[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4258 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 4258
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 18, 2018
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To promote the development of local strategies to coordinate use of
assistance under sections 8 and 9 of the United States Housing Act of
1937 with public and private resources, to enable eligible families to
achieve economic independence and self-sufficiency, 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 ``Family Self-Sufficiency Act''.
SEC. 2. FAMILY SELF-SUFFICIENCY PROGRAM.
(a) In General.--Section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u) is amended--
(1) in subsection (a)--
(A) by striking ``public housing and''; and
(B) by striking ``the certificate and voucher
programs under section 8'' and inserting ``sections 8
and 9'';
(2) by amending subsection (b) to read as follows:
``(b) Continuation of Prior Required Programs.--
``(1) In general.--Each public housing agency that was
required to administer a local Family Self-Sufficiency program
on the date of enactment of the Family Self-Sufficiency Act,
shall operate such local program for, at a minimum, the number
of families the agency was required to serve on the date of
enactment of such Act, subject only to the availability under
appropriations Acts of sufficient amounts for housing
assistance and the requirements of paragraph (2).
``(2) Reduction.--The number of families for which a public
housing agency is required to operate such local program under
paragraph (1) shall be decreased by one for each family from
any supported rental housing program administered by such
agency that, after October 21, 1998, fulfills its obligations
under the contract of participation.
``(3) Exception.--The Secretary shall not require a public
housing agency to carry out a mandatory program for a period of
time upon the request of the public housing agency and upon a
determination by the Secretary that implementation is not
feasible because of local circumstances, which may include--
``(A) lack of supportive services accessible to
eligible families, which shall include insufficient
availability of resources for programs under title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
``(B) lack of funding for reasonable administrative
costs;
``(C) lack of cooperation by other units of State
or local government; or
``(D) any other circumstances that the Secretary
may consider appropriate.'';
(3) by striking subsection (i);
(4) by redesignating subsections (c), (d), (e), (f), (g),
and (h) as subsections (d), (e), (f), (g), (h), and (i)
respectively;
(5) by inserting after subsection (b), as amended, the
following:
``(c) Eligibility.--
``(1) Eligible families.--A family is eligible to
participate in a local Family Self-Sufficiency program under
this section if--
``(A) at least one household member seeks to become
and remain employed in suitable employment or to
increase earnings; and
``(B) the household member receives direct
assistance under section 8 or resides in a unit
assisted under section 8 or 9.
``(2) Eligible entities.--The following entities are
eligible to administer a local Family Self-Sufficiency program
under this section:
``(A) A public housing agency administering housing
assistance to or on behalf of an eligible family under
section 8 or 9.
``(B) The owner or sponsor of a multifamily
property receiving project-based rental assistance
under section 8, in accordance with the requirements
under subsection (l).'';
(6) in subsection (d), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``public housing agency''
the first time it appears and inserting
``eligible entity'';
(ii) in the first sentence, by striking
``each leaseholder receiving assistance under
the certificate and voucher programs of the
public housing agency under section 8 or
residing in public housing administered by the
agency'' and inserting ``a household member of
an eligible family''; and
(iii) by striking the third sentence and
inserting the following: ``Housing assistance
may not be terminated as a consequence of
either successful completion of the contract of
participation or failure to complete such
contract. A contract of participation shall
remain in effect until the participating family
exits the Family Self-Sufficiency program upon
successful graduation or expiration of the
contract of participation, or for other good
cause.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A)--
(I) in the first sentence--
(aa) by striking ``A local
program under this section''
and inserting ``An eligible
entity'';
(bb) by striking
``provide'' and inserting
``coordinate''; and
(cc) by striking ``to'' and
inserting ``for''; and
(II) in the second sentence--
(aa) by striking ``provided
during'' and inserting
``coordinated for'';
(bb) by striking ``under
section 8 or residing in public
housing'' and inserting
``pursuant to section 8 or 9
and for the duration of the
contract of participation'';
and
(cc) by inserting ``, but
are not limited to'' after
``may include'';
(ii) in subparagraph (D), by inserting ``or
attainment of a high school equivalency
certificate'' after ``high school'';
(iii) by striking subparagraph (G);
(iv) by redesignating subparagraphs (E),
(F), and (J) as subparagraphs (F), (G), and (K)
respectively;
(v) by inserting after subparagraph (D) the
following:
``(E) education in pursuit of a post-secondary
degree or certification;'';
(vi) in subparagraph (H), by inserting
``financial literacy, such as training in
financial management, financial coaching, and
asset building, and'' after ``training in'';
(vii) in subparagraph (I), by striking
``and'' at the end; and
(viii) by inserting after subparagraph (I)
the following:
``(J) homeownership education and assistance;
and'';
