[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1708 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1708
To address root causes of homelessness, meet the needs of community
members experiencing harms from homelessness, transition communities
towards providing housing for all, end penalization of homelessness,
and ensure full democratic participation and inclusion of persons
experiencing homelessness, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Ms. Jayapal (for herself, Ms. Meng, Ms. Pressley, Mr. Grijalva, Ms.
Chu, Mr. Bowman, Mr. McGovern, Ms. Schakowsky, Ms. Norton, Mr.
Blumenauer, Ms. Bush, Mr. Garcia of Illinois, Mr. Torres of New York,
Ms. Tlaib, Ms. Lee of California, Ms. Ocasio-Cortez, Ms. Bonamici, Mrs.
Watson Coleman, and Ms. Clarke of New York) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committees on House Administration, the Judiciary,
Education and the Workforce, and Ways and Means, 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
_______________________________________________________________________
A BILL
To address root causes of homelessness, meet the needs of community
members experiencing harms from homelessness, transition communities
towards providing housing for all, end penalization of homelessness,
and ensure full democratic participation and inclusion of persons
experiencing homelessness, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Housing Is a Human
Right Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SUPPORTED ALTERNATIVES TO PENALIZATION OF PERSONS EXPERIENCING
HOMELESSNESS
Sec. 101. Grant authorization.
Sec. 102. Application.
Sec. 103. Use of funds.
Sec. 104. Authorization of appropriations.
TITLE II--INVESTING IN INFRASTRUCTURE TO ADDRESS BASIC HUMAN NEEDS
Sec. 201. CDBG Plus program.
Sec. 202. Library pilot grants.
Sec. 203. Use of unutilized and underutilized public buildings and real
property to assist the homeless.
TITLE III--INVESTING IN COMMUNITY STABILITY AND WELL-BEING
Sec. 301. Treatment of revenue generated.
Sec. 302. Emergency solutions grant program.
Sec. 303. Continuum of care grant program.
Sec. 304. Federal Emergency Management Agency emergency food and
shelter grant program.
Sec. 305. Requirements.
Sec. 306. GAO study of requirements regarding participation and
involvement of homeless individuals.
TITLE IV--ACCESS TO VOTING
Sec. 401. Study of factors adversely affecting ability of homeless and
housing-unstable individuals to vote.
Sec. 402. Grants to facilitate voting by homeless and housing-unstable
individuals.
TITLE V--UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
Sec. 501. Permanent authorization.
Sec. 502. Functions.
Sec. 503. Advisory board.
Sec. 504. Director.
Sec. 505. Conforming amendment.
TITLE VI--REVENUE RELATED TO HOUSING SPECULATION AND DISPLACEMENT
Sec. 601. Amendments to the tax code.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) At risk of homelessness.--The term ``at risk of
homelessness'' means, with respect to an individual or family,
that the individual or family--
(A) has an annual income that is less than 30
percent of median family income for the area, as
determined by the Secretary;
(B) does not have sufficient resources or support
networks, including family, friends, faith-based
organizations, and other social networks, immediately
available to prevent the individual or family from
moving to an emergency shelter or other place described
in paragraph (3)(A) of this subsection; and
(C)(i) has moved because of economic hardship two
or more times during the 60 days immediately preceding
the application for homelessness prevention assistance
under this Act;
(ii) is living in the home of another because of
economic hardship;
(iii) has been notified in writing that their right
to occupy their current housing or living situation
will be terminated within 21 days of the date of
application for assistance under this Act;
(iv) lives in a hotel or motel and the cost of the
hotel or motel stay is not paid by charitable
organizations or by Federal, State, or local government
programs for low-income individuals;
(v) lives in a single-room occupancy or efficiency
apartment unit in which there reside more than two
persons, or lives in a larger housing unit in which
there reside more than 1.5 people per room, as defined
by the United States Census Bureau;
(vi) is exiting a publicly funded institution, or
system of care, including health-care facilities,
mental health facilities, foster care and other youth
facilities, and correction programs and institutions;
or
(vii) otherwise lives in housing that has
characteristics associated with instability and an
increased risk of homelessness, including those
characteristics identified in the approved consolidated
plan for the applicable jurisdiction.
(2) Cost-burdened.--The term ``cost-burdened'' means, with
respect to an individual or family, that the individual or
family--
(A) spends more than 22 percent of their income on
rent, or other housing-related costs, including
property taxes, utility bills, and mortgage payments,
or both; or
(B) otherwise compromises other basic needs in
order to pay for housing.
(3) Governmental unit; municipality.--The terms
``governmental unit'' and ``municipality'' have the meanings
given such terms in section 101 of title 31, United States
Code.
(4) Homeless.--The term ``homeless'' means, with respect to
an individual or family--
(A) an individual or family who lacks a fixed,
regular, and adequate nighttime residence;
(B) an individual or family with a primary
nighttime residence that is a public or private place
not designed for or ordinarily used as a regular
sleeping accommodation for human beings, including a
car, park, abandoned building, bus or train station,
airport, or camping ground;
(C) an individual or family living in a supervised
publicly or privately operated shelter designated to
provide temporary living arrangements (including hotels
and motels paid for by Federal, State, or local
government programs for low-income individuals or by
charitable organizations, congregate shelters, and
transitional housing);
(D) an individual who resided in a shelter or place
not meant for human habitation and who is exiting an
institution where he or she temporarily resided; and
(E) an individual or family who will imminently
lose their housing, including housing they own, rent,
or live in without paying rent, are sharing with
others, and rooms in hotels or motels not paid for by
Federal, State, or local government programs for low-
income individuals or by charitable organizations.
(5) Housing first.--The term ``Housing First'' means, with
respect to addressing homelessness, an approach to quickly and
successfully connect individuals and families experiencing
homelessness to permanent and affordable housing opportunities
and appropriate services without preconditions and low or no
barriers to entry, including barriers relating to sobriety,
treatment, work requirements, and service participation
requirements.
