Editorial Notes
References in Text

The Workforce Investment Act of 1998, referred to in subsec. (span)(3)(A), is Puspan. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Puspan. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of this Act to the Code, see Tables.

The Workforce Innovation and Opportunity Act, referred to in subsecs. (g)(2) and (h)(2), (3)(H), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Amendments

2018—Subsec. (a). Puspan. L. 115–174, § 306(a)(1), struck out “public housing and” after “coordinate use of” and substituted “sections 1437f and 1437g of this title” for “the certificate and voucher programs under section 1437f of this title”.

Subsec. (span). Puspan. L. 115–174, § 306(a)(2), amended subsec. (span) generally. Prior to amendment, subsec. (span) related to establishment of program.

Subsec. (c). Puspan. L. 115–174, § 306(a)(5), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 115–174, § 306(a)(4), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Puspan. L. 115–174, § 306(a)(6)(A), substituted “Each eligible entity” for “Each public housing agency”, “a household member of an eligible family” for “each leaseholder receiving assistance under the certificate and voucher programs of the public housing agency under section 1437f of this title or residing in public housing administered by the agency”, and “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.” for “The contract shall provide that the public housing agency may terminate or withhold assistance under section 1437f of this title and services under paragraph (2) of this subsection if the public housing agency determines, through an administrative grievance procedure in accordance with the requirements of section 1437d(k) of this title, that the family has failed to comply with the requirements of the contract without good cause (which may include a loss or reduction in access to supportive services, or a change in circumstances that makes the family or individual unsuitable for participation).”

Subsec. (d)(2). Puspan. L. 115–174, § 306(a)(6)(B)(i), in introductory provisions, substituted “An eligible entity” for “A local program under this section”, “shall coordinate” for “shall provide”, “for each participating family” for “to each participating family”, “coordinated for” for “provided during”, and “pursuant to section 1437f or 1437g of this title and for the duration of the contract of participation” for “under section 1437f of this title or residing in public housing” and inserted “, but are not limited to” after “may include”.

Subsec. (d)(2)(D). Puspan. L. 115–174, § 306(a)(6)(B)(ii), inserted “or attainment of a high school equivalency certificate” after “completion of high school”.

Subsec. (d)(2)(E), (F). Puspan. L. 115–174, § 306(a)(6)(B)(iv), (v), added subpar. (E) and redesignated former subpar. (E) as (F). Former subpar. (F) redesignated (G).

Subsec. (d)(2)(G). Puspan. L. 115–174, § 306(a)(6)(B)(iii), (iv), redesignated subpar. (F) as (G) and struck out former subpar. (G) which read as follows: “training in homemaking and parenting skills;”.

Subsec. (d)(2)(H). Puspan. L. 115–174, § 306(a)(6)(B)(vi), inserted “financial literacy, such as training in financial management, financial coaching, and asset building, and” after “training in”.

Subsec. (d)(2)(J), (K). Puspan. L. 115–174, § 306(a)(6)(B)(iv), (vii), (viii), added subpar. (J) and redesignated former subpar. (J) as (K).

Subsec. (d)(3). Puspan. L. 115–174, § 306(a)(6)(C), inserted “the first recertification of income after” after “not later than 5 years after”, substituted “eligible entity” for “public housing agency”, and struck out “of the agency” after “upon a finding”.

Subsec. (d)(4). Puspan. L. 115–174, § 306(a)(6)(D), amended par. (4) generally. Prior to amendment, text read as follows: “The contract of participation shall require the head of the participating family to seek suitable employment during the term of the contract. The public housing agency may, during such period, provide counseling for the family with respect to affordable rental and homeownership opportunities in the private housing market and money management counseling.”

Subsec. (d)(5). Puspan. L. 115–174, § 306(a)(6)(E), added par. (5).

