Text of US HB 3772 (2022)

I 117TH CONGRESS 1ST SESSION H. R. 3772 To address root causes of homelessness, meet the needs of community mem- bers experiencing harms from homelessness, transition communities to- wards 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 JUNE 8, 2021 Ms. JAYAPAL (for herself, Ms. MENG, Ms. PRESSLEY, Mr. GRIJALVA, Ms. CHU, Ms. OMAR, Mr. BOWMAN, Mr. MCGOVERN, Ms. SCHAKOWSKY, Ms. NORTON, Mr. BLUMENAUER, Ms. BUSH, Mr. GARCI´A of Illinois, Mr. TORRES of New York, Ms. TLAIB, Ms. LEE of California, and Ms. OCASIO-CORTEZ) 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 Labor, 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 juris- diction of the committee concerned A BILL To address root causes of homelessness, meet the needs of community members experiencing harms from home- lessness, transition communities towards providing hous- ing 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3772 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Housing Is a Human Right Act of 2021’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 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 individ- uals. TITLE V—ACCESS TO PERSONAL DOCUMENTS Sec. 501. Access to certain essential documents. TITLE VI—UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS Sec. 601. Permanent authorization. Sec. 602. Functions. VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3772 IH Sec. 603. Advisory board. Sec. 604. Director. Sec. 605. Conforming amendment. TITLE VII—REVENUE RELATED TO HOUSING SPECULATION AND DISPLACEMENT Sec. 601. Amendments to the tax code. SEC. 2. DEFINITIONS. 1 For purposes of this Act, the following definitions 2 shall apply: 3 (1) AT RISK OF HOMELESSNESS.—The term 4 ‘‘at risk of homelessness’’ means, with respect to an 5 individual or family, that the individual or family— 6 (A) has an annual income that is less than 7 30 percent of median family income for the 8 area, as determined by the Secretary; 9 (B) does not have sufficient resources or 10 support networks, including family, friends, 11 faith-based organizations, and other social net- 12 works, immediately available to prevent the in- 13 dividual or family from moving to an emergency 14 shelter or other place described in paragraph 15 (3)(A) of this subsection; and 16 (C)(i) has moved because of economic 17 hardship two or more times during the 60 days 18 immediately preceding the application for home- 19 lessness prevention assistance under this Act; 20 (ii) is living in the home of another be- 21 cause of economic hardship; 22 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3772 IH (iii) has been notified in writing that their 1 right to occupy their current housing or living 2 situation will be terminated within 21 days of 3 the date of application for assistance under this 4 Act; 5 (iv) lives in a hotel or motel and the cost 6 of the hotel or motel stay is not paid by chari- 7 table organizations or by Federal, State, or 8 local government programs for low-income indi- 9 viduals; 10 (v) lives in a single-room occupancy or effi- 11 ciency apartment unit in which there reside 12 more than two persons, or lives in a larger 13 housing unit in which there reside more than 14 1.5 people per room, as defined by the United 15 States Census Bureau; 16 (vi) is exiting a publicly funded institution, 17 or system of care, including health-care facili- 18 ties, mental health facilities, foster care and 19 other youth facilities, and correction programs 20 and institutions; or 21 (vii) otherwise lives in housing that has 22 characteristics associated with instability and 23 an increased risk of homelessness, including 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3772 IH those characteristics identified in the approved 1 consolidated plan for the applicable jurisdiction. 2 (2) COST-BURDENED.—The term ‘‘cost-bur- 3 dened’’ means, with respect to an individual or fam- 4 ily, that the individual or family— 5 (A) spends more than 22 percent of their 6 income on rent, or other housing-related costs, 7 including property taxes, utility bills, and mort- 8 gage payments, or both; or 9 (B) otherwise compromises other basic 10 needs in order to pay for housing. 11 (3) GOVERNMENTAL UNIT; MUNICIPALITY.— 12 The terms ‘‘governmental unit’’ and ‘‘municipality’’ 13 have the meanings given such terms in section 101 14 of title 31, United States Code. 15 (4) HOMELESS.—The term ‘‘homeless’’ means, 16 with respect to an individual or family— 17 (A) an individual or family who lacks a 18 fixed, regular, and adequate nighttime resi- 19 dence; 20 (B) an individual or family with a primary 21 nighttime residence that is a public or private 22 place not designed for or ordinarily used as a 23 regular sleeping accommodation for human 24 beings, including a car, park, abandoned build- 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3772 IH ing, bus or train station, airport, or camping 1 ground; 2 (C) an individual or family living in a su- 3 pervised publicly or privately operated shelter 4 designated to provide temporary living arrange- 5 ments (including hotels and motels paid for by 6 Federal, State, or local government programs 7 for low-income individuals or by charitable or- 8 ganizations, congregate shelters, and transi- 9 tional housing); 10 (D) an individual who resided in a shelter 11 or place not meant for human habitation and 12 who is exiting an institution where he or she 13 temporarily resided; and 14 (E) an individual or family who will immi- 15 nently lose their housing, including housing 16 they own, rent, or live in without paying rent, 17 are sharing with others, and rooms in hotels or 18 motels not paid for by Federal, State, or local 19 government programs for low-income individ- 20 uals or by charitable organizations. 21 (5) HOUSING FIRST.—The term ‘‘Housing 22 First’’ means, with respect to addressing homeless- 23 ness, an approach to quickly and successfully con- 24 nect individuals and families experiencing homeless- 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3772 IH ness to permanent and affordable housing opportuni- 1 ties and appropriate services without preconditions 2 and low or no barriers to entry, including barriers 3 relating to sobriety, treatment, work requirements, 4 and service participation requirements. 5 (6) HOUSING-UNSTABLE.— 6 (A) IN GENERAL.—The term ‘‘housing-un- 7 stable’’ means, with respect to an individual or 8 family that the individual or family— 9 (i) lacks a fixed, regular, and ade- 10 quate nighttime residence; 11 (ii) shares housing with other persons 12 due to loss of housing or economic hard- 13 ship; 14 (iii) lives in hotels or motels, trailer 15 parks, or campgrounds due to lack of al- 16 ternative arrangements; 17 (iv) is awaiting foster care placement; 18 (v) lives in substandard housing; 19 (vi) is a child of migrant worker; 20 (vii) has moved more than three times 21 in the past year due to economic insta- 22 bility; 23 (viii) would be unable to pay for hous- 24 ing if their income decreased by $100 or 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3772 IH more or if they experienced a financial 1 hardship; 2 (ix) is paying for housing or shelter 3 with labor or sex; 4 (x) has housing that is dependent on 5 their employer; 6 (xi) is exiting from incarceration (in- 7 cluding pre-trial and pre-conviction deten- 8 tion; immigration detention; and juvenile 9 detention) or who will be exiting from in- 10 carceration (including conditional release 11 on bail or parole) in the next six months, 12 or, with respect to youth, who is or has 13 been held in the custody of the Office of 14 Refugee Resettlement of the Department 15 of Health and Human Services; 16 (xii) has an income that does not ex- 17 ceed 50 percent of median income for the 18 area in which they reside; 19 (xiii) has a primary income that is 20 fixed and derived solely from Federal or 21 State benefits; or 22 (xiv) is a survivor of domestic violence 23 or trafficking residing with a perpetrator 24 of domestic violence or trafficking. 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3772 IH (B) INCLUDED POPULATIONS.—Such term 1 includes an individual or family who is— 2 (i) at risk of homelessness, as such 3 term in defined in this subsection; 4 (ii) not consistently or safely housed, 5 including individuals and families at immi- 6 nent risk of eviction, who are couch-hop- 7 ping, have had to move into the dwelling 8 unit of another individual or family; or 9 (iii) homeless in a rural area. 10 (7) JUSTICE SYSTEM-INVOLVED.—The term 11 ‘‘justice system-involved’’ includes persons who are 12 or have been incarcerated or held in municipal, 13 State, or Federal jails, prisons, juvenile facilities, or 14 other types of detention facilities, who have been 15 held in pre-trial or post-conviction detention, who 16 have an arrest or conviction regardless of whether 17 they were detained or incarcerated, who have been 18 held in immigration detention, or, with respect to 19 youth, who are or have been held in the custody of 20 the Office of Refugee Resettlement of the Depart- 21 ment of Health and Human Services. 22 (8) PENALIZE HOMELESSNESS.—The term ‘‘pe- 23 nalize homelessness’’ means to impose, by a govern- 24 mental unit, criminal or civil penalties on persons 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3772 IH who are homeless or housing unstable in a manner 1 that is related to those persons’ engagement in nec- 2 essary human activities, including sleeping, resting, 3 and eating. 