Court filing
Bill text (introduced) — H.R. 7301, Emergency Housing Protections and Relief Act of 2020
Filed June 24, 2020 in Hr7301 Emergency Housing Relief; one of 3 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2020-06-24 |
Full text
I 116TH CONGRESS 2D SESSION H. R. 7301 To prevent evictions, foreclosures, and unsafe housing conditions resulting from the COVID-19 pandemic, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2020 Ms. WATERS introduced the following bill; which was referred to the Com- mittee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To prevent evictions, foreclosures, and unsafe housing condi- tions resulting from the COVID-19 pandemic, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Emergency Housing Protections and Relief Act of 5 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7301 IH Sec. 1. Short title; table of contents. TITLE I—PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND FORECLOSURES Sec. 101. Emergency rental assistance. Sec. 102. Homeowner Assistance Fund. Sec. 103. Protecting renters and homeowners from evictions and foreclosures. Sec. 104. Liquidity for mortgage servicers and residential rental property own- ers. Sec. 105. Rural rental assistance. Sec. 106. Funding for public housing and tenant-based rental assistance. Sec. 107. Supplemental funding for supportive housing for the elderly, sup- portive housing for persons with disabilities, supportive housing for persons with AIDS, and project-based section 8 rental as- sistance. Sec. 108. Fair Housing. Sec. 109. Funding for housing counseling services. TITLE II—PROTECTING PEOPLE EXPERIENCING HOMELESSNESS Sec. 201. Homeless assistance funding. Sec. 202. Emergency rental assistance voucher program. TITLE I—PROTECTING RENTERS 1 AND HOMEOWNERS FROM 2 EVICTIONS AND FORE- 3 CLOSURES 4 SEC. 101. EMERGENCY RENTAL ASSISTANCE. 5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 6 authorized to be appropriated to the Secretary of Housing 7 and Urban Development (referred to in this section as the 8 ‘‘Secretary’’) $100,000,000,000 for an additional amount 9 for grants under the Emergency Solutions Grants pro- 10 gram under subtitle B of title IV of the McKinney-Vento 11 Homeless Assistance Act (42 U.S.C. 11371 et seq.), to 12 remain available until expended (subject to subsections (d) 13 and (n) of this section), to be used for providing short- 14 or medium-term assistance with rent and rent-related 15 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7301 IH costs (including tenant-paid utility costs, utility- and rent- 1 arrears, fees charged for those arrears, and security and 2 utility deposits) in accordance with paragraphs (4) and (5) 3 of section 415(a) of such Act (42 U.S.C. 11374(a)) and 4 this section. 5 (b) DEFINITION OF AT RISK OF HOMELESSNESS.— 6 Notwithstanding section 401(1) of the McKinney-Vento 7 Homeless Assistance Act (42 U.S.C. 11360(1)), for pur- 8 poses of assistance made available with amounts made 9 available pursuant to subsection (a), the term ‘‘at risk of 10 homelessness’’ means, with respect to an individual or 11 family, that the individual or family— 12 (1) has an income below 80 percent of the me- 13 dian income for the area as determined by the Sec- 14 retary; and 15 (2) has an inability to attain or maintain hous- 16 ing stability or has insufficient resources to pay for 17 rent or utilities due to financial hardships. 18 (c) INCOME TARGETING AND CALCULATION.—For 19 purposes of assistance made available with amounts made 20 available pursuant to subsection (a)— 21 (1) each recipient of such amounts shall use— 22 (A) not less than 40 percent of the 23 amounts received only for providing assistance 24 for individuals or families experiencing home- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7301 IH lessness, or for persons or families at risk of 1 homelessness who have incomes not exceeding 2 30 percent of the median income for the area 3 as determined by the Secretary; 4 (B) not less than 70 percent of the 5 amounts received only for providing assistance 6 for individuals or families experiencing home- 7 lessness, or for persons or families at risk of 8 homelessness who have incomes not exceeding 9 50 percent of the median income for the area 10 as determined by the Secretary; and 11 (C) the remainder of the amounts received 12 only for providing assistance to individuals or 13 families experiencing homelessness, or for per- 14 sons or families at risk of homelessness who 15 have incomes not exceeding 80 percent of the 16 median income for the area as determined by 17 the Secretary, but such recipient may establish 18 a higher percentage limit for purposes of sub- 19 section (b)(1), which shall not in any case ex- 20 ceed 120 percent of the area median income, if 21 the recipient states that it will serve such popu- 22 lation in its plan; and 23 (2) in determining the income of a household 24 for homelessness prevention assistance— 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7301 IH (A) the calculation of income performed at 1 the time of application for such assistance, in- 2 cluding arrearages, shall consider only income 3 that the household is currently receiving at such 4 time and any income recently terminated shall 5 not be included; 6 (B) any calculation of income performed 7 with respect to households receiving ongoing as- 8 sistance (such as medium-term rental assist- 9 ance) 3 months after initial receipt of assist- 10 ance shall consider only the income that the 11 household is receiving at the time of such re- 12 view; and 13 (C) the calculation of income performed 14 with respect to households receiving assistance 15 for arrearages shall consider only the income 16 that the household was receiving at the time 17 such arrearages were incurred. 18 (d) 3-YEAR AVAILABILITY.— 19 (1) IN GENERAL.—Each recipient of amounts 20 made available pursuant to subsection (a) shall— 21 (A) expend not less than 60 percent of 22 such grant amounts within 2 years of the date 23 that such funds became available to the recipi- 24 ent for obligation; and 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7301 IH (B) expend 100 percent of such grant 1 amounts within 3 years of such date. 2 (2) REALLOCATION AFTER 2 YEARS.—The Sec- 3 retary may recapture any amounts not expended in 4 compliance with paragraph (1)(A) and reallocate 5 such amounts to recipients in compliance with the 6 formula referred to in subsection (h)(1)(A). 7 (e) RENT RESTRICTIONS.— 8 (1) INAPPLICABILITY.—Section 576.106(d) of 9 title 24, Code of Federal Regulations, shall not 10 apply with respect to homelessness prevention assist- 11 ance made available with amounts made available 12 under subsection (a). 13 (2) AMOUNT OF RENTAL ASSISTANCE.—In pro- 14 viding homelessness prevention assistance with 15 amounts made available under subsection (a), the 16 maximum amount of rental assistance that may be 17 provided shall be the greater of— 18 (A) 120 percent of the higher of— 19 (i) the Fair Market Rent established 20 by the Secretary for the metropolitan area 21 or county; or 22 (ii) the applicable Small Area Fair 23 Market Rent established by the Secretary; 24 or 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7301 IH (B) such higher amount as the Secretary 1 shall determine is needed to cover market rents 2 in the area. 3 (f) SUBLEASES.—A recipient shall not be prohibited 4 from providing assistance authorized under subsection (a) 5 with respect to subleases that are valid under State law. 6 (g) HOUSING RELOCATION OR STABILIZATION AC- 7 TIVITIES.—A recipient of amounts made available pursu- 8 ant to subsection (a) may expend up to 25 percent of its 9 allocation for activities under section 415(a)(5) of the 10 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11 11374(a)(5)), except that notwithstanding such section, 12 activities authorized under this subsection may be pro- 13 vided only for individuals or families who have incomes 14 not exceeding 50 percent of the area median income and 15 meet the criteria in subsection (b)(2) of this section or 16 section 103 of the McKinney-Vento Homeless Assistance 17 Act (42 U.S.C. 11302). This subsection shall not apply 18 to rent-related costs that are specifically authorized under 19 subsection (a) of this section. 20 (h) ALLOCATION OF ASSISTANCE.— 21 (1) IN GENERAL.—In allocating amounts made 22 available pursuant to subsection (a), the Secretary 23 shall— 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7301 IH (A)(i) for any purpose authorized in this 1 section— 2 (I) allocate 2 percent of such amount 3 for Indian tribes and tribally designated 4 housing entities (as such terms are defined 5 in section 4 of the Native American Hous- 6 ing Assistance and Self-Determination Act 7 of 1996 (25 U.S.C. 4103)) under the for- 8 mula established pursuant to section 302 9 of such Act (25 U.S.C. 4152), except that 10 0.3 percent of the amount allocated under 11 this clause shall be allocated for the De- 12 partment of Hawaiian Home Lands; and 13 (II) allocate 0.3 percent of such 14 amount for the Virgin Islands, Guam, 15 American Samoa, and the Northern Mar- 16 iana Islands; 17 (ii) not later than 30 days after the date 18 of enactment of this Act, obligate and disburse 19 the amounts allocated pursuant to clause (i) in 20 accordance with such allocations and provide 21 such recipient with any necessary guidance for 22 use of the funds; and 23 (B)(i) not later than 7 days after the date 24 of enactment of this Act and after setting aside 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7301 IH amounts under subparagraph (A), allocate 50 1 percent of any such remaining amounts under 2 the formula specified in subsections (a), (b), 3 and (e) of section 414 of the McKinney-Vento 4 Homeless Assistance Act (42 U.S.C. 11373) 5 for, and notify, each State, metropolitan city, 6 and urban county that is to receive a direct 7 grant of such amounts; and 8 (ii) not later than 30 days after the date 9 of enactment of this Act, obligate and disburse 10 the amounts allocated pursuant to clause (i) in 11 accordance with such allocations and provide 12 such recipient with any necessary guidance for 13 use of the funds; and 14 (C)(i) not later than 45 days after the date 15 of enactment of this Act, allocate any remaining 16 amounts for eligible recipients according to a 17 formula to be developed by the Secretary that 18 takes into consideration the formula referred to 19 in subparagraph (A) and the need for emer- 20 gency rental assistance under this section, in- 21 cluding the severe housing cost burden among 22 extremely low- and very low-income renters and 23 disruptions in housing and economic conditions, 24 including unemployment; and 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7301 IH (ii) not later than 30 days after the date 1 of the allocation of such amounts pursuant to 2 clause (i), obligate and disburse such amounts 3 in accordance with such allocations. 4 (2) ALLOCATIONS TO STATES.— 5 (A) IN GENERAL.—Notwithstanding sub- 6 section (a) of section 414 of the McKinney- 7 Vento Homeless Assistance Act (42 U.S.C. 8 11373(a)) and section 576.202(a) of title 24, 9 Code of Federal Regulations, a State recipient 10 of an allocation under this section may elect to 11 use up to 100 percent of its allocation to carry 12 out activities eligible under this section directly. 13 (B) REQUIREMENT.—Any State recipient 14 making an election described in subparagraph 15 (A) shall serve households throughout the entire 16 State, including households in rural commu- 17 nities and small towns. 18 (3) ELECTION NOT TO ADMINISTER.—If a re- 19 cipient other than a State elects not to receive funds 20 under this section, such funds shall be allocated to 21 the State recipient in which the recipient is located. 22 (4) PARTNERSHIPS, SUBGRANTS, AND CON- 23 TRACTS.—A recipient of a grant under this section 24 may distribute funds through partnerships, sub- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7301 IH grants, or contracts with an entity, such as a public 1 housing agency (as such term is defined in section 2 3(b) of the United States Housing Act of 1937 (42 3 U.S.C. 1437a(b))), that is capable of carrying activi- 4 ties under this section. 5 (5) REVISION TO RULE.—The Secretary shall 6 revise section 576.3 of tile 24, Code of Federal Reg- 7 ulations, to change the set aside for allocation to the 8 territories to exactly 0.3 percent. 9 (i) INAPPLICABILITY OF MATCHING REQUIRE- 10 MENT.—Subsection (a) of section 416 of the McKinney- 11 Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 12 shall not apply to any amounts made available pursuant 13 to subsection (a) of this section. 14 (j) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.— 15 Amounts made available pursuant to subsection (a) may 16 be used by a recipient to reimburse expenditures incurred 17 for eligible activities under this section after March 27, 18 2020. 19 (k) PROHIBITION ON PREREQUISITES.—None of the 20 funds made available pursuant to this section may be used 21 to require any individual receiving assistance under the 22 program under this section to receive treatment or per- 23 form any other prerequisite activities as a condition for 24 receiving shelter, housing, or other services. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7301 IH (l) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 1 (1) IN GENERAL.— 2 (A) AUTHORITY.