Subsec. (e). Puspan. L. 115–174, § 306(a)(4), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(1). Puspan. L. 115–174, § 306(a)(7)(A), substituted “shall be calculated under the rental provisions of section 1437a of this title or section 1437f(o) of this title, as applicable.” for “whose monthly adjusted income does not exceed 50 percent of the area median income for occupancy in the public housing unit or dwelling unit assisted under section 1437f of this title may not be increased on the basis of any increase in the earned income of the family, unless the increase results in an income exceeding 50 percent of the area median income. The Secretary shall provide for increased rents for participating families whose incomes are between 50 and 80 percent of the area median income, so that any family whose income increases to 80 percent or more of the area median income pays 30 percent of the family’s monthly adjusted income for rent. Upon completion of the contract of participation, if the participating family continues to qualify for and reside in a dwelling unit in public housing or housing assisted under section 1437f of this title, the rent charged the participating family shall be increased (if applicable) to 30 percent of the monthly adjusted income of the family.”

Subsec. (e)(2). Puspan. L. 115–174, § 306(a)(7)(B), substituted “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 1437a or 1437f(o) of this title, 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 1437f or 1437g of this title for purposes of making the escrow deposit for participating families assisted under, or residing in units assisted under, section 1437f or 1437g of this title, respectively, provided such funds are offset by the increase in the amount of rent paid by the participating family.” for “For each participating family whose monthly adjusted income is less than 50 percent of the area median income, the difference between 30 percent of the adjusted income of the participating family and the amount of rent paid by a participating family shall be placed in an interest-bearing escrow account established by the public housing agency on behalf of the participating family.”, “All Family Self-Sufficiency programs administered under this section shall include an escrow account.” for “For families with incomes between 50 and 80 percent of the area median income, the Secretary shall provide for escrow of the difference between 30 percent of the family income and the amount paid by the family for rent as determined by the Secretary under paragraph (1).”, “under subsection (d)” for “under subsection (c)”, “An eligible entity” for “A public housing agency”, and “as determined by such eligible entity” for “as determined by the public housing agency”.

Subsec. (e)(3). Puspan. L. 115–174, § 306(a)(7)(C), amended par. (3) generally. Prior to amendment, text read as follows: “Each public housing agency carrying out a local program under this section shall establish a plan to offer incentives to families to encourage families to participate in the program. The plan shall require the establishment of escrow savings accounts under paragraph (2) and may include any other incentives designed by the public housing agency.”

Subsec. (f). Puspan. L. 115–174, § 306(a)(4), (8), redesignated subsec. (e) as (f) and struck out before period at end “, 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)”. Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 115–174, § 306(a)(4), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(1). Puspan. L. 115–174, § 306(a)(9)(A), substituted “Each eligible entity” for “Each public housing agency”, “subsection (h)” for “subsection (g)”, and “such eligible entity” for “the public housing agency”.

Subsec. (g)(2). Puspan. L. 115–174, § 306(a)(9)(B), substituted “eligible entity” for “public housing agency” in two places, struck out “or the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act” after “under title I of the Workforce Innovation and Opportunity Act”, and inserted “primary, secondary, and post-secondary” after “public and private” and “and tenants served by the program” after “the unit of general local government”.

Subsec. (h). Puspan. L. 115–174, § 306(a)(4), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(1). Puspan. L. 115–174, § 306(a)(10)(A), substituted “eligible entity” for “public housing agency” and “carrying out a” for “participating in the” and struck out “to the Secretary” after “to submit”.

Subsec. (h)(2). Puspan. L. 115–174, § 306(a)(10)(B), substituted “eligible entity” for “public housing agency”, “subsection (g)” for “subsection (f)”, and “the current and prospective participants of the program” for “residents of the public housing” and struck out “or the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act” after “under title I of the Workforce Innovation and Opportunity Act”.

Subsec. (h)(3)(C). Puspan. L. 115–174, § 306(a)(10)(C)(i), substituted “subsection (d)(2)” for “subsection (c)(2)”, “coordinated on behalf of participating” for “provided to”, and “sections 1437f and 1437g of this title” for “the section 8 and public housing programs” and inserted “direct” before “assistance”.

