[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2613 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2613
To provide a path to end homelessness in the United States, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 16, 2019
Mr. Schumer (for Ms. Harris (for herself, Ms. Hirono, Mrs. Gillibrand,
Mrs. Murray, Mr. Blumenthal, and Ms. Klobuchar)) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
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.
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 the United States has virtually stalled in the
absence of increased funding;
(2) according to the point-in-time count conducted by the
Department of Housing and Urban Development in 2016, 549,928
people were experiencing homelessness in the United States on
any given night during that year, including more than 120,000
children;
(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. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Housing
and Urban Development.
SEC. 4. EMERGENCY RELIEF FUNDING.
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) as
section 441;
(2) by redesignating section 592 (42 U.S.C. 11408a) as
section 442; and
(3) by adding at the end the following:
``Subtitle E--5-Year Path To End Homelessness
``SEC. 451. EMERGENCY RELIEF FUNDING.
``(a) Direct Appropriations.--There is appropriated to the
Secretary, out of any money in the Treasury not otherwise appropriated,
$1,000,000,000 for each of fiscal years 2020 through 2024, 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 Homelessness,
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;
``(B) shortages of affordable housing for low-
income families, very low-income families, and
extremely low-income families, as those terms are
defined in section 3(b)(2) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(2));
``(C) the number of overcrowded housing units;
``(D) the number of--
``(i) unsheltered homeless individuals; and
``(ii) chronically homeless individuals;
and
``(E) any other factors that the Secretary
considers appropriate.
``(3) Grants.--For each fiscal year for which amounts are
appropriated under subsection (a) or otherwise made available
under this section, and for each collaborative applicant for
which an amount is allocated using the formula established
under paragraph (2) of this subsection, the Secretary shall
make a grant to the collaborative applicant in the amount
allocated.
``(4) Timing.--
``(A) Formula to be devised swiftly.--Not later
than 60 days after the date of enactment of this
section, the Secretary shall establish the funding
formula required under paragraph (2).
``(B) Initial distribution.--Not later than 30 days
after the date on which the Secretary establishes the
formula required under paragraph (2), the Secretary
shall distribute amounts appropriated under subsection
(a) or otherwise made available under this section for
fiscal year 2020.
``(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 the 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), a collaborative applicant that
receives a grant under this section shall use not less
than 75 percent of the grant amount for permanent
supportive housing, including capital costs, rental
subsidies, and services.
``(B) Exemption.--
``(i) In general.--The Secretary shall
exempt a collaborative applicant from the
requirement under subparagraph (A) if the
applicant demonstrates, in accordance with any
standards and procedures established by the
Secretary, 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
will be sufficient to functionally
eliminate chronic homelessness once the
permanent supportive housing is
available for occupancy.
``(ii) Timing.--Not later than 60 days
after the Secretary receives a request for an
exemption under clause (i), the Secretary shall
make a determination regarding the request.
``(3) Limitation on use for administrative expenses.--Not
more than 5 percent of the total amount of a grant provided
under this section to a collaborative applicant may be used for
costs of administration.
``(4) Housing first requirement.--The Secretary shall
ensure that a collaborative applicant that receives a grant
under this section is implementing, to the extent possible, and
will use the grant amounts in accordance with, a Housing First
model for assistance for homeless individuals.
``(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
that section.
``(e) Reporting to Congress.--
``(1) Initial report.--Not later than September 1, 2020,
the Secretary and the United States Interagency Council on
Homelessness shall submit a report that describes the design
and implementation of the grant program under this section,
including the formula required under subsection (b)(2), to--
``(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(B) the Committee on Appropriations of the
Senate;
``(C) the Committee on Financial Services of the
House of Representatives; and
``(D) the Committee on Appropriations of the House
of Representatives.
``(2) Semiannual status reports.--
``(A) Reports to congress.--The Secretary and the
United States Interagency Council on Homelessness shall
submit a semiannual report to the committees specified
in paragraph (1) that describes the operation of the
grant program under this section during the preceding 6
months, including--
``(i) identification of the grants made;
and
``(ii) a description of the activities
funded with grant amounts.
``(B) Collection of information by secretary.--The
Secretary shall require a collaborative applicant that
receives a grant under this section to submit any
information to the Secretary that is necessary for the
Secretary to comply with the reporting requirement
under subparagraph (A).
``SEC. 452. SPECIAL PURPOSE VOUCHERS.
``(a) Direct Appropriation.--
``(1) In general.--There is appropriated to the Secretary,
out of any money in the Treasury not otherwise appropriated,
$500,000,000 for each of fiscal years 2020 through 2024, to
remain available until expended, which shall be used in
accordance with paragraphs (2) and (3).
``(2) Rental assistance.--Except as provided in paragraph
(3), the Secretary shall use amounts appropriated under
paragraph (1) for incremental rental voucher assistance under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) for individuals and families who are homeless
(as defined in section 103 of this Act), which shall be in
addition to incremental rental voucher assistance provided
under that section pursuant to renewal of expiring contracts
for such assistance.