(C) in paragraph (3)--
(i) in the first sentence, by inserting
``the first recertification of income after''
after ``not later than 5 years after''; and
(ii) in the second sentence--
(I) by striking ``public housing
agency'' and inserting ``eligible
entity''; and
(II) by striking ``of the agency'';
(D) by amending paragraph (4) to read as follows:
``(4) Employment.--The contract of participation shall
require one household member of the participating family to
seek and maintain suitable employment.''; and
(E) by adding at the end the following:
``(5) Nonparticipation.--Assistance under section 8 or 9
for a family that elects not to participate in a Family Self-
Sufficiency program shall not be delayed by reason of such
election.'';
(7) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``whose monthly
adjusted income does not exceed 50 percent'' and all
that follows through the period at the end of the third
sentence and inserting ``shall be calculated under the
rental provisions of section 3 or section 8(o), as
applicable.'';
(B) in paragraph (2)--
(i) by striking the first sentence and
inserting the following: ``For each
participating family, an amount equal to any
increase in the amount of rent paid by the
family in accordance with the provisions of
section 3 or 8(o), as applicable, that is
attributable to increases in earned income by
the participating family, shall be placed in an
interest-bearing escrow account established by
the eligible entity on behalf of the
participating family. Notwithstanding any other
provision of law, an eligible entity may use
funds it controls under section 8 or 9 for
purposes of making the escrow deposit for
participating families assisted under, or
residing in units assisted under, section 8 or
9, respectively, provided such funds are offset
by the increase in the amount of rent paid by
the participating family.'';
(ii) by striking the second sentence and
inserting the following: ``All Family Self-
Sufficiency programs administered under this
section shall include an escrow account.'';
(iii) in the fourth sentence, by striking
``subsection (c)'' and inserting ``subsection
(d)''; and
(iv) in the last sentence--
(I) by striking ``A public housing
agency'' and inserting ``An eligible
entity''; and
(II) by striking ``the public
housing agency'' and inserting ``such
eligible entity''; and
(C) by amending paragraph (3) to read as follows:
``(3) Forfeited escrow.--Any amount placed in an escrow
account established by an eligible entity for a participating
family as required under paragraph (2), that exists after the
end of a contract of participation by a household member of a
participating family that does not qualify to receive the
escrow, shall be used by the eligible entity for the benefit of
participating families in good standing.'';
(8) in subsection (f), as so redesignated, by striking ``,
unless the income of the family equals or exceeds 80 percent of
the median income of the area (as determined by the Secretary
with adjustments for smaller and larger families)'';
(9) in subsection (g), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``public housing agency''
and inserting ``eligible entity'';
(ii) by striking ``the public housing
agency'' and inserting ``such eligible
entity''; and
(iii) by striking ``subsection (g)'' and
inserting ``subsection (h)''; and
(B) in paragraph (2)--
(i) by striking ``public housing agency''
and inserting ``eligible entity'' each place
that term appears;
(ii) by striking ``or the Job Opportunities
and Basic Skills Training Program under part F
of title IV of the Social Security Act'';
(iii) by inserting ``primary, secondary,
and post-secondary'' after ``public and
private''; and
(iv) in the second sentence, by inserting
``and tenants served by the program'' after
``the unit of general local government'';
(10) in subsection (h), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``public housing agency''
and inserting ``eligible entity'';
(ii) by striking ``participating in the''
and inserting ``carrying out a''; and
(iii) by striking ``to the Secretary'';
(B) in paragraph (2)--
(i) by striking ``public housing agency''
and inserting ``eligible entity'';
(ii) by striking ``subsection (f)'' and
inserting ``subsection (g)'';
(iii) by striking ``residents of the public
housing'' and inserting ``the current and
prospective participants of the program''; and
(iv) by striking ``or the Job Opportunities
and Basic Skills Training Program under part F
of title IV of the Social Security Act''; and
(C) in paragraph (3)--
(i) in subparagraph (C)--
(I) by striking ``subsection
(c)(2)'' and inserting ``subsection
(d)(2)'';
(II) by striking ``provided to''
and inserting ``coordinated on behalf
of participating'';
(III) by inserting ``direct''
before ``assistance''; and
(IV) by striking ``the section 8
and public housing programs'' and
inserting ``sections 8 and 9'';
(ii) in subparagraph (D)--
(I) by striking ``subsection (d)''
and inserting ``subsection (e)''; and
(II) by striking ``public housing
agency'' and inserting ``eligible
entity'';
(iii) in subparagraph (E), by striking
``deliver'' and inserting ``coordinate'';
(iv) in subparagraph (H), by striking ``the
Job Opportunities and Basic Skills Training
Program under part F of title IV of the Social
Security Act and''; and
(v) in subparagraph (I), by striking
``public housing or section 8 assistance'' and
inserting ``assistance under section 8 or 9'';
(11) by amending subsection (i), as so redesignated, to
read as follows:
``(i) Family Self-Sufficiency Awards.--
``(1) In general.--Subject to appropriations, the Secretary
shall establish a formula by which annual funds will be awarded
or as otherwise determined by the Secretary for the costs
incurred by an eligible entity in administering the self-
sufficiency program under this section.
