[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4232 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4232
To provide a path to end homelessness in the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2023
Ms. Waters introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
the Judiciary, 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 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ending
Homelessness 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. Expansion of housing choice voucher program.
Sec. 3. Entitlement program for housing choice vouchers.
Sec. 4. Repeal of ineligibility criteria.
Sec. 5. Prohibiting housing discrimination based on source of income.
Sec. 6. Funding to address unmet need.
Sec. 7. Housing Trust Fund.
Sec. 8. Technical assistance funds to help States and local
organizations align health and housing
systems.
Sec. 9. Permanent authorization of appropriations for McKinney-Vento
Homeless Assistance Act grants.
Sec. 10. Permanent extension of United States Interagency Council on
Homelessness.
Sec. 11. Eligibility of private nonprofit organizations for funding.
Sec. 12. Eligibility of faith-based organizations.
Sec. 13. Conforming amendments.
Sec. 14. Funding priority.
SEC. 2. EXPANSION OF HOUSING CHOICE VOUCHER PROGRAM.
(a) Funding.--There is appropriated out of any money in the
Treasury not otherwise appropriated, for providing incremental voucher
assistance in accordance with this section for each of fiscal years
2024 through 2027, the amount necessary to fund--
(1) the number of incremental vouchers required to be
allocated under subsection (c);
(2) annual renewals of the vouchers allocated under
subsection (c); and
(3) administrative fees for vouchers allocated under
subsection (c).
(b) Eligible Households.--Amounts made available under subsection
(a) may be used only for providing rental housing assistance under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) for an eligible family who initially--
(1) has an income that does not exceed 50 percent of the
maximum income limitation for extremely low-income families
established by the Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') pursuant to
section 3(b)(2)(C) of the United States Housing Act of 1937; or
(2) is an extremely low-income family that includes an
individual who is an individual who is a recipient of
supplemental security income benefits under title XVI of the
Social Security Act.
(c) Allocation.--
(1) Incremental vouchers.--The Secretary of Housing and
Urban Development shall allocate 500,000 incremental vouchers
in fiscal year 2024 and 1,000,000 incremental vouchers in
increments of 500,000 in each calendar year from 2025 through
2027 under this section to public housing agencies pursuant to
section 213(d) of the Housing and Community Development Act of
1974 (42 U.S.C. 1439).
(2) Selection criteria.--The Secretary shall, by notice in
the Federal Register, establish selection criteria under such
section 213(d) that prioritizes housing needs among families
targeted under subsection (b) and severe housing hardship, such
as experiencing homelessness, overcrowding or evictions.
(3) Rental assistance.--Vouchers allocated under this
subsection shall be vouchers for rental assistance under
section 8(o) of the United States Housing Act of 1937.
SEC. 3. ENTITLEMENT PROGRAM FOR HOUSING CHOICE VOUCHERS.
(a) Entitlement.--During fiscal year 2028 and each fiscal year
thereafter, any family that is otherwise eligible for tenant-based
rental assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) shall be entitled to such rental
assistance in accordance with this section during such period that such
family meets the requirements under subsection (c) or (d) as a
qualified family.
(b) Funding.--For fiscal year 2028 and each fiscal year thereafter,
there is appropriated out of any money in the Treasury not otherwise
appropriated the amount necessary--
(1) to provide assistance under section 8(o) of the United
States Housing Act of 1937 in accordance with the entitlement
under subsection (a) of this section for each qualified family
in the amount determined under such section 8(o); and
(2) to provide administrative fees under such section 8(q),
as modified pursuant to subsection (i) of this section, in
connection with each voucher for assistance provided pursuant
to paragraph (1) of this subsection.
(c) Qualified Families.--For purposes of this section, the term
``qualified family'' means the following:
(1) Fiscal year 2028.--For fiscal year 2028, a family that
meets the requirements under section 2(b) of this Act.
(2) Fiscal year 2029.--For fiscal year 2029, a family
having an income that--
(A) meets the requirements under section 2(b) of
this Act; or
(B) does not exceed 75 percent of the maximum
income limitation for extremely low-income families
established by the Secretary pursuant to section
3(b)(2)(C) of the United States Housing Act of 1937.
(3) Fiscal year 2030.--For fiscal year 2030, an extremely
low-income family.
