II 

116TH CONGRESS 

2D SESSION S. 3856 

To authorize emergency homeless assistance grants under the Emergency 

Solutions Grants program of the Department of Housing and Urban 

Development for response to the public health emergency relating to 

COVID–19, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 1, 2020 

Ms. WARREN (for herself, Ms. HIRONO, Mrs. GILLIBRAND, Mr. WYDEN, Mr. 

SANDERS, Mr. VAN HOLLEN, Mr. DURBIN, Mr. MERKLEY, Mr. BROWN, 

Mr. BLUMENTHAL, Mr. MARKEY, Mr. SCHATZ, Mr. CARDIN, Ms. KLOBUCHAR, Ms. SMITH, and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To authorize emergency homeless assistance grants under 

the Emergency Solutions Grants program of the Department of Housing and Urban Development for response 

to the public health emergency relating to COVID–19, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Health Emer5 gency Shelter Act of 2020’’. 


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1 SEC. 2. EMERGENCY HOMELESS ASSISTANCE. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

3 authorized to be appropriated under the Emergency Solu4 tions Grants program under subtitle B of title IV of the 

5 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

6 11371 et seq.) $11,500,000,000 for grants under such 

7 subtitle in accordance with this section to respond to needs 

8 arising from the public health emergency relating to the 

9 Coronavirus Disease 2019 (COVID–19). 

10 (b) FORMULA.—Notwithstanding sections 413 and 

11 414 of the McKinney-Vento Homeless Assistance Act (42 

12 U.S.C. 11372a, 11373), the Secretary of Housing and 

13 Urban Development (in this Act referred to as the ‘‘Sec14 retary’’) shall allocate amounts made available pursuant 

15 to subsection (a) in accordance with a formula to be estab16 lished by the Secretary that takes into consideration the 

17 following factors: 

18 (1) Risk of transmission of COVID–19 in a ju19 risdiction. 

20 (2) Whether a jurisdiction has a high number 

21 or rate of sheltered and unsheltered homeless indi22 viduals and families. 

23 (3) Economic and housing market conditions in 

24 a jurisdiction. 

25 (c) ELIGIBLE ACTIVITIES.— 


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1 (1) IN GENERAL.—In addition to eligible activi2 ties under section 415(a) of the McKinney-Vento 

3 Homeless Assistance Act (42 U.S.C. 11374(a)), 

4 amounts made available pursuant to subsection (a) 

5 of this section may also be used for the costs of the 

6 following activities: 

7 (A) Providing training on infectious dis8 ease prevention and mitigation. 

9 (B) Providing hazard pay, including for 

10 time worked before the date of enactment of 

11 this Act, for staff working directly to prevent 

12 and mitigate the spread of COVID–19 among 

13 people experiencing or at risk of homelessness. 

14 (C) Reimbursement of costs for eligible ac15 tivities (including activities described in this 

16 paragraph) relating to preventing, preparing 

17 for, or responding to COVID–19 that were ac18 crued before the date of enactment of this Act. 

19 (2) USE OF AMOUNTS.—The use of amounts 

20 made available pursuant to subsection (a) for activi21 ties described in paragraph (1) shall not be consid22 ered use for administrative purposes for purposes of 

23 section 418 of the McKinney-Vento Homeless Assist24 ance Act (42 U.S.C. 11378). 


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1 (d) INAPPLICABILITY OF PROCUREMENT STAND2 ARDS.—To the extent amounts made available pursuant 

3 to subsection (a) are used to procure goods and services 

4 relating to activities to prevent, prepare for, or respond 

5 to COVID–19, the standards and requirements regarding 

6 procurement that are otherwise applicable shall not apply. 

7 (e) INAPPLICABILITY OF HABITABILITY AND ENVI8 RONMENTAL REVIEW STANDARDS.—Any Federal stand9 ards and requirements regarding habitability and environ10 mental review shall not apply with respect to any emer11 gency shelter that— 

12 (1) is assisted with amounts made available 

13 pursuant to subsection (a); and 

14 (2) has been determined by a State or local 

15 health official, in accordance with such requirements 

16 as the Secretary shall establish, to be necessary to 

17 prevent and mitigate the spread of COVID–19. 

18 (f) INAPPLICABILITY OF CAP ON EMERGENCY SHEL19 TER ACTIVITIES.—Section 415(b) of the McKinney-Vento 

20 Homeless Assistance Act (42 U.S.C. 11374(b)) shall not 

21 apply to any amounts made available pursuant to sub22 section (a) of this section. 

23 (g) INITIAL ALLOCATION OF ASSISTANCE.—With re24 spect to amounts made available pursuant to subsection 

25 (a), section 417(b) of the McKinney-Vento Homeless AsVerDate Sep 11 2014 17:39 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3856.IS S3856

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1 sistance Act (42 U.S.C. 11376(b)) shall be applied by sub2 stituting ‘‘30-day’’ for ‘‘60-day’’. 

3 (h) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 

4 (1) AUTHORITY.—In administering amounts 

5 made available pursuant to subsection (a), the Sec6 retary may waive, or specify alternative require7 ments for, any provision of any statute or regulation 

8 (except for any requirements related to fair housing, 

9 nondiscrimination, labor standards, and the environ10 ment) that the Secretary administers in connection 

11 with the obligation or use by the recipient of such 

12 amounts, if the Secretary finds that good cause ex13 ists for the waiver or alternative requirement and 

14 such waiver or alternative requirement is consistent 

15 with the purposes described in this subsection. 

16 (2) EFFECTIVENESS; APPLICABILITY.—Any 

17 waiver or alternative requirement described in para18 graph (1) shall— 

19 (A) be deemed to be effective as of the 

20 date on which a State or unit of local govern21 ment began preparing for COVID–19; and 

22 (B) apply to the use of amounts made 

23 available pursuant to subsection (a) and 

24 amounts provided in prior appropriation Acts 

25 for fiscal year 2020 under the heading ‘‘DepartVerDate Sep 11 2014 17:39 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3856.IS S3856

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1 ment of Housing and Urban Development— 

2 Community Planning and Development—Com3 munity Development Fund’’ and used by recipi4 ents for the purposes described in this sub5 section. 

6 (3) NOTIFICATION.—The Secretary shall notify 

7 the public through the Federal Register or other ap8 propriate means not later than 5 days before the ef9 fective date of any waiver or alternative requirement 

10 under paragraph (1), and any such public notice 

11 may be provided on the internet at the appropriate 

12 government website or through other electronic 

13 media, as determined by the Secretary. 

14 (4) EXEMPTION.—The use of amounts made 

15 available pursuant to subsection (a) shall not be sub16 ject to the consultation, citizen participation, or 

17 match requirements that otherwise apply to the 

18 Emergency Solutions Grants program under subtitle 

19 B of title IV of the McKinney-Vento Homeless As20 sistance Act (42 U.S.C. 11371 et seq.), except that 

21 a recipient shall, at a minimum, publish how the re22 cipient has and will utilize its allocation on the inter23 net at the appropriate government website or 

24 through other electronic media. 


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1 (i) INAPPLICABILITY OF MATCHING REQUIRE2 MENT.—Section 416(a) of the McKinney-Vento Homeless 

3 Assistance Act (42 U.S.C. 11375(a)) shall not apply to 

4 any amounts made available pursuant to subsection (a) 

5 of this section. 

6 (j) PROHIBITION ON PREREQUISITES.—None of the 

7 funds authorized under this section may be used to require 

8 people experiencing homelessness to receive treatment or 

9 perform any other prerequisite activities as a condition for 

10 receiving shelter, housing, or other services. 

Æ 


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