[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2657 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2657

 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 HOUSE OF REPRESENTATIVES

                              May 9, 2019

  Mr. Turner introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 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 2019''.

SEC. 2. DEFINITION OF FAMILY.

    Subparagraph (A) of section 3(b)(3) 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 such 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.--Subparagraph (A) of section 6(c)(4) of the 
United States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is 
amended--
            (1) by striking ``may establish a system for making 
        dwelling units available that provides preference'' and 
        inserting the following: ``shall establish a system for making 
        dwelling units available that--
                            ``(i) shall provide preferences'';
            (2) by striking ``each system of preferences established 
        pursuant to this subparagraph shall be based'' and inserting 
        the following:
                            ``(ii) except as provided in clause (iii), 
                        shall be based'';
            (3) by adding at the end the following new clause:
                            ``(iii) except for projects or portions of 
                        projects designated for occupancy pursuant to 
                        section 7(a), shall provide that the highest 
                        preference for occupancy shall be given to 
                        otherwise eligible children who are in foster 
                        care, have attained an age such that the 
                        provision of foster care for such 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 
                        `at risk of homelessness' in section 91.5 of 
                        the Secretary's regulations (24 C.F.R. 91.5), 
                        as in effect on September 1, 2016, and have 
                        agreed to comply with the requirements under 
                        section 39(c); and
                            ``(iv) may provide highest preference for 
                        occupancy to, in addition to eligible children 
                        described in clause (iii), not more than two 
                        other types of families.''.
    (b) Voucher Assistance.--Subparagraph (A) of section 8(o)(6) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)) is 
amended--
            (1) in clause (i), by striking ``may'' the first place such 
        term appears and inserting ``shall'';
            (2) by redesignating clause (ii) as clause (iii);
            (3) by inserting before clause (iii), as so redesignated by 
        paragraph (1) of this subsection, the following new clause:
                            ``(ii) Highest preference.--Each system of 
                        preferences established pursuant to this 
                        subparagraph--
                                    ``(I) shall provide that the 
                                highest preference for assistance shall 
                                be given to otherwise eligible children 
                                who are in foster care, have attained 
                                an age such that the provision of 
                                foster care for such 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 `at risk of 
                                homelessness' in section 91.5 of the 
                                Secretary's regulations (24 C.F.R. 
                                91.5), as in effect on September 1, 
                                2016, and have agreed to comply with 
                                the requirements under section 39(c); 
                                and
                                    ``(II) may provide highest 
                                preference for assistance to, in 
                                addition to eligible children described 
                                in subclause (I), not more than two 
                                other types of eligible families.''; 
                                and
            (4) in clause (iii), as so redesignated by paragraph (2) of 
        this subsection, by striking ``Each system'' and inserting 
        ``Except as provided in clause (ii)(I), each system''.
    (c) PHA Project-Based Voucher Assistance.--Subparagraph (J) of 
section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)(J)) is amended--
            (1) by striking ``(J) Tenant selection.--A public'' and 
        inserting the following:
                    ``(J) Tenant selection.--
                            ``(i) Selection and eligibility.--A 
                        public'';
            (2) by striking ``The agency or owner may establish 
        preferences or criteria for selection for a unit assisted under 
        this paragraph that'' and inserting the following:
                            ``(ii) Preferences for occupancy.--The 
                        agency or owner shall establish a system of 
                        preferences or criteria for selection for a 
                        unit assisted under this section that--
                                    ``(I) shall provide that the 
                                highest 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 
                                such 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 `at risk of homelessness' in section 
                                91.5 of the Secretary's regulations (24 
                                C.F.R. 91.5), as in effect on September 
                                1, 2016, and have agreed to comply with 
                                the requirements under section 39(c);
                                    ``(II) may provide highest 
                                preference to, in addition to eligible 
                                children described in subclause (I), 
                                not more than two other types of 
                                eligible families; and
                                    ``(III) except as provided under 
                                subclause (I),''; and
            (3) by striking ``Any family that'' and inserting the 
        following:
                            ``(iii) Waiting lists.--Any family that''.
    (d) Project-Based Section 8 Rental Assistance.--Subparagraph (A) of 
section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(d)(1)(A)) is amended--
            (1) by realigning such subparagraph so as to be indented 2 
        ems from the left margin;
            (2) by striking ``except that with respect'' and inserting 
        the following: ``except that--
                    ``(i) with respect to assisted dwelling units in a 
                project assisted with project-based assistance under 
                this section, the tenant selection criteria used by the 
                owner--
                            ``(I) shall provide that the highest 
                        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 such 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 `at risk of 
                        homelessness' in section 91.5 of the 
                        Secretary's regulations (24 C.F.R. 91.5), as in 
                        effect on September 1, 2016, and have agreed to 
                        comply with the requirements under section 
                        39(c); and
                            ``(II) may provide highest preference to, 
                        in addition to eligible children described in 
                        subclause (I), not more than two other types of 
                        eligible families; and
                    ``(ii) with respect''; and
            (3) by inserting ``who are not eligible for highest 
        preference pursuant to clause (i)(I)'' after ``to be 
        assisted''.
    (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 new section:

``SEC. 39. TERMS AND CONDITIONS ON PREFERENCE FOR ASSISTANCE FOR 
              CHILDREN AGING OUT OF FOSTER CARE.

    ``(a) Preference.--For purposes of 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)(iii);
            ``(2) tenant-based assistance under section 8(o), pursuant 
        to paragraph (6)(A)(ii)(I) of such section;
            ``(3) project-based assistance under section 8(o)(13), 
        pursuant to subparagraph (J)(ii)(I) of such section; and
            ``(4) occupancy in a dwelling unit in a project assisted 
        with project-based assistance under section 8, pursuant to 
        subsection (d)(1)(A)(i)(I) 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 such person attains 16 years of age.
    ``(c) Requirement for Education or Training.--
            ``(1) Requirement.--Except as provided in paragraph (2), 
        each person occupying a dwelling unit pursuant to a preference 
        for housing assistance shall, not later than 30 months after 
        such initial occupancy, comply with the requirements under one 
        of the following subparagraphs, as selected by the public 
        housing agency for or project owner of the assisted housing 
        dwelling unit involved, in consultation with relevant public 
        child welfare agencies:
                    ``(A) Option 1.--The requirements under this 
                subparagraph are--
                            ``(i) obtaining a recognized postsecondary 
                        credential or a secondary school diploma or its 
                        recognized equivalent;
                            ``(ii) enrollment in an institution of 
                        higher education, as such term is defined in 
                        section 101(a) of the Higher Education Act of 
                        1965 (20 U.S.C. 1001(a)) and including the 
                        institutions described in subparagraphs (A) and 
                        (B) of section 102(a)(1) of such Act (20 U.S.C. 
                        1002(a)(1)); or
                            ``(iii) participation in a career pathway, 
                        as such term is defined in section 3 of the 
                        Workforce Innovation and Opportunity Act (29 
                        U.S.C. 3102).
                Notwithstanding any other provision of this paragraph, 
                a public housing agency or project owner may consider 
                employment as satisfying the requirements under this 
                subparagraph.
                    ``(B) Option 2.--The requirements under this 
                subparagraph are compliance with the terms and 
                conditions applicable under section 23 of the United 
                States Housing Act of 1937 (42 U.S.C. 1437u) and the 
                regulations implementing such section to a person 
                participating in a family self-sufficiency program 
                under such section, except that--
                            ``(i) a public housing agency may select 
                        the option under this subparagraph only if the 
                        agency is participating in such self-
                        sufficiency program or has made such 
                        commitments to commence participation as the 
                        Secretary considers sufficient; and
                            ``(ii) a project owner of assisted housing 
                        may select the option under this subparagraph 
                        only if the public housing agency in whose 
                        jurisdiction the project is located is 
                        participating in such self-sufficiency program 
                        or has made such commitments to commence 
                        participation as the Secretary considers 
                        sufficient.
                    ``(C) Option 3.--The requirements under this 
                subparagraph are compliance with any combination of the 
                terms, conditions, and requirements under subparagraphs 
                (A) and (B), as may be established by the public 
                housing agency, except that a project owner of assisted 
                housing may select the option under this subparagraph 
                only if the public housing agency in whose jurisdiction 
                the project is located has selected the option under 
                this subparagraph and has established such terms, 
                conditions, and requirements. In designing such terms, 
                conditions, and requirements, the public housing agency 
                may consult with local workforce development agencies 
                and other organizations and entities with expertise and 
                experience in this field.
            ``(2) Exceptions.--The requirement under paragraph (1) 
        shall not apply to--
                    ``(A) a parent or other household member 
