SEC. 442. CONFORMING AMENDMENTS.

    (a) Consolidated Plan.--Section 403(1) of the McKinney-Vento 
Homeless Assistance Act (as so redesignated by section 411(2) of this 
Act), is amended--
            (1) by striking ``current housing affordability strategy'' 
        and inserting ``consolidated plan''; and
            (2) by inserting before the comma the following: 
        ``(referred to in such section as a `comprehensive housing 
        affordability strategy')''.
    (b) Persons Experiencing Homelessness.--Section 103 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) is amended by 
adding at the end the following new subsection:
    ``(d) Persons Experiencing Homelessness.--Any references in this 
Act to homeless individuals (including homeless persons) or homeless 
groups (including the homeless) shall be considered to include, and to 
refer to, individuals experiencing homelessness or groups experiencing 
homelessness, respectively.''.

SEC. 443. AMENDMENT TO TABLE OF CONTENTS.

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

                     ``TITLE IV--HOUSING ASSISTANCE

          ``Subtitle A--Comprehensive Homeless Assistance Plan

``Sec. 401. Definitions.
``Sec. 402. Community homeless assistance planning boards.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Technical assistance.
``Sec. 405. Performance reports.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Authorization of appropriations.
             ``Subtitle B--Emergency Shelter Grants Program

``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Allocation and distribution of assistance.
``Sec. 414. Eligible activities.
``Sec. 415. Responsibilities of recipients.
``Sec. 416. Administrative provisions.
                ``Subtitle C--Continuum of Care Program

``Sec. 421. Purpose.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Supportive housing.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Allocation of amounts for specific eligible activities.
``Sec. 428. Renewal funding and terms of assistance for grant amounts 
                            for permanent housing.
``Sec. 429. Administrative expenses.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.''.

                   TITLE V--PRESERVATION OF RESOURCES

SEC. 501. GOVERNORS, MAYORS, CITIES, AND COUNTIES HOUSING ADVISORY 
              COMMITTEES.

    It is the sense of the Congress that the National Governors 
Association, the U.S. Conference of Mayors, the National League of 
Cities, and the National Association of Counties should--
            (1) each establish an advisory committee to undertake an 
        assessment of housing needs in the United States on an annual 
        basis; and
            (2) submit each such annual housing needs assessment to the 
        Committee on Financial Services of the House of Representatives 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and the Committees on Appropriations of the House and 
        Senate.

SEC. 502. MORTGAGE INTEREST DEDUCTION LIMITED TO $300,000 OF DEBT ON 1 
              HOME; REPEAL OF DEDUCTION FOR HOME EQUITY INDEBTEDNESS; 
              REPEAL OF EXCLUSION OF GAIN ON SALE OF PRINCIPAL 
              RESIDENCE.

    (a) Limitations on Mortgage Interest Deduction.--
            (1) In general.--Paragraph (3) of section 163(h) of the 
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(3) Qualified residence interest.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `qualified residence 
                interest' means any interest which is paid or accrued 
                during the taxable year on acquisition indebtedness 
                with respect to the principal residence of the 
                taxpayer. For purposes of the preceding sentence, the 
                determination of whether any property is the principal 
                residence of the taxpayer shall be made as of the time 
                the interest is accrued.
                    ``(B) Acquisition indebtedness.--
                            ``(i) In general.--The term `acquisition 
                        indebtedness' means any indebtedness which--
                                    ``(I) is incurred in acquiring, 
                                constructing, or substantially 
                                improving the principal residence of 
                                the taxpayer, and
                                    ``(II) is secured by such 
                                residence.
                        Such term also includes any indebtedness 
                        secured by such residence resulting from the 
                        refinancing of indebtedness meeting the 
                        requirements of the preceding sentence (or this 
                        sentence); but only to the extent the amount of 
                        the indebtedness resulting from such 
                        refinancing does not exceed the amount of the 
                        refinanced indebtedness.
                            ``(ii) $500,000 limitation.--The aggregate 
                        amount treated as acquisition indebtedness for 
                        any period shall not exceed $300,000 ($150,000 
                        in the case of a married individual filing a 
                        separate return).
                    ``(C) Treatment of indebtedness incurred on or 
                before july 18, 2003.--
                            ``(i) In general.--In the case of any pre-
                        July 18, 2003, indebtedness--
                                    ``(I) such indebtedness shall be 
                                treated as acquisition indebtedness, 
                                and
                                    ``(II) the limitation of 
                                subparagraph (B)(ii) shall not apply.
                            ``(ii) Reduction in $300,000 limitation.--
                        The limitation of subparagraph (B)(ii) shall be 
                        reduced (but not below zero) by the aggregate 
                        amount of outstanding pre-July 18, 2003, 
                        indebtedness.
                            ``(iii) Pre-july 18, 2003, indebtedness.--
                        The term `pre-July 18, 2003, indebtedness' 
                        means--
                                    ``(I) any indebtedness which was 
                                incurred on or before July 18, 2003, 
                                and which was secured by a qualified 
                                residence on such date and at all times 
                                thereafter before the interest is paid 
                                or accrued, or
                                    ``(II) any indebtedness which is 
                                secured by the qualified residence and 
                                was incurred after July 18, 2003, to 
                                refinance indebtedness described in 
                                subclause (I) (or refinanced 
                                indebtedness meeting the requirements 
                                of this subclause) to the extent 
                                (immediately after the refinancing) the 
                                principal amount of the indebtedness 
                                resulting from the refinancing does not 
                                exceed the principal amount of the 
                                refinanced indebtedness (immediately 
                                before the refinancing).
                            ``(iv) Limitation on period of 
                        refinancing.--Subclause (II) of clause (iii) 
                        shall not apply to any indebtedness after--
                                    ``(I) the expiration of the term of 
                                the indebtedness described in clause 
                                (iii)(I), or
                                    ``(II) if the principal of the 
                                indebtedness described in clause 
                                (iii)(I) is not amortized over its 
                                term, the expiration of the term of the 
                                1st refinancing of such indebtedness 
                                (or if earlier, the date which is 30 
                                years after the date of such 1st 
                                refinancing).''.
            (2) Conforming amendment.--Subparagraph (A) of section 
        163(h)(4) of such Code is amended to read as follows:
                    ``(a) Principal residence.--The term `principal 
                residence' has the meaning given to such term by 
                section 121.''.
    (b) Repeal of Exclusion of Gain on Sale of Principal Residence.--
Section 121 of such Code is hereby repealed.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

                       TITLE VI--HEALTH SECURITY

                     Subtitle A--General Provisions

SEC. 601. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--The Congress finds as follows:
            (1) The United States has the most expensive health care 
        system in the world in terms of absolute costs, per capita 
        costs, and percentage of gross domestic product (GDP).
            (2) Despite being first in spending, the World Health 
        Organization has ranked the United States 37th among all 
        nations in terms of meeting the needs of its people.
            (3) 43,000,000 Americans, including 9,000,000 children, are 
        uninsured.
            (4) Tens of millions more Americans are inadequately 
        insured, including medicare beneficiaries who lack access to 
        prescription drug coverage and long term care coverage.
            (5) Racial, income, and ethnic disparities in access to 
        care threaten communities across the country, particularly 
        communities of color.
            (6) Health care costs continue to increase, jeopardizing 
        the health security of working families and small businesses.
            (7) Any health care reform must ensure that health care 
        providers and practitioners are able to provide patients with 
        the quality care they need.
    (b) Sense of Congress.--It is the sense of the Congress that 
legislation should be enacted to guarantee that every person in the 
United States, regardless of income, age, or employment or health 
status, has access to health care that--
            (1) is affordable to individuals and families, businesses 
        and taxpayers and that removes financial barriers to needed 
        care;
            (2) is as cost efficient as possible, spending the maximum 
        amount of dollars on direct patient care;
            (3) provides comprehensive benefits, including benefits for 
        mental health, co-occurring disorders, and long term care 
        services;
            (4) promotes prevention and early intervention;
            (5) includes parity for mental health, co-occurring 
        disorders and other services;
            (6) eliminates disparities in access to quality health 
        care;
            (7) addresses the needs of people with special health care 
        needs and underserved populations in rural and urban areas;
            (8) promotes quality and better health outcomes;
            (9) addresses the need to have adequate numbers of 
        qualified health care caregivers, practitioners, and providers 
        to guarantee timely access to quality care;
            (10) provides adequate and timely payments in order to 
        guarantee access to providers;
            (11) fosters a strong network of health care facilities, 
        including safety net providers;
            (12) ensures continuity of coverage and continuity of care;
            (13) maximizes consumer choice of health care providers and 
        practitioners; and
            (14) is easy for patients, providers and practitioners to 
        use and reduces paperwork.

SEC. 602. SENSE OF CONGRESS REGARDING MEDICAID EXPANSION.

    (a) Findings.--The Congress finds that--
            (1) impoverished people are unable to purchase insurance in 
        the private market because of soaring costs;
            (2) over one-half of poor and homeless Americans and two-
        thirds of homeless adults unaccompanied by children have no 
        health insurance at all, primarily because they do not qualify 
        for public health insurance and because they cannot afford 
        private health insurance;
            (3) only 30 percent of surveyed homeless persons nationwide 
        and 20 percent of clients receiving services through the Health 
        Care for the Homeless Program are beneficiaries of the Medicaid 
        program or the State Children's Health Insurance Program under 
        title XXI of the Social Security Act (SCHIP);
            (4) in all but nine states the Medicaid and SCHIP programs 
        currently exclude single non-disabled adults;
            (5) safety-net health care providers are often unable to 
        obtain access to specialty care and medications for patients 
        who are uninsured;
            (6) research has shown that people with health insurance 
        have better access to health care than do those receiving 
        safety net services alone; and
            (7) Medicaid helps prevent and end homelessness by 
        increasing the access of impoverished people to comprehensive 
        health care.
    (b) Sense of Congress.--It is the sense of the Congress that 
legislation should be enacted--
            (1) to expand Medicaid to all individuals with incomes 
        below 200 percent of the Federal poverty line;
            (2) to ensure that Medicaid services remain affordable for 
        beneficiaries by eliminating cost sharing for beneficiaries 
        with incomes below the Federal poverty line; and
            (3) to mandate expedited enrollment for Medicaid applicants 
        experiencing homelessness.

SEC. 603. AUTHORIZATIONS OF APPROPRIATIONS FOR CERTAIN PROGRAMS.

    (a) Community Mental Health Services Block Grant.--Section 1920(a) 
of the Public Health Service Act (42 U.S.C. 300x-9(a)) is amended by 
striking ``there are authorized'' and all that follows and inserting 
the following: ``there are authorized to be appropriated $500,000,000 
for fiscal year 2003, and such sums as may be necessary for each of the 
fiscal years 2004 through 2007.''.
    (b) Substance Abuse Prevention and Treatment Block Grant.--Section 
1935(a) of the Public Health Service Act (42 U.S.C. 300x-35(a)) is 
amended by striking ``there are authorized'' and all that follows and 
inserting the following: ``there are authorized to be appropriated 
$2,500,000,000 for fiscal year 2003, and such sums as may be necessary 
for each of the fiscal years 2004 through 2007.''.
    (c) Projects for Assistance in Transition from Homelessness 
(PATH).--Section 535(a) of the Public Health Service Act (42 U.S.C. 
290cc-35(a)) is amended by striking ``there is authorized'' and all 
that follows and inserting the following: ``there are authorized to be 
appropriated $100,000,000 for fiscal year 2003, and such sums as may be 
necessary for each of the fiscal years 2004 through 2007.''.
    (d) Grants for the Benefit of Homeless Individuals (GBHI).--Section 
506(e) of the Public Health Service Act (42 U.S.C. 290aa-5(e)) is 
amended by striking ``There is authorized'' and all that follows and 
inserting the following: ``For the purpose of carrying out this 
section, there are authorized to be appropriated $100,000,000 for 
fiscal year 2003, and such sums as may be necessary for each of the 
fiscal years 2004 through 2007.''.

 Subtitle B--Substance Abuse and Mental Health Services Administration

    PART 1--MAINSTREAM ADDICTION AND MENTAL HEALTH SERVICES PROGRAMS

                     Subpart A--Discharge Planning

SEC. 611. AVERTING PATIENT DISCHARGE INTO HOMELESSNESS.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following section:

``SEC. 544. DISCHARGE PLANNING IN PRIVATE AND PUBLIC HOSPITALS AND 
              INPATIENT FACILITIES.

