Bringing America Home Act

109th CONGRESS
1st Session

H. R. 4347

To end homelessness in the United States.

IN THE HOUSE OF REPRESENTATIVES

November 16, 2005

Ms. CARSON (for herself, Mr. CONYERS, Ms. LEE, Mr. KUCINICH, Mr. CAPUANO, Ms. WOOLSEY, Mr. PAYNE, Mr. MCDERMOTT, Mr. SANDERS, and Mr. GUTIERREZ) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, Education and the Workforce, Government Reform, Veterans' Affairs, 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 jurisdiction of the committee concerned

A BILL

To end homelessness in the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Bringing America Home Act'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purpose.

TITLE I--RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT

Sec. 101. Recognition by societies, faiths, and organizations.

Sec. 102. Establishment of goal to end homelessness.

TITLE II--HOUSING SECURITY

Sec. 201. Congressional findings.

Subtitle A--Authorizations of Appropriations for Housing Programs

Sec. 221. National Affordable Housing Trust Fund.

Sec. 222. Incremental rental assistance for 1,500,000 families.

Sec. 223. Funding for HUD housing programs.

Sec. 224. HUD rural housing and economic development program.

Sec. 225. Rural housing programs.

Sec. 226. Department of Veterans Affairs homeless comprehensive services programs.

Subtitle B--Federal Homelessness to Housing Mutual Mortgage Association

Sec. 231. Short title and statement of purpose.

Sec. 232. Establishment.

Sec. 233. Powers and authorities.

Sec. 234. Mutual housing operations.

Sec. 235. Financing.

Sec. 236. Relationship with other programs.

Sec. 237. Oversight.

Sec. 238. Protection of name.

Sec. 239. Definitions.

Sec. 240. Territorial applicability.

Subtitle C--Use of Federal Surplus Property to Assist the Homeless

Sec. 271. Use of Federal surplus property to assist the homeless.

TITLE III--HOMELESS INTERVENTION AND PREVENTION

Sec. 301. Preservation of public housing dwelling units under hope VI.

Sec. 302. Right to new units of individuals and families displaced by hope VI projects.

Sec. 303. Policies regarding homeless individuals and families in federally funded facilities.

Sec. 304. Establishment of Emergency Rent Relief Fund.

Sec. 305. Income exemptions.

Sec. 306. Post office box and general delivery service for persons with no fixed address.

Sec. 307. Temporary ex-offender low-income housing credit.

Sec. 308. Escrow of tenant rent in cases of owner failure to maintain units assisted under Section 8 rental assistance program.

Sec. 309. Sense of Congress regarding local ordinances that disadvantage homeless persons.

TITLE IV--ASSISTANCE UNDER MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

Sec. 401. Congressional purposes.

Sec. 402. Definition of homeless individual.

Subtitle A--Housing Assistance General Provisions

Sec. 411. Definitions.

Sec. 412. Community homeless assistance planning boards.

Sec. 413. Technical assistance and performance reports.

Sec. 414. Authorization of appropriations.

Subtitle B--Emergency Shelter Grants Program

Sec. 421. Grant assistance.

Sec. 422. Amount and allocation of assistance.

Sec. 423. Eligible activities.

Sec. 424. Repeals.

Subtitle C--Continuum of Care Program

Sec. 431. Continuum of care.

Sec. 432. Eligible activities.

Sec. 433. Program requirements.

Sec. 434. Allocation amounts and funding.

Subtitle D--Repeals and Conforming Amendments

Sec. 441. Repeals.

Sec. 442. Conforming amendments.

Sec. 443. Amendment to table of contents.

TITLE V--HEALTH SECURITY

Subtitle A--General Provisions

Sec. 501. Findings; Sense of Congress.

Sec. 502. Sense of Congress regarding Medicaid expansion.

Sec. 503. Authorizations of appropriations for certain programs.

Subtitle B--Substance Abuse and Mental Health Services Administration

Part 1--MAINSTREAM ADDICTION AND MENTAL HEALTH SERVICES PROGRAMS

SUBPART A--DISCHARGE PLANNING

Sec. 511. Averting patient discharge into homelessness.

SUBPART B--PROVISION OF APPROPRIATE SERVICES

Sec. 516. Application of knowledge development findings to service delivery.

