H. R. 4194—78
‘‘(C) public housing agencies that only administer ten-
ant-based assistance and that do not own or operate public
housing.
‘‘(l) COMPLIANCE WITH PLAN.—
‘‘(1) IN GENERAL.—In providing assistance under this title,
a public housing agency shall comply with the rules, standards,
and policies established in the public housing agency plan
of the public housing agency approved under this section.
‘‘(2) INVESTIGATION AND ENFORCEMENT.—In carrying out
this title, the Secretary shall—
‘‘(A) provide an appropriate response to any complaint
concerning noncompliance by a public housing agency with
the applicable public housing agency plan; and
‘‘(B) if the Secretary determines, based on a finding
of the Secretary or other information available to the Sec-
retary, that a public housing agency is not complying with
the applicable public housing agency plan, take such
actions as the Secretary determines to be appropriate to
ensure such compliance.’’.
(b) IMPLEMENTATION.—
(1) INTERIM RULE.—Not later than 120 days after the date
of the enactment of this Act, the Secretary shall issue an
interim rule to require the submission of an interim public
housing agency plan by each public housing agency, as required
by section 5A of the United States Housing Act of 1937 (as
added by subsection (a) of this section). The interim rule shall
provide for a public comment period of not less than 60 days.
(2) FINAL REGULATIONS.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall issue
final regulations implementing section 5A of the United States
Housing Act of 1937 (as added by subsection (a) of this section).
(3) FACTORS FOR CONSIDERATION.—Before the publication
of the final regulations under paragraph (2), in addition to
public comments invited in connection with the publication
of the interim rule, the Secretary shall—
(A) seek recommendations on the implementation of
section 5A of the United States Housing Act of 1937 (as
added by this subsection (a) of this section) from organiza-
tions representing—
(i) State or local public housing agencies;
(ii) residents, including resident management cor-
porations; and
(iii) other appropriate parties; and
(B) convene not less than 2 public forums at which
the persons or organizations making recommendations
under subparagraph (A) may express views concerning the
proposed disposition of the recommendations.
The Secretary shall publish in the final rule a summary of
the recommendations made and public comments received and
the Department of Housing and Urban Development’s response
to such recommendations and comments.
(c) AUDIT AND REVIEW; REPORT.—
(1) AUDIT AND REVIEW.—Not later than 1 year after the
effective date of final regulations issued under subsection (b)(2),
in order to determine the degree of compliance, by public hous-
ing agencies, with public housing agency plans approved under
section 5A of the United States Housing Act of 1937 (as added
H. R. 4194—79
by subsection (a) of this section), the Comptroller General of
the United States shall conduct—
(A) a review of a representative sample of the public
housing agency plans approved under such section 5A
before such date; and
(B) an audit and review of the public housing agencies
submitting such plans.
(2) REPORT.—Not later than 2 years after the date on
which public housing agency plans are initially required to
be submitted under section 5A of the United States Housing
Act of 1937 (as added by subsection (a) of this section) the
Comptroller General of the United States shall submit to the
Congress a report, which shall include—
(A) a description of the results of each audit and review
under paragraph (1); and
(B) any recommendations for increasing compliance by
public housing agencies with their public housing agency
plans approved under section 5A of the United States Hous-
ing Act of 1937 (as added by subsection (a) of this section).
(d) CONTRACT PROVISIONS.—Section 6(a) of the United States
Housing Act of 1937 (42 U.S.C. 1437d(a)) is amended—
(1) in the first sentence, by inserting ‘‘, in a manner consist-
ent with the public housing agency plan’’ before the period;
and
(2) by striking the second sentence.
(e) APPLICABILITY.—This section shall take effect, and the
amendments made by this section are made on, and shall apply
beginning upon, the date of the enactment of this Act.
SEC. 512. COMMUNITY SERVICE AND FAMILY SELF-SUFFICIENCY
REQUIREMENTS.
(a) IN GENERAL.—Section 12 of the United States Housing
Act of 1937 (42 U.S.C. 1437j) is amended—
(1) in the section heading, by inserting ‘‘AND COMMUNITY
SERVICE REQUIREMENT’’ after ‘‘LABOR STANDARDS’’; and
(2) by adding at the end the following new subsections:
‘‘(c) COMMUNITY SERVICE REQUIREMENT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2)
and notwithstanding any other provision of law, each adult
resident of a public housing project shall—
‘‘(A) contribute 8 hours per month of community service
(not including political activities) within the community
in which that adult resides; or
‘‘(B) participate in an economic self-sufficiency program
(as that term is defined in subsection (g)) for 8 hours
per month.
‘‘(2) EXEMPTIONS.—The Secretary shall provide an exemp-
tion from the applicability of paragraph (1) for any individual
who—
‘‘(A) is 62 years of age or older;
‘‘(B) is a blind or disabled individual, as defined under
section 216(i)(1) or 1614 of the Social Security Act (42
U.S.C. 416(i)(1); 1382c), and who is unable to comply with
this section, or is a primary caretaker of such individual;
‘‘(C) is engaged in a work activity (as such term is
defined in section 407(d) of the Social Security Act (42
U.S.C. 607(d)), as in effect on and after July 1, 1997));
H. R. 4194—80
‘‘(D) meets the requirements for being exempted from
having to engage in a work activity under the State pro-
gram funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) or under any other welfare
program of the State in which the public housing agency
is located, including a State-administered welfare-to-work
program; or
‘‘(E) is in a family receiving assistance under a State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or under any other
welfare program of the State in which the public housing
agency is located, including a State-administered welfare-
to-work program, and has not been found by the State
or other administering entity to be in noncompliance with
such program.