    ``Any private or public hospital, nursing home, subacute and 
transitional care, hospice, residential treatment, rehabilitation, or 
other inpatient facility which receives support in any form from any 
State or program supported in whole or in part by funds appropriated to 
any Federal department or agency pursuant to this title XIX shall have 
established a system designed to ensure that individuals in such 
facilities are referred to the most medically appropriate level of care 
and discharged from such facilities in such a manner that ensures that 
such individuals are placed in stable and appropriate housing, as soon 
as such referral is medically indicated.''.

              Subpart B--Provision of Appropriate Services

SEC. 616. APPLICATION OF KNOWLEDGE DEVELOPMENT FINDINGS TO SERVICE 
              DELIVERY.

    (a) State Plan for Comprehensive Community Health Services for 
Certain Individuals.--Section 1912(b) of the Public Health Service Act 
is amended by inserting after paragraph (5) the following:
            ``(7) Replication of successful models.--The plan describes 
        the manner in which resources will be allocated to entities 
        that agree to replicate successful models of prevention, early 
        intervention, and treatment, and rehabilitation as identified 
        by the Administrator.''.
    (b) Application for Grant; Approval of State Plan.--Section 1932(b) 
of the Public Health Service Act (42 U.S.C. 300x-32(b)), as amended by 
section 632(2) of this Act, is amended by adding at the end the 
following paragraph:
            ``(5) Replication of successful models.--The plan submitted 
        under subsection (a)(6) shall describe the manner in which 
        resources will be allocated to entities that agree to replicate 
        successful models of prevention, early intervention, and 
        treatment, and rehabilitation as identified by the 
        Administrator.''.

     Subpart C--Grantee Planning, Reporting, and Capacity-Building

SEC. 621. EXPANSION OF PARTICIPATION IN GRANTEE PLANNING.

    Subpart II of part B of title XIX of the Public Health Service Act 
(42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1927 
the following section:

``SEC. 1927B. STATE SUBSTANCE ABUSE PLANNING COUNCIL.

    ``(a) In General.--A funding agreement for a grant under section 
1921 is that the State involved will establish and maintain a State 
substance abuse planning council in accordance with the conditions 
described in this section.
    ``(b) Duties.--A condition under subsection (a) for a Council is 
that the duties of the Council are--
            ``(1) to review plans submitted under section 1932 and to 
        submit to the State any recommendations of the Council for 
        modifications to the plans;
            ``(2) to serve as an advocate for individuals with 
        substance abuse disorders;
            ``(3) to monitor, review, and evaluate, not less than once 
        each year, the allocation of funds for, and adequacy of, 
        substance abuse service within the State.
    ``(c) Membership.--
            ``(1) In general.--A condition under subsection (a) for a 
        Council is that the Council be composed of residents of the 
        State, including representatives of--
                    ``(A) the principal State agencies with respect 
                to--
                            ``(i) substance abuse, mental health, 
                        primary health, HIV/AIDS, education, vocational 
                        rehabilitation, criminal justice, housing, 
                        youth services, and social services; and
                            ``(ii) the development of the plan 
                        submitted pursuant to title XIX of the Social 
                        Security Act;
                    ``(B) public, private, and nonprofit entities 
                concerned with the need, planning, operation, funding, 
                and use of substance abuse services and related support 
                service, including those concerned with homeless 
                individuals;
                    ``(C) individuals who are receiving substance abuse 
                services; and
                    ``(D) the families of such individuals.
            ``(2) Certain requirements.--A condition under subsection 
        (a) for a Council is that not less than 40 percent of the 
        members of the Council are individuals who are not State 
        employees or providers of substance abuse services.
    ``(d) Definition.--For purposes of this section, the term `Council' 
means a State substance abuse planning council.
    ``(e) Additional Provision.--The Secretary may make a grant under 
Section 1921 to a State only if--
            ``(1) the plan submitted under section 1932 with respect to 
        the grant and the report of the State under section 1942(a) 
        concerning the preceding fiscal year has been reviewed by the 
        State substance abuse planning council established under this 
        section; and
            ``(2) the State submits to the Secretary any 
        recommendations received by the State from such council for 
        modifications to the plan (without regard to whether the State 
        has made the recommended modifications) and any comments 
        concerning the annual report.''.

SEC. 622. DOCUMENTATION OF NEEDS OF AND ESTABLISHING PRIORITIES FOR 
              HOMELESS POPULATION.

    Section 1932(b) of the Public Health Service Act (42 U.S.C. 300x-
32(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--A plan submitted by a State under 
        subsection (a)(6) is in accordance with this subsection if--
                    ``(A) the plan contains detailed provisions for 
                complying with each funding agreement for a grant under 
                section 1921 that is applicable to the State, including 
                a description of the manner in which the State intends 
                to expend the grant; and
                    ``(B) the plan meets the criteria specified in 
                subsection (b)(4).''; and
            (2) by adding at the end the following paragraph:
            ``(4) Criteria for plan.--With respect to the provision of 
        services under Section 1921, the criteria referred to in 
        subsection (b)(1) are as follows:
                    ``(A) Comprehensive community-based substance abuse 
                prevention and treatment systems.--The plan provides 
                for a coordinated community-based system of care for 
                individuals with substance abuse or at-risk of 
                substance abuse and describes available services and 
                resources in a comprehensive system of care, including 
services for dually-diagnosed individuals. The description of the 
system of care shall include substance abuse prevention services, 
substance abuse treatment services, primary health services, mental 
health services, rehabilitation services, employment services, housing 
services, educational services, medical and dental care, and other 
support services to be provided to individuals with Federal, State, and 
local public and private resources. The plan shall include a separate 
description of case management services and provide for activities 
leading to reduction in need for hospitalization.
                    ``(B) Substance abuse prevention and treatment 
                system data and epidemiology.--The plan contains an 
                estimate of the incidence and prevalence in the State 
                of substance abuse among adults and children, including 
                individuals who are homeless, and presents quantitative 
                targets to be achieved in the implementation of the 
                system described in subparagraph (B).
                    ``(C) Targeted services to rural and homeless 
                populations.--The plan describes the State's outreach 
                to and services for individuals who are homeless and 
                how community-based services will be provided to 
                individuals residing in rural areas, including 
                individuals who are homeless.
                    ``(D) Management systems.--The plan describes the 
                financial resources, staffing, and training for 
                substance abuse prevention and treatment providers that 
                is necessary to implement the plan, and provides for 
                the training of providers of emergency health services 
                regarding substance abuse. The plan further describes 
                the manner in which the State intends to expend the 
                grant under Section 1921 for the fiscal year 
                involved.''.

Subpart D--Designation of Persons Experiencing Homelessness as Priority 
                               Population

SEC. 626. REQUIRING GRANTEES TO DIRECT FUNDS TO PERSONS EXPERIENCING 
              HOMELESSNESS.

    (a) Treatment Services Regarding Substance Abuse.--Subpart II of 
part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 
et seq.), as amended by section 621 of this Act, is further amended by 
inserting before section 1927B the following section:

``SEC. 1927A. TREATMENT SERVICES FOR PERSONS EXPERIENCING HOMELESSNESS.

    ``(a) In General.--A funding agreement for a grant under section 
1921 is that the State involved--
            ``(1) will ensure that each person experiencing 
        homelessness in the State who seeks or is referred for and 
        would benefit from such services is given preference in 
        admission to treatment facilities receiving funds pursuant to 
        the grant; and
            ``(2) will, in carrying out paragraph (1), publicize to 
        persons experiencing homelessness the availability of services 
        from the facilities and the fact that the persons receive such 
        preferences.
    ``(b) Referrals Regarding States.--A funding agreement for a grant 
under section 1921 is that, in carrying out subsection (a)(1)--
            ``(1) the State involved will require, that in the event 
        that a treatment facility has insufficient capacity to provide 
        treatment services to any person experiencing homelessness 
        described in such subsection who seeks the services from the 
        facility, the facility refer the person to the State; and
            ``(2) the State, in the case of each person experiencing 
        homelessness for whom a referral under paragraph (1) is made to 
        the State--
                    ``(A) will refer the person to a treatment facility 
                that has the capacity to provide treatment services to 
                the person; or
                    ``(B) will, if no treatment facility has the 
                capacity to admit the person, make interim services 
                available to the person at the time the person seeks 
                the treatment services.''.
    (b) Preference Regarding Mental Health Services.--Section 1912(b) 
of the Public Health Service Act (42 U.S.C. 300x-2(b)), as amended by 
section 616(a) of this Act, is further amended by inserting after 
paragraph (5) the following:
            ``(6) Homeless individuals.--The plan provides that 
        homeless individuals are to receive preference in the provision 
        of services provided under grants under section 1911.''.

SEC. 627. PRIORITIZATION OF SERVICES FOR RUNAWAY, HOMELESS, AND STREET 
              YOUTH.

    Section 517(b) of the Public Health Service Act (42 U.S.C. 290bb-
23(b)) is amended--
            (1) in paragraph (1), by inserting ``runaway, homeless, and 
        street children and youth,'' after ``adolescent parents,''; and
            (2) in paragraph (2), by inserting ``homelessness,'' after 
        ``suicide,''.

SEC. 628. DEFINITION OF RUNAWAY, HOMELESS, AND STREET YOUTH AS HIGH 
              RISK.

    Section 517(g) of the Public Health Service Act (42 U.S.C. 290bb-
23(g)) is amended--
            (1) in paragraph (9), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (10), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following paragraph:
            ``(11) ``is a runaway, homeless, or street youth.''.

                 Subpart E--Federal Program Management

SEC. 631. ESTABLISHMENT OF FEDERAL PLAN ON ADDICTION, MENTAL ILLNESS, 
              AND HOMELESSNESS.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.), as amended by section 611 of this Act, is further amended by 
adding at the end the following section:

``SEC. 545. FEDERAL PLAN ON ADDICTION, MENTAL ILLNESS, AND 
              HOMELESSNESS.

    ``(a) Plan Elements.--Within one year after the date of the 
enactment of this section, the Secretary shall prepare and submit to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Health, Education, Labor, and Pensions of the 
Senate a plan that describes--
            ``(1) current federal, state, and local public policies and 
        practices regarding homelessness and addiction and mental 
        illness prevention, early intervention, treatment, and 
        rehabilitation;
            ``(2) identifies administrative and statutory access and 
        care barriers and opportunities for persons experiencing 
        homelessness with addictive and mental disorders; and
            ``(3) recommends administrative and legislative actions 
        that would increase homeless persons' access to addiction and 
        mental health services and improves the appropriateness and 
        quality of care they receive through such systems and programs.
    ``(b) Plan Sub-Elements.--The plan should describe the elements as 
provided in subsection (a) for the following topics:
            ``(1) Grantee planning, reporting, and capacity-building.
            ``(2) Consumer involvement.
            ``(3) Designation of priority populations.
            ``(4) Outreach and enrollment.
            ``(5) Participant tracking.
            ``(6) Elimination of regulatory and administrative 
        impediments.
            ``(7) Provision of appropriate services.
            ``(8) Discharge planning.
            ``(9) Outcome measurement.
    ``(c) Consultation.--In establishing the plan required under 
subsection (a), the Secretary shall consult with homeless children, 
youth, families, and individuals with addictive and mental disorders, 
nonprofit organizations advocating for persons experiencing 
homelessness, homeless health, housing, and support service providers, 
and public agency representatives.
    ``(d) Plan Implementation.--Within one year after the date of 
enactment of this section, the Secretary shall implement administrative 
recommendations identified in subsection (a)(3).''.

PART 2--TARGETED HOMELESS ADDICTION AND MENTAL HEALTH SERVICES PROGRAMS

   Subpart A--Reauthorize, Rename, and Strengthen the Grants for the 
                Benefit of Homeless Individuals Program

SEC. 641. TREATMENT AND RECOVERY INITIATIVE FOR PERSONS EXPERIENCING 
              HOMELESSNESS.

    Section 506 of the Public Health Service Act (42 U.S.C. 290aa-5) is 
amended by striking the section designation and heading and all that 
follows through subsection (c) and inserting the following:

``SEC. 506. GRANTS FOR TREATMENT AND RECOVERY INITIATIVE FOR PERSONS 
              EXPERIENCING HOMELESSNESS.