SUBPART C--GRANTEE PLANNING, REPORTING, AND CAPACITY-BUILDING

Sec. 521. Expansion of participation in grantee planning.

Sec. 522. Documentation of needs of and establishing priorities for homeless population.

SUBPART D--DESIGNATION OF PERSONS EXPERIENCING HOMELESSNESS AS PRIORITY POPULATION

Sec. 526. Requiring grantees to direct funds to persons experiencing homelessness.

Sec. 527. Prioritization of services for runaway, homeless, and street youth.

Sec. 528. Definition of runaway, homeless, and street youth as high risk.

SUBPART E--FEDERAL PROGRAM MANAGEMENT

Sec. 531. Establishment of Federal plan on addiction, mental illness, and homelessness.

Part 2--TARGETED HOMELESS ADDICTION AND MENTAL HEALTH SERVICES PROGRAMS

SUBPART A--REAUTHORIZE, RENAME, AND STRENGTHEN THE GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS PROGRAM

Sec. 541. Treatment and recovery initiative for persons experiencing homelessness.

SUBPART B--REAUTHORIZE AND STRENGTHEN THE PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS (PATH) PROGRAM

Sec. 551. Expansion of required scope of services of PATH providers.

Sec. 552. Encouragement of States to utilize Health Care for the homeless projects as PATH providers.

Sec. 553. State descriptions of resource allocation process.

Sec. 554. Federal report on PATH and homeless grant programs.

Sec. 555. Clarification of target populations provision of PATH statute.

Subtitle C--Amendments Regarding Ryan White Comprehensive AIDS Resources Emergency Act of 1990

Part 1--DISCHARGE PLANNING

Sec. 561. Averting RWCA patient discharge into homelessness.

Part 2--PROVISION OF APPROPRIATE SERVICES

Sec. 566. Amplification of scope of RWCA services.

Sec. 567. Application of knowledge development findings to service delivery.

Part 3--GRANTEE PLANNING, REPORTING, AND CAPACITY BUILDING

Sec. 571. Expansion of participation in grantee and contractor planning.

Sec. 572. Development of knowledge to strengthen providers' capacity to offer homeless-competent services.

Part 4--DESIGNATION OF HOMELESS PERSONS AS PRIORITY POPULATION

Sec. 576. Priority for persons experiencing homelessness.

Part 5--FEDERAL PLAN ON HIV/AIDS AND HOMELESSNESS

Sec. 581. Federal plan on HIV/AIDS and homelessness.

TITLE VI--ECONOMIC SECURITY

Sec. 601. Sense of Congress regarding right to a living income.

Sec. 602. Availability of food stamp benefits to individuals who are homeless.

Sec. 603. Amendments to Workforce Investment Act.

Sec. 604. Homebuild program for affordable housing construction and apprenticeship.

Sec. 605. Department of Labor apprenticeship program for working people experiencing homelessness.

Sec. 606. Day laborer fairness and protection.

Sec. 607. Social Security Administration outreach to homeless persons.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- The Congress finds that--

(1) lack of affordable housing results in homelessness;

(2) lack of consumer protections result in homelessness;

(3) lack of access to health care results in homelessness;

(4) lack of employment and wages commensurate with those in the local market results in homelessness;

(5) lack of education results in homelessness;

(6) homelessness offends the conscience of our Nation;

(7) according to the United States Department of Housing and Urban Development, approximately 5 million households experience `worst-case' housing needs;

(8) as of the date of the introduction of this bill, in no town, city, or State in our Nation can an individual or family working full time at minimum wage, or receiving assistance under the Supplemental Security Income program or under the program for Temporary Assistance for Needy Families, afford a one- or two-bedroom apartment at the fair market rental rate established by the Department of Housing and Urban Development;

(9) the Millennial Housing Commission reported that 28,000,000 households in the United States spent more than 30 percent their income on housing, and one in eight low-income working families earning minimum wage have to spend more than half their income on housing;

(10) 42 percent of adults residing in homeless shelters across the United States are working;

(11) 24 percent of clients of homeless shelters report they have needed medical attention in the past year but were unable to get it and 46 percent of such clients could not get access to a dentist when one was needed;

