[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);