    ``(a) In General.--The Secretary, acting through the Administrator 
and the Administrator of the Health Resources and Services 
Administration, shall make grants to, and enter into contracts and 
cooperative agreements with, community based public and private 
nonprofit entities for the purpose of developing and expanding the 
services specified in section 552(b) for homeless individuals and 
families who (1)(A) are suffering from substance abuse; (B) are 
suffering from mental illness; or (C) are suffering from substance 
abuse and from mental illness; and (2) are homeless or at imminent risk 
of becoming homeless. In carrying out this subsection, the 
administrator shall consult with the Directors of the national research 
institutes of the National Institutes of Health, the Assistant 
Secretary of the Administration, the Administrator of the Social 
Security Administration, the Secretary of Agriculture, the Secretary of 
Education, the Secretary of Housing and Urban Development, the 
Secretary of Labor, the Secretary of Transportation, and the Secretary 
of Veterans Affairs.
    ``(b) Preference.--In awarding grants under subsection (a), the 
Secretary shall give preference to--
            ``(1) entities that provide integrated primary health care, 
        substance abuse and mental health services to homeless 
        individuals, including health centers receiving grants under 
        section 330(h);
            ``(2) entities that demonstrate experience in providing 
        substance abuse and mental health service to homeless persons; 
        and
            ``(3) entities that demonstrate experience in providing 
        supportive housing or permanent housing to persons experiencing 
        homelessness in treatment for or in recovery from substance 
        abuse or mental illness.
    ``(c) Services for Individuals.--In making awards under subsection 
(a), the Secretary may not--
            ``(1) prohibit the provision of services under such 
        subsection to individuals experiencing homelessness who are 
        suffering from substance abuse and are not suffering from 
        mental illness;
            ``(2) make payments under subsection (a) to any entity that 
        has a policy of (A) excluding individuals from mental health 
        services due to the existence of suspicion of substance abuse; 
        or (B) has a policy of excluding individuals from substance 
        abuse services due to the existence or suspicion of mental 
        illness.''.

 Subpart B--Reauthorize and Strengthen the Projects for Assistance in 
              Transition from Homelessness (PATH) Program

SEC. 651. EXPANSION OF REQUIRED SCOPE OF SERVICES OF PATH PROVIDERS.

    Section 522(b) of the Public Health Service Act (42 U.S.C. 290cc-
22(b)) is amended--
            (1) by striking paragraphs (4) and (5) and inserting the 
        following:
            ``(4) community mental health treatment and support 
        services;
            ``(5) alcohol or drug treatment and support services;'';
            (2) in paragraph (7), by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) preparing a plan for the provision of 
                community mental health services or substance abuse 
                services to the eligible homeless individual involved, 
                and reviewing such plan not less than once every three 
                months to evaluate its effectiveness in assuring long-
                term stability;
                    ``(B) providing assistance in obtaining and 
                coordinating social and maintenance services for the 
                eligible homeless individuals, including services 
                relating to daily living activities, personal financial 
                planning, transportation services, habilitation and 
                rehabilitation services, prevocational and vocational 
                services, and housing services;
                    ``(C) providing assistance to the eligible homeless 
                individual in obtaining income and medical support 
                services, including housing assistance, food stamps, 
                supplemental security income, Medicaid, Medicare, and 
                veterans affairs assistance, and employment and 
                training programs;
                    ``(D) referring the eligible homeless individual 
                for such other services as may be appropriate and 
                assuring that the service is delivered in a timely 
                manner for as long as needed to assure long-term 
                stability; and''; and
            (3) in paragraph (10), by striking subparagraph (B) and 
        inserting the following:
            ``(B) planning of housing needs at different stages of 
        recovery and stability;''.

SEC. 652. ENCOURAGEMENT OF STATES TO UTILIZE HEALTH CARE FOR THE 
              HOMELESS PROJECTS AS PATH PROVIDERS.

    Section 522(a) of the Public Health Service Act (42 U.S.C. 290cc-
22(a)) is amended in the matter preceding paragraph (1) by inserting 
after ``veterans organizations'' the following: ``, health centers with 
active grants under section 330(h),''.

SEC. 653. STATE DESCRIPTIONS OF RESOURCE ALLOCATION PROCESS.

    Section 527(a) of the Public Health Service Act (42 U.S.C. 290cc-
27(a)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following 
        paragraph:
            ``(3) such description identifies the process the State 
        intends to use to allocate funds to political subdivisions of 
        the State and to nonprofit private entities pursuant to section 
        522;''.

SEC. 654. FEDERAL REPORT ON PATH AND HOMELESS GRANT PROGRAMS.

    Part C of title V of the Public Health Service Act (42 U.S.C. 
290cc-21 et seq.) is amended by inserting after section 533 the 
following section:

``SEC. 533A. ANNUAL REPORT.

    ``Not later than October 1 of each year, the Secretary shall 
prepare and deliver a report to the Committee on Health, Education, 
Labor and Pensions of the Senate and the Committee on Energy and 
Commerce of the House of Representatives regarding the programs under 
this part, including--
            ``(1) a comprehensive description of the programs;
            ``(2) a record and a description of the services for which 
        amounts received under section 521 and section 506 were 
        expended during the preceding fiscal year;
            ``(3) a record and description of the recipients of amounts 
        received under section 521 and section 506 were expended during 
        the preceding fiscal year;
            ``(4) a record and description of the consistency and 
        coordination of programs and services for which amounts 
        received under section 521 and section 506 were expended during 
        the preceding fiscal year with applications submitted to the 
        Department of Housing and Urban Development pursuant to 
        subtitle C of title IV of the Stewart B. McKinney Homeless 
        Assistance Act;
            ``(5) a record and description of the coordination of 
        programs and services for which amounts received under section 
        521 and section 506 were expended during the preceding fiscal 
        year with mental health, substance abuse, housing, health, and 
        other social service programs funded through federal block 
        grant, formula grant, competitive grant, and other mechanisms; 
        and
            ``(6) such other information as the Secretary deems 
        useful.''.

SEC. 655. CLARIFICATION OF TARGET POPULATIONS PROVISION OF PATH 
              STATUTE.

    The Congress encourages the Secretary of Health and Human Services 
to provide guidance to the States regarding an appropriate definition 
of populations eligible for services provided with grants under part C 
of title V of the Public Health Service Act. In doing so, the Secretary 
should suggest that the States make such services available to homeless 
persons or persons at imminent risk of homelessness with serious and 
persistent mental impairments as evidenced by a chronicity of symptoms 
and inability to function in the community independently.

    Subtitle C--Amendments Regarding Ryan White Comprehensive AIDS 
                    Resources Emergency Act of 1990

                       PART 1--DISCHARGE PLANNING

SEC. 661. AVERTING RWCA PATIENT DISCHARGE INTO HOMELESSNESS.

    Section 2604 of the Public Health Service Act (42 U.S.C. 300ff-14) 
is amended--
            (1) in subsection (b)(1)(C), by inserting ``and in such a 
        manner as ensures patient placement in stable and appropriate 
        housing,'' after ``as medically appropriate,''; and
            (2) in subsection (d)(1)(D), by inserting ``, and 
        discharged from inpatient facilities in such a manner as 
        ensures that such individuals and families are placed in stable 
        and appropriate housing,'' after ``appropriate level of care''.

               PART 2--PROVISION OF APPROPRIATE SERVICES

SEC. 666. AMPLIFICATION OF SCOPE OF RWCA SERVICES.

    (a) Emergency Relief Grants.--Subparagraph (A) of section 
2604(b)(1) of the Public Health Services Act (42 U.S.C. 300ff-14(b)(1)) 
is amended to read as follows:
                    ``(A) Outpatient and ambulatory health services, 
                including outreach, diagnosis, monitoring, medical 
                services, nursing, substance abuse treatment, mental 
                health treatment, specialty services, dental services, 
                nutrition services, medical follow-up, attendant care, 
                home health services, respite care, recuperative 
                services, hospice services, developmental services, 
                rehabilitation services, social services, maintenance 
                services, public benefit assistance, housing 
                assistance, educational assistance, employment 
                assistance, vocational assistance, transportation 
                assistance, supportive and supervisory services in a 
                residential setting, and comprehensive treatment 
                services, which shall include treatment education and 
                prophylactic treatment for opportunistic infections, 
                for individuals and families with HIV disease.''.
    (b) Grants To Establish HIV Care Consortia.--Paragraph (2) of 
section 2613(a) of the Public Health Service Act (42 U.S.C. 300ff-23) 
is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) essential health services such as case 
                management, outreach, medical services, nursing, 
                substance abuse treatment, mental health treatment, 
                specialty services, dental services, nutrition 
                services, diagnostic services, monitoring, prophylactic 
                treatment for opportunistic infections, treatment 
                education to take place in the context of health care 
                delivery, medical follow-up, developmental, 
                rehabilitation, home health, recuperative, and hospice 
                care; and''; and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) essential support services such as case 
                management, transportation, attendant care, homemaker, 
                day or respite care, public benefits assistance, 
                advocacy services provided through public and nonprofit 
                private entities, and services that are complementary 
                to the provision of health care services for 
                individuals with HIV disease including social, 
                maintenance, educational, employment, vocational, 
                supportive, and supervisory services in a residential 
                setting, nutrition, housing, and child welfare and 
                family services (including foster care and adoption 
                services).''.

SEC. 667. APPLICATION OF KNOWLEDGE DEVELOPMENT FINDINGS TO SERVICE 
              DELIVERY.

    (a) Emergency Relief Grants.--Paragraph (1) of section 2603(b) of 
the Public Health Service Act (42 U.S.C. 300ff-13) is amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) demonstrates that resources will be allocated 
                to entities that agree to replicate successful models 
                of care identified by the Secretary under Section 
                2691(g).''.
    (b) Care Grants.--Section 2611 of the Public Health Service Act (42 
U.S.C. 300ff-14) is amended by adding at the end the following:
    ``(c) Priority.--In providing assistance under paragraphs (1), (2), 
and (3) of section 2612, a State shall give priority to entities that 
agree to replicate successful models of care identified by the 
Secretary under Section 2691(g).''.

       PART 3--GRANTEE PLANNING, REPORTING, AND CAPACITY BUILDING

SEC. 671. EXPANSION OF PARTICIPATION IN GRANTEE AND CONTRACTOR 
              PLANNING.

    (a) Representation on HIV Health Services Planning Councils.--
Paragraph (2) of section 2602(b) of the Public Health Service Act (42 
U.S.C. 300ff-12(b)) is amended--
            (1) in subparagraph (E), by inserting ``, housing, 
        education, employment, rehabilitation, human services, and 
        corrections'' after ``local public health'';
            (2) in subparagraph (G), by inserting ``disproportionately 
        affected and'' before ``historically underserved'';
            (3) in subparagraph (I), by inserting ``, the State housing 
        agency, the State mental health agency, the State substance 
        abuse agency, the State educational agency, the State 
        employment agency, the State rehabilitation agency, the State 
        human services agency, the State corrections agency,'' before 
        ``and the agency administering the program under part B'';
            (4) in subparagraph (L), by striking ``and'' at the end;
            (5) in subparagraph (M), by striking the period at the end 
        and inserting ``; and''; and
            (6) by adding at the end the following:
                    ``(N) grantees under Federal housing, homeless 
                assistance, mental health, substance abuse, education, 
                employment, rehabilitation, social services, youth 
                services, and corrections programs; and
                    ``(O) pharmaceutical manufacturers and 
                retailers.''.
    (b) Meetings Convened by State.--Paragraph (5) of section 2617(b) 
of the Public Health Service Act (42 U.S.C. 200ff-27) is amended--
            (1) by striking ``a meeting of individuals with HIV 
        disease, representatives of grantees under each part under this 
        title, providers, and public agency representatives''; and
            (2) by striking ``; and'' and inserting ``a meeting of 
        representatives of--
                    ``(A) health care providers, including federally 
                qualified health centers;
                    ``(B) community-based organizations serving 
                affecting populations and AIDS service organizations;
                    ``(C) social service and housing providers;
                    ``(D) mental health and substance abuse providers;
                    ``(E) local public health, mental health, substance 
                abuse, housing, education, employment, rehabilitation, 
                human services, and corrections agencies;
                    ``(F) hospital planning agencies or health care 
                planning agencies;
                    ``(G) affected communities, including people with 
                HIV disease or AIDS and disproportionately affected and 
                historically underserved groups and subpopulations;
                    ``(H) non-elected community leaders;
                    ``(I) State government (including the State 
                Medicaid agency, State housing agency, State mental 
                health agency, State substance abuse agency, State 
                education agency, State employment agency, State 
                rehabilitation agency, State human services agency, and 
                State corrections agency);
                    ``(J) grantees under each part of this title;
                    ``(K) grantees under other Federal HIV programs; 
                and
                    ``(L) grantees under Federal housing, homeless 
                assistance mental health, substance abuse, education 
                employment, rehabilitation, social services, youth 
                services, and corrections programs; and
                    ``(M) pharmaceutical manufacturers and retailers; 
                and''.