(6) Housing-unstable.--
(A) In general.--The term ``housing-unstable''
means, with respect to an individual or family that the
individual or family--
(i) lacks a fixed, regular, and adequate
nighttime residence;
(ii) shares housing with other persons due
to loss of housing or economic hardship;
(iii) lives in hotels or motels, trailer
parks, or campgrounds due to lack of
alternative arrangements;
(iv) is awaiting foster care placement;
(v) lives in substandard housing;
(vi) is a child of migrant worker;
(vii) has moved more than three times in
the past year due to economic instability;
(viii) would be unable to pay for housing
if their income decreased by $100 or more or if
they experienced a financial hardship;
(ix) is paying for housing or shelter with
labor or sex;
(x) has housing that is dependent on their
employer;
(xi) is exiting from incarceration
(including pre-trial and pre-conviction
detention; immigration detention; and juvenile
detention) or who will be exiting from
incarceration (including conditional release on
bail or parole) in the next six months, or,
with respect to youth, who is or has been held
in the custody of the Office of Refugee
Resettlement of the Department of Health and
Human Services;
(xii) has an income that does not exceed 50
percent of median income for the area in which
they reside;
(xiii) has a primary income that is fixed
and derived solely from Federal or State
benefits; or
(xiv) is a survivor of domestic violence or
trafficking residing with a perpetrator of
domestic violence or trafficking.
(B) Included populations.--Such term includes an
individual or family who is--
(i) at risk of homelessness, as such term
in defined in this subsection;
(ii) not consistently or safely housed,
including individuals and families at imminent
risk of eviction, who are couch-hopping, have
had to move into the dwelling unit of another
individual or family; or
(iii) homeless in a rural area.
(7) Justice system-involved.--The term ``justice system-
involved'' includes persons who are or have been incarcerated
or held in municipal, State, or Federal jails, prisons,
juvenile facilities, or other types of detention facilities,
who have been held in pre-trial or post-conviction detention,
who have an arrest or conviction regardless of whether they
were detained or incarcerated, who have been held in
immigration detention, or, with respect to youth, who are or
have been held in the custody of the Office of Refugee
Resettlement of the Department of Health and Human Services.
(8) Penalize homelessness.--The term ``penalize
homelessness'' means to impose, by a governmental unit,
criminal or civil penalties on persons who are homeless or
housing unstable in a manner that is related to those persons'
engagement in necessary human activities, including sleeping,
resting, and eating.
(9) Permanent supportive housing.--The term ``permanent
supportive housing'' means housing that provides--
(A) indefinite leasing or rental assistance; and
(B) non-mandatory, culturally competent supportive
services to assist persons to achieve housing stability
and maintain their health and well-being.
(10) Population at higher risk of homelessness.--
(A) In general.--The term ``population at higher
risk of homelessness'' means a group of persons that is
defined by a common characteristic and that has been
found to experience homelessness, housing instability,
or to be cost-burdened at a rate higher than that of
the general public.
(B) Higher rate.--Information that may be used in
demonstrating such a higher rate includes data
generated by the Federal Government, by State or
municipal governments, by peer-reviewed research, and
by organizations having expertise in working with or
advocating on behalf of homeless, housing unstable, or
cost-burdened groups.
(C) Included populations.--Such term shall include
populations for which such higher rate has already been
demonstrated, including Asian, Black, Latino, Native
American, Native Hawaiian, Pacific Islander and other
communities of color; persons with disabilities,
including mental health disabilities, elderly persons,
foster and former foster youth; LGBTQ persons, gender
non-binary and gender non-conforming persons, justice
system-involved persons, and veterans.
TITLE I--SUPPORTED ALTERNATIVES TO PENALIZATION OF PERSONS EXPERIENCING
HOMELESSNESS
SEC. 101. GRANT AUTHORIZATION.
The Attorney General is authorized to make grants to States, units
of local government, public and community defender systems, and
nonprofit organizations to create or expand alternatives to penalizing
homelessness.
SEC. 102. APPLICATION.
(a) In General.--An entity seeking a grant under this title shall
submit to the Attorney General an application at such time, in such
manner, and containing such information as the Attorney General may
reasonably require, including an assurance described in subsection (b).
(b) Assurance Described.--An assurance described in this subsection
is an assurance that the entity has in place a policy protecting
employees, persons, and communities served by the entity from
discrimination under applicable civil rights laws, and that such policy
includes protection from discrimination on the basis of gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, regardless of the individual's
designated sex at birth.
(c) Nonprofit Expertise.--In addition to the assurance described in
subsection (b), a nonprofit organization seeking a grant under this
title shall demonstrate in its application that it has a proven history
of--
(1) successful engagement with populations experiencing
homelessness and housing instability, including members of a
population at higher risk of homelessness; or
(2) assisting communities to engage in alternatives to
penalizing homelessness.
SEC. 103. USE OF FUNDS.
An entity that receives a grant under this title may use funds
received under this title for any of the following:
(1) Creating or expanding a diversion program, including a
law enforcement assisted diversion program, which program
includes--
(A) a focus on reducing racial disparity in law
enforcement and prosecution;
(B) reliance on harm-reduction principles;
(C) collaboration with community-based, trauma-
informed organizations;
(D) development of pre-arrest diversion programs
that are designed in consultation persons experiencing
homelessness and housing instability, populations at
higher risk of homelessness, and community based health
and service providers; and
(E) a primary focus on providing diversion services
to persons and communities that are homeless or at risk
of homelessness.
(2) Providing technical support to jurisdictions that are
working to reduce the extent to which the laws or policies in
that jurisdiction penalize homelessness, including--
(A) assisting the jurisdiction in creating
procedures, programs, and infrastructure to safeguard
the personal property of persons experiencing
homelessness or housing instability, in consultation
with persons and organizations representing such
persons;
(B) developing protocols for pre-booking diversion
for offenses in cases where the incident is related to
homelessness or housing instability, a mental health
condition, or addiction; and
(C) identifying statutes, regulations, and policies
that penalize homeless and housing unstable persons,
and identifying, pursuing, and implementing
alternatives that promote Housing First, permanent
supportive housing, and the health, safety and self-
determination of such persons.
(3) Creating, supporting, expanding, or studying mobile
crisis intervention teams that are trained to provide
stabilization services to persons with an urgent medical or
psychological need, as an alternative to a law enforcement
response, which teams may include healthcare professionals,
mental health professionals, addiction counselors, housing
referral specialists, groups serving or representing justice
system-involved or housing unstable persons, and other related
resource providers.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$100,000,000 for the first fiscal year commencing after the date of the
enactment of this Act and for each of the next nine succeeding fiscal
years thereafter.
TITLE II--INVESTING IN INFRASTRUCTURE TO ADDRESS BASIC HUMAN NEEDS
SEC. 201. CDBG PLUS PROGRAM.
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle E--Community Development Block Grant Plus Program
``SEC. 496. CDBG PLUS PROGRAM.