—In administering the 3 amounts made available pursuant to subsection 4 (a), the Secretary may waive, or specify alter- 5 native requirements for, any provision of any 6 statute or regulation that the Secretary admin- 7 isters in connection with the obligation by the 8 Secretary or the use by the recipient of such 9 amounts (except for requirements related to fair 10 housing, nondiscrimination, labor standards, 11 prohibition on prerequisites, minimum data re- 12 porting, and the environment), if the Secretary 13 finds that good cause exists for the waiver or 14 alternative requirement and such waiver or al- 15 ternative requirement is necessary to expedite 16 the use of funds made available pursuant to 17 this section, to respond to public health orders 18 or conditions related to the COVID-19 emer- 19 gency, or to ensure that eligible individuals can 20 attain or maintain housing stability. 21 (B) PUBLIC NOTICE.—The Secretary shall 22 notify the public through the Federal Register 23 or other appropriate means of any waiver or al- 24 ternative requirement under this paragraph, 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 7301 IH and that such public notice shall be provided, at 1 a minimum, on the internet at the appropriate 2 Government website or through other electronic 3 media, as determined by the Secretary. 4 (C) ELIGIBILITY REQUIREMENTS.—Eligi- 5 bility for rental assistance or housing relocation 6 and stabilization services shall not be restricted 7 based upon the prior receipt of assistance under 8 the program during the preceding three years. 9 (2) PUBLIC HEARINGS.— 10 (A) INAPPLICABILITY OF IN-PERSON HEAR- 11 ING REQUIREMENTS DURING THE COVID-19 12 EMERGENCY.— 13 (i) IN GENERAL.—A recipient under 14 this section shall not be required to hold 15 in-person public hearings in connection 16 with its citizen participation plan, but shall 17 provide citizens with notice, including pub- 18 lication of its plan for carrying out this 19 section on the internet, and a reasonable 20 opportunity to comment of not less than 5 21 days. 22 (ii) RESUMPTION OF IN-PERSON 23 HEARING REQUIREMENTS.—After the pe- 24 riod beginning on the date of enactment of 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 7301 IH this Act and ending on the date of the ter- 1 mination by the Federal Emergency Man- 2 agement Agency of the emergency declared 3 on March 13, 2020, by the President 4 under the Robert T. Stafford Disaster Re- 5 lief and Emergency Assistance Act (42 6 U.S.C. 4121 et seq.) relating to the 7 Coronavirus Disease 2019 (COVID-19) 8 pandemic, and after the period described 9 in subparagraph (B), the Secretary shall 10 direct recipients under this section to re- 11 sume pre-crisis public hearing require- 12 ments. 13 (B) VIRTUAL PUBLIC HEARINGS.— 14 (i) IN GENERAL.—During the period 15 that national or local health authorities 16 recommend social distancing and limiting 17 public gatherings for public health reasons, 18 a recipient may fulfill applicable public 19 hearing requirements for all grants from 20 funds made available pursuant to this sec- 21 tion by carrying out virtual public hear- 22 ings. 23 (ii) REQUIREMENTS.—Any virtual 24 hearings held under clause (i) by a recipi- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 7301 IH ent under this section shall provide reason- 1 able notification and access for citizens in 2 accordance with the recipient’s certifi- 3 cations, timely responses from local offi- 4 cials to all citizen questions and issues, 5 and public access to all questions and re- 6 sponses. 7 (m) CONSULTATION.—In addition to any other cit- 8 izen participation and consultation requirements, in devel- 9 oping and implementing a plan to carry out this section, 10 each recipient of funds made available pursuant to this 11 section shall consult with the applicable Continuum or 12 Continuums of Care for the area served by the recipient 13 and organizations representing underserved communities 14 and populations and organizations with expertise in af- 15 fordable housing, fair housing, and services for people with 16 disabilities. 17 (n) ADMINISTRATION.— 18 (1) BY SECRETARY.—Of any amounts made 19 available pursuant to subsection (a)— 20 (A) not more than the lesser of 0.5 per- 21 cent, or $15,000,000, may be used by the Sec- 22 retary for staffing, training, technical assist- 23 ance, technology, monitoring, research, and 24 evaluation activities necessary to carry out the 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 7301 IH program carried out under this section, and 1 such amounts shall remain available until Sep- 2 tember 30, 2024; and 3 (B) not more than $2,000,000 shall be 4 available to the Office of the Inspector General 5 for audits and investigations of the program au- 6 thorized under this section. 7 (2) BY RECIPIENTS.—Notwithstanding section 8 576.108 of title 24 of the Code of Federal Regula- 9 tions, with respect to amounts made available pursu- 10 ant to this section, a recipient may use up to 10 per- 11 cent of the recipient’s grant for payment of adminis- 12 trative costs related to the planning and execution of 13 activities. 14 SEC. 102. HOMEOWNER ASSISTANCE FUND. 15 (a) DEFINITIONS.—In this section: 16 (1) FUND.—The term ‘‘Fund’’ means the 17 Homeowner Assistance Fund established under sub- 18 section (b). 19 (2) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of the Treasury. 21 (3) STATE.—The term ‘‘State’’ means any 22 State of the United States, the District of Columbia, 23 any territory of the United States, Puerto Rico, 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 7301 IH Guam, American Samoa, the Virgin Islands, and the 1 Northern Mariana Islands. 2 (b) ESTABLISHMENT OF FUND.—There is estab- 3 lished at the Department of the Treasury a Homeowner 4 Assistance Fund to provide such funds as are made avail- 5 able under subsection (g) to State housing finance agen- 6 cies for the purpose of preventing homeowner mortgage 7 defaults, foreclosures, and displacements of individuals 8 and families experiencing financial hardship after January 9 21, 2020. 10 (c) ALLOCATION OF FUNDS.— 11 (1) ADMINISTRATION.—Of any amounts made 12 available for the Fund, the Secretary of the Treas- 13 ury may allocate, in the aggregate, an amount not 14 exceeding 5 percent— 15 (A) to the Office of Financial Stability es- 16 tablished under section 101(a) of the Emer- 17 gency Economic Stabilization Act of 2008 (12 18 U.S.C. 5211(a)) to administer and oversee the 19 Fund, and to provide technical assistance to 20 States for the creation and implementation of 21 State programs to administer assistance from 22 the Fund; and 23 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 7301 IH (B) to the Inspector General of the De- 1 partment of the Treasury for oversight of the 2 program under this section. 3 (2) FOR STATES.—The Secretary shall establish 4 such criteria as are necessary to allocate the funds 5 available within the Fund for each State. The Sec- 6 retary shall allocate such funds among all States 7 taking into consideration the number of unemploy- 8 ment claims within a State relative to the nationwide 9 number of unemployment claims. 10 (3) SMALL STATE MINIMUM.—The amount allo- 11 cated for each State shall not be less than 12 $250,000,000. 13 (4) SET-ASIDE FOR INSULAR AREAS.—Notwith- 14 standing any other provision of this section, of any 15 amounts authorized to be appropriated pursuant to 16 subsection (g), the Secretary shall reserve 17 $200,000,000 to be disbursed to Guam, American 18 Samoa, the Virgin Islands, and the Northern Mar- 19 iana Islands based on each such territory’s share of 20 the combined total population of all such territories, 21 as determined by the Secretary. For the purposes of 22 this paragraph, population shall be determined based 23 on the most recent year for which data are available 24 from the United States Census Bureau. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 7301 IH (5) SET-ASIDE FOR INDIAN TRIBES AND NATIVE 1 HAWAIIANS.—— 2 (A) INDIAN TRIBES.—Notwithstanding any 3 other provision of this section, of any amounts 4 authorized to be appropriated pursuant to sub- 5 section (g), the Secretary shall use 5 percent to 6 make grants in accordance with subsection (f) 7 to eligible recipients for the purposes described 8 in subsection (e)(1). 9 (B) NATIVE HAWAIIANS.— Of the funds 10 set aside under subparagraph (A), the Sec- 11 retary shall use 0.3 percent to make grants to 12 the Department of Hawaiian Home Lands in 13 accordance with subsection (f) for the purposes 14 described in subsection (e)(1). 15 (d) DISBURSEMENT OF FUNDS.— 16 (1) ADMINISTRATION.—Except for amounts 17 made available for assistance under subsection (f), 18 State housing finance agencies shall be primarily re- 19 sponsible for administering amounts disbursed from 20 the Fund, but may delegate responsibilities and sub- 21 allocate amounts to community development finan- 22 cial institutions and State agencies that administer 23 Low-Income Home Energy Assistance Program of 24 the Department of Health and Human Services. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 7301 IH (2) NOTICE OF FUNDING.—The Secretary shall 1 provide public notice of the amounts that will be 2 made available to each State and the method used 3 for determining such amounts not later than the ex- 4 piration of the 14-day period beginning on the date 5 of the enactment of this Act of enactment. 6 (3) SHFA PLANS.— 7 (A) ELIGIBILITY.—To be eligible to receive 8 funding allocated for a State under the section, 9 a State housing finance agency for the State 10 shall submit to the Secretary a plan for the im- 11 plementation of State programs to administer, 12 in part or in full, the amount of funding the 13 state is eligible to receive, which shall provide 14 for the commencement of receipt of applications 15 by homeowners for assistance, and funding of 16 such applications, not later than the expiration 17 of the 6-month period beginning upon the ap- 18 proval under this paragraph of such plan. 19 (B) MULTIPLE PLANS.—. A State housing 20 finance agency may submit multiple plans, each 21 covering a separate portion of funding for 22 which the State is eligible. 23 (C) TIMING.—The Secretary shall approve 24 or disapprove a plan within 30 days after the 25 VerDate Sep 11 2014 01:37 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 7301 IH plan’s submission and, if disapproved, explain 1 why the plan could not be approved. 2 (D) DISBURSEMENT UPON APPROVAL.— 3 The Secretary shall disburse to a State housing 4 finance agency the appropriate amount of fund- 5 ing upon approval of the agency’s plan. 6 (E) AMENDMENTS.—A State housing fi- 7 nance agency may subsequently amend a plan 8 that has previously been approved, provided 9 that any plan amendment shall be subject to 10 the approval of the Secretary. The Secretary 11 shall approve any plan amendment or dis- 12 approve such amendment explain why the plan 13 amendment could not be approved within 45 14 days after submission to the Secretary of such 15 amendment. 16 (F) TECHNICAL ASSISTANCE.—The Sec- 17 retary shall provide technical assistance for any 18 State housing finance agency that twice fails to 19 have a submitted plan approved. 20 (4) PLAN TEMPLATES.—The Secretary shall, 21 not later than 30 days after the date of the enact- 22 ment of this Act, publish templates that States may 23 utilize in drafting the plans required under para- 24 graph (3)(A). The template plans shall include 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 7301 IH standard program terms and requirements, as well 1 as any required legal language, which State housing 2 finance agencies may modify with the consent of the 3 Secretary. 4 (e) PERMISSIBLE USES OF FUND.— 5 (1) IN GENERAL.—Funds made available to 6 State housing finance agencies pursuant to this sec- 7 tion may be used for the purposes established under 8 subsection (b), which may include— 9 (A) mortgage payment assistance, includ- 10 ing financial assistance to allow a borrower to 11 reinstate their mortgage or to achieve a more 12 affordable mortgage payment, which may in- 13 clude principal reduction or rate reduction, pro- 14 vided that any mortgage payment assistance is 15 tailored to a borrower’s needs and their ability 16 to repay, and takes into consideration the loss 17 mitigation options available to the borrower; 18 (B) assistance with payment of taxes, haz- 19 ard insurance, flood insurance, mortgage insur- 20 ance, or homeowners’ association fees; 21 (C) utility payment assistance, including 22 electric, gas, water, and internet service, includ- 23 ing broadband internet access service (as such 24 term is defined in section 8.1(b) of title 47, 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 7301 IH Code of Federal Regulations (or any successor 1 regulation)); 2 (D) reimbursement of funds expended by a 3 State or local government during the period be- 4 ginning on January 21, 2020, and ending on 5 the date that the first funds are disbursed by 6 the State under the Fund, for the purpose of 7 providing housing or utility assistance to indi- 8 viduals or otherwise providing funds to prevent 9 foreclosure or eviction of a homeowner or pre- 10 vent mortgage delinquency or loss of housing or 11 critical utilities as a response to the coronavirus 12 disease 2019 (COVID–19) pandemic; and 13 (E) any other assistance for homeowners 14 to prevent eviction, mortgage delinquency or de- 15 fault, foreclosure, or the loss of essential utility 16 services. 17 (2) TARGETING.— 18 (A) REQUIREMENT.—Not less than 60 per- 19 cent of amounts made available for each State 20 or other entity allocated amounts under sub- 21 section (c) shall be used for activities under 22 paragraph (1) that assist homeowners having 23 incomes equal to or less than 80 percent of the 24 area median income. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 7301 IH (B) DETERMINATION OF INCOME.— In de- 1 termining the income of a household for pur- 2 poses of this paragraph, income shall be consid- 3 ered to include only income that the household 4 is receiving at the time of application for assist- 5 ance from the Fund and any income recently 6 terminated shall not be included, except that for 7 purposes of households receiving assistance for 8 arrearages income shall include only the income 9 that the household was receiving at the time 10 such arrearages were incurred. 11 (C) LANGUAGE ASSISTANCE.—Each State 12 housing finance agency or other entity allocated 13 amounts under subsection (c) shall make avail- 14 able to each applicant for assistance from 15 amounts from the Fund language assistance in 16 any language that such language assistance is 17 available in and shall provide notice to each 18 such applicant that such language assistance is 19 available. 20 (3) ADMINISTRATIVE EXPENSES.—Not more 21 than 15 percent of the amount allocated to a State 22 pursuant to subsection (c) may be used by a State 23 housing financing agency for administrative ex- 24 penses. Any amounts allocated to administrative ex- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 7301 IH penses that are no longer necessary for administra- 1 tive expenses may be used in accordance with para- 2 graph (1). 3 (f) TRIBAL AND NATIVE HAWAIIAN ASSISTANCE.— 4 (1) DEFINITIONS.—In this subsection: 5 (A) DEPARTMENT OF HAWAIIAN HOME 6 LANDS.—The term ‘‘Department of Hawaiian 7 Home Lands’’ has the meaning given the term 8 in section 801 of the Native American Housing 9 Assistance and Self-Determination Act of 1996 10 (42 U.S.C. 4221). 11 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli- 12 gible recipient’’ means any entity eligible to re- 13 ceive a grant under section 101 of the Native 14 American Housing Assistance and Self-Deter- 15 mination Act of 1996 (25 U.S.C. 4111). 16 (2) REQUIREMENTS.— 17 (A) ALLOCATION.—Except for the funds 18 set aside under subsection (c)(5)(B), the Sec- 19 retary shall allocate the funds set aside under 20 subsection (c)(5)(A) using the allocation for- 21 mula described in subpart D of part 1000 of 22 title 24, Code of Federal Regulations (or any 23 successor regulations). 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 7301 IH (B) NATIVE HAWAIIANS.—The Secretary 1 shall use the funds made available under sub- 2 section (c)(5)(B) in accordance with part 1006 3 of title 24, Code of Federal Regulations (or suc- 4 cessor regulations). 5 (3) TRANSFER.—The Secretary shall transfer 6 any funds made available under subsection (c)(5) 7 that have not been allocated by an eligible recipient 8 or the Department of Hawaiian Home Lands, as ap- 9 plicable, to provide the assistance described in sub- 10 section (e)(1) by December 31, 2030, to the Sec- 11 retary of Housing and Urban Development to carry 12 out the Native American Housing Assistance and 13 Self-Determination Act of 1996 (25 U.S.C. 4101 et 14 seq.). 15 (g) FUNDING.—There is authorized to be appro- 16 priated to the Homeowner Assistance Fund established 17 under subsection (b) $75,000,000,000, to remain available 18 until expended or transferred or credited under subsection 19 (i). 20 (h) USE OF HOUSING FINANCE AGENCY INNOVATION 21 FUND FOR THE HARDEST HIT HOUSING MARKETS 22 FUNDS.—A State housing finance agency may reallocate 23 any administrative or programmatic funds it has received 24 as an allocation from the Housing Finance Agency Inno- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 27 •HR 7301 IH vation Fund for the Hardest Hit Housing Markets created 1 pursuant to section 101(a) of the Emergency Economic 2 Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have 3 not been otherwise allocated or disbursed as of the date 4 of enactment of this Act to supplement any administrative 5 or programmatic funds received from the Housing Assist- 6 ance Fund. Such reallocated funds shall not be considered 7 when allocating resources from the Housing Assistance 8 Fund using the process established under subsection (c) 9 and shall remain available for the uses permitted and 10 under the terms and conditions established by the contract 11 with Secretary created pursuant to subsection (d)(1) and 12 the terms of subsection (i). 13 (i) REPORTING REQUIREMENTS.—The Secretary 14 shall provide public reports not less frequently than quar- 15 terly regarding the use of funds provided by the Home- 16 owner Assistance Fund. Such reports shall include the fol- 17 lowing data by State and by program within each State, 18 both for the past quarter and throughout the life of the 19 program— 20 (1) the amount of funds allocated; 21 (2) the amount of funds disbursed; 22 (3) the number of households and individuals 23 assisted; 24 (4) the acceptance rate of applicants; 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 28 •HR 7301 IH (5) the type or types of assistance provided to 1 each household; 2 (6) whether the household assisted had a feder- 3 ally backed loan and identification of the Federal en- 4 tity backing such loan; 5 (7) the average amount of funding provided per 6 household receiving assistance and per type of as- 7 sistance provided; 8 (8) the average number of monthly payments 9 that were covered by the funding amount that a 10 household received, as applicable, disaggregated by 11 type of assistance provided; 12 (9) the income level of each household receiving 13 assistance; and 14 (10) the outcome 12 months after the house- 15 hold has received assistance. 16 Each report under this subsection shall disaggregate the 17 information provided under paragraphs (3) through (10) 18 by State, zip code, racial and ethnic composition of the 19 household, and whether or not the person from the house- 20 hold applying for assistance speaks English as a second 21 language. 22 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 29 •HR 7301 IH SEC. 103. PROTECTING RENTERS AND HOMEOWNERS FROM 1 EVICTIONS AND FORECLOSURES. 2 (a) EVICTION MORATORIUM.—The CARES Act is 3 amended by striking section 4024 (15 U.S.C. 9058; Public 4 Law 116–136; 134 Stat. 492) and inserting the following 5 new section: 6 ‘‘SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL- 7 INGS. 8 ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress 9 finds that— 10 ‘‘(1) according to the 2018 American Commu- 11 nity Survey, 36 percent of households in the United 12 States—more than 43 million households—are rent- 13 ers; 14 ‘‘(2) in 2019 alone, renters in the United States 15 paid $512 billion in rent; 16 ‘‘(3) according to the Joint Center for Housing 17 Studies of Harvard University, 20.8 million renters 18 in the United States spent more than 30 percent of 19 their incomes on housing in 2018 and 10.9 million 20 renters spent more than 50 percent of their incomes 21 on housing in the same year; 22 ‘‘(4) according to data from the Department of 23 Labor, more than 30 million people have filed for 24 unemployment since the COVID-19 pandemic began; 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 30 •HR 7301 IH ‘‘(5) the impacts of the spread of COVID-19, 1 which is now considered a global pandemic, are ex- 2 pected to negatively impact the incomes of poten- 3 tially millions of renter households, making it dif- 4 ficult for them to pay their rent on time; and 5 ‘‘(6) evictions in the current environment would 6 increase homelessness and housing instability which 7 would be counterproductive towards the public 8 health goals of keeping individuals in their homes to 9 the greatest extent possible. 10 ‘‘(b) MORATORIUM.—During the period beginning on 11 the date of the enactment of this Act and ending 12 12 months after such date of enactment, the lessor of a cov- 13 ered dwelling located in such State may not make, or 14 cause to be made, any filing with the court of jurisdiction 15 to initiate a legal action to recover possession of the cov- 16 ered dwelling from the tenant for nonpayment of rent or 17 other fees or charges. 18 ‘‘(c) DEFINITIONS.—For purposes of this section, the 19 following definitions shall apply: 20 ‘‘(1) COVERED DWELLING.—The term ‘covered 21 dwelling’ means a dwelling that is occupied by a ten- 22 ant— 23 ‘‘(A) pursuant to a residential lease; or 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 31 •HR 7301 IH ‘‘(B) without a lease or with a lease ter- 1 minable at will under State law. 2 ‘‘(2) DWELLING.—The term ‘dwelling’ has the 3 meaning given such term in section 802 of the Fair 4 Housing Act (42 U.S.C. 3602) and includes houses 5 and dwellings described in section 803(b) of such 6 Act (42 U.S.C. 3603(b)). 7 ‘‘(d) NOTICE TO VACATE AFTER MORATORIUM EXPI- 8 RATION DATE.—After the expiration of the period de- 9 scribed in subsection (b), the lessor of a covered dwelling 10 may not require the tenant to vacate the covered dwelling 11 by reason of nonpayment of rent or other fees or charges 12 before the expiration of the 30-day period that begins 13 upon the provision by the lessor to the tenant, after the 14 expiration of the period described in subsection (b), of a 15 notice to vacate the covered dwelling.’’. 16 (b) MORTGAGE RELIEF.— 17 (1) FORBEARANCE AND FORECLOSURE MORA- 18 TORIUM FOR COVERED MORTGAGE LOANS.—Section 19 4022 of the CARES Act (15 U.S.C. 9056) is 20 amended— 21 (A) by striking ‘‘Federally backed mort- 22 gage loan’’ each place such term appears and 23 inserting ‘‘covered mortgage loan’’; and 24 (B) in subsection (a)— 25 VerDate Sep 11 2014 01:37 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 32 •HR 7301 IH (i) by amending paragraph (2) to read 1 as follows: 2 ‘‘(2) COVERED MORTGAGE LOAN.—The term 3 ‘covered mortgage loan’ means any credit trans- 4 action that is secured by a mortgage, deed of trust, 5 or other equivalent consensual security interest on a 6 1- to 4-unit dwelling or on residential real property 7 that includes a 1- to 4-unit dwelling, except that it 8 shall not include a credit transaction under an open 9 end credit plan other than a reverse mortgage.’’; and 10 (ii) by adding at the end the fol- 11 lowing: 12 ‘‘(3) COVERED PERIOD.—With respect to a 13 loan, the term ‘covered period’ means the period be- 14 ginning on the date of enactment of this Act and 15 ending 12 months after such date of enactment.’’. 16 (2) AUTOMATIC FORBEARANCE FOR DELIN- 17 QUENT BORROWERS.—Section 4022(c) of the 18 CARES Act (15 U.S.C. 9056(c)), as amended by 19 paragraph (5) of this subsection, is further amended 20 by adding at the end the following: 21 ‘‘(9) AUTOMATIC FORBEARANCE FOR DELIN- 22 QUENT BORROWERS.— 23 ‘‘(A) IN GENERAL.—Notwithstanding any 24 other law governing forbearance relief— 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 33 •HR 7301 IH ‘‘(i) any borrower whose covered mort- 1 gage loan became 60 days delinquent be- 2 tween March 13, 2020, and the date of en- 3 actment of this paragraph, and who has 4 not already received a forbearance under 5 subsection (b), shall automatically be 6 granted a 60-day forbearance that begins 7 on the date of enactment of this para- 8 graph, provided that a borrower shall not 9 be considered delinquent for purposes of 10 this paragraph while making timely pay- 11 ments or otherwise performing under a 12 trial modification or other loss mitigation 13 agreement; and 14 ‘‘(ii) any borrower whose covered 15 mortgage loan becomes 60 days delinquent 16 between the date of enactment of this 17 paragraph and the end of the covered pe- 18 riod, and who has not already received a 19 forbearance under subsection (b), shall 20 automatically be granted a 60-day forbear- 21 ance that begins on the 60th day of delin- 22 quency, provided that a borrower shall not 23 be considered delinquent for purposes of 24 this paragraph while making timely pay- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 34 •HR 7301 IH ments or otherwise performing under a 1 trial modification or other loss mitigation 2 agreement. 3 ‘‘(B) INITIAL EXTENSION.—An automatic 4 forbearance provided under subparagraph (A) 5 shall be extended for up to an additional 120 6 days upon the borrower’s request, oral or writ- 7 ten, submitted to the borrower’s servicer affirm- 8 ing that the borrower is experiencing a financial 9 hardship that prevents the borrower from mak- 10 ing timely payments on the covered mortgage 11 loan due, directly or indirectly, to the COVID– 12 19 emergency. 13 ‘‘(C) SUBSEQUENT EXTENSION.—A for- 14 bearance extended under subparagraph (B) 15 shall be extended for up to an additional 180 16 days, up to a maximum of 360 days (including 17 the period of automatic forbearance), upon the 18 borrower’s request, oral or written, submitted to 19 the borrower’s servicer affirming that the bor- 20 rower is experiencing a financial hardship that 21 prevents the borrower from making timely pay- 22 ments on the covered mortgage loan due, di- 23 rectly or indirectly, to the COVID–19 emer- 24 gency. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 35 •HR 7301 IH ‘‘(D) RIGHT TO ELECT TO CONTINUE MAK- 1 ING PAYMENTS.—With respect to a forbearance 2 provided under this paragraph, the borrower of 3 such loan may elect to continue making regular 4 payments on the loan. A borrower who makes 5 such election shall be offered a loss mitigation 6 option pursuant to subsection (d) within 30 7 days of resuming regular payments to address 8 any payment deficiency during the forbearance. 9 ‘‘(E) RIGHT TO SHORTEN FORBEAR- 10 ANCE.