[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1856
To provide a path to end homelessness in the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 2019
Ms. Waters (for herself, Mr. Schiff, Mr. Espaillat, Mr. Green of Texas,
Mr. Lawson of Florida, Ms. Ocasio-Cortez, Ms. Adams, Ms. Eshoo, Ms.
Pressley, Mr. Thompson of Mississippi, Mr. Foster, Mrs. Carolyn B.
Maloney of New York, Mr. Crist, Mr. David Scott of Georgia, Mr. Heck,
Mr. Case, Ms. Norton, Mr. Cummings, Ms. Meng, Mrs. Napolitano, Mr.
Meeks, Mr. Rouda, Ms. Omar, Mr. Himes, Ms. Schakowsky, Mr. McNerney,
Mr. Garcia of Illinois, Mr. Lewis, Mr. Vargas, Ms. Castor of Florida,
Ms. Hill of California, Ms. Dean, Ms. Kaptur, Mrs. Torres of
California, Ms. Velazquez, Mr. Welch, Ms. Tlaib, Mr. Grijalva, Ms.
Jackson Lee, Mr. Lynch, Mr. Cohen, Ms. Bonamici, Ms. Garcia of Texas,
Ms. Gabbard, Mr. Gonzalez of Texas, Mr. Clay, and Ms. Clarke of New
York) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
the Budget, 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 provide a path to end homelessness in the United States, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Homelessness Act of 2019''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) although the United States has experienced a reduction
in veteran homelessness after a surge of new Federal funding
targeted to homeless veterans starting in fiscal year 2008,
major progress towards the national goals for ending
homelessness in our Nation has virtually stalled in the absence
of increased funding;
(2) according to the Department of Housing and Urban
Development's 2018 point-in-time count, there were 552,830
people experiencing homelessness in the United States on any
given night, including nearly 160,000 children and youth;
(3) homelessness in many communities has reached crisis
proportions and some cities have declared that homelessness has
reached a state of emergency; and
(4) the Federal Government must renew its commitment to the
national goals to end homelessness.
SEC. 3. EMERGENCY RELIEF FUNDING.
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.) is amended--
(1) by redesignating section 491 (42 U.S.C. 11408; relating
to rural housing stability grant program) as section 441;
(2) by redesignating section 592 (42 U.S.C. 11408a;
relating to use of FMHA inventory for transitional housing for
homeless persons and for turnkey housing) as section 442; and
(3) by adding at the end the following new subtitle:
``Subtitle E--5-Year Path To End Homelessness
``SEC. 451. EMERGENCY RELIEF FUNDING.
``(a) Direct Appropriations.--There is appropriated out of any
money in the Treasury not otherwise appropriated for each of fiscal
years 2020 through 2024, $1,000,000,000, to remain available until
expended, for emergency relief grants under this section to address the
unmet needs of homeless populations in jurisdictions with the highest
need.
``(b) Formula Grants.--
``(1) Allocation.--Amounts appropriated under subsection
(a) for a fiscal year shall be allocated among collaborative
applicants that comply with section 402, in accordance with the
funding formula established under paragraph (2) of this
subsection.
``(2) Formula.--The Secretary shall, in consultation with
the United States Interagency Council on Homeless, establish a
formula for allocating grant amounts under this section to
address the unmet needs of homeless populations in
jurisdictions with the highest need, using the best currently
available data that targets need based on key structural
determinants of homelessness in the geographic area represented
by a collaborative applicant, which shall include data
providing accurate counts of--
``(A) the poverty rate in the geographic area
represented by the collaborative applicant;
``(B) shortages of affordable housing for low-,
very low-, and extremely low-income households in the
geographic area represented by the collaborative
applicant;
``(C) the number of overcrowded housing units in
the geographic area represented by the collaborative
applicant;
``(D) the number of unsheltered homeless
individuals and the number of chronically homeless
individuals; and
``(E) any other factors that the Secretary
considers appropriate.
``(3) Grants.--For each fiscal year for which amounts are
made available under subsection (a), the Secretary shall make a
grant to each collaborative applicant for which an amount is
allocated pursuant to application of the formula established
pursuant to paragraph (2) of this subsection in an amount that
is equal to the formula amount determined for such
collaborative applicant.
``(4) Timing.--
``(A) Formula to be devised swiftly.--The funding
formula required under paragraph (2) shall be
established not later than 60 days after the date of
enactment of this section.
``(B) Distribution.--Amounts appropriated or
otherwise made available under this section shall be
distributed according to the funding formula
established pursuant to paragraph (2) not later than 30
days after the establishment of such formula.