SEC. 672. DEVELOPMENT OF KNOWLEDGE TO STRENGTHEN PROVIDERS' CAPACITY TO 
              OFFER HOMELESS-COMPETENT SERVICES.

    Subsection (e) of section 2691 of the Public Health Service Act (42 
U.S.C. 300ff-101) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) programs designed to integrate the delivery of HIV 
        services with other health, housing, educational, employment, 
        social, and maintenance services in residential settings.''.

     PART 4--DESIGNATION OF HOMELESS PERSONS AS PRIORITY POPULATION

SEC. 676. PRIORITY FOR PERSONS EXPERIENCING HOMELESSNESS.

    (a) Emergency Relief Grants.--Subsection (b) of section 2604 of the 
Public Health Service Act (42 U.S.C. 300ff-14) is amended by adding at 
the end the following:
            ``(5) Priority for persons experiencing homelessness.--For 
        the purpose of providing health and support services to 
        homeless individuals with HIV disease (including children, 
        youth, and families), the chief elected official of the 
        eligible area, in accordance with the established priorities of 
        the planning council, shall use, from amounts made available 
        for the area through grants under section 2601(a) for a fiscal 
        year, not less than 8.6 percent of such amounts.''.
    (b) Care Grants.--Section 2611 of the Public Health Service Act (42 
U.S.C. 300ff-21) is amended by adding at the end the following:
    ``(c) Priority for Persons Experiencing Homelessness.--For the 
purpose of providing health and support services to individuals 
experiencing homelessness with HIV disease (including children, youth, 
and families), a State shall use, of the funds allocated under this 
part to the State for a fiscal year, not less than 8.6 percent of such 
funds.''.

           PART 5--FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS

SEC. 681. FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS.

    (a) Plan.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Health and Human Services (in this section 
referred to as the ``Secretary'') shall prepare and submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the Senate a 
plan that with respect to each of the factors described in subsection 
(b)--
            (1) describes current Federal, State, and local public 
        policies and practices regarding homelessness and HIV 
        prevention, treatment, and care;
            (2) identifies administrative and statutory access and care 
        barriers and opportunities for homeless persons with HIV 
        disease; and
            (3) recommends administrative and legislative actions that 
        would increase the access of homeless persons to HIV health and 
        support services and improve the appropriateness and quality of 
        care homeless persons receive through such services.
    (b) Factors.--The factors described in this subsection are as 
follows:
            (1) Grantee planning, reporting, and capacity-building.
            (2) Consumer involvement.
            (3) Designation of priority populations.
            (4) Outreach and enrollment.
            (5) Participant tracking.
            (6) Elimination of regulatory and administrative 
        impediments.
            (7) Provision of appropriate services.
            (8) Discharge planning.
            (9) Outcome measurement.
    (c) Consultation.--In establishing the plan required under this 
section, the Secretary shall consult with homeless children, youth, 
families and individuals with HIV disease, nonprofit organizations 
advocating for homeless persons, homeless health, housing, and support 
service providers, and public agency representatives.
    (d) Plan Implementation.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall implement administrative 
recommendations identified in subsection (a)(3).

                      TITLE VII--ECONOMIC SECURITY

SEC. 701. SENSE OF CONGRESS REGARDING RIGHT TO A LIVING INCOME.

    (a) Findings.--The Congress finds that--
            (1) more than 25 percent of persons in working families in 
        the United States have incomes too low to meet their basic 
        needs;
            (2) the average income of a homeless family in the United 
        States is 46 percent of the Federal poverty line;
            (3) 42 percent of adults living in shelters are employed;
            (4) children in families with incomes above the Federal 
        poverty line are healthier;
            (5) children in families with incomes above the Federal 
        poverty line are more likely to graduate from high school and 
        to have higher incomes as adults;
            (6) higher rates of good health and education in children 
        will reduce long-term costs for the United States;
            (7) approximately 30,000,000 people in the United States 
        suffer from food insecurity due to a lack of income;
            (8) low-wage employment often leads to housing that is 
        unsafe, indecent, and unaffordable;
            (9) any person who works 40 hours a week or more should be 
        able to afford the basic necessities of life, including housing 
        that is decent and safe;
            (10) the levels of government benefits are not substantial 
        enough to provide for the basic necessities, such as housing, 
        health care, or childcare;
            (11) low-wage workers are at risk of becoming homeless;
            (12) supplementary Social Security income (SSI) benefits 
        are equal to only 18.5 percent of the average median income for 
        a single-person household;
            (13) the average SSI recipient has a monthly income of 
        $551; and
            (14) on average, a person receiving SSI benefits needs to 
        spend 98.2 percent of their benefit to afford a one-bedroom 
        apartment.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) every person who works 40 hours or more per week should 
        receive a wage sufficient to provide for safe, decent, and 
        affordable housing, which should be ensured through a living 
        wage that is indexed to the local cost of housing; and
            (2) every person who is unable to work or unable to obtain 
        work, and therefore receives public benefits, should be 
        afforded the same opportunity for safe, decent, and affordable 
        housing through a level of benefits that provides a livable 
        income.

SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS 
              REINTEGRATION PROGRAM.

    Section 2021(e)(1) of title 38, United States Code, is amended in 
subparagraphs (C), (D), and (E) by striking ``$50,000,000'' each place 
it appears and inserting ``$100,000,000''.

SEC. 703. AVAILABILITY OF FOOD STAMP BENEFITS TO INDIVIDUALS WHO ARE 
              HOMELESS.

    (a) Expedited Processing.--Section 11(e)(9) of the Food Stamp Act 
of 1977 (7 U.S.C. 2020(3)(9)) is amended--
            (1) in subparagraph (B) by striking ``and'' at the end;
            (2) in subparagraph (C) by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(D) provide coupons no later then 7 days after 
                the date of application to any household in which all 
                members are homeless individuals;''.
    (b) Exception to Work Requirement Disqualification.--Section 
6(o)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(3)) is 
amended--
            (1) in subparagraph (D) by striking ``or'' at the end;
            (2) in subparagraph (E) by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) experiencing homelessness.''.
    (c) Definition.--Section 3(c) of the Food Stamp Act of 1977 (7 
U.S.C. 2012(c)) is amended in the 2d sentence by inserting before the 
period at the end the following: ``, and the certification period shall 
be at least 12 months if all adult household members are receiving 
benefits under title II or XVI of the Social Security Act and the 
household as no other income''.
    (d) Collection of Data on Homeless Applicants.--The Food Stamp Act 
of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the 
following:

``SEC. 28. COLLECTION OF DATA ON HOMELESS HOUSEHOLDS.

    ``With respect to all applications made after January 1, 2004, by 
households to participate in the food stamp program and all households 
that receive food stamp benefits after such date, the Secretary shall 
collect data, through the application form and by other means, to 
determine whether the members of such households are homeless.''.

SEC. 704. AMENDMENTS TO WORKFORCE INVESTMENT ACT.

    (a) State Workforce Investment Boards.--Section 111(b)(1) of the 
Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'';
            (2) in subparagraph (C)(vii) by striking the period and 
        inserting ``; and''; and
            (3) by adding after subparagraph (C) the following:
                    ``(D) a representative from the State agency 
                distributing funding under part A of title IV of the 
                Social Security Act (42 U.S.C. 601 et seq.);
                    ``(E) a representative from the community board as 
                defined in section 401(3) of this Act;
                    ``(F) representatives of organizations who act as 
                advocates for persons experiencing homelessness or 
                organizations who provide assistance to persons 
                experiencing homelessness; and
                    ``(G) a person experiencing homelessness or has 
                experienced homelessness within 3 years before the date 
of their appointment to the board.''.
    (b) Local Workforce Investment Boards.--Section 117(b)(2)(A)) of 
the Workforce Investment Act (29 U.S.C. 2832(b)(2)(A)) is amended--
            (1) in clause (v) by striking ``and'';
            (2) in clause (vi) by striking the period and inserting ``; 
        and''; and
            (3) by adding after clause (vi) the following:
                            ``(vii) a representative from the local 
                        agency distributing funding under part A of 
                        title IV of the Social Security Act (42 U.S.C. 
                        601 et seq.);
                            ``(viii) a representative from the 
                        community board as defined in section 401(3) of 
                        this Act;
                            ``(ix) representatives of organizations who 
                        act as advocates for persons experiencing 
                        homelessness or organizations who provide 
                        assistance to persons experiencing 
                        homelessness; and
                            ``(x) a person experiencing homelessness or 
                        has experienced homelessness within 3 years 
                        before the date of their appointment to the 
                        board;''.

SEC. 705. HOMEBUILD PROGRAM FOR AFFORDABLE HOUSING CONSTRUCTION AND 
              APPRENTICESHIP.

    (a) In General.--Title IV of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12871 et seq.) is amended by adding 
at the end the following new subtitle:

``Subtitle E--Homebuild Program for Affordable Housing Construction and 
                             Apprenticeship

``SEC. 471. PURPOSE.

    ``It is the purpose of this subtitle to assist people who are 
experiencing homelessness and have experienced significant barriers to 
employment to obtain training necessary to obtain gainful employment as 
skilled or semi-skilled residential construction workers.

``SEC. 472. GRANT AUTHORITY.

    ``The Secretary may make grants in accordance with this subtitle to 
applicants selected under section 476 to carry out homebuild programs 
under section 473.

``SEC. 473. HOMEBUILD PROGRAMS.

    ``(a) In General.--For purposes of this subtitle, a homebuild 
program is a program that meets the following requirements:
            ``(1) Affordable housing.--The primary purpose of the 
        program is to develop, through construction, reconstruction, or 
        rehabilitation, affordable housing for low- and extremely low-
        income households.
            ``(2) Educational and counseling services.--The program 
        shall be subject to the same requirements regarding educational 
        services and activities that a Youthbuild program is subject to 
        under section 456(c).
            ``(3) Training and apprenticeship.--The program shall 
        provide participants with training or apprenticeship in 
        residential construction skills involved in the development of 
        the affordable housing.
            ``(4) Wages and benefits, labor standards, and 
        nondiscrimination.--Sections 142, 143 and 167 of the Job 
        Training Partnership Act (as in effect on the day before the 
        date of enactment of the Workforce Investment Act of 1998), 
        relating to wages and benefits, labor standards, and 
        nondiscrimination, shall apply to the program as if such 
        program was conducted under the Job Training Partnership Act 
        (as in effect on the day before the date of enactment of the 
        Workforce Investment Act of 1998). This paragraph may not be 
        construed to prevent a recipient of a grant under this subtitle 
        from using funds from non-Federal sources to increase wages and 
        benefits under such program, if appropriate.
            ``(5) Participants.--Participation in the program shall be 
        limited only to individuals who--
                    ``(A)(i) are homeless (as such term is defined in 
                section 103 of the McKinney-Vento Homeless Assistance 
                Act (42 U.S.C. 11302);
                    ``(ii) are residing in a homeless shelter, 
                transitional shelter, transitional housing facility, or 
                permanent supportive housing;
                    ``(iii) are eligible for and have placed their name 
                on the waiting list for public housing or rental 
                assistance under section 8 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f) and have not received 
                such housing or assistance; or
                    ``(iv) have been referred for participation in the 
                program by a social services program of a unit of 
                general local government;
                    ``(B) are 65 years of age or younger; and
                    ``(C) have completed, and have evidence of such 
                completion of, a job readiness or workforce training 
                program of a least 2 weeks duration that--
                            ``(i) is provided through the one-stop 
                        delivery system under the Workforce Investment 
                        Act of 1998; or
                            ``(ii) if a program described in clause (i) 
                        is not available to the individual--
                                    ``(I) is certified or provided 
                                through a public housing authority; or
                                    ``(II) is administered by a 
                                nonprofit organization providing 
                                housing for the homeless and is 
                                certified by a unit of general local 
                                government.
            ``(6) Limitation on participation.--
                    ``(A) In general.--The program shall limit 
                participation by any individual to the longer of--
                            ``(i) 2 years; and
                            ``(ii) such time as the participant has 
                        obtained the residential construction skills 
                        necessary to obtain employment in the private 
                        residential construction field.
                    ``(B) Exception.--The program may provide that a 
                participant may continue or return to work under the 
                program after completion of the program pursuant to the 
                limit under subparagraph (A), but only--
                            ``(i) pursuant to application by such 
                        participant for such continuance or return; and
                            ``(ii) if the program provides the full 
                        amount of such participant's wages, which shall 
                        be not less than the wages prevailing in the 
                        locality, as predetermined by the Secretary of 
                        Labor pursuant to subchapter IV of chapter 13 
                        of title 40, United States Code.
            ``(7) Administration.--The program shall be jointly 
        administered by--
                    ``(A) a labor organization, or an affiliate 
                thereof; and
                    ``(B) a public housing agency or nonprofit 
                organization involved in the development of affordable 
                housing.

