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S. 5535IntroducedSenate · nowHousePresidentLawIn committee
Sec. 8 · S. 5535

Emergency assistance program

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(a) In general The Secretary shall establish a competitive grant program under which the Secretary shall award grants to State, local, territorial, and Tribal governments (in this section referred to as eligible grantees) for the purpose of providing financial assistance and housing stabilization services to very low-income households to prevent evictions, homelessness, and other housing instability. (b) Distribution of funds An eligible grantee receiving assistance under this section may distribute all or a portion of such assistance to private nonprofit organizations, other government entities, public housing agencies, Tribally designated housing entities, or other entities as determined by the Secretary to carry out programs in accordance with this section. (c) Designation An eligible grantee that receives a grant under this section may designate 1 or more entities to carry out programs in accordance with this section. (d) Household eligibility (1) In general A household that is eligible to receive assistance under a program established under this section (in this section referred to as an eligible household) shall be— (A) very low-income, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); (B) at risk of housing instability and experiencing a short-term crisis, as attested to in writing by the household, which may include— (i) a decline in household income; (ii) rental arrears or eviction filings; (iii) a family or health crisis; (iv) unexpected expenses; (v) unsafe or unhealthy living conditions; or (vi) any other event as determined by the Secretary; and (C) obligated to pay rent on a residential dwelling or experiencing homelessness, as defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). (2) Housing type Assistance under a program established under this section shall be provided to eligible households regardless of housing type, or lack thereof, including— (A) rental properties, hotels, or motels where the households are covered by State, Tribal, or local eviction laws; (B) manufactured housing; (C) mobile homes; (D) single rooms; and (E) other types of subsidized and unsubsidized housing. (3) Lease requirements Assistance under a program established under this section shall be provided to eligible households with written or oral leases, subleases, or informal tenancy arrangements, allowing households to self-certify lease agreements. (e) Limitation (1) In general Financial assistance under a program established under this section shall be provided to an eligible household for arrears and for a period not to exceed 4 months during any period of 3 years, except that grantees may provide assistance for an additional 3 months only if necessary to ensure housing stability for the eligible household, subject to the availability of funds. (2) Exception for periods of high unemployment, emergency, or major disaster Financial assistance under a program established under this section shall be provided to an eligible household for arrears and for a period not to exceed 12 months, except that grantees may provide assistance for an additional 3 months only if necessary to ensure housing stability for the eligible household, subject to the availability of funds— (A) if for any month during the fiscal year the average rate of unemployment (seasonally adjusted) for the United States or for the State in which the eligible grantee is located, for the period consisting of the most recent 3 months for which data for all States are published, equals or exceeds 5.5 percent; or (B) in any fiscal year in which a declaration of a major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) is in effect with respect to the jurisdiction covered by an eligible grantee. (f) Use of funds (1) In general An eligible grantee shall— (A) use grant amounts to help eligible households overcome a short-term crisis impacting housing stability and provide financial assistance and housing stability-related services to those eligible households; and (B) evaluate the eligibility of households in a manner consistent with Federal nondiscrimination requirements. (2) Financial assistance A recipient of a grant under this section shall use the grant funds to provide housing-related financial assistance to eligible households in the form of payments, including— (A) direct payments to the eligible households; and (B) the payment of— (i) rent and rent arrears; (ii) utilities and home energy costs and utilities and home energy costs arrears; (iii) application fees, security deposits, and relocation costs; and (iv) other housing-related fees and expenses, as defined by the Secretary. (3) Housing stability-related services Not more than 15 percent of amounts received by a recipient of a grant under this section shall be used to provide housing stability-related services to eligible households, including— (A) services for case management, including community resources to negotiate and resolve issues to keep eligible households housed; (B) rehousing and relocation services; (C) navigation services; (D) services provided by housing counseling agencies approved by the Department to negotiate and resolve financial issues; (E) legal services; (F) services to connect those eligible households to other public supports, including long-term housing assistance; (G) referrals to other services for behavioral, emotional, and