``(c) Use of Grants.--
``(1) In general.--Subject to paragraphs (2) through (4), a
collaborative applicant that receives a grant under this
section may use such grant amounts only for eligible activities
under section 415, 423, or 441(b).
``(2) Permanent supportive housing requirement.--
``(A) Requirement.--Except as provided in
subparagraph (B), each collaborative applicant that
receives a grant under this section shall use not less
than 75 percent of such grant amount for permanent
supportive housing, including capital costs, rental
subsidies, and services.
``(B) Exemption.--The Secretary shall exempt a
collaborative applicant from the applicability of the
requirement under subparagraph (A) if the applicant
demonstrates, in accordance with such standards and
procedures as the Secretary shall establish, that--
``(i) chronic homelessness has been
functionally eliminated in the geographic area
served by the applicant; or
``(ii) the permanent supportive housing
under development in the geographic area served
by the applicant is sufficient to functionally
eliminate chronic homelessness once such units
are available for occupancy.
The Secretary shall consider and make a determination
regarding each request for an exemption under this
subparagraph not later than 60 days after receipt of
such request.
``(3) Limitation on use for administrative expenses.--Not
more than 5 percent of the total amount of any grant under this
section to a collaborative applicant may be used for costs of
administration.
``(4) Housing first requirement.--The Secretary shall
ensure that each collaborative applicant that receives a grant
under this section is implementing, to the extent possible, and
will use such grant amounts in accordance with, a Housing First
model for assistance for homeless persons.
``(d) Renewal Funding.--Expiring contracts for leasing, rental
assistance, or permanent housing shall be treated, for purposes of
section 429, as expiring contracts referred to in subsection (a) of
such section.
``(e) Reporting to Congress.--
``(1) Initial report.--Not later than the expiration of the
6-month period beginning on the date of the enactment of this
subtitle, the Secretary and the United States Interagency
Council on Homelessness shall submit a report to the Committees
on Financial Services and Appropriations of the House of
Representatives and the Committees on Banking, Housing, and
Urban Affairs and Appropriations of the Senate describing the
design and implementation of the grant program under this
section, which shall include the formula required by subsection
(b)(2).
``(2) Semiannual status reports.--
``(A) Reports to congress.--The Secretary and the
United States Interagency Council on Homelessness shall
submit reports to the Committees specified in paragraph
(1) semiannually describing the operation of the grant
program under this section during the preceding 6
months, including identification of the grants made and
a description of the activities funded with grant
amounts.
``(B) Collection of information by secretary.--The
Secretary shall require each collaborative applicant
that receives a grant under this section to submit such
information to the Secretary as may be necessary for
the Secretary to comply with the reporting requirement
under subparagraph (A).
``SEC. 452. SPECIAL PURPOSE VOUCHERS.
``(a) Direct Appropriation.--There is appropriated out of any money
in the Treasury not otherwise appropriated for each of fiscal years
2020 through 2024, $500,000,000, to remain available until expended,
which shall be used as follows:
``(1) Rental assistance.--Except as provided in paragraph
(2), such amount shall be used for incremental assistance for
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and
households who are homeless (as such term is defined in section
103 (42 U.S.C. 11302)), which assistance shall be in addition
to such assistance provided pursuant to renewal of expiring
contracts for such assistance.
``(2) Administrative fees.--The Secretary may use not more
than 10 percent of such amounts provided for each fiscal year
for administrative fees under 8(q) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish
policies and procedures to provide such fees to the extent
necessary to assist homeless persons and families on whose
behalf rental assistance is provided to find and maintain
suitable housing.
``(b) Allocation.--The Secretary shall make assistance provided
under this section available to public housing agencies based on
geographical need for such assistance by homeless persons and
households, as identified by the Secretary, public housing agency
administrative performance, and other factors as specified by the
Secretary.
``(c) Availability.--Assistance made available under this section
shall continue to remain available only for homeless persons and
households upon turn-over.
``(d) Renewal Funding.--Renewal of expiring contracts for rental
assistance provided under subsection (a) and for administrative fees
under such subsection shall, to the extent provided in appropriation
Acts, be funded under the section 8 tenant-based rental assistance
account.
``(e) Waiver Authority.--Upon a finding by the Secretary that a
waiver or alternative requirement pursuant to this subsection is
necessary to ensure that homeless persons and households can obtain
housing using rental assistance made available under this section, the
Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers
in connection with the use of funds made available under this section
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment) that relates to screening of
applicants for assistance, admission of applicants, and selection of
tenants. The Secretary shall require public housing agencies receiving
rental assistance funding made available under this section to take all
reasonable actions to help assisted persons and families avoid
subsequent homelessness.
``SEC. 453. OUTREACH FUNDING.
