I 

114TH CONGRESS 

2D SESSION H. R. 6289 

To provide priority under certain federally assisted housing programs to 

assisting youths who are aging out of foster care, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2016 

Mr. TURNER (for himself, Mr. ROSS, Ms. MOORE, Mr. LANGEVIN, Mr. KILDEE, Mr. HILL, and Mr. MARINO) 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 assisting youths who are aging out of foster 

care, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fostering Stable Hous5 ing Opportunities Act of 2016’’. 

6 SEC. 2. DEFINITION OF FAMILY. 

7 Subparagraph (A) of section 3(b)(3) of the United 

8 States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) 

9 is amended— 


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1 (1) in the first sentence— 

2 (A) by striking ‘‘(v)’’ and inserting ‘‘(vi)’’; 

3 and 

4 (B) by inserting after ‘‘tenant family,’’ the 

5 following: ‘‘(v) a child who is in foster care and 

6 has attained an age such that the provision of 

7 foster care for such child will end by reason of 

8 the age of the child within 6 months,’’; and 

9 (2) in the second sentence, by inserting ‘‘or 

10 (vi)’’ after ‘‘clause (v)’’. 

11 SEC. 3. PRIORITY FOR PUBLIC HOUSING OCCUPANCY AND 

12 SECTION 8 ASSISTANCE. 

13 (a) PUBLIC HOUSING.—Subparagraph (A) of section 

14 6(c)(4) of the United States Housing Act of 1937 (42 

15 U.S.C. 1437d(c)(4)(A)) is amended— 

16 (1) by striking ‘‘this subparagraph’’ and insert17 ing ‘‘this clause’’; and 

18 (2) by striking the subparagraph designation 

19 and all that follows through ‘‘making dwelling units 

20 available’’ and inserting the following: 

21 ‘‘(A) making dwelling units in public hous22 ing available for occupancy, which shall provide 

23 that— 

24 ‘‘(i) except for projects or portions of 

25 projects designated for occupancy pursuant 


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1 to section 7(a), preference shall be given to 

2 otherwise eligible children who are in foster 

3 care, have attained an age such that the 

4 provision of foster care for such child will 

5 end by reason of the age of the child with6 in 6 months, meet the requirements under 

7 clauses (i) and (ii) of paragraph (1) of the 

8 definition of ‘at risk of homelessness’ in 

9 section 91.5 of the Secretary’s regulations 

10 (24 C.F.R. 91.5), as in effect on Sep11 tember 1, 2016, and have agreed to comply 

12 with the requirements under section 37(c); 

13 and 

14 ‘‘(ii) the public housing agency may 

15 establish a system for making dwelling 

16 units that are not occupied pursuant to the 

17 preference under clause (i) available’’. 

18 (b) VOUCHER ASSISTANCE.—Subparagraph (A) of 

19 section 8(o)(6) of the United States Housing Act of 1937 

20 (42 U.S.C. 1437f(o)(6)(A)) is amended— 

21 (1) by redesignating clauses (i) and (ii) as 

22 clauses (ii) and (iii), respectively; 

23 (2) by inserting before clause (ii), as so redesig24 nated by paragraph (1) of this subsection, the fol25 lowing new clause: 


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1 ‘‘(i) CHILDREN AGING-OUT OF FOS2 TER CARE.—In making tenant-based as3 sistance under this subsection available on 

4 behalf of eligible families, each public hous5 ing agency shall give preference to other6 wise eligible children who are in foster 

7 care, have attained an age such that the 

8 provision of foster care for such child will 

9 end by reason of the age of the child with10 in 6 months, meet the requirements under 

11 clauses (i) and (ii) of paragraph (1) of the 

12 definition of ‘at risk of homelessness’ in 

13 section 91.5 of the Secretary’s regulations 

14 (24 C.F.R. 91.5), as in effect on Sep15 tember 1, 2016, and have agreed to comply 

16 with the requirements under section 

17 37(c).’’; 

18 (3) in clause (ii), as so redesignated by para19 graph (1) of this subsection, by inserting ‘‘that is 

20 not made available in accordance with the preference 

21 under clause (i)’’ after ‘‘under this subsection’’; and 

22 (4) in clause (iii), as so redesignated by para23 graph (1) of this subsection, by striking ‘‘this sub24 paragraph’’ and inserting ‘‘clause (ii)’’. 


