Text of US HB 6308 (2020)

I 116TH CONGRESS 2D SESSION H. R. 6308 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, and ensure full democratic participation and inclusion of persons experiencing homelessness, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2020 Ms. JAYAPAL (for herself, Ms. MENG, Mr. GARCI´A of Illinois, Ms. OMAR, Ms. PRESSLEY, Ms. TLAIB, Mr. BLUMENAUER, and Ms. OCASIO-CORTEZ) in- troduced the following bill; which was referred to the Committee on Fi- nancial Services, and in addition to the Committees on House Adminis- tration, Education and Labor, Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee 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, 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 6308 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 2020’’. 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—FUNDING Sec. 101. Treatment of revenue generated. Sec. 102. Emergency solutions grant program. Sec. 103. Continuum of care grant program. Sec. 104. Federal Emergency Management Agency emergency food and shelter grant program. Sec. 105. Requirements. Sec. 106. GAO study of requirements regarding participation and involvement of homeless individuals. TITLE II—ACCESS TO PERSONAL DOCUMENTS Sec. 201. Access to certain essential documents. TITLE III—UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS Sec. 301. Permanent authorization. Sec. 302. Functions. Sec. 303. Advisory board. Sec. 304. Director. Sec. 305. Conforming amendment. 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—HUMANE INFRASTRUCTURE TO ADDRESS PUBLIC NEEDS Sec. 501. Library pilot grants. Sec. 502. CDBG Plus program. TITLE VI—REVENUE RELATED TO HOUSING SPECULATION AND DISPLACEMENT Sec. 601. Amendments to the tax code. Sec. 602. Phase down of mortgage interest deduction. TITLE VII—SUPPORTED ALTERNATIVES TO PENALIZATION OF PERSONS EXPERIENCING HOMELESSNESS VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 6308 IH Sec. 701. Grant authorization. Sec. 702. Application. Sec. 703. Use of funds. Sec. 704. Authorization of appropriations. 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 6308 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 6308 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 6308 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 6308 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 6308 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 is does not exceed 17 50 percent of median income for the area 18 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 6308 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 6308 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 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 6308 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—FUNDING 17 SEC. 101. TREATMENT OF REVENUE GENERATED. 18 For each fiscal year, the Secretary of the Treasury 19 shall determine the amount of revenues accruing to the 20 general fund of the Treasury by reason of the enactment 21 of title VI of this Act and shall credit an amount equal 22 to such revenues to the Secretary of Housing and Urban 23 Development as follows: 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 6308 IH (1) The Secretary shall credit 40 percent of 1 such revenues for assistance under the emergency 2 solutions grant program authorized under subtitle B 3 of title IV of the McKinney-Vento Homeless Assist- 4 ance Act (42 U.S.C. 11371 et seq.). 5 (2) The Secretary shall credit 40 percent of 6 such revenues for assistance under the continuum of 7 care program authorized under subtitle C of the 8 McKinney-Vento Homeless Assistance Act (42 9 U.S.C. 11381 et seq.). 10 (3) The Secretary shall credit 20 percent of 11 such revenues for assistance under the Community 12 Development Block Grant Plus Program, authorized 13 under section 496 of the McKinney-Vento Homeless 14 Assistance Act (as added by section 502 of this Act). 15 SEC. 102. EMERGENCY SOLUTIONS GRANT PROGRAM. 16 There is authorized to be appropriated to the Sec- 17 retary of Housing and Urban Development, for the first 18 fiscal year commencing after the date of the enactment 19 of this Act and each of the next nine succeeding fiscal 20 years thereafter, to make grants under the emergency so- 21 lutions grant program authorized under subtitle B of title 22 IV of the McKinney-Vento Homeless Assistance Act (42 23 U.S.C. 11371 et seq.), an amount equal to the difference 24 between $10,000,000,000 and the amount credited for 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 6308 IH such use for such fiscal year pursuant to section 101(1) 1 of this Act. 2 SEC. 103. CONTINUUM OF CARE GRANT PROGRAM. 3 There is authorized to be appropriated to the Sec- 4 retary of Housing and Urban Development, for the first 5 fiscal year commencing after the date of the enactment 6 of this Act and each of the next nine succeeding fiscal 7 years thereafter, to make grants under the continuum of 8 care program authorized under subtitle C of the McKin- 9 ney-Vento Homeless Assistance Act (42 U.S.C. 11381 et 10 seq.), an amount equal to the difference between 11 $10,000,000,000 and the amount credited for such use for 12 such fiscal year pursuant to section 101(2) of this Act. 13 SEC. 104. FEDERAL EMERGENCY MANAGEMENT AGENCY 14 EMERGENCY FOOD AND SHELTER GRANT 15 PROGRAM. 16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 17 authorized to be appropriated, for the first fiscal year com- 18 mencing after the date of the enactment of this Act and 19 each of the next nine succeeding fiscal years thereafter, 20 $1,000,000,000 for emergency food and shelter grants 21 under subtitle B of title III of the McKinney-Vento Home- 22 less Assistance Act (42 U.S.C. 11341 et seq.). 23 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 6308 IH (b) NATIONAL BOARD MEMBERSHIP.—Subsection 1 (b) of section 301 of the McKinney-Vento Homeless As- 2 sistance Act (42 U.S.C. 11331(b)) is amended— 3 (1) in the first sentence, by striking ‘‘6 mem- 4 bers’’ and inserting ‘‘ at least 8 members’’; 5 (2) in the third sentence by striking ‘‘Each 6 such member’’ and inserting ‘‘Four members’’; and 7 (3) by inserting after and below paragraph (6) 8 the following flush matter: 9 ‘‘At least 4 members shall be appointed from among indi- 10 viduals nominated by national organizations identified by 11 the Director, in consultation with the United States Inter- 12 agency Council on Homelessness, that represent a popu- 13 lation at higher risk of homelessness (as such term is de- 14 fined in section 3 of the Housing is a Human Right Act 15 of 2020).’’. 16 (c) ELIGIBLE ACTIVITIES.—Subsection (a) of section 17 313 of the McKinney-Vento Homeless Assistance Act (42 18 U.S.C. 11343(a)) is amended— 19 (1) in paragraph (1), by inserting ‘‘hygiene,’’ 20 after ‘‘food,’’; 21 (2) in paragraph (2), by striking ‘‘and’’ at the 22 end; and 23 (3) by striking paragraph (3) and inserting the 24 following new paragraphs: 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 6308 IH ‘‘(3) to conduct rehabilitation of existing shelter 1 or feeding facilities to ensure such facilities are safe, 2 sanitary, and in compliance with local building 3 codes; 4 ‘‘(4) to provide flexible and appropriate access 5 to temporary shelter; 6 ‘‘(5) to build and maintain new forms of safe 7 and sanitary shelters, including tiny homes; and 8 ‘‘(6) to provide supports, including shelter, 9 transitional housing, and specialized medical respite 10 shelter and associated services to homeless or hous- 11 ing-unstable (as such term is defined in section 3 of 12 the Housing is a Human Right Act of 2020) elderly 13 persons, persons with disabilities, and persons who 14 are or have been sick or injured, and to persons are 15 who are being discharged or who have recently been 16 discharged from hospitals, nursing facilities or simi- 17 lar facilities’’. 