``(a) Direct Appropriation.--There is appropriated out of any money
in the Treasury not otherwise appropriated for each of fiscal years
2020 through 2024, $100,000,000, to remain available until expended, to
the Secretary for grants under this section to provide outreach and
coordinate services for persons and households who are homeless or
formerly homeless.
``(b) Grants.--
``(1) In general.--The Secretary shall make grants under
this section on a competitive basis only to collaborative
applicants who comply with section 402.
``(2) Priority.--The competition for grants under this
section shall provide priority to collaborative applicants who
submit plans to make innovative and effective use of staff
funded with grant amounts pursuant to subsection (c).
``(c) Use of Grants.--A collaborative applicant that receives a
grant under this section may use such grant amounts only for providing
case managers, social workers, or other staff who conduct outreach and
coordinate services for persons and households who are homeless or
formerly homeless.
``(d) Timing.--
``(1) Criteria to be established swiftly.--The Secretary
shall establish the criteria for the competition for grants
under this section required under subsection (b) not later than
60 days after the date of enactment of this section.
``(2) Distribution.--Amounts appropriated or otherwise made
available under this section shall be distributed according to
the competition established by the Secretary pursuant to
subsection (b) not later than 30 days after the establishment
of such criteria.''.
SEC. 4. HOUSING TRUST FUND.
(a) Funding.--
(1) Annual funding.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2019 and each fiscal year thereafter, $1,000,000,000, to
remain available until expended, which shall be credited to the
Housing Trust Fund established pursuant to section 1338 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568) for use under such section.
(2) Rental assistance.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2019 and each fiscal year thereafter, $50,000,000, to
remain available until expended, for incremental project-based
voucher assistance or project-based rental assistance, to be
allocated to States pursuant to the formula established under
section 1338 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4568), to be used
solely in conjunction with grant funds awarded under such
section 1338.
(3) Priority for housing the homeless.--
(A) Priority.--During the first 5 fiscal years that
amounts are made available under this subsection, the
Secretary of Housing and Urban Development shall ensure
that priority for occupancy in dwelling units described
in subparagraph (B) that become available for occupancy
shall be given to persons and households who are
homeless (as such term is defined in section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)).
(B) Covered dwelling units.--A dwelling unit
described in this subparagraph is any dwelling unit
that--
(i) is located in housing that was at any
time provided assistance with any amounts from
the Housing Trust Fund referred to paragraph
(1) that were credited to such Trust Fund by
such paragraph; or
(ii) is receiving assistance described in
paragraph (2) with amounts made available under
such paragraph.
(b) Tenant Rent Contribution.--
(1) Limitation.--Subparagraph (A) of section 1338(c)(7) of
the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended--
(A) by striking ``except that not less than 75
percent'' and inserting the following: ``except that--
``(i) not less than 75 percent''; and
(B) by adding at the end the following new clause:
``(ii) notwithstanding any other provision
of law, all rental housing dwelling units shall
be subject to legally binding commitments that
ensure that the contribution toward rent by a
family residing in the dwelling unit shall not
exceed 30 percent of the adjusted 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 such family; and''.
(2) Regulations.--The Secretary of Housing and Urban
Development shall issue regulations to implement section
1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, as added by the amendment
made by paragraph (1)(B) of this section, not later than the
expiration of the 90-day period beginning on the date of the
enactment of this Act.
SEC. 5. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL
ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS.
(a) Funding.--There is hereby made available to the Secretary of
Housing and Urban Development $20,000,000, to remain available until
expended, for providing technical assistance under section 405 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) to
integrate and coordinate assistance provided under the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.) with health care
funded by Federal programs, in collaboration with the United States
Interagency Council on Homelessness and the Secretary of Health and
Human Services.
(b) Use.--In allocating amounts made available by subsection (a),
the Secretary shall seek to--
(1) assist States and localities in integrating and
aligning policies and funding between Medicaid programs,
behavioral health providers, and housing providers to create
supportive housing opportunities; and
(2) engage State Medicaid program directors, Governors,
State housing and homelessness agencies, any other relevant
State offices, and any relevant local government entities, to
assist States in increasing use of their Medicaid programs to
finance supportive services for homeless persons.
(c) Priority.--In using amounts made available under this section,
the Secretary shall give priority to use for States and localities
having the highest numbers of chronically homeless persons.
SEC. 6. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO
HOMELESS ASSISTANCE ACT GRANTS.
Section 408 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11364) is amended to read as follows:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for each fiscal year.''.
SEC. 7. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON
HOMELESSNESS.
Section 209 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11319) is hereby repealed.
SEC. 8. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this Act, and the
amendments made by this Act, are designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act and the
amendments made by this Act are designated as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
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