—At a borrower’s request, any period of 11 forbearance provided under this paragraph may 12 be shortened. A borrower who makes such a re- 13 quest shall be offered a loss mitigation option 14 pursuant to subsection (d) within 30 days of re- 15 suming regular payments to address any pay- 16 ment deficiency during the forbearance. 17 ‘‘(10) AUTOMATIC FORBEARANCE FOR CERTAIN 18 REVERSE MORTGAGE LOANS.— 19 ‘‘(A) IN GENERAL.—When any covered 20 mortgage loan which is also a federally-insured 21 reverse mortgage loan, during the covered pe- 22 riod, is due and payable due to the death of the 23 last borrower or end of a deferral period or eli- 24 gible to be called due and payable due to a 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 36 •HR 7301 IH property charge default, or if the borrower de- 1 faults on a property charge repayment plan, or 2 if the borrower defaults for failure to complete 3 property repairs, or if an obligation of the bor- 4 rower under the Security Instrument is not per- 5 formed, the mortgagee automatically shall be 6 granted a six-month extension of— 7 ‘‘(i) the mortgagee’s deadline to re- 8 quest due and payable status from the De- 9 partment of Housing and Urban Develop- 10 ment; 11 ‘‘(ii) the mortgage’s deadline to send 12 notification to the mortgagor or his or her 13 heirs that the loan is due and payable; 14 ‘‘(iii) the deadline to initiate fore- 15 closure; 16 ‘‘(iv) any reasonable diligence period 17 related to foreclosure or the Mortgagee Op- 18 tional Election; 19 ‘‘(v) if applicable, the deadline to ob- 20 tain the due and payable appraisal; and 21 ‘‘(vi) any claim submission deadline, 22 including the 6-month acquired property 23 marketing period. 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 37 •HR 7301 IH ‘‘(B) FORBEARANCE PERIOD.—The mort- 1 gagee shall not request due and payable status 2 from the Secretary of Housing and Urban De- 3 velopment nor initiate foreclosure during this 4 six-month period described under subparagraph 5 (A), which shall be considered a forbearance pe- 6 riod. 7 ‘‘(C) EXTENSION.—A forbearance provided 8 under subparagraph (B) and related deadline 9 extension authorized under subparagraph (A) 10 shall be extended for an additional 180 days 11 upon— 12 ‘‘(i) the borrower’s request, oral or 13 written, submitted to the borrower’s 14 servicer affirming that the borrower is ex- 15 periencing a financial hardship that pre- 16 vents the borrower from making payments 17 on property charges, completing property 18 repairs, or performing an obligation of the 19 borrower under the Security Instrument 20 due, directly or indirectly, to the COVID– 21 19 emergency; 22 ‘‘(ii) a non-borrowing spouse’s re- 23 quest, oral or written, submitted to the 24 servicer affirming that the non-borrowing 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 38 •HR 7301 IH spouse has been unable to satisfy all cri- 1 teria for the Mortgagee Optional Election 2 program due, directly or indirectly, to the 3 COVID-19 emergency, or to perform all 4 actions necessary to become an eligible 5 non-borrowing spouse following the death 6 of all borrowers; or 7 ‘‘(iii) a successor-in-interest of the 8 borrower’s request, oral or written, sub- 9 mitted to the servicer affirming the heir’s 10 difficulty satisfying the reverse mortgage 11 loan due, directly or indirectly, to the 12 COVID-19 emergency. 13 ‘‘(D) CURTAILMENT OF DEBENTURE IN- 14 TEREST.—Where any covered mortgage loan 15 which is also a federally insured reverse mort- 16 gage loan is in default during the covered pe- 17 riod and subject to a prior event which provides 18 for curtailment of debenture interest in connec- 19 tion with a claim for insurance benefits, the 20 curtailment of debenture interest shall be sus- 21 pended during any forbearance period provided 22 herein.’’. 23 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 39 •HR 7301 IH (3) ADDITIONAL FORECLOSURE AND REPOSSES- 1 SION PROTECTIONS.—Section 4022(c) of the 2 CARES Act (15 U.S.C. 9056(c)) is amended— 3 (A) in paragraph (2), by striking ‘‘may not 4 initiate any judicial or non-judicial foreclosure 5 process, move for a foreclosure judgment or 6 order of sale, or execute a foreclosure-related 7 eviction or foreclosure sale for not less than the 8 60-day period beginning on March 18, 2020’’ 9 and inserting ‘‘may not initiate or proceed with 10 any judicial or non-judicial foreclosure process, 11 schedule a foreclosure sale, move for a fore- 12 closure judgment or order of sale, execute a 13 foreclosure related eviction or foreclosure sale 14 for six months after the date of enactment of 15 the Emergency Housing Protections and Relief 16 Act of 2020’’; and 17 (B) by adding at the end the following: 18 ‘‘(3) REPOSSESSION MORATORIUM.—In the case 19 of personal property, including any recreational or 20 motor vehicle, used as a dwelling, no person may use 21 any judicial or non-judicial procedure to repossess or 22 otherwise take possession of such property for six 23 months after date of enactment of this paragraph.’’. 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 40 •HR 7301 IH (4) MORTGAGE FORBEARANCE REFORMS.—Sec- 1 tion 4022 of the CARES Act (15 U.S.C. 9056) is 2 amended— 3 (A) in subsection (b), by striking para- 4 graphs (1), (2), and (3) and inserting the fol- 5 lowing: 6 ‘‘(1) IN GENERAL.—During the covered period, 7 a borrower with a covered mortgage loan who has 8 not obtained automatic forbearance pursuant to this 9 section and who is experiencing a financial hardship 10 that prevents the borrower from making timely pay- 11 ments on the covered mortgage loan due, directly or 12 indirectly, to the COVID–19 emergency may request 13 forbearance on the loan, regardless of delinquency 14 status, by— 15 ‘‘(A) submitting a request, orally or in 16 writing, to the servicer of the loan; and 17 ‘‘(B) affirming that the borrower is experi- 18 encing a financial hardship that prevents the 19 borrower from making timely payments on the 20 covered mortgage loan due, directly or indi- 21 rectly, to the COVID–19 emergency. 22 ‘‘(2) DURATION OF FORBEARANCE.— 23 ‘‘(A) IN GENERAL.—Upon a request by a 24 borrower to a servicer for forbearance under 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 41 •HR 7301 IH paragraph (1), such forbearance shall be grant- 1 ed by the servicer for the period requested by 2 the borrower, up to an initial length of 180 3 days, the length of which shall be extended by 4 the servicer, at the request of the borrower for 5 the period or periods requested, for a total for- 6 bearance period of up to 12-months. 7 ‘‘(B) MINIMUM FORBEARANCE 8 AMOUNTS.—For purposes of granting a forbear- 9 ance under this paragraph, a servicer may 10 grant an initial forbearance with a term of not 11 less than 90 days, provided that it is automati- 12 cally extended for an additional 90 days unless 13 the servicer confirms the borrower does not 14 want to renew the forbearance or that the bor- 15 rower is no longer experiencing a financial 16 hardship that prevents the borrower from mak- 17 ing timely mortgage payments due, directly or 18 indirectly, to the COVID–19 emergency. 19 ‘‘(C) RIGHT TO SHORTEN FORBEAR- 20 ANCE.—At a borrower’s request, any period of 21 forbearance described under this paragraph 22 may be shortened. A borrower who makes such 23 a request shall be offered a loss mitigation op- 24 tion pursuant to subsection (d) within 30 days 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 42 •HR 7301 IH of resuming regular payments to address any 1 payment deficiency during the forbearance. 2 ‘‘(3) ACCRUAL OF INTEREST OR FEES.—A 3 servicer shall not charge a borrower any fees, pen- 4 alties, or interest (beyond the amounts scheduled or 5 calculated as if the borrower made all contractual 6 payments on time and in full under the terms of the 7 mortgage contract) in connection with a forbearance, 8 provided that a servicer may offer the borrower a 9 modification option at the end of a forbearance pe- 10 riod granted hereunder that includes the capitaliza- 11 tion of past due principal and interest and escrow 12 payments as long as the borrower’s principal and in- 13 terest payment under such modification remains at 14 or below the contractual principal and interest pay- 15 ments owed under the terms of the mortgage con- 16 tract before such forbearance period except as the 17 result of a change in the index of an adjustable rate 18 mortgage. 19 ‘‘(4) COMMUNICATION WITH SERVICERS.—Any 20 communication between a borrower and a servicer 21 described under this section may be made in writing 22 or orally, at the borrower’s choice. 23 ‘‘(5) COMMUNICATION WITH BORROWERS WITH 24 A DISABILITY.—Upon request from a borrower, 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 43 •HR 7301 IH servicers shall communicate with borrowers who 1 have a disability in the borrower’s preferred method 2 of communication. For purposes of this paragraph, 3 the term ‘disability’ has the meaning given that term 4 in the Fair Housing Act, the Americans with Dis- 5 abilities Act of 1990, or the Rehabilitation Act of 6 1973.’’; and 7 (B) in subsection (c), by amending para- 8 graph (1) to read as follows: 9 ‘‘(1) NO DOCUMENTATION REQUIRED.—A 10 servicer of a covered mortgage loan shall not require 11 any documentation with respect to a forbearance 12 under this section other than the borrower’s affirma- 13 tion (oral or written) to a financial hardship that 14 prevents the borrower from making timely payments 15 on the covered mortgage loan due, directly or indi- 16 rectly, to the COVID–19 emergency. An oral request 17 for forbearance and oral affirmation of hardship by 18 the borrower shall be sufficient for the borrower to 19 obtain or extend a forbearance.’’. 20 (5) OTHER SERVICER REQUIREMENTS DURING 21 FORBEARANCE.—Section 4022(c) of the CARES Act 22 (15 U.S.C. 9056(c)), as amended by paragraph (3) 23 of this subsection, is further amended by adding at 24 the end the following: 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 44 •HR 7301 IH ‘‘(4) FORBEARANCE TERMS NOTICE.—Within 1 30 days of a servicer of a covered mortgage loan 2 providing forbearance to a borrower under sub- 3 section (b) or paragraph (9) or (10), or 10 days if 4 the forbearance is for a term of less than 60 days, 5 but only where the forbearance was provided in re- 6 sponse to a borrower’s request for forbearance or 7 when an automatic forbearance was initially pro- 8 vided under paragraph (9) or (10), and not when an 9 existing forbearance is automatically extended, the 10 servicer shall provide the borrower with a notice in 11 accordance with the terms in paragraph (5). 12 ‘‘(5) CONTENTS OF NOTICE.—The written no- 13 tice required under paragraph (4) shall state in 14 plain language— 15 ‘‘(A) the specific terms of the forbearance; 16 ‘‘(B) the beginning and ending dates of the 17 forbearance; 18 ‘‘(C) that the borrower is eligible for up to 19 12 months of forbearance; 20 ‘‘(D) that the borrower may request an ex- 21 tension of the forbearance unless the borrower 22 will have reached the maximum period at the 23 end of the forbearance; 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 45 •HR 7301 IH ‘‘(E) that the borrower may request that 1 the initial or extended period be shortened at 2 any time; 3 ‘‘(F) that the borrower should contact the 4 servicer before the end of the forbearance pe- 5 riod; 6 ‘‘(G) a description of the loss mitigation 7 options that may be available to the borrower at 8 the end of the forbearance period based on the 9 borrower’s specific loan; 10 ‘‘(H) information on how to find a housing 11 counseling agency approved by the Department 12 of Housing and Urban Development; 13 ‘‘(I) in the case of a forbearance provided 14 pursuant to paragraph (9) or (10), that the for- 15 bearance was automatically provided and how 16 to contact the servicer to make arrangements 17 for further assistance, including any renewal; 18 and 19 ‘‘(J) where applicable, that the forbearance 20 is subject to an automatic extension including 21 the terms of any such automatic extensions and 22 when any further extension would require a bor- 23 rower request. 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 46 •HR 7301 IH ‘‘(6) TREATMENT OF ESCROW ACCOUNTS.— 1 During any forbearance provided under this section, 2 a servicer shall pay or advance funds to make dis- 3 bursements in a timely manner from any escrow ac- 4 count established on the covered mortgage loan. 5 ‘‘(7) NOTIFICATION FOR BORROWERS.—During 6 the period that begins 90 days after the date of the 7 enactment of this paragraph and ends at the end of 8 the covered period, each servicer of a covered mort- 9 gage loan shall be required to— 10 ‘‘(A) make available in a clear and con- 11 spicuous manner on their webpage accurate in- 12 formation, in English and Spanish, for bor- 13 rowers regarding the availability of forbearance 14 as provided under subsection (b); and 15 ‘‘(B) notify every borrower whose pay- 16 ments on a covered mortgage loan are delin- 17 quent in any oral communication with or to the 18 borrower that the borrower may be eligible to 19 request forbearance as provided under sub- 20 section (b), except that such notice shall not be 21 required if the borrower already has requested 22 forbearance under subsection (b). 23 ‘‘(8) CERTAIN TREATMENT UNDER RESPA.—As 24 long as a borrower’s payment on a covered mortgage 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 47 •HR 7301 IH loan was not more than 30 days delinquent on 1 March 13, 2020, a servicer may not deem the bor- 2 rower as delinquent while a forbearance granted 3 under subsection (b) is in effect for purposes of the 4 application of sections 6 and 10 of the Real Estate 5 Settlement Procedures Act and any applicable regu- 6 lations.’’