18 (d) DISTRIBUTION OF AMOUNTS.—Paragraph (2) of 19 section 316(a) of the McKinney-Vento Homeless Assist- 20 ance Act (42 U.S.C. 11346(a)(2)) is amended by inserting 21 before the semicolon the following: ‘‘, which shall provide 22 for consideration of regional variation in housing costs and 23 costs of living, rates of homelessness and housing insta- 24 bility, and income inequality’’. 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 6308 IH (e) APPROPRIATE NON-DISCRIMINATION POLICY.— 1 (1) NATIONAL AND LOCAL BOARDS.—Section 2 301 of the McKinney-Vento Homeless Assistance 3 Act (42 U.S.C. 11331) is amended by adding at the 4 end the following new subsection: 5 ‘‘(f) APPROPRIATE NON-DISCRIMINATION POLICY.— 6 The National Board shall— 7 ‘‘(1) at all times having in effect a policy that 8 prohibits discrimination against persons in all class- 9 es provided protection against discrimination under 10 Federal law and explicitly prohibits discrimination 11 based on the gender-related identity, appearance, 12 mannerisms, or other gender-related characteristics 13 of an individual, regardless of the individual’s des- 14 ignated sex at birth; and 15 ‘‘(2) require each local board designated pursu- 16 ant to section 302 to have in effect a policy de- 17 scribed in paragraph (1) of this subsection.’’. 18 (2) SERVICE PROVIDERS.—Subsection (a) of 19 section 316 of the McKinney-Vento Homeless Assist- 20 ance Act (42 U.S.C. 11346(a)) is amended— 21 (A) in paragraph (5), by striking ‘‘and’’ at 22 the end; 23 (B) in paragraph (6), by striking the pe- 24 riod at the end and inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 6308 IH (C) by adding at the end the following new 1 paragraph: 2 ‘‘(7) guidelines requiring each private nonprofit 3 organization and local government carrying out a 4 local emergency food and shelter program with 5 amounts provided under this subtitle to have in ef- 6 fect, with respect to such program, a policy de- 7 scribed in section 301(f)(1).’’. 8 (f) GAO STUDY OF ALLOCATION FORMULA.—The 9 Comptroller General of the United States shall conduct 10 a study to identify and analyze the methods in effect on 11 the date of the enactment of this Act for determining the 12 amount and distribution of assistance under the Emer- 13 gency Food and Shelter Grants Program of the Federal 14 Emergency Management Agency under subtitle B of title 15 III of the McKinney-Vento Homeless Assistance Act (42 16 U.S.C. 11341 et seq.) to determine whether such current 17 methods adequately address the needs of homeless persons 18 and the communities that serve them. Not later than the 19 expiration of the 12-month period beginning on the date 20 of the enactment of this Act, the Comptroller General shall 21 submit a report to the Congress detailing the findings of 22 such study and making recommendations as to how the 23 Emergency Food and Shelter Program National Board 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 6308 IH should revise such methods to more adequately and accu- 1 rately meet such needs. 2 (g) GAO STUDY OF COMPLIANCE WITH PARTICIPA- 3 TION REQUIREMENTS.—The Comptroller General of the 4 United States shall conduct a study to identify and ana- 5 lyze the extent to which recipient service providers under 6 the Emergency Food and Shelter Grants Program of the 7 Federal Emergency Management Agency under subtitle B 8 of title III of the McKinney-Vento Homeless Assistance 9 Act (42 U.S.C. 11341 et seq.) comply with the provisions 10 of the guidelines for such Program required under para- 11 graphs (5) and (6) of section 316(a) of such Act (42 12 U.S.C. 11346(a); relating to involvement and participation 13 of homeless individuals). Not later than the expiration of 14 the 24-month period beginning on the date of the enact- 15 ment of this Act, the Comptroller General shall submit 16 a report to the Congress detailing the findings of such 17 study, including identifying any barriers to compliance 18 and the level of compliance and recommending models for 19 compliance (including specific models used by such recipi- 20 ent service providers) and suggested support methods to 21 assist recipients to comply. 22 SEC. 105. REQUIREMENTS. 23 (a) LIMITATION ON MATCHING FUNDS REQUIRE- 24 MENTS.—Notwithstanding any other provision of law, in 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 6308 IH the case of any grant made using amounts made available 1 by this Act to any recipient that is a governmental unit, 2 non-Federal supplemental or matching funding shall not 3 be required for such grant if such recipient demonstrates 4 to the satisfaction of the Secretary that— 5 (1) assistance using such grant amounts will be 6 provided in accordance with a Housing First strat- 7 egy for addressing homelessness in the area in which 8 the assistance is used; 9 (2) the recipient has created and implemented 10 a formal plan to cease to penalize homelessness; 11 (3) the recipient has established a formal plan 12 to identify and address structural and implicit bias 13 in implementation of programs funded under this 14 Act that specifically addresses potential bias towards 15 members of groups identified a population at higher 16 risk of homelessness, as such term is defined in sec- 17 tion 3 of this Act; 18 (4) the recipient has established a formal plan 19 to facilitate issuance and replacement of personal 20 identification documents issued by the recipient for 21 persons who are homeless or housing-unstable; 22 (5) in the case of any recipient that administers 23 elections, the recipient has established a plan to en- 24 sure that persons who are homeless or housing-un- 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 6308 IH stable are not prevented from voting due to irregular 1 or non-existent addresses or other similar barriers; 2 and 3 (6) the recipient has procedures in effect for 4 interacting with the property of homeless persons 5 that— 6 (A) require a minimum of three days prior 7 notice shall be given before property is moved 8 or disposed of; 9 (B) provide a plan that safeguards any 10 item that is not clearly trash for a minimum of 11 30 days; and 12 (C) allow persons experiencing homeless- 13 ness to easily retrieve their possessions. 14 (b) REQUIREMENT FOR ONGOING EFFORTS.—Assist- 15 ance made available under this Act may not be provided 16 to any governmental unit unless such unit demonstrates, 17 to the satisfaction of the Secretary, that such entity has 18 in effect, or is actively working toward implementing, poli- 19 cies, regulations, or other requirements sufficient to en- 20 sure the following within the jurisdiction of such entity: 21 (1) Any law that imposes a criminal punish- 22 ment on a person or groups of persons who are 23 homeless, or who has no other place to go, for sleep- 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 6308 IH ing outside or on public property is not being en- 1 forced. 2 (2) Effective procedures are in effect for inter- 3 acting with the property of homeless persons that 4 comply with due process protections of the 14th 5 Amendment to the Constitution of the United 6 States. 7 (c) NON-GOVERNMENTAL ENTITIES.—Assistance 8 made available under this Act may not be provided to any 9 entity that is not a governmental unit unless such entity 10 demonstrates to the satisfaction of the Secretary that— 11 (1) such entity has in effect, or is actively work- 12 ing toward implementing, a procedure that provides 13 for regular community participation, comment, feed- 14 back, and guidance on the activities and perform- 15 ance in serving homeless, housing-unstable, and 16 cost-burdened individuals and households; and 17 (2) in the case of any entity that in any fiscal 18 year receives more than $1,000,000 from amounts 19 made available under this Act, all personnel carrying 20 out activities assisted with amounts made available 21 under this Act whose responsibilities involve regular 22 contact with homeless, housing-unstable, or cost-bur- 23 dened individuals or households, or who have man- 24 agement positions overseeing personnel in regular 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 6308 IH contact with homeless, housing-unstable, or cost-bur- 1 dened individuals or households, are adequately 2 trained regarding harm reduction, de-escalation 3 techniques, trauma-informed care, implicit bias, cul- 4 tural competency, and disability rights. 