``(a) Authority.--The Secretary of Housing and Urban Development
shall carry out a Community Development Block Grant Plus Program under
this section (in this section referred to as the `CDBG Plus Program')
to provide assistance to units of general local government and States
for activities to benefit homeless, housing unstable, or cost-burdened
households, as such terms are defined in section 2 of the Housing Is a
Human Right Act of 2023.
``(b) Structure.--The CDBG Plus Program shall be carried out in the
same manner and subject to the same requirements and limitations
applicable to the community development block grant program under title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.), except to the extent otherwise provided--
``(1) by this section; or
``(2) by the Secretary, to account for differences
between--
``(A) the primary objectives of such block grant
program and the CDBG Plus Program (as provided in
subsection (c) of this section); and
``(B) the primary benefit requirement of such block
grant program under section 101(c) of such Act (42
U.S.C. 5301(c)) and the primary benefit requirement of
the CDBG Plus Program (as provided in subsection (d) of
this section).
``(c) Primary Objective.--The primary objective of this section and
of the CDBG Plus Program of each grantee under the program shall be to
reduce and end homelessness and housing instability and to reduce and
prevent housing-related cost-burdens, with priority given to providing
housing for low-income and extremely low-income households and for
members of a population at higher risk of homelessness, as such term is
defined in section 2 of the Housing Is a Human Right Act of 2023.
``(d) Primary Benefit Requirement.--Consistent with the primary
objective under subsection (c), all of the Federal assistance provided
to States and units of general local government under the CDBG Plus
Program shall be used for the support of activities that benefit
homeless, housing unstable, or cost-burdened households.
``(e) Program Differences.--Notwithstanding any provision of title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.), the CDBG Plus Program shall be subject to the following
requirements:
``(1) Eligible activities.--Notwithstanding section 105 of
such title (42 U.S.C. 5305), activities assisted under the CDBG
Plus Program may include only the following activities:
``(A) Projects that improve compliance with the
Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), projects that address other barriers to
full community participation, integration, and access
as identified by directly impacted persons with
disabilities who experience homelessness or housing
instability, and projects directed to the removal of
material and architectural barriers which restrict the
mobility and accessibility of elderly persons and
persons with disabilities, and projects that assist
elderly persons to age in place.
``(B) The acquisition of real property (including
air rights, water rights, and other interests therein),
that--
``(i) is appropriate for rehabilitation,
conservation, or construction of permanent
affordable housing or transitional housing; or
``(ii) is being acquired by or on behalf of
a group of persons who are homeless, housing
unstable, or at risk of homelessness to provide
housing, land, or self-determination to that
group of persons.
``(C) The provision of public services that
increase stability and housing access for persons
experiencing homelessness or housing instability,
including services associated with permanent supportive
housing, housing search and placement support, and
legal services.
``(D) Activities necessary to develop, implement,
or evaluate a comprehensive plan to end homelessness
and housing instability.
``(E) The rehabilitation, development, or
construction of dignified and humane housing that is
permanently affordable to persons earning 30 percent or
less of the median income for the area in which the
housing is located, including the construction and
maintenance of public housing units and the creation of
new forms of housing, such as tiny homes.
``(F) The acquisition, rehabilitation, renovation,
or conversion of transitional housing, temporary
shelters, and other spaces, such as hotels, motels,
government-owned properties, and commercial business
spaces, to address urgent safety and public health
needs for persons experiencing homelessness and housing
instability, except that no funds shall be granted to
any projects by government units or municipalities that
penalize homelessness or force or coerce persons to
utilize those spaces.
``(G) All necessary activities to create, maintain,
and offer to the public the types of infrastructure
necessary to address basic human needs, including
public bathrooms, water fountains, and places to sit
and rest.
``(H) Projects that ensure access to specialized
medical respite housing and associated services and
supports for persons experiencing homelessness or
housing instability who are sick, injured, or who have
been discharged from hospitals, nursing facilities, or
similar facilities.
Notwithstanding any provision of title I of the Housing and
Community Development Act of 1974, the construction of new
affordable housing in accordance with this paragraph is
specifically permitted as an eligible activity of the CDBG Plus
Program.
``(2) Formula distribution.--
``(A) Use of existing regulations.--Until the
regulations required under subparagraph (B) take
effect, amounts made available for assistance under
this title shall be allocated pursuant to the formula
established under section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306).
``(B) New formula.--Not later than the expiration
of the 12-month period beginning on the date of the
enactment of this Act, the Secretary shall issue
regulations that establish a formula for allocation of
amounts made available for assistance under this title
that utilizes factors that more directly correlate to
need of grantees for such amounts to address
homelessness, housing instability, and cost-burdened
households.
``(3) Citizen participation plan.--In addition to citizen
participation requirements under section 104(a) of such title
(42 U.S.C. 5304(a)), the citizenship participation process of
each grantee under the CDBG Plus Program shall solicit the
active participation of homeless, housing unstable, and cost-
burdened households in directing the use of assistance provided
under the Program.
``(4) Non-displacement.--Notwithstanding section 104(d) of
such title (42 U.S.C. 5304(d)), each grantee under the CDBG
Plus Program shall--
``(A) certify that the activities funded with
assistance provided under the program will not displace
low- and moderate-income people; and
``(B) take such actions as the Secretary considers
necessary to inform residents of grantee community of a
phone number for the Department of Housing and Urban
Development which may be used to inform the Department
of any such activities that may be causing the
displacement of low- and moderate-income residents.
``(5) Expedited assistance.--The Secretary shall provide
for expedited funding under the CDBG Plus program for any
grantee that demonstrates that Federal property is available in
the jurisdiction of the grantee that could be used to address
homelessness and associated needs or housing instability but
for the infrastructure needs that could be addressed through
funds provided under the CDBG Plus Program.
``(6) Housing-first.--In allocating amounts for grants
under the CDBG Plus Program, the Secretary shall prioritize
affordable housing creation, permanent supportive housing, and
supportive services utilizing a Housing First model, and other
infrastructure to address basic human needs.