``SEC. 474. USE OF GRANT AMOUNTS.

    ``(a) Eligible Uses.--Amounts received from a grant under this Act 
may be used for any costs involved in carrying out a Homebuild program, 
including any activities specified under subsection (b) of section 454 
(relating to Youthbuild program eligible activities), except that--
            ``(1) the limitations under paragraph (2) of such 
        subsection on the types of housing developed with grant amounts 
        shall not apply to grant amounts under this subtitle;
            ``(2) the limitation under paragraph (3) of such subsection 
        on administrative costs shall apply to grant amounts under this 
        subtitle; and
            ``(3) the limitation under paragraph (4)(E) of such 
        subsection on the duration of support services and stipends 
        shall not apply to grant amounts under this subtitle.
    ``(b) Affordable Housing Requirement.--Of any amounts received from 
a grant under this subtitle--
            ``(1) not less than 75 percent shall be used for costs 
        related to the development of housing that is affordable for 
        extremely low-income households; and
            ``(2) the remainder shall be used for costs related to the 
        development of housing that is affordable to low-income 
        households.

``SEC. 475. HOMEBUILD ADVISORY BOARD.

    ``(a) Eligibility Requirement.--For an eligible entity to be 
eligible for selection to receive a grant under this subtitle, the unit 
of general local government within which the eligible entity will carry 
out the homebuild program shall establish a homebuild advisory board to 
advise and report regarding activities and progress under homebuild 
programs carried out within the jurisdiction of such unit.
    ``(b) Meetings and Reports.--Each homebuild advisory board shall--
            ``(1) meet not less than 4 times annually; and
            ``(2) submit an annual report to the unit of general local 
        government, the applicable eligible entity, and the Secretary 
        regarding activities and progress under homebuild programs 
        carried out within the jurisdiction of such unit.
    ``(c) Membership.--Each homebuild advisory board for a unit of 
general local government shall consist of 15 members, who shall include 
individuals who are--
            ``(1) officials of the unit of general local government;
            ``(2) representatives of the faith community;
            ``(3) representatives of private entities engaged in 
        residential development;
            ``(4) representatives of private entities engaged in 
        residential construction;
            ``(5) officials or members of labor unions;
            ``(6) representatives of local social services agencies;
            ``(7) homeless individuals;
            ``(8) representatives of organizations involved in 
        providing affordable housing and assistance for homeless 
        individuals; and
            ``(9) representatives of academic institutions.

``SEC. 476. APPLICATIONS AND SELECTION FOR GRANTS.

    ``(a) In General.--To be eligible for selection to receive a grant 
under this subtitle, an eligible entity shall submit to the Secretary 
an application containing--
            ``(1) a description of the educational and job training 
        activities, work opportunities, and other services that will be 
        provided to participants in the homebuild program;
            ``(2) a description of the proposed construction or 
        rehabilitation activities to be undertaken and the anticipated 
        schedule for carrying out such activities;
            ``(3) a description of the manner in which eligible 
        participants will be recruited and selected;
            ``(4) a description of how the proposed project will be 
        coordinated with other Federal, State, and local activities, 
        including vocational and job training programs;
            ``(5) assurances that there will be a sufficient number of 
        adequately trained supervisory personnel on the project;
            ``(6) a detailed budget and description of the system of 
        fiscal controls and auditing and accountability procedures that 
        will be used to ensure fiscal soundness;
            ``(7) a description of the membership of the advisory 
        board; and
            ``(8) a description of the capacity of the community to 
        leverage funding from other private and public sources.
    ``(b) Selection Criteria.--The Secretary shall select applicants to 
receive grants under this subtitle based upon selection criteria, which 
the Secretary shall establish and which shall include the following 
criteria:
            ``(1) Potential for success.--The extent to which the 
        application is likely to succeed, as indicated by such factors 
        as the past experience of an applicant with housing 
        rehabilitation or construction, education and employment 
        training programs, management capacity, fiscal reliability, and 
        community support.
            ``(2) Need.--To extent to which the applicant has need for 
        assistance, as determined by factors such as--
                    ``(A) the degree of economic distress of the 
                community from which participants would be recruited, 
                including--
                            ``(i) the extent of poverty;
                            ``(ii) the extent of unemployment; and
                    ``(B) the degree of economic distress of the 
                locality in which the housing would be rehabilitated or 
                constructed, including--
                            ``(i) objective measures of the incidence 
                        of homelessness;
                            ``(ii) the relationship between the supply 
                        of affordable housing for low-income persons 
                        and the number of such persons in the locality;
                            ``(iii) the extent of housing overcrowding; 
                        and
                            ``(iv) the extent of poverty.
            ``(3) Other.--Any other criteria the Secretary determines 
        to be reasonably appropriate.

``SEC. 477. DEFINITIONS.

    ``For purposes of this subtitle, the following definitions shall 
apply:
            ``(1) Applicant.--The term `applicant' means an eligible 
        entity that has submitted an application under section 476 that 
        the Secretary determines complies with the requirements under 
        this subtitle.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a public housing agency;
                    ``(B) a labor union; or
                    ``(C) a nonprofit organization that is involved in 
                the development of affordable housing
            ``(3) Extremely low-income household.--The term `extremely 
        low-income household' means a household, including an 
        individual or family, that has an income that does not exceed 
        30 percent of the median family income for the area, as 
        determined by the Secretary with adjustments for smaller and 
        larger families, except that the Secretary may establish income 
        ceilings higher or lower than 30 percent of the median for the 
        area on the basis of the Secretary's findings that such 
        variations are necessary because of prevailing levels of 
        construction costs or fair market rents, or unusually high or 
        low household incomes.
            ``(4) Labor union.--The term `labor union' has the meaning 
        given the term `labor organization' in section 2 of the 
        National Labor Relations Act (29 U.S.C. 152).
            ``(5) Low-income household.--The term `low-income 
        household' means a household, including an individual or 
        family, that has an income that does not exceed 80 percent of 
        the median family income for the area, as determined by the 
        Secretary with adjustments for smaller and larger families, 
        except that the Secretary may establish income ceilings higher 
        or lower than 80 percent of the median for the area on the 
        basis of the Secretary's findings that such variations are 
        necessary because of prevailing levels of construction costs or 
        fair market rents, or unusually high or low household incomes.
            ``(6) Secretary.--The term `Secertary' means the Secretary 
        of Housing and Urban Development.

``SEC. 478. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated for grants under this 
subtitle $65,000,000 for fiscal year 2004 and such sums as may be 
necessary for each of fiscal years 2005, 2006, 2007, and 2008.

``SEC. 479. REGULATIONS.

    ``The Secretary shall issue any regulations necessary to carry out 
this subtitle.''.

SEC. 706. DEPARTMENT OF LABOR APPRENTICESHIP PROGRAM FOR WORKING PEOPLE 
              EXPERIENCING HOMELESSNESS.

    (a) Grant Authority.--The Secretary of Labor may make grants in 
accordance with this section to applicants selected pursuant to 
subsection (g) to carry out apprenticeship programs that meet the 
requirements of this section.
    (b) Apprenticeship Program Defined.--For purposes of this section, 
an apprenticeship program is a program--
            (1) whose primary purpose is to assist people who are 
        experiencing homelessness by providing instruction in a skilled 
        trade in a job apprenticeship program; and
            (2) that provides a stipend to any person who are working 
        and without housing until the such person is employed by the 
        private sector.
    (c) Participation.--
            (1) In general.--Participation in the program shall be 
        limited to individuals who--
                    (A) are homeless (as such term is defined in 
                section 103 of the McKinney-Vento Homeless Assistance 
                Act (42 U.S.C. 11302));
                    (B) are eligible for or have placed their name on a 
                waiting list for public housing or rental assistance 
                under section 8 of the United States Housing Act of 
                1937 (42 U.S.C. 1437f) and have not received such 
                housing or assistance; or
                    (C) have been referred for participation in the 
                program by a social services program of a unit of local 
                government;
            (2) Limitation on participation.--
                    (A) In general.--The program shall limit 
                participation by any individual to the longer of--
                            (i) 12 months; or
                            (ii) such time as the participant has 
                        obtained the necessary skills to obtain 
                        employment in the relevant field.
                    (B) Exception.--The program may provide that a 
                participant may continue or return to work under the 
                program after completion of the program pursuant to 12 
                month limit, but only--
                            (i) pursuant to an application by such 
                        participant for such continuance or return; and
                            (ii) if the program provides the full 
                        amount of such participant's wages, which shall 
                        not be less than the wages prevailing in the 
                        locality, as predetermined by the Secretary of 
                        Labor pursuant to subchapter IV of chapter 13 
                        of title 40, United States Code.
    (d) Administration.--The program shall be jointly administered by--
            (1) the Secretary of Labor, through State and local 
        workforce investment systems (established under the Workforce 
        Investment Act (29 U.S.C. 2801 et seq.);
            (2) a labor organization, or an affiliate thereof;
            (3) a public housing agency; and
            (4) a non-profit organization.
    (e) Use of Grant Amount.--
            (1) Eligibility requirements.--A unit of local government 
        will pay 50 percent of the salary of all program participants 
        who are apprenticing in the private or public sector for at 
        least 6 months, but no longer than 1 year, in apprenticeship 
        programs.
            (2) Eligible uses.--Amounts received from a grant under 
        this section may be used for any costs involved in carrying out 
        an apprenticeship program, including the following activities:
                    (A) Apprenticeship and job training in--
                            (i) construction of housing and commercial 
                        real estate;
                            (ii) technical trades;
                            (ii) plumbing;
                            (iii) automotive;
                            (iv) painting;
                            (v) electrical; and
                            (vi) transportation infrastructure.
                    (B) Funding for job training and job placement 
                counselors for homeless shelters, transitional housing, 
                and permanent supportive housing facilities for the 
                purposes of placing homeless individuals in permanent 
                jobs.
                    (C) Transportation grants to provide bus tickets, 
                subway fare, or other transportation vouchers to help 
                to cover the costs of transportation to and from job 
                interviews, the job site, and social service visits 
                until the individual is employed, and is able to cover 
                the costs of such transportation. Where necessary due 
                to lack of other means of transportation these grants 
                may also cover the cost of needed automobile repairs.
    (f) Apprenticeship Program Advisory Board.--
            (1) Eligibility requirement.--For an entity to be eligible 
        for selection to receive a grant under this section, the unit 
        of local government within which the eligible entity will carry 
        out the apprenticeship program shall establish a apprenticeship 
        advisory board to advise and report regarding activities and 
        progress under apprenticeship programs carried out within the 
        jurisdiction of such unit.
            (2) Meeting and reports.--Each apprenticeship advisory 
        board shall--
                    (A) meet not less than 4 times annually; and
                    (B) submit an annual report to the unit of local 
                government, the applicable entity, and the Secretary 
                regarding activities and progress under apprenticeship 
                programs carried out within jurisdiction of such unit.
            (3) Membership.--Each apprenticeship advisory board for a 
        unit of general local government shall consist of 15 members, 
        who shall include individuals who are--
            (1) officials of the unit of general local government;
            (2) representatives of the faith community;
            (3) representatives of private entities engaged in 
        residential development;
            (4) representatives of private entities engaged in 
        residential construction;
            (5) officials or members of labor unions;
            (6) representatives of local social services agencies;
            (7) homeless individuals;
            (8) representatives of organizations involved in providing 
        affordable housing and assistance for homeless individuals; and
            (9) representatives of academic institutions.
    (g) Applications and Selection of Grants.--
            (1) In general.--To be eligible for selection to receive a 
        grant under this section, an entity shall submit to the 
        Secretary an application containing--
                    (A) a description of the job training activities, 
                work opportunities, and other services that will be 
                provided to participants in the apprenticeship program;
                    (B) a description of the manner in which eligible 
                participants will be recruited and selected;
                    (C) a description of how the proposed project will 
                be coordinated with other Federal, State, and local 
                activities, including vocational and job training 
                programs;
                    (D) a detailed budget and description of the system 
                of fiscal controls and auditing and accounting 
                procedures that will be used;
                    (E) a description of the membership of advisory 
                board; and
                    (F) a description of the capacity of the community 
                to leverage funding from other private and public 
                sources.
            (2) Selection criteria.--The Secretary shall select 
        applicants to receive grants under this section based upon a 
        selection criteria which shall include the following:
                    (A) Potential for success.--The extent to which the 
                application is likely to succeed, as indicated by such 
                factors as the past experience of an applicant with 
                housing rehabilitation or construction, education and 
                employment training programs, management capacity, 
                fiscal reliability, and community support.
                    (B) Need.--To extent to which the applicant has 
                need for assistance, as determined by factors such as--
                            (i) the degree of economic distress of the 
                        community from which participants would be 
                        recruited, including--
                                    (I) the extent of poverty;
                                    (II) the extent of unemployment; 
                                and
                            (ii) the degree of economic distress of the 
                        locality in which the housing would be 
                        rehabilitated or constructed, including--
                                    (I) objective measures of the 
                                incidence of homelessness;
                                    (II) the relationship between the 
                                supply of affordable housing for low-
                                income persons and the number of such 
                                persons in the locality;
                                    (III) the extent of housing 
                                overcrowding; and
                                    (IV) the extent of poverty.
                    (C) Other.--Any other criteria the Secretary 
                determines to be reasonably appropriate.
    (h) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Applicant.--The term ``applicant'' means an eligible 
        entity that has submitted an application under section 476 that 
        the Secretary determines complies with the requirements under 
        this section.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a public housing agency;
                    (B) a labor union; or
                    (C) a nonprofit organization that is involved in 
                the development of affordable housing
            (3) Extremely low-income household.--The term ``extremely 
        low-income household'' means a household, including an 
        individual or family, that has an income that does not exceed 
        30 percent of the median family income for the area, as 
        determined by the Secretary with adjustments for smaller and 
        larger families, except that the Secretary may establish income 
        ceilings higher or lower than 30 percent of the median for the 
        area on the basis of the Secretary's findings that such 
        variations are necessary because of prevailing levels of 
        construction costs or fair market rents, or unusually high or 
        low household incomes.
            (4) Labor union.--The term ``labor union'' has the meaning 
        given the term `labor organization' in section 2 of the 
        National Labor Relations Act (29 U.S.C. 152).
            (5) Low-income household.--The term ``low-income 
        household'' means a household, including an individual or 
        family, that has an income that does not exceed 80 percent of 
        the median family income for the area, as determined by the 
        Secretary with adjustments for smaller and larger families, 
        except that the Secretary may establish income ceilings higher 
        or lower than 80 percent of the median for the area on the 
        basis of the Secretary's findings that such variations are 
        necessary because of prevailing levels of construction costs or 
        fair market rents, or unusually high or low household incomes.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section, $50,000,000 
for fiscal year 2004, and such sums as may be necessary for each of 
fiscal years 2005 through 2008.

