[House Report 119-342]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-342
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CLEAN AND MANAGED PUBLIC SPACES ACT
_______
October 14, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Comer, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5163]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 5163) to prohibit camping on public
property in the District of Columbia, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Section-by-Section Analysis...................................... 3
Legislative History.............................................. 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 4
Explanation of Amendments........................................ 6
List of Related Committee Hearings............................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Application of Law to the Legislative Branch..................... 6
Duplication of Federal Programs.................................. 6
Federal Advisory Committee Act Statement......................... 7
Unfunded Mandates Reform Act Statement........................... 7
Earmark Identification........................................... 7
Committee Cost Estimate.......................................... 7
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 11
Minority Views................................................... 13
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean and Managed Public Spaces Act''.
SEC. 2. PROHIBITION ON CAMPING ON PUBLIC PROPERTY IN DISTRICT OF
COLUMBIA.
Section 824 of the Act to establish a code of law for the District of
Columbia, as approved March 3, 1901 (sec. 22-3302, D.C. Official Code)
is amended by adding at the end the following new subsection:
``(c)(1) Any person who, without lawful authority, engages in camping
outdoors on public property in the District of Columbia shall be fined
not more than $500, imprisoned for not more than 30 days, or both.
``(2) For purposes of this subsection, the term `camping' means
erecting, placing, maintaining, or using temporary structures,
including tents, tarps, and other temporary shelters for living
accommodation activities, including sleeping or making preparations to
sleep, sleeping inside or outside of a motor vehicle or making
preparations to sleep outside of a motor vehicle, including laying down
a sleeping bag, blanket, or other material used for bedding.''.
Summary and Purpose of Legislation
This bill amends D.C. Code (sec. 22-3302; Unlawful entry on
property.) to impose a fine of not more than $500, or
imprisonment for not more than 30 days, or both, as a penalty
for camping outdoors on public property in the District of
Columbia after the date of enactment.
Background and Need for Legislation
Roughly seven people per 1,000 residing in Washington, D.C.
are homeless, which is one of the highest rates per capita of
any U.S. jurisdiction\1\ and seven times higher than the
regional average.\2\ In July, President Trump issued an
Executive Order directing his administration to take steps to
combat vagrancy and open drug use and increase accountability
and safety in homeless programs.\3\ D.C. Mayor Muriel Bowser,
at the behest of President Trump, has cleared homeless
encampments before.\4\ While the D.C. Municipal Regulations set
a penalty of not more than $300 for unauthorized use of public
spaces beyond what is permitted by law and regulations,\5\ D.C.
officials reportedly only began enforcing this regulation in
September 2025,\6\ and the D.C. Code does not explicitly
prohibit camping outdoors on public property. This legislation
provides legal certainty and enforcement tools for Metropolitan
Police to address homelessness and vagrancy in D.C.
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\1\POINT IN TIME COUNTS BY STATE, NAT'L ALL. TO END HOMELESSNESS,
available at https://endhomelessness.org/resources/toolkits-and-
training-materials/2025-homelessness-data-dashboards/state-pit-counts/
(last visited Sept. 12, 2025).
\2\Andrew Mark Miller, DC's homeless response rife with years of
mismanagement, wasteful spending amid Trump crackdown, FOX NEWS (Aug.
19, 2025).
\3\Executive Order 14321, 90 Fed. Reg. 35817 (Jul. 24, 2025).
\4\Mark Segraves & Juliana Valencia, DC gives some homeless camp
residents 1 day to leave after Trump orders removal, NEWS4 WASH. (Mar.
6, 2025).
\5\D.C. Municipal Regulations Sec. 24-100.
\6\Mimi Montgomery, Homeless individuals and tents remain in D.C.
amid Trump's crackdown, AXIOS (Sept. 3, 2025).
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Through the Full-Year Continuing Appropriations and
Extensions Act of 2025, Congress appropriated $4.051 billion
for the U.S. Housing and Urban Development (HUD)'s Homeless
Assistance Grants programs, which addresses homelessness
nationwide.\7\ The 2026 President's Budget request of $4.024
billion consolidates HUD homeless assistance within a more
targeted Emergency Solution Grants block grant program,
reducing administrative complexity and allowing for more
targeted, quicker assistance to empower homeless individuals
and families to regain stability without long-term dependency
on public assistance.\8\ In Fiscal Year 2025, the District of
Columbia appropriated $536.8 million for homeless services.\9\
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\7\Homeless Assistance--Emergency Solutions Grants, DEP'T OF HOUS.