``(7) Sustainability, resilience, and water and energy
efficiency.--Not less than 10 percent of all amounts made
available for assistance pursuant to this section shall be used
only for eligible activities relating to sustainability,
resilience, water and energy efficiency and, at the Secretary's
discretion, other strategies to enhance the environmental
sustainability and climate resilience of production, design,
and construction of structures funded under the program under
this section. Eligible activities shall include--
``(A) construction that utilizes local, natural
materials developed using sustainable methods that
produce few or no carbon emissions; or other
sustainable materials;
``(B) use of sustainable appliances made in the
United States, including all-electric appliances, and
use of appliance, materials, and procedures that bring
the structure into compliance with the Environmental
Protection Agency's WaterSense certification for
efficient water use and Energy Star certification for
energy-efficient appliances;
``(C) construction or retrofit to build highly
energy-efficient structures that produce on-site, or
procure, enough carbon-free renewable energy to meet
total energy consumption annually;
``(D) use of renewable energy, which shall
include--
``(i) utility-, community-, and small-scale
photovoltaic and thermal solar energy;
``(ii) utility- and small-scale wind
energy;
``(iii) geothermal energy;
``(iv) microturbine hydroelectricity;
``(v) energy efficiency;
``(vi) building electrification;
``(vii) energy storage;
``(viii) microgrids; and
``(ix) modern distribution grid
infrastructure; and
``(E) construction, retrofit, alternations, or
repair that brings the structure into compliance with
an Environmental Protection Agency or sustainable
construction industry-recognized standard, including
the Leadership in Energy and Environmental Design,
International Green Construction Code, ASHRAE 189.1,
National Green Building Standard, Green Globes, Living
Building Challenge, and Building Research Establishment
Environmental Assessment Method (BREEAM).
``(8) No penalization of homelessness.--In allocating
amounts for grants under the program under this section, the
Secretary shall prioritize applicants with a dedicated
commitment to reducing and ending the penalization of
homelessness and applicants that can demonstrate compliance
with Center for Disease Control standards on appropriate
responses to the coronavirus disease 2019 for persons
experiencing unsheltered homelessness.
``(f) Rule of Construction.--Nothing in this section may be
construed to affect or alter the community development block grant
program under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for assistance under the CDBG Plus Program under this
section, for the first fiscal year commencing after the date of the
enactment of this Act and for each of the next nine succeeding fiscal
years thereafter, an amount equal to the difference between
$6,000,000,000 and the amount credited for such use for such fiscal
year pursuant to section 301(3) of the Housing Is a Human Right Act of
2023.''.
SEC. 202. LIBRARY PILOT GRANTS.
(a) Authorization.--From amounts made available under subsection
(g) for a fiscal year, the Institute of Museum and Library Services (in
this section referred to as the ``Institute'') shall award grants, on a
competitive basis, to enable municipal, county, and State library
administrative agencies to award subgrants to public libraries, school
libraries, and public law school libraries for carrying out pilot
programs to address the needs of homeless and housing-unstable persons.
(b) Pilot Programs.--Each pilot program assisted with amounts from
a subgrant under this section shall allow a library system or systems
to create or expand projects or services that primarily address the
needs of homeless and housing-unstable persons. Preference shall be
given to funding proposals that integrate with existing Federal or
State programs that serve homeless persons, housing-unstable
individuals, and cost-burdened households.
(c) Authorized Agency.--The Institute shall disburse funding made
available to carry out this section. The Institute may consult with the
Secretary of Housing and Urban Development, the Interagency Council on
Homelessness, or any other appropriate agency to ensure that funds are
disbursed and utilized appropriately.
(d) Applications.--To be eligible for a grant under this section, a
municipal, county, or State library administrative agency shall submit
an application at such time, in such manner, and containing such
information as the Institute may require. Each application shall
include--
(1) a description of how the municipal, county, or State
library administrative agency will award subgrants described in
subsection (e), including any priorities or considerations that
will be applied in making such awards, with an emphasis toward
supporting programs addressing the needs of homeless persons;
(2) a description of how the municipal, county, or State
library administrative agency will disseminate, in a timely
manner, information regarding the subgrants described in
subsection (e) and the application process for such subgrants;
(3) a description of the criteria that the municipal,
county, or State library administrative agency will require for
the programs; and
(4) an assurance from the municipal, county, or State
library administrative agency that each eligible library that
receives a subgrant will provide programs that primarily serve
persons who are homeless or housing-unstable.
(e) Subgrants.--
(1) In general.--Each municipal, county, or State library
administrative agency receiving a grant under this section may
use such grant amounts to provide subgrants, on a competitive
basis, to a public library, school library, or public law
school libraries to enable such libraries to provide programs
that address the need of homeless persons.
(2) Applications.--To be eligible for a subgrant under this
subsection, a public library, school library, or public law
school library shall submit an application at such time, in
such manner, and containing such information as the municipal,
county, or State library administrative agency may require.
Each application shall include--
(A) a description of the homelessness-related
programs that the eligible local library administrative
agency will provide at each library to be assisted; and
(B) a description of how community or governmental
partners will be involved in the homelessness-related
programs of the library.
(3) Criteria for awards.--A municipal, county, or State
library administrative agency receiving a grant under this
section shall award subgrants based on--
(A) the proposed number of libraries and the
estimated number of homeless persons that will be
served under the homelessness-related programs; and
(B) any other criteria established by the
municipal, county, or State library administrative
agency in the application submitted under subsection
(d).
(f) Reports.--Each State library administrative agency receiving a
grant under this section for a fiscal year shall submit a report for
such fiscal year to the Institute regarding the progress made in
achieving the purposes of the grant.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for the first fiscal
year commencing after the date of the enactment of this Act and for
each of the next nine succeeding fiscal years thereafter.
SEC. 203. USE OF UNUTILIZED AND UNDERUTILIZED PUBLIC BUILDINGS AND REAL
PROPERTY TO ASSIST THE HOMELESS.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (d)--
(A) in paragraph (1), strike ``30'' and insert
``365''; and
(B) in paragraph (2), strike ``30-day'' and insert
``365-day'';
(2) in subsection (e)(2)(A), strike ``75'' and insert
``365''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(5)(A) In the case of a representative of the homeless who has
received a grant under a CDBG Plus Program under section 496 of this
Act, such representative shall, notwithstanding any other provision of
this title, be considered eligible for conveyance of any real or
personal property requested under the authority of this section or
section 502 (42 U.S.C. 11412).
``(B) A request by such a representative shall be expedited and
shall not be subject to the review processes under such sections. It
shall be the burden of the Secretary to present any reasons why the
grantee should not receive the requested property, and absent
extraordinary circumstances, including danger to the grantee or
potential harmful environmental impact that would be impossible to
mitigate, the representative of the homeless shall be presumed to
qualify for the property requested.
``(C) Conveyances of properties pursuant to this section shall be
made deed, and not by lease, unless explicitly requested otherwise by
the representative of the homeless.