                responsible for the care of a dependent child under the 
                age of 6 or for the care of an incapacitated person;
                    ``(B) a person who is regularly and actively 
                participating in a drug addiction or alcohol treatment 
                and rehabilitation program; and
                    ``(C) a person who is incapable of complying with 
                the requirement under paragraph (1) due to a documented 
                medical condition.
            ``(3) Verification of compliance.--The Secretary shall 
        require the public housing agency or project owner, as 
        applicable, to verify compliance with the requirement under 
        paragraph (1) by each person occupying a dwelling unit assisted 
        or administered by such agency or owner, as applicable, 
        pursuant to a preference for housing assistance annually in 
        conjunction with reviews of income for purposes of determining 
        eligibility for assistance described in subsection (a).
    ``(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 one bedroom only if such additional bedrooms are occupied 
only by other persons who occupy such dwelling unit, or receive 
assistance made available, pursuant to a preference for housing 
assistance.
    ``(e) Supportive Services.--
            ``(1) Eligibility.--Each person occupying a dwelling unit 
        pursuant to a preference for housing assistance shall be 
        eligible for any supportive services (as such term is defined 
        in section 103 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102)) made available, in connection with any 
        housing assistance program of the agency, by or through the 
        public housing agency providing such preference or, in the case 
        of a preference for housing assistance for housing not assisted 
        by such agency, by or through the public housing agency in 
        whose jurisdiction the housing is located, including any 
        services provided under a family self-sufficiency program under 
        section 23 of this Act.
            ``(2) Information.--Upon the initial provision of housing 
        assistance for any person pursuant to a preference for such 
        assistance, the public housing agency or owner, as applicable, 
        shall inform such person of the existence of any programs or 
        services referred to in paragraph (1) and of their eligibility 
        for such programs and services.
    ``(f) Termination of Assistance.--The 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), 
except that nothing in this subsection may be construed to prohibit the 
occupancy of housing assisted under this title by, or the provision of 
rental assistance under section 8 for, any person, or to affect the 
eligibility of any person for such occupancy or assistance, other than 
pursuant to a preference for housing assistance.
    ``(g) Applicability to Moving to Work Agencies.--Notwithstanding 
any other provision of law, the preferences for housing assistance 
identified in subsection (a) of this section shall apply to assistance 
made available by each public housing agency participating in the 
Moving to Work Program under section 204 of the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1996 (42 U.S.C. 1437f note), except that in lieu of 
compliance with one of the options under subsection (c)(1) of this 
section, such an agency may comply with the requirement under such 
subsection by complying with such terms, conditions, and requirements 
as may be established by the agency for persons occupying dwelling 
units pursuant to a preference for housing assistance.
    ``(h) Reports.--The Secretary of Housing and Urban Development 
shall require each public housing agency that provides any preference 
for housing assistance pursuant to this section in any fiscal year to 
submit a report to the Secretary for such fiscal year that--
            ``(1) specifies the number of applications for such 
        preferences received during such fiscal year disaggregated by--
                    ``(A) the number received by persons who have 
                attained 16 years of age but have not attained an age 
                such that the provision of foster care for such child 
                will end by reason of the age of the child within 6 
                months; and
                    ``(B) the number received by persons who have 
                attained an age such that the provision of foster care 
                for such child will end by reason of the age of the 
                child within 6 months;
            ``(2) specifies the number of persons provided a preference 
        for housing assistance during such fiscal year; and
            ``(3) describes how the public housing agency communicated 
        or collaborated with public child welfare agencies to collect 
        such data.''.

SEC. 4. PRIORITY FOR RURAL RENTAL ASSISTANCE.