SEC. 707. DAY LABORER FAIRNESS AND PROTECTION.

    (a) Findings.--Congress finds the following:
            (1) According to the General Accounting Office, contingent 
        workers comprise approximately 30 percent of the workforce and 
        research indicates that the size of the day labor workforce may 
        be greater than nationally available data suggests.
            (2) Employers increasingly rely on contingent workers 
        rather than permanent workers. Employers benefit from the 
        reduced costs and increased flexibility of utilizing a 
        contingent workforce. This reliance has resulted in a 
        significant decrease in the number of workers with health 
        insurance coverage, included in retirement and pension plans, 
        and receiving other employment benefits such as long-term 
        disability coverage. Contingent workers have lower family 
        incomes than those in full-time permanent employment. Many 
        contingent workers live below the Federal poverty line.
            (3) The General Accounting Office has found that the day 
        labor workforce is particularly vulnerable to workplace abuses. 
        Day laborers are subject to a wide range of abuses of their 
        civil rights, employment and labor rights, and health and 
        safety rights. Although day laborers and contingent workers 
        face higher incidences of workplace abuse, the General 
        Accounting Office has found current practices and laws make it 
        difficult to detect violations affecting contingent workers and 
        day laborers.
            (4) Wage and hour abuses are of particular concern to day 
        laborers. Despite current legal wage and hour protections 
        afforded to day laborers, such laborers are subject to 
        pervasive wage and hour violations committed by day labor 
        employers and temporary labor agencies. The short nature of the 
        employment relationship, multiple barriers to enforcement 
        resources and the lack of strong protective wage and hour laws 
        render day laborers particularly vulnerable to nonpayment of 
        wages. Wage and hour problems confronting day laborers take 
        many forms and include: complete nonpayment of wages; payment 
        of less than the agreed upon rate; payment by checks with 
        insufficient funds and late payment of wages. Day labor 
        employers often delay payments of promised wages until the 
        completion of a job. Upon completion, day laborers are commonly 
        left with less than promised or a void check. Lack of access to 
        social and legal services that could assist them in enforcing 
        their workplace rights leave few options for day laborers 
        seeking to recover unpaid wages.
            (5) Occupational injury and fatality rates for day laborers 
        are disproportionately higher than such rates for other 
        workers. Desperate for work and fearing retaliation, day 
        laborers often risk life and limb without ever reporting work 
        hazards. Day laborers are often assigned to the dangerous tasks 
        shunned by workers with more options. Employers often neglect 
        their duties to provide safe employment that is free from 
        hazards to a day laborers' health. Employers regularly fail to 
        provide necessary health and safety equipment and training to 
        day laborers. Due to the lack of notice requirements, most day 
        laborers have no advance warning about possible exposure to 
        hazardous materials or dangerous tasks.
            (6) Day laborers and contingent workers seeking to enforce 
        the employment and labor laws are frequently subject to 
        intimidating retaliatory acts by the employer. Absent stronger 
        antiretaliation protections, day laborers will continue to 
        endure dangerous and unjust working conditions without 
        recourse.
            (7) Day laborers and contingent workers provide employers 
        with a flexible workforce and contribute significantly to 
        interstate commerce. Despite these contributions, day laborers 
        are routinely subjected to workplace abuse with little or no 
        recourse. The growing numbers of day laborers and other 
        contingent workers in the workforce calls for legislative 
        reforms that expand and protect the rights of day laborers.
    (b) Purpose.--The purpose of this section is to ensure that 
individuals working as day laborers, or temporary workers, are afforded 
full protection of and access to employment and labor laws that ensure 
workplace dignity and to reduce unfair competitive advantage for firms 
that abuse day laborers.
    (c) Definitions.--In this section the following definitions apply:
            (1) Day laborer.--The term ``day laborer'' means an 
        individual who is engaged in or waiting to be engaged in day 
        labor.
            (2) Day labor.--The term ``day labor'' means labor or 
        employment that is occasional or irregular for which an 
        individual is employed for not longer than the time period 
        required to complete the assignment for which the individual 
        was hired and in which wage payments are made directly to the 
        day laborer or indirectly by the day labor service agency or 
        the third party employer for work undertaken by a day laborer. 
        Day labor does not include labor or employment of a 
        professional or clerical nature.
            (3) Day labor employer.--The term ``day laborer employer'' 
        refers to any person or entity that directly or indirectly, 
        through an agent, day labor service agency or any other entity 
        acting in the employer's interest, engages, suffers or permits 
        a day laborer to work or otherwise has the right to exercise 
        control over the wages, hours or working conditions of a day 
        laborer. The term includes day labor service agencies and third 
        party employers as defined in this section.
            (4) Day laborer shape-up site.--The term ``day laborer 
        shape-up site'' means any public area or street corner, 
        residential or commercial, where day laborers assemble to seek 
        employment.
            (5) Day laborer hiring site.--The term ``day laborer hiring 
        site'' refers to any program sponsored by a public entity or 
        nonprofit organization that provides a space for day laborers 
        to assemble for work and participate in skills development 
        workshops and classes. For the purposes of this section, day 
        laborer hiring sites are not day labor employers.
            (6) Department.--The term ``Department'' means the 
        Department of Labor.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (8) Regular rate of pay.--The term ``regular rate of pay'' 
        means an hourly wage rate agreed to by the day labor employer 
        and day laborer. If a daily rate is negotiated, the regular 
        rate of pay shall be calculated by dividing the total 
        remuneration agreed upon for 1 week by 40. On jobs that require 
        prevailing wage rates, the regular rate of pay shall be the 
        prevailing wage or wage agreed to by the day laborer employer 
        and day laborer, whichever is higher. In no circumstances shall 
        the regular rate of pay be less than that required by law.
            (9) Day labor service agency.--The term ``day labor service 
        agency'' means any person or entity that recruits, dispatches, 
        or otherwise facilitates the employment of day laborers by a 
        third party employer. A day labor service agency is a day labor 
        employer and shares all legal obligations placed on a day labor 
        employer by this section. A not-for-profit organization is not 
        a day labor service agency.
            (10) Workday and day.--The terms ``workday'' and ``day'' 
        mean any consecutive 24 hours period beginning at the same time 
        each calendar day.
            (11) Third party employer.--The term ``third party 
        employer'' refers to a person or entity that suffers or permits 
        a day laborer to work by contracting with a day labor service 
        agency. Third party employers are day labor employers and share 
        all legal obligations placed on day labor employers.
    (d) Sustainable Wages.--
            (1) Sustainable wage.--A day laborer shall be paid not less 
        than the equivalent of the prevailing wage rate paid to 
        permanent employees who are performing substantially equivalent 
        work, with due consideration given to seniority, experience, 
        and skills.
            (2) Notice of wage rate.--Day labor employers shall provide 
        notice of the wage rate expected to be paid to each day 
        laborer. A day labor service agency shall provide notice of the 
        wage rate expected to be paid by each third party employer 
        using the services of the agency. A day laborer shall be paid 
        by a third party employer not less than the wage rate stated in 
        the notice of the agency for all work performed for the third 
        party employer, including work contained in the description 
        issued under subsection (g).
            (3) Wage reduction.--Day labor employers are prohibited 
        from reducing the wage rate of any permanent full time employee 
        in order to comply with paragraph (1) or (2).
            (4) Overtime.--A day laborer shall be compensated at a rate 
        of 1 and one-half times the regular rate of pay for each hour 
        worked beyond 8 hours up to and including 12 hours in a 
        workday, and for the first 8 hours worked on the seventh 
consecutive day of work in a work week.
            (5) Daily overtime.--Day laborers are entitled to double 
        the regular rate of pay for all hours worked in excess of 12 
        hours in any workday and for all hours worked in excess of 8 
        hours on the seventh consecutive day of work in a work week.
            (6) Minimum daily rate.--A day laborer performing day labor 
        shall be compensated for not less than 4 hours of work for each 
        day worked.
            (7) Call in pay.--If the day labor employer fails to appear 
        after requesting a day laborer's services at a designated time 
        and location, the day laborer shall be compensated for not less 
        than 4 hours at the regular rate of pay.
            (8) Wait time.--If a day laborer arrives for employment at 
        the request of a day labor employer, time spent waiting for the 
        employer is wait time compensable at the regular rate of pay.
            (9) Reduction of salary.--If a day labor employer has 
        offered and a day laborer has accepted a wage rate, the day 
        labor employer cannot reduce that negotiated salary during that 
        day of employment.
            (10) Travel time.--Day laborers are to be compensated for 
        travel time if such activity is an integral and indispensable 
        part of the principal activities that the workers are employed 
        to perform. For the purposes of this section, time spent 
        traveling from a day labor shape-up site, day labor hiring 
        site, or day labor service agency to the worksite shall be 
        compensable at the regular rate of pay.
            (11) Agency processing delay.--
                    (A) In general.--If a day labor service agency 
                expends more than 30 minutes in processing a day 
                laborer's work assignment, the day labor service agency 
                shall pay the day laborer for any additional waiting 
                time at the regular rate of pay.
                    (B) Limitation.--The time spent in transit to or 
                from the designated worksite or to or from the day 
                labor service agency shall not be included in computing 
                processing time.
    (e) Other Rights of Day Laborers.--
            (1) Public access area.--Each day labor service agency 
        shall provide adequate seating in the public access area of the 
        offices of the agency. Employment and wage notices required by 
        this section shall be posted in the public access area. The 
        public access area shall allow for access to restrooms and 
        water.
            (2) Work restriction.--No day labor service agency shall 
        restrict the right of a day laborer to accept a permanent 
        position with a third party employer to whom the day laborer 
        has been referred for temporary work or restrict the right of 
        such third party employer to offer such employment to a day 
        laborer. This paragraph shall be understood to outlaw the 
        charging of fines or additional amounts for making or accepting 
        an offer of employment.
            (3) Breaks and meals.--For each 4-hour period of 
        uninterrupted day labor, a 15-minute compensated break shall be 
        provided. For periods of uninterrupted day labor lasting longer 
        than 6 hours, a 30-minute compensated lunch period shall be 
        provided.
            (4) Disclosure of employer information.--At the time of 
        hire, a day labor employer must provide a day laborer with the 
        day labor employers' phone number and business address.
            (5) Transportation back to point of hire.--Unless the day 
        laborer requests otherwise, the day labor employer shall 
        provide transportation back to the point of hire at the end of 
        each work day.
            (6) Transportation fees.--Day labor service agencies, third 
        party employers and day laborer employers shall not charge a 
        day laborer for the costs of transportation to and from the 
        premises of the day labor agency, day laborer shape-up site, or 
        day laborer hiring site to the worksite.
            (7) Payments.--
                    (A) In general.--At the time of the payment of 
                wages, a day labor service agency shall provide each 
                day laborer with an itemized statement showing in 
                detail each deduction made from the wages.
                    (B) Annual statement.--A day labor service agency 
                shall provide each worker an annual earnings summary 
                within a reasonable time after the preceding calendar 
                year, but in no case later than February 1. A day labor 
                service agency shall, at the time of each wage payment, 
                give notice to day laborers of the availability of the 
                annual earnings summary or post such a notice in a 
                conspicuous place in the public reception area.
                    (C) Payment schedules.-- At the request of a day 
                laborer, a day labor service agency or day labor 
                employer shall hold the daily wages of the day laborer 
                and make either weekly or semimonthly payments. The 
                wages shall be paid in a single check representing the 
                wages earned during the period for which wage payments 
                are to be made, as designated by the day laborer. A day 
                labor service agency or day labor employer that makes 
                daily wage payments shall provide written notification 
                to all day laborers of the right to request weekly or 
                semimonthly checks. The day laborer service agency may 
                provide such notice by conspicuously posting the notice 
                at the location where the wages are received by the day 
                laborers.
                    (D) Daily wages.--If day labor employment lasts 
                less than 1 week wages shall be paid at the end of each 
                workday.
                    (E) Check cashing.--A day labor service agency, day 
                labor employer, or third party employer may not 
                directly or indirectly charge any day laborer for 
                cashing a check issued by the day labor service agency, 
                day labor employer, or third party employer for wages 
                earned by a day laborer who performed work through that 
                day labor service agency, day labor employer or third 
                party employer.
                    (F) Overpayment.--A day laborer shall not be 
                charged fees for overpayment by the day labor agency.
                    (G) Negotiable tender.--All noncash wage payments 
                shall be in the form of immediately negotiable tender 
                payable in cash, on demand at a financial institution, 
                and without discount.
                    (H) Payment by check.--If a day labor service 
                agency or day labor employer pays by check, that check 
                shall be immediately redeemable.
                    (I) Payment on termination.--All wages must be paid 
                within 72 hours of termination.
                    (J) Place of payment on termination.--Upon 
                termination, a day laborer may choose to be paid either 
                at the worksite, the day labor site, or the day labor 
                service agency. A day laborer may also request that the 
                check be sent by first class mail. Unless the day 
                laborer requests otherwise, a day labor employer shall 
pay a discharged day laborer at the worksite.
            (8) Other rights guaranteed by law.--Day laborers shall be 
        afforded all other rights guaranteed workers under the law.
            (9) Specific rights.--Day laborers shall be free of any 
        restriction on their ability to solicit day labor or to express 
        their availability for lawful day labor employment in any 
        public area unless such restriction is applied to all speech or 
        expression of any content, including political, artistic, 
        religious, or commercial speech and to speech regardless of 
        whether the speaker is physically present or speaks through 
        unattended signs or banners--
                    (a) this right shall be enforceable by day laborers 
                through a private action under section 1979 of the 
                Revised Statutes (17 Stat. 13; 42 U.S.C. 1983); and
                    (b) any local or State ordinance or law that 
                violates this provision shall be enjoined as invalid.
    (f) Health and Safety.--
            (1) In general.--Every day labor service agency and day 
        labor employer shall furnish employment and a place of 
        employment that is safe and healthful for day laborers. Such 
        employment shall be free of recognized hazards that are likely 
        to cause death or serious physical harm to day laborers.
            (2) Life, safety, and health requirements.--No day labor 
        service agency or day laborer employer shall fail or neglect to 
        do any of the following:
                    (A) To provide and use safety devices and 
                safeguards reasonably adequate to render the employment 
                and place of employment safe at no cost to the day 
                laborer.
                    (B) To adopt and use methods and processes 
                reasonably adequate to render the employment and place 
                of employment safe.
                    (C) To do every other thing reasonably necessary to 
                protect the life, safety, and health of day laborers.
            (3) Citations for failure to comply.--On multi-employer 
        worksites, both construction and nonconstruction, citations may 
        be issued to the following categories of employers when the 
        Occupational Safety and Health Administration, referred to in 
        this section as ``OSHA'', has evidence that a day laborer was 
        exposed to a hazard in violation of any requirement enforceable 
        by OSHA:
                    (A) The employer whose day laborers were exposed to 
                the hazard (the exposing employer).
                    (B) The employer who actually created the hazard 
                (the creating employer).
                    (C) The employer who was responsible, by contract 
                or through actual practice, for safety and health 
                conditions on the worksite, which is the employer who 
                had the authority for ensuring that the hazardous 
                condition is corrected (the controlling employer).
                    (D) The employer who had the responsibility for 
                actually correcting the hazard (the correcting 
                employer).
        The employers listed in subparagraphs (B) through (D), 
        inclusive, of this paragraph may be cited regardless of whether 
        their own day laborers were exposed to a hazard.
            (4) Application of federal law.--
                    (A) In general.--Employers and day laborers as 
                defined by this section shall be covered under the 
                Occupational Health and Safety Act (OSHA). In addition 
                to coverage under OSHA, employers and day laborers 
                shall adhere to the following requirements:
                    (B) Health care expenses.--If a day laborer is 
                injured while working, the day labor employer shall be 
                responsible to pay for the health care costs associated 
                with the injury and all compensable damages flowing 
                from that injury unless coverage for the accident is 
                available under the applicable State worker's 
                compensation law. The statute of limitations shall be 
                otherwise tolled during the period in which the day 
                laborer seeks coverage under the applicable State 
                workers' compensation law.
                    (C) Health and safety equipment.--The day labor 
                service agency or day laborer employer shall provide at 
                no cost to each day laborer any special attire, 
                accessories, tools, safety equipment or other items 
                required by law or custom to perform the work 
                assignment.
                    (D) Workers' compensation.--All day labor service 
                agencies and day laborer employers are required to 
