[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);