``(D) The Secretary shall identify and implement a process by which
such grant recipients and applicants shall be--
``(i) regularly notified of their eligibility status under
this paragraph;
``(ii) notified of all lists of available properties;
``(iii) presumed to be eligible for transfers of property;
``(iv) prioritized and expedited for transfers of property;
``(v) permitted to appeal to the Secretary for
reconsideration;
``(vi) expedited access to properties; and
``(vii) conveyed properties pursuant to subparagraph
(C).''.
TITLE III--INVESTING IN COMMUNITY STABILITY AND WELL-BEING
SEC. 301. TREATMENT OF REVENUE GENERATED.
For each fiscal year, the Secretary of the Treasury shall determine
the amount of revenues accruing to the general fund of the Treasury by
reason of the enactment of title VI of this Act and shall credit an
amount equal to such revenues to the Secretary of Housing and Urban
Development as follows:
(1) The Secretary shall credit 40 percent of such revenues
for assistance under the emergency solutions grant program
authorized under subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11371 et seq.).
(2) The Secretary shall credit 40 percent of such revenues
for assistance under the continuum of care program authorized
under subtitle C of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11381 et seq.).
(3) The Secretary shall credit 20 percent of such revenues
for assistance under the Community Development Block Grant Plus
Program, authorized under section 496 of the McKinney-Vento
Homeless Assistance Act (as added by section 201 of this Act).
SEC. 302. EMERGENCY SOLUTIONS GRANT PROGRAM.
There is authorized to be appropriated to the Secretary of Housing
and Urban Development, for the first fiscal year commencing after the
date of the enactment of this Act and each of the next nine succeeding
fiscal years thereafter, to make grants under the emergency solutions
grant program authorized under subtitle B of title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), an amount
equal to the difference between $10,000,000,000 and the amount credited
for such use for such fiscal year pursuant to section 301(1) of this
Act.
SEC. 303. CONTINUUM OF CARE GRANT PROGRAM.
There is authorized to be appropriated to the Secretary of Housing
and Urban Development, for the first fiscal year commencing after the
date of the enactment of this Act and each of the next nine succeeding
fiscal years thereafter, to make grants under the continuum of care
program authorized under subtitle C of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.), an amount equal to the
difference between $10,000,000,000 and the amount credited for such use
for such fiscal year pursuant to section 301(2) of this Act.
SEC. 304. FEDERAL EMERGENCY MANAGEMENT AGENCY EMERGENCY FOOD AND
SHELTER GRANT PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated, for the first fiscal year commencing after the date of
the enactment of this Act and each of the next nine succeeding fiscal
years thereafter, $1,000,000,000 for emergency food and shelter grants
under subtitle B of title III of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11341 et seq.).
(b) National Board Membership.--Subsection (b) of section 301 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331(b)) is
amended--
(1) in the first sentence, by striking ``6 members'' and
inserting `` at least 8 members'';
(2) in the third sentence by striking ``Each such member''
and inserting ``Four members''; and
(3) by inserting after and below paragraph (6) the
following flush matter:
``At least 4 members shall be appointed from among individuals
nominated by national organizations identified by the Director, in
consultation with the United States Interagency Council on
Homelessness, that represent a population at higher risk of
homelessness (as such term is defined in section 2 of the Housing Is a
Human Right Act of 2023).''.
(c) Eligible Activities.--Subsection (a) of section 313 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11343(a)) is
amended--
(1) in paragraph (1), by inserting ``hygiene,'' after
``food,'';
(2) in paragraph (2), by striking ``and'' at the end; and
(3) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) to conduct rehabilitation of existing shelter or
feeding facilities to ensure such facilities are safe,
sanitary, and in compliance with local building codes;
``(4) to provide flexible and appropriate access to
temporary shelter;
``(5) to build and maintain new forms of safe and sanitary
shelters, including tiny homes; and
``(6) to provide supports, including shelter, transitional
housing, and specialized medical respite shelter and associated
services to homeless or housing-unstable (as such term is
defined in section 2 of the Housing Is a Human Right Act of
2023) elderly persons, persons with disabilities, and persons
who are or have been sick or injured, and to persons are who
are being discharged or who have recently been discharged from
hospitals, nursing facilities or similar facilities''.
(d) Distribution of Amounts.--Paragraph (2) of section 316(a) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11346(a)(2)) is
amended by inserting before the semicolon the following: ``, which
shall provide for consideration of regional variation in housing costs
and costs of living, rates of homelessness and housing instability, and
income inequality''.
(e) Appropriate Non-Discrimination Policy.--
(1) National and local boards.--Section 301 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331) is
amended by adding at the end the following new subsection:
``(f) Appropriate Non-Discrimination Policy.--The National Board
shall--
``(1) at all times having in effect a policy that prohibits
discrimination against persons in all classes provided
protection against discrimination under Federal law and
explicitly prohibits discrimination based on the gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, regardless of the
individual's designated sex at birth; and
``(2) require each local board designated pursuant to
section 302 to have in effect a policy described in paragraph
(1) of this subsection.''.
(2) Service providers.--Subsection (a) of section 316 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11346(a))
is amended--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) guidelines requiring each private nonprofit
organization and local government carrying out a local
emergency food and shelter program with amounts provided under
this subtitle to have in effect, with respect to such program,
a policy described in section 301(f)(1).''.
(f) GAO Study of Allocation Formula.--The Comptroller General of
the United States shall conduct a study to identify and analyze the
methods in effect on the date of the enactment of this Act for
determining the amount and distribution of assistance under the
Emergency Food and Shelter Grants Program of the Federal Emergency
Management Agency under subtitle B of title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11341 et seq.) to determine whether
such current methods adequately address the needs of homeless persons
and the communities that serve them. Not later than the expiration of
the 12-month period beginning on the date of the enactment of this Act,
the Comptroller General shall submit a report to the Congress detailing
the findings of such study and making recommendations as to how the
Emergency Food and Shelter Program National Board should revise such
methods to more adequately and accurately meet such needs.
(g) GAO Study of Compliance With Participation Requirements.--The
Comptroller General of the United States shall conduct a study to
identify and analyze the extent to which recipient service providers
under the Emergency Food and Shelter Grants Program of the Federal
Emergency Management Agency under subtitle B of title III of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11341 et seq.) comply
with the provisions of the guidelines for such Program required under
paragraphs (5) and (6) of section 316(a) of such Act (42 U.S.C.