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1 (c) PHA PROJECT-BASED VOUCHER ASSISTANCE.— 

2 Subparagraph (J) of section 8(o)(13) of the United States 

3 Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(J)) is 

4 amended— 

5 (1) in the first sentence, by inserting before the 

6 period at the end the following: ‘‘, except that the 

7 agency shall give preference to otherwise eligible 

8 children who are in foster care, have attained an age 

9 such that the provision of foster care for such child 

10 will end by reason of the age of the child within 6 

11 months, meet the requirements under clauses (i) and 

12 (ii) of paragraph (1) of the definition of ‘at risk of 

13 homelessness’ in section 91.5 of the Secretary’s reg14 ulations (24 C.F.R. 91.5), as in effect on September 

15 1, 2016, and have agreed to comply with the re16 quirements under section 37(c)’’; and 

17 (2) in the third sentence, by striking ‘‘The 

18 agency’’ and inserting the following: ‘‘For units that 

19 are made available after preference is provided pur20 suant to the first sentence of this subparagraph, the 

21 agency’’. 

22 (d) PROJECT-BASED SECTION 8 RENTAL ASSIST23 ANCE.—Subparagraph (A) of section 8(d)(1) of the 

24 United States Housing Act of 1937 (42 U.S.C. 

25 1437f(d)(1)(A)) is amended— 


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1 (1) by striking ‘‘except that with respect’’ and 

2 inserting the following: ‘‘except that— 

3 ‘‘(i) in the case of assisted dwelling 

4 units in a project assisted with project5 based assistance under this section, the 

6 tenant selection criteria used by the owner 

7 shall give preference to otherwise eligible 

8 children who are in foster care, have at9 tained an age such that the provision of 

10 foster care for such child will end by rea11 son of the age of the child within 6 

12 months, meet the requirements under 

13 clauses (i) and (ii) of paragraph (1) of the 

14 definition of ‘at risk of homelessness’ in 

15 section 91.5 of the Secretary’s regulations 

16 (24 C.F.R. 91.5), as in effect on Sep17 tember 1, 2016, and have agreed to comply 

18 with the requirements under section 37(c); 

19 and 

20 ‘‘(ii) with respect’’; and 

21 (2) by inserting ‘‘after preference is provided 

22 pursuant to clause (i)’’ after ‘‘to be assisted’’. 

23 (e) TERMS AND CONDITIONS ON PRIORITY.—Title I 

24 of the United States Housing Act of 1937 (42 U.S.C. 


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1 1437 et seq.) is amended by adding at the end the fol2 lowing new section: 

3 ‘‘SEC. 37. TERMS AND CONDITIONS ON PREFERENCE FOR 

4 ASSISTANCE FOR CHILDREN AGING OUT OF 

5 FOSTER CARE. 

6 ‘‘(a) PREFERENCE.—For purposes of this section, 

7 the term ‘preference for housing assistance’ means pref8 erence, for an otherwise eligible child in foster care, for— 

9 ‘‘(1) occupancy in a public housing dwelling 

10 unit, pursuant to section 6(c)(4)(A)(i); 

11 ‘‘(2) tenant-based assistance under section 8(o), 

12 pursuant to paragraph (6)(A)(i) of such section; 

13 ‘‘(3) project-based assistance under section 

14 8(o)(13), pursuant to subparagraph (J) of such sec15 tion; and 

16 ‘‘(4) occupancy in a dwelling unit in a project 

17 assisted with project-based assistance under section 

18 8, pursuant to subsection (d)(1)(A)(i) of such sec19 tion. 

20 ‘‘(b) EARLY APPLICATION FOR ASSISTANCE.—Not21 withstanding the period during which a preference for 

22 housing assistance is provided for a person, an otherwise 

23 eligible person may apply for such occupancy or assistance 

24 at any time after such person attains 16 years of age. 