‘‘(3) ANNUAL DETERMINATIONS.—
‘‘(A) REQUIREMENT.—For each public housing resident
subject to the requirement under paragraph (1), the public
housing agency shall, 30 days before the expiration of each
lease term of the resident under section 6(l)(1), review
and determine the compliance of the resident with the
requirement under paragraph (1) of this subsection.
‘‘(B) DUE
PROCESS.—Such determinations shall be
made in accordance with the principles of due process
and on a nondiscriminatory basis.
‘‘(C) NONCOMPLIANCE.— If an agency determines that
a resident subject to the requirement under paragraph
(1) has not complied with the requirement, the agency—
‘‘(i) shall notify the resident—
‘‘(I) of such noncompliance;
‘‘(II) that the determination of noncompliance
is subject to the administrative grievance proce-
dure under subsection (k); and
‘‘(III) that, unless the resident enters into an
agreement under clause (ii) of this subparagraph,
the resident’s lease will not be renewed; and
‘‘(ii) may not renew or extend the resident’s lease
upon expiration of the lease term and shall take such
action as is necessary to terminate the tenancy of
the household, unless the agency enters into an agree-
ment, before the expiration of the lease term, with
the resident providing for the resident to cure any
noncompliance with the requirement under paragraph
(1), by participating in an economic self-sufficiency pro-
gram for or contributing to community service as many
additional hours as the resident needs to comply in
the aggregate with such requirement over the 12-
month term of the lease.
‘‘(4) INELIGIBILITY FOR OCCUPANCY FOR NONCOMPLIANCE.—
A public housing agency may not renew or extend any lease,
or provide any new lease, for a dwelling unit in public housing
for any household that includes an adult member who was
subject to the requirement under paragraph (1) and failed
to comply with the requirement.
‘‘(5) INCLUSION IN PLAN.—Each public housing agency shall
include in its public housing agency plan a detailed description
H. R. 4194—81
of the manner in which the agency intends to implement and
administer this subsection.
‘‘(6) GEOGRAPHIC LOCATION.—The requirement under para-
graph (1) may include community service or participation in
an economic self-sufficiency program performed at a location
not owned by the public housing agency.
‘‘(7) PROHIBITION AGAINST REPLACEMENT OF EMPLOYEES.—
In carrying out this subsection, a public housing agency may
not—
‘‘(A) substitute community service or participation in
an economic self-sufficiency program, as described in para-
graph (1), for work performed by a public housing employee;
or
‘‘(B) supplant a job at any location at which community
work requirements are fulfilled.
‘‘(8) THIRD-PARTY COORDINATING.—A public housing agency
may administer the community service requirement under this
subsection directly, through a resident organization, or through
a contractor having experience in administering volunteer-
based community service programs within the service area
of the public housing agency. The Secretary may establish
qualifications for such organizations and contractors.
‘‘(d) TREATMENT OF INCOME CHANGES RESULTING FROM WEL-
FARE PROGRAM REQUIREMENTS.—
‘‘(1) COVERED
FAMILY.—For purposes of this subsection,
the term ‘covered family’ means a family that (A) receives
benefits for welfare or public assistance from a State or other
public agency under a program for which the Federal, State,
or local law relating to the program requires, as a condition
of eligibility for assistance under the program, participation
of a member of the family in an economic self-sufficiency pro-
gram, and (B) resides in a public housing dwelling unit or
is provided tenant-based assistance under section 8.
‘‘(2) DECREASES IN INCOME FOR FAILURE TO COMPLY.—
‘‘(A) IN GENERAL.—Notwithstanding the provisions of
section 3(a) (relating to family rental contributions) or para-
graph (4) or (5) of section 3(b) (relating to definition of
income and adjusted income), if the welfare or public assist-
ance benefits of a covered family are reduced under a
Federal, State, or local law regarding such an assistance
program because of any failure of any member of the family
to comply with the conditions under the assistance program
requiring participation in an economic self-sufficiency pro-
gram or imposing a work activities requirement, the
amount required to be paid by the family as a monthly
contribution toward rent may not be decreased, during
the period of the reduction, as a result of any decrease
in the income of the family (to the extent that the decrease
in income is a result of the benefits reduction).
‘‘(B) NO REDUCTION BASED ON TIME LIMIT FOR ASSIST-
ANCE.—For purposes of this paragraph, a reduction in bene-
fits as a result of the expiration of a lifetime time limit
for a family receiving welfare or public assistance benefits
shall not be considered to be a failure to comply with
the conditions under the assistance program requiring
participation in an economic self-sufficiency program or
imposing a work activities requirement. This paragraph