4 (9) PERMANENT SUPPORTIVE HOUSING.—The 5 term ‘‘permanent supportive housing’’ means hous- 6 ing that provides— 7 (A) indefinite leasing or rental assistance; 8 and 9 (B) non-mandatory, culturally competent 10 supportive services to assist persons to achieve 11 housing stability and maintain their health and 12 well-being. 13 (10) POPULATION AT HIGHER RISK OF HOME- 14 LESSNESS.— 15 (A) IN GENERAL.—The term ‘‘population 16 at higher risk of homelessness’’ means a group 17 of persons that is defined by a common char- 18 acteristic and that has been found to experience 19 homelessness, housing instability, or to be cost- 20 burdened at a rate higher than that of the gen- 21 eral public. 22 (B) HIGHER RATE.—Information that may 23 be used in demonstrating such a higher rate in- 24 cludes data generated by the Federal Govern- 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3772 IH ment, by State or municipal governments, by 1 peer-reviewed research, and by organizations 2 having expertise in working with or advocating 3 on behalf of homeless, housing unstable, or 4 cost-burdened groups. 5 (C) INCLUDED POPULATIONS.—Such term 6 shall include populations for which such higher 7 rate has already been demonstrated, including 8 Asian, Black, Latino, Native American, Native 9 Hawaiian, Pacific Islander and other commu- 10 nities of color; persons with disabilities, includ- 11 ing mental health disabilities, elderly persons, 12 foster and former foster youth; LGBTQ per- 13 sons, gender non-binary and gender non-con- 14 forming persons, justice system-involved per- 15 sons, and veterans. 16 TITLE I—SUPPORTED ALTER- 17 NATIVES TO PENALIZATION 18 OF PERSONS EXPERIENCING 19 HOMELESSNESS 20 SEC. 101. GRANT AUTHORIZATION. 21 The Attorney General is authorized to make grants 22 to States, units of local government, public and commu- 23 nity defender systems, and nonprofit organizations to cre- 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3772 IH ate or expand alternatives to penalizing homelessness (as 1 such term is defined in section 2 of this Act). 2 SEC. 102. APPLICATION. 3 (a) IN GENERAL.—An entity seeking a grant under 4 this title shall submit to the Attorney General an applica- 5 tion at such time, in such manner, and containing such 6 information as the Attorney General may reasonably re- 7 quire, including an assurance described in subsection (b). 8 (b) ASSURANCE DESCRIBED.—An assurance de- 9 scribed in this subsection is an assurance that the entity 10 has in place a policy protecting employees and persons and 11 communities served by the entity from discrimination 12 under applicable civil rights laws, and that such policy in- 13 cludes protection from discrimination on the basis of gen- 14 der-related identity, appearance, mannerisms, or other 15 gender-related characteristics of an individual, regardless 16 of the individual’s designated sex at birth. 17 (c) NONPROFIT EXPERTISE.—In addition to the as- 18 surance described in subsection (b), a nonprofit organiza- 19 tion seeking a grant under this title shall demonstrate in 20 its application that it has a proven history of— 21 (1) successful engagement with populations ex- 22 periencing homelessness and housing instability, in- 23 cluding members of a population at higher risk of 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 3772 IH homelessness, as such term is defined in section 2 of 1 this Act; or 2 (2) assisting communities to engage in alter- 3 natives to penalizing homelessness. 4 SEC. 103. USE OF FUNDS. 5 An entity that receives a grant under this title may 6 use funds received under this title for any of the following: 7 (1) Creating or expanding a diversion program, 8 including a law enforcement assisted diversion pro- 9 gram, which program includes— 10 (A) a focus on reducing racial disparity in 11 law enforcement and prosecution; 12 (B) reliance on harm-reduction principles; 13 (C) collaboration with community-based, 14 trauma-informed organizations; 15 (D) development of pre-arrest diversion 16 programs that are designed in consultation per- 17 sons experiencing homelessness and housing in- 18 stability, populations at higher risk of homeless- 19 ness, and community based health and service 20 providers; and 21 (E) a primary focus on providing diversion 22 services to persons and communities that are 23 homeless or at risk of homelessness. 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 3772 IH (2) Providing technical support to jurisdictions 1 that are working to reduce the extent to which the 2 laws or policies in that jurisdiction penalize home- 3 lessness, including— 4 (A) assisting the jurisdiction in creating 5 procedures, programs, and infrastructure to 6 safeguard the personal property of persons ex- 7 periencing homelessness or housing instability, 8 in consultation with persons and organizations 9 representing such persons; 10 (B) developing protocols for pre-booking 11 diversion for offenses in cases where the inci- 12 dent is related to homelessness or housing in- 13 stability, a mental health condition, or addic- 14 tion; and 15 (C) identifying statutes, regulations, and 16 policies that penalize homeless and housing un- 17 stable persons, and identifying, pursuing, and 18 implementing alternatives that promote Hous- 19 ing First, permanent supportive housing, and 20 the health, safety and self-determination of 21 such persons. 22 (3) Creating, supporting, expanding, or study- 23 ing mobile crisis intervention teams that are trained 24 to provide stabilization services to persons with an 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 3772 IH urgent medical or psychological need, as an alter- 1 native to a law enforcement response, which teams 2 may include healthcare professionals, mental health 3 professionals, addiction counselors, housing referral 4 specialists, groups serving or representing justice 5 system-involved or housing unstable persons, and 6 other related resource providers. 7 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 8 There is authorized to be appropriated to carry out 9 this title $100,000,000 for the first fiscal year com- 10 mencing after the date of the enactment of this Act and 11 for each of the next nine succeeding fiscal years thereafter. 12 TITLE II—INVESTING IN INFRA- 13 STRUCTURE TO ADDRESS 14 BASIC HUMAN NEEDS 15 SEC. 201. CDBG PLUS PROGRAM. 16 Title IV of the McKinney-Vento Homeless Assistance 17 Act (42 U.S.C. 11360 et seq.) is amended by adding at 18 the end the following new subtitle: 19 ‘‘Subtitle E—Community Develop- 20 ment Block Grant Plus Program 21 ‘‘SEC. 496. CDBG PLUS PROGRAM. 22 ‘‘(a) AUTHORITY.—The Secretary of Housing and 23 Urban Development shall carry out a Community Develop- 24 ment Block Grant Plus Program under this section (in 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 3772 IH this section referred to as the ‘CDBG Plus Program’) to 1 provide assistance to units of general local government 2 and States for activities to benefit homeless, housing un- 3 stable, or cost-burdened households, as such terms are de- 4 fined in section 2 of the Housing Is a Human Right Act 5 of 2021. 6 ‘‘(b) STRUCTURE.—The CDBG Plus Program shall 7 be carried out in the same manner and subject to the same 8 requirements and limitations applicable to the community 9 development block grant program under title I of the 10 Housing and Community Development Act of 1974 (42 11 U.S.C. 5301 et seq.), except to the extent otherwise pro- 12 vided— 13 ‘‘(1) by this section; or 14 ‘‘(2) by the Secretary, to account for differences 15 between— 16 ‘‘(A) the primary objectives of such block 17 grant program and the CDBG Plus Program 18 (as provided in subsection (c) of this section); 19 and 20 ‘‘(B) the primary benefit requirement of 21 such block grant program under section 101(c) 22 of such Act (42 U.S.C. 5301(c)) and the pri- 23 mary benefit requirement of the CDBG Plus 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 3772 IH Program (as provided in subsection (d) of this 1 section). 2 ‘‘(c) PRIMARY OBJECTIVE.—The primary objective of 3 this section and of the CDBG Plus Program of each 4 grantee under the program shall be to reduce and end 5 homelessness and housing instability and to reduce and 6 prevent housing-related cost-burdens, with priority given 7 to providing housing for low-income and extremely low- 8 income households and for members of a population at 9 higher risk of homelessness, as such term is defined in 10 section 2 of the Housing Is a Human Right Act of 2021. 11 ‘‘(d) PRIMARY BENEFIT REQUIREMENT.—Consistent 12 with the primary objective under subsection (c), all of the 13 Federal assistance provided to States and units of general 14 local government under the CDBG Plus Program shall be 15 used for the support of activities that benefit homeless, 16 housing unstable, or cost-burdened households. 17 ‘‘(e) PROGRAM DIFFERENCES.—Notwithstanding 18 any provision of title I of the Housing and Community 19 Development Act of 1974 (42 U.S.C. 5301 et seq.), the 20 CDBG Plus Program shall be subject to the following re- 21 quirements: 22 ‘‘(1) ELIGIBLE ACTIVITIES.