``(3) Administrative fees.--
``(A) Cap.--The Secretary may use not more than 10
percent of amounts appropriated for a fiscal year under
paragraph (1) for administrative fees under section
8(q) of the United States Housing Act of 1937 (42
U.S.C. 1437f(q)).
``(B) Policies and procedures.--The Secretary shall
establish policies and procedures to provide the fees
described in subparagraph (A) to the extent necessary
to assist homeless individuals 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--
``(1) geographical need for the assistance by homeless
individuals and families, as identified by the Secretary;
``(2) the administrative performance of public housing
agencies; and
``(3) other factors as specified by the Secretary.
``(c) Availability.--Assistance made available under this section
shall continue to remain available only for homeless individuals and
families upon turnover.
``(d) Renewal Funding.--Renewal of expiring contracts for rental
assistance provided under subsection (a) and for administrative fees
under that subsection shall, to the extent provided in appropriation
Acts, be funded under the section 8 tenant-based rental assistance
account.
``(e) Waiver Authority.--
``(1) In general.--If the Secretary finds that a waiver or
alternative requirement is necessary to ensure that homeless
individuals and families 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.
``(2) Duty of public housing agencies.--The Secretary shall
require public housing agencies receiving rental assistance
funding made available under this section to take all
reasonable actions to help assisted individuals and families
avoid subsequent homelessness.
``SEC. 453. OUTREACH FUNDING.
``(a) Direct Appropriation.--There is appropriated to the
Secretary, out of any money in the Treasury not otherwise appropriated,
$100,000,000 for each of fiscal years 2022 through 2024, to remain
available until expended, for grants under this section to provide
outreach and coordinate services for individuals and families 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 that comply with section 402.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to collaborative applicants that
submit plans to make innovative and effective use of staff
funded with grant amounts in accordance with subsection (c).
``(c) Use of Grants.--A collaborative applicant that receives a
grant under this section may use the grant amounts only for providing
case managers, social workers, or other staff who conduct outreach and
coordinate services for individuals and families who are homeless or
formerly homeless.
``(d) Timing.--
``(1) Criteria to be established swiftly.--Not later than
60 days after the date of enactment of this section, the
Secretary shall establish the criteria for awarding grants
under this section, including the priority system required
under subsection (b).
``(2) Initial distribution.--Not later than 30 days after
the date on which the Secretary establishes criteria under
paragraph (1), the Secretary shall distribute amounts
appropriated under subsection (a) or otherwise made available
under this section for fiscal year 2020.''.
SEC. 5. HOUSING TRUST FUND.
(a) Funding.--
(1) Annual funding.--There is appropriated, out of any
money in the Treasury not otherwise appropriated,
$1,000,000,000 for fiscal year 2020 and each fiscal year
thereafter, to remain available until expended, which shall be
credited to the Housing Trust Fund established under 1338 of
the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4568) for use under that section.
(2) Rental assistance.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, $50,000,000
for fiscal year 2020 and each fiscal year thereafter, to remain
available until expended, for incremental project-based voucher
assistance or project-based rental assistance, to be allocated
to States in accordance with 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 that
section.
(3) Priority for housing the homeless.--
(A) Priority.--During the first 5 fiscal years for
which amounts are made available under this subsection,
the Secretary shall ensure that priority for occupancy
in dwelling units described in subparagraph (B) that
become available for occupancy is given to individuals
and families who are homeless (as 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 has received
assistance using amounts that were credited to
the Housing Trust Fund under paragraph (1); or
(ii) is receiving assistance using amounts
made available under paragraph (2).
(b) Tenant Rent Contribution.--
(1) Limitation.--Section 1338(c)(7)(A) 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:
``(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
that term is defined in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C.
1437a(b))) of the family; and''.
(2) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations to implement clause (ii) of section 1338(c)(7)(A)
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)), as added by
paragraph (1)(B).
SEC. 6. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL
ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS.
(a) Funding.--There is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated, $20,000,000 for
fiscal year 2020, to remain available until expended, for providing
technical assistance under section 405 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11361b) in connection with expanding the
Healthcare and Housing (H2) Systems Integration Initiative of the
Secretary, in collaboration with the United States Interagency Council
on Homelessness and the Secretary of Health and Human Services.
(b) Use.--In expanding the Initiative described in 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 individuals.
(c) Priority.--In using amounts made available under this section,
the Secretary shall give priority to use for States and localities
having the highest numbers of chronically homeless individuals.
SEC. 7. 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. 8. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON
HOMELESSNESS.
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11311 et seq.) is amended--
(1) by striking section 209 (42 U.S.C. 11319); and
(2) by redesignating section 210 (42 U.S.C. 11320) as
section 209.
SEC. 9. EMERGENCY DESIGNATION.
(a) Statutory PAYGO.--This Act is 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) Senate Designation.--In the Senate, this Act 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.
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