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[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.
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