```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 101
116th CONGRESS
  1st Session
                                H. R. 1856

                      [Report No. 116-137, Part I]

  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

                              July 5, 2019

  Reported from the Committee on Financial Services with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              July 5, 2019

 Committee on the Budget discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                               25, 2019]

_______________________________________________________________________

                                 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. FUNDING TO ADDRESS UNMET NEEDS.

    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. FUNDING TO ADDRESS UNMET NEEDS.

    ``(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.
        The formula shall provide priority to collaborative applicants 
        for which the local governments, within the area served by the 
        applicant, have adopted local policies, such as through zoning 
        and regulation, that leverage the private sector's 
        participation to provide housing that is reserved and 
        affordable to low-, very low-, and extremely low-income 
        households, as defined by the Secretary, for a minimum term of 
        15 years. The Secretary shall establish by regulation the 
        process and manner that local governments will be evaluated. 
        The Secretary shall ensure that local governments are not 
        incentivized or otherwise rewarded for eliminating or 
        undermining the intent of zoning regulations or other 
        regulations or policies that establish fair wages for laborers, 
        ensure health and safety of buildings for residents and the 
        general public, protect fair housing, establish environmental 
        protections, establish standards for resiliency, prevent tenant 
        displacement, or any other requirements that the Secretary 
        determines it is in the public interest to preserve.
            ``(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.--The funding formula required under paragraph 
        (2) shall be established by regulations issued, after notice 
        and opportunity for public comment, not later than 6 months 
        after the date of enactment of this section.
    ``(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) Annual reports.--Not later than the expiration of the 
        12-month period beginning upon the first allocation of amounts 
        made after the date of the enactment of this Act pursuant to 
        subsection (b)(1), and annually thereafter, 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 providing detailed information 
        regarding the grants made under this section during the 
        preceding year, the activities funded with such grant amounts, 
        and the impact of such activities on the communities where such 
        activities took place.
            ``(2) 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 paragraph (1).

``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. In allocating assistance among public housing agencies, the 
Secretary shall provide priority to agencies having jurisdictions in 
which the local governments within such jurisdictions have adopted 
local policies, such as through zoning and regulation, that leverage 
the private sector's participation to provide housing that is reserved 
and affordable to low-, very low-, and extremely low-income households, 
as determined by the Secretary, for a minimum term of 15 years. The 
Secretary shall establish by regulation the process and manner that 
local governments will be evaluated. The Secretary shall ensure that 
local governments are not incentivized or otherwise rewarded for 
eliminating or undermining the intent of zoning regulations or other 
regulations or policies that establish fair wages for laborers, ensure 
health and safety of buildings for residents and the general public, 
protect fair housing, establish environmental protections, establish 
standards for resiliency, prevent tenant displacement, or any other 
requirements that the Secretary determines it is in the public interest 
to preserve.
    ``(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--
                    ``(A) to collaborative applicants who submit plans 
                to make innovative and effective use of staff funded 
                with grant amounts pursuant to subsection (c); and
                    ``(B) to collaborative applicants for which the 
                local governments, within the area served by the 
                applicant, have adopted local policies, such as through 
                zoning and regulation, that leverage the private 
                sector's participation to provide housing that is 
                reserved and affordable to low-, very low-, and 
                extremely low-income households, as defined by 
                Secretary, for a minimum term of 15 years. The 
                Secretary shall establish by regulation the process and 
                manner that local governments will be evaluated. The 
                Secretary shall ensure that local governments are not 
                incentivized or otherwise rewarded for eliminating or 
                undermining the intent of zoning regulations or other 
                regulations or policies that establish fair wages for 
                laborers, ensure health and safety of buildings for 
                residents and the general public, protect fair housing, 
                establish environmental protections, establish 
                standards for resiliency, prevent tenant displacement, 
                or any other requirements that the Secretary determines 
                it is in the public interest to preserve.
    ``(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.--The Secretary shall establish the criteria for the 
competition for grants under this section required under subsection (b) 
by regulations issued, after notice and opportunity for public comment, 
not later than 6 months after the date of enactment of this section.''.

SEC. 4. HOUSING TRUST FUND.

    (a) Funding.--
            (1) Annual funding.--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, 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 each of 
        fiscal years 2020 through 2024, $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'';
                    (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--
            (1) to use for States and localities having the highest 
        numbers of chronically homeless persons; and
            (2) to assist localities that have adopted local policies, 
        such as through zoning and regulation, that leverage the 
        private sector's participation to provide and make housing 
        affordable for low-, very low-, and extremely low-income 
        household, as defined by the Secretary, for a minimum of 15 
        years. The Secretary shall establish by regulation the process 
        and manner that local governments will be evaluated. The 
        Secretary shall ensure that local governments are not 
        incentivized or otherwise rewarded for eliminating or 
        undermining the intent of zoning regulations or other 
        regulations or policies that establish fair wages for laborers, 
        ensure health and safety of buildings for residents and the 
        general public, protect fair housing, establish environmental 
        protections, establish standards for resiliency, prevent tenant 
        displacement, or any other requirements that the Secretary 
        determines it is in the public interest to preserve.

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. ELIGIBILITY OF PRIVATE NONPROFIT ORGANIZATIONS FOR FUNDING.

    Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall provide that private nonprofit 
organizations (as such term is defined in section 401 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360)) that are eligible 
entities (as such term is defined in such section 401), including 
faith-based such organizations that are eligible entities, shall be 
eligible for assistance made available or authorized by this Act or by 
the amendments made by this Act (but not including assistance under 
section 452 of the McKinney-Vento Homeless Assistance Act, as added by 
section 3 of this Act), and shall be eligible to be subgrantees for 
entities receiving amounts made available or authorized by this Act or 
by the amendments made by this Act.

SEC. 9. ELIGIBILITY OF FAITH-BASED ORGANIZATIONS.

    Notwithstanding any other provision of law, in determining 
eligibility for assistance made available by this Act or the amendments 
made by this Act or for which appropriations are authorized by this Act 
or the amendments made by this Act, the status of an entity as faith-
based or the possibility that an entity may be faith-based may not be a 
basis for any discrimination against such entity in any manner or for 
any purpose.

SEC. 10. 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.

SEC. 11. CONFORMING AMENDMENTS.

    The table of sections in section 101(b) of the McKinney-Vento 
Homeless Assistance Act is amended--
            (1) in the item relating to title II, by striking 
        ``INTERAGENCY COUNCIL ON THE HOMELESS'' and inserting ``UNITED 
        STATES INTERAGENCY COUNCIL ON HOMELESSNESS'';
            (2) by striking the item relating to section 209; and
            (3) in the item relating to section 491, by striking 
        ``491'' and inserting ``441'';
            (4) in the item relating to section 492, by striking 
        ``492'' and inserting ``442''; and
            (5) by inserting before the item relating to title V the 
        following:

             ``Subtitle E--5-Year Path to End Homelessness

``Sec. 451. Funding to address unmet needs.
``Sec. 452. Special purpose vouchers.
``Sec. 453. Outreach funding.''.
                                                 Union Calendar No. 101

116th CONGRESS

  1st Session

                               H. R. 1856

                      [Report No. 116-137, Part I]

_______________________________________________________________________

                                 A BILL

  To provide a path to end homelessness in the United States, and for 
                            other purposes.

_______________________________________________________________________

                              July 5, 2019

  Reported from the Committee on Financial Services with an amendment

                              July 5, 2019

 Committee on the Budget discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
```