mental health issues, domestic violence, child welfare issues, employment, substance abuse treatment, or other services; and (H) other services to promote housing stability as determined by the Secretary. (4) Evaluation Of amounts made available under subsection (n) for fiscal year 2027, not more than $10,000,000 shall be used by the Secretary to conduct a rigorous program evaluation under subsection (k). (5) Administrative costs A recipient of a grant under this section may not use more than 10 percent of the total amount received under this section for administrative costs. (g) Criteria The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of the Treasury, and the Secretary of Agriculture, shall develop criteria to evaluate each application for a grant under this section, which shall— (1) include consideration of— (A) the need within the proposed service area for a program described in subsection (a); (B) the number of very low-income renter households with severe cost burdens, the number of very low-income households experiencing severe overcrowding, the unemployment rate in the proposed service area or region, and the area median rent of the proposed service area; (C) the capacity and interest of the applicant in delivering housing stability interventions and connecting eligible households to other public benefits; (D) the prior performance of the applicant in providing similar forms of assistance, including whether the applicant, in providing those similar forms of assistance, has any unresolved, systemic civil rights violations; (E) a demonstration of collaboration with other entities that provide resources to help eligible households eligible under a program established using grant amounts; (F) a demonstration that the eligible grantee sought consultation with local elected officials, community leaders, residents, and other key stakeholders, including applicable continuums of care for the proposed service area, organizations representing underserved tenants, communities, and populations, courts, and organizations with expertise in affordable housing, fair housing, and services for individuals with disabilities; (G) a comprehensive plan to improve housing stability among not less than 1 at-risk population; (H) the interest in and willingness of the applicant to conduct a rigorous evaluation of the effectiveness of the programs to be established using grant amounts; (I) the estimated impact of the programs to be established by the applicant; and (J) such other factors as the Secretary may require; and (2) ensure geographic diversity among the grantees, including jurisdictions covering rural, suburban, urban, and Tribal communities. (h) Continuous improvement The Secretary shall establish a process that incorporates findings from rigorous evaluation of the grant program authorized under this section into subsequent guidance and best practices for eligible grantees. (i) Evaluation of grantees The Secretary shall— (1) using data provided by eligible grantees, conduct a rigorous evaluation of the grant program authorized under this section that includes an assessment of— (A) the ease with which eligible households are able to access assistance; (B) the effectiveness of the intervention models of the program in preventing housing instability in general and for eligible households of different types and income levels; (C) the cost-effectiveness of the program; and (D) other indicators as determined by the Secretary; (2) publicly disseminate, through internet websites and other means, interim findings as soon as they become available relating to programs established by recipients of a grant under this section; and (3) make the evaluations described in paragraph (1) publicly available. (j) Reporting requirements (1) In general The Secretary shall publish public reports not less frequently than annually regarding the use of funds made available under this section, which shall include, disaggregated by each eligible grantee under this section and at the Census block group level— (A) the number of eligible households that receive assistance; (B) the acceptance rate of applicants for assistance; (C) the type or types of assistance provided to each eligible household; (D) the average amount of funding provided per eligible household receiving assistance; (E) the average number of monthly rental or utility payments that were covered by the funding amount that an eligible household received, as applicable; and (F) other data as determined by the Secretary. (2) Data Each report under this subsection shall disaggregate the information relating to eligible households by the gender, disability status, race, ethnicity, household income as a percentage of area median income, receipt of housing assistance, and all protected classes of the primary applicant for assistance in those eligible households. (3) Protection of personally identifiable data The Secretary may specify an alternate data aggregation level for a given geography if necessary to protect personally identifiable information from being revealed in a public report under this subsection. (4) Alternative requirements The Secretary may establish alternative reporting requirements for Tribal and territorial eligible grantees and Tribally designated housing entities in carrying out activities under this section, including exempting Tribal eligible grantees and Tribally designated housing entities from the Fair Housing Act (42 U.S.C. 3601 et seq.). (5) Privacy requirements (A) In general Each eligible grantee that receives a grant