89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–185 

ENSURING EQUAL ACCESS TO SHELTER ACT OF 2019 

AUGUST 13, 2019.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Ms. WATERS, from the Committee on Financial Services, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 3018] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Financial Services, to whom was referred the 

bill (H.R. 3018) to prohibit the Secretary of Housing and Urban Development from implementing a proposed rule regarding requirements under Community Planning and Development housing programs, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Section-by-Section Analysis .................................................................................... 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes and Roll Call Votes .................................................................... 3 

Statement of Oversight Findings and Recommendations of the Committee ...... 5 

Statement of Performance Goals and Objectives .................................................. 5 

New Budget Authority and CBO Cost Estimate ................................................... 5 

Committee Cost Estimate ....................................................................................... 6 

Unfunded Mandate Statement ............................................................................... 6 

Advisory Committee ................................................................................................ 6 

Application of Law to the Legislative Branch ....................................................... 6 

Earmark Statement ................................................................................................. 6 

Duplication of Federal Programs ............................................................................ 6 

Changes to Existing Law ........................................................................................ 6 


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1 24 CFR Part 5 https://files.hudexchange.info/resources/documents/Equal-Access-Final-Rule2016.pdf. 2 Chapin Hall at the University of Chicago, ‘‘Missed Opportunities: Youth Homelessness in 

America.’’ 3 National Alliance to End Homelessness, ‘‘The Alliance’s Statement on Proposed Changes to 

HUD’s Equal Access Rule.’’ May 2019. 4 Chapin Hall at the University of Chicago, ‘‘Missed Opportunities: Youth Homelessness in 

America.’’ 5Durso, Laura E. and Gates, Gary J., ‘‘Serving Our Youth Report.’’ July 2012. 

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 ‘‘Ensuring Equal Access to Shelter Act of 2019’’. 

SEC. 2. PROHIBITION ON IMPLEMENTATION OF RULE. 

The Secretary of Housing and Urban Development may not implement, administer, enforce, or in any manner make effective the proposed rule entitled ‘‘Revised 

Requirements Under Community Planning and Development Housing Programs’’, 

published by the Department of Housing and Urban Development in Spring 2019 

(Docket No. FR-6152; RIN: 2506-AC53), or any final rule based substantially on 

such proposed rule. 

PURPOSE AND SUMMARY

On May 23, 2019, Rep. Jennifer Wexton introduced H.R. 3018, 

the ‘‘Ensuring Equal Access to Shelter Act of 2019,’’ which would 

prohibit the Secretary of HUD from implementing a proposed rule 

that would allow shelter providers to deny transgender and gender 

non-conforming people equal access to homeless shelters. 

BACKGROUND AND NEED FOR LEGISLATION

HUD’s ‘‘Equal Access Rule’’ requires shelter providers to ensure 

that their operations and policies support equal access to shelter 

and services ‘‘in accordance with an individual’s gender identity.’’1

This includes ensuring that individuals are placed, served and accommodated in accordance with the gender with which they identify regardless of the sex assigned to them at birth and regardless 

of their perceived gender identity. It also includes ensuring that an 

individual is not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical or medical 

evidence of their gender identity. 

Despite the protections in the Equal Access Rule, LGBTQ individuals experiencing homelessness continue to have difficulty gaining equal access to shelters and services. Transgender youth in 

particular are often turned away from shelters or are placed without regard to their gender identity, which can lead to isolation and 

even unsafe situations.2 Today, research indicates that more than 

half of transgender people experiencing homelessness are 

unsheltered 3 and LGBTQ youth are 120 percent more likely to experience homelessness than non-LGBTQ youth,4 accounting for 40 

percent of the homeless youth population, based on a survey of a 

sample population.5

In response to continued concerns, the Obama Administration 

issued guidance to owners and operators of HUD-funded shelters 

on how to comply with the Equal Access Rule and best serve 

transgender people experiencing homelessness. However, the 

Trump Administration withdrew this guidance in March 2017. 

While testifying in front of Congress on May 21, 2019, Secretary 

Carson assured Congresswoman Wexton that he was ‘‘not currently 


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6https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=2506-AC53. 

anticipating changing the [Equal Access Rule].’’ However, HUD announced the following day that it will propose a forthcoming rule 

that would allow shelter providers to establish policies without regard to the gender that a person identifies. The proposal would 

permit intrusive questioning and documentation requirements, 

which may also serve as a barrier to access.6

H.R. 3018 would prohibit HUD from implementing, administering, enforcing, or in any manner making effective this proposed rule, or any final rule based substantially on the May 22, 

2019 proposed rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section states that the title of the bill is the Ensuring Equal 

Access to Shelter Act of 2019. 

Section 2. Prohibition 

This section prohibits the Secretary of HUD from implementing, 

administering, enforcing, or in any manner making effective the 

proposed rule entitled ‘‘Revised Requirements Under Community 

Planning and Development Housing Programs,’’ published by HUD 

in Spring 2019 (Docket No. FR–6152) or any final rule based substantially on such proposed rule. 

HEARINGS

For the purposes of section 103(i) of H. Res. 6 for the 116th Congress, the Committee on Financial Services held a hearing, from 

which H.R. 3018 was developed, entitled, ‘‘Housing in America: 

Oversight of the U.S. Department of Housing and Urban Development’’ on May 16, 2019. Testifying before the Committee was Dr. 