Subsec. (h)(3)(D). Puspan. L. 115–174, § 306(a)(10)(C)(ii), substituted “subsection (e)” for “subsection (d)” and “eligible entity” for “public housing agency”.

Subsec. (h)(3)(E). Puspan. L. 115–174, § 306(a)(10)(C)(iii), substituted “coordinate” for “deliver”.

Subsec. (h)(3)(H). Puspan. L. 115–174, § 306(a)(10)(C)(iv), struck out “the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act and” after “coordinated with”.

Subsec. (h)(3)(I). Puspan. L. 115–174, § 306(a)(10)(C)(v), substituted “assistance under section 1437f or 1437g of this title” for “public housing or section 8 assistance”.

Subsec. (i). Puspan. L. 115–174, § 306(a)(11), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to allowable public housing agency administrative fees and costs.

Puspan. L. 115–174, § 306(a)(3), (4), redesignated subsec. (h) as (i) and struck out former subsec. (i) which related to public housing agency incentive award allocation.

Subsec. (j). Puspan. L. 115–174, § 306(a)(12), substituted “Each eligible entity” for “Each public housing agency” and “units” for “public housing units in public housing projects administered by the agency”, inserted “or coordination” after “provision”, and struck out at end “The use of the facilities of a public housing agency under this subsection shall not affect the amount of assistance provided to the agency under section 1437g of this title.”

Subsec. (k). Puspan. L. 115–174, § 306(a)(13), substituted “eligible entities” for “public housing agencies”.

Subsec. (l). Puspan. L. 115–174, § 306(a)(17), added subsec. (l). Former subsec. (l) redesignated (m).

Subsec. (m). Puspan. L. 115–174, § 306(a)(16), redesignated subsec. (l) as (m). Former subsec. (m) redesignated (n).

Subsec. (m)(1). Puspan. L. 115–174, § 306(a)(18)(A)(i), (ii), in introductory provisions, substituted “Each eligible entity” for “Each public housing agency” and “The contents of the report shall include” for “The report shall include”.

Subsec. (m)(1)(D). Puspan. L. 115–174, § 306(a)(18)(A)(iii), substituted “eligible entity” for “public housing agency” and struck out “local” before “program coordinating committee”.

Subsec. (m)(2). Puspan. L. 115–174, § 306(a)(18)(B), inserted “and describing any additional research needs of the Secretary to evaluate the effectiveness of the program” after “under paragraph (1)”.

Subsec. (n). Puspan. L. 115–174, § 306(a)(14), (16), (19), redesignated subsec. (m) as (n), substituted “shall submit” for “may submit”, and struck out former subsec. (n) which related to definitions.

Subsec. (o). Puspan. L. 115–174, § 306(a)(15), (20), added subsec. (o) and struck out former subsec. (o) which related to effective date and regulations.

2014—Subsec. (span)(2)(A). Puspan. L. 113–128, § 512(ii)(1), substituted “lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Innovation and Opportunity Act” for “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”.

Subsec. (f)(2). Puspan. L. 113–128, § 512(ii)(2), substituted “the local agencies (if any) responsible for carrying out programs under title I of the Workforce Innovation and Opportunity Act or the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act,” for “the local agencies (if any) responsible for carrying out programs under title I of the Workforce Investment Act of 1998 or the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act,”.

Subsec. (g)(2). Puspan. L. 113–128, § 512(ii)(3)(A), substituted “any local agencies responsible for programs under title I of the Workforce Innovation and Opportunity Act or the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act” for “any local agencies responsible for programs under title I of the Workforce Investment Act of 1998 or the Jospan Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act”.

Subsec. (g)(3)(H). Puspan. L. 113–128, § 512(ii)(3)(B), substituted “programs under title I of the Workforce Innovation and Opportunity Act and any other relevant employment, child care, transportation, training, and education programs in the applicable area” for “programs under title I of the Workforce Investment Act of 1998 and any other relevant employment, child care, transportation, training, and education programs in the applicable area”.