(4) Fiscal year 2031.--For fiscal year 2031, a very low-
income family.
(5) Fiscal year 2032 and after.--For fiscal year 2032 and
each fiscal year thereafter, a low-income family.
(d) Continuing Eligibility.--A family shall meet the requirements
under this subsection as a qualifying family if the family--
(1) does not meet the requirements under subsection (c);
and
(2) was initially assisted under this section or section 2
of this Act and continues to be assisted.
(e) Repeal of Income Targeting Requirement.--Effective October 1,
2030, section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended by striking subsection (b).
(f) Administering Agencies.--
(1) Regional consortia.--The Secretary shall encourage and
provide for public housing agencies to form regional consortia
to administer the program for rental assistance under this
section with respect to geographical areas.
(2) PHA designation.--The Secretary shall designate a
public housing agency to administer assistance under this
section in any area where no existing public housing agency has
jurisdiction or where no agency with jurisdiction is adequately
administering such assistance, subject to public comment and
after consultation with States, public housing agencies, local
governments, Indian tribes, and tribally designated housing
agencies.
(g) Use of Small Area Fair Market Rents.--Paragraph (1) of section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(1))
is amended--
(1) in subparagraph (B), by striking ``subparagraph (D)''
and inserting ``subparagraphs (D) and (F)''; and
(2) by adding at the end the following new subparagraph:
``(F) Use of small area fair market rents.--
Effective for fiscal year 2024 and each fiscal year
thereafter, the area fair market rents used for
purposes of subparagraph (B) shall be stablished by the
Secretary for ZIP Code areas.''.
(h) Project-Basing.--
(1) In general.--Notwithstanding subparagraph (A) of
paragraph (13) of section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)(A)), a public housing agency
administering assistance under this section may enter into
agreements to attach such assistance to a project in accordance
with such paragraph, except that--
(A) a qualified family residing in a dwelling unit
so assisted may at any time opt to use such assistance
on a tenant-based basis for a different dwelling unit
and, upon such a move, the public housing agency shall
provide the qualified family with tenant-based rental
assistance under this section; and
(B) subparagraph (B) of such section 8(o)(13)
(relating to percentage limitation) shall not apply
with respect to assistance under this section.
(2) Percentage limitation.--For purposes of section
8(o)(13)(B) of the United States Housing Act of 1937, all
families assisted by a public housing agency under this section
shall be counted as authorized units for the agency.
(i) Security Deposits.--
(1) Authority.--An agency administering assistance under
this section may authorize a qualified family assisted under
this section to use such assistance for security deposits and
broker and application fees relating to obtaining a dwelling
unit, except that the Secretary may establish a limitation on
the amount of such assistance used pursuant to this subsection
and for each authorized purpose under this subsection.
(2) Recapture.--The Secretary shall require the return to
the Secretary of any amounts used for a security deposit with
respect to a dwelling unit upon the termination of the
residence in such unit by an assisted family.
(j) Administrative Fees.--Notwithstanding the administrative fee
with respect to tenant-based assistance in effect on October 1, 2023,
pursuant to section 8(q) of the United States Housing Act of 1937 (42
U.S.C. 1437f(q)), the Secretary shall, by regulation, establish a new
administrative fee for such assistance, applicable to fiscal year 2024
and thereafter, that reflects local variation in the cost of
administering a well-run housing choice voucher program and which
encourages public housing agencies to expand housing choice for
assisted families and increase the rate at which families issued
vouchers use them successfully to lease housing.
(k) Prohibition of Use Under Moving to Work Program.--None of the
amounts made available by subsection (b) of this section or by section
2 of this Act may be used under, to carry out, or otherwise in
connection with the Moving to Work demonstration program authorized by
section 204 of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321), as expanded by section 239 of the
Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2016 (division L of Public Law 114-113; 129 Stat.
2897) or any other provision of law.
(l) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Indian tribe; tribally designated housing agency.--The
terms ``Indian tribe'' and ``tribally designated housing
agency'' have the meanings given such terms in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103).
(2) Low-income family; very low-income family; extremely
low-income family.--The terms ``low-income family'', ``very
low-income family'', and ``extremely low-income family'' have
the meanings given such terms in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(3) Public housing agency.--The term ``public housing
agency'' has the meaning given such term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) State.--The term ``State'' has the meaning given such
term in section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
SEC. 4. REPEAL OF INELIGIBILITY CRITERIA.