—Notwithstanding 23 section 105 of such title (42 U.S.C. 5305), activities 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 3772 IH assisted under the CDBG Plus Program may include 1 only the following activities: 2 ‘‘(A) Projects that improve compliance 3 with the Americans With Disabilities Act of 4 1990 (42 U.S.C. 12101 et seq.), projects that 5 address other barriers to full community par- 6 ticipation, integration, and access as identified 7 by directly impacted persons with disabilities 8 who experience homelessness or housing insta- 9 bility, and projects directed to the removal of 10 material and architectural barriers which re- 11 strict the mobility and accessibility of elderly 12 persons and persons with disabilities, and 13 projects that assist elderly persons to age in 14 place. 15 ‘‘(B) The acquisition of real property (in- 16 cluding air rights, water rights, and other inter- 17 ests therein), that— 18 ‘‘(i) is appropriate for rehabilitation, 19 conservation, or construction of permanent 20 affordable housing or transitional housing; 21 or 22 ‘‘(ii) is being acquired by or on behalf 23 of a group of persons who are homeless, 24 housing unstable, or at risk of homeless- 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 3772 IH ness to provide housing, land, or self-deter- 1 mination to that group of persons. 2 ‘‘(C) The provision of public services that 3 increase stability and housing access for per- 4 sons experiencing homelessness or housing in- 5 stability, including services associated with per- 6 manent supportive housing, housing search and 7 placement support, and legal services. 8 ‘‘(D) Activities necessary to develop, imple- 9 ment, or evaluate a comprehensive plan to end 10 homelessness and housing instability. 11 ‘‘(E) The rehabilitation, development, or 12 construction of dignified and humane housing 13 that is permanently affordable to persons earn- 14 ing 30 percent or less of the median income for 15 the area in which the housing is located, includ- 16 ing the construction and maintenance of public 17 housing units and the creation of new forms of 18 housing, such as tiny homes. 19 ‘‘(F) The acquisition, rehabilitation, ren- 20 ovation, or conversion of transitional housing, 21 temporary shelters, and other spaces, such as 22 hotels, motels, government-owned properties, 23 and commercial business spaces, to address ur- 24 gent safety and public health needs for persons 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 3772 IH experiencing homelessness and housing insta- 1 bility, except that no funds shall be granted to 2 any projects by government units or municipali- 3 ties that penalize homelessness or force or co- 4 erce persons to utilize those spaces. 5 ‘‘(G) All necessary activities to create, 6 maintain, and offer to the public the types of 7 infrastructure necessary to address basic 8 human needs, including public bathrooms, 9 water fountains, and places to sit and rest. 10 ‘‘(H) Projects that ensure access to spe- 11 cialized medical respite housing and associated 12 services and supports for persons experiencing 13 homelessness or housing instability who are 14 sick, injured, or who have been discharged from 15 hospitals, nursing facilities, or similar facilities. 16 Notwithstanding any provision of title I of the Hous- 17 ing and Community Development Act of 1974, the 18 construction of new affordable housing in accordance 19 with this paragraph is specifically permitted as an 20 eligible activity of the CDBG Plus Program. 21 ‘‘(2) FORMULA DISTRIBUTION.— 22 ‘‘(A) USE OF EXISTING REGULATIONS.— 23 Until the regulations required under subpara- 24 graph (B) take effect, amounts made available 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 3772 IH for assistance under this title shall be allocated 1 pursuant to the formula established under sec- 2 tion 106 of the Housing and Community Devel- 3 opment Act of 1974 (42 U.S.C. 5306). 4 ‘‘(B) NEW FORMULA.—Not later than the 5 expiration of the 12-month period beginning on 6 the date of the enactment of this Act, the Sec- 7 retary shall issue regulations that establish a 8 formula for allocation of amounts made avail- 9 able for assistance under this title that utilizes 10 factors that more directly correlate to need of 11 grantees for such amounts to address homeless- 12 ness, housing instability, and cost-burdened 13 households. 14 ‘‘(3) CITIZEN PARTICIPATION PLAN.—In addi- 15 tion to citizen participation requirements under sec- 16 tion 104(a) of such title (42 U.S.C. 5304(a)), the 17 citizenship participation process of each grantee 18 under the CDBG Plus Program shall solicit the ac- 19 tive participation of homeless, housing unstable, and 20 cost-burdened households in directing the use of as- 21 sistance provided under the Program. 22 ‘‘(4) NON-DISPLACEMENT.—Notwithstanding 23 section 104(d) of such title (42 U.S.C. 5304(d)), 24 each grantee under the CDBG Plus Program shall— 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 3772 IH ‘‘(A) certify that the activities funded with 1 assistance provided under the program will not 2 displace low- and moderate-income people; and 3 ‘‘(B) take such actions as the Secretary 4 considers necessary to inform residents of 5 grantee community of a phone number for the 6 Department of Housing and Urban Develop- 7 ment which may be used to inform the Depart- 8 ment of any such activities that may be causing 9 the displacement of low- and moderate-income 10 residents. 11 ‘‘(5) EXPEDITED ASSISTANCE.—The Secretary 12 shall provide for expedited funding under the CDBG 13 Plus program for any grantee that demonstrates 14 that Federal property is available in the jurisdiction 15 of the grantee that could be used to address home- 16 lessness and associated needs or housing instability 17 but for the infrastructure needs that could be ad- 18 dressed through funds provided under the CDBG 19 Plus Program. 20 ‘‘(6) HOUSING-FIRST.—In allocating amounts 21 for grants under the CDBG Plus Program, the Sec- 22 retary shall prioritize affordable housing creation, 23 permanent supportive housing, and supportive serv- 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 3772 IH ices utilizing a Housing First model, and other in- 1 frastructure to address basic human needs. 2 ‘‘(7) SUSTAINABILITY, RESILIENCE, AND 3 WATER AND ENERGY EFFICIENCY.—Not less than 4 10 percent of all amounts made available for assist- 5 ance pursuant to this section shall be used only for 6 eligible activities relating to sustainability, resilience, 7 water and energy efficiency and, at the Secretary’s 8 discretion, other strategies to enhance the environ- 9 mental sustainability and climate resilience of pro- 10 duction, design, and construction of structures fund- 11 ed under the program under this section. Eligible ac- 12 tivities shall include— 13 ‘‘(A) construction that utilizes local, nat- 14 ural materials developed using sustainable 15 methods that produce few or no carbon emis- 16 sions; or other sustainable materials; 17 ‘‘(B) use of sustainable appliances made in 18 the United States, including all-electric appli- 19 ances, and use of appliance, materials, and pro- 20 cedures that bring the structure into compli- 21 ance with the Environmental Protection Agen- 22 cy’s WaterSense certification for efficient water 23 use and Energy Star certification for energy-ef- 24 ficient appliances; 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 3772 IH ‘‘(C) construction or retrofit to build high- 1 ly energy-efficient structures that produce on- 2 site, or procure, enough carbon-free renewable 3 energy to meet total energy consumption annu- 4 ally; 5 ‘‘(D) use of renewable energy, which shall 6 include— 7 ‘‘(i) utility-, community-, and small- 8 scale photovoltaic and thermal solar en- 9 ergy; 10 ‘‘(ii) utility- and small-scale wind en- 11 ergy; 12 ‘‘(iii) geothermal energy; 13 ‘‘(iv) microturbine hydroelectricity; 14 ‘‘(v) energy efficiency; 15 ‘‘(vi) building electrification; 16 ‘‘(vii) energy storage; 17 ‘‘(viii) microgrids; and 18 ‘‘(ix) modern distribution grid infra- 19 structure; and 20 ‘‘(E) construction, retrofit, alternations, or 21 repair that brings the structure into compliance 22 with an Environmental Protection Agency or 23 sustainable construction industry-recognized 24 standard, including the Leadership in Energy 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 3772 IH and Environmental Design, International Green 1 Construction Code, ASHRAE 189.1, National 2 Green Building Standard, Green Globes, Living 3 Building Challenge, and Building Research Es- 4 tablishment Environmental Assessment Method 5 (BREEAM). 6 ‘‘(8) NO PENALIZATION OF HOMELESSNESS.— 7 In allocating amounts for grants under the program 8 under this section, the Secretary shall prioritize ap- 9 plicants with a dedicated commitment to reducing 10 and ending the penalization of homelessness and ap- 11 plicants that can demonstrate compliance with Cen- 12 ter for Disease Control standards on appropriate re- 13 sponses to the coronavirus disease 2019 for persons 14 experiencing unsheltered homelessness. 15 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec- 16 tion may be construed to affect or alter the community 17 development block grant program under title I of the 18 Housing and Community Development Act of 1974 (42 19 U.S.C. 5301 et seq.). 20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 21 is authorized to be appropriated for assistance under the 22 CDBG Plus Program under this section, for the first fiscal 23 year commencing after the date of the enactment of this 24 Act and for each of the next nine succeeding fiscal years 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 3772 IH thereafter, an amount equal to the difference between 1 $6,000,000,000 and the amount credited for such use for 2 such fiscal year pursuant to section 301(3) of the Housing 3 Is a Human Right Act of 2021.’’