. 7 (6) POST-FORBEARANCE LOSS MITIGATION.— 8 (A) AMENDMENT TO CARES ACT.—Section 9 4022 of the CARES Act (15 U.S.C. 9056) is 10 amended by adding at the end the following: 11 ‘‘(d) POST-FORBEARANCE LOSS MITIGATION.— 12 ‘‘(1) NOTICE OF AVAILABILITY OF ADDITIONAL 13 FORBEARANCE.—With respect to any covered mort- 14 gage loan as to which forbearance under this section 15 has been granted and not otherwise extended, in- 16 cluding by automatic extension, a servicer shall, no 17 later than 30 days before the end of the forbearance 18 period, in writing, notify the borrower that addi- 19 tional forbearance may be available and how to re- 20 quest such forbearance, except that no such notice 21 is required where the borrower already has requested 22 an extension of the forbearance period, is subject to 23 automatic extension pursuant to subsection 24 (b)(2)(B), or no additional forbearance is available. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 48 •HR 7301 IH ‘‘(2) LOSS MITIGATION OFFER BEFORE EXPIRA- 1 TION OF FORBEARANCE.—No later than 30 days be- 2 fore the end of any forbearance period that has not 3 been extended or 30 days after a request by a con- 4 sumer to terminate the forbearance, which time shall 5 be before the servicer initiates or engages in any 6 foreclosure activity listed in subsection (c)(2), in- 7 cluding incurring or charging to a borrower any fees 8 or corporate advances related to a foreclosure, the 9 servicer shall, in writing— 10 ‘‘(A) offer the borrower a loss mitigation 11 option, without the charging of any fees or pen- 12 alties other than interest, such that the bor- 13 rower’s principal and interest payment remains 14 the same as it was prior to the forbearance, 15 subject to any adjustment of the index pursuant 16 to the terms of an adjustable rate mortgage, 17 and that either— 18 ‘‘(i) defers the payment of total ar- 19 rearages, including any escrow advances, 20 to the end of the existing term of the loan, 21 without the charging or collection of any 22 additional interest on the deferred 23 amounts; or 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 49 •HR 7301 IH ‘‘(ii) extends the term of the mortgage 1 loan, and capitalizes, defers, or forgives all 2 escrow advances and other arrearages; 3 provided, however, that the servicer may offer 4 the borrower a loss mitigation option that re- 5 duces the principal and interest payment on the 6 loan and capitalizes, defers, or forgives all es- 7 crow advances or arrearages if the servicer has 8 information indicating that the borrower cannot 9 resume the pre-forbearance mortgage payments; 10 and 11 ‘‘(B) concurrent with the loss mitigation 12 offer in subparagraph (A), notify the borrower 13 that the borrower has the right to be evaluated 14 for other loss mitigation options if the borrower 15 is not able to make the payment under the op- 16 tion offered in subparagraph (A). 17 ‘‘(3) EVALUATION FOR LOSS MITIGATION PRIOR 18 TO FORECLOSURE INITIATION.—Before a servicer 19 may initiate or engage in any foreclosure activity 20 listed in subsection (c)(2), including incurring or 21 charging to a borrower any fees or corporate ad- 22 vances related to a foreclosure on the basis that the 23 borrower has failed to perform under the loss miti- 24 gation offer in paragraph (2)(A) within the first 90 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 50 •HR 7301 IH days after the option is offered, including a failure 1 to accept the loss mitigation offer in paragraph 2 (2)(A), the servicer shall— 3 ‘‘(A) unless the borrower has already sub- 4 mitted a complete application that the servicer 5 is reviewing— 6 ‘‘(i) notify the borrower in writing of 7 the documents and information, if any, 8 needed by the servicer to enable the 9 servicer to consider the borrower for all 10 available loss mitigation options; 11 ‘‘(ii) exercise reasonable diligence to 12 obtain the documents and information 13 needed to complete the borrower’s loss 14 mitigation application; 15 ‘‘(B) upon receipt of a complete applica- 16 tion or if, despite the servicer’s exercise of rea- 17 sonable diligence, the loss mitigation application 18 remains incomplete sixty days after the notice 19 in paragraph (2)(A) is sent, conduct an evalua- 20 tion of the complete or incomplete loss mitiga- 21 tion application without reference to whether 22 the borrower has previously submitted a com- 23 plete loss mitigation application and offer the 24 borrower all available loss mitigation options for 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 51 •HR 7301 IH which the borrower qualifies under applicable 1 investor guidelines, including guidelines regard- 2 ing required documentation. 3 ‘‘(4) EFFECT ON FUTURE REQUESTS FOR LOSS 4 MITIGATION REVIEW.—An application, offer, or eval- 5 uation for loss mitigation under this section shall 6 not be the basis for the denial of a borrower’s appli- 7 cation as duplicative or for a reduction in the bor- 8 rower’s appeal rights under Regulation X (12 C.F.R. 9 1024) in regard to any loss mitigation application 10 submitted after the servicer has complied with the 11 requirements of paragraphs (2) and (3). 12 ‘‘(5) SAFE HARBOR.—Any loss mitigation op- 13 tion authorized by the Federal National Mortgage 14 Association, the Federal Home Loan Corporation, or 15 the Federal Housing Administration that either— 16 ‘‘(A) defers the payment of total arrear- 17 ages, including any escrow advances, to the end 18 of the existing term of the loan, without the 19 charging or collection of any additional interest 20 on the deferred amounts, or 21 ‘‘(B) extends the term of the mortgage 22 loan, and capitalizes, defers, or forgives all es- 23 crow advances and other arrearages, without 24 the charging of any fees or penalties beyond in- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 52 •HR 7301 IH terest on any amount capitalized into the loan 1 principal, 2 shall be deemed to comply with the requirements of 3 paragraph (1)(B). 4 ‘‘(6) HOME RETENTION OPTIONS FOR CERTAIN 5 REVERSE MORTGAGE LOANS.— 6 ‘‘(A) IN GENERAL.—For a covered mort- 7 gage loan which is also a federally-insured re- 8 verse mortgage loan, a servicer’s conduct shall 9 be deemed to comply with this section provided 10 that if the loan is eligible to be called due and 11 payable due to a property charge default, the 12 mortgagee shall, as a precondition to sending a 13 due and payable request to the Secretary or ini- 14 tiating or continuing a foreclosure process— 15 ‘‘(i) make a good faith effort to com- 16 municate with the borrower regarding 17 available home retention options to cure 18 the property charge default, including en- 19 couraging the borrower to apply for home 20 retention options; and 21 ‘‘(ii) consider the borrower for all 22 available home retention options as allowed 23 by the Secretary. 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 53 •HR 7301 IH ‘‘(B) PERMISSIBLE REPAYMENT PLANS.— 1 The Secretary shall amend its allowable home 2 retention options to permit a repayment plan of 3 up to 120 months in length, and to permit a re- 4 payment plan without regard to prior defaults 5 on repayment plans. 6 ‘‘(C) LIMITATION ON INTEREST CURTAIL- 7 MENT.—The Secretary may not curtail interest 8 paid to mortgagees who engage in loss mitiga- 9 tion or home retention actions through interest 10 curtailment during such loss mitigation or home 11 retention review or during the period when a 12 loss mitigation or home retention plan is in ef- 13 fect and ending 90 days after any such plan 14 terminates.’’. 15 (B) AMENDMENT TO HOUSING ACT OF 16 1949.—Section 505 of the Housing Act of 1949 17 (42 U.S.C. 1475) is amended— 18 (i) by striking the section heading and 19 inserting ‘‘LOSS MITIGATION AND FORE- 20 CLOSURE PROCEDURES’’; 21 (ii) in subsection (a), by striking the 22 section designation and all that follows 23 through ‘‘During any’’ and inserting the 24 following: 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 54 •HR 7301 IH ‘‘SEC. 505. (a) MORATORIUM.—(1) In determining a 1 borrower’s eligibility for relief, the Secretary shall make 2 all eligibility decisions based on the borrower’s household’s 3 income, expenses, and circumstances. 4 ‘‘(2) During any’’. 5 (iii) by redesignating subsection (b) as 6 subsection (c); and 7 (iv) by inserting after subsection (a) 8 the following new subsection: 9 ‘‘(b) LOAN MODIFICATION.—(1) Notwithstanding 10 any other provision of this title, for any loan made under 11 section 502 or 504, the Secretary may modify the interest 12 rate and extend the term of such loan for up to 30 years 13 from the date of such modification. 14 ‘‘(2) At the end of any moratorium period granted 15 under this section or under the Emergency Housing Pro- 16 tections and Relief Act of 2020, the Secretary shall deter- 17 mine whether the borrower can reasonably resume making 18 principal and interest payments after the Secretary modi- 19 fies the borrower’s loan obligations in accordance with 20 paragraph (1).’’. 21 (7) MULTIFAMILY MORTGAGE FORBEARANCE.— 22 Section 4023 of the CARES Act (15 U.S.C. 9057) 23 is amended— 24 VerDate Sep 11 2014 01:24 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 55 •HR 7301 IH (A) by striking ‘‘Federally backed multi- 1 family mortgage loan’’ each place such term ap- 2 pears and inserting ‘‘multifamily mortgage 3 loan’’; 4 (B) in subsection (b), by striking ‘‘during’’ 5 and inserting ‘‘due, directly or indirectly, to’’; 6 (C) in subsection (c)(1)— 7 (i) in subparagraph (A), by adding 8 ‘‘and’’ at the end; 9 (ii) by striking subparagraphs (B) and 10 (C) and inserting the following: 11 ‘‘(B) provide the forbearance for up to the 12 end of the period described under section 13 4024(b).’’; and 14 (D) by redesignating subsection (f) as sub- 15 section (g); 16 (E) by inserting after subsection (e) the 17 following: 18 ‘‘(f) TREATMENT AFTER FORBEARANCE.—With re- 19 spect to a multifamily mortgage loan provided a forbear- 20 ance under this section, the servicer of such loan— 21 ‘‘(1) shall provide the borrower with a 12- 22 month period beginning at the end of such forbear- 23 ance to become current on the payments under such 24 loan; 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 56 •HR 7301 IH ‘‘(2) may not charge any late fees, penalties, or 1 other charges with respect to payments on the loan 2 that were due during the forbearance period, if such 3 payments are made before the end of the 12-month 4 period; and 5 ‘‘(3) may not report any adverse information to 6 a credit rating agency (as defined under section 603 7 of the Fair Credit Reporting Act with respect to any 8 payments on the loan that were due during the for- 9 bearance period, if such payments are made before 10 the end of the 12-month period.).’’; and 11 (F) in subsection (g), as so redesignated— 12 (i) in paragraph (2)— 13 (I) by striking ‘‘that—’’ and all 14 that follows through ‘‘(A) is secured 15 by’’ and inserting ‘‘that is secured 16 by’’; 17 (II) by striking ‘‘; and’’ and in- 18 serting a period; and 19 (III) by striking subparagraph 20 (B); and 21 (ii) by amending paragraph (5) to 22 read as follows: 23 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 57 •HR 7301 IH ‘‘(5) COVERED PERIOD.—With respect to a 1 loan, the term ‘covered period’ has the meaning 2 given that term under section 4022(a)(3).’’. 3 (8) RENTER PROTECTIONS DURING FORBEAR- 4 ANCE PERIOD.— A borrower that receives a forbear- 5 ance pursuant to section 4022 or 4023 of the 6 CARES Act (15 U.S.C. 9056 or 9057) may not, for 7 the duration of the forbearance— 8 (A) evict or initiate the eviction of a tenant 9 solely for nonpayment of rent or other fees or 10 charges; or 11 (B) charge any late fees, penalties, or 12 other charges to a tenant for late payment of 13 rent. 14 (9) EXTENSION OF GSE PATCH.— 15 (A) NON-APPLICABILITY OF EXISTING 16 SUNSET.—Section 1026.43(e)(4)(iii)(B) of title 17 12, Code of Federal Regulations, shall have no 18 force or effect. 19 (B) EXTENDED SUNSET.—The special 20 rules in section 1026.43(e)(4) of title 12, Code 21 of Federal Regulations, shall apply to covered 22 transactions consummated prior to June 1, 23 2022, or such later date as the Director of the 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 58 •HR 7301 IH Bureau of Consumer Financial Protection may 1 determine, by rule. 2 (10) SERVICER SAFE HARBOR FROM INVESTOR 3 LIABILITY.— 4 (A) SAFE HARBOR.— 5 (i) IN GENERAL.—A servicer of cov- 6 ered mortgage loans or multifamily mort- 7 gage loans shall be deemed not to have vio- 8 lated any duty or contractual obligation 9 owed to investors or other parties regard- 10 ing such mortgage loans on account of of- 11 fering or implementing in good faith for- 12 bearance during the covered period or of- 13 fering or implementing in good faith post- 14 forbearance loss mitigation (including after 15 the expiration of the covered period) in ac- 16 cordance with the terms of sections 4022 17 and 4023 of the CARES Act to borrowers, 18 respectively, on covered or multifamily 19 mortgage loans that it services and shall 20 not be liable to any party who is owed such 21 a duty or obligation or subject to any in- 22 junction, stay, or other equitable relief to 23 such party on account of such offer or im- 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 59 •HR 7301 IH plementation of forbearance or post-for- 1 bearance loss mitigation. 2 (ii) OTHER PERSONS.