``(2) Eligibility for awards.--The award established under
paragraph (1) shall provide funding for family self-sufficiency
coordinators as follows:
``(A) Base award.--An eligible entity serving 25 or
more participants in the Family Self-Sufficiency
program under this section is eligible to receive an
award equal to the costs, as determined by the
Secretary, of 1 full-time family self-sufficiency
coordinator position. The Secretary may, by regulation
or notice, determine the policy concerning the award
for an eligible entity serving fewer than 25 such
participants, including providing prorated awards or
allowing such entities to combine their programs under
this section for purposes of employing a coordinator.
``(B) Additional award.--An eligible entity that
meets performance standards set by the Secretary is
eligible to receive an additional award sufficient to
cover the costs of filling an additional family self-
sufficiency coordinator position if such entity has 75
or more participating families, and an additional
coordinator for each additional 50 participating
families, or such other ratio as may be established by
the Secretary based on the award allocation evaluation
under subparagraph (E).
``(C) State and regional agencies.--For purposes of
calculating the award under this paragraph, each
administratively distinct part of a State or regional
eligible entity may be treated as a separate agency.
``(D) Determination of number of coordinators.--In
determining whether an eligible entity meets a specific
threshold for funding pursuant to this paragraph, the
Secretary shall consider the number of participants
enrolled by the eligible entity in its Family Self-
Sufficiency program as well as other criteria
determined by the Secretary.
``(E) Award allocation evaluation.--The Secretary
shall submit to Congress a report evaluating the award
allocation under this subsection, and make
recommendations based on this evaluation and other
related findings to modify such allocation, within 4
years after the date of enactment of the Family Self-
Sufficiency Act, and not less frequently than every 4
years thereafter. The report requirement under this
subparagraph shall terminate after the Secretary has
submitted two such reports to Congress.
``(3) Renewals and allocation.--
``(A) In general.--Funds allocated by the Secretary
under this subsection shall be allocated in the
following order of priority:
``(i) First priority.--Renewal of the full
cost of all coordinators in the previous year
at each eligible entity with an existing Family
Self-Sufficiency program that meets applicable
performance standards set by the Secretary.
``(ii) Second priority.--New or incremental
coordinator funding authorized under this
section.
``(B) Guidance.--If the first priority, as
described in subparagraph (A)(i), cannot be fully
satisfied, the Secretary may prorate the funding for
each eligible entity, as long as--
``(i) each eligible entity that has
received funding for at least one part-time
coordinator in the prior fiscal year is
provided sufficient funding for at least one
part-time coordinator as part of any such
proration; and
``(ii) each eligible entity that has
received funding for at least one full-time
coordinator in the prior fiscal year is
provided sufficient funding for at least one
full-time coordinator as part of any such
proration.
``(4) Recapture or offset.--Any awards allocated under this
subsection by the Secretary in a fiscal year that have not been
spent by the end of the subsequent fiscal year or such other
time period as determined by the Secretary may be recaptured by
the Secretary and shall be available for providing additional
awards pursuant to paragraph (2)(B), or may be offset as
determined by the Secretary. Funds appropriated pursuant to
this section shall remain available for 3 years in order to
facilitate the re-use of any recaptured funds for this purpose.
``(5) Performance reporting.--Programs under this section
shall be required to report the number of families enrolled and
graduated, the number of established escrow accounts and
positive escrow balances, and any other information that the
Secretary may require. Program performance shall be reviewed
periodically as determined by the Secretary.