(12) 55 percent of people experiencing homelessness in the United States have neither public nor private health insurance;

(13) of the homeless individuals who suffer mental illness, it is estimated that only 5 to 7 percent require some form of institutionalization and the rest could live productively with proper assistance;

(14) millions of Americans can not find work that pays a livable wage or can not find work at all and, therefore, cannot afford housing at market rent levels;

(15) lack of affordable housing near job opportunities makes it difficult for poor parents to find and retain employment;

(16) families without stable housing typically have to move often, making job retention difficult and forcing their children to change schools frequently;

(17) at least 3,500,000 persons are likely to experience homelessness during a year in the United States, 39 percent of which are children; and

(18) in its `Status Report on Hunger and Homelessness in America's Cities', the United States Conference of Mayors reports that requests for shelter by families with children went unmet 32 percent of the time in 2004.

(b) Purpose- The purpose of this Act is to end homelessness in the United States.

TITLE I--RECOGNITION OF HOUSING AS A BASIC HUMAN RIGHT

SEC. 101. RECOGNITION BY SOCIETIES, FAITHS, AND ORGANIZATIONS.

The Congress hereby acknowledges that the housing has been recognized as a basic human right by many and varied--

(1) religious and faith organizations;

(2) States, cities, and counties;

(3) national and local organizations;

(4) international organizations, including the United Nations through its Declaration of Human Rights.

SEC. 102. ESTABLISHMENT OF GOAL TO END HOMELESSNESS.

The Congress hereby declares that--

(1) the Declaration of Independence identifies the rights of life, liberty, and the pursuit of happiness as among the unalienable rights with which all are endowed;

(2) the exercise of such rights is contingent upon the fulfillment of basic needs crucial for the proper development of human life: food, clothing, shelter, medical care, work, and rest; and

(3) it is a National goal to act in concord with the aforementioned rights and fulfill the basic human need of shelter by ending homelessness in the United States and to provide the security of a home for all people.

TITLE II--HOUSING SECURITY

SEC. 201. CONGRESSIONAL FINDINGS.

The Congress finds that--

(1) a rapid decrease in the availability of affordable housing has led to an increase in homelessness in recent years, even for working families;

(2) high market-rate housing costs have left many families with little, if any, income to pay additional employment-related expenses such as transportation, child care, or clothing; and

(3) each year 90,000 affordable housing units are lost due to demolition or sale of public housing and housing assisted with project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).

Subtitle A--Authorizations of Appropriations for Housing Programs

SEC. 221. NATIONAL AFFORDABLE HOUSING TRUST FUND.

(a) In General- Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended by adding at the end the following new subtitle:

`Subtitle G--National Affordable Housing Trust Fund

`SEC. 291. PURPOSES.

`The purposes of this subtitle are--

`(1) to fill the growing gap in the national ability to build affordable housing by using profits generated by Federal housing programs to fund additional housing activities, without supplanting existing housing appropriations;

`(2) to enable rental housing to be built, for families with the greatest economic need, in mixed-income settings and in areas with the greatest economic opportunities;

`(3) to promote homeownership for low-income families; and

`(4) to produce, rehabilitate, and preserve at least 1,500,000 affordable dwelling units over the next decade.

`SEC. 292. TRUST FUND.

`(a) Establishment- There is established in the Treasury of the United States a trust fund to be known as the National Affordable Housing Trust Fund, which shall be available as provided in this subtitle for assisting the development, rehabilitation, and preservation of affordable housing.

`(b) Deposits to Trust Fund- For fiscal year 2007 and each fiscal year thereafter, there shall be appropriated to the Trust Fund such sums as may be necessary.

`(c) Expenditures From Trust Fund- For fiscal year 2007 and each fiscal year thereafter, amounts appropriated to the Trust Fund for each such fiscal year shall be available to the Secretary of Housing and Urban Development for providing assistance under this subtitle.

`SEC. 293. ALLOCATIONS FOR STATES AND PARTICIPATING LOCAL JURISDICTIONS.

`The Secretary shall use the total amount made available under section 292(c) to the Secretary from the Trust Fund for such fiscal year to provide assistance under this subtitle for the States and participating local jurisdictions. Of such total amount, the Secretary shall allocate 40 percent for States for use under section 294 and 60 percent for participating local jurisdictions for use under section 294.

