Fostering Stable Housing Opportunities Act of 2016

Summary: Fostering Stable Housing Opportunities Act of 2016 This bill amends the United States Housing Act of 1937 to include within the definition of &quot;families&quot; 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 six months. Preference is given, subject to certain terms and conditions, for public housing occupancy and section 8 housing assistance under such Act to certain otherwise eligible children who are aging out of foster care and are at-risk for homelessness.  The bill amends the Housing Act of 1949 to give preference for rural rental assistance to certain otherwise eligible children who are aging out of foster care and are at-risk of homelessness.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fostering Stable Housing 
Opportunities Act of 2016''.

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 ``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 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 37(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) 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) by redesignating clauses (i) and (ii) as clauses (ii) 
        and (iii), respectively;
            (2) by inserting before clause (ii), as so redesignated by 
        paragraph (1) of this subsection, the following new clause:
                            ``(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 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 37(c).'';
            (3) in clause (ii), as so redesignated by paragraph (1) of 
        this subsection, 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 paragraph (1) of 
        this subsection, by striking ``this subparagraph'' and 
        inserting ``clause (ii)''.
    (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) 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 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 37(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''.
    (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 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 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 37(c); and
                            ``(ii) with respect''; and
            (2) by inserting ``after preference is provided pursuant to 
        clause (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. 37. 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)(i);
            ``(2) tenant-based assistance under section 8(o), pursuant 
        to paragraph (6)(A)(i) of such section;
            ``(3) project-based assistance under section 8(o)(13), 
        pursuant to subparagraph (J) 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) 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 Employment, Education, or Training.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each person occupying a dwelling unit pursuant to a preference 
        for housing assistance shall be, not later than 12 months after 
        such initial occupancy and for at least 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, 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) through (C) to such an 
                extent that, in the aggregate, such engagement is on 
                such a full-time basis.
        The Secretary shall require the public housing agency or 
        project owner, as applicable, to verify compliance with the 
        requirement under this paragraph 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).
            ``(2) 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 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) 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 clause 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 under this subparagraph.''.

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 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 such 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 `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
            ``(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 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 this 
subparagraph shall be, not later than 12 months after such initial 
occupancy and for at least 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, 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) through (cc) to such an extent that, in the 
        aggregate, such engagement is on such a full-time basis.
The Secretary shall require a project owner to verify compliance with 
the requirement under this subclause 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).
    ``(II) 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 one bedroom 
only if such additional bedrooms are occupied only by other persons who 
occupy such dwelling unit pursuant to a preference under this 
subparagraph.
    ``(v) The 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), except that 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.--The Secretary of Housing and Urban Development 
and the Secretary of Agriculture shall jointly submit reports to the 
Congress regarding the status and outcomes of persons provided 
preference for housing assistance pursuant to the amendments made by 
sections 2 through 4 of this Act.
    (b) Contents.--Reports under this section shall include such 
information as may be necessary to assess and evaluate the long-term 
success of providing preference for housing assistance pursuant to such 
amendments and to identify any changes to facilitate improving such 
success. Such reports shall include information regarding the outcomes 
for persons provided such preference with respect to the period 
beginning upon initial provision of such housing assistance on behalf 
of such person and ending 10 years after termination of such assistance 
and shall include the following information regarding such persons:
            (1) Employment and career status.
            (2) Housing situation.
            (3) Educational, training, or vocational attainment.
            (4) Physical, mental, and emotional well-being (including 
        any instances of substance abuse).
            (5) Instances of arrests, incarcerations, and other 
        interactions with the criminal justice system.
            (6) Marital and familial status.
            (7) 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.--Reports under this section shall 
contain aggregate information regarding outcomes described in 
subsection (b) and shall not contain any personally identifiable 
information.
    (d) Timing.--The first report under this section shall be submitted 
to the Congress not later than the expiration of the 10-year period 
beginning on the date of the enactment of this Act and the Secretaries 
referred to in subsection (a) shall submit a report not later than the 
expiration of each successive 5-year period thereafter.