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1 ‘‘(c) REQUIREMENT FOR EMPLOYMENT, EDUCATION, 

2 OR TRAINING.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), each person occupying a dwelling unit 

5 pursuant to a preference for housing assistance shall 

6 be, not later than 12 months after such initial occu7 pancy and for at least 9 months of each successive 

8 12-month period thereafter— 

9 ‘‘(A) employed on average at least 35 

10 hours of service per week; 

11 ‘‘(B) engaged in vocational, technical, or 

12 workforce development training or in an ap13 prenticeship, on a full-time basis, as classified 

14 by a vocational, technical, workforce develop15 ment training institution or entity; 

16 ‘‘(C) enrolled in a secondary school, an in17 stitution of higher education, or other institu18 tion providing post-secondary education, on a 

19 full-time basis, as classified by an educational 

20 institution; or 

21 ‘‘(D) engaged in a combination of activities 

22 described in subparagraphs (A) through (C) to 

23 such an extent that, in the aggregate, such en24 gagement is on such a full-time basis. 


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1 The Secretary shall require the public housing agen2 cy or project owner, as applicable, to verify compli3 ance with the requirement under this paragraph by 

4 each person occupying a dwelling unit assisted or 

5 administered by such agency or owner, as applicable, 

6 pursuant to a preference for housing assistance an7 nually in conjunction with reviews of income for pur8 poses of determining eligibility for assistance de9 scribed in subsection (a). 

10 ‘‘(2) EXCEPTIONS.—The requirement under 

11 paragraph (1) shall not apply to— 

12 ‘‘(A) a person physically or mentally unfit 

13 for employment, as determined in accordance 

14 with such standards as the Secretary shall es15 tablish; 

16 ‘‘(B) a parent or other household member 

17 responsible for the care of a dependent child 

18 under 6 or an incapacitated person; and 

19 ‘‘(C) a person who is regularly and actively 

20 participating in a drug addiction or alcoholic 

21 treatment and rehabilitation program. 

22 ‘‘(d) LIMITATION ON BEDROOMS.—A dwelling unit 

23 that is occupied by a person, or assisted with assistance 

24 made available on behalf of a person, pursuant to a pref25 erence for housing assistance may contain more than one 


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1 bedroom only if such additional bedrooms are occupied 

2 only by other persons who occupy such dwelling unit, or 

3 receive assistance made available, pursuant to a preference 

4 for housing assistance. 

5 ‘‘(e) TERMINATION OF ASSISTANCE.—The public 

6 housing agency or project owner, as applicable, shall ter7 minate any occupancy of, or assistance on behalf of, a per8 son pursuant to any preference for housing assistance 

9 upon the person attaining 25 years of age or upon sub10 stantial noncompliance with the requirement under sub11 section (c), except that nothing in this clause may be con12 strued to prohibit or affect the eligibility of any person 

13 for occupancy of housing assisted under this title or rental 

14 assistance under section 8, that is provided other than 

15 pursuant to a preference under this subparagraph.’’. 

16 SEC. 4. PRIORITY FOR RURAL RENTAL ASSISTANCE. 

17 Paragraph (2) of section 521(a) of the Housing Act 

18 of 1949 (42 U.S.C. 1490a(a)(2)) is amended by adding 

19 at the end the following new subparagraph: 

20 ‘‘(F)(i) In making occupancy in a project assisted 

21 under this paragraph, and rental assistance under this 

22 paragraph, available on behalf of eligible families, the 

23 project owner shall give preference to otherwise eligible 

24 children who— 

25 ‘‘(I) are in foster care; 


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1 ‘‘(II) have attained an age such that the provi2 sion of foster care for such child will end by reason 

3 of the age of the child within 6 months; 

4 ‘‘(III) meet the requirements under clauses (i) 

5 and (ii) of paragraph (1) of the definition of ‘at risk 

6 of homelessness’ in section 91.5 of the Secretary of 

7 Housing and Urban Development’s regulations (24 

8 C.F.R. 91.5), as in effect on September 1, 2016; 

9 and 

10 ‘‘(IV) have agreed to comply with the require11 ments under clause (iii). 

12 ‘‘(ii) Notwithstanding the period during which a pref13 erence pursuant to clause (i) for occupancy in project as14 sisted under this paragraph or for rental assistance under 

15 this paragraph is provided for a person, an otherwise eligi16 ble person may apply for such occupancy or assistance at 

17 any time after the person attains 16 years of age. 