                provide workers' compensation benefits to their day 
                labor day laborers, regardless of immigration status, 
                for injuries arising out of and in the course of 
                employment.
                    (E) Notification of workers' compensation 
                benefits.--Day labor service agencies and day laborer 
                employers shall provide all day laborers written notice 
                on the first day of employment that contains a 
                statement of the day laborer's right to workers' 
                compensation benefits and the day labor service agency 
                and day laborer employer's workers' compensation 
                insurance carrier name and number. This notice shall be 
                provided in English and any other language that is 
                generally used by the workforce serviced by the day 
                labor service agency or employed by the employer.
                    (F) Notification, consent, and disclosure.--
                            (i) In general.--The day labor service 
                        agency or any employer or agent of the employer 
                        must disclose the risk of exposure to hazardous 
                        chemicals or any other unsafe materials or 
                        working condition that require the use of 
                        safety and protective equipment.
                            (ii) Written consent.--Day labor service 
                        agencies and day laborer employers are required 
                        to obtain the informed written consent of any 
                        day laborer who will be exposed to hazardous 
                        materials. Written consent shall include: a 
                        description of the hazardous materials the day 
                        laborer will be exposed to, the possible health 
                        and safety consequences of exposure to the 
                        hazardous materials and any specialized 
                        certification or training required to safely 
                        handle the hazardous materials.
                            (iii) No retaliation.--A day labor service 
                        agency or day laborer employer shall not take 
                        any retaliatory action against a day laborer 
                        who refuses to perform hazardous work due to 
                        health or safety concerns.
                    (G) Transportation liability.--A day labor service 
                agency, day labor employer or any other employer or 
                agent of the employer that transports a day laborer to 
                or from a designated worksite is liable for any injury 
                to a day laborer arising from any accident that occurs 
                while the day laborer is being transported to or from 
                the worksite.
                    (H) Motor vehicle safety.--
                            (i) In general.--Any motor vehicle that is 
                        owned oroperated by the day labor service 
                        agency or any other employer, or a contractor 
of either, which is used for the transportation of day laborers shall--
                                    (I) have proof of financial 
                                responsibility as provided for in 
                                applicable State insurance laws of the 
                                area;
                                    (II) be equipped with seats 
                                securely fastened to the vehicle;
                                    (III) be equipped, if a motortruck, 
                                with a railing or other suitable 
                                enclosure on the sides and end of the 
                                vehicle not less than 46 inches above 
                                the floor of the vehicle; and
                                    (IV) equipped with steps, stirrups, 
                                or other equivalent devices so placed 
                                and arranged that the vehicle may be 
                                safely mounted and dismounted.
                            (ii) Unsafe vehicle.--A day labor service 
                        agency or day labor employer who knows or 
                        should know that a motor vehicle used primarily 
                        or regularly for the transportation of day 
                        laborers is unsafe, or not equipped as required 
                        by this section, or any regulations adopted 
                        pursuant to this section, shall not use the 
                        motor vehicle for transporting day laborers.
                            (iii) Inspection.--The Secretary or an 
                        appointed designee shall inspect motor vehicles 
                        used primarily or regularly for the transport 
                        of day laborers at least once annually to 
                        determine whether its construction, design, and 
                        equipment comply with all provisions of Federal 
                        and State law. No person shall drive any motor 
                        vehicle used primarily or regularly for the 
                        transport of day laborers without displaying a 
                        certificate issued from the Secretary or an 
                        appointed designee confirming timely inspection 
                        and compliance with all laws and regulations 
                        relating to construction, design, and 
                        equipment.
                            (iv) Renter requirements.--An owner or 
                        person who rents any motor vehicle used 
                        primarily or regularly for the transport of day 
                        laborers is responsible for compliance with the 
                        motor vehicle requirements of this section.
    (g) Notification Requirements.--
            (1) In general.--
                    (A) Notice.--A day labor service agency shall, in 
                the public reception area, post a list of all employers 
                that are seeking day laborers which includes the 
                following:
                            (i) The name and address of the employer 
                        and the address of the worksite if different 
                        from that of the employer.
                            (ii) The type of job opportunities for day 
                        laborers.
                            (iii) The amount of wages to be paid per 
                        hour for the work.
                            (iv) If transportation is available, 
                        whether the worksite is accessible by public or 
                        personal transportation, and the approximate 
                        commute time to the worksite.
                    (B) Description.--A day labor service agency shall, 
                for each job opportunity posted, provide a detailed 
                description of the work which shall include the 
                following:
                            (i) A detailed description of the work to 
                        be performed by the day laborer, including any 
                        requirements for special attire, accessories, 
                        or safety equipment.
                            (ii) The exact address of the worksite and 
                        a telephone number at which a day laborer can 
                        be reached for emergency purposes. If the 
                        location is in a rural area, the notice must 
                        also contain directions to the worksite.
                            (iii) The time of day the work will begin, 
                        the time of day the work will end, and the 
                        overtime rate of pay.
                            (iv) Whether a meal is provided, either by 
                        the day labor service agency, day labor 
                        employer, or the third party employer, and the 
                        cost of the meal, if any.
                            (v) A phone number and business address for 
                        the third party employer requesting the day 
                        laborer though the day labor service agency.
            (2) Posting.--The notices required to be posted under this 
        subsection shall be written in English and any other language 
        that is generally used in the locale of the day labor service 
        agency.
            (3) Offer and acceptance.--Upon offer and acceptance of a 
        job, the information referred to in this subsection shall be 
        provided to each day laborer in writing in English and any 
        other language that is generally used in the locale of the day 
        labor service agency, day labor site, or by the day laborer or 
        at the time of acceptance.
    (h) Deductions.--
            (1) Meals.--A day labor service agency or any other 
        employer shall not charge a day laborer more than the actual 
        cost of providing a meal. In no case shall a deduction for a 
        meal be permitted against the wage requirements of this section 
        if--
                    (A) the day laborer does not consume the meal;
                    (B) the day laborer has no realistic opportunity to 
                obtain meals by other means due to the location of the 
                job site and the time permitted for the meal; or
                    (C) the purchase of a meal is a condition of 
                employment.
            (2) Transportation.--A day labor service agency or any 
        other employer shall not charge to transport a day laborer to 
        or from the designated worksite.
            (3) Safety and protective equipment.--
                    (A) General rule.--The day labor service agency or 
                day laborer employer shall provide at no cost to each 
                day laborer any special attire, accessories, tools, 
                safety equipment, or other items required by law or 
                custom to perform the work assignment. For any other 
                equipment, clothing, accessories, or any other items 
                the day labor service agency or day laborer employer 
                makes available for purchase, the day laborer shall not 
                be charged more than the actual market value for the 
                item.
                    (B) Exception.--A day labor service agency or day 
                laborer employer is not precluded from charging the day 
                laborer the market value of items temporarily provided 
                to the day laborer, in the event that the day laborer 
                willfully fails to return such items.
            (4) Housing.--
                    (A) In general.--An employer shall comply with 
                applicable State requirements and Federal law 
                requirements when crediting lodging towards an 
                employer's wage obligation under this section only if--
                            (i) lodging is received and used;
                            (ii) lodging is furnished as part of the 
                        day laborer's compensation; and
                            (iii) the day laborer enters a voluntary 
                        written agreement to credit lodging toward the 
                        employer's wage obligation.
                    (B) Lodging requirements.--The amount credited for 
                lodging shall not exceed an amount that would result in 
                the day laborer earning less than the wage required by 
                this section. In order for lodging to be creditable 
                towards the wage obligation, it shall be available to 
                the day laborer for full-time occupancy and be 
                adequate, decent, and sanitary according to usual and 
                customary standards.
    (i) Retaliation.--
            (1) Prohibition.--Any employer, or any agent of an 
        employer, who knowingly retaliates through discharge or in any 
        other manner against any day laborer shall be fined under title 
        18, United States Code or subject to a private cause of action.
            (2) Protected acts from retaliation include.--The Secretary 
        shall ensure that a day laborer is protected from retaliation 
        for--
                    (A) making a complaint to the day laborer's 
                employer, or a State agency, or federal agency, or 
                community organization that rights guaranteed a day 
                laborer under this section have been violated;
                    (B) making a complaint to an employer, a coworker, 
                or before a public hearing or the press that rights 
                guaranteed a day laborer under this section have been 
                violated;
                    (C) causing to be instituted any proceeding under 
                or related to this section, or;
                    (D) testifying or preparing to testify in an 
                investigation or proceeding under this section.
    (j) Day Labor Service Agency and Day Labor Employer Registration.--
            (1) In general.--A day labor service agency and day labor 
        employer shall register with the Secretary in accordance with 
        rules adopted by the Secretary for day labor service agencies 
        and with State departments of labor which require such 
        registration.
            (2) Fees.--The Secretary may assess each day labor agency 
        and day labor employer a registration fee not to exceed $250.
    (k) Department Requirements and Responsibilities.--
            (1) In general.--the Secretary shall adopt rules and 
        regulations necessary to implement the provisions of this 
        section, including provisions for hearings and imposition of 
        penalties for violations of this section.
            (2) Posting requirement.--The Secretary shall cause to be 
        posted in each day labor service agency a notice in English and 
        any other language generally spoken in the locale of the day 
        labor service agency which informs the public of a toll-free 
        telephone number for day laborers and the public to file wage 
        dispute complaints and other alleged violations by day labor 
        service agencies and other day labor employers.
            (3) Fines.--The Secretary shall have the authority to fine 
        a day labor service agency or day labor employer that fails to 
        register with the Department of Labor in accordance with this 
        section $1,000 for the first offense and $5,000 for each 
        subsequent offense.
            (4) Suspensions and revocations.--The Secretary shall have 
        the authority to suspend or revoke the registration of a day 
        labor service agency or day labor employer if warranted by 
        public health and safety concerns or violations of this 
        section.
            (5) Investigations.--The Secretary shall promptly 
        investigate complaints concerning alleged violations of this 
        section.
    (l) Criminal Sanctions.--
            (1) Criminal provision.--
                    (A) In general.--Any employer or any agent of an 
                employer, who, willfully and knowingly violates this 
                section, shall be fined under title 18, United States 
                Code.
                    (B) Continued violation.--Each day during which any 
                violation of this section continues shall constitute a 
                separate and distinct offense.
    (m) Judicial Enforcement.--
            (1) Injunctive relief.--The Secretary may petition any 
        appropriate district court of the United States for temporary 
        or permanent injunctive relief if the Secretary determines that 
        this section, or any regulation under this section, has been 
        violated.
            (2) Control of civil litigation.--The Solicitor of Labor 
        may appear for and represent the Secretary in any civil 
        litigation brought under this section, but all such litigation 
        shall be subject to the direction and control of the Attorney 
        General.
    (n) Administrative Sanctions.--
            (1) Civil money penalties for violations.--Any person who 
        commits a violation of this section or any regulation under 
        this section shall be assessed a penalty of $1000 for each 
        violation.
            (2) Collection of amounts on behalf of injured day 
        laborers.--
                    (A) If an employer willfully violates subsection 
                (d) or (h) of this section, the Secretary shall 
                collect, on behalf of each injured day laborer, the 
                amount of wages not paid in violation of the section 
                and an equal amount for each day for which the wages 
                are not paid.
                    (B) An employer that willfully violates subsection 
                (e), (f), or (g) of this section shall be assessed by 
                the Secretary an amount up to $500 per violation of 
                each subsection, which the Secretary shall collect on 
                behalf of each injured day laborer.
    (o) Private Cause of Action.--
            (1) Maintenance of civil action in district court by 
        aggrieved person.--Any person aggrieved by a violation of this 
        section or any regulation under this section by an employer may 
        file suit in any district court of the United States or State 
        court of competent jurisdiction without regard to the 
        citizenship of the parties and without regard to exhaustion of 
        any alternative administrative remedies provided herein. 
        Actions may be brought by one or more day laborers for and on 
        behalf of himself or themselves and other day laborers 
        similarly situated.
            (2) Award of damages or other equitable relief.--Any day 
        laborer whose rights have been violated under this section by 
        his or her employer shall be entitled to collect--
                    (A) in the case of a violation under subsection (d) 
                or (h) of this section, the amount of any wages, 
                salary, employment benefits, or other compensation 
                denied or lost to such day laborer by reason of the 
                violation, plus an equal amount for each day for which 
                wages are not paid;
                    (B) in the case of a violation under subsection 
                (e), (f), or (g) of this section, compensatory damages 
                and an amount up to $500 for the violation of each 
                subpart of each subsection;
                    (C) in the case of a violation under subsection (i) 
                of this section, all legal or equitable relief as may 
                be appropriate to effectuate the purposes of subsection 
                (i);
                    (D) attorney's fees and costs; or
                    (E) punitive damages in a case in which any 
                employer, or agent of an employer, threatens to call 
                the Immigration and Naturalization Service or the 
police in retaliation for protected acts described in subsection (i) of 
this section.
            (3) Statute of limitations.--The right of an aggrieved 
        person to bring a cause of action under this subsection 
        terminates upon the passing of 3 years from the final date of 
        employment by the employer. This limitations period is tolled 
        if a day labor employer has deterred a day laborer's exercise 
        of rights under this section by contacting or threatening to 
        contact the Immigration and Naturalization Service or other law 
        enforcement agencies.
            (4) Waiver through contract.--Any agreement between a day 
        laborer and a day labor employer to waive rights and 
        responsibilities under this section are void and unenforceable 
        as violative of public policy.
            (5) Evidentiary burden.--If an employer has not met the 
        notifications requirements under this section or required 
        recordkeeping pursuant to title II of the Labor-Management 
        Reporting and Disclosure Act of 1959 (29 U.S.C. 201 et seq.), 
        there is a presumption that any reasonable factual presentation 
        by the day laborer is accurate. The employer is then required 
        to disprove the day laborer's representation by clear and 
        convincing evidence.
    (p) Prevention of Discrimination During and at the Conclusion of 
Labor Disputes.--Section 8(a) of the National Labor Relations Act (29 
U.S.C. 158(a)) is amended--
            (1) by striking the period at the end of paragraph (5) and 
        inserting `; or'; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(6)(A) to offer, or to grant, the status of a permanent 
        replacement day laborer to an individual for performing 
        bargaining unit work for the employer during a labor dispute, 
        or
            ``(B) to otherwise offer, or grant, an individual any 
        employment preference based on the fact that such individual 
        was employed, or indicated a willingness to be employed, during 
        a labor dispute over an individual who--
                    ``(i) was an day laborer of the employer at the 
                commencement of the dispute;
                    ``(ii) has exercised the right to join, to assist, 
                or to engage in other concerted activities for the 
                purpose of collective bargaining or other mutual aid or 
                protection through the labor organization involved in 
                the dispute; and
                    ``(iii) is working for, or has unconditionally 
                offered to return to work for, the employer.''.
    (q) Labor Disputes.--No day labor service agency may send any day 
laborer to a workplace where a strike, lockout, or other labor trouble 
exists.
    (r) Compliance With State and Local Laws.--This section is intended 
to supplement State and local laws, and compliance with this section 
shall not excuse any person from compliance with appropriate State and 
local laws.