AND URB. DEV. OFF. OF CMTY. PLAN. AND DEV., available at https://
www.hud.gov/sites/dfiles/CFO/documents/2026_CJ_Program_HAG.pdf (last
visited Sept. 12, 2025).
\8\Id.
\9\D.C.'s Commitment to Affordable Housing, COUNCIL OF THE DIST. OF
COLUMBIA OFF. OF THE BUDGET DIR., available at https://
www.dccouncilbudget.com/dcs-commitment-to-
affordable-housing (last visited Sept. 12, 2025).
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The U.S. Congress has a constitutional duty to oversee the
District of Columbia. Specifically, under the U.S.
Constitution, Congress is granted ``exclusive Legislation in
all Cases whatsoever'' over the District. By requiring fines or
imprisonment, or both, for individuals who camp on public
property in D.C., the bill will ensure that homeless
individuals have every incentive to accept placements in
homeless shelters, which will give them better access to the
resources and support that Congress and the District of
Columbia have appropriated for.
Section-by-Section Analysis
Section 1. Short title
The short title is the ``Clean and Managed Public Spaces
Act''.
Section 2. Prohibition on camping on public property in District of
Columbia
Adds a new subsection to D.C. Code (sec. 22-3302. Unlawful
entry on property.) prohibiting any person, without lawful
authority, from engaging in camping outdoors on public property
in the District. Individuals who do so will be fined not more
than $500, imprisoned not more than 30 days, or both. The term
``camping'' means using temporary structures, such as tents and
tarps, for living accommodation activities, including sleeping
or making preparations to sleep, sleeping inside or outside of
a motor vehicle or making preparations to do so, or laying down
on a sleeping bag, blanket, or other material used for bedding.
Legislative History
H.R. 5163, the Clean and Managed Public Spaces Act, was
introduced on September 9, 2025, by Representative William
Timmons (R-SC). The bill was referred to the Committee on
Oversight and Government Reform. The Committee considered H.R.
5163 at a business meeting on September 10, 2025, and ordered
the bill as amended favorably reported by a recorded vote.
Committee Consideration
On September 10, the Committee met in open session and
ordered the bill, H.R. 5163, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
25-20, a quorum being present.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following roll call vote
occurred during the Committee's consideration of H.R. 5163:
The roll call vote was on favorably reporting H.R. 5163.
The bill was agreed to in a recorded vote of 25-20.
Explanation of Amendments
During Committee consideration of the bill, Representative
James Comer (R-KY), Chairman of the Committee, offered an
amendment in the nature of a substitute that made a certain
technical change to the bill. The amendment in the nature of a
substitute passed by voice vote.
List of Related Committee Hearings
In accordance with House rule XIII, clause 3(c)(6), (1) the
following hearing was used to develop or consider H.R. 5163:
On March 11, 2025, the Committee on Oversight and
Government Reform subcommittee on Federal Law Enforcement held
a legislative hearing titled ``Enhancing Federal, State, and
Local Coordination in the Fight Against Criminal Illegal
Aliens'' with Joseph Humire, Executive Director, The Center for
a Secure Free Society; the Honorable Bob Gaultieri, Sheriff,
Pinellas County, Florida; and Kerry E. Doyle, Former Principal
Legal Advisor, U.S. Immigration and Customs Enforcement.
(2) The following related hearing was held:
On March 11, 2025, the Committee on Oversight and
Government Reform subcommittee on Federal Law Enforcement held
a legislative hearing titled ``Enhancing Federal, State, and
Local Coordination in the Fight Against Criminal Illegal
Aliens'' with Joseph Humire, Executive Director, The Center for
a Secure Free Society; the Honorable Bob Gaultieri, Sheriff,
Pinellas County, Florida; and Kerry E. Doyle, Former Principal
Legal Advisor, U.S. Immigration and Customs Enforcement.
Statement of Oversight Findings and Recommendations
of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the Background and Need for
Legislation section above.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals or objectives of this bill are to prohibit camping on
public property in the District of Columbia.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill does not relate to employment or access to public
services and accommodations in the legislative branch.
Duplication of Federal Programs
In accordance with clause 3(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Federal Advisory Committee Act Statement
Pursuant to section 5(b) of Public Law 92-463 (5 U.S.C.
