[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5004 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5004

To authorize the Secretary of Housing and Urban Development to provide 
funding to public housing agencies for the purpose of providing tenant-
  based assistance to individuals experiencing an economic crisis or 
               natural disaster, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2020

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

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Housing and Urban Development to provide 
funding to public housing agencies for the purpose of providing tenant-
  based assistance to individuals experiencing an economic crisis or 
               natural disaster, 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 ``Crisis Housing Act of 2020''.

SEC. 2. CRISIS HOUSING ASSISTANCE PROGRAM.

    (a) In General.--Title I of the United States Housing Act of 1937 
(42 U.S.C. 1437 et seq.) is amended by adding at the end the following:

``SEC. 39. CRISIS HOUSING ASSISTANCE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Affected area.--The term `affected area' means--
                    ``(A) a State in which a trigger event occurs;
                    ``(B) a county in which a trigger event occurs; or
                    ``(C) an Indian tribal government that is subject 
                to a trigger event.
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(3) County.--The term `county' means a county, parish, or 
        other equivalent county division, as defined by the Bureau of 
        the Census.
            ``(4) Eligible recipient.--The term `eligible recipient' 
        means a family--
                    ``(A)(i) that is a low-income family; or
                            ``(ii) that has been determined to require 
                        housing assistance by the Administrator under 
                        section 408(b) of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5174(b));
                    ``(B)(i) that resides or is homeless in an affected 
                area on a date that is on or not more than 7 days 
                before the date on which a trigger event occurs in the 
                affected area, regardless of whether the family resides 
                or experiences homelessness in the affected area on the 
                date on which the family applies for assistance under 
                this section; or
                    ``(ii) that is governed by an Indian tribal 
                government that is subject to a trigger event; and
                    ``(C) that, not later than 180 days after the date 
                on which the trigger event described in subparagraph 
                (B) occurs, submits an application to a public housing 
                agency for rental assistance under this section.
            ``(5) Homeless.--The term `homeless' has the meaning given 
        the term in section 103 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11302).
            ``(6) Indian tribal government.--The term `Indian tribal 
        government' has the meaning given the term in section 102 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5122).
            ``(7) Rental assistance.--The term `rental assistance' 
        means tenant-based assistance that is authorized under this 
        section.
            ``(8) Rental contribution.--The term `rental contribution' 
        means a contribution of an eligible recipient towards the 
        rental price of a housing unit paid for with rental assistance.
            ``(9) State.--The term `State' means any State of the 
        United States, the District of Columbia, and any territory of 
        the United States.
            ``(10) Tenant-based assistance.--The term `tenant-based 
        assistance' means housing assistance that allows an eligible 
        recipient to--
                    ``(A) select a housing unit where the eligible 
                recipient will be assisted under this section; and
                    ``(B) move to another housing unit and continue to 
                receive assistance under this section, as long as the 
                eligible recipient complies with the requirements of 
                this section.
            ``(11) Tribally designated housing entity.--The term 
        `Tribally designated housing entity' has the meaning given the 
        term `tribally designated housing entity' in section 4 of the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4103).
            ``(12) Trigger event.--The term `trigger event' means--
                    ``(A) with respect to a State--
                            ``(i) an increase in the 6-month moving 
                        average of the unemployment rate in the State 
                        that is not less than 0.5 percentage points 
                        greater than the lowest unemployment rate in 
                        the State during the 12-month period preceding 
                        the date of the increase; or
                            ``(ii) a major disaster under which 
                        assistance is authorized under section 408 of 
                        the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5174) in 
                        counties in which a majority of the residents 
                        of the State reside;
                    ``(B) with respect to a county, a major disaster 
                under which assistance is authorized for individuals in 
                the county under section 408 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5174); and
                    ``(C) with respect to an Indian tribal government--
                            ``(i) an event described in subparagraph 
                        (A) that occurs within a State in which the 
                        Indian tribal government is located;
                            ``(ii) an event described in subparagraph 
                        (B) that occurs within a county in which the 
                        Indian tribal government is located;
                            ``(iii) an increase in the 6-month moving 
                        average of the unemployment rate of the 
                        individuals governed by the Indian tribal 
                        government that is not less than 0.5 percentage 
                        points greater than the lowest unemployment 
                        rate of the individuals governed by the Indian 
                        tribal government during the 12-month period 
                        preceding the date of the increase; or
                            ``(iv) a major disaster under which 
                        assistance is authorized for individuals 
                        governed by the Indian tribal government under 
                        section 408 of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5174).
