[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 381 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 381
To provide the Secretary of Housing and Urban Development the authority
to establish programs that serve intergenerational families, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2003
Ms. Landrieu (for herself, Mr. DeWine, Ms. Stabenow, Mr. Breaux, and
Ms. Collins) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide the Secretary of Housing and Urban Development the authority
to establish programs that serve intergenerational families, and for
other purposes.
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 of 2003'' commonly known as the ``LEGACY
Act of 2003''.
SEC. 2. DEFINITIONS.
In 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) Elderly person.--The term ``elderly person'' has the
same meaning as in section 202(k) of the Housing Act of 1959
(12 U.S.C. 1701q(k)).
(4) Grandparent.--
(A) In general.--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.
(B) Case of adoption.--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.
(5) Intergenerational dwelling unit.--The term
``intergenerational dwelling unit'' means a qualified dwelling
unit that is reserved for occupancy only by an
intergenerational family.
(6) Intergenerational family.--The term ``intergenerational
family'' means a covered family that has a head of household
who is an elderly person.
(7) Private nonprofit organization.--The term ``private
nonprofit organization'' has the same meaning given that term
in section 202(k) of the Housing Act of 1959 (12 U.S.C.
1701q(k)).
(8) Qualified dwelling unit.--The term ``qualified dwelling
unit'' means a dwelling unit that--
(A) has not fewer than 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, as
needed.
(9) 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.
(10) Relative.--
(A) In general.--The term ``relative'' means, with
respect to a child, an individual who--
(i) is not a parent of the child by blood
or marriage; and
(ii) is a relative of the child by blood or
marriage, regardless of the age of the
individual.
(B) Case of adoption.--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.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL
FAMILIES.
(a) Demonstration Program.--The Secretary shall carry out a
demonstration program (referred to in this section as the
``demonstration program'') to provide assistance for 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.--The Secretary shall provide
assistance under this section to private nonprofit organizations 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 section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(2) through development of buildings or projects comprised
solely of intergenerational dwelling units; or
(3) through the development of an annex or addition to an
existing project assisted under section 202 of the Housing Act
of 1959 (12 U.S.C. 1701q), that 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 that section 202
or any provision of that section restricting occupancy to
elderly persons, any intergenerational dwelling unit assisted
under the demonstration program may be occupied by an
intergenerational family;
(2) subsections (e) and (f) of that section 202 shall not
apply;
(3) in addition to the requirements under subsection (g) of
that section 202, the Secretary shall--
(A) ensure that occupants of intergenerational
dwelling units assisted under the demonstration program
are provided a range of services that are tailored to
meet the needs of elderly persons, children, and
intergenerational families; and
(B) 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
that section 202 necessary to provide for assistance under the
demonstration program.
(d) Selection.--The Secretary shall--
(1) establish application procedures for private nonprofit
organizations to apply for assistance under this section; and
(2) to the extent that amounts are made available pursuant
to subsection (f), select not less than 2 and not more than 4
projects that are assisted under section 202 of the Housing Act
of 1959 (12 U.S.C. 1701q) for assistance under this section,
based on the ability of the applicant to develop and operate
intergenerational dwelling units and national geographical
diversity among those projects funded.
(e) Report.--Not later than 36 months after the date of enactment
of this Act, the Secretary shall submit a report to Congress that--
(1) describes the demonstration program; and
(2) analyzes the effectiveness of the demonstration
program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section.
(g) Sunset.--The demonstration program carried out under this
section shall terminate 5 years after the date of enactment of this
Act.
SEC. 4. DEMONSTRATION PROGRAM FOR RENTAL ASSISTANCE FOR GRANDPARENT-
HEADED OR RELATIVE-HEADED FAMILIES.
(a) In General.--The Secretary shall carry out a demonstration
program (referred to in this section as the ``demonstration program'')
to provide 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) available to public housing agencies selected to participate in the
demonstration program for use only for assistance on behalf of covered
families renting qualified dwelling units.