11346(a); relating to involvement and participation of homeless
individuals). Not later than the expiration of the 24-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress detailing the findings of
such study, including identifying any barriers to compliance and the
level of compliance and recommending models for compliance (including
specific models used by such recipient service providers) and suggested
support methods to assist recipients to comply.
SEC. 305. REQUIREMENTS.
(a) Limitation on Matching Funds Requirements.--Notwithstanding any
other provision of law, in the case of any grant made using amounts
made available by this Act to any recipient that is a governmental
unit, non-Federal supplemental or matching funding shall not be
required for such grant if such recipient demonstrates to the
satisfaction of the Secretary that--
(1) assistance using such grant amounts will be provided in
accordance with a Housing First strategy for addressing
homelessness in the area in which the assistance is used;
(2) the recipient has created and implemented a formal plan
to cease to penalize homelessness;
(3) the recipient has established a formal plan to identify
and address structural and implicit bias in implementation of
programs funded under this Act that specifically addresses
potential bias towards members of groups identified a
population at higher risk of homelessness, as such term is
defined in section 2 of this Act;
(4) the recipient has established a formal plan to
facilitate issuance and replacement of personal identification
documents issued by the recipient for persons who are homeless
or housing-unstable;
(5) in the case of any recipient that administers
elections, the recipient has established a plan to ensure that
persons who are homeless or housing-unstable are not prevented
from voting due to irregular or non-existent addresses or other
similar barriers; and
(6) the recipient has procedures in effect for interacting
with the property of homeless persons that--
(A) require a minimum of three days prior notice
shall be given before property is moved or disposed of;
(B) provide a plan that safeguards any item that is
not clearly trash for a minimum of 30 days; and
(C) allow persons experiencing homelessness to
easily retrieve their possessions.
(b) Requirement for Ongoing Efforts.--Assistance made available
under this Act may not be provided to any governmental unit unless such
unit demonstrates, to the satisfaction of the Secretary, that such
entity has in effect, or is actively working toward implementing,
policies, regulations, or other requirements sufficient to ensure the
following within the jurisdiction of such entity:
(1) Any law that imposes a criminal punishment on a person
or groups of persons who are homeless, or who has no other
place to go, for sleeping outside or on public property is not
being enforced.
(2) Effective procedures are in effect for interacting with
the property of homeless persons that comply with due process
protections of the 14th Amendment to the Constitution of the
United States.
(c) Non-Governmental Entities.--Assistance made available under
this Act may not be provided to any entity that is not a governmental
unit unless such entity demonstrates to the satisfaction of the
Secretary that--
(1) such entity has in effect, or is actively working
toward implementing, a procedure that provides for regular
community participation, comment, feedback, and guidance on the
activities and performance in serving homeless, housing-
unstable, and cost-burdened individuals and households; and
(2) in the case of any entity that in any fiscal year
receives more than $1,000,000 from amounts made available under
this Act, all personnel carrying out activities assisted with
amounts made available under this Act whose responsibilities
involve regular contact with homeless, housing-unstable, or
cost-burdened individuals or households, or who have management
positions overseeing personnel in regular contact with
homeless, housing-unstable, or cost-burdened individuals or
households, are adequately trained regarding harm reduction,
de-escalation techniques, trauma-informed care, implicit bias,
cultural competency, and disability rights.
(d) All Entities.--Assistance made available under this Act may not
be provided to any entity, whether a governmental unit or a non-
governmental entity, unless such entity demonstrates to the
satisfaction of the Secretary that such entity has in effect a written
non-discrimination policy that--
(1) prohibits discrimination against persons in all classes
provided protection against discrimination under Federal law;
and
(2) explicitly prohibits discrimination based on the
gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
SEC. 306. GAO STUDY OF REQUIREMENTS REGARDING PARTICIPATION AND
INVOLVEMENT OF HOMELESS INDIVIDUALS.
(a) Study.--The Comptroller General of the United States shall
conduct a study to identify and analyze the extent to which--
(1) recipient service providers under the Emergency Food
and Shelter Grants Program of the Federal Emergency Management
Agency under subtitle B of title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11341 et seq.) comply with
the provisions of the guidelines for such Program required
under paragraphs (5) and (6) of section 316(a) of such Act (42
U.S.C. 11346(a); relating to involvement and participation of
homeless individuals); and
(2) recipients under the Emergency Solutions Grant Program
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.) comply with the
requirements under section 416(d) of such Act (42 U.S.C.
11375(d); relating to participation of homeless individuals).
(b) Report.--Not later than the expiration of the 36-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress detailing the findings of
such study, including identifying the level of such compliance and any
barriers to compliance with such requirements, and recommending models
for compliance (including any effective specific models used by such
recipients) and suggested support methods to assist recipients to
comply.
TITLE IV--ACCESS TO VOTING
SEC. 401. STUDY OF FACTORS ADVERSELY AFFECTING ABILITY OF HOMELESS AND
HOUSING-UNSTABLE INDIVIDUALS TO VOTE.
(a) Study.--The Election Assistance Commission shall conduct a
study identifying and analyzing on a State-by-State basis the factors
which adversely affect the ability of individuals who are homeless or
who are housing-unstable to vote in elections for public office,
including the implementation of the REAL ID Act, State laws requiring
voters to provide ID as a condition of voting, and the penalization of
homelessness.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Commission shall submit to Congress and make
available to the public a report on the study conducted under
subsection (a), and shall include in the report recommendations to
address the factors identified in the study.
(c) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 402. GRANTS TO FACILITATE VOTING BY HOMELESS AND HOUSING-UNSTABLE
INDIVIDUALS.
(a) Grants.--The Election Assistance Commission shall carry out a
program under which the Commission shall make grants to eligible
nonprofit corporations and eligible units of local government for
carrying out programs and activities which will facilitate voting in
elections for public office by individuals who are homeless or who are
housing-unstable.
(b) Eligibility.--A nonprofit corporation or a unit of local
government is eligible to receive a grant under the program established
under this section if the corporation or unit submits to the Election
Assistance Commission, at such time and in such form as the Commission
may require, an application containing--
(1) in the case of a nonprofit corporation, a certification
that the corporation has in effect a non-discrimination policy
that prohibits discrimination against persons in all classes
provided protection against discrimination under Federal law
and that further protects against discrimination on the basis
of the gender-related identity, appearance, mannerisms, or
other gender-related characteristics of an individual,
regardless of the individual's designated sex at birth; and
(2) such information and assurances as the Commission may
require.