5 (d) ALL ENTITIES.—Assistance made available under 6 this Act may not be provided to any entity, whether a gov- 7 ernmental unit or a non-governmental entity, unless such 8 entity demonstrates to the satisfaction of the Secretary 9 that such entity has in effect a written non-discrimination 10 policy that— 11 (1) prohibits discrimination against persons in 12 all classes provided protection against discrimination 13 under Federal law; and 14 (2) explicitly prohibits discrimination based on 15 the gender-related identity, appearance, mannerisms, 16 or other gender-related characteristics of an indi- 17 vidual, regardless of the individual’s designated sex 18 at birth. 19 SEC. 106. GAO STUDY OF REQUIREMENTS REGARDING PAR- 20 TICIPATION AND INVOLVEMENT OF HOME- 21 LESS INDIVIDUALS. 22 (a) STUDY.—The Comptroller General of the United 23 States shall conduct a study to identify and analyze the 24 extent to which— 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 6308 IH (1) recipient service providers under the Emer- 1 gency Food and Shelter Grants Program of the Fed- 2 eral Emergency Management Agency under subtitle 3 B of title III of the McKinney-Vento Homeless As- 4 sistance Act (42 U.S.C. 11341 et seq.) comply with 5 the provisions of the guidelines for such Program re- 6 quired under paragraphs (5) and (6) of section 7 316(a) of such Act (42 U.S.C. 11346(a); relating to 8 involvement and participation of homeless individ- 9 uals); and 10 (2) recipients under the Emergency Solutions 11 Grant Program under subtitle B of title IV of the 12 McKinney-Vento Homeless Assistance Act (42 13 U.S.C. 11371 et seq.) comply with the requirements 14 under section 416(d) of such Act (42 U.S.C. 15 11375(d); relating to participation of homeless indi- 16 viduals). 17 (b) REPORT.—Not later than the expiration of the 18 36-month period beginning on the date of the enactment 19 of this Act, the Comptroller General shall submit a report 20 to the Congress detailing the findings of such study, in- 21 cluding identifying the level of such compliance and any 22 barriers to compliance with such requirements, and recom- 23 mending models for compliance (including any effective 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 6308 IH specific models used by such recipients) and suggested 1 support methods to assist recipients to comply. 2 TITLE II—ACCESS TO PERSONAL 3 DOCUMENTS 4 SEC. 201. ACCESS TO CERTAIN ESSENTIAL DOCUMENTS. 5 (a) REPORT.— 6 (1) IN GENERAL.—The Comptroller General of 7 the United States shall publish a report that identi- 8 fies— 9 (A) each essential document issued to per- 10 sons who are homeless or housing-unstable by— 11 (i) the Secretary of Health and 12 Human Services; 13 (ii) the Secretary of Housing and 14 Urban Development; 15 (iii) the Administrator of Veterans Af- 16 fairs; 17 (iv) the Attorney General of the 18 United States; 19 (v) the Commissioner of the Social Se- 20 curity Administration; 21 (vi) the Commissioner of Internal 22 Revenue; 23 (vii) the Director of National Park 24 Service; 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 6308 IH (viii) the Director of United States 1 Citizenship and Immigration Services; 2 (ix) the Bureau of Indian Affairs; and 3 (x) any other agency identified by the 4 Comptroller General; 5 (B) any barrier, including any financial 6 barrier, persons who are homeless or housing- 7 unstable face in— 8 (i) requesting any essential document 9 identified under paragraph (1); or 10 (ii) replacing any such essential docu- 11 ment if lost, misplaced, stolen, expired, de- 12 stroyed, or otherwise inaccessible; 13 (C) any barrier created by the require- 14 ments of title II of the REAL ID Act of 2005 15 (Public Law 109–18; 49 U.S.C. 30301 note), or 16 implementation thereof, persons who are home- 17 less or housing-unstable face in— 18 (i) requesting a driver’s license or 19 identification card issued by a State; or 20 (ii) replacing such driver’s license or 21 identification card if lost, misplaced, sto- 22 len, expired, destroyed, or otherwise inac- 23 cessible; and 24 (D) recommendations for— 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 6308 IH (i) each agency listed under para- 1 graph (1) on how to reduce or eliminate 2 any barrier identified under paragraph (2); 3 and 4 (ii) the Federal Government, State 5 governments, and local governments on 6 how to reduce or eliminate any barrier 7 identified under paragraph (3). 8 (2) TIMING OF REPORT.—The Comptroller 9 General shall submit the report required by sub- 10 section (a) to the relevant committees of Congress 11 and the United States Interagency Council on 12 Homelessness at a time agreed upon by the Comp- 13 troller General and such Committees. 14 (b) BRIEFING REQUIREMENT.—Not later than 180 15 days after the date of the enactment of this Act, the 16 Comptroller General shall brief the relevant committees of 17 Congress and the United States Interagency Council on 18 Homelessness on any preliminary observations of the 19 Comptroller General with respect to the contents of the 20 report required by subsection (a). 21 (c) DEFINITIONS.—In this section: 22 (1) ESSENTIAL DOCUMENT.—The term ‘‘essen- 23 tial document’’ means a document that is essential 24 to the health, safety, or stability of a person who is 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 27 •HR 6308 IH homeless or housing-unstable, including a document 1 that is essential to— 2 (A) verifying the identity or immigration 3 status of such person; or 4 (B) assisting such person— 5 (i) in providing for basic needs such 6 as shelter, housing, nutrition, and 7 healthcare; or 8 (ii) show eligibility for employment, 9 healthcare, or public benefit. 10 (2) RELEVANT COMMITTEES OF CONGRESS.— 11 The term ‘‘relevant committees of Congress’’ means 12 the committees of Congress with jurisdiction over 13 the agencies listed under subsection (a)(1). 14 TITLE III—UNITED STATES 15 INTERAGENCY COUNCIL ON 16 HOMELESSNESS 17 SEC. 301. PERMANENT AUTHORIZATION. 18 Title II of the McKinney-Vento Homeless Assistance 19 Act (42 U.S.C. 11311 et seq.) is amended— 20 (1) in section 208 (42 U.S.C. 11318), by strik- 21 ing the sentence and inserting the following: ‘‘There 22 is authorized to be appropriated for each fiscal year 23 $10,000,000 to carry out this title.’’; 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 28 •HR 6308 IH (2) by striking section 209 (42 U.S.C. 11319); 1 and 2 (3) by redesignating sections 207 and 208 (42 3 U.S.C. 11317, 11318) as sections 208 and 209, re- 4 spectively. 5 SEC. 302. FUNCTIONS. 6 Section 203 of the McKinney-Vento Homeless Assist- 7 ance Act (42 U.S.C. 11313) is amended— 8 (1) in subsection (a)— 9 (A) in paragraph (12), by striking ‘‘and’’ 10 at the end; 11 (B) in paragraph (13), by striking the pe- 12 riod at the end and inserting a semicolon; and 13 (C) by adding at the end the following new 14 paragraphs: 15 ‘‘(14) rely on evidence-based practices; 16 ‘‘(15) identify and promote successful practices, 17 including the Housing First strategy and the perma- 18 nent supportive housing model; and 19 ‘‘(16) prioritize addressing disparities faced by 20 members of a population at higher risk of homeless- 21 ness, as such term is defined in section 3 of the 22 Housing is a Human Right Act of 2020, including 23 by issuing reports and making recommendations to 24 agencies.’’; and 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 29 •HR 6308 IH (2) in subsection (b)— 1 (A) in paragraph (1), by inserting ‘‘and’’ 2 after the semicolon; 3 (B) in paragraph (2), by striking the pe- 4 riod at the end and inserting ‘‘; and’’; and 5 (C) by adding at the end the following new 6 paragraph: 7 ‘‘(3) make formal reports and recommendations 8 to Federal agencies, which shall include comments 9 on how proposed regulatory changes would impact 10 persons experiencing homelessness, housing insta- 11 bility, or who are cost-burdened.’’