1998—Subsec. (span)(1)(A). Puspan. L. 105–276, § 509(a)(1)(A)(i), struck out “and” at end.

Subsec. (span)(1)(B). Puspan. L. 105–276, § 509(a)(1)(A)(ii), substituted “, subject to the limitations in paragraph (4); and” for period at end.

Subsec. (span)(1)(C). Puspan. L. 105–276, § 509(a)(1)(A)(iii), added subpar. (C).

Subsec. (span)(2)(A). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(23)(A)], struck out “the Jospan Training Partnership Act or” after “programs under”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(31)(A)], substituted “the Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998 or the” for “the Jospan Training Partnerships Act or the”.

Subsec. (span)(3). Puspan. L. 105–276, § 509(a)(1)(B), substituted “Subject to paragraph (4), each” for “Each” in introductory provisions.

Subsec. (span)(4), (5). Puspan. L. 105–276, § 509(a)(1)(C), (D), added par. (4) and redesignated former par. (4) as (5).

Subsec. (d)(3). Puspan. L. 105–276, § 509(a)(2), struck out heading and text of par. (3) relating to use of escrow savings accounts. Text read as follows: “Notwithstanding paragraph (3), a family that uses assistance under section 1437f(y) of this title to purchase a dwelling may use up to 50 percent of the amount in its escrow account established under paragraph (3) for a downpayment on the dwelling. In addition, after the family purchases the dwelling, the family may use any amounts remaining in the escrow account to cover the costs of major repair and replacement needs of the dwelling. If a family defaults in connection with the loan to purchase a dwelling and the mortgage is foreclosed, the remaining amounts in the escrow account shall be recaptured by the Secretary.”

Subsec. (f)(1). Puspan. L. 105–276, § 509(a)(3), inserted “carrying out a local program under this section” after “Each public housing agency”.

Subsec. (f)(2). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(23)(B)], struck out “the Jospan Training Partnership Act or” after “programs under”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(31)(B)], substituted “programs under the Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998 or the” for “programs under the Jospan Training Partnership Act and the”.

Subsec. (g)(2). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(23)(C)(i)], struck out “the Jospan Training Partnership Act or” after “programs under”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(31)(C)(i)], substituted “programs under the Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998 or the” for “for programs under the Jospan Training Partnership Act and the”.

Subsec. (g)(3)(H). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(23)(C)(ii)], struck out “the Jospan Training Partnership Act or” after “programs under”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(31)(C)(ii)], substituted “programs under the Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998 and any other” for “program under the Jospan Training Partnership Act and any other”.

1996—Subsec. (m). Puspan. L. 104–316 substituted “may” for “shall” after “United States”, struck out “(1) In general.—” before “The Comptroller General”, and struck out par. (2) which read as follows:

“(2) Timing.—The Comptroller General shall submit the following reports under this subsection:

“(A) An interim report, not later than the expiration of the 2-year period beginning on November 28, 1990.

“(B) A final report, not later than the expiration of the 5-year period beginning on November 28, 1990.”

Subsec. (o)(2). Puspan. L. 104–330 struck out heading and text of par. (2). Text read as follows: “Notwithstanding any other provision of law, the provisions of this section shall be optional for Indian housing authorities.”

1992—Subsec. (span)(2). Puspan. L. 102–550, § 106(span), added subpars. (A) to (D) and concluding provisions and struck out former subpars. (A) to (D) which read as follows:

“(A) lack of supportive services funding;

“(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.”

Subsec. (span)(4). Puspan. L. 102–550, § 106(c), added par. (4).

Subsec. (c)(1). Puspan. L. 102–550, § 106(d), in second sentence, inserted “, shall establish specific interim and final goals by which compliance with and performance of the contract may be measured,” after “program” and substituted last sentence for former last sentence which read as follows: “The contract shall provide that the public housing agency may terminate or withhold assistance under section 1437f of this title and services under paragraph (2) of this section if the family fails to comply with the requirements under the contract.”

