[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1638 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1638

 To provide priority under certain federally assisted housing programs 
   to assist youths who are aging out of foster care, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2017

 Mr. Grassley (for himself, Ms. Stabenow, Mr. Franken, Mr. Kaine, Mr. 
  King, and Mr. Scott) introduced the following bill; which was read 
  twice and referred to the Committee on Banking, Housing, and Urban 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide priority under certain federally assisted housing programs 
   to assist youths who are aging out of foster care, 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 ``Fostering Stable Housing 
Opportunities Act of 2017''.

SEC. 2. DEFINITION OF FAMILY.

    Section 3(b)(3)(A) of the United States Housing Act of 1937 (42 
U.S.C. 1437a(b)(3)(A)) is amended--
            (1) in the first sentence--
                    (A) by striking ``(v)'' and inserting ``(vi)''; and
                    (B) by inserting after ``tenant family,'' the 
                following: ``(v) a child who is in foster care and has 
                attained an age such that the provision of foster care 
                for the child will end by reason of the age of the 
                child within 6 months,''; and
            (2) in the second sentence, by inserting ``or (vi)'' after 
        ``clause (v)''.

SEC. 3. PRIORITY FOR PUBLIC HOUSING OCCUPANCY AND SECTION 8 ASSISTANCE.

    (a) Public Housing.--Section 6(c)(4)(A) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is amended--
            (1) by striking ``this subparagraph'' and inserting ``this 
        clause''; and
            (2) by striking the subparagraph designation and all that 
        follows through ``making dwelling units available'' and 
        inserting the following:
                    ``(A) making dwelling units in public housing 
                available for occupancy, which shall provide that--
                            ``(i) except for projects or portions of 
                        projects designated for occupancy pursuant to 
                        section 7(a), preference shall be given to 
                        otherwise eligible children who are in foster 
                        care, have attained an age such that the 
                        provision of foster care for the child will end 
                        by reason of the age of the child within 6 
                        months, meet the requirements under clauses (i) 
                        and (ii) of paragraph (1) of the definition of 
                        the term `at risk of homelessness' in section 
                        91.5 of title 24, Code of Federal Regulations, 
                        as in effect on September 1, 2016, and have 
                        agreed to comply with the requirements under 
                        section 38(c); and
                            ``(ii) the public housing agency may 
                        establish a system for making dwelling units 
                        that are not occupied pursuant to the 
                        preference under clause (i) available''.
    (b) Project-Based Section 8 Rental Assistance.--Section 8(d)(1)(A) 
of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is 
amended--
            (1) by striking ``except that with respect'' and inserting 
        the following: ``except that--
                            ``(i) in the case of assisted dwelling 
                        units in a project assisted with project-based 
                        assistance under this section, the tenant 
                        selection criteria used by the owner shall give 
                        preference to otherwise eligible children who 
                        are in foster care, have attained an age such 
                        that the provision of foster care for the child 
                        will end by reason of the age of the child 
                        within 6 months, meet the requirements under 
                        clauses (i) and (ii) of paragraph (1) of the 
                        definition of the term `at risk of 
                        homelessness' in section 91.5 of title 24, Code 
                        of Federal Regulations, as in effect on 
                        September 1, 2016, and have agreed to comply 
                        with the requirements under section 38(c); and
                            ``(ii) with respect''; and
            (2) by inserting ``after preference is provided pursuant to 
        clause (i)'' after ``to be assisted''.
    (c) Voucher Assistance.--Section 8(o)(6)(A) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)) is amended--
            (1) by redesignating clauses (i) and (ii) as clauses (ii) 
        and (iii), respectively;
            (2) by inserting before clause (ii), as so redesignated, 
        the following:
                            ``(i) Children aging out of foster care.--
                        In making tenant-based assistance under this 
                        subsection available on behalf of eligible 
                        families, each public housing agency shall give 
                        preference to otherwise eligible children who 
                        are in foster care, have attained an age such 
                        that the provision of foster care for the child 
                        will end by reason of the age of the child 
                        within 6 months, meet the requirements under 
                        clauses (i) and (ii) of paragraph (1) of the 
                        definition of the term `at risk of 
                        homelessness' in section 91.5 of title 24, Code 
                        of Federal Regulations, as in effect on 
                        September 1, 2016, and have agreed to comply 
                        with the requirements under section 38(c).'';
            (3) in clause (ii), as so redesignated, by inserting ``that 
        is not made available in accordance with the preference under 
        clause (i)'' after ``under this subsection''; and
            (4) in clause (iii), as so redesignated, by striking ``this 
        subparagraph'' and inserting ``clause (ii)''.
    (d) PHA Project-Based Voucher Assistance.--Section 8(o)(13)(J) of 
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(J)) is 
amended--
            (1) in the first sentence, by inserting before the period 
        at the end the following: ``, except that the agency shall give 
        preference to otherwise eligible children who are in foster 
        care, have attained an age such that the provision of foster 
        care for the child will end by reason of the age of the child 
        within 6 months, meet the requirements under clauses (i) and 
        (ii) of paragraph (1) of the definition of the term `at risk of 
        homelessness' in section 91.5 of title 24, Code of Federal 
        Regulations, as in effect on September 1, 2016, and have agreed 
        to comply with the requirements under section 38(c)''; and
            (2) in the third sentence, by striking ``The agency'' and 
        inserting the following: ``For units that are made available 
        after preference is provided pursuant to the first sentence of 
        this subparagraph, the agency''.
    (e) Terms and Conditions on Priority.--Title I of the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at 
the end the following:

``SEC. 38. TERMS AND CONDITIONS ON PREFERENCE FOR ASSISTANCE FOR 
              CHILDREN AGING OUT OF FOSTER CARE.

    ``(a) Preference.--In this section, the term `preference for 
housing assistance' means preference, for an otherwise eligible child 
in foster care, for--
            ``(1) occupancy in a public housing dwelling unit, pursuant 
        to section 6(c)(4)(A)(i);
            ``(2) occupancy in a dwelling unit in a project assisted 
        with project-based assistance under section 8, pursuant to 
        subsection (d)(1)(A)(i) of such section;
            ``(3) tenant-based assistance under section 8(o), pursuant 
        to paragraph (6)(A)(i) of such section; and
            ``(4) project-based assistance under section 8(o)(13), 
        pursuant to subparagraph (J) of such section.
    ``(b) Early Application for Assistance.--Notwithstanding the period 
during which a preference for housing assistance is provided for a 
person, an otherwise eligible person may apply for such occupancy or 
assistance at any time after the person attains 16 years of age.
    ``(c) Requirement for Employment, Education, or Training.--
            ``(1) In general.--Except as provided in paragraph (3), 
        each person occupying a dwelling unit pursuant to a preference 
        for housing assistance shall be, not later than 12 months after 
        the initial occupancy and for not less than 9 months of each 
        successive 12-month period thereafter--
                    ``(A) employed on average at least 35 hours of 
                service per week;
                    ``(B) engaged in vocational, technical, or 
                workforce development training or in an apprenticeship, 
                on a full-time basis, as classified by a vocational, 
                technical, or workforce development training 
                institution or entity;
                    ``(C) enrolled in a secondary school, an 
                institution of higher education, or other institution 
                providing post-secondary education, on a full-time 
                basis, as classified by an educational institution; or
                    ``(D) engaged in a combination of activities 
                described in subparagraphs (A), (B), and (C) to such an 
                extent that, in the aggregate, the engagement is on a 
                full-time basis.
            ``(2) Verification.--The Secretary shall require a public 
        housing agency or project owner, as applicable, to annually 
        verify compliance with the requirement under paragraph (1) by 
        each person occupying a dwelling unit assisted or administered 
        by the agency or owner, as applicable, pursuant to a preference 
        for housing assistance in conjunction with reviews of income 
        for purposes of determining eligibility for assistance 
        described in subsection (a).
            ``(3) Exceptions.--The requirement under paragraph (1) 
        shall not apply to--
                    ``(A) a person physically or mentally unfit for 
                employment, as determined in accordance with such 
                standards as the Secretary shall establish;
                    ``(B) a parent or other household member 
                responsible for the care of a dependent child under 6 
                or an incapacitated person; and
                    ``(C) a person who is regularly and actively 
                participating in a drug addiction or alcoholic 
                treatment and rehabilitation program.
    ``(d) Limitation on Bedrooms.--A dwelling unit that is occupied by 
a person, or assisted with assistance made available on behalf of a 
person, pursuant to a preference for housing assistance may contain 
more than 1 bedroom only if each additional bedroom is occupied only by 
other persons who occupy the dwelling unit, or receive assistance made 
available, pursuant to a preference for housing assistance.
    ``(e) Termination of Assistance.--
            ``(1) In general.--A public housing agency or project 
        owner, as applicable, shall terminate any occupancy of, or 
        assistance on behalf of, a person pursuant to any preference 
        for housing assistance upon the person attaining 25 years of 
        age or upon substantial noncompliance with the requirement 
        under subsection (c)(1).
            ``(2) Rule of construction.--Nothing in paragraph (1) may 
        be construed to prohibit or affect the eligibility of any 
        person for occupancy of housing assisted under this title or 
        rental assistance under section 8 that is provided other than 
        pursuant to a preference for housing assistance.''.

SEC. 4. PRIORITY FOR RURAL RENTAL ASSISTANCE.