. 12 SEC. 303. ADVISORY BOARD. 13 (a) IN GENERAL.—Title II of the McKinney-Vento 14 Homeless Assistance Act is amended by inserting after 15 section 206 (42 U.S.C. 11316) the following new section: 16 ‘‘SEC. 207. ADVISORY BOARD. 17 ‘‘(a) ESTABLISHMENT.—There is established an advi- 18 sory board for the Council. 19 ‘‘(b) MEMBERSHIP.— 20 ‘‘(1) SELECTION.—The advisory board shall be 21 composed of not less than 20 individuals, selected by 22 the Executive Director of the Council from nominees 23 proposed pursuant to paragraph (2), as follows: 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 30 •HR 6308 IH ‘‘(A) Not less than 10 members shall be 1 individuals who are homeless or experiencing 2 housing instability, or were so during the 5 cal- 3 endar years preceding appointment to the advi- 4 sory board or who have been so in the last 5 5 calendar years. 6 ‘‘(B) Not less than 8 members shall be in- 7 dividuals who are members of, or advocate on 8 behalf of, or both, a population at higher risk 9 of homelessness, as such term is defined in sec- 10 tion 3 of the Housing is a Human Right Act 11 of 2020, including such transgender and gender 12 non-conforming persons, Asian, Black, Latino, 13 Native American, Native Hawaiian, Pacific Is- 14 lander, and other communities of color, youth 15 in or formerly in the foster care system, and 16 justice-system involved youth and adults. 17 ‘‘(2) NOMINATION.—Nominees for members of 18 the advisory board shall be proposed by any grantee 19 or subgrantee under this Act. 20 ‘‘(3) REPORT.—Upon selection of members of 21 the advisory board, the Executive Director of the 22 Council shall submit a report to the Congress identi- 23 fying the members selected and demonstration com- 24 pliance with the provisions of this subsection. 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 31 •HR 6308 IH ‘‘(4) TERMS.—Members of the advisory board 1 shall serve terms of 2 years. 2 ‘‘(c) FUNCTIONS.—The advisory board shall review 3 the work of the Council, make recommendations regarding 4 how the Council can most effectively pursue the goal of 5 ending homelessness, and raise specific points of concern 6 with members of the Council who represent Federal agen- 7 cies. 8 ‘‘(d) MEETINGS.—The advisory board shall meet in 9 person not less often than twice each year. 10 ‘‘(e) COUNCIL MEETINGS.—The Council shall meet 11 regularly not less often than once a year with the advisory 12 board and shall provide timely written responses to rec- 13 ommendations, proposals, and concerns issued by the advi- 14 sory board. 15 ‘‘(f) CHAIRMAN.—The position of Chairman of the 16 advisory board shall be filled by an individual who is a 17 current or former member of the advisory board, is nomi- 18 nated by at least two members of the advisory board, and 19 is confirmed by a vote of not less than 75 percent of the 20 members of the advisory board. 21 ‘‘(g) COMPENSATION.—Each member of the advisory 22 board shall receive compensation for their participation in- 23 cluding a participation stipend in an amount determined 24 by the Council and travel expenses, including per diem in 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 32 •HR 6308 IH lieu of subsistence, in accordance with sections 5702 and 1 5703 of title 5, United States Code. 2 ‘‘(h) RULE OF CONSTRUCTION.—The agencies imple- 3 menting this Act shall construe this Act in a manner that 4 facilitates and encourage the full participation of advisory 5 board members and shall consider the barriers faced by 6 persons experiencing homelessness and shall endeavor to 7 overcome such barriers to participation.’’. 8 (b) REPRESENTATION OF CHAIRMAN ON COUNCIL.— 9 Section 202(a) of the McKinney-Vento Homeless Assist- 10 ance Act (42 U.S.C. 11312(a)) is amended— 11 (1) by redesignating paragraph (22) as para- 12 graph (21); and 13 (2) by adding at the end the following new 14 paragraph: 15 ‘‘(22) The chairman of the advisory board es- 16 tablished by section 207.’’. 17 SEC. 304. DIRECTOR. 18 Subsection (a) of section 204 of the McKinney-Vento 19 Homeless Assistance Act (42 U.S.C. 11314(a)) is amend- 20 ed— 21 (1) by striking ‘‘(a) DIRECTOR.—The Council 22 shall appoint an Executive Director, who shall be’’ 23 and inserting the following: 24 ‘‘(a) DIRECTOR.— 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 33 •HR 6308 IH ‘‘(1) IN GENERAL.—The chief executive officer 1 of the Council shall be the Executive Director, who 2 shall be appointed in accordance with paragraph (2) 3 and’’; and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(1) PROCESS FOR APPOINTMENT.—A vacancy 7 in the position of Executive Director shall be filled 8 by an individual nominated and appointed to such 9 position by the Council, except that the Council may 10 not appoint any nominee who is not confirmed by 11 approval of 75 percent of the aggregate of all mem- 12 bers of the Council and the advisory board under 13 section 207 pursuant to an election in which each 14 such member’s vote is given identical weight. If the 15 Council is unable to agree on an Executive Director, 16 the chairperson of the advisory council shall act as 17 interim Executive Director.’’. 18 SEC. 305. CONFORMING AMENDMENT. 19 The table of contents in section 101(b) of the McKin- 20 ney-Vento Homeless Assistance Act (42 U.S.C. 11301 21 note) is amended by striking the items relating to sections 22 209 and 210 and inserting the following: 23 ‘‘Sec. 209. Encouragement of State involvement.’’. VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6211 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 34 •HR 6308 IH TITLE IV—ACCESS TO VOTING 1 SEC. 401. STUDY OF FACTORS ADVERSELY AFFECTING 2 ABILITY OF HOMELESS AND HOUSING-UNSTA- 3 BLE INDIVIDUALS TO VOTE. 4 (a) STUDY.—The Election Assistance Commission 5 shall conduct a study identifying and analyzing on a State- 6 by-State basis the factors which adversely affect the ability 7 of individuals who are homeless or who are housing-unsta- 8 ble to vote in elections for public office, including the im- 9 plementation of the REAL ID Act, State laws requiring 10 voters to provide ID as a condition of voting, and the pe- 11 nalization of homelessness. 12 (b) REPORT.—Not later than one year after the date 13 of the enactment of this Act, the Commission shall submit 14 to Congress and make available to the public a report on 15 the study conducted under subsection (a), and shall in- 16 clude in the report recommendations to address the fac- 17 tors identified in the study. 18 (c) STATE DEFINED.—In this section, the term 19 ‘‘State’’ means each of the several States, the District of 20 Columbia, the Commonwealth of Puerto Rico, Guam, 21 American Samoa, the United States Virgin Islands, and 22 the Commonwealth of the Northern Mariana Islands. 23 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 35 •HR 6308 IH SEC. 402. GRANTS TO FACILITATE VOTING BY HOMELESS 1 AND HOUSING-UNSTABLE INDIVIDUALS. 2 (a) GRANTS.—The Election Assistance Commission 3 shall carry out a program under which the Commission 4 shall make grants to eligible nonprofit corporations and 5 eligible units of local government for carrying out pro- 6 grams and activities which will facilitate voting in elections 7 for public office by individuals who are homeless or who 8 are housing-unstable. 