(c) Priorities in Selection of Nonprofit Corporations.--In
selecting among eligible nonprofit corporations for receiving grants
under the program established under this section, the Commission shall
give priority to corporations which meet any of the following:
(1) A proven history of working with homeless, housing-
unstable, and cost-burdened households.
(2) A proven history of successfully encouraging civic
participation.
(3) A proven history of participation by homeless, housing-
unstable, and cost-burdened households in the leadership and
decision-making power of the corporation.
(4) A proven history of successful engagement with a
population at higher risk of homelessness, including--
(A) LGBTQ persons;
(B) foster youth and former foster youth;
(C) Asian, Black, Latino, Native American, Native
Hawaiian, Pacific Islander and other communities of
color;
(D) low-income older adults;
(E) persons with disabilities, including mental
health disabilities;
(F) justice-system-involved persons; and
(G) immigrant communities.
(d) Nonprofit Corporation Defined.--In this section, the term
``nonprofit corporation'' means a corporation described in section
501(c) of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for the first fiscal
year commencing after the date of the enactment of this Act and for
each of the next nine succeeding fiscal years thereafter.
TITLE V--UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
SEC. 501. PERMANENT AUTHORIZATION.
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11311 et seq.) is amended--
(1) in section 208 (42 U.S.C. 11318), by striking the first
sentence and inserting the following: ``There is authorized to
be appropriated for each fiscal year $10,000,000 to carry out
this title.'';
(2) by striking section 209 (42 U.S.C. 11319); and
(3) by redesignating sections 207 and 208 (42 U.S.C. 11317,
11318) as sections 208 and 209, respectively.
SEC. 502. FUNCTIONS.
Section 203 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11313) is amended--
(1) in subsection (a)--
(A) in paragraph (12), by striking ``and'' at the
end;
(B) in paragraph (13), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(14) rely on evidence-based practices;
``(15) identify and promote successful practices, including
the Housing First strategy and the permanent supportive housing
model; and
``(16) prioritize addressing disparities faced by members
of a population at higher risk of homelessness, as such term is
defined in section 2 of the Housing Is a Human Right Act of
2023, including by issuing reports and making recommendations
to agencies.''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and'' after
the semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) make formal reports and recommendations to Federal
agencies, which shall include comments on how proposed
regulatory changes would impact persons experiencing
homelessness, housing instability, or who are cost-burdened.''.
SEC. 503. ADVISORY BOARD.
(a) In General.--Title II of the McKinney-Vento Homeless Assistance
Act is amended by inserting after section 206 (42 U.S.C. 11316) the
following new section:
``SEC. 207. ADVISORY BOARD.
``(a) Establishment.--There is established an advisory board for
the Council.
``(b) Membership.--
``(1) Selection.--The advisory board shall be composed of
not less than 20 individuals, selected by the Executive
Director of the Council from nominees proposed pursuant to
paragraph (2), as follows:
``(A) Not less than 10 members shall be individuals
who are homeless or experiencing housing instability,
or were so during the 5 calendar years preceding
appointment to the advisory board or who have been so
in the last 5 calendar years.
``(B) Not less than 8 members shall be individuals
who are members of, or advocate on behalf of, or both,
a population at higher risk of homelessness, as such
term is defined in section 2 of the Housing Is a Human
Right Act of 2023, including such transgender and
gender non-conforming persons, Asian, Black, Latino,
Native American, Native Hawaiian, Pacific Islander, and
other communities of color, youth in or formerly in the
foster care system, and justice-system involved youth
and adults.
``(2) Nomination.--Nominees for members of the advisory
board shall be proposed by any grantee or subgrantee under this
Act.
``(3) Report.--Upon selection of members of the advisory
board, the Executive Director of the Council shall submit a
report to the Congress identifying the members selected and
demonstration compliance with the provisions of this
subsection.
``(4) Terms.--Members of the advisory board shall serve
terms of 2 years.
``(c) Functions.--The advisory board shall review the work of the
Council, make recommendations regarding how the Council can most
effectively pursue the goal of ending homelessness, and raise specific
points of concern with members of the Council who represent Federal
agencies.
``(d) Meetings.--The advisory board shall meet in person not less
often than twice each year.
``(e) Council Meetings.--The Council shall meet regularly not less
often than once a year with the advisory board and shall provide timely
written responses to recommendations, proposals, and concerns issued by
the advisory board.
``(f) Chairman.--The position of Chairman of the advisory board
shall be filled by an individual who is a current or former member of
the advisory board, is nominated by at least two members of the
advisory board, and is confirmed by a vote of not less than 75 percent
of the members of the advisory board.
``(g) Compensation.--Each member of the advisory board shall
receive compensation for their participation including a participation
stipend in an amount determined by the Council and travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
``(h) Rule of Construction.--The agencies implementing this Act
shall construe this Act in a manner that facilitates and encourage the
full participation of advisory board members and shall consider the
barriers faced by persons experiencing homelessness and shall endeavor
to overcome such barriers to participation.''.
(b) Representation of Chairman on Council.--Section 202(a) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312(a)) is
amended--
(1) by redesignating paragraph (22) as paragraph (21); and
(2) by adding at the end the following new paragraph:
``(22) The chairman of the advisory board established by
section 207.''.
SEC. 504. DIRECTOR.
Subsection (a) of section 204 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11314(a)) is amended--
(1) by striking ``(a) Director.--The Council shall appoint
an Executive Director, who shall be'' and inserting the
following:
``(a) Director.--
``(1) In general.--The chief executive officer of the
Council shall be the Executive Director, who shall be appointed
in accordance with paragraph (2) and''; and
(2) by adding at the end the following new paragraph:
``(2) Process for appointment.--A vacancy in the position
of Executive Director shall be filled by an individual
nominated and appointed to such position by the Council, except
that the Council may not appoint any nominee who is not
confirmed by approval of 75 percent of the aggregate of all
members of the Council and the advisory board under section 207
pursuant to an election in which each such member's vote is
given identical weight. If the Council is unable to agree on an
Executive Director, the chairperson of the advisory council
shall act as interim Executive Director.''.
SEC. 505. CONFORMING AMENDMENT.
The table of contents in section 101(b) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
the items relating to sections 209 and 210 and inserting the following:
``Sec. 209. Encouragement of State involvement.''.
TITLE VI--REVENUE RELATED TO HOUSING SPECULATION AND DISPLACEMENT
SEC. 601. AMENDMENTS TO THE TAX CODE.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 50B--REAL PROPERTY-RELATED TAXES
``Sec. 5000E-1. Luxury real property transfers.