1004(b)), the Federal Advisory Committee Act, the Committee
finds that this Committee Print does not direct the
establishment of an advisory committee.
Unfunded Mandates Reform Act Statement
Pursuant to section 423 of the Congressional Budget Act of
1974 the Committee has included a letter received from the
Congressional Budget Office below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Cost Estimate
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the Committee includes below a cost
estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(d)(1) of House rule XIII, the cost
estimate prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974 is as follows:
Summary of legislation: On September 10, 2025, the House
Committee on Oversight and Government Reform ordered 14 bills
to be reported. This document provides estimates for nine of
those bills.
Estimated Federal cost: The costs of the legislation fall
within budget function 800 (general government) and 300
(natural resources and environment).
Basis of estimate: For this estimate, CBO assumes that each
bill will be enacted by the end of calendar year 2025 and that
the estimated amounts will be appropriated each year. This cost
estimate does not include any effects of interactions among the
pieces of legislation. If all nine bills were combined and
enacted as a single piece of legislation, the effects could be
different from the sum of the separate estimates, although CBO
expects that any differences would be small.
Spending subject to appropriation: CBO estimates that
implementing three of the bills, H.R. 5103, H.R. 5179, and H.R.
5183, would increase spending subject to appropriation by
insignificant amounts. Any related spending for those bills
would be subject to the availability of appropriated funds. We
further estimate that implementing the other six bills, H.R.
2693, H.R. 5107, H.R. 5163, H.R. 5172, H.R. 5214, and H.R.
5242, would have no effect on spending subject to
appropriation.
H.R. 2693, the District of Columbia Electronic Transmittal
of Legislation Act of 2025, would amend the District of
Columbia Home Rule Act to explicitly allow the chair of the
Council of the District of Columbia to electronically transmit
to the Congress any act passed by the council; under current
law physical copies must be delivered. CBO estimates enacting
H.R. 2693 would have no cost to the federal government.
H.R. 5103, the Make the District of Columbia Safe and
Beautiful Act of 2025, would expand Executive Order 14252 to
require the Department of the Interior to implement a
beautification program in the district. The bill also would
establish within the executive branch the District of Columbia
Safe and Beautiful Commission to develop and coordinate
priorities for the full enforcement of federal and local laws
within the District of Columbia. The bill also would require
the commission to report its findings to the Congress. The
authority for the program and the commission would end on
January 2, 2029. Based on the cost of similar activities, CBO
estimates that the cost of implementing H.R. 5103 would be
insignificant over the 2026-2030 period.
H.R. 5107, the CLEAN DC Act of 2025, would repeal sections
of the Comprehensive Policing and Justice Reform Amendment Act
of 2022 (D.C. Law 24-345), which established certain
restrictions and requirements for the Metropolitan Police
Department. Because the bill would affect only the District of
Columbia, CBO estimates that enacting H.R. 5107 would have no
cost to the federal government.
H.R. 5163, the Clean and Managed Public Spaces Act, would
impose civil and criminal penalties for camping on public
property within the District of Columbia. Because the bill
would affect only the District of Columbia, CBO estimates that
enacting H.R. 5163 would have no cost to the federal
government.
H.R. 5172, the Strong Sentences for Safer D.C. Streets Act
of 2025, would make changes to the District of Columbia Code
regarding mandatory minimum sentencing guidelines for various
violent offenses. Because the bill would affect only the
District of Columbia, CBO estimates that enacting H.R. 5172
would have no cost to the federal government.
H.R. 5179, the District of Columbia Attorney General
Appointment Reform Act of 2025, would amend the District of
Columbia Home Rule Act by overturning the election of the
current attorney general for the District of Columbia and
authorizing the President to appoint a new attorney general.
The current attorney general's appointment would terminate on
the date of enactment. Based on the cost of similar activities,
CBO estimates that the cost of implementing H.R. 5179 would be
insignificant over the 2026-2030 period.