. 4 SEC. 202. LIBRARY PILOT GRANTS. 5 (a) AUTHORIZATION.—From amounts made available 6 under subsection (g) for a fiscal year, the Institute of Mu- 7 seum and Library Services (in this section referred to as 8 the ‘‘Institute’’) shall award grants, on a competitive 9 basis, to enable municipal, county, and State library ad- 10 ministrative agencies to award subgrants to public librar- 11 ies, school libraries, and public law school libraries for car- 12 rying out pilot programs to address the needs of homeless 13 and housing-unstable persons. 14 (b) PILOT PROGRAMS.—Each pilot program assisted 15 with amounts from a subgrant under this section shall 16 allow a library system or systems to create or expand 17 projects or services that primarily address the needs of 18 homeless and housing-unstable persons. Preference shall 19 be given to funding proposals that integrate with existing 20 Federal or State programs that serve homeless persons, 21 housing-unstable individuals, and cost-burdened house- 22 holds. 23 (c) AUTHORIZED AGENCY.—The Institute shall dis- 24 burse funding made available to carry out this section. 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 27 •HR 3772 IH The Institute may consult with the Secretary of Housing 1 and Urban Development, the Interagency Council on 2 Homelessness, or any other appropriate agency to ensure 3 that funds are disbursed and utilized appropriately. 4 (d) APPLICATIONS.—To be eligible for a grant under 5 this section, a municipal, county, or State library adminis- 6 trative agency shall submit an application at such time, 7 in such manner, and containing such information as the 8 Institute may require. Each application shall include— 9 (1) a description of how the municipal, county, 10 or State library administrative agency will award 11 subgrants described in subsection (e), including any 12 priorities or considerations that will be applied in 13 making such awards, with an emphasis toward sup- 14 porting programs addressing the needs of homeless 15 persons; 16 (2) a description of how the municipal, county, 17 or State library administrative agency will dissemi- 18 nate, in a timely manner, information regarding the 19 subgrants described in subsection (e) and the appli- 20 cation process for such subgrants; 21 (3) a description of the criteria that the munic- 22 ipal, county, or State library administrative agency 23 will require for the programs; and 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 28 •HR 3772 IH (4) an assurance from the municipal, county, or 1 State library administrative agency that each eligible 2 library that receives a subgrant will provide pro- 3 grams that primarily serve persons who are homeless 4 or housing-unstable. 5 (e) SUBGRANTS.— 6 (1) IN GENERAL.—Each municipal, county, or 7 State library administrative agency receiving a grant 8 under this section may use such grant amounts to 9 provide subgrants, on a competitive basis, to a pub- 10 lic library, school library, or public law school librar- 11 ies to enable such libraries to provide programs that 12 address the need of homeless persons. 13 (2) APPLICATIONS.—To be eligible for a 14 subgrant under this subsection, a public library, 15 school library, or public law school library shall sub- 16 mit an application at such time, in such manner, 17 and containing such information as the municipal, 18 county, or State library administrative agency may 19 require. Each application shall include— 20 (A) a description of the homelessness-re- 21 lated programs that the eligible local library ad- 22 ministrative agency will provide at each library 23 to be assisted; and 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 29 •HR 3772 IH (B) a description of how community or 1 governmental partners will be involved in the 2 homelessness-related programs of the library. 3 (3) CRITERIA FOR AWARDS.—A municipal, 4 county, or State library administrative agency re- 5 ceiving a grant under this section shall award sub- 6 grants based on— 7 (A) the proposed number of libraries and 8 the estimated number of homeless persons that 9 will be served under the homelessness-related 10 programs; and 11 (B) any other criteria established by the 12 municipal, county, or State library administra- 13 tive agency in the application submitted under 14 subsection (d). 15 (f) REPORTS.—Each State library administrative 16 agency receiving a grant under this section for a fiscal 17 year shall submit a report for such fiscal year to the Insti- 18 tute regarding the progress made in achieving the pur- 19 poses of the grant. 20 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 21 authorized to be appropriated to carry out this section 22 $10,000,000 for the first fiscal year commencing after the 23 date of the enactment of this Act and for each of the next 24 nine succeeding fiscal years thereafter. 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 30 •HR 3772 IH SEC. 203. USE OF UNUTILIZED AND UNDERUTILIZED PUB- 1 LIC BUILDINGS AND REAL PROPERTY TO AS- 2 SIST THE HOMELESS. 3 Section 501 of the McKinney-Vento Homeless Assist- 4 ance Act (42 U.S.C. 11411) is amended— 5 (1) in subsection (d)— 6 (A) in paragraph (1), strike ‘‘30’’ and in- 7 sert ‘‘365’’; and 8 (B) in paragraph (2), strike ‘‘30-day’’ and 9 insert ‘‘365-day’’; 10 (2) in subsection (e)(2)(A), strike ‘‘75’’ and in- 11 sert ‘‘365’’; and 12 (3) in subsection (f), by adding at the end the 13 following new paragraph: 14 ‘‘(5)(A) In the case of a representative of the home- 15 less who has received a grant under a CDBG Plus Pro- 16 gram under section 496 of this Act, such representative 17 shall, notwithstanding any other provision of this title, be 18 considered eligible for conveyance of any real or personal 19 property requested under the authority of this section or 20 section 502 (42 U.S.C. 11412). 21 ‘‘(B) A request by such a representative shall be ex- 22 pedited and shall not be subject to the review processes 23 under such sections. It shall be the burden of the Sec- 24 retary to present any reasons why the grantee should not 25 receive the requested property, and absent extraordinary 26 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 31 •HR 3772 IH circumstances, including danger to the grantee or poten- 1 tial harmful environmental impact that would be impos- 2 sible to mitigate, the representative of the homeless shall 3 be presumed to qualify for the property requested. 4 ‘‘(C) Conveyances of properties pursuant to this sec- 5 tion shall be made deed, and not by lease, unless explicitly 6 requested otherwise by the representative of the homeless. 7 ‘‘(D) The Secretary shall identify and implement a 8 process by which such grant recipients and applicants 9 shall be— 10 ‘‘(i) regularly notified of their eligibility status 11 under this paragraph; 12 ‘‘(ii) notified of all lists of available properties; 13 ‘‘(iii) presumed to be eligible for transfers of 14 property; 15 ‘‘(iv) prioritized and expedited for transfers of 16 property; 17 ‘‘(v) permitted to appeal to the Secretary for re- 18 consideration; 19 ‘‘(vi) expedited access to properties; and 20 ‘‘(vii) conveyed properties pursuant to subpara- 21 graph (C).’’. 22 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 32 •HR 3772 IH TITLE III—INVESTING IN COM- 1 MUNITY STABILITY AND 2 WELL-BEING 3 SEC. 301. TREATMENT OF REVENUE GENERATED. 4 For each fiscal year, the Secretary of the Treasury 5 shall determine the amount of revenues accruing to the 6 general fund of the Treasury by reason of the enactment 7 of title VI of this Act and shall credit an amount equal 8 to such revenues to the Secretary of Housing and Urban 9 Development as follows: 10 (1) The Secretary shall credit 40 percent of 11 such revenues for assistance under the emergency 12 solutions grant program authorized under subtitle B 13 of title IV of the McKinney-Vento Homeless Assist- 14 ance Act (42 U.S.C. 11371 et seq.). 15 (2) The Secretary shall credit 40 percent of 16 such revenues for assistance under the continuum of 17 care program authorized under subtitle C of the 18 McKinney-Vento Homeless Assistance Act (42 19 U.S.C. 11381 et seq.). 20 (3) The Secretary shall credit 20 percent of 21 such revenues for assistance under the Community 22 Development Block Grant Plus Program, authorized 23 under section 496 of the McKinney-Vento Homeless 24 Assistance Act (as added by section 201 of this Act). 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 33 •HR 3772 IH SEC. 302. EMERGENCY SOLUTIONS GRANT PROGRAM. 1 There is authorized to be appropriated to the Sec- 2 retary of Housing and Urban Development, for the first 3 fiscal year commencing after the date of the enactment 4 of this Act and each of the next nine succeeding fiscal 5 years thereafter, to make grants under the emergency so- 6 lutions grant program authorized under subtitle B of title 7 IV of the McKinney-Vento Homeless Assistance Act (42 8 U.S.C. 11371 et seq.), an amount equal to the difference 9 between $10,000,000,000 and the amount credited for 10 such use for such fiscal year pursuant to section 301(1) 11 of this Act. 12 SEC. 303. CONTINUUM OF CARE GRANT PROGRAM. 