    ``(b) Program Authorized.--
            ``(1) In general.--The Secretary shall provide funding to 
        public housing agencies that provide rental assistance to 
        eligible recipients under this section in accordance with this 
        subsection.
            ``(2) Acceptance of applications.--A public housing agency 
        may begin to accept applications for rental assistance on the 
        date on which the Secretary provides notice to the public 
        housing agency under subsection (h)(2).
            ``(3) Confirmation of eligibility.--Not later than 30 days 
        after the date on which a public housing agency receives an 
        application for rental assistance from an individual--
                    ``(A) the public housing agency shall coordinate 
                with the Secretary to determine whether the individual 
                qualifies as an eligible recipient; and
                    ``(B) the Secretary shall confirm the determination 
                made under subparagraph (A).
            ``(4) Issuing of rental assistance.--For each individual 
        who applies to a public housing agency that is confirmed as an 
        eligible recipient under paragraph (3)--
                    ``(A) the Secretary shall guarantee payment to the 
                public housing agency for the cost of rental assistance 
                and the administrative fees established under 
                subsection (f); and
                    ``(B) the public housing agency shall issue rental 
                assistance to the eligible recipient.
            ``(5) Priority in the case of a major disaster.--In issuing 
        rental assistance under paragraph (4)(B), an eligible public 
        housing agency shall prioritize the eligible recipients 
        described in subsection (a)(4)(A)(ii).
            ``(6) Incremental increase in rental contribution.--
                    ``(A) In general.--The Secretary may require that 
                the rental contribution of an eligible recipient 
                receiving rental assistance incrementally increases 
                beginning on the date that is 1 year after the date on 
                which the first rental payment on a housing unit using 
                the rental assistance occurs.
                    ``(B) Frequency.--An increase described in 
                subparagraph (A) may occur not more frequently than 
                quarterly.
                    ``(C) Amounts.--
                            ``(i) First increase.--The first increase 
                        described in subparagraph (A) shall be in an 
                        amount that ensures that an eligible recipient 
                        contributes not more than 30 percent of the 
                        adjusted income of the eligible recipient 
                        towards a rental unit.
                            ``(ii) Final increase.--The final increase 
                        described in subparagraph (A) shall be in an 
                        amount that ensures that an eligible recipient 
                        contributes not more than 40 percent of the 
                        adjusted income of the eligible recipient 
                        towards a rental unit.
                    ``(D) Decrease.--At any time, the Secretary may 
                reduce a rental contribution of an eligible recipient 
                receiving rental assistance if the adjusted income of 
                the eligible recipient decreases suddenly.
                    ``(E) Limit.--An eligible recipient may not be 
                required to contribute more than 40 percent of the 
                adjusted income of the eligible recipient towards a 
                rental unit paid for with rental assistance.
            ``(7) Tribally designated housing entities.--In the case of 
        an eligible recipient that is eligible as a result of a trigger 
        event described in subsection (a)(12)(C), a Tribally designated 
        housing entity may be considered a public housing agency for 
        the purpose of this section.
            ``(8) Reasonable rent.--The rental price for a housing unit 
        paid for with rental assistance shall be reasonable in 
        comparison with rents charged for comparable housing units in 
        the private, unassisted local market of the area in which the 
        housing unit is located.
    ``(c) Housing Counseling and Support.--
            ``(1) In general.--The Secretary, through agreements with 
        public housing agencies issuing rental assistance, shall 
        provide housing counseling services to eligible recipients 
        receiving rental assistance.
            ``(2) Services.--The housing counseling services provided 
        under this subsection shall include assisting an eligible 
        recipient find housing--
                    ``(A) with the rental assistance; and
                    ``(B) after the expiration of the rental 
                assistance.
            ``(3) Additional assistance.--The Secretary may provide 
        funding to public housing agencies for the purpose of paying 
        for utility and security deposits that are necessary in order 
        for eligible recipients to secure housing with rental 
        assistance.