H.R. 5183, the District of Columbia Home Rule Improvement
Act of 2025, would amend the District of Columbia Home Rule Act
to establish a uniform 60-day Congressional review period for
all legislation, regulations, and executive actions of the
District of Columbia; create a line-item veto during
Congressional review; eliminate the ability of the Council of
the District of Columbia to extend emergency laws; prohibit the
council from withdrawing legislation from the Congressional
review process; and prohibit the council from passing laws that
are substantially similar to legislation disapproved by the
Congress. The bill also would provide for expedited
consideration of resolutions of disapproval within the House
and the Senate. Based on the cost of similar activities, CBO
estimates that the cost of implementing H.R. 5183 would be
insignificant over the 2026-2030 period.
H.R. 5214, the District of Columbia Cash Bail Reform Act of
2025, would amend the Code of the District of Columbia to
require mandatory pretrial detention for defendants charged
with certain violent crimes and require mandatory cash bail or
bail bonds for all defendants charged with other specified
crimes. Because the bill would affect only the District of
Columbia, CBO estimates that enacting the bill would have no
cost to the federal government.
H.R. 5242, a bill to repeal the Second Chance Amendment Act
of 2022 and the Incarceration Reduction Amendment of 2016,
would repeal two laws that reduced criminal penalties for youth
offenders in the District of Columbia. Because the bill would
affect only the District of Columbia, CBO estimates that
enacting the bill would have no cost to the federal government.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. None of the bills would affect direct spending or
revenues; thus, pay-as-you-go procedures do not apply.
Increase in long-term net direct spending and deficits: CBO
estimates that none of the bills would increase net direct
spending or deficits in any of the four consecutive 10-year
periods beginning in 2036.
Mandates: CBO has determined that six of the nine bills
would impose intergovernmental mandates as defined in the
Unfunded Mandates Reform Act (UMRA). Only one, H.R. 5242, would
impose mandates that exceed the annual intergovernmental
threshold established in UMRA ($103 million in 2025, adjusted
annually for inflation).
H.R. 5242 would impose intergovernmental mandates as
defined in UMRA by preempting some laws of the District of
Columbia. CBO considers such preemptions to be
intergovernmental mandates under UMRA. The bill would repeal
two laws that reduced criminal penalties for youth offenders.
H.R. 5242 also would prohibit the city from operating an
automated traffic enforcement system and from restricting right
turns on red traffic lights. Using budget documents from the
District of Columbia, CBO estimates that automatic traffic
enforcement generates about $300 million annually and that the
city would lose that amount of revenue under the bill.
CBO has determined that the following bills also would
impose intergovernmental mandates but estimates that the cost
of the mandates in each bill would not exceed the annual
threshold established in UMRA:
H.R. 5107 would repeal most of the
Comprehensive Policing and Justice Reform Amendment Act
of 2022 (D.C. Law 24-345).
H.R. 5172 would increase mandatory minimum
sentences for certain crimes in the District of
Columbia.
H.R. 5179 would preempt D.C. law by
repealing the local election of the current attorney
general for the District of Columbia and giving
authority to the President to appoint someone to that
position.
H.R. 5183 would expand Congressional review
over the District of Columbia's laws and regulations,
limit the city's emergency authority, and create a
line-item veto during Congressional review.
H.R. 5214 would require mandatory pretrial
detention for defendants charged with violent crimes
and require cash bail or bail bonds for defendants
charged with other crimes as designated by the bill.
CBO has determined that none of the nine bills would impose
a private-sector mandate as defined in UMRA.
Estimate prepared by: Federal Costs: Matthew Pickford,
Alaina Rhee; Mandates: Andrew Laughlin.
Estimate reviewed by: Ann Futrell, Chief, Natural and
Physical Resources Cost Estimates Unit; Kathleen FitzGerald,
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules
of the House of Representatives, changes in existing law made
by the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
SECTION 3302 OF TITLE 22 OF THE DISTRICT OF COLUMBIA OFFICIAL CODE
Sec. 22-3302. Unlawful entry on property
(a)(1) Any person who, without lawful authority, shall enter,
or attempt to enter, any private dwelling, building, or other
property, or part of such dwelling, building, or other
property, against the will of the lawful occupant or of the
person lawfully in charge thereof, or being therein or thereon,
without lawful authority to remain therein or thereon shall
refuse to quit the same on the demand of the lawful occupant,
or of the person lawfully in charge thereof, shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be
punished by a fine of not more than the amount set forth in
Sec. 22-3571.01, imprisonment for not more than 180 days, or
both. The presence of a person in any private dwelling,
building, or other property that is otherwise vacant and
boarded-up or otherwise secured in a manner that conveys that
it is vacant and not to be entered, or displays a no
trespassing sign, shall be prima facie evidence that any person
found in such property has entered against the will of the
person in legal possession of the property.
