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Code · BILL · 116th Congress · H.R. 1856 (Reported in House) — To provide a path to end homelessness in the United States, and for other purposes. · Sec. 3

Sec. 3. Funding to address unmet needs

1,843 words·~8 min read·/bill/116/hr/1856/rh/section-3

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Title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq) is amended— by redesignating section 491 ( 42 U.S.C. 11408 ; relating to rural housing stability grant program) as section 441; by redesignating section 592 ( 42 U.S.C. 11408a ; relating to use of FMHA inventory for transitional housing for homeless persons and for turnkey housing) as section 442; and by adding at the end the following new subtitle: There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2020 through 2024, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need.
Amounts appropriated under subsection
(a)for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph
(2)of this subsection. The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of— the poverty rate in the geographic area represented by the collaborative applicant; shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant; the number of overcrowded housing units in the geographic area represented by the collaborative applicant; the number of unsheltered homeless individuals and the number of chronically homeless individuals; and any other factors that the Secretary considers appropriate. The formula shall provide priority to collaborative applicants for which the local governments, within the area served by the applicant, have adopted local policies, such as through zoning and regulation, that leverage the private sector’s participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as defined by the Secretary, for a minimum term of 15 years. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph
(2)of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant. The funding formula required under paragraph
(2)shall be established by regulations issued, after notice and opportunity for public comment, not later than 6 months after the date of enactment of this section. Subject to paragraphs
(2)through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b). Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services. The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph
(A)if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that— chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy. The Secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than 60 days after receipt of such request. Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration. The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons. Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection
(a)of such section. Not later than the expiration of the 12-month period beginning upon the first allocation of amounts made after the date of the enactment of this Act pursuant to subsection (b)(1), and annually thereafter, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate providing detailed information regarding the grants made under this section during the preceding year, the activities funded with such grant amounts, and the impact of such activities on the communities where such activities took place. The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under paragraph (1). There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2020 through 2024, $500,000,000, to remain available until expended, which shall be used as follows: Except as provided in paragraph (2), such amount shall be used for incremental assistance for rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for persons and households who are homeless (as such term is defined in section 103 ( 42 U.S.C. 11302 )), which assistance shall be in addition to such assistance provided pursuant to renewal of expiring contracts for such assistance. The Secretary may use not more than 10 percent of such amounts provided for each fiscal year for administrative fees under 8(q) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(q) ). The Secretary shall establish policies and procedures to provide such fees to the extent necessary to assist homeless persons and families on whose behalf rental assistance is provided to find and maintain suitable housing. The Secretary shall make assistance provided under this section available to public housing agencies based on geographical need for such assistance by homeless persons and households, as identified by the Secretary, public housing agency administrative performance, and other factors as specified by the Secretary. In allocating assistance among public housing agencies, the Secretary shall provide priority to agencies having jurisdictions in which the local governments within such jurisdictions have adopted local policies, such as through zoning and regulation, that leverage the private sector’s participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as determined by the Secretary, for a minimum term of 15 years. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. Assistance made available under this section shall continue to remain available only for homeless persons and households upon turn-over. Renewal of expiring contracts for rental assistance provided under subsection
(a)and for administrative fees under such subsection shall, to the extent provided in appropriation Acts, be funded under the section 8 tenant-based rental assistance account. Upon a finding by the Secretary that a waiver or alternative requirement pursuant to this subsection is necessary to ensure that homeless persons and households can obtain housing using rental assistance made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) that relates to screening of applicants for assistance, admission of applicants, and selection of tenants. The Secretary shall require public housing agencies receiving rental assistance funding made available under this section to take all reasonable actions to help assisted persons and families avoid subsequent homelessness. There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2020 through 2024, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless. The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402. The competition for grants under this section shall provide priority— to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c); and to collaborative applicants for which the local governments, within the area served by the applicant, have adopted local policies, such as through zoning and regulation, that leverage the private sector’s participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as defined by Secretary, for a minimum term of 15 years. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. A collaborative applicant that receives a grant under this section may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless. The Secretary shall establish the criteria for the competition for grants under this section required under subsection
(b)by regulations issued, after notice and opportunity for public comment, not later than 6 months after the date of enactment of this section. .
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