(c) Services.--The Secretary shall--
(1) require any public housing agency participating in the
demonstration program to ensure that families receiving rental
assistance pursuant to this section are provided with
supportive services that are tailored to the needs of children
and covered families; and
(2) coordinate with the heads of other Federal agencies as
may be appropriate to ensure the provision of such services.
(d) Selection.--The Secretary shall--
(1) establish application procedures for public housing
agencies to apply to participate in the demonstration program;
and
(2) to the extent that amounts are made available pursuant
to subsection (f), select not less than 2 and not more than 4
agencies for participation in the demonstration program, based
on the ability of the applicant to provide assistance and
services under the demonstration program and national
geographical diversity among agencies participating in the
demonstration program.
(e) Report.--Not later than 36 months after the date of enactment
of this Act, the Secretary shall submit a report to Congress that--
(1) describes the demonstration program; and
(2) analyzes the effectiveness of the demonstration
program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section.
(g) Sunset.--The demonstration program carried out under this
section shall terminate 5 years after the date of enactment of this
Act.
SEC. 5. 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 ``of (A) any family (i) who'' and
inserting the following: ``of--
``(A) any family--
``(i) who'';
(C) by striking ``assistance, and (ii) who'' and
inserting the following: ``assistance; and
``(ii) who'';
(D) by striking ``care and (B) for'' and inserting
the following: ``care;
``(B) for''; and
(E) by striking ``older.'' and inserting the
following: ``older; or
``(C) a covered family (as that term is defined in
section 2 of the LEGACY Act of 2003), who is otherwise
eligible for such assistance, for rental of a qualified
dwelling unit (as that term is defined in section 2 of
the LEGACY Act of 2003).''; and
(2) in paragraph (3)--
(A) by striking ``The'' and inserting the
following:
``(A) In general.--The'';
(B) by striking ``To'' and inserting the following:
``(B) Required submission.--To'';
(C) by striking ``containing a report'' and
inserting the following: ``containing--
``(i) a report''; and
(D) by striking ``subsection.'' and inserting the
following: ``subsection; or
``(ii) a description of the need for
assistance under this subsection for covered
families (as that term is defined in section 2
of the LEGACY Act of 2003).''.
SEC. 6. 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--
(1) by striking ``includes manufactured'' and inserting the
following: ``includes--
``(A) manufactured''; and
(2) by inserting before the period at the end the
following: ``; and
``(B) 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 (as that term is defined in section 2
of the LEGACY Act of 2003), and facilitate the
habitation of covered families as a single family
unit''.
SEC. 7. 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:
``(3) education, outreach, counseling, and assistance
programs designed--
``(A) to inform covered families (as that term is
defined in section 2 of the LEGACY Act of 2003) of
affordable housing opportunities and services; and
``(B) to assist in obtaining those opportunities
and services.''; and
(2) in subsection (d), by adding at the end the following:
``(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. 8. 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:
``(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 housing assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or
the supportive housing program under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q), and an appropriate number of personnel in the
headquarters office of the Department who have responsibilities for
those programs, have received adequate training regarding the
particular needs and problems of covered families (as that term is
defined in section 2 of the LEGACY Act of 2003), including appropriate
affordable housing opportunities and legal custody issues.''.
SEC. 9. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE-
HEADED FAMILIES.
(a) In General.--The Secretary and the Director of the Bureau of
the Census jointly shall--
(1) conduct a study to determine an estimate of the number
of covered families in the United States and their affordable
housing needs; and
(2) submit a report to Congress regarding the results of
the study conducted under paragraph (1).
(b) Report and Recommendations.--The report required under
subsection (a) shall--
(1) be submitted to Congress not later than 12 months after
the date of enactment of this Act; and
(2) include recommendations by the Secretary and the
Director of the Bureau of the Census 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
(42 U.S.C. 1437 et seq.) and the supportive housing for the
elderly program under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q) can be used and, if appropriate, amended or
altered, to meet the affordable housing needs of covered
families.
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