—Any person, 3 including a trustee of a securitization vehi- 4 cle or other party involved in a 5 securitization or other investment vehicle, 6 who in good faith cooperates with a 7 servicer of covered or multifamily mortgage 8 loans held by that securitization or invest- 9 ment vehicle to comply with the terms of 10 section 4022 and 4023 of the CARES Act, 11 respectively, to borrowers on covered or 12 multifamily mortgage loans owned by the 13 securitization or other investment vehicle 14 shall not be liable to any party who is owed 15 such a duty or obligation or subject to any 16 injunction, stay, or other equitable relief to 17 such party on account of its cooperation 18 with an offer or implementation of forbear- 19 ance during the covered period or post-for- 20 bearance loss mitigation, including after 21 the expiration of the covered period. 22 (B) STANDARD INDUSTRY PRACTICE.— 23 During the covered period, notwithstanding any 24 contractual restrictions, it is deemed to be 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 60 •HR 7301 IH standard industry practice for a servicer to 1 offer forbearance or loss mitigation options in 2 accordance with the terms of sections 4022 and 3 4023 of the CARES Act to borrowers, respec- 4 tively, on all covered or multifamily mortgage 5 loans it services. 6 (C) RULE OF CONSTRUCTION.—Nothing in 7 this paragraph may be construed as affecting 8 the liability of a servicer or other person for ac- 9 tual fraud in the servicing of a mortgage loan 10 or for the violation of a State or Federal law. 11 (D) DEFINITIONS.—In this paragraph: 12 (i) COVERED MORTGAGE LOAN.—The 13 term ‘‘covered mortgage loan’’ has the 14 meaning given that term under section 15 4022(a) of the CARES Act. 16 (ii) COVERED PERIOD.—The term 17 ‘‘covered period’’ has the meaning given 18 that term under section 4023(g) of the 19 CARES Act. 20 (iii) MULTIFAMILY MORTGAGE 21 LOAN.—The term ‘‘multifamily mortgage 22 loan’’ has the meaning given that term 23 under section 4023(g) of the CARES Act. 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 61 •HR 7301 IH (iv) SERVICER.—The term 1 ‘‘servicer’’— 2 (I) has the meaning given the 3 term under section 6(i) of the Real 4 Estate Settlement Procedures Act of 5 1974 (12 U.S.C. 2605(i)); and 6 (II) means a master servicer and 7 a subservicer, as such terms are de- 8 fined, respectively, under section 9 1024.31 of title 12, Code of Federal 10 Regulations. 11 (v) SECURITIZATION VEHICLE.—The 12 term ‘‘securitization vehicle’’ has the 13 meaning give that term under section 14 129A(f) of the Truth in Lending Act (15 15 U.S.C. 1639a(f)). 16 (c) BANKRUPTCY PROTECTIONS.— 17 (1) BANKRUPTCY PROTECTIONS FOR FEDERAL 18 CORONAVIRUS RELIEF PAYMENTS.—Section 541(b) 19 of title 11, United States Code, is amended— 20 (A) in paragraph (9), in the matter fol- 21 lowing subparagraph (B), by striking ‘‘or’’; 22 (B) in paragraph (10)(C), by striking the 23 period at the end and inserting ‘‘; or’’; and 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 62 •HR 7301 IH (C) by inserting after paragraph (10) the 1 following: 2 ‘‘(11) payments made under Federal law relat- 3 ing to the national emergency declared by the Presi- 4 dent under the National Emergencies Act (50 5 U.S.C. 1601 et seq.) with respect to the coronavirus 6 disease 2019 (COVID–19).’’. 7 (2) PROTECTION AGAINST DISCRIMINATORY 8 TREATMENT OF HOMEOWNERS IN BANKRUPTCY.— 9 Section 525 of title 11, United States Code, is 10 amended by adding at the end the following: 11 ‘‘(d) A person may not be denied any forbearance, 12 assistance, or loan modification relief made available to 13 borrowers by a mortgage creditor or servicer because the 14 person is or has been a debtor, or has received a discharge, 15 in a case under this title.’’. 16 (3) INCREASING THE HOMESTEAD EXEMP- 17 TION.—Section 522 of title 11, United States Code, 18 is amended— 19 (A) in subsection (d)(1), by striking 20 ‘‘$15,000’’ and inserting ‘‘$100,000’’; and 21 (B) by adding at the end the following: 22 ‘‘(r) Notwithstanding any other provision of applica- 23 ble nonbankruptcy law, a debtor in any State may exempt 24 from property of the estate the property described in sub- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 63 •HR 7301 IH section (d)(1) not to exceed the value in subsection (d)(1) 1 if the exemption for such property permitted by applicable 2 nonbankruptcy law is lower than that amount.’’. 3 (4) EFFECT OF MISSED MORTGAGE PAYMENTS 4 ON DISCHARGE.—Section 1328 of title 11, United 5 States Code, is amended by adding at the end the 6 following: 7 ‘‘(i) A debtor shall not be denied a discharge under 8 this section because, as of the date of discharge, the debtor 9 did not make 6 or fewer payments directly to the holder 10 of a debt secured by real property. 11 ‘‘(j) Notwithstanding subsections (a) and (b), upon 12 the debtor’s request, the court shall grant a discharge of 13 all debts provided for in the plan that are dischargeable 14 under subsection (a) if the debtor— 15 ‘‘(1) has made payments under a confirmed 16 plan for at least 1 year; and 17 ‘‘(2) is experiencing or has experienced a mate- 18 rial financial hardship due, directly or indirectly, to 19 the coronavirus disease 2019 (COVID–19) pan- 20 demic.’’. 21 (5) EXPANDED ELIGIBILITY FOR CHAPTER 22 13.—Section 109(e) of title 11, United States Code, 23 is amended— 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 64 •HR 7301 IH (A) by striking ‘‘$250,000’’ each place the 1 term appears and inserting ‘‘$850,000’’; and 2 (B) by striking ‘‘$750,000’’ each place the 3 term appears and inserting ‘‘$2,600,000’’. 4 (6) EXTENDED CURE PERIOD FOR HOME- 5 OWNERS HARMED BY COVID–19 PANDEMIC.— 6 (A) IN GENERAL.—Chapter 13 of title 11, 7 United States Code, is amended by adding at 8 the end thereof the following: 9 ‘‘§ 1331. Special provisions related to COVID–19 pan- 10 demic 11 ‘‘(a) Notwithstanding subsections (b)(2) and (d) of 12 section 1322, if the debtor is experiencing or has experi- 13 enced a material financial hardship due, directly or indi- 14 rectly, to the coronavirus disease 2019 (COVID–19) pan- 15 demic, a plan may provide for the curing of any default 16 within a reasonable time, not to exceed 7 years after the 17 time that the first payment under the original confirmed 18 plan was due, and maintenance of payments while the case 19 is pending on any unsecured claim or secured claim on 20 which the last payment is due after the expiration of such 21 time. Any such plan provision shall not affect the applica- 22 ble commitment period under section 1325(b). 23 ‘‘(b) For purposes of sections 1328(a) and 1328(b), 24 any cure or maintenance payments under subsection (a) 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 65 •HR 7301 IH that are made after the end of the period during which 1 the plan provides for payments (other than payments 2 under subsection (a)) shall not be treated as payments 3 under the plan. 4 ‘‘(c) Notwithstanding section 1329(c), a plan modi- 5 fied under section 1329 at the debtor’s request may pro- 6 vide for cure or maintenance payments under subsection 7 (a) over a period that is not longer than 7 years after 8 the time that the first payment under the original con- 9 firmed plan was due. 10 ‘‘(d) Notwithstanding section 362(c)(2), during the 11 period after the debtor receives a discharge and the period 12 during which the plan provides for the cure of any default 13 and maintenance of payments under the plan, section 14 362(a) shall apply to the holder of a claim for which a 15 default is cured and payments are maintained under sub- 16 section (a) and to any property securing such claim. 17 ‘‘(e) Notwithstanding section 1301(a)(2), the stay of 18 section 1301(a) terminates upon the granting of a dis- 19 charge under section 1328 with respect to all creditors 20 other than the holder of a claim for which a default is 21 cured and payments are maintained under subsection 22 (a).’’. 23 (B) TABLE OF CONTENTS.—The table of 24 sections of chapter 13, title 11, United States 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 66 •HR 7301 IH Code, is amended by adding at the end thereof 1 the following: 2 ‘‘Sec. 1331. Special provisions related to COVID–19 Pandemic.’’. (C) APPLICATION.—The amendments 3 made by this paragraph shall apply only to any 4 case under title 11, United States Code, com- 5 menced before 3 years after the date of enact- 6 ment of this Act and pending on or commenced 7 after such date of enactment, in which a plan 8 under chapter 13 of title 11, United States 9 Code, was not confirmed before March 27, 10 2020. 11 SEC. 104. LIQUIDITY FOR MORTGAGE SERVICERS AND RESI- 12 DENTIAL RENTAL PROPERTY OWNERS. 13 (a) IN GENERAL.—Section 4003 of the CARES Act 14 (15 U.S.C. 9042), is amended by adding at the end the 15 following: 16 ‘‘(i) LIQUIDITY FOR MORTGAGE SERVICERS.— 17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 18 the Secretary shall ensure that servicers of covered 19 mortgage loans (as defined under section 4022) and 20 multifamily mortgage loans (as defined under sec- 21 tion 4023) are provided the opportunity to partici- 22 pate in the loans, loan guarantees, or other invest- 23 ments made by the Secretary under this section. The 24 Secretary shall ensure that servicers are provided 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 67 •HR 7301 IH with access to such opportunities under equitable 1 terms and conditions regardless of their size. 2 ‘‘(2) MORTGAGE SERVICER ELIGIBILITY.—In 3 order to receive assistance under subsection (b)(4), 4 a mortgage servicer shall— 5 ‘‘(A) demonstrate that the mortgage 6 servicer has established policies and procedures 7 to use such funds only to replace funds used for 8 borrower assistance, including to advance funds 9 as a result of forbearance or other loss mitiga- 10 tion provided to borrowers; 11 ‘‘(B) demonstrate that the mortgage 12 servicer has established policies and procedures 13 to provide forbearance, post-forbearance loss 14 mitigation, and other assistance to borrowers in 15 compliance with the terms of section 4022 or 16 4023, as applicable; 17 ‘‘(C) demonstrate that the mortgage 18 servicer has established policies and procedures 19 to ensure that forbearance and post-forbearance 20 assistance is available to all borrowers in a non- 21 discriminatory fashion and in compliance with 22 the Fair Housing Act, the Equal Credit Oppor- 23 tunity Act, and other applicable fair housing 24 and fair lending laws; and 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 68 •HR 7301 IH ‘‘(D) comply with the limitations on com- 1 pensation set forth in section 4004. 2 ‘‘(3) MORTGAGE SERVICER REQUIREMENTS.—A 3 mortgage servicer receiving assistance under sub- 4 section (b)(4) may not, while the servicer is under 5 any obligation to repay funds provided or guaran- 6 teed under this section— 7 ‘‘(A) pay dividends with respect to the 8 common stock of the mortgage servicer or pur- 9 chase an equity security of the mortgage 10 servicer or any parent company of the mortgage 11 servicer if the security is listed on a national se- 12 curities exchange, except to the extent required 13 under a contractual obligation that is in effect 14 on the date of enactment of this subsection; or 15 ‘‘(B) prepay any debt obligation.’’. 16 (b) CREDIT FACILITY FOR RESIDENTIAL RENTAL 17 PROPERTY OWNERS.— 18 (1) IN GENERAL.—The Board of Governors of 19 the Federal Reserve System shall— 20 (A) establish a facility, using amounts 21 made available under section 4003(b)(4) of the 22 CARES Act (15 U.S.C. 9042(b)(4)), to make 23 long-term, low-cost loans to residential rental 24 property owners as to temporarily compensate 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 69 •HR 7301 IH such owners for documented financial losses 1 caused by reductions in rent payments; and 2 (B) defer such owners’ required payments 3 on such loans until after six months after the 4 date of enactment of this Act. 5 (2) REQUIREMENTS.—A borrower that receives 6 a loan under this subsection may not, for the dura- 7 tion of the loan— 8 (A) evict or initiate the eviction of a tenant 9 solely for nonpayment of rent or other fees or 10 charges; 11 (B) charge any late fees, penalties, or 12 other charges to a tenant for late payment of 13 rent; and 14 (C) with respect to a person or entity de- 15 scribed under paragraph (4), discriminate on 16 the basis of source of income. 17 (3) REPORT ON RESIDENTIAL RENTAL PROP- 18 ERTY OWNERS.—The Board of Governors shall issue 19 a report to the Congress containing the following, 20 with respect to each property owner receiving a loan 21 under this subsection: 22 (A) The number of borrowers that received 23 assistance under this subsection. 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 70 •HR 7301 IH (B) The average total loan amount that 1 each borrower received. 2 (C) The total number of rental units that 3 each borrower owned. 4 (D) The average rent charged by each bor- 5 rower. 6 (4) REPORT ON LARGE RESIDENTIAL RENTAL 7 PROPERTY OWNERS.—The Board of Governors shall 8 issue a report to Congress that identifies any person 9 or entity that in aggregate owns or holds a control- 10 ling interest in any entity that, in aggregate, owns— 11 (A) more than 100 rental units that are lo- 12 cated within in a single Metropolitan Statistical 13 Area; 14 (B) more than 1,000 rental units nation- 15 wide; or 16 (C) rental units in three or more States. 17 (c) AMENDMENTS TO NATIONAL HOUSING ACT.