13 There is authorized to be appropriated to the Sec- 14 retary of Housing and Urban Development, for the first 15 fiscal year commencing after the date of the enactment 16 of this Act and each of the next nine succeeding fiscal 17 years thereafter, to make grants under the continuum of 18 care program authorized under subtitle C of the McKin- 19 ney-Vento Homeless Assistance Act (42 U.S.C. 11381 et 20 seq.), an amount equal to the difference between 21 $10,000,000,000 and the amount credited for such use for 22 such fiscal year pursuant to section 301(2) of this Act. 23 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 34 •HR 3772 IH SEC. 304. FEDERAL EMERGENCY MANAGEMENT AGENCY 1 EMERGENCY FOOD AND SHELTER GRANT 2 PROGRAM. 3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated, for the first fiscal year com- 5 mencing after the date of the enactment of this Act and 6 each of the next nine succeeding fiscal years thereafter, 7 $1,000,000,000 for emergency food and shelter grants 8 under subtitle B of title III of the McKinney-Vento Home- 9 less Assistance Act (42 U.S.C. 11341 et seq.). 10 (b) NATIONAL BOARD MEMBERSHIP.—Subsection 11 (b) of section 301 of the McKinney-Vento Homeless As- 12 sistance Act (42 U.S.C. 11331(b)) is amended— 13 (1) in the first sentence, by striking ‘‘6 mem- 14 bers’’ and inserting ‘‘ at least 8 members’’; 15 (2) in the third sentence by striking ‘‘Each 16 such member’’ and inserting ‘‘Four members’’; and 17 (3) by inserting after and below paragraph (6) 18 the following flush matter: 19 ‘‘At least 4 members shall be appointed from among indi- 20 viduals nominated by national organizations identified by 21 the Director, in consultation with the United States Inter- 22 agency Council on Homelessness, that represent a popu- 23 lation at higher risk of homelessness (as such term is de- 24 fined in section 2 of the Housing Is a Human Right Act 25 of 2021).’’. 26 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 35 •HR 3772 IH (c) ELIGIBLE ACTIVITIES.—Subsection (a) of section 1 313 of the McKinney-Vento Homeless Assistance Act (42 2 U.S.C. 11343(a)) is amended— 3 (1) in paragraph (1), by inserting ‘‘hygiene,’’ 4 after ‘‘food,’’; 5 (2) in paragraph (2), by striking ‘‘and’’ at the 6 end; and 7 (3) by striking paragraph (3) and inserting the 8 following new paragraphs: 9 ‘‘(3) to conduct rehabilitation of existing shelter 10 or feeding facilities to ensure such facilities are safe, 11 sanitary, and in compliance with local building 12 codes; 13 ‘‘(4) to provide flexible and appropriate access 14 to temporary shelter; 15 ‘‘(5) to build and maintain new forms of safe 16 and sanitary shelters, including tiny homes; and 17 ‘‘(6) to provide supports, including shelter, 18 transitional housing, and specialized medical respite 19 shelter and associated services to homeless or hous- 20 ing-unstable (as such term is defined in section 2 of 21 the Housing Is a Human Right Act of 2021) elderly 22 persons, persons with disabilities, and persons who 23 are or have been sick or injured, and to persons are 24 who are being discharged or who have recently been 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 36 •HR 3772 IH discharged from hospitals, nursing facilities or simi- 1 lar facilities’’. 2 (d) DISTRIBUTION OF AMOUNTS.—Paragraph (2) of 3 section 316(a) of the McKinney-Vento Homeless Assist- 4 ance Act (42 U.S.C. 11346(a)(2)) is amended by inserting 5 before the semicolon the following: ‘‘, which shall provide 6 for consideration of regional variation in housing costs and 7 costs of living, rates of homelessness and housing insta- 8 bility, and income inequality’’. 9 (e) APPROPRIATE NON-DISCRIMINATION POLICY.— 10 (1) NATIONAL AND LOCAL BOARDS.—Section 11 301 of the McKinney-Vento Homeless Assistance 12 Act (42 U.S.C. 11331) is amended by adding at the 13 end the following new subsection: 14 ‘‘(f) APPROPRIATE NON-DISCRIMINATION POLICY.— 15 The National Board shall— 16 ‘‘(1) at all times having in effect a policy that 17 prohibits discrimination against persons in all class- 18 es provided protection against discrimination under 19 Federal law and explicitly prohibits discrimination 20 based on the gender-related identity, appearance, 21 mannerisms, or other gender-related characteristics 22 of an individual, regardless of the individual’s des- 23 ignated sex at birth; and 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 37 •HR 3772 IH ‘‘(2) require each local board designated pursu- 1 ant to section 302 to have in effect a policy de- 2 scribed in paragraph (1) of this subsection.’’. 3 (2) SERVICE PROVIDERS.—Subsection (a) of 4 section 316 of the McKinney-Vento Homeless Assist- 5 ance Act (42 U.S.C. 11346(a)) is amended— 6 (A) in paragraph (5), by striking ‘‘and’’ at 7 the end; 8 (B) in paragraph (6), by striking the pe- 9 riod at the end and inserting ‘‘; and’’; and 10 (C) by adding at the end the following new 11 paragraph: 12 ‘‘(7) guidelines requiring each private nonprofit 13 organization and local government carrying out a 14 local emergency food and shelter program with 15 amounts provided under this subtitle to have in ef- 16 fect, with respect to such program, a policy de- 17 scribed in section 301(f)(1).’’. 18 (f) GAO STUDY OF ALLOCATION FORMULA.—The 19 Comptroller General of the United States shall conduct 20 a study to identify and analyze the methods in effect on 21 the date of the enactment of this Act for determining the 22 amount and distribution of assistance under the Emer- 23 gency Food and Shelter Grants Program of the Federal 24 Emergency Management Agency under subtitle B of title 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 38 •HR 3772 IH III of the McKinney-Vento Homeless Assistance Act (42 1 U.S.C. 11341 et seq.) to determine whether such current 2 methods adequately address the needs of homeless persons 3 and the communities that serve them. Not later than the 4 expiration of the 12-month period beginning on the date 5 of the enactment of this Act, the Comptroller General shall 6 submit a report to the Congress detailing the findings of 7 such study and making recommendations as to how the 8 Emergency Food and Shelter Program National Board 9 should revise such methods to more adequately and accu- 10 rately meet such needs. 11 (g) GAO STUDY OF COMPLIANCE WITH PARTICIPA- 12 TION REQUIREMENTS.—The Comptroller General of the 13 United States shall conduct a study to identify and ana- 14 lyze the extent to which recipient service providers under 15 the Emergency Food and Shelter Grants Program of the 16 Federal Emergency Management Agency under subtitle B 17 of title III of the McKinney-Vento Homeless Assistance 18 Act (42 U.S.C. 11341 et seq.) comply with the provisions 19 of the guidelines for such Program required under para- 20 graphs (5) and (6) of section 316(a) of such Act (42 21 U.S.C. 11346(a); relating to involvement and participation 22 of homeless individuals). Not later than the expiration of 23 the 24-month period beginning on the date of the enact- 24 ment of this Act, the Comptroller General shall submit 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 39 •HR 3772 IH a report to the Congress detailing the findings of such 1 study, including identifying any barriers to compliance 2 and the level of compliance and recommending models for 3 compliance (including specific models used by such recipi- 4 ent service providers) and suggested support methods to 5 assist recipients to comply. 6 SEC. 305. REQUIREMENTS. 7 (a) LIMITATION ON MATCHING FUNDS REQUIRE- 8 MENTS.—Notwithstanding any other provision of law, in 9 the case of any grant made using amounts made available 10 by this Act to any recipient that is a governmental unit, 11 non-Federal supplemental or matching funding shall not 12 be required for such grant if such recipient demonstrates 13 to the satisfaction of the Secretary that— 14 (1) assistance using such grant amounts will be 15 provided in accordance with a Housing First strat- 16 egy for addressing homelessness in the area in which 17 the assistance is used; 18 (2) the recipient has created and implemented 19 a formal plan to cease to penalize homelessness; 20 (3) the recipient has established a formal plan 21 to identify and address structural and implicit bias 22 in implementation of programs funded under this 23 Act that specifically addresses potential bias towards 24 members of groups identified a population at higher 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 40 •HR 3772 IH risk of homelessness, as such term is defined in sec- 1 tion 2 of this Act; 2 (4) the recipient has established a formal plan 3 to facilitate issuance and replacement of personal 4 identification documents issued by the recipient for 5 persons who are homeless or housing-unstable; 6 (5) in the case of any recipient that administers 7 elections, the recipient has established a plan to en- 8 sure that persons who are homeless or housing-un- 9 stable are not prevented from voting due to irregular 10 or non-existent addresses or other similar barriers; 11 and 12 (6) the recipient has procedures in effect for 13 interacting with the property of homeless persons 14 that— 15 (A) require a minimum of three days prior 16 notice shall be given before property is moved 17 or disposed of; 18 (B) provide a plan that safeguards any 19 item that is not clearly trash for a minimum of 20 30 days; and 21 (C) allow persons experiencing homeless- 22 ness to easily retrieve their possessions. 23 (b) REQUIREMENT FOR ONGOING EFFORTS.