`SEC. 294. ASSISTANCE FROM TRUST FUND.

`(a) Affordable Housing Needs Formula- The Secretary shall establish a formula to allocate assistance under this subtitle among eligible recipients based on the relative need of the eligible recipient, among other eligible recipients that are States or participating local jurisdictions, as appropriate, to increase the supply of decent quality affordable housing. The formula shall be based upon a comparison of the following factors for each eligible recipient:

`(1) The percentage of families in the jurisdiction of the eligible recipient that live in substandard housing.

`(2) The percentage of families in the jurisdiction of the eligible recipient that pay more than 50 percent of their annual income for housing costs.

`(3) The percentage of persons in the jurisdiction of the eligible recipient having an income at or below the poverty line.

`(4) The cost of developing or carrying out rehabilitation of housing in the jurisdiction of the eligible recipient.

`(5) In the case of an eligible recipient that is a State, the percentage of the population of the eligible recipient that resides in counties having extremely low vacancy rates.

`(6) The percentage of housing stock in the jurisdiction of the eligible recipient that is extremely old housing.

`(7) Any other factors that the Secretary determines to be appropriate.

`(b) Formula Amount-

`(1) IN GENERAL- For fiscal year 2007 and each fiscal year thereafter, the Secretary shall determine the formula amount under this subsection for each eligible recipient.

`(2) STATES- The formula amount for each State shall be the amount determined for such State by applying the formula under subsection (a) to the total amount allocated under section 293 for all States for the fiscal year.

`(3) PARTICIPATING LOCAL JURISDICTIONS- The formula amount for each participating local jurisdiction shall be the amount determined for such participating local jurisdiction by applying the formula under subsection (a) to the total amount allocated under section 293 for all participating local jurisdictions for the fiscal year.

`(c) Allocation Amount- The allocation under this subsection for a State or local participating jurisdiction for a fiscal year shall be determined as follows:

`(1) STATES- In the case of a State:

`(A) MINIMUM AMOUNT- If the formula amount determined under subsection (b) for the State for the fiscal year is less than 1 percent of the total amount made available under section 292(c) for such fiscal year, the allocation for the State shall be 1 percent of such amount.

`(B) FORMULA AMOUNT- If the formula amount determined under subsection (b) for the State for the fiscal year is 1 percent or more of the total amount made available under section 292(c) for such fiscal year, the allocation for the State shall be the formula amount for the State, except that the Secretary shall reduce such formula amounts for all States whose allocations are determined under this paragraph on a pro rata basis by the amount necessary to account for any increases from the formula amount for allocations made under paragraph (1) of this subsection so that the total of the allocations for all States is equal to the amount of the allocation under section 293 for States.

`(2) PARTICIPATING LOCAL JURISDICTIONS- The allocation for each eligible participating local jurisdiction shall be the formula amount for the eligible jurisdiction determined under subsection (b).

`(d) Grant Awards- For fiscal year 2007 and each fiscal year thereafter, using the amounts made available to the Secretary from the Trust Fund for such fiscal year under section 292(c), the Secretary shall make a grant to each eligible recipient in the lesser of the following amounts:

`(1) FULL ALLOCATION- The amount of the allocation under subsection (c) for the eligible recipient.

`(2) 4 TIMES MATCHING CONTRIBUTION- The amount that is equal to 4 times the amount of funds provided in cash, in-kind contributions, or other eligible amounts by the eligible recipient from non-Federal sources for use only as provided in subsection (e)(2).

`(e) Matching Contribution-

`(1) ELIGIBLE AMOUNTS- For purposes of subsection (d)(2), only the following amounts shall be considered other eligible amounts from non-Federal sources:

`(A) LOW-INCOME HOUSING TAX CREDITS- 50 percent of funds allocable to tax credits allocated under section 42 of the Internal Revenue Code of 1986.

`(B) MORTGAGE BOND REVENUE- 50 percent of revenue from mortgage revenue bonds issued under section 143 of such Code.

`(C) TAX EXEMPT BONDS PROCEEDS- 50 percent of proceeds from the sale of tax exempt bonds.

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