            ``(4) Nonprofit organizations.--A public housing agency may 
        enter into an agreement with a community nonprofit organization 
        to deliver housing counseling services under this subsection.
    ``(d) Timeline for Rental Assistance.--
            ``(1) In general.--Rental assistance shall expire on the 
        date that is 2 years after the date on which the first rental 
        payment on a housing unit using the rental assistance occurs.
            ``(2) Extension.--The Secretary shall extend the validity 
        of rental assistance expiring under paragraph (1) for 1 
        additional year if--
                    ``(A) in the case of rental assistance of an 
                eligible recipient that receives the rental assistance 
                as a result of a trigger event that is an increase in 
                the 6-month moving average of the unemployment rate of 
                an affected area, on the date that is 2 years after the 
                date on which the trigger event occurred, the 
                unemployment rate of the affected area is not less than 
                2 percentage points greater than it was on the date on 
                which the trigger event occurred; and
                    ``(B) in the case of rental assistance of an 
                eligible recipient that receives the rental assistance 
                as a result of a trigger event occurring in an affected 
                area that is a major disaster under which assistance is 
                authorized under section 408 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5174), the Governor of the State in which the affected 
                area is located, in consultation with the 
                Administrator, if appropriate--
                            ``(i) requests the extension; and
                            ``(ii) determines that the housing in the 
                        affected area that is available to low-income 
                        families has not recovered from the trigger 
                        event.
            ``(3) Additional trigger event.--If an eligible recipient 
        receiving rental assistance as a result of a trigger event 
        resides in an affected area on or not more than 7 days before 
        the date on which an additional trigger event occurs, or if an 
        eligible recipient receiving rental assistance as a result of a 
        trigger event is governed by an Indian tribal government that 
        is subject to an additional trigger event, the Secretary 
        shall--
                    ``(A) extend the validity of the rental assistance 
                until the date that is 2 years after the date of the 
                additional trigger event; and
                    ``(B) extend the validity of the rental assistance 
                for 1 additional year if the additional trigger event 
                meets the requirements of a trigger event under 
                subparagraph (A) or (B) of paragraph (2).
            ``(4) Elimination.--The Secretary may require a public 
        housing agency to invalidate rental assistance of an eligible 
        recipient that--
                    ``(A) selects a housing unit with the rental 
                assistance with a rental price that violates subsection 
                (b)(7); or
                    ``(B) relinquishes the rental assistance.
            ``(5) Rental assistance tied to recipient.--An eligible 
        recipient may not transfer rental assistance to any other 
        person.
    ``(e) Other Rental Assistance.--
            ``(1) Prohibition on duplicate assistance.--An eligible 
        recipient who receives other tenant-based assistance under 
        section 8 may not receive rental assistance under this section.
            ``(2) Waitlist for other rental assistance.--With respect 
        to an eligible recipient of rental assistance who is on a 
        waitlist for other tenant-based assistance under section 8(o)--
                    ``(A) the place or preference status on that 
                waitlist of the eligible recipient may not be changed 
                as a result of the receipt of a rental assistance; and
                    ``(B) if the other tenant-based assistance becomes 
                available to the eligible recipient--
                            ``(i) the eligible recipient may elect to 
                        use that other tenant-based assistance; and
                            ``(ii) if the eligible recipient makes an 
                        election under clause (i), the rental 
                        assistance under this section shall be 
                        eliminated.
    ``(f) Administrative Fees.--
            ``(1) In general.--The Secretary, in consultation with 
        public housing agencies and professional associations of public 
        housing agencies, shall establish fees to pay public housing 
        agencies for the costs of--
                    ``(A) administering rental assistance; and
                    ``(B) providing the housing counseling and support 
                services required under subsection (c).
            ``(2) Consideration of other administrative fees.--In 
        establishing the administrative fees required under paragraph 
        (1), the Secretary shall consider--
                    ``(A) the administrative fees established under 
                section 8(q); and
                    ``(B) any administrative fees established to 
                support public housing agencies under--
                            ``(i) an interagency agreement between the 
                        Administrator and the Secretary to ensure the 
                        implementation of a Disaster Housing Assistance 
                        Program under section 408 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5174) relating to 
                        hurricanes Gustav, Ike, Katrina, Rita, or 
                        Sandy; or
                            ``(ii) any other interagency agreement with 
                        a similar purpose to the interagency agreement 
                        described in clause (i).