—Assist- 24 ance made available under this Act may not be provided 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 41 •HR 3772 IH to any governmental unit unless such unit demonstrates, 1 to the satisfaction of the Secretary, that such entity has 2 in effect, or is actively working toward implementing, poli- 3 cies, regulations, or other requirements sufficient to en- 4 sure the following within the jurisdiction of such entity: 5 (1) Any law that imposes a criminal punish- 6 ment on a person or groups of persons who are 7 homeless, or who has no other place to go, for sleep- 8 ing outside or on public property is not being en- 9 forced. 10 (2) Effective procedures are in effect for inter- 11 acting with the property of homeless persons that 12 comply with due process protections of the 14th 13 Amendment to the Constitution of the United 14 States. 15 (c) NON-GOVERNMENTAL ENTITIES.—Assistance 16 made available under this Act may not be provided to any 17 entity that is not a governmental unit unless such entity 18 demonstrates to the satisfaction of the Secretary that— 19 (1) such entity has in effect, or is actively work- 20 ing toward implementing, a procedure that provides 21 for regular community participation, comment, feed- 22 back, and guidance on the activities and perform- 23 ance in serving homeless, housing-unstable, and 24 cost-burdened individuals and households; and 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 42 •HR 3772 IH (2) in the case of any entity that in any fiscal 1 year receives more than $1,000,000 from amounts 2 made available under this Act, all personnel carrying 3 out activities assisted with amounts made available 4 under this Act whose responsibilities involve regular 5 contact with homeless, housing-unstable, or cost-bur- 6 dened individuals or households, or who have man- 7 agement positions overseeing personnel in regular 8 contact with homeless, housing-unstable, or cost-bur- 9 dened individuals or households, are adequately 10 trained regarding harm reduction, de-escalation 11 techniques, trauma-informed care, implicit bias, cul- 12 tural competency, and disability rights. 13 (d) ALL ENTITIES.—Assistance made available under 14 this Act may not be provided to any entity, whether a gov- 15 ernmental unit or a non-governmental entity, unless such 16 entity demonstrates to the satisfaction of the Secretary 17 that such entity has in effect a written non-discrimination 18 policy that— 19 (1) prohibits discrimination against persons in 20 all classes provided protection against discrimination 21 under Federal law; and 22 (2) explicitly prohibits discrimination based on 23 the gender-related identity, appearance, mannerisms, 24 or other gender-related characteristics of an indi- 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 43 •HR 3772 IH vidual, regardless of the individual’s designated sex 1 at birth. 2 SEC. 306. GAO STUDY OF REQUIREMENTS REGARDING PAR- 3 TICIPATION AND INVOLVEMENT OF HOME- 4 LESS INDIVIDUALS. 5 (a) STUDY.—The Comptroller General of the United 6 States shall conduct a study to identify and analyze the 7 extent to which— 8 (1) recipient service providers under the Emer- 9 gency Food and Shelter Grants Program of the Fed- 10 eral Emergency Management Agency under subtitle 11 B of title III of the McKinney-Vento Homeless As- 12 sistance Act (42 U.S.C. 11341 et seq.) comply with 13 the provisions of the guidelines for such Program re- 14 quired under paragraphs (5) and (6) of section 15 316(a) of such Act (42 U.S.C. 11346(a); relating to 16 involvement and participation of homeless individ- 17 uals); and 18 (2) recipients under the Emergency Solutions 19 Grant Program under subtitle B of title IV of the 20 McKinney-Vento Homeless Assistance Act (42 21 U.S.C. 11371 et seq.) comply with the requirements 22 under section 416(d) of such Act (42 U.S.C. 23 11375(d); relating to participation of homeless indi- 24 viduals). 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 44 •HR 3772 IH (b) REPORT.—Not later than the expiration of the 1 36-month period beginning on the date of the enactment 2 of this Act, the Comptroller General shall submit a report 3 to the Congress detailing the findings of such study, in- 4 cluding identifying the level of such compliance and any 5 barriers to compliance with such requirements, and recom- 6 mending models for compliance (including any effective 7 specific models used by such recipients) and suggested 8 support methods to assist recipients to comply. 9 TITLE IV—ACCESS TO VOTING 10 SEC. 401. STUDY OF FACTORS ADVERSELY AFFECTING 11 ABILITY OF HOMELESS AND HOUSING-UNSTA- 12 BLE INDIVIDUALS TO VOTE. 13 (a) STUDY.—The Election Assistance Commission 14 shall conduct a study identifying and analyzing on a State- 15 by-State basis the factors which adversely affect the ability 16 of individuals who are homeless or who are housing-unsta- 17 ble to vote in elections for public office, including the im- 18 plementation of the REAL ID Act, State laws requiring 19 voters to provide ID as a condition of voting, and the pe- 20 nalization of homelessness. 21 (b) REPORT.—Not later than one year after the date 22 of the enactment of this Act, the Commission shall submit 23 to Congress and make available to the public a report on 24 the study conducted under subsection (a), and shall in- 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 45 •HR 3772 IH clude in the report recommendations to address the fac- 1 tors identified in the study. 2 (c) STATE DEFINED.—In this section, the term 3 ‘‘State’’ means each of the several States, the District of 4 Columbia, the Commonwealth of Puerto Rico, Guam, 5 American Samoa, the United States Virgin Islands, and 6 the Commonwealth of the Northern Mariana Islands. 7 SEC. 402. GRANTS TO FACILITATE VOTING BY HOMELESS 8 AND HOUSING-UNSTABLE INDIVIDUALS. 9 (a) GRANTS.—The Election Assistance Commission 10 shall carry out a program under which the Commission 11 shall make grants to eligible nonprofit corporations and 12 eligible units of local government for carrying out pro- 13 grams and activities which will facilitate voting in elections 14 for public office by individuals who are homeless or who 15 are housing-unstable. 16 (b) ELIGIBILITY.—A nonprofit corporation or a unit 17 of local government is eligible to receive a grant under the 18 program established under this section if the corporation 19 or unit submits to the Election Assistance Commission, 20 at such time and in such form as the Commission may 21 require, an application containing— 22 (1) in the case of a nonprofit corporation, a cer- 23 tification that the corporation has in effect a non- 24 discrimination policy that prohibits discrimination 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 46 •HR 3772 IH against persons in all classes provided protection 1 against discrimination under Federal law and that 2 further protects against discrimination on the basis 3 of the gender-related identity, appearance, manner- 4 isms, or other gender-related characteristics of an 5 individual, regardless of the individual’s designated 6 sex at birth; and 7 (2) such information and assurances as the 8 Commission may require. 9 (c) PRIORITIES IN SELECTION OF NONPROFIT COR- 10 PORATIONS.—In selecting among eligible nonprofit cor- 11 porations for receiving grants under the program estab- 12 lished under this section, the Commission shall give pri- 13 ority to corporations which meet any of the following: 14 (1) A proven history of working with homeless, 15 housing-unstable, and cost-burdened households. 16 (2) A proven history of successfully encouraging 17 civic participation. 18 (3) A proven history of participation by home- 19 less, housing-unstable, and cost-burdened households 20 in the leadership and decision-making power of the 21 corporation. 22 (4) A proven history of successful engagement 23 with a population at higher risk of homelessness, as 24 defined in section 2 of this Act, including— 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 47 •HR 3772 IH (A) LGBTQ persons; 1 (B) foster youth and former foster youth; 2 (C) Asian, Black, Latino, Native Amer- 3 ican, Native Hawaiian, Pacific Islander and 4 other communities of color; 5 (D) low-income older adults; 6 (E) persons with disabilities, including 7 mental health disabilities; 8 (F) justice-system-involved persons; and 9 (G) immigrant communities. 10 (d) NONPROFIT CORPORATION DEFINED.—In this 11 section, the term ‘‘nonprofit corporation’’ means a cor- 12 poration described in section 501(c) of the Internal Rev- 13 enue Code of 1986 and exempt from taxation under sec- 14 tion 501(a) of such Code. 15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 16 are authorized to be appropriated to carry out this section 17 $5,000,000 for the first fiscal year commencing after the 18 date of the enactment of this Act and for each of the next 19 nine succeeding fiscal years thereafter. 20 TITLE V—ACCESS TO PERSONAL 21 DOCUMENTS 22 SEC. 501. ACCESS TO CERTAIN ESSENTIAL DOCUMENTS. 23 (a) REPORT.— 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 48 •HR 3772 IH (1) IN GENERAL.