Ben Carson, Secretary of HUD. 

COMMITTEE CONSIDERATION

The Committee on Financial Services met in open session on 

June 11, 2019 and ordered H.R 3018 to be reported favorably to the 

House with an amendment in the nature of a substitute by a vote 

of 33 yeas and 26 nays, a quorum being present. 

COMMITTEE VOTES AND ROLL CALL VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

roll call votes occurred during the Committee’s consideration of 

H.R. 3018. 


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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 

descriptive portions of this report. 

STATEMENT OF PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause (3)(c) of rule XIII of the Rules of the House 

of Representatives, the goals of H.R. 3018 are to prohibit discrimination against transgender and gender-nonconforming people when 

accessing assistance at homeless shelters. 

NEW BUDGET AUTHORITY AND CBO COST ESTIMATE

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a) of the Congressional Budget 

Act of 1974, and pursuant to clause 3(c)(3) of rule XIII of the Rules 

of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the Committee has received the following estimate for H.R. 3018 from the Director of the Congressional Budget Office: 

H.R. 3018 would prevent the Secretary of Housing and Urban 

Development (HUD) from implementing a rule that the agency included in the Unified Agenda of Federal Regulatory and Deregulatory Actions in Spring 2019. The agenda item is entitled ‘‘Revised 

Requirements Under Community Planning and Development Housing Programs’’ (Docket No. FR–6152; RIN: 2506–AC53) and indicates that HUD will propose the rule in September 2019. The agency had not issued a notice of proposed rulemaking nor the rule 

itself by the time CBO transmitted this estimate; therefore, CBO’s 

baseline does not incorporate any effects from the rule. Accordingly, 

CBO estimates that implementing H.R. 3018 would have no effect 

on the federal budget. 

The CBO staff contact for this estimate is Elizabeth Cove Delisle. 

The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 


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COMMITTEE COST ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison of the costs 

that would be incurred in carrying out H.R. 3018. However, clause 

3(d)(2)(B) of that rule provides that this requirement does not 

apply when the committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional 

Budget Act. 

UNFUNDED MANDATE STATEMENT

Pursuant to Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, Pub. L. 104–4), the Committee 

adopts as its own the estimate of federal mandates regarding H.R. 

3018, as amended, prepared by the Director of the Congressional 

Budget Office. 

ADVISORY COMMITTEE

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Pursuant to section 102(b)(3) of the Congressional Accountability 

Act, Pub. L. No. 104–1, H.R. 3018, as amended, does not apply to 

terms and conditions of employment or to access to public services 

or accommodations within the legislative branch. 

EARMARK STATEMENT

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 3018 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as described in clauses 9(e), 9(f), and 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee states that no provision of H.R. 

3018 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. 

CHANGES TO EXISTING LAW

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

changes to existing law. 


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MINORITY VIEWS 

Committee Republicans believe all Americans should have access 

to shelters when needed. However, H.R. 3018, the Ensuring Equal 

Access to Shelter Act of 2019, is premature. H.R. 3018 prohibits the 

implementation of a rule that has yet to be published or even 

issued for public comment by the U.S. Department of Housing and 

Urban Development (HUD). 

On May 22, 2019, the Office of Management and Budget’s (OMB) 

2019 Spring Regulatory Agenda announced that HUD would consider changes to the previous administration’s Equal Access rule 

published in 2016. In the announcement, HUD signaled its intent 

to end the policy prohibiting shelters from establishing their own 

procedures with regard to facilities and operations. Rather, HUD 

shared its view that local shelters should have the flexibility to set 

their own policies, consistent with local law and practical concerns, 

when considering a person’s sex during admission to a unisex or 

same-sex homeless facility. HUD views this potential change as essential to creating a welcoming and safe space for all individuals 

in a shelter that is best suited to attend to their individual needs. 

Committee Republicans believe that HUD is justified in opening 

this regulation up for a public comment period, so the on the 

ground service providers will have the chance to weigh in. 

Committee Republicans are fully committed to the fair treatment 

of all individuals under the Fair Housing Act. To be clear, HUD’s 

proposed changes would neither repeal the rule nor remove fair 

housing protections for the most vulnerable. Instead, Committee 

Republicans believe local agencies are best positioned to conduct reviews of their regulations. Doing so will allow this type of policy 

to be crafted at the local level, by the professionals who have experience in dealing with the particular circumstances of their local 

population and community needs. 

TOM EMMER. 

BARRY LOUDERMILK. 

LANCE GOODEN. 

DAVID KUSTOFF. 

TEDD BUDD. 

SCOTT R. TIPTON. 

PETER T. KING. 

DENVER RIGGLEMAN. 

ANTHONY GONZALEZ. 

JOHN W. ROSE. 

BRYAN STEIL. 

J. FRENCH HILL. 

TREY HOLLINGSWORTH. 


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ROGER WILLIAMS. SEAN P. DUFFY. WARREN DAVIDSON. BLAINE LUETKEMEYER. BILL HUIZENGA. STEVE STIVERS. ANN WAGNER. LEE M. ZELDIN. ALEXANDER X. MOONEY. ANDY BARR. BILL POSEY. FRANK D. LUCAS. PATRICK T. MCHENRY. 

Æ 


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