    Paragraph (2) of section 521(a) of the Housing Act of 1949 (42 
U.S.C. 1490a(a)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(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--
            ``(I) shall provide that the highest preference shall be 
        given to otherwise eligible children who--
                    ``(aa) are in foster care;
                    ``(bb) have attained an age such that the provision 
                of foster care for such child will end by reason of the 
                age of the child within 6 months;
                    ``(cc) meet the requirements under clauses (i) and 
                (ii) of paragraph (1) of the definition of `at risk of 
                homelessness' in section 91.5 of the Secretary of 
                Housing and Urban Development's regulations (24 C.F.R. 
                91.5), as in effect on September 1, 2016; and
                    ``(dd) have agreed to comply with the requirements 
                under clause (iii); and
            ``(II) may provide highest preference to, in addition to 
        eligible children described in subclause (I), not more than two 
        other types of eligible families.
    ``(ii) Notwithstanding the period during which a preference 
pursuant to clause (i)(I) for occupancy in 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 (II), each person 
occupying a dwelling unit pursuant to a preference under clause (i)(I) 
shall, not later than 30 months after such initial occupancy, be--
            ``(aa) obtaining a recognized postsecondary credential or a 
        secondary school diploma or its recognized equivalent;
            ``(bb) enrolled in an institution of higher education, as 
        such term is defined in section 101(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1001(a)) and including the institutions 
        described in subparagraphs (A) and (B) of section 102(a)(1) of 
        such Act (20 U.S.C. 1002(a)(1)); or
            ``(cc) participating in a career pathway, as such term is 
        defined in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
Notwithstanding any other provision of this subclause, a project owner 
may consider employment as satisfying the requirements under this 
subclause.
    ``(II) The requirement under subclause (I) shall not apply to--
            ``(aa) a parent or other household member responsible for 
        the care of a dependent child under the age of 6 or for the 
        care of an incapacitated person;
            ``(bb) a person who is regularly and actively participating 
        in a drug addiction or alcohol treatment and rehabilitation 
        program; and
            ``(cc) a person who is incapable of complying with the 
        requirement under subclause (I) due to a documented medical 
        condition.
    ``(III) The Secretary shall require a project owner to verify 
compliance with the requirement under this clause by each person 
occupying a dwelling unit pursuant to a preference under clause (i)(I) 
annually in conjunction with reviews of income for purposes of 
determining eligibility for assistance described in clause (i).
    ``(iv) A dwelling unit that is occupied by a person pursuant to a 
preference under clause (i)(I) may contain more than one bedroom only 
if such additional bedrooms are occupied only by other persons who 
occupy such dwelling unit pursuant to a preference under clause (i)(I).
    ``(v) The project owner shall terminate any occupancy of a person 
pursuant to the preference under clause (i)(I) upon the person 
attaining 25 years of age or upon substantial noncompliance with the 
requirement under clause (iii), except that nothing in this clause may 
be construed to prohibit the occupancy in a project assisted under this 
paragraph by, or the provision of rental assistance under this 
paragraph for, any person, or to affect the eligibility of any person 
for such occupancy or assistance, other than pursuant to a preference 
under clause (i)(I).''.

SEC. 5. EXCEPTIONS TO LIMITATIONS FOR PROJECT-BASED VOUCHER ASSISTANCE.

    (a) Percentage Limitation.--The first sentence of clause (ii) of 
section 8(o)(13)(B) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)(B)(ii)) is amended by inserting before ``or that'' the 
following: ``that house eligible children described in section 
6(c)(4)(A)(iii) who comply with the requirements under section 
39(c),''.
    (b) Income-Mixing Requirement.--Subclause (I) of section 
8(o)(13)(D)(ii) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)(D)(ii)(I)) is amended by inserting after ``elderly 
families'' the following: ``, to eligible children described in section 
6(c)(4)(A)(iii),''.

SEC. 6. GUIDANCE REGARDING IMPLEMENTATION.

    (a) In General.--The Secretary of Housing and Urban Development 
jointly with the Secretary of Agriculture, in consultation with the 
Secretary of Health and Human Services, shall develop guidance for 
public housing agencies and owners of assisted housing regarding how to 
correctly and efficiently implement and comply with the requirements of 
this Act and the amendments made by this Act and shall make such 
guidance available to such agencies and owners.
    (b) Consultation With HHS.--The Secretary of Housing and Urban 
Development jointly with the Secretary of Agriculture shall consult 
with the Secretary of Health and Human Services to provide such 
information and guidance to the Secretary of Health and Human Services 
as may be necessary to facilitate such Secretary in informing States 
and public child welfare agencies on how to correctly and efficiently 
implement and comply with the requirements of this Act and the 
amendments made by this Act.
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