``Sec. 5000E-2. Real property secrecy transfer tax.
``Sec. 5000E-3. Mass landlord rental tax.
``SEC. 5000E-1. LUXURY REAL PROPERTY TRANSFERS.
``(a) In General.--There is hereby imposed on the sale or exchange
of real property a tax equal to 5 percent of the amount realized from
such sale or exchange.
``(b) Limitation.--The tax imposed by this section shall not apply
to a sale or exchange of property unless the amount realized from such
sale or exchange (or from a series of related sales or exchanges of
which such property is a part) is at least $10,000,000.
``(c) Liability for Tax.--
``(1) In general.--The tax imposed by this section shall be
paid \1/2\ by the transferor and \1/2\ by the transferee.
``(2) Exceptions.--
``(A) Property transferred to tax-exempt.--In the
case of property transferred to a tax exempt entity, or
a State or local government (or political subdivision
thereof), the tax imposed by this section shall be
zero.
``(B) Property transferred by tax-exempt.--In the
case of property transferred by a tax-exempt entity, or
a State or local government (or political subdivision
thereof), the tax imposed by this section shall be paid
by the transferee.
``(C) Tax exempt entity.--For purposes of this
section, the term `tax-exempt entity' means any
organization which is exempt from the tax imposed by
this chapter unless such property is used predominantly
in an unrelated trade or business the income of which
is subject to tax under section 511.
``(d) Regulations.--The Secretary shall prescribe such rules as may
be necessary or appropriate to prevent avoidance of the purposes of
this section.
``SEC. 5000E-2. REAL PROPERTY SECRECY TRANSFER TAX.
``(a) In General.--In the case of a sale or exchange of real
property to or from an applicable anonymous entity, there is hereby
imposed on such transfer a tax equal to $10 for each $100 realized on
such sale or exchange.
``(b) Applicable Anonymous Taxpayer.--
``(1) In general.--For purposes of this section, the term
`applicable anonymous entity' means any entity or trust the
beneficial owners of which are not available by freely
accessible public records.
``(2) Beneficial owner.--The term `beneficial owner' means,
with respect to any entity, an individual who has any ownership
interest in the entity and--
``(A) exercises control over the entity,
``(B) owns equity interest in such entity, or
``(C) receives substantial economic benefits from
such entity (other than in connection with employment).
``(3) Special rule for entities registered in global legal
identifier program.--
``(A) In general.--Paragraph (1) shall not apply to
any entity that participates in the legal entity
identifier program.
``(B) Controlled groups.--In the case of any
persons treated as a single employer under subsection
(a) or (b) of section 52, or subsection (m) or (o) of
section 414, subparagraph (A) shall only apply if each
such person so treated participates in the legal entity
identifier program.
``(c) Liability for Tax.--
``(1) In general.--Each applicable anonymous entity who
transfers or receives property in a sale or exchange to which
this section applies shall be jointly and severally liable for
payment of the tax imposed by this section.
``(2) Members of controlled group.--If such an applicable
anonymous entity is a member of a controlled group, each member
of such controlled group shall be jointly and severally liable
for such payment.
``SEC. 5000E-3. MASS LANDLORD RENTAL TAX.
``(a) In General.--In the case of a covered landlord, there is
hereby imposed on the rental of a dwelling unit a tax equal to 1
percent of the amount of the rent paid for such dwelling unit.
``(b) Covered Landlord.--For purposes of this section, the term
`covered landlord' means any person that owns--
``(1) more than 1,000 dwelling units held for rent within a
single metropolitan statistical area,
``(2) more than 2,000 dwelling units held for rent, or
``(3) at least 500 dwelling units held for rent in at least
3 different States.
``(c) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to any
dwelling unit subject to a rent control, just cause, or source
of income discrimination law.
``(2) Rent control law.--For purposes of this subsection--
``(A) In general.--The term `rent control law'
means any State or local law which restricts the amount
by which a lessor may increase rental payments for a
dwelling unit and allows an affirmative defense to
eviction or private right of enforcement.
``(B) Minimum amount level of rent control.--A law
shall not be treated as a rent control law with respect
to any dwelling unit for purposes of this paragraph
unless the lessor of such dwelling unit may not, when
the lease with respect to such unit expires, increase
monthly rent by an amount greater than the percentage
increase, if any, over the preceding 12 months in the
Consumer Price Index for All Urban Consumers or 3
percent of the average monthly amount paid for the same
unit for each month that the unit was occupied during
the previous 12-month period, whichever is greater.
``(3) Just cause law.--The term `just cause law' means any
State or local law which at least restricts a lessor from
evicting lessee by limiting evictions to instances in which--
``(A) the tenant has--
``(i) failed to pay rent for 2 or more
consecutive months despite clear and timely
notice,
``(ii) caused substantial destruction to
the rental property,
``(iii) caused significant danger to other
tenants, or
``(iv) significantly and repeatedly
violated an explicit lease term and failed to
cure the violation after being given notice
requesting that the lease term violation be
cured, or
``(B) the landlord seeks to occupy the unit for use
as a primary residence, or seeks the availability of
the unit for occupancy by an immediate relative as a
primary residence.
``(4) Source of income discrimination law.--
``(A) In general.--The term `source of income
discrimination law' means a State or local law which
places restrictions on a lessor from rejecting lessee
applicants, or to evicting an existing lessee, due to
the lessee's source of income.
``(B) Source of income.--For purposes of
subparagraph (A), source of income includes the
following:
``(i) A housing voucher under section 8 of
the United States Housing Act of 1937 (42
U.S.C. 1437f) and any form of Federal, State,
or local housing assistance provided to a
family or provided to a housing owner on behalf
of a family, including rental vouchers, rental
assistance, and rental subsidies from
nongovernmental organizations.
``(ii) Any income received during a taxable
year as Social Security benefits, as defined in
section 86(d) of the Internal Revenue Code of
1986, or as supplemental security income
benefits under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.).
``(iii) Any income received by court order,
including spousal support and child support.
``(iv) Any payment from a trust, guardian,
or conservator.
``(v) Any other lawful source of income.
``(d) Aggregation Rules.--All persons treated as a single employer
under subsection (a) or (b) of section 52, or subsection (m) or (o) of
section 414, shall be treated as one person for purposes of applying
subsection (b).''.
(b) Effective Date.--The amendment made by this section shall apply
to sales and exchanges after December 31, 2023.
<all>