``(6) Incentives for innovation and high performance.--The
Secretary may reserve up to 5 percent of the amounts made
available under this subsection to provide support to or reward
Family Self-Sufficiency programs based on the rate of
successful completion, increased earned income, or other
factors as may be established by the Secretary.'';
(12) in subsection (j)--
(A) by striking ``public housing agency'' the first
place such term appears and inserting ``eligible
entity'';
(B) by striking ``public housing'' before
``units'';
(C) by striking ``in public housing projects
administered by the agency'';
(D) by inserting ``or coordination'' after
``provision''; and
(E) by striking the last sentence;
(13) in subsection (k), by striking ``public housing
agencies'' and inserting ``eligible entities'';
(14) by striking subsection (n);
(15) by striking subsection (o);
(16) by redesignating subsections (l) and (m) as
subsections (m) and (n), respectively;
(17) by inserting after subsection (k) the following:
``(l) Programs for Tenants in Privately Owned Properties With
Project-Based Assistance.--
``(1) Voluntary availability of fss program.--The owner of
a privately owned property may voluntarily make a Family Self-
Sufficiency program available to the tenants of such property
in accordance with procedures established by the Secretary.
Such procedures shall permit the owner to enter into a
cooperative agreement with a local public housing agency that
administers a Family Self-Sufficiency program or, at the
owner's option, operate a Family Self-Sufficiency program on
its own or in partnership with another owner. An owner, who
voluntarily makes a Family Self-Sufficiency program available
pursuant to this subsection, may access funding from any
residual receipt accounts for the property to hire a family
self-sufficiency coordinator or coordinators for their program.
``(2) Cooperative agreement.--Any cooperative agreement
entered into pursuant to paragraph (1) shall require the public
housing agency to open its Family Self-Sufficiency program
waiting list to any eligible family residing in the owner's
property who resides in a unit assisted under project-based
rental assistance.
``(3) Treatment of families assisted under this
subsection.--A public housing agency that enters into a
cooperative agreement pursuant to paragraph (1) may count any
family participating in its Family Self-Sufficiency program as
a result of such agreement as part of the calculation of the
award under subsection (i).
``(4) Escrow.--
``(A) Cooperative agreement.--A cooperative
agreement entered into pursuant to paragraph (1) shall
provide for the calculation and tracking of the escrow
for participating residents and for the owner to make
available, upon request of the public housing agency,
escrow for participating residents, in accordance with
paragraphs (2) and (3) of subsection (e), residing in
units assisted under section 8.
``(B) Calculation and tracking by owner.--The owner
of a privately owned property who voluntarily makes a
Family Self-Sufficiency program available pursuant to
paragraph (1) shall calculate and track the escrow for
participating residents and make escrow for
participating residents available in accordance with
paragraphs (2) and (3) of subsection (e).
``(5) Exception.--This subsection shall not apply to
properties assisted under section 8(o)(13).
``(6) Suspension of enrollment.--In any year, the Secretary
may suspend the enrollment of new families in Family Self-
Sufficiency programs under this subsection based on a
determination that insufficient funding is available for this
purpose.'';
(18) in subsection (m), as so redesignated--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``Each public housing agency'' and inserting
``Each eligible entity'';
(ii) in the second sentence, by striking
``The report shall include'' and inserting
``The contents of the report shall include'';
and
(iii) in subparagraph (D)--
(I) by striking ``public housing
agency'' and inserting ``eligible
entity''; and
(II) by striking ``local''; and
(B) in paragraph (2), by inserting ``and describing
any additional research needs of the Secretary to
evaluate the effectiveness of the program'' after
``under paragraph (1)'';
(19) in subsection (n), as so redesignated, by striking
``may'' and inserting ``shall''; and
(20) by adding at the end the following:
``(o) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity that meets the requirements under subsection (c)(2) to
administer a Family Self-Sufficiency program under this
section.
``(2) Eligible family.--The term `eligible family' means a
family that meets the requirements under subsection (c)(1) to
participate in the Family Self-Sufficiency program under this
section.
``(3) Participating family.--The term `participating
family' means an eligible family that is participating in the
Family Self-Sufficiency program under this section.''.
(b) Effective Date.--Not later than 360 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall issue notice or regulations to implement this Act and any
amendments made by this Act, and this Act and any amendments made by
this Act shall take effect upon such issuance.
Passed the House of Representatives January 17, 2018.
Attest:
KAREN L. HAAS,
Clerk.