9 (b) ELIGIBILITY.—A nonprofit corporation or a unit 10 of local government is eligible to receive a grant under the 11 program established under this section if the corporation 12 or unit submits to the Election Assistance Commission, 13 at such time and in such form as the Commission may 14 require, an application containing— 15 (1) in the case of a nonprofit corporation, a cer- 16 tification that the corporation has in effect a non- 17 discrimination policy that prohibits discrimination 18 against persons in all classes provided protection 19 against discrimination under Federal law and that 20 further protects against discrimination on the basis 21 of the gender-related identity, appearance, manner- 22 isms, or other gender-related characteristics of an 23 individual, regardless of the individual’s designated 24 sex at birth; and 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 36 •HR 6308 IH (2) such information and assurances as the 1 Commission may require. 2 (c) PRIORITIES IN SELECTION OF NONPROFIT COR- 3 PORATIONS.—In selecting among eligible nonprofit cor- 4 porations for receiving grants under the program estab- 5 lished under this section, the Commission shall give pri- 6 ority to corporations which meet any of the following: 7 (1) A proven history of working with homeless, 8 housing-unstable, and cost-burdened households. 9 (2) A proven history of successfully encouraging 10 civic participation. 11 (3) A proven history of participation by home- 12 less, housing-unstable, and cost-burdened households 13 in the leadership and decision-making power of the 14 corporation. 15 (4) A proven history of successful engagement 16 with a population at higher risk of homelessness, as 17 defined in section 3 of this Act, including— 18 (A) LGBTQ persons; 19 (B) foster youth and former foster youth; 20 (C) Asian, Black, Latino, Native Amer- 21 ican, Native Hawaiian, Pacific Islander and 22 other communities of color; 23 (D) low-income older adults; 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 37 •HR 6308 IH (E) persons with disabilities, including 1 mental health disabilities; 2 (F) justice-system-involved persons; and 3 (G) immigrant communities. 4 (d) NONPROFIT CORPORATION DEFINED.—In this 5 section, the term ‘‘nonprofit corporation’’ means a cor- 6 poration described in section 501(c) of the Internal Rev- 7 enue Code of 1986 and exempt from taxation under sec- 8 tion 501(a) of such Code. 9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 10 are authorized to be appropriated to carry out this section 11 $5,000,000 for the first fiscal year commencing after the 12 date of the enactment of this Act and for each of the next 13 nine succeeding fiscal years thereafter. 14 TITLE V—HUMANE INFRASTRUC- 15 TURE TO ADDRESS PUBLIC 16 NEEDS 17 SEC. 501. LIBRARY PILOT GRANTS. 18 (a) AUTHORIZATION.—From amounts made available 19 under subsection (g) for a fiscal year, the Institute of Mu- 20 seum and Library Services (in this section referred to as 21 the ‘‘Institute’’) shall award grants, on a competitive 22 basis, to enable municipal, county, and State library ad- 23 ministrative agencies to award subgrants to public librar- 24 ies, school libraries, and public law school libraries for car- 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 38 •HR 6308 IH rying out pilot programs to address the needs of homeless 1 and housing-unstable persons. 2 (b) PILOT PROGRAMS.—Each pilot program assisted 3 with amounts from a subgrant under this section shall 4 allow a library system or systems to create or expand 5 projects or services that primarily address the needs of 6 homeless and housing-unstable persons. Preference shall 7 be given to funding proposals that integrate with existing 8 Federal or State programs that serve homeless persons, 9 housing-unstable individuals, and cost-burdened house- 10 holds. 11 (c) AUTHORIZED AGENCY.—The Institute shall dis- 12 burse funding made available to carry out this section. 13 The Institute may consult with the Secretary of Housing 14 and Urban Development, the Interagency Council on 15 Homelessness, or any other appropriate agency to ensure 16 that funds are disbursed and utilized appropriately. 17 (d) APPLICATIONS.—To be eligible for a grant under 18 this section, a municipal, county, or State library adminis- 19 trative agency shall submit an application at such time, 20 in such manner, and containing such information as the 21 Institute may require. Each application shall include— 22 (1) a description of how the municipal, county, 23 or State library administrative agency will award 24 subgrants described in subsection (e), including any 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 39 •HR 6308 IH priorities or considerations that will be applied in 1 making such awards, with an emphasis toward sup- 2 porting programs addressing the needs of homeless 3 persons; 4 (2) a description of how the municipal, county, 5 or State library administrative agency will dissemi- 6 nate, in a timely manner, information regarding the 7 subgrants described in subsection (e) and the appli- 8 cation process for such subgrants; 9 (3) a description of the criteria that the munic- 10 ipal, county, or State library administrative agency 11 will require for the programs; and 12 (4) an assurance from the municipal, county, or 13 State library administrative agency that each eligible 14 library that receives a subgrant will provide pro- 15 grams that primarily serve persons who are homeless 16 or housing-unstable. 17 (e) SUBGRANTS.— 18 (1) IN GENERAL.—Each municipal, county, or 19 State library administrative agency receiving a grant 20 under this section may use such grant amounts to 21 provide subgrants, on a competitive basis, to a pub- 22 lic library, school library, or public law school librar- 23 ies to enable such libraries to provide programs that 24 address the need of homeless persons. 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 40 •HR 6308 IH (2) APPLICATIONS.—To be eligible for a 1 subgrant under this subsection, a public library, 2 school library, or public law school library shall sub- 3 mit an application at such time, in such manner, 4 and containing such information as the municipal, 5 county, or State library administrative agency may 6 require. Each application shall include— 7 (A) a description of the homelessness-re- 8 lated programs that the eligible local library ad- 9 ministrative agency will provide at each library 10 to be assisted; and 11 (B) a description of how community or 12 governmental partners will be involved in the 13 homelessness-related programs of the library. 14 (3) CRITERIA FOR AWARDS.—A municipal, 15 county, or State library administrative agency re- 16 ceiving a grant under this section shall award sub- 17 grants based on— 18 (A) the proposed number of libraries and 19 the estimated number of homeless persons that 20 will be served under the homelessness-related 21 programs; and 22 (B) any other criteria established by the 23 municipal, county, or State library administra- 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 41 •HR 6308 IH tive agency in the application submitted under 1 subsection (d). 2 (f) REPORTS.—Each State library administrative 3 agency receiving a grant under this section for a fiscal 4 year shall submit a report for such fiscal year to the Insti- 5 tute regarding the progress made in achieving the pur- 6 poses of the grant. 7 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 8 authorized to be appropriated to carry out this section 9 $10,000,000 for the first fiscal year commencing after the 10 date of the enactment of this Act and for each of the next 11 nine succeeding fiscal years thereafter. 