—The Comptroller General of 1 the United States shall publish a report that identi- 2 fies— 3 (A) each essential document issued to per- 4 sons who are homeless or housing-unstable by— 5 (i) the Secretary of Health and 6 Human Services; 7 (ii) the Secretary of Housing and 8 Urban Development; 9 (iii) the Administrator of Veterans Af- 10 fairs; 11 (iv) the Attorney General of the 12 United States; 13 (v) the Commissioner of the Social Se- 14 curity Administration; 15 (vi) the Commissioner of Internal 16 Revenue; 17 (vii) the Director of National Park 18 Service; 19 (viii) the Director of United States 20 Citizenship and Immigration Services; 21 (ix) the Bureau of Indian Affairs; and 22 (x) any other agency identified by the 23 Comptroller General; 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 49 •HR 3772 IH (B) any barrier, including any financial 1 barrier, persons who are homeless or housing- 2 unstable face in— 3 (i) requesting any essential document 4 identified under paragraph (1); or 5 (ii) replacing any such essential docu- 6 ment if lost, misplaced, stolen, expired, de- 7 stroyed, or otherwise inaccessible; 8 (C) any barrier created by the require- 9 ments of title II of the REAL ID Act of 2005 10 (Public Law 109–18; 49 U.S.C. 30301 note), or 11 implementation thereof, persons who are home- 12 less or housing-unstable face in— 13 (i) requesting a driver’s license or 14 identification card issued by a State; or 15 (ii) replacing such driver’s license or 16 identification card if lost, misplaced, sto- 17 len, expired, destroyed, or otherwise inac- 18 cessible; and 19 (D) recommendations for— 20 (i) each agency listed under para- 21 graph (1) on how to reduce or eliminate 22 any barrier identified under paragraph (2); 23 and 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 50 •HR 3772 IH (ii) the Federal Government, State 1 governments, and local governments on 2 how to reduce or eliminate any barrier 3 identified under paragraph (3). 4 (2) TIMING OF REPORT.—The Comptroller 5 General shall submit the report required by sub- 6 section (a) to the relevant committees of Congress 7 and the United States Interagency Council on 8 Homelessness at a time agreed upon by the Comp- 9 troller General and such Committees. 10 (b) BRIEFING REQUIREMENT.—Not later than 180 11 days after the date of the enactment of this Act, the 12 Comptroller General shall brief the relevant committees of 13 Congress and the United States Interagency Council on 14 Homelessness on any preliminary observations of the 15 Comptroller General with respect to the contents of the 16 report required by subsection (a). 17 (c) DEFINITIONS.—In this section: 18 (1) ESSENTIAL DOCUMENT.—The term ‘‘essen- 19 tial document’’ means a document that is essential 20 to the health, safety, or stability of a person who is 21 homeless or housing-unstable, including a document 22 that is essential to— 23 (A) verifying the identity or immigration 24 status of such person; or 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 51 •HR 3772 IH (B) assisting such person— 1 (i) in providing for basic needs such 2 as shelter, housing, nutrition, and 3 healthcare; or 4 (ii) show eligibility for employment, 5 healthcare, or public benefit. 6 (2) RELEVANT COMMITTEES OF CONGRESS.— 7 The term ‘‘relevant committees of Congress’’ means 8 the committees of Congress with jurisdiction over 9 the agencies listed under subsection (a)(1). 10 TITLE VI—UNITED STATES 11 INTERAGENCY COUNCIL ON 12 HOMELESSNESS 13 SEC. 601. PERMANENT AUTHORIZATION. 14 Title II of the McKinney-Vento Homeless Assistance 15 Act (42 U.S.C. 11311 et seq.) is amended— 16 (1) in section 208 (42 U.S.C. 11318), by strik- 17 ing the sentence and inserting the following: ‘‘There 18 is authorized to be appropriated for each fiscal year 19 $10,000,000 to carry out this title.’’; 20 (2) by striking section 209 (42 U.S.C. 11319); 21 and 22 (3) by redesignating sections 207 and 208 (42 23 U.S.C. 11317, 11318) as sections 208 and 209, re- 24 spectively. 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 52 •HR 3772 IH SEC. 602. FUNCTIONS. 1 Section 203 of the McKinney-Vento Homeless Assist- 2 ance Act (42 U.S.C. 11313) is amended— 3 (1) in subsection (a)— 4 (A) in paragraph (12), by striking ‘‘and’’ 5 at the end; 6 (B) in paragraph (13), by striking the pe- 7 riod at the end and inserting a semicolon; and 8 (C) by adding at the end the following new 9 paragraphs: 10 ‘‘(14) rely on evidence-based practices; 11 ‘‘(15) identify and promote successful practices, 12 including the Housing First strategy and the perma- 13 nent supportive housing model; and 14 ‘‘(16) prioritize addressing disparities faced by 15 members of a population at higher risk of homeless- 16 ness, as such term is defined in section 2 of the 17 Housing Is a Human Right Act of 2021, including 18 by issuing reports and making recommendations to 19 agencies.’’; and 20 (2) in subsection (b)— 21 (A) in paragraph (1), by inserting ‘‘and’’ 22 after the semicolon; 23 (B) in paragraph (2), by striking the pe- 24 riod at the end and inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 53 •HR 3772 IH (C) by adding at the end the following new 1 paragraph: 2 ‘‘(3) make formal reports and recommendations 3 to Federal agencies, which shall include comments 4 on how proposed regulatory changes would impact 5 persons experiencing homelessness, housing insta- 6 bility, or who are cost-burdened.’’. 7 SEC. 603. ADVISORY BOARD. 8 (a) IN GENERAL.—Title II of the McKinney-Vento 9 Homeless Assistance Act is amended by inserting after 10 section 206 (42 U.S.C. 11316) the following new section: 11 ‘‘SEC. 207. ADVISORY BOARD. 12 ‘‘(a) ESTABLISHMENT.—There is established an advi- 13 sory board for the Council. 14 ‘‘(b) MEMBERSHIP.— 15 ‘‘(1) SELECTION.—The advisory board shall be 16 composed of not less than 20 individuals, selected by 17 the Executive Director of the Council from nominees 18 proposed pursuant to paragraph (2), as follows: 19 ‘‘(A) Not less than 10 members shall be 20 individuals who are homeless or experiencing 21 housing instability, or were so during the 5 cal- 22 endar years preceding appointment to the advi- 23 sory board or who have been so in the last 5 24 calendar years. 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 54 •HR 3772 IH ‘‘(B) Not less than 8 members shall be in- 1 dividuals who are members of, or advocate on 2 behalf of, or both, a population at higher risk 3 of homelessness, as such term is defined in sec- 4 tion 2 of the Housing Is a Human Right Act 5 of 2021, including such transgender and gender 6 non-conforming persons, Asian, Black, Latino, 7 Native American, Native Hawaiian, Pacific Is- 8 lander, and other communities of color, youth 9 in or formerly in the foster care system, and 10 justice-system involved youth and adults. 11 ‘‘(2) NOMINATION.—Nominees for members of 12 the advisory board shall be proposed by any grantee 13 or subgrantee under this Act. 14 ‘‘(3) REPORT.—Upon selection of members of 15 the advisory board, the Executive Director of the 16 Council shall submit a report to the Congress identi- 17 fying the members selected and demonstration com- 18 pliance with the provisions of this subsection. 19 ‘‘(4) TERMS.—Members of the advisory board 20 shall serve terms of 2 years. 21 ‘‘(c) FUNCTIONS.—The advisory board shall review 22 the work of the Council, make recommendations regarding 23 how the Council can most effectively pursue the goal of 24 ending homelessness, and raise specific points of concern 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 55 •HR 3772 IH with members of the Council who represent Federal agen- 1 cies. 2 ‘‘(d) MEETINGS.—The advisory board shall meet in 3 person not less often than twice each year. 4 ‘‘(e) COUNCIL MEETINGS.—The Council shall meet 5 regularly not less often than once a year with the advisory 6 board and shall provide timely written responses to rec- 7 ommendations, proposals, and concerns issued by the advi- 8 sory board. 9 ‘‘(f) CHAIRMAN.—The position of Chairman of the 10 advisory board shall be filled by an individual who is a 11 current or former member of the advisory board, is nomi- 12 nated by at least two members of the advisory board, and 13 is confirmed by a vote of not less than 75 percent of the 14 members of the advisory board. 15 ‘‘(g) COMPENSATION.—Each member of the advisory 16 board shall receive compensation for their participation in- 17 cluding a participation stipend in an amount determined 18 by the Council and travel expenses, including per diem in 19 lieu of subsistence, in accordance with sections 5702 and 20 5703 of title 5, United States Code. 21 ‘‘(h) RULE OF CONSTRUCTION.—The agencies imple- 22 menting this Act shall construe this Act in a manner that 23 facilitates and encourage the full participation of advisory 24 board members and shall consider the barriers faced by 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 56 •HR 3772 IH persons experiencing homelessness and shall endeavor to 1 overcome such barriers to participation.’’. 2 (b) REPRESENTATION OF CHAIRMAN ON COUNCIL.— 3 Section 202(a) of the McKinney-Vento Homeless Assist- 4 ance Act (42 U.S.C. 11312(a)) is amended— 5 (1) by redesignating paragraph (22) as para- 6 graph (21); and 7 (2) by adding at the end the following new 8 paragraph: 9 ‘‘(22) The chairman of the advisory board es- 10 tablished by section 207.’’. 11 SEC. 604. DIRECTOR. 12 Subsection (a) of section 204 of the McKinney-Vento 13 Homeless Assistance Act (42 U.S.C. 11314(a)) is amend- 14 ed— 15 (1) by striking ‘‘(a) DIRECTOR.—The Council 16 shall appoint an Executive Director, who shall be’’ 17 and inserting the following: 18 ‘‘(a) DIRECTOR.— 19 ‘‘(1) IN GENERAL.—The chief executive officer 20 of the Council shall be the Executive Director, who 21 shall be appointed in accordance with paragraph (2) 22 and’’; and 23 (2) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 57 •HR 3772 IH ‘‘(1) PROCESS FOR APPOINTMENT.