18 ‘‘(iii)(I) Except as provided in subclause (II), each 

19 person occupying a dwelling unit pursuant to a preference 

20 under this subparagraph shall be, not later than 12 

21 months after such initial occupancy and for at least 9 

22 months of each successive 12-month period thereafter— 

23 ‘‘(aa) employed on average at least 35 hours of 

24 service per week; 


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1 ‘‘(bb) engaged in vocational, technical, or work2 force development training or in an apprenticeship, 

3 on a full-time basis, as classified by a vocational, 

4 technical, workforce development training institution 

5 or entity; 

6 ‘‘(cc) enrolled in a secondary school, an institu7 tion of higher education, or other institution pro8 viding post-secondary education, on a full-time basis, 

9 as classified by an educational institution; or 

10 ‘‘(dd) engaged in a combination of activities de11 scribed in items (aa) through (cc) to such an extent 

12 that, in the aggregate, such engagement is on such 

13 a full-time basis. 

14 The Secretary shall require a project owner to verify com15 pliance with the requirement under this subclause by each 

16 person occupying a dwelling unit pursuant to a preference 

17 under this subparagraph annually in conjunction with re18 views of income for purposes of determining eligibility for 

19 assistance described in clause (i). 

20 ‘‘(II) The requirement under subclause (I) shall not 

21 apply to— 

22 ‘‘(aa) a person physically or mentally unfit for 

23 employment, as determined in accordance with such 

24 standards as the Secretary shall establish; 


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1 ‘‘(bb) a parent or other household member re2 sponsible for the care of a dependent child under 6 

3 or an incapacitated person; and 

4 ‘‘(cc) a person who is regularly and actively 

5 participating in a drug addiction or alcoholic treat6 ment and rehabilitation program. 

7 ‘‘(iv) A dwelling unit that is occupied by a person 

8 pursuant to a preference under this subparagraph may 

9 contain more than one bedroom only if such additional 

10 bedrooms are occupied only by other persons who occupy 

11 such dwelling unit pursuant to a preference under this 

12 subparagraph. 

13 ‘‘(v) The project owner shall terminate any occupancy 

14 of a person pursuant to the preference under clause (i) 

15 upon the person attaining 25 years of age or upon sub16 stantial noncompliance with the requirement under clause 

17 (ii), except that nothing in this clause may be construed 

18 to prohibit or affect the eligibility of any person for occu19 pancy in a project assisted under this paragraph or for 

20 rental assistance under this paragraph, other than pursu21 ant to a preference under this subparagraph.’’. 

22 SEC. 5. REPORTS TO CONGRESS. 

23 (a) REQUIREMENT.—The Secretary of Housing and 

24 Urban Development and the Secretary of Agriculture shall 

25 jointly submit reports to the Congress regarding the status 


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1 and outcomes of persons provided preference for housing 

2 assistance pursuant to the amendments made by sections 

3 2 through 4 of this Act. 

4 (b) CONTENTS.—Reports under this section shall in5 clude such information as may be necessary to assess and 

6 evaluate the long-term success of providing preference for 

7 housing assistance pursuant to such amendments and to 

8 identify any changes to facilitate improving such success. 

9 Such reports shall include information regarding the out10 comes for persons provided such preference with respect 

11 to the period beginning upon initial provision of such hous12 ing assistance on behalf of such person and ending 10 

13 years after termination of such assistance and shall in14 clude the following information regarding such persons: 

15 (1) Employment and career status. 

16 (2) Housing situation. 

17 (3) Educational, training, or vocational attain18 ment. 

19 (4) Physical, mental, and emotional well-being 

20 (including any instances of substance abuse). 

21 (5) Instances of arrests, incarcerations, and 

22 other interactions with the criminal justice system. 

23 (6) Marital and familial status. 

24 (7) Any other relevant information as the Sec25 retaries consider appropriate to facilitate successful 


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1 operation of the program under the amendments 

2 made by this Act. 

3 (c) PROTECTION OF PRIVACY.—Reports under this 

4 section shall contain aggregate information regarding out5 comes described in subsection (b) and shall not contain 

6 any personally identifiable information. 

7 (d) TIMING.—The first report under this section shall 

8 be submitted to the Congress not later than the expiration 

9 of the 10-year period beginning on the date of the enact10 ment of this Act and the Secretaries referred to in sub11 section (a) shall submit a report not later than the expira12 tion of each successive 5-year period thereafter. 

Æ 


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