[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2628 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2628

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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

_______________________________________________________________________

                                 A BILL


 
   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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