12 SEC. 502. CDBG PLUS PROGRAM. 13 Title IV of the McKinney-Vento Homeless Assistance 14 Act (42 U.S.C. 11360 et seq.) is amended by adding at 15 the end the following new subtitle: 16 ‘‘Subtitle E—Community Develop- 17 ment Block Grant Plus Program 18 ‘‘SEC. 496. CDBG PLUS PROGRAM. 19 ‘‘(a) AUTHORITY.—The Secretary of Housing and 20 Urban Development shall carry out a Community Develop- 21 ment Block Grant Plus Program under this section (in 22 this section referred to as the ‘CDBG Plus Program’) to 23 provide assistance to units of general local government 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 42 •HR 6308 IH and States for activities to benefit homeless, housing un- 1 stable, or cost-burdened households. 2 ‘‘(b) STRUCTURE.—The CDBG Plus Program shall 3 be carried out in the same manner and subject to the same 4 requirements and limitations applicable to the community 5 development block grant program under title I of the 6 Housing and Community Development Act of 1974 (42 7 U.S.C. 5301 et seq.), except to the extent otherwise pro- 8 vided— 9 ‘‘(1) by this section; or 10 ‘‘(2) the Secretary, to account for differences 11 between— 12 ‘‘(A) the primary objectives of such block 13 grant program and the CDBG Plus Program 14 (as provided in subsection (c) of this section); 15 and 16 ‘‘(B) the primary benefit requirement of 17 such block grant program under section 101(c) 18 of such Act (42 U.S.C. 5301(c)) and the pri- 19 mary benefit requirement of the CDBG Plus 20 Program (as provided in subsection (d) of this 21 section). 22 ‘‘(c) PRIMARY OBJECTIVE.—The primary objective of 23 this section and of the CDBG Plus Program of each 24 grantee under the program shall be to reduce and end 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 43 •HR 6308 IH homelessness and housing instability and to reduce and 1 prevent cost-burdens, with priority given to providing shel- 2 ter and temporary and permanent housing for low-income 3 and extremely low-income households and for members of 4 a population at higher risk of homelessness, as such term 5 is defined in section 3 of the Housing is a Human Right 6 Act of 2020. 7 ‘‘(d) PRIMARY BENEFIT REQUIREMENT.—Consistent 8 with the primary objective under subsection (c), all of the 9 Federal assistance provided to States and units of general 10 local government under the CDBG Plus Program shall be 11 used for the support of activities that benefit homeless, 12 housing unstable, or cost-burdened households. 13 ‘‘(e) PROGRAM DIFFERENCES.—Notwithstanding 14 any provision of title I of the Housing and Community 15 Development Act of 1974 (42 U.S.C. 5301 et seq.), the 16 CDBG Plus Program shall be subject to the following re- 17 quirements: 18 ‘‘(1) ELIGIBLE ACTIVITIES.—Notwithstanding 19 section 105 of such title (42 U.S.C. 5305), activities 20 assisted under the CDBG Plus Program may include 21 only the following activities: 22 ‘‘(A) Projects directed to the removal of 23 material and architectural barriers which re- 24 strict the mobility and accessibility of elderly 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 44 •HR 6308 IH persons and persons with disabilities, and 1 projects that assist elderly persons to age in 2 place. 3 ‘‘(B) The acquisition of real property (in- 4 cluding air rights, water rights, and other inter- 5 ests therein) which is appropriate for rehabilita- 6 tion, conservation, or construction of permanent 7 affordable housing or temporary shelter or tran- 8 sitional housing. 9 ‘‘(C) The provision of public services that 10 increase shelter and stability for persons experi- 11 encing homelessness or housing instability, in- 12 cluding services associated with permanent sup- 13 portive housing, housing search and placement 14 support, and legal services. 15 ‘‘(D) Activities necessary to develop, imple- 16 ment, or evaluate a comprehensive plan to end 17 homelessness and housing instability. 18 ‘‘(E) The rehabilitation, development, or 19 construction of dignified and humane housing 20 that is permanently affordable to persons earn- 21 ing 30 percent or less of the median income for 22 the area in which the housing is located, includ- 23 ing the construction and maintenance of public 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 45 •HR 6308 IH housing units and the creation of new forms of 1 housing, such as tiny homes. 2 ‘‘(F) The rehabilitation, development, or 3 construction of dignified and humane transi- 4 tional housing and temporary shelters, includ- 5 ing temporary or permanent housing for per- 6 sons with more medically complex needs. 7 ‘‘(G) All necessary activities to create, 8 maintain, and offer to the public the types of 9 infrastructure necessary to address basic 10 human needs, including public bathrooms, 11 water fountains, and places to sit and rest. 12 Notwithstanding any provision of title I of the Hous- 13 ing and Community Development Act of 1974, the 14 construction of new affordable housing in accordance 15 with this paragraph is specifically permitted as an 16 eligible activity of the CDBG Plus Program. 17 ‘‘(2) FORMULA DISTRIBUTION.— 18 ‘‘(A) USE OF EXISTING REGULATIONS.— 19 Until the regulations required under subpara- 20 graph (B) take effect, amounts made available 21 for assistance under this title shall be allocated 22 pursuant to the formula established under sec- 23 tion 106 of the Housing and Community Devel- 24 opment Act of 1974 (42 U.S.C. 5306). 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 46 •HR 6308 IH ‘‘(B) NEW FORMULA.—Not later than the 1 expiration of the 12-month period beginning on 2 the date of the enactment of this Act, the Sec- 3 retary shall issue regulations that establish a 4 formula for allocation of amounts made avail- 5 able for assistance under this title that utilizes 6 factors that more directly correlate to need of 7 grantees for such amounts to address homeless- 8 ness, housing instability, and cost-burdened 9 households. 10 ‘‘(3) CITIZEN PARTICIPATION PLAN.—In addi- 11 tion to citizen participation requirements under sec- 12 tion 104(a) of such title (42 U.S.C. 5304(a)), the 13 citizenship participation process of each grantee 14 under the CDBG Plus Program shall solicit the ac- 15 tive participation of homeless, housing unstable, and 16 cost-burdened households in directing the use of as- 17 sistance provided under the Program. 18 ‘‘(4) NON-DISPLACEMENT.—Notwithstanding 19 section 104(d) of such title (42 U.S.C. 5304(d)), 20 each grantee under the CDBG Plus Program shall— 21 ‘‘(A) certify that the activities funded with 22 assistance provided under the program will not 23 displace low- and moderate-income people; and 24 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 47 •HR 6308 IH ‘‘(B) take such actions as the Secretary 1 considers necessary to inform residents of 2 grantee community of a phone number for the 3 Department of Housing and Urban Develop- 4 ment which may be used to inform the Depart- 5 ment of any such activities that may be causing 6 the displacement of low- and moderate-income 7 residents. 8 ‘‘(5) EXPEDITED ASSISTANCE.—The Secretary 9 shall provide for expedited funding under the CDBG 10 Plus program for any grantee that demonstrates 11 that Federal property is available in the jurisdiction 12 of the grantee that could be used to address home- 13 lessness and associated needs or housing instability 14 but for the infrastructure needs that could be ad- 15 dressed through funds provided under the CDBG 16 Plus Program. 17 ‘‘(6) HOUSING-FIRST.—In allocating amounts 18 for grants under the CDBG Plus Program, the Sec- 19 retary shall prioritize affordable housing creation, 20 permanent supportive housing, and supportive serv- 21 ices utilizing a Housing First model, and other in- 22 frastructure to address basic human needs. 