[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3513 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3513

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2012

   Mr. Reed introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  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 Mandatory Programs.--
            ``(1) In general.--Each public housing agency that was 
        required to administer a mandatory 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 an 
        agency is required to operate such local program under 
        paragraph (1) shall be decreased by one for each family that, 
        after the date of enactment of the Family Self-Sufficiency Act 
        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 previously 
        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 1 adult family member seeks to 
                become and remain employed in suitable employment or to 
                increase earnings; and
                    ``(B) the family resides in a unit assisted under 
                sections 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 an eligible family under section 8 or 9.
                    ``(B) The owner or sponsor of a multifamily 
                property receiving rental assistance under section 8, 
                in accordance with the requirements under subsection 
                (l).'';
            (6) in subsection (d), as redesignated--
                    (A) in paragraph (1)--
                            (i) by striking ``public housing agency'' 
                        the first time it appears and inserting 
                        ``eligible entity'';
                            (ii) by striking ``the certificate and 
                        voucher programs of the public housing agency 
                        under section 8 or residing in public housing 
                        administered by the agency'' in the first 
                        sentence and inserting ``sections 8 or 9''; 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.'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) in the first sentence, by 
                                striking ``provide'' and inserting 
                                ``coordinate the provision of''; and
                                    (II) in the second sentence--
                                            (aa) by striking ``provided 
                                        during'' and inserting ``for'';
                                            (bb) by striking ``section 
                                        8 or residing in public 
                                        housing'' and inserting 
                                        ``sections 8 or 9''; and
                                            (cc) by inserting ``, but 
                                        is not limited to'' after ``may 
                                        include'';
                            (ii) in subparagraph (D), by inserting ``or 
                        attainment of a GED'' after ``high school'';
                            (iii) by striking subparagraph (G);
                            (iv) by redesignating subparagraphs (E), 
                        (F), (I), and (J) as subparagraphs (F), (G), 
                        (J), and (L) respectively;
                            (v) by adding the following after 
                        subparagraph (D):
                    ``(E) education in pursuit of a post-secondary 
                degree or certification;'';
                            (vi) by adding the following subparagraph 
                        after subparagraph (H):
                    ``(I) health and mental health services as 
                needed;'';
                            (vii) by adding the following subparagraph 
                        after subparagraph (J), as so redesignated:
                    ``(K) homeownership education and assistance; 
                and'';
                            (viii) by striking ``and'' at the end of 
                        subparagraph (J), as so redesignated; and
                            (ix) in subparagraph (H), by inserting 
                        ``financial literacy and'' after ``training 
                        in'';
                    (C) in paragraph (3), 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 participants to seek and maintain suitable 
        employment.''; and
                    (E) by adding at the end the following:
            ``(5) Nonparticipation.--Assistance under sections 8 or 9 
        for a family that elects not to participate in a local 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 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 participant that does 
        not qualify to receive the escrow, shall be used for the 
        purposes of this section in accordance with the regulations 
        promulgated by the Secretary.'';
            (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 ``to the Secretary, for 
                        approval by the Secretary,''; and
                            (iii) by striking ``participating in the'' 
                        and inserting ``carrying out a local'';
                    (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''; and
                                    (III) 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 Fees.--
            ``(1) In general.--Subject to appropriations, the Secretary 
        shall establish a fee to be awarded by formula 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 fee.--The fee established under 
        paragraph (1) shall provide funding for family self-sufficiency 
        coordinators as follows:
                    ``(A) Base fee.--An eligible entity serving 25 or 
                more participants in the Family Self-Sufficiency 
                program under this section is eligible to receive a fee 
                equal to the costs, as determined by the Secretary, of 
                one full-time family self-sufficiency coordinator 
                position. The Secretary may, by regulation or notice, 
                determine the policy concerning the fee for an eligible 
                entity serving fewer than 25 such participants, 
                including providing prorated fees or allowing such 
                entities to combine their programs under this section 
                for purposes of employing a coordinator.
                    ``(B) Additional fee.--An eligible entity that 
                meets performance standards set by the Secretary is 
                eligible to receive an additional fee sufficient to 
                cover the costs of filling a second 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 fee allocation evaluation 
                under subparagraph (F).
                    ``(C) Initial year.--For the first year in which an 
                eligible entity implements a Family Self-Sufficiency 
                program under this section for its residents, such 
                entity is eligible for funding to cover the costs of up 
                to one family self-sufficiency coordinator, based on 
                the size specified in its action plan for such program 
                in accordance with subparagraph (A).
                    ``(D) State and regional agencies.--For purposes of 
                calculating the family self-sufficiency portion of the 
                administrative fee under this paragraph, each 
                administratively distinct part of a State or regional 
                eligible entity may be treated as a separate agency.
                    ``(E) 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.
                    ``(F) Fee allocation evaluation.--The Secretary 
                shall submit to the Congress a report evaluating the 
                fee 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 2 such reports to the Congress.
            ``(3) 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 
                        size and performance standards set by the 
                        Secretary.
                            ``(ii) Second priority.--New or incremental 
                        coordinator funding authorized under this 
                        section, up to 3 coordinators per eligible 
                        entity.
                            ``(iii) Final priority.--Any other 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 1 coordinator in 
                        the prior fiscal year is provided sufficient 
                        funding for at least 1 coordinator as part of 
                        any such proration; or
                            ``(ii) each eligible entity that has 
                        received funding for at least 1 full-time 
                        coordinator in the prior fiscal year is 
                        provided sufficient funding for at least 1 
                        full-time coordinator as part of any such 
                        proration.
            ``(4) Recapture or offset.--Any fees 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 
        fees pursuant to paragraph (2)(B), or may be offset as 
        determined by the Secretary.
            ``(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 for administrative fees 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'' 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'' before ``of 
                supportive services''; 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 subsection 
        (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 local Family 
        Self-Sufficiency program available to the tenants of such 
        property by entering into a cooperative agreement with a local 
        public housing agency that administers a Family Self-
        Sufficiency 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 is assisted under project-based section 8.
            ``(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 
        administrative fee under subsection (i).
            ``(4) Escrow.--The 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 
        subsection (e)(2), residing in units assisted under section 8.
            ``(5) No existing local program option.--If there is no 
        existing local Family Self-Sufficiency program or public 
        housing agency willing and able to enter into a cooperative 
        agreement with an owner pursuant to paragraph (1), such owner 
        may administer a Family Self-Sufficiency program under this 
        section without being eligible for funding under subsection 
        (i). If such owner administers a program that serves at least 
        25 participants, that owner shall be eligible for funding under 
        subsection (i) or may use funding from residual receipt 
        accounts for the property for hiring a service coordinator for 
        the program.
            ``(6) Exception.--This subsection shall not apply to 
        properties assisted under section 8(o)(13).
            ``(7) 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.''; and
            (18) in subsection (m), as so redesignated--
                    (A) by striking ``Reports.--'' and all that follows 
                through ``Each public housing agency'' and inserting 
                ``Reports.--Each eligible entity'';
                    (B) by striking ``The report shall include'' and 
                inserting ``The contents of the report shall be 
                determined by the Secretary and shall include.''; and
                    (C) in paragraph (2), by inserting before the first 
                period the following: ``and describing any additional 
                research needs of the Secretary to evaluate the 
                effectiveness of the program''.
    (b) Effective Date.--This Act, and any amendments made by this Act, 
shall take effect on publication in the Federal Register of a notice by 
the Secretary of Housing and Urban Development to implement such 
amendments.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the amendments 
made by this Act $100,000,000 for each of fiscal years 2013 through 
2017.
                                 <all>