[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. <all>