— 18 Section 306(g)(1) of the National Housing Act (12 U.S.C. 19 1721(a)) is amended— 20 (1) in the fifth sentence, by inserting after 21 ‘‘issued’’ the following: ‘‘, subject to any pledge or 22 grant of security interest of the Federal Reserve 23 under section 4003(a) of the CARES Act (Public 24 Law 116–136; 134 Stat. 470; 15 U.S.C. 9042(a)) 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 71 •HR 7301 IH and to any such mortgage or mortgages or any in- 1 terest therein and the proceeds thereon, which the 2 Association may elect to approve’’; and 3 (2) in the sixth sentence— 4 (A) by striking ‘‘or (C)’’ and inserting 5 ‘‘(C)’’; and 6 (B) by inserting before the period the fol- 7 lowing: ‘‘, or (D) its approval and honoring of 8 any pledge or grant of security interest of the 9 Federal Reserve under section 4003(a) of the 10 CARES Act and to any such mortgage or mort- 11 gages or any interest therein and proceeds 12 thereon as’’. 13 SEC. 105. RURAL RENTAL ASSISTANCE. 14 There is authorized to be appropriated for fiscal year 15 2020 $309,000,000 for rural rental assistance, which shall 16 remain available until September 30, 2021, of which— 17 (1) up to $25,000,000 may be used for an addi- 18 tional amount for rural housing vouchers for any 19 low-income households (including those not receiving 20 rental assistance) residing in a property financed 21 with a section 515 loan which has been prepaid after 22 September 30, 2005, or has matured after Sep- 23 tember 30, 2019; and 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 72 •HR 7301 IH (2) the remainder shall be used for an addi- 1 tional amount for rural rental assistance agreements 2 entered into or renewed pursuant to section 3 521(a)(2) of the Housing Act of 1949 (42 U.S.C. 4 1490a(a)(2)) to— 5 (A) supplement the rental assistance of 6 households on whose behalf assistance is being 7 provided; and 8 (B) provide rental assistance on behalf of 9 households who are not being assisted with such 10 rental assistance but who qualify for such as- 11 sistance. 12 SEC. 106. FUNDING FOR PUBLIC HOUSING AND TENANT- 13 BASED RENTAL ASSISTANCE. 14 (a) PUBLIC HOUSING OPERATING FUND.—There is 15 authorized to be appropriated for an additional amount 16 for fiscal year 2020 for the Public Housing Operating 17 Fund under section 9(e) of the United States Housing Act 18 of 1937 (42 U.S.C. 1437g(e)) $2,000,000,000, to remain 19 available until September 30, 2021. 20 (b) TENANT-BASED SECTION 8 RENTAL ASSIST- 21 ANCE.—There is authorized to be appropriated for an ad- 22 ditional amount for fiscal year 2020 for the tenant-based 23 rental assistance under section 8(o) of the United States 24 Housing Act of 1937 (42 U.S.C. 1437f(o)) 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 73 •HR 7301 IH $3,000,000,000, to remain available until September 30, 1 2021, of which not more than $500,000,000 may be used 2 for administrative fees under section 8(q) of such Act (42 3 U.S.C. 1437f(q)). 4 (c) APPLICABILITY OF WAIVERS.—Any waiver or al- 5 ternative requirement made by the Secretary of Housing 6 and Urban Development pursuant to the heading ‘‘Ten- 7 ant-Based Rental Assistance’’ or ‘‘Public Housing Oper- 8 ating Fund’’ in title XII of division B of the CARES Act 9 (Public Law 116–136) shall apply with respect to amounts 10 made available pursuant to this section. 11 SEC. 107. SUPPLEMENTAL FUNDING FOR SUPPORTIVE 12 HOUSING FOR THE ELDERLY, SUPPORTIVE 13 HOUSING FOR PERSONS WITH DISABILITIES, 14 SUPPORTIVE HOUSING FOR PERSONS WITH 15 AIDS, AND PROJECT-BASED SECTION 8 RENT- 16 AL ASSISTANCE. 17 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated $500,000,000 for fiscal year 19 2020 for additional assistance for supportive housing for 20 the elderly, of which— 21 (1) $200,000,000 shall be for rental assistance 22 under section 202 of the Housing Act of 1959 (12 23 U.S.C. 1701q) or section 8 of the United States 24 Housing Act of 1937 (42 U.S.C. 1437f), as appro- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 74 •HR 7301 IH priate, and for hiring additional staff and for serv- 1 ices and costs, including acquiring personal protec- 2 tive equipment, to prevent, prepare for, or respond 3 to the public health emergency relating to 4 Coronavirus Disease 2019 (COVID-19) pandemic; 5 and 6 (2) $300,000,000 shall be for grants under sec- 7 tion 676 of the Housing and Community Develop- 8 ment Act of 1992 (42 U.S.C. 13632) for costs of 9 providing service coordinators for purposes of coordi- 10 nating services to prevent, prepare for, or respond to 11 the public health emergency relating to Coronavirus 12 Disease 2019 (COVID-19). 13 Any provisions of, and waivers and alternative require- 14 ments issued by the Secretary pursuant to, the heading 15 ‘‘Department of Housing and Urban Development—Hous- 16 ing Programs—Housing for the Elderly’’ in title XII of 17 division B of the CARES Act (Public Law 116–136) shall 18 apply with respect to amounts made available pursuant 19 to this subsection. 20 (b) ELIGIBILITY OF SUPPORTIVE HOUSING FOR PER- 21 SONS WITH DISABILITIES.—Subsection (a) of section 676 22 of the Housing and Community Development Act of 1992 23 (42 U.S.C. 13632(a)) shall be applied, for purposes of 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 75 •HR 7301 IH subsection (a) of this section, by substituting ‘‘(G), and 1 (H)’’ for ‘‘ and (G)’’. 2 (c) SERVICE COORDINATORS.— 3 (1) HIRING.—In the hiring of staff using 4 amounts made available pursuant to this section for 5 costs of providing service coordinators, grantees 6 shall consider and hire, at all levels of employment 7 and to the greatest extent possible, a diverse staff, 8 including by race, ethnicity, gender, and disability 9 status. Each grantee shall submit a report to the 10 Secretary of Housing and Urban Development de- 11 scribing compliance with the preceding sentence not 12 later than the expiration of the 120-day period that 13 begins upon the termination of the emergency de- 14 clared on March 13, 2020, by the President under 15 the Robert T. Stafford Disaster Relief and Emer- 16 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 17 ing to the Coronavirus Disease 2019 (COVID-19) 18 pandemic. 19 (2) ONE-TIME GRANTS.—Grants made using 20 amounts made available pursuant to subsection (a) 21 for costs of providing service coordinators shall not 22 be renewable. 23 (3) ONE-YEAR AVAILABILITY.—Any amounts 24 made available pursuant to this section for costs of 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 76 •HR 7301 IH providing service coordinators that are allocated for 1 a grantee and remain unexpended upon the expira- 2 tion of the 12-month period beginning upon such al- 3 location shall be recaptured by the Secretary. 4 (d) FUNDING FOR SUPPORTIVE HOUSING FOR PER- 5 SONS WITH DISABILITIES.—There is authorized to be ap- 6 propriated $200,000,000 for fiscal year 2020 for addi- 7 tional assistance for supportive housing for persons with 8 disabilities under section 811 of the Cranston-Gonzalez 9 National Affordable Housing Act (42 U.S.C. 8013). Any 10 provisions of, and waivers and alternative requirements 11 issued by the Secretary pursuant to, the heading ‘‘Depart- 12 ment of Housing and Urban Development—Housing Pro- 13 grams—Housing for Persons With Disabilities’’ in title 14 XII of division B of the CARES Act (Public Law 116– 15 136) shall apply with respect to amounts made available 16 pursuant to this subsection. 17 (e) FUNDING FOR HOUSING OPPORTUNITIES FOR 18 PEOPLE WITH AIDS PROGRAM.—There is authorized to 19 be appropriated $15,000,000 for fiscal year 2020 for addi- 20 tional assistance for the Housing Opportunities for Per- 21 sons with AIDS program under the AIDS Housing Oppor- 22 tunity Act (42 U.S.C. 12901 et seq.). Any provisions of, 23 and waivers and alternative requirements issued by the 24 Secretary pursuant to, the heading ‘‘Department of Hous- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 77 •HR 7301 IH ing and Urban Development—Community Planning and 1 Development—Housing Opportunities for Persons With 2 AIDS’’ in title XII of division B of the CARES Act (Pub- 3 lic Law 116–136) shall apply with respect to amounts 4 made available pursuant to this subsection. 5 (f) FUNDING FOR PROJECT-BASED SECTION 8 6 RENTAL ASSISTANCE.—There is authorized to be appro- 7 priated $750,000,000 for fiscal year 2020 for additional 8 assistance for project-based rental assistance under sec- 9 tion 8 of the United States Housing Act of 1937 (42 10 U.S.C. 1437f). Any provisions of, and waivers and alter- 11 native requirements issued by the Secretary pursuant to, 12 the heading ‘‘Department of Housing and Urban Develop- 13 ment—Housing Programs—Project-Based Rental Assist- 14 ance’’ in title XII of division B of the CARES Act (Public 15 Law 116–136) shall apply with respect to amounts made 16 available pursuant to this subsection. 17 SEC. 108. FAIR HOUSING. 18 (a) DEFINITION OF COVID–19 EMERGENCY PE- 19 RIOD.— For purposes of this Act, the term ‘‘COVID–19 20 emergency period’’ means the period that begins upon the 21 date of the enactment of this Act and ends upon the date 22 of the termination by the Federal Emergency Manage- 23 ment Agency of the emergency declared on March 13, 24 2020, by the President under the Robert T. Stafford Dis- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 78 •HR 7301 IH aster Relief and Emergency Assistance Act (42 U.S.C. 1 4121 et seq.) relating to the Coronavirus Disease 2019 2 (COVID–19) pandemic. 3 (b) FAIR HOUSING ACTIVITIES.— 4 (1) AUTHORIZATION OF APPROPRIATIONS.—To 5 ensure existing grantees have sufficient resource for 6 fair housing activities and for technology and equip- 7 ment needs to deliver services through use of the 8 Internet or other electronic or virtual means in re- 9 sponse to the public health emergency related to the 10 Coronavirus Disease 2019 (COVID-19) pandemic, 11 there is authorized to be appropriated $4,000,000 12 for Fair Housing Organization Initiative grants 13 through the Fair Housing Initiatives Program under 14 section 561 of the Housing and Community Devel- 15 opment Act of 1987 (42 U.S.C. 3616a). 16 (2) 3-YEAR AVAILABILITY.—Any amounts made 17 available pursuant paragraph (1) that are allocated 18 for a grantee and remain unexpended upon the expi- 19 ration of the 3-year period beginning upon such allo- 20 cation shall be recaptured by the Secretary. 21 (c) FAIR HOUSING EDUCATION.—There is authorized 22 to be appropriated $10,000,000 for the Office of Fair 23 Housing and Equal Opportunity of the Department of 24 Housing and Urban Development to carry out a national 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 79 •HR 7301 IH media campaign and local education and outreach to edu- 1 cate the public of increased housing rights during 2 COVID–19 emergency period, that provides that informa- 3 tion and materials used in such campaign are available— 4 (1) in the languages used by communities with 5 limited English proficiency; and 6 (2) to persons with disabilities. 7 SEC. 109. FUNDING FOR HOUSING COUNSELING SERVICES. 8 (a) CONGRESSIONAL FINDINGS.—The Congress finds 9 that— 10 (1) the spread of Coronavirus Disease 2019 11 (COVID–19), which is now considered a global pan- 12 demic, is expected to negatively impact the incomes 13 of potentially millions of homeowners, renters, indi- 14 viduals experiencing homelessness, and individuals at 15 risk of homelessness, making it difficult for them to 16 pay their mortgages or rents on time; 17 (2) housing counseling is critical to ensuring 18 that homeowners, renters, individuals experiencing 19 homelessness, and individuals at risk of homeless- 20 ness have the resources they need to manage finan- 21 cial hardships from the COVID-19 crisis; 22 (3) loan preservation and foreclosure mitigation 23 services are also critical to address the needs of 24 homeowners who lose employment and income be- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 80 •HR 7301 IH cause of the pandemic and who face serious delin- 1 quency or home loan default, or are in foreclosing 2 proceedings during this period; 3 (4) evaluations from the National Foreclosure 4 Mitigation Counseling program revealed that home- 5 owners at risk of or facing foreclosure are better 6 served when they have access to a housing counselor 7 and a range of tools and resources to help them 8 avoid losing their home and have the support they 9 need to tailor the best possible response to their sit- 10 uation. 11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to the Neighborhood Rein- 13 vestment Corporation (in this section referred to as the 14 ‘‘Corporation’’) established under the Neighborhood Rein- 15 vestment Corporation Act (42 U.S.C. 8101 et seq.) 16 $100,000,000 for fiscal year 2020 for housing counseling 17 services, which shall remain available until September 30, 18 2023. 19 (c) PRIORITIZATION OF HOUSING COUNSELING 20 SERVICES.—Of any grant funds made available pursuant 21 to subsection (b), not less than 40 percent shall be pro- 22 vided to counseling organizations that target counseling 23 services to minority and low-income homeowners, renters, 24 individuals experiencing homelessness, and individuals at 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 81 •HR 7301 IH risk of homelessness or provide such services in neighbor- 1 hoods with high concentrations of minority and low-in- 2 come homeowners, renters, individuals experiencing home- 3 lessness, and individuals at risk of homelessness. 4 (d) ELIGIBLE USES.