Subsec. (c)(2). Puspan. L. 102–550, § 106(e), struck out “to each participating family” after “paragraph (1)” in introductory provisions.

Subsec. (d). Puspan. L. 102–550, § 106(g)(1), substituted “Incentives for participation” for “Maximum rents and escrow savings accounts” in heading.

Subsec. (d)(2). Puspan. L. 102–550, § 106(f), substituted “after the family ceases to receive income assistance under Federal or State welfare programs, upon successful performance of the obligations of the family under the contract of participation entered into by the family under subsection (c), as determined according to the specific goals and terms included in the contract, and under other circumstances in which the Secretary determines an exception for good cause is warranted. A public housing agency establishing such escrow accounts may make certain amounts in the accounts available to the participating families before full performance of the contract obligations based on compliance with, and completion of, specific interim goals included in the contract; except that any such amounts shall be used by the participating families for purposes consistent with the contracts of participation, as determined by the public housing agency.” for “only after the family is no longer a recipient of any Federal, State, or other public assistance for housing.”

Subsec. (d)(3). Puspan. L. 102–550, § 185(span), added par. (3) relating to use of escrow savings accounts.

Puspan. L. 102–550, § 106(g)(2), added par. (3) relating to a plan to offer incentives.

Subsec. (g)(3)(D) to (I). Puspan. L. 102–550, § 106(h), added subpars. (D) and (I) and redesignated former subpars (D) to (G) as (E) to (H), respectively.

Subsec. (h)(2). Puspan. L. 102–550, § 106(a), amended last sentence generally. Prior to amendment, last sentence read as follows: “Of any amounts appropriated under section 1437g(c) of this title for each of fiscal years 1991 and 1992, $25,000,000 is authorized to be used for costs under this paragraph.”

Subsec. (n)(3) to (6). Puspan. L. 102–550, § 106(i), added par. (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and added par. (6).

Subsec. (o)(2). Puspan. L. 102–550, § 106(j), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “(2) Applicability to indian public housing.—In accordance with section 1437aa(span)(2) of this title, the provisions of this section shall also apply to public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.”

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment; Regulations

Puspan. L. 115–174, title III, § 306(span), May 24, 2018, 132 Stat. 1347, provided that:

“Not later than 360 days after the date of enactment of this Act [May 24, 2018], the Secretary of Housing and Urban Development shall issue regulations to implement this section [amending this section] and any amendments made by this section, and this section and any amendments made by this section shall take effect upon such issuance.”
[Final rule implementing section 306 of Puspan. L. 115–174 effective June 16, 2022, see 87 F.R. 30020.]

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date of 1998 Amendments

Amendment by section 101(f) [title VIII, § 405(d)(31)] of Puspan. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(23)] of Puspan. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Puspan. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.

Puspan. L. 105–276, title V, § 509(span), Oct. 21, 1998, 112 Stat. 2531, provided that:

“The amendments made by this subsection [probably means subsec. (a), amending this section] are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Puspan. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians.

GAO Study on Linking Federal Housing Assistance to Economic Self-Sufficiency Programs

Puspan. L. 101–625, title V, § 554(span), Nov. 28, 1990, 104 Stat. 4231, directed Comptroller General to submit to Congress, not later than 18 months after Nov. 28, 1990, a report (1) evaluating the policy and administrative implications of requiring State and local governments to require participation in an economic self-sufficiency program as a condition of the receipt of rental assistance under 42 U.S.C. 1437f and public housing assistance, (2) determining the additional costs to public housing agencies under such programs and recommending a change in the amount of the administrative fee under 42 U.S.C. 1437f(q) to cover the additional costs of carrying out the Family Self-Sufficiency Program under this section, and (3) examining how housing and social service policies affect beneficiaries, particularly persons receiving public assistance, when such beneficiaries gain employment and experience a rise in income.