(2) For the purposes of this subsection, the term ``private
dwelling'' includes a privately owned house, apartment,
condominium, or any building used as living quarters, or
cooperative or public housing, as defined in section 3(1) of
the United States Housing Act of 1937, approved August 22, 1974
(88 Stat. 654; 42 U.S.C. Sec. 1437a(b)), the development or
administration of which is assisted by the Department of
Housing and Urban Development, or housing that is owned,
operated, or financially assisted by the District of Columbia
Housing Authority.
(b) Any person who, without lawful authority, shall enter, or
attempt to enter, any public building, or other property, or
part of such building, or other property, against the will of
the lawful occupant or of the person lawfully in charge thereof
or his or her agent, or being therein or thereon, without
lawful authority to remain therein or thereon shall refuse to
quit the same on the demand of the lawful occupant, or of the
person lawfully in charge thereof or his or her agent, shall be
deemed guilty of a misdemeanor, and on conviction thereof shall
be punished by a fine of not more than the amount set forth in
Sec. 22-3571.01, imprisonment for not more than 6 months, or
both.
(c)(1) Any person who, without lawful authority, engages in
camping outdoors on public property in the District of Columbia
shall be fined not more than $500, imprisoned for not more than
30 days, or both.
(2) For purposes of this subsection, the term ``camping''
means erecting, placing, maintaining, or using temporary
structures, including tents, tarps, and other temporary
shelters for living accommodation activities, including
sleeping or making preparations to sleep, sleeping inside or
outside of a motor vehicle or making preparations to sleep
outside of a motor vehicle, including laying down a sleeping
bag, blanket, or other material used for bedding.
MINORITY VIEWS
Democrats strongly oppose H.R. 5163, a bill to fine and
criminalize the homeless in the District of Columbia.
Homelessness is a challenge that we should be doing
everything to address. And yet, Republicans are criminalizing
poverty for people who have few or no other places to go. This
legislation would be a cruel and counterproductive approach to
tackling issues of homelessness--paid for by taxpayers.
A bill that makes it a crime to be poor or homeless is
wrong. A bill that does nothing to increase housing supply,
provides zero services, and does nothing to make housing
affordable is wrong.
In reality, a person living on the street cannot pay a $500
fine, so they would be jailed for a month. But there is nothing
for them when they get out, so they have to go back to the
street. Now, it will be even more difficult to get housing or
get a job. This legislation would create a vicious cycle that
traps our capital's most vulnerable residents in the criminal
justice system.
This is part of the Trump Administration's efforts to clear
encampments off the street. It's known as ``whack-a-mole''
policy, wherein people are just moved around. Instead of
criminalizing the poor, local officials have worked to reduce
D.C.'s homeless population by 20 percent between 2015 and 2025
through evidence-based activities. Meanwhile, the national
homeless population has increased by nearly 40 percent. The
District has expanded supportive housing, mental health
services, job training, and substance abuse treatments.
Many veterans live on our capital's streets, and District
officials and local community groups are working tirelessly to
house veterans and provide them with the care they need.
Ranking Member Takano of the Veterans Affairs Committee noted
to the Committee, ``Criminalizing homelessness, particularly
veteran homelessness, threatens to undo our critical efforts
and progress in ending veteran homelessness. From my
perspective as Ranking Member of the House Committee on
Veterans' Affairs, the penalties and displacements imposed by
this bill would actively hurt the very population we are
supposed to be helping.''\1\
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\1\Letter from Ranking Member Mark Takano, Committee on Veterans
Affairs, to Chairman James Comer, Committee on Oversight and Government
Reform, and Ranking Member Robert Garcia, Committee on Oversight and
Government Reform (Sept. 9, 2025).
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America's homeless population doesn't just include
veterans, but also families with children and women fleeing
domestic violence.
Instead of investing in solutions that work, President
Trump shut down the U.S. Interagency Council on Homelessness,
which sought to explore and address root causes of
homelessness. Now, Republicans want to criminalize people who
need our help the most.
Republicans should instead look at the ways we can address
the nation's affordable housing crisis, invest in comprehensive
mental health and substance abuse services, and ensure people
have living wages and can work with dignity.
Robert Garcia,
[all]