under this section shall establish data privacy and security requirements for the information described in paragraph (1) that— (i) include appropriate measures to ensure that the privacy of individuals is protected; (ii) provide that the information, including any personally identifiable information, is collected and used only for the purpose of submitting reports under paragraph (1) and statistical research purposes; and (iii) provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking. (B) Statistical research (i) In general The Secretary— (I) may provide full and unredacted information provided under subparagraphs (A) through (F) of paragraph (1), including personally identifiable information, for statistical research purposes in accordance with existing law; and (II) may collect and make available for statistical research, at the census block group level, information collected under subparagraph (A). (ii) Application of privacy requirements A recipient of information under clause (i) shall establish for such information the data privacy and security requirements described in subparagraph (A). (6) Provision of data Each eligible grantee shall provide to the Secretary such data as may be necessary for the Secretary to complete the reporting requirements under this subsection. (k) Report on program Not later than 5 years after the establishment of the program under this section, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives and publish in the Federal Register a report— (1) evaluating the effectiveness of the strategies pursued under the grant program; and (2) that includes recommendations for any necessary changes to law. (l) Authorization of appropriations (1) In general There is authorized to be appropriated $3,000,000,000 for each of fiscal years 2027 through 2031, and such sums as may be necessary for each fiscal year thereafter, to carry out this section. (2) Reservation of funds for Tribal communities Of the amount appropriated under paragraph (1), the Secretary shall reserve $9,600,000 for activities and assistance authorized under titles I and VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), and this Act with respect to Indian Tribes, which shall be made available for entities that are eligible for payments under clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260). (m) Availability (1) In General Each eligible grantee shall— (A) with respect to the first 2 fiscal years in which grants are awarded under this section— (i) obligate not less than 60 percent of such grant amounts within 2 years of the date that such funds become available to the eligible grantee for obligation; and (ii) obligate 100 percent of such grant amounts within 3 years of such date; and (B) for each subsequent fiscal year— (i) obligate not less than 60 percent of such grant amounts within 1 year of the date that such funds become available to the eligible grantee for obligation; and (ii) obligate 100 percent of such grant amounts within 2 years of such date. (2) Reallocation (A) In general The Secretary may recapture any amounts not obligated in compliance with paragraph (1) and reallocate such amounts to eligible grantees in compliance that, at the time of reallocation, have obligated not less than 60 percent of the amount originally allocated to the eligible grantee. (B) Other entities If no other eligible grantees exist in a relevant State, the Secretary may contract with units of State or local government, a continuum or continuums of Care, Tribal entities, or nonprofit organizations within the State to administer funds within the State, prioritizing households residing in the service area of the original eligible grantee. (C) Amount The amount of a reallocation described in this paragraph shall be determined based on demonstrated need within the service area covered by the eligible grantee under subparagraph (A) or other entity under subparagraph (B), as determined by the Secretary. (n) Prohibition on prerequisites None of the funds made available pursuant to this section may be used to require any eligible household receiving assistance under the program under this section to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services. (o) Use of self-Certification or self-Attestation The Secretary shall require eligible grantees to allow eligible households to use self-certification or self-attestation to meet statutory or regulatory requirements, to the greatest extent possible. (p) Treatment of assistance Assistance provided to an eligible household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes of determining the eligibility of the eligible household or any member of the eligible household for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State, local, or Tribal program financed in whole or in part with Federal funds. (q) Written notice of denial of assistance An eligible household that is denied assistance by an eligible grantee under the grant program under this section shall receive written notice of the denial of assistance within 5 days of the denial, which shall describe the basis for the denial and provide the eligible household with not less than 10 days to correct or amend the application. (r) Non-Supplantation requirement An eligible grantee shall use grant funds under this section to supplement, not supplant, funding from other sources used by the grantee to support eviction prevention, housing stabilization, and homelessness assistance activities in the most recently completed year.

Sec. 8: Emergency assistance program · Public Law Tracker