—A vacancy 1 in the position of Executive Director shall be filled 2 by an individual nominated and appointed to such 3 position by the Council, except that the Council may 4 not appoint any nominee who is not confirmed by 5 approval of 75 percent of the aggregate of all mem- 6 bers of the Council and the advisory board under 7 section 207 pursuant to an election in which each 8 such member’s vote is given identical weight. If the 9 Council is unable to agree on an Executive Director, 10 the chairperson of the advisory council shall act as 11 interim Executive Director.’’. 12 SEC. 605. CONFORMING AMENDMENT. 13 The table of contents in section 101(b) of the McKin- 14 ney-Vento Homeless Assistance Act (42 U.S.C. 11301 15 note) is amended by striking the items relating to sections 16 209 and 210 and inserting the following: 17 ‘‘Sec. 209. Encouragement of State involvement.’’. TITLE VII—REVENUE RELATED 18 TO HOUSING SPECULATION 19 AND DISPLACEMENT 20 SEC. 601. AMENDMENTS TO THE TAX CODE. 21 (a) IN GENERAL.—Subtitle D of the Internal Rev- 22 enue Code of 1986 is amended by adding at the end the 23 following new chapter: 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 58 •HR 3772 IH ‘‘CHAPTER 50A—REAL PROPERTY- 1 RELATED TAXES 2 ‘‘Sec. 5000D–1. Luxury real property transfers. ‘‘Sec. 5000D–2. Real property secrecy transfer tax. ‘‘Sec. 5000D–3. Mass landlord rental tax. ‘‘SEC. 5000D–1. LUXURY REAL PROPERTY TRANSFERS. 3 ‘‘(a) IN GENERAL.—There is hereby imposed on the 4 sale or exchange of real property a tax equal to 5 percent 5 of the amount realized from such sale or exchange. 6 ‘‘(b) LIMITATION.—The tax imposed by this section 7 shall not apply to a sale or exchange of property unless 8 the amount realized from such sale or exchange (or from 9 a series of related sales or exchanges of which such prop- 10 erty is a part) is at least $10,000,000. 11 ‘‘(c) LIABILITY FOR TAX.— 12 ‘‘(1) IN GENERAL.—The tax imposed by this 13 section shall be paid 1⁄2 by the transferor and 1⁄2 by 14 the transferee. 15 ‘‘(2) EXCEPTIONS.— 16 ‘‘(A) PROPERTY TRANSFERRED TO TAX- 17 EXEMPT.—In the case of property transferred 18 to a tax exempt entity, or a State or local gov- 19 ernment (or political subdivision thereof), the 20 tax imposed by this section shall be zero. 21 ‘‘(B) PROPERTY TRANSFERRED BY TAX- 22 EXEMPT.—In the case of property transferred 23 by a tax-exempt entity, or a State or local gov- 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 59 •HR 3772 IH ernment (or political subdivision thereof), the 1 tax imposed by this section shall be paid by the 2 transferee. 3 ‘‘(C) TAX EXEMPT ENTITY.—For purposes 4 of this section, the term ‘tax-exempt entity’ 5 means any organization which is exempt from 6 the tax imposed by this chapter unless such 7 property is used predominantly in an unrelated 8 trade or business the income of which is subject 9 to tax under section 511. 10 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 11 such rules as may be necessary or appropriate to prevent 12 avoidance of the purposes of this section. 13 ‘‘SEC. 5000D–2. REAL PROPERTY SECRECY TRANSFER TAX. 14 ‘‘(a) IN GENERAL.—In the case of a sale or exchange 15 of real property to or from an applicable anonymous enti- 16 ty, there is hereby imposed on such transfer a tax equal 17 to $10 for each $100 realized on such sale or exchange. 18 ‘‘(b) APPLICABLE ANONYMOUS TAXPAYER.— 19 ‘‘(1) IN GENERAL.—For purposes of this sec- 20 tion, the term ‘applicable anonymous entity’ means 21 any entity or trust the beneficial owners of which 22 are not available by freely accessible public records. 23 ‘‘(2) BENEFICIAL OWNER.—The term ‘bene- 24 ficial owner’ means, with respect to any entity, an 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 60 •HR 3772 IH individual who has any ownership interest in the en- 1 tity and— 2 ‘‘(A) exercises control over the entity, 3 ‘‘(B) owns equity interest in such entity, or 4 ‘‘(C) receives substantial economic benefits 5 from such entity (other than in connection with 6 employment). 7 ‘‘(3) SPECIAL RULE FOR ENTITIES REGISTERED 8 IN GLOBAL LEGAL IDENTIFIER PROGRAM.— 9 ‘‘(A) IN GENERAL.—Paragraph (1) shall 10 not apply to any entity that participates in the 11 legal entity identifier program. 12 ‘‘(B) CONTROLLED GROUPS.—In the case 13 of any persons treated as a single employer 14 under subsection (a) or (b) of section 52, or 15 subsection (m) or (o) of section 414, subpara- 16 graph (A) shall only apply if each such person 17 so treated participates in the legal entity identi- 18 fier program. 19 ‘‘(c) LIABILITY FOR TAX.— 20 ‘‘(1) IN GENERAL.—Each applicable anonymous 21 entity who transfers or receives property in a sale or 22 exchange to which this section applies shall be joint- 23 ly and severally liable for payment of the tax im- 24 posed by this section. 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 61 •HR 3772 IH ‘‘(2) MEMBERS OF CONTROLLED GROUP.—If 1 such an applicable anonymous entity is a member of 2 a controlled group, each member of such controlled 3 group shall be jointly and severally liable for such 4 payment. 5 ‘‘SEC. 5000D–3. MASS LANDLORD RENTAL TAX. 6 ‘‘(a) IN GENERAL.—In the case of a covered landlord, 7 there is hereby imposed on the rental of a dwelling unit 8 a tax equal to 1 percent of the amount of the rent paid 9 for such dwelling unit. 10 ‘‘(b) COVERED LANDLORD.—For purposes of this 11 section, the term ‘covered landlord’ means any person that 12 owns— 13 ‘‘(1) more than 1,000 dwelling units held for 14 rent within a single metropolitan statistical area, 15 ‘‘(2) more than 2,000 dwelling units held for 16 rent, or 17 ‘‘(3) at least 500 dwelling units held for rent in 18 at least 3 different States. 19 ‘‘(c) EXCEPTIONS.— 20 ‘‘(1) IN GENERAL.—Subsection (a) shall not 21 apply to any dwelling unit subject to a rent control, 22 just cause, or source of income discrimination law. 23 ‘‘(2) RENT CONTROL LAW.—For purposes of 24 this subsection— 25 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 62 •HR 3772 IH ‘‘(A) IN GENERAL.—The term ‘rent control 1 law’ means any State or local law which re- 2 stricts the amount by which a lessor may in- 3 crease rental payments for a dwelling unit and 4 allows an affirmative defense to eviction or pri- 5 vate right of enforcement. 6 ‘‘(B) MINIMUM AMOUNT LEVEL OF RENT 7 CONTROL.—A law shall not be treated as a rent 8 control law with respect to any dwelling unit for 9 purposes of this paragraph unless the lessor of 10 such dwelling unit may not, when the lease with 11 respect to such unit expires, increase monthly 12 rent by an amount greater than the percentage 13 increase, if any, over the preceding 12 months 14 in the Consumer Price Index for All Urban 15 Consumers or 3 percent of the average monthly 16 amount paid for the same unit for each month 17 that the unit was occupied during the previous 18 12-month period, whichever is greater. 19 ‘‘(3) JUST CAUSE LAW.—The term ‘just cause 20 law’ means any State or local law which at least re- 21 stricts a lessor from evicting lessee by limiting evic- 22 tions to instances in which— 23 ‘‘(A) the tenant has— 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 63 •HR 3772 IH ‘‘(i) failed to pay rent for 2 or more 1 consecutive months despite clear and time- 2 ly notice, 3 ‘‘(ii) caused substantial destruction to 4 the rental property, 5 ‘‘(iii) caused significant danger to 6 other tenants, or 7 ‘‘(iv) significantly and repeatedly vio- 8 lated an explicit lease term and failed to 9 cure the violation after being given notice 10 requesting that the lease term violation be 11 cured, or 12 ‘‘(B) the landlord seeks to occupy the unit 13 for use as a primary residence, or seeks the 14 availability of the unit for occupancy by an im- 15 mediate relative as a primary residence. 16 ‘‘(4) SOURCE OF INCOME DISCRIMINATION 17 LAW.— 18 ‘‘(A) IN GENERAL.—The term ‘source of 19 income discrimination law’ means a State or 20 local law which places restrictions on a lessor 21 from rejecting lessee applicants, or to evicting 22 an existing lessee, due to the lessee’s source of 23 income. 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 64 •HR 3772 IH ‘‘(B) SOURCE OF INCOME.—For purposes 1 of subparagraph (A), source of income includes 2 the following: 3 ‘‘(i) A housing voucher under section 4 8 of the United States Housing Act of 5 1937 (42 U.S.C. 1437f) and any form of 6 Federal, State, or local housing assistance 7 provided to a family or provided to a hous- 8 ing owner on behalf of a family, including 9 rental vouchers, rental assistance, and 10 rental subsidies from nongovernmental or- 11 ganizations. 12 ‘‘(ii) Any income received during a 13 taxable year as Social Security benefits, as 14 defined in section 86(d) of the Internal 15 Revenue Code of 1986, or as supplemental 16 security income benefits under title XVI of 17 the Social Security Act (42 U.S.C. 1381 et 18 seq.). 19 ‘‘(iii) Any income received by court 20 order, including spousal support and child 21 support. 22 ‘‘(iv) Any payment from a trust, 23 guardian, or conservator. 24 VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS 65 •HR 3772 IH ‘‘(v) Any other lawful source of in- 1 come. 2 ‘‘(d) AGGREGATION RULES.—All persons treated as 3 a single employer under subsection (a) or (b) of section 4 52, or subsection (m) or (o) of section 414, shall be treat- 5 ed as one person for purposes of applying subsection (b).’’. 6 (b) EFFECTIVE DATE.—The amendment made by 7 this section shall apply to sales and exchanges after De- 8 cember 31, 2021. 9 Æ VerDate Sep 11 2014 23:08 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6301 E:\BILLS\H3772.IH H3772 pbinns on DSKJLVW7X2PROD with BILLS