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HR 2628 IH

To provide affordable housing opportunities for families that are headed by grandparents and other relatives of children.

June 26, 2003

Mr. CAPUANO (for himself, Mr. QUINN, Mr. ABERCROMBIE, Mr. REYES, Ms. LEE, Mr. GRIJALVA, Mr. LEWIS of Kentucky, Ms. SCHAKOWSKY, Mr. RANGEL, Mr. HINCHEY, Ms. MILLENDER-MCDONALD, Mr. OWENS, and Mr. LANTOS) introduced the following bill; which was referred to the Committee on Financial Services

To provide affordable housing opportunities for families that are headed by grandparents and other relatives of children.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Living Equitably: Grandparents Aiding Children and Youth Act'.

SEC. 2. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL FAMILIES.

(a) IN GENERAL- The Secretary of Housing and Urban Development shall carry out a demonstration program to determine the feasibility of providing intergenerational dwelling units for intergenerational families in connection with the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q).

(b) INTERGENERATIONAL DWELLING UNITS- Under the demonstration program, the Secretary shall provide assistance under this section to private nonprofit organizations (as such term is defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)) for use only for expanding the supply of intergenerational dwelling units, which units shall be provided--

(1) by designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under such section 202;

(2) through development of buildings or projects comprised solely of intergenerational dwelling units; or

(3) through the development of an annex or addition to such an existing project assisted under such section 202, which contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier-free, energy-efficient, removable dwelling units located adjacent to a larger project or dwelling.

(c) PROGRAM TERMS- Assistance provided pursuant to this section shall be subject to the provisions of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except that--

(1) notwithstanding subsection (d)(1) of such section or any provision of such section restricting occupancy to elderly persons, any intergenerational dwelling unit assisted under the demonstration program may be occupied as provided in subsection (e)(2) of this section;

(2) subsections (e) and (f) of such section 202 (relating to applications and selection criteria) shall not apply;

(3) in addition to the requirements under subsection (g) of such section 202, the Secretary of Housing and Urban Development shall ensure that occupants of dwelling units assisted under the demonstration program are provided a range of services tailored to the needs of elderly persons, children, and intergenerational families and shall coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services; and

(4) the Secretary may waive or alter any other provision of such section 202 necessary to provide for assistance under the demonstration program under this section.

(d) SELECTION- The Secretary of Housing and Urban Development shall provide for private nonprofit organizations to submit applications for assistance under this section and, during the period consisting of fiscal years 2004 through 2007 shall, to the extent amounts are available pursuant to subsection (g), select not less than 2 and not more than 4 projects assisted under section 202 of the Housing Act of 1959 for such assistance based on the ability of the applicant to develop and operate intergenerational dwelling units and national geographical diversity among projects funded.

(e) DEFINITIONS- For purposes of this section:

(1) ELDERLY PERSON- The term `elderly person' has the meaning given such term in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).

(2) INTERGENERATIONAL DWELLING UNIT- The term `intergenerational dwelling unit' means a qualified dwelling unit (as such term is defined in section 9 of this Act) that is reserved for occupancy only by an intergenerational family.

(3) INTERGENERATIONAL FAMILY- The term `intergenerational family' means a covered family (as such term is defined in section 9 of this Act) that has a head of household who is an elderly person.

(f) REPORT- Not later than 36 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress describing the demonstration program under this section and analyzing the effectiveness of the program.

(g) FUNDING- Of any amounts made available for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for each of fiscal years 2004 through 2007, the Secretary of Housing and Urban Development shall reserve amounts in such fiscal years as may be necessary to fund the demonstration projects selected under subsection (d). Such amounts shall be available for use only for providing assistance under this section.

SEC. 3. DEMONSTRATION PROGRAM FOR RENTAL ASSISTANCE FOR GRANDPARENT-HEADED OR RELATIVE-HEADED FAMILIES.

(a) IN GENERAL- The Secretary of Housing and Urban Development shall carry out a demonstration program to determine the feasibility of providing rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the rental of suitable dwelling units by covered families.

(b) ELIGIBLE UNITS- Under the demonstration program, the Secretary shall make rental assistance amounts reserved pursuant to subsection (f) of this section available to public housing agencies selected to participate in the program for use only for assistance on behalf of covered families renting qualified dwelling units. Such a public housing agency may not initially provide voucher assistance under this section for any family after the end of fiscal year 2007.

(c) SERVICES- The Secretary of Housing and Urban Development shall require any public housing agency participating in the demonstration program under this section to provide, to covered families receiving rental assistance pursuant to the program, supportive services that are tailored to the needs of children and covered families. The Secretary shall coordinate with the heads of other Federal agencies as may be appropriate to assist in ensuring the provision of such services

(d) SELECTION- The Secretary of Housing and Urban Development shall provide for public housing agencies to apply to participate in the demonstration program under this section and, during the period consisting of fiscal years 2004 through 2007 shall, to the extent amounts are available pursuant to subsection (f), select not less than two and not more than four agencies for such participation based on the ability of the applicant to provide assistance and services under the program and national geographical diversity among agencies participating in the program.