    Section 521(a)(2) of the Housing Act of 1949 (42 U.S.C. 
1490a(a)(2)) is amended by adding at the end the following:
    ``(F)(i) In making occupancy in a project assisted under this 
paragraph, and rental assistance under this paragraph, available on 
behalf of eligible families, the project owner shall give preference to 
otherwise eligible children who--
            ``(I) are in foster care;
            ``(II) have attained an age such that the provision of 
        foster care for the child will end by reason of the age of the 
        child within 6 months;
            ``(III) meet the requirements under clauses (i) and (ii) of 
        paragraph (1) of the definition of the term `at risk of 
        homelessness' in section 91.5 of title 24, Code of Federal 
        Regulations, as in effect on September 1, 2016; and
            ``(IV) have agreed to comply with the requirements under 
        clause (iii).
    ``(ii) Notwithstanding the period during which a preference 
pursuant to clause (i) for occupancy in a project assisted under this 
paragraph or for rental assistance under this paragraph is provided for 
a person, an otherwise eligible person may apply for such occupancy or 
assistance at any time after the person attains 16 years of age.
    ``(iii)(I) Except as provided in subclause (III), each person 
occupying a dwelling unit pursuant to a preference under this 
subparagraph shall be, not later than 12 months after the initial 
occupancy and for not less than 9 months of each successive 12-month 
period thereafter--
            ``(aa) employed on average at least 35 hours of service per 
        week;
            ``(bb) engaged in vocational, technical, or workforce 
        development training or in an apprenticeship, on a full-time 
        basis, as classified by a vocational, technical, or workforce 
        development training institution or entity;
            ``(cc) enrolled in a secondary school, an institution of 
        higher education, or other institution providing post-secondary 
        education, on a full-time basis, as classified by an 
        educational institution; or
            ``(dd) engaged in a combination of activities described in 
        items (aa), (bb), and (cc) to such an extent that, in the 
        aggregate, such engagement is on a full-time basis.
    ``(II) The Secretary shall require a project owner to verify 
compliance with the requirement under subclause (I) by each person 
occupying a dwelling unit pursuant to a preference under this 
subparagraph annually in conjunction with reviews of income for 
purposes of determining eligibility for assistance described in clause 
(i).
    ``(III) The requirement under subclause (I) shall not apply to--
            ``(aa) a person physically or mentally unfit for 
        employment, as determined in accordance with such standards as 
        the Secretary shall establish;
            ``(bb) a parent or other household member responsible for 
        the care of a dependent child under 6 or an incapacitated 
        person; and
            ``(cc) a person who is regularly and actively participating 
        in a drug addiction or alcoholic treatment and rehabilitation 
        program.
    ``(iv) A dwelling unit that is occupied by a person pursuant to a 
preference under this subparagraph may contain more than 1 bedroom only 
if the additional bedrooms are occupied only by other persons who 
occupy the dwelling unit pursuant to a preference under this 
subparagraph.
    ``(v)(I) A project owner shall terminate any occupancy of a person 
pursuant to the preference under clause (i) upon the person attaining 
25 years of age or upon substantial noncompliance with the requirement 
under clause (ii).
    ``(II) Nothing in this clause may be construed to prohibit or 
affect the eligibility of any person for occupancy in a project 
assisted under this paragraph or for rental assistance under this 
paragraph, other than pursuant to a preference under this 
subparagraph.''.

SEC. 5. REPORTS TO CONGRESS.

    (a) Requirement.--Not later than 10 years after the date of 
enactment of this Act, and not less frequently than every 5 years 
thereafter, the Secretary of Housing and Urban Development and the 
Secretary of Agriculture shall jointly submit a report to Congress 
regarding the status and outcomes of persons provided a preference for 
housing assistance pursuant to the amendments made by this Act.
    (b) Contents.--Each report submitted under subsection (a) shall 
include--
            (1) such information as may be necessary to assess and 
        evaluate the long-term success of providing a preference for 
        housing assistance pursuant to the amendments made by this Act 
        and to identify any changes to facilitate improving that 
        success; and
            (2) information regarding the outcomes for persons provided 
        that preference with respect to the period beginning upon 
        initial provision of the housing assistance on behalf of the 
        person and ending 10 years after termination of that 
        assistance, which shall include--
                    (A) employment and career status;
                    (B) housing situation;
                    (C) educational, training, or vocational 
                attainment;
                    (D) physical, mental, and emotional well-being 
                (including any instances of substance abuse);
                    (E) instances of arrests, incarcerations, and other 
                interactions with the criminal justice system;
                    (F) marital and familial status; and
                    (G) any other relevant information as the 
                Secretaries consider appropriate to facilitate 
                successful operation of the program under the 
                amendments made by this Act.
    (c) Protection of Privacy.--Each report under this section shall--
            (1) contain aggregate information regarding the outcomes 
        described in subsection (b); and
            (2) not contain any personally identifiable information.
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