            ``(3) Relocating families.--The Secretary shall ensure 
        that, with respect to an eligible recipient that moves to a 
        dwelling unit under section 8(r) that is located in an area 
        over which the public housing agency that issues rental 
        assistance to the eligible recipient does not have 
        jurisdiction, the public housing agency that has jurisdiction 
        over the dwelling unit receives the appropriate amount of 
        administrative fees under this subsection on account of the 
        eligible recipient.
    ``(g) Coordination.--The Commissioner of the Bureau of Labor 
Statistics shall coordinate with the Assistant Secretary of Indian 
Affairs to develop reliable unemployment measures for American Indian, 
Native Alaskan, and Native Hawaiian communities in order to understand 
when the requirements for a trigger event under subsection 
(a)(12)(C)(ii) are met.
    ``(h) Notification Requirements.--
            ``(1) Notifications to secretary.--
                    ``(A) Administrator.--On the date on which a 
                trigger event occurs that is a major disaster under 
                which assistance is authorized under section 408 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5174), the Administrator 
                shall notify the Secretary of--
                            ``(i) the trigger event; and
                            ``(ii) the affected area in which the 
                        trigger event occurs.
                    ``(B) Secretary of labor.--On the date on which a 
                trigger event occurs that is an increase in the 6-month 
                moving average of the unemployment rate of an affected 
                area, the Secretary of Labor shall notify the Secretary 
                of--
                            ``(i) the trigger event; and
                            ``(ii) the affected area in which the 
                        trigger event occurs.
            ``(2) Notification by secretary.--Not later than 14 days 
        after the date on which a trigger event occurs, the Secretary, 
        in coordination with the Administrator, if appropriate, shall 
        notify public housing agencies, the affected area in which the 
        trigger event occurs, Congress, and the public of--
                    ``(A) the trigger event; and
                    ``(B) the availability of rental assistance for 
                eligible recipients under this section.
    ``(i) Duplication of Benefits.--
            ``(1) In general.--An eligible recipient receiving rental 
        assistance may not concurrently receive any other Federal, 
        State, territorial, local, or Tribal housing assistance, 
        including housing assistance under section 408 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5174).
            ``(2) Regulations.--The Secretary shall establish 
        regulations to prevent the concurrent receipt of assistance 
        under paragraph (1).
    ``(j) Regulations.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this section, the Secretary, in coordination 
        with the Administrator, shall promulgate regulations to 
        implement this section.
            ``(2) Section 8(o) regulations.--In issuing the regulations 
        required under paragraph (1), the Secretary may make a 
        regulation that is applicable to section 8(o) applicable to 
        this section, including any regulation relating to the 
        elimination of tenant-based assistance for a family that 
        commits fraud in order to receive the tenant-based assistance.
    ``(k) Appropriations.--Out of any money in the Treasury of the 
United States not otherwise appropriated, there are appropriated to the 
Department of Housing and Urban Development such sums as may be 
necessary to carry out this section.
    ``(l) Emergency Designation.--
            ``(1) In general.--The amounts provided by this section 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)).
            ``(2) Designation in senate.--In the Senate, this section 
        is designated as an emergency requirement pursuant to section 
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
        resolution on the budget for fiscal year 2018.''.
    (b) Definition of Public Housing Agency.--Section 3(b)(6)(B) of the 
United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(B)) is 
amended--
            (1) by striking the paragraph heading and inserting 
        ``Section 8 or section 39 program''; and
            (2) in the matter preceding clause (i), by inserting ``or 
        section 39'' after ``section 8''.
    (c) Portability.--Section 8(r) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(r)) is amended--
            (1) in paragraph (1) by inserting ``or section 39'' after 
        ``subsection (o)'';
            (2) in paragraph (3), by inserting ``or section 39'' after 
        ``subsection (o)'' each place it appears; and
            (3) in paragraph (5)--
                    (A) by inserting ``or section 39'' after ``under 
                the tenant-based assistance program'' each place it 
                appears; and
                    (B) by inserting ``or section 39, as applicable,'' 
                after ``section 8 program''.
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