(e) REPORT- Not later than 36 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress describing the demonstration program under this section and analyzing the effectiveness of the program.

(f) FUNDING- Of any amounts made available for voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for fiscal year 2004 and fiscal years thereafter, the Secretary of Housing and Urban Development shall reserve such amounts in such fiscal years as may be necessary to provide voucher assistance for the agencies selected under subsection (d) for use only for providing assistance under this section.

SEC. 4. ELIGIBILITY OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES FOR FAMILY UNIFICATION ASSISTANCE.

Section 8(x) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)) is amended--

(1) in paragraph (2)--

(A) by striking `section 8' and inserting `this section';

(B) by striking `and' before `(B)' and inserting a comma; and

(C) by inserting before the period at the end the following: `, or (C) a covered family (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act), who is otherwise eligible for such assistance, for rental of a qualified dwelling unit (as such term is defined in such section 9)'; and

(2) in the second sentence of paragraph (3)--

(A) by striking `containing' and inserting `, which shall contain, to the extent appropriate (based on the proposed use for the amounts made available under this subsection) (A)'; and

(B) by inserting before the period at the end the following: `, and (B) a description of the need for assistance under this subsection for covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act)'.

SEC. 5. ELIGIBILITY OF HOME PROGRAM ECHO UNITS FOR USE FOR GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES.

Section 104(8) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(8)) is amended by adding at the end the following new sentence: `Such term also includes cottage housing opportunity units that are installed adjacent to existing 1- to 4-family dwellings, are occupied by children who are members of covered families, and facilitate the habitation of covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act) as a single family unit.'.

SEC. 6. ASSISTANCE UNDER FAIR HOUSING INITIATIVES PROGRAM FOR EDUCATION AND OUTREACH REGARDING HOUSING OPPORTUNITIES FOR GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES.

Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended--

(1) in subsection (a)--

(A) in paragraph (1), by striking `and' at the end;

(B) in paragraph (2), by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following new paragraph:

`(3) education, outreach, counseling, and assistance programs designed to inform covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act) of affordable housing opportunities and services and to assist in obtaining such opportunities and services.'; and

(2) in subsection (d), by adding at the end the following new paragraph:

`(4) HOUSING PROGRAMS FOR GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES- The Secretary shall provide funding to State and local governments and public and nonprofit organizations and institutions to carry out the activities under subsection (a)(3).'.

SEC. 7. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES ISSUES.

Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by adding at the end the following new subsection:

`(t) TRAINING REGARDING ISSUES RELATING TO GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES- The Secretary shall ensure that all personnel employed in field offices of the Department who have responsibilities for administering the program under section 8 of the United States Housing Act of 1937 or under section 202 of the Housing Act of 1959, and an appropriate number of personnel in the headquarters office of the Department who have responsibilities for such programs, have received adequate training regarding the particular needs and problems of covered families (as such term is defined in section 9 of the Living Equitably: Grandparents Aiding Children and Youth Act), including appropriate affordable housing opportunities and legal custody issues.'.

SEC. 8. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES.

(a) IN GENERAL- The Secretary of Housing and Urban Development and the Bureau of the Census shall jointly conduct a study to determine an estimate of the number of covered families in the United States and their affordable housing needs and shall submit a report to the Congress regarding the results of the study.

(b) REPORT AND RECOMMENDATIONS- The report required under subsection (a) shall be submitted to the Congress not later than 12 months after the date of the enactment of this Act. The report shall include recommendations by the Secretary of Housing and Urban Development regarding how the major assisted housing programs of the Department of Housing and Urban Development (including the rental assistance and public housing programs under the United States Housing Act of 1937 and the supportive housing for the elderly program under section 202 of the Housing Act of 1959) can be used and, if appropriate, amended or altered, to meet the affordable housing needs of covered families.

SEC. 9. DEFINITIONS.

For purposes of this Act:

(1) CHILD- The term `child' means an individual who--

(A) is not attending school and is not more than 18 years of age; or

(B) is attending school and is not more than 19 years of age.

(2) COVERED FAMILY- The term `covered family' means a family that--

(A) includes a child; and

(B) has a head of household who is--

(i) a grandparent of the child who is raising the child; or

(ii) a relative of the child who is raising the child.

(3) GRANDPARENT- The term `grandparent' means, with respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual. In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted.

(4) QUALIFIED DWELLING UNIT- The term `qualified dwelling unit' means a dwelling unit that--

(A) has at least 2 separate bedrooms;

(B) is equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and

(C) is equipped with design features appropriate to meet the special physical needs of young children.

(5) RAISING A CHILD- The term `raising a child' means, with respect to an individual, that the individual--

(A) resides with the child; and

(B) is the primary caregiver for the child--

(i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and

(ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child.

(6) RELATIVE- The term `relative' means, with respect to a child, an individual who--

(A) is not a parent of the child by blood or marriage; and

(B) is a relative of the child by blood or marriage, regardless of the age of the individual.

In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a relative of the family who adopted the child.

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