23 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec- 24 tion may be construed to affect or alter the community 25 VerDate Sep 11 2014 00:28 Mar 31, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 48 •HR 6308 IH development block grant program under title I of the 1 Housing and Community Development Act of 1974 (42 2 U.S.C. 5301 et seq.). 3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 4 is authorized to be appropriated for assistance under the 5 CDBG Plus Program under this section, for the first fiscal 6 year commencing after the date of the enactment of this 7 Act and for each of the next nine succeeding fiscal years 8 thereafter, an amount equal to the difference between 9 $6,000,000,000 and the amount credited for such use for 10 such fiscal year pursuant to section 101(3) of this Act.’’. 11 TITLE VI—REVENUE RELATED 12 TO HOUSING SPECULATION 13 AND DISPLACEMENT 14 SEC. 601. AMENDMENTS TO THE TAX CODE. 15 (a) IN GENERAL.—Subtitle D of the Internal Rev- 16 enue Code of 1986 is amended by adding at the end the 17 following new chapter: 18 ‘‘CHAPTER 50A—REAL PROPERTY- 19 RELATED TAXES 20 ‘‘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. 21 ‘‘(a) IN GENERAL.—There is hereby imposed on the 22 sale or exchange of real property a tax equal to 5 percent 23 of the amount realized from such sale or exchange. 24 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 49 •HR 6308 IH ‘‘(b) LIMITATION.—The tax imposed by this section 1 shall not apply to a sale or exchange of property unless 2 the amount realized from such sale or exchange (or from 3 a series of related sales or exchanges of which such prop- 4 erty is a part) is at least $10,000,000. 5 ‘‘(c) LIABILITY FOR TAX.— 6 ‘‘(1) IN GENERAL.—The tax imposed by this 7 section shall be paid 1⁄2 by the transferor and 1⁄2 by 8 the transferee. 9 ‘‘(2) EXCEPTIONS.— 10 ‘‘(A) PROPERTY TRANSFERRED TO TAX- 11 EXEMPT.—In the case of property transferred 12 to a tax exempt entity, or a State or local gov- 13 ernment (or political subdivision thereof), the 14 tax imposed by this section shall be zero. 15 ‘‘(B) PROPERTY TRANSFERRED BY TAX- 16 EXEMPT.—In the case of property transferred 17 by a tax-exempt entity, or a State or local gov- 18 ernment (or political subdivision thereof), the 19 tax imposed by this section shall be paid by the 20 transferee. 21 ‘‘(C) TAX EXEMPT ENTITY.—For purposes 22 of this section, the term ‘tax-exempt entity’ 23 means any organization which is exempt from 24 the tax imposed by this chapter unless such 25 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 50 •HR 6308 IH property is used predominantly in an unrelated 1 trade or business the income of which is subject 2 to tax under section 511. 3 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 4 such rules as may be necessary or appropriate to prevent 5 avoidance of the purposes of this section. 6 ‘‘SEC. 5000D–2. REAL PROPERTY SECRECY TRANSFER TAX. 7 ‘‘(a) IN GENERAL.—In the case of a sale or exchange 8 of real property to or from an applicable anonymous enti- 9 ty, there is hereby imposed on such transfer a tax equal 10 to $10 for each $100 realized on such sale or exchange. 11 ‘‘(b) APPLICABLE ANONYMOUS TAXPAYER.— 12 ‘‘(1) IN GENERAL.—For purposes of this sec- 13 tion, the term ‘applicable anonymous entity’ means 14 any entity or trust the beneficial owners of which 15 are not available by freely accessible public records. 16 ‘‘(2) BENEFICIAL OWNER.—The term ‘bene- 17 ficial owner’ means, with respect to any entity, an 18 individual who, directly or indirectly— 19 ‘‘(A) exercises substantial control over the 20 entity, 21 ‘‘(B) owns 25 percent or more of the eq- 22 uity interest in such entity, or 23 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 51 •HR 6308 IH ‘‘(C) receive substantial economic benefits 1 from such entity (other than in connection with 2 employment). 3 ‘‘(3) SPECIAL RULE FOR ENTITIES REGISTERED 4 IN GLOBAL LEGAL IDENTIFIER PROGRAM.— 5 ‘‘(A) IN GENERAL.—Paragraph (1) shall 6 not apply to any entity that participates in the 7 legal entity identifier program. 8 ‘‘(B) CONTROLLED GROUPS.—In the case 9 of any persons treated as a single employer 10 under subsection (a) or (b) of section 52, or 11 subsection (m) or (o) of section 414, subpara- 12 graph (A) shall only apply if each such person 13 so treated participates in the legal entity identi- 14 fier program. 15 ‘‘(c) LIABILITY FOR TAX.— 16 ‘‘(1) IN GENERAL.—Each applicable anonymous 17 entity who transfers or receives property in a sale or 18 exchange to which this section applies shall be joint- 19 ly and severally liable for payment of the tax im- 20 posed by this section. 21 ‘‘(2) MEMBERS OF CONTROLLED GROUP.—If 22 such an applicable anonymous entity is a member of 23 a controlled group, each member of such controlled 24 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 52 •HR 6308 IH group shall be jointly and severally liable for such 1 payment. 2 ‘‘SEC. 5000D–3. MASS LANDLORD RENTAL TAX. 3 ‘‘(a) IN GENERAL.—In the case of a covered landlord, 4 there is hereby imposed on the rental of a dwelling unit 5 a tax equal to 1 percent of the amount of the rent paid 6 for such dwelling unit. 7 ‘‘(b) COVERED LANDLORD.—For purposes of this 8 section, the term ‘covered landlord’ means any person that 9 owns— 10 ‘‘(1) more than 1,000 dwelling units held for 11 rent within a single metropolitan statistical area, 12 ‘‘(2) more than 2,000 dwelling units held for 13 rent, or 14 ‘‘(3) at least 500 dwelling units held for rent in 15 at least 3 different States. 16 ‘‘(c) EXCEPTIONS.— 17 ‘‘(1) IN GENERAL.—Subsection (a) shall not 18 apply to any dwelling unit subject to a rent control, 19 just cause, or source of income discrimination law. 20 ‘‘(2) RENT CONTROL LAW.—For purposes of 21 this subsection— 22 ‘‘(A) IN GENERAL.—The term ‘rent control 23 law’ means any State or local law which re- 24 stricts the amount by which a lessor may in- 25 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 53 •HR 6308 IH crease rental payments for a dwelling unit and 1 allows an affirmative defense to eviction or pri- 2 vate right of enforcement. 3 ‘‘(B) MINIMUM AMOUNT LEVEL OF RENT 4 CONTROL.—A law shall not be treated as a rent 5 control law with respect to any dwelling unit for 6 purposes of this paragraph unless the lessor of 7 such dwelling unit may not, when the lease with 8 respect to such unit expires, increase monthly 9 rent by an amount greater than the percentage 10 increase, if any, over the preceding 12 months 11 in the Consumer Price Index for All Urban 12 Consumers or 3 percent of the average monthly 13 amount paid for the same unit for each month 14 that the unit was occupied during the previous 15 12-month period, whichever is greater. 16 ‘‘(3) JUST CAUSE LAW.—The term ‘just cause 17 law’ means any State or local law which at least re- 18 stricts a lessor from evicting lessee by limiting evic- 19 tions to instances in which— 20 ‘‘(A) the tenant has— 21 ‘‘(i) failed to pay rent for 2 or more 22 consecutive months despite clear and time- 23 ly notice, 24 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 54 •HR 6308 IH ‘‘(ii) caused substantial destruction to 1 the rental property, 2 ‘‘(iii) caused significant danger to 3 other tenants, or 4 ‘‘(iv) significantly and repeatedly vio- 5 lated an explicit lease term and failed to 6 cure the violation after being given notice 7 requesting that the lease term violation be 8 cured, or 9 ‘‘(B) the landlord seeks to occupy the unit 10 for use as a primary residence, or seeks the 11 availability of the unit for occupancy by an im- 12 mediate relative as a primary residence. 13 ‘‘(4) SOURCE OF INCOME DISCRIMINATION 14 LAW.— 15 ‘‘(A) IN GENERAL.—The term ‘source of 16 income discrimination law’ means a State or 17 local law which places restrictions on a lessor 18 from rejecting lessee applicants, or to evicting 19 an existing lessee, due to the lessee’s source of 20 income. 