(a) United States Housing Act of 1937.--Effective October 1, 2027,
section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is
amended--
(1) in subsection (q)(1), by adding at the end the
following new subparagraph:
``(D) Inapplicability.--This subsection shall not
apply to applicants for, or families assisted under,
the entitlement program for housing choice vouchers
under section 3 of the Ending Homelessness Act of
2023.''; and
(2) in subsection (s), by striking ``or assisted housing
program''.
(b) Quality Housing and Work Responsibility Act of 1998.--The
Quality Housing and Work Responsibility Act of 1998 is amended--
(1) in section 576 (42 U.S.C. 13661)--
(A) by inserting ``covered'' before ``federally
assisted housing'' each place such term appears; and
(B) by adding at the end the following new
subsection:
``(f) Definition of Covered Federally Assisted Housing.--The term
`covered federally assisted housing' has the meaning given the term
`federally assisted housing' in section 579, except that the former
term shall not include housing specified in subsection (a)(2)(B) of
such section.''; and
(2) in section 577(a) (42 U.S.C. 13662(a)), by adding after
and below paragraph (2) the following new flush material:
``This subsection shall not apply to applicants for, or families
assisted under, the entitlement program for housing choice vouchers
under section 3 of the Ending Homelessness Act of 2023.''.
SEC. 5. PROHIBITING HOUSING DISCRIMINATION BASED ON SOURCE OF INCOME.
(a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is
amended--
(1) in section 802 (42 U.S.C. 3602), by adding at the end
the following:
``(p) `Source of income' includes--
``(1) current and future use of a tenant- or project-based
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 person or family or
provided to a housing owner on behalf of a person or family,
including rental vouchers, rental assistance, down payment
assistance, other homeownership assistance, assistance to cover
housing costs, and other rental and homeownership subsidies, or
guarantees or financial assistance provided through government
and nongovernment organizations, including both receipt of such
assistance and compliance with its terms thereof;
``(2) income received as a monthly benefit under title II
of the Social Security Act (42 U.S.C. 401 et seq.), as a
supplemental security income benefit under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), or as a benefit
under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.) or income provided through Federal, State, or local
governments or nongovernment organizations, or through any
public or State-supported general or disability income
assistance program or the terms of such income;
``(3) income received by court order, including spousal
support and child support;
``(4) any payment from a trust, guardian, conservator, co-
signer, or relative; and
``(5) any other source of income or funds, including
savings accounts and investments.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) by inserting ``source of income,'' after
``familial status,'' each place that term appears; and
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by inserting ``source of
income,'' after ``familial status,''; and
(B) in subsection (c), by inserting ``source of
income,'' after ``handicap,'';
(4) in section 806 (42 U.S.C. 3606), by inserting ``source
of income,'' after ``familial status,'';
(5) in section 807 (42 U.S.C. 3607), by adding at the end
the following new subsection:
``(c) Nothing under this title shall be construed to prohibit any
entity from providing a preference for veterans or based on veteran
status in the sale or rental of a dwelling or in the provision of
services or facilities in connection therewith.'';
(6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``source of income,'' after ``handicap,''; and
(7) in section 810(f) (42 U.S.C. 3610(f)), by striking
paragraph (4) and inserting the following:
``(4) During the period beginning on the date of enactment of the
Ending Homelessness Act of 2023 and ending on the date that is 40
months after such date of enactment, each agency certified for purposes
of this title on the day before such date of enactment shall, for
purposes of this subsection, be considered certified under this
subsection with respect to those matters for which the agency was
certified on that date. If the Secretary determines in an individual
case that an agency has not been able to meet the certification
requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in that
jurisdiction, the Secretary may extend such period by not more than 6
months.''.
(b) Prevention of Intimidation in Fair Housing Cases.--Section 901
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by
inserting ``source of income (as defined in section 802),'' before ``or
national origin'' each place that term appears.
(c) Authorization of Appropriations for Enforcement.--There is
authorized to be appropriated for contracts, grants, and other
assistance--
(1) $90,000,000 for each of fiscal years 2024 through 2033
for the Fair Housing Initiatives Program under section 561 of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a);