SEC. 708. SOCIAL SECURITY ADMINISTRATION OUTREACH TO HOMELESS PERSONS.

    (a) Outreach and Application Assistance to Homeless Applicants for 
Benefits and Beneficiaries Under Title II and Title XVI of the Social 
Security Act.--Part A of title XI of the Social Security Act is amended 
by adding after section 1150 the following new section:

   ``outreach and application assistance to homeless applicants for 
        benefits and beneficiaries under title ii and title xvi

    ``Sec. 1150A. (a) Outreach.--The Commissioner of Social Security 
shall conduct outreach efforts to--
            ``(1) locate and identify homeless individuals who may be 
        eligible for benefits under title II or XVI,
            ``(2) make readily available to such individuals 
        information regarding the availability of such benefits, and
            ``(3) offer assistance to such individuals in filing 
        applications for such benefits.
    ``(b) Modification of Application Procedures to Accommodate 
Outreach.--The Commissioner shall include on application forms made 
available for use in applying for benefits under titles II and XVI, in 
the procedures for filing such applications, and in the procedures for 
determining continuing eligibility for or entitlement to such benefits, 
mechanisms for collecting data determined useful in furthering the 
efforts required to be undertaken under subsection (a).
    ``(c) Expedited Processing of Applications.--In furtherance of the 
efforts required to be undertaken under subsection (a), the 
Commissioner shall ensure that diligent efforts are maintained to 
expedite the processing of applications for benefits under titles II 
and XVI.
    ``(d) Authorization of Appropriations.--To carry out the provisions 
of this section, there are authorized to be appropriated to the Social 
Security Administration, from amounts otherwise available in the 
general fund of the Treasury--
            ``(1) $20,000,000 for fiscal year 2004, and
            ``(2) such sums as are necessary for each of fiscal years 
        2005, 2006, 2007, and 2008.''.
    (b) Repeal of Limitation on Receipt of SSI.--Section 1611(e)(1)(D) 
of the Social Security Act (42 U.S.C. 1382(e)(1)(D)) is amended by 
striking the semicolon and all that follows and inserting a period.
    (c) Membership on Interagency Council on the Homeless.--Section 
2022(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11312(a)) is amended--
            (1) by redesignating paragraph (16) as paragraph (17); and
            (2) by inserting after paragraph (15) the following new 
        paragraph:
            ``(16) The Commissioner of Social Security, or the designee 
        of the Commissioner.''.
    (d) Increase in SSI Asset Limits.--
            (1) Eligible couples.--Section 1611(a)(3)(A) of the Social 
        Security Act (42 U.S.C. 1382(a)(3)(A)) is amended by inserting 
        ``, and to $4,500 on January 1, 2004, and shall be increased by 
        $150 on January 1 of each succeeding year'' before the period.
            (2) Eligible individuals.--Section 1611(a)(3)(B) of the 
        Social Security Act (42 U.S.C. 1382(a)(3)(B)) is amended by 
        inserting ``, and to $3,000 on January 1, 2004, and shall be 
        increased by $100 on January 1 of each succeeding year'' before 
        the period.
    (e) Presumptive Eligibility for SSI for People Experiencing, or at 
Risk of, Homelessness.--Section 1614(a)(3) of the Social Security Act 
(42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following:
    ``(K) The Secretary shall presume that a claimant for benefits 
under this title on the basis of disability is disabled if the claimant 
submits to the Secretary--
            ``(i) a statement, signed by a physician, which attests 
        that the claimant is disabled and describes the nature of the 
        disability; and
            ``(ii) evidence verifying that the claimant is homeless (as 
        defined in section 103 of the McKinney-Vento Homeless 
        Assistance Act) or at risk of imminent homelessness.''.
                                 <all>