21 ‘‘(B) SOURCE OF INCOME.—For purposes 22 of subparagraph (A), source of income includes 23 the following: 24 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 55 •HR 6308 IH ‘‘(i) A housing voucher under section 1 8 of the United States Housing Act of 2 1937 (42 U.S.C. 1437f) and any form of 3 Federal, State, or local housing assistance 4 provided to a family or provided to a hous- 5 ing owner on behalf of a family, including 6 rental vouchers, rental assistance, and 7 rental subsidies from nongovernmental or- 8 ganizations. 9 ‘‘(ii) Any income received during a 10 taxable year as Social Security benefits, as 11 defined in section 86(d) of the Internal 12 Revenue Code of 1986, or as supplemental 13 security income benefits under title XVI of 14 the Social Security Act (42 U.S.C. 1381 et 15 seq.). 16 ‘‘(iii) Any income received by court 17 order, including spousal support and child 18 support. 19 ‘‘(iv) Any payment from a trust, 20 guardian, or conservator. 21 ‘‘(v) Any other lawful source of in- 22 come. 23 ‘‘(d) AGGREGATION RULES.—All persons treated as 24 a single employer under subsection (a) or (b) of section 25 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 56 •HR 6308 IH 52, or subsection (m) or (o) of section 414, shall be treat- 1 ed as one person for purposes of applying subsection (b).’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 this section shall apply to sales and exchanges after De- 4 cember 31, 2020. 5 SEC. 602. PHASE DOWN OF MORTGAGE INTEREST DEDUC- 6 TION. 7 (a) IN GENERAL.—Section 163(h)(3) of the Internal 8 Revenue Code of 1986 is amended by adding at the end 9 the following new subparagraph: 10 ‘‘(G) PHASEDOWN OF DEDUCTION.— 11 ‘‘(i) IN GENERAL.—In the case of 12 amounts paid or accrued during a taxable 13 year beginning after December 31, 2020, 14 the amount of qualified residence interest 15 allowed as a deduction under this section 16 for such taxable year shall not exceed an 17 amount equal to the applicable percentage 18 of the qualified residence interest which 19 would have been allowed as a deduction to 20 the taxpayer under this section without re- 21 gard to this subparagraph. 22 ‘‘(ii) APPLICABLE PERCENTAGE.—For 23 purposes of clause (i), the applicable per- 24 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 57 •HR 6308 IH centage shall be determined under the fol- 1 lowing table: 2 ‘‘In the case of taxable years The applicable beginning with or during: percentage shall be: 2021 ................................................................................................... 90% 2022 ................................................................................................... 80% 2023 ................................................................................................... 70% 2024 ................................................................................................... 60% 2025 ................................................................................................... 50% 2026 ................................................................................................... 40% 2027 ................................................................................................... 30% 2028 ................................................................................................... 20% 2029 ................................................................................................... 10% 2030 and thereafter ........................................................................... 0%’’. (b) EFFECTIVE DATE.—The amendments made by 3 this section shall apply to amounts paid or accrued during 4 taxable years beginning after December 31, 2020. 5 TITLE VII—SUPPORTED ALTER- 6 NATIVES TO PENALIZATION 7 OF PERSONS EXPERIENCING 8 HOMELESSNESS 9 SEC. 701. GRANT AUTHORIZATION. 10 The Attorney General is authorized to make grants 11 to States, units of local government, public and commu- 12 nity defender systems, and nonprofit organizations to cre- 13 ate or expand alternatives to penalizing homelessness (as 14 such term is defined in section 3 of this Act). 15 SEC. 702. APPLICATION. 16 (a) IN GENERAL.—An entity seeking a grant under 17 this title shall submit to the Attorney General an applica- 18 tion at such time, in such manner, and containing such 19 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 58 •HR 6308 IH information as the Attorney General may reasonably re- 1 quire, including an assurance described in subsection (b). 2 (b) ASSURANCE DESCRIBED.—An assurance de- 3 scribed in this subsection is an assurance that the entity 4 has in place a policy protecting employees and persons and 5 communities served by the entity from discrimination 6 under applicable civil rights laws, and that such policy in- 7 cludes protection from discrimination on the basis of gen- 8 der-related identity, appearance, mannerisms, or other 9 gender-related characteristics of an individual, regardless 10 of the individual’s designated sex at birth. 11 (c) NONPROFIT EXPERTISE.—In addition to the as- 12 surance described in subsection (b), a nonprofit organiza- 13 tion seeking a grant under this title shall demonstrate in 14 its application that it has a proven history of— 15 (1) successful engagement with populations ex- 16 periencing homelessness and housing instability, in- 17 cluding members of a population at higher risk of 18 homelessness, as such term is defined in section 3 of 19 this Act; or 20 (2) assisting communities to engage in alter- 21 natives to penalizing homelessness. 22 SEC. 703. USE OF FUNDS. 23 An entity that receives a grant under this title may 24 use funds received under this title for any of the following: 25 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 59 •HR 6308 IH (1) Creating or expanding a law enforcement 1 assisted diversion program, which program in- 2 cludes— 3 (A) a focus on reducing racial disparity in 4 law enforcement and prosecution; 5 (B) reliance on harm-reduction principles; 6 (C) collaboration with community-based, 7 trauma-informed organizations; and 8 (D) development of pre-arrest diversion 9 programs that are designed in consultation with 10 law enforcement, persons experiencing home- 11 lessness and housing instability, populations at 12 higher risk of homelessness, and community 13 based health and service providers. 14 (2) Providing technical support to jurisdictions 15 that are working to reduce the extent to which the 16 laws or policies in that jurisdiction penalize home- 17 lessness, including— 18 (A) assisting the jurisdiction in creating 19 procedures to safeguard the personal property 20 of persons experiencing homelessness or hous- 21 ing instability; and 22 (B) developing protocols for pre-booking 23 diversion for low-level offenses in cases where 24 VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS 60 •HR 6308 IH the incident is related to a mental health condi- 1 tion or addiction. 2 (3) Creating, supporting, expanding, or study- 3 ing mobile crisis intervention teams that are trained 4 to provide immediate stabilization services to persons 5 with an urgent medical or psychological need, as an 6 alternative to a law enforcement response, which 7 teams may include healthcare professionals, mental 8 health professionals, addiction counselors, housing 9 referral specialists, and other related resource pro- 10 viders. 11 SEC. 704. AUTHORIZATION OF APPROPRIATIONS. 12 There is authorized to be appropriated to carry out 13 this title $100,000,000 for the first fiscal year com- 14 mencing after the date of the enactment of this Act and 15 for each of the next nine succeeding fiscal years thereafter. 16 Æ VerDate Sep 11 2014 00:53 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6301 E:\BILLS\H6308.IH H6308 pbinns on DSKJLVW7X2PROD with BILLS