—Amounts made available pur- 5 suant to subsection (b) may be used in such amounts as 6 the Corporation determines for costs of— 7 (1) public education and outreach; 8 (2) direct services, including the full range of 9 services provided by housing counselors to assist 10 homeowners, including manufactured homeowners, 11 regardless of financing type, renters, individuals ex- 12 periencing homelessness, and individuals at risk of 13 homelessness, including the practices, tools, and in- 14 novations in foreclosure mitigation that were utilized 15 in the National Foreclosure Mitigation Counseling 16 Program, and financial capability, credit counseling, 17 homeless counseling, and rental counseling; 18 (3) equipment and technology, including 19 broadband internet and equipment upgrades needed 20 to ensure timely and effective service delivery; 21 (4) training, including capacitating housing 22 counseling staff in various modes of counseling, in- 23 cluding rental and foreclosure, delivery of remote 24 counseling utilizing improved technology, enhanced 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 82 •HR 7301 IH network security, and supportive options for the de- 1 livery of client services; and 2 (5) administration and oversight of the program 3 in accordance with the Corporation’s rate for pro- 4 gram administration. 5 (e) DISBURSEMENT.—The Corporation shall disburse 6 all grant funds made available pursuant to subsection (b) 7 as expeditiously as possible, through grants to housing 8 counseling intermediaries approved by the Department of 9 Housing and Urban Development, State housing finance 10 agencies, and NeighborWorks organizations. The aggre- 11 gate amount provided to NeighborWorks organizations 12 shall not exceed 15 percent of the total of grant funds 13 made available pursuant to subsection (b). 14 TITLE II—PROTECTING PEOPLE 15 EXPERIENCING HOMELESSNESS 16 SEC. 201. HOMELESS ASSISTANCE FUNDING. 17 (a) EMERGENCY HOMELESS ASSISTANCE.— 18 (1) AUTHORIZATION OF APPROPRIATIONS.— 19 There is authorized to be appropriated under the 20 Emergency Solutions Grants program under subtitle 21 B of title IV of the McKinney-Vento Homeless As- 22 sistance Act (42 U.S.C. 11371 et seq.) 23 $11,500,000,000 for grants under such subtitle in 24 accordance with this subsection to respond to needs 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 83 •HR 7301 IH arising from the public health emergency relating to 1 Coronavirus Disease 2019 (COVID-19). Of such 2 amounts made available, $4,000,000,000 shall be al- 3 located in accordance with sections 413 and 414 of 4 the McKinney-Vento Homeless Assistance Act (42 5 U.S.C. 11372, 11373). 6 (2) FORMULA.—Notwithstanding sections 413 7 and 414 of the McKinney-Vento Homeless Assist- 8 ance Act (42 U.S.C. 11372, 11373), the Secretary 9 of Housing and Urban Development (in this Act re- 10 ferred to as the ‘‘Secretary’’) shall allocate any 11 amounts remaining after amounts are allocated pur- 12 suant to paragraph (1) in accordance with a formula 13 to be established by the Secretary that takes into 14 consideration the following factors: 15 (A) Risk of transmission of coronavirus in 16 a jurisdiction. 17 (B) Whether a jurisdiction has a high 18 number or rate of sheltered and unsheltered 19 homeless individuals and families. 20 (C) Economic and housing market condi- 21 tions in a jurisdiction. 22 (3) ELIGIBLE ACTIVITIES.—In addition to eligi- 23 ble activities under section 415(a) of the McKinney- 24 Vento Homeless Assistance Act (42 U.S.C. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 84 •HR 7301 IH 11374(a), amounts made available pursuant to para- 1 graph (1) may also be used for costs of the following 2 activities: 3 (A) Providing training on infectious dis- 4 ease prevention and mitigation. 5 (B) Providing hazard pay, including for 6 time worked before the effectiveness of this sub- 7 paragraph, for staff working directly to prevent 8 and mitigate the spread of coronavirus or 9 COVID-19 among people experiencing or at 10 risk of homelessness. 11 (C) Reimbursement of costs for eligible ac- 12 tivities (including activities described in this 13 paragraph) relating to preventing, preparing 14 for, or responding to the coronavirus or 15 COVID-19 that were accrued before the date of 16 the enactment of this Act. 17 (D) Notwithstanding 24 CFR 18 576.102(a)(3), providing a hotel or motel 19 voucher for a homeless individual or family. 20 Use of such amounts for activities described in this 21 paragraph shall not be considered use for adminis- 22 trative purposes for purposes of section 418 of the 23 McKinney-Vento Homeless Assistance Act (42 24 U.S.C. 11377). 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 85 •HR 7301 IH (4) INAPPLICABILITY OF PROCUREMENT 1 STANDARDS.—To the extent amounts made available 2 pursuant to paragraph (1) are used to procure goods 3 and services relating to activities to prevent, prepare 4 for, or respond to the coronavirus or COVID-19, the 5 standards and requirements regarding procurement 6 that are otherwise applicable shall not apply. 7 (5) INAPPLICABILITY OF HABITABILITY AND 8 ENVIRONMENTAL REVIEW STANDARDS.—Any Fed- 9 eral standards and requirements regarding habit- 10 ability and environmental review shall not apply with 11 respect to any emergency shelter that is assisted 12 with amounts made available pursuant to paragraph 13 (1) and has been determined by a State or local 14 health official, in accordance with such requirements 15 as the Secretary shall establish, to be necessary to 16 prevent and mitigate the spread of coronavirus or 17 COVID-19, such shelters. 18 (6) INAPPLICABILITY OF CAP ON EMERGENCY 19 SHELTER ACTIVITIES.—Subsection (b) of section 20 415 of the McKinney-Vento Homeless Assistance 21 Act shall not apply to any amounts made available 22 pursuant to paragraph (1) of this subsection. 23 (7) INITIAL ALLOCATION OF ASSISTANCE.—Sec- 24 tion 417(b) of the McKinney-Vento Homeless Assist- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 86 •HR 7301 IH ance Act (42 U.S.C. 11376(b)) shall be applied with 1 respect to amounts made available pursuant to para- 2 graph (1) of this subsection by substituting ‘‘30- 3 day’’ for ‘‘60-day’’. 4 (8) WAIVERS AND ALTERNATIVE REQUIRE- 5 MENTS.— 6 (A) AUTHORITY.—In administering 7 amounts made available pursuant to paragraph 8 (1), the Secretary may waive, or specify alter- 9 native requirements for, any provision of any 10 statute or regulation (except for any require- 11 ments related to fair housing, nondiscrimina- 12 tion, labor standards, and the environment) 13 that the Secretary administers in connection 14 with the obligation or use by the recipient of 15 such amounts, if the Secretary finds that good 16 cause exists for the waiver or alternative re- 17 quirement and such waiver or alternative re- 18 quirement is consistent with the purposes de- 19 scribed in this subsection. 20 (B) NOTIFICATION.—The Secretary shall 21 notify the public through the Federal Register 22 or other appropriate means 5 days before the 23 effective date of any such waiver or alternative 24 requirement, and any such public notice may be 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 87 •HR 7301 IH provided on the Internet at the appropriate 1 Government web site or through other elec- 2 tronic media, as determined by the Secretary. 3 (C) EXEMPTION.—The use of amounts 4 made available pursuant to paragraph (1) shall 5 not be subject to the consultation, citizen par- 6 ticipation, or match requirements that other- 7 wise apply to the Emergency Solutions Grants 8 program, except that a recipient shall publish 9 how it has and will utilize its allocation at a 10 minimum on the Internet at the appropriate 11 Government web site or through other elec- 12 tronic media. 13 (9) INAPPLICABILITY OF MATCHING REQUIRE- 14 MENT.—Subsection (a) of section 416 of the McKin- 15 ney-Vento Homeless Assistance Act (42 U.S.C. 16 11375(a)) shall not apply to any amounts made 17 available pursuant to paragraph (1) of this sub- 18 section. 19 (10) PROHIBITION ON PREREQUISITES.—None 20 of the funds authorized under this subsection may 21 be used to require people experiencing homelessness 22 to receive treatment or perform any other pre- 23 requisite activities as a condition for receiving shel- 24 ter, housing, or other services. 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 88 •HR 7301 IH (b) CONTINUUM OF CARE PROGRAM.—Due to the 1 emergency relating to the Coronavirus Disease 2019 2 (COVID-19) pandemic, the Notice of Funding Availability 3 (NOFA) for fiscal year 2020 for the Continuum of Care 4 program under subtitle C of title IV of the McKinney- 5 Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 6 shall have no force or effect and the Secretary of Housing 7 and Urban Development shall distribute amounts made 8 available for such fiscal year for such program based on 9 the results of the competition for amounts made available 10 for such program for fiscal year 2019 (FR-6300-–25), ex- 11 cept that grant amounts may be adjusted to account for 12 changes in fair market rents. 13 SEC. 202. EMERGENCY RENTAL ASSISTANCE VOUCHER 14 PROGRAM. 15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated to the Secretary of Housing 17 and Urban Development (in this section referred to as the 18 ‘‘Secretary’’), $1,000,000,000 for fiscal year 2020, to re- 19 main available until expended, for incremental emergency 20 vouchers under subsection (b). 21 (b) EMERGENCY VOUCHERS.— 22 (1) IN GENERAL.—The Secretary shall provide 23 emergency rental assistance vouchers under this sub- 24 section, which shall be tenant-based rental assistance 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 89 •HR 7301 IH under section 8(o) the United States Housing Act of 1 1937 (42 U.S.C. 1437f(o)). 2 (2) SELECTION OF FAMILIES.— 3 (A) MANDATORY PREFERENCES.—Each 4 public housing agency administering assistance 5 under this section shall provide preference for 6 such assistance to eligible families that are— 7 (i) homeless (as such term is defined 8 in section 103(a) of the McKinney-Vento 9 Homeless Assistance Act (42 U.S.C. 10 11302(a)); 11 (ii) at risk of homelessness (as such 12 term is defined in section 401 of the 13 McKinney-Vento Homeless Assistance Act 14 (42 U.S.C. 11360); or 15 (iii) fleeing, or attempting to flee, do- 16 mestic violence, dating violence, sexual as- 17 sault, or stalking. 18 (B) ALLOCATION.—In allocating amounts 19 made available under this section, the Secretary 20 shall— 21 (i) not later than 60 days after the 22 date of the enactment of this Act, allocate 23 at least 50 percent of such amounts to 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 90 •HR 7301 IH public housing agencies in accordance with 1 a formula that considers— 2 (I) the capability of public hous- 3 ing agencies to promptly use emer- 4 gency vouchers provided under this 5 section; and 6 (II) the need for emergency 7 vouchers provided under this section 8 in the geographical area, based on 9 factors determined by the Secretary, 10 including risk of transmission of 11 coronavirus, high numbers or rates of 12 sheltered and unsheltered homeless- 13 ness, and economic and housing mar- 14 ket conditions; 15 (ii) allocate remaining amounts in ac- 16 cordance with a formula that considers— 17 (I) the criteria under clause (i) 18 and the success of a public housing 19 agency in promptly utilizing vouchers 20 awarded under clause (i); and 21 (II) the capability of the public 22 housing agency to create and manage 23 structured partnerships with service 24 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 91 •HR 7301 IH providers for the delivery of appro- 1 priate community-based services; and 2 (iii) designate the number of vouchers 3 under this section that each public housing 4 agency that is awarded funds under this 5 section is authorized to administer. 6 (C) ELECTION NOT TO ADMINISTER.—If a 7 public housing agency elects not to administer 8 amounts under this section, the Secretary shall 9 award such amounts to other public housing 10 agencies according to the criteria in subpara- 11 graph (B). 12 (D) FAILURE TO USE VOUCHERS PROMPT- 13 LY.—If a public housing agency fails to issue 14 all of its authorized vouchers under this section 15 on behalf of eligible families within a reasonable 16 period of time as determined by the Secretary, 17 the Secretary shall reallocate any unissued 18 vouchers and associated funds to others public 19 housing agencies according to the criteria under 20 subparagraph (B)(ii). 21 (3) WAIVERS AND ALTERNATIVE REQUIRE- 22 MENTS.—Any waiver or alternative requirement that 23 the Secretary makes available to all public housing 24 agencies in connection with assistance made avail- 25 VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS 92 •HR 7301 IH able under the heading ‘‘Tenant-Based Rental As- 1 sistance’’ in title XII of division B of the CARES 2 Act (Public Law 116–136; 134 Stat.601) shall apply 3 to assistance under this section until the expiration 4 of such waiver or alternative requirement. 5 (4) TERMINATION OF VOUCHERS UPON TURN- 6 OVER.— 7 (A) IN GENERAL.—A public housing agen- 8 cy may not reissue any vouchers made available 9 under this section when assistance for the fam- 10 ily initially assisted is terminated. 11 (B) REALLOCATION.—Upon termination of 12 assistance for one or more families assisted by 13 a public housing agency under this section, the 14 Secretary shall reallocate amounts that are no 15 longer needed by such public housing agency 16 for assistance under this section to another 17 public housing agency for the renewal of vouch- 18 ers previously authorized under this section. 19 Æ VerDate Sep 11 2014 00:33 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6301 E:\BILLS\H7301.IH H7301 pbinns on DSKJLVW7X2PROD with BILLS
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