Streamlining and Implementation of Economic Growth, Regulatory Relief, and Consumer Protection Act Changes to Family Self-Sufficiency (FSS) Program

As Enacted ( Federal Register)

Cited authorities 9

Cited in

Citation	85 FR 59234
Record Number	2020-18896
Published date	21 September 2020
Court	Housing And Urban Development Department

59234

Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules

The Native American Housing Assistance and

Self Determination Act of 1996 (25 U.S.C. 4101 et

seq.) (NAHASDA) removed the application of the

FSS program to IHAs.

‘‘Notice of FSS Program Guidelines’’ September

30, 1991 at 56 FR 49592.

By direction of the Commission,

Commissioner Slaughter and Commissioner

Wilson not participating.

April J. Tabor,

Acting Secretary.

[FR Doc. 2020–19176 Filed 9–18–20; 8:45 am]

BILLING CODE 6750–01–C

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Parts 887 and 984

[Docket No. FR–6114–P–01]

RIN 2577–AD09

Streamlining and Implementation of

Economic Growth, Regulatory Relief,

and Consumer Protection Act Changes

to Family Self-Sufficiency (FSS)

Program

AGENCY

: Office of the Assistant

Secretary for Public and Indian

Housing, HUD, and Office of the

Assistant Secretary for Housing—

Federal Housing Commissioner, HUD.

ACTION

: Proposed rule.

SUMMARY

: The Economic Growth,

Regulatory Relief, and Consumer

Protection Act (‘‘the Economic Growth

Act’’) was signed into law on May 24,

2018, amending HUD’s Family Self-

Sufficiency (FSS) program. Section 306

of the Act made multiple amendments

to the FSS program, including changes

to the size calculation for the FSS

program, expanding the definition of

eligible family to include tenants of

certain privately owned multifamily

projects subsidized with Project-Based

Rental Assistance (PBRA), updating the

FSS Contract of Participation (CoP),

reducing burdens on Public Housing

Agencies (PHAs) and multifamily

assisted housing owners, clarifying

escrow account requirements, and

updating the program coordinator and

action plan requirements. This proposed

rule also includes additional changes to

reduce burden and streamline the

program for PHAs, owners, and eligible

families.

DATES

: Comment due date: November

20, 2020.

ADDRESSES

: Interested persons are

invited to submit comments regarding

this proposed rule. All communications

must refer to the above docket number

and title. There are two methods for

submitting public comments.

1. Submission of Comments by Mail.

Comments may be submitted by mail to

the Regulations Division, Office of

General Counsel, U.S. Department of

Housing and Urban Development, 451

7th Street SW, Room 10276,

Washington, DC 20410–0500.

2. Electronic Submission of

Comments. Interested persons may

submit comments electronically through

the Federal eRulemaking Portal at

www.regulations.gov. HUD strongly

encourages commenters to submit

comments electronically. Electronic

submission of comments allows the

commenter maximum time to prepare

and submit a comment, ensures timely

receipt by HUD, and enables HUD to

make comments immediately available

to the public. Comments submitted

electronically through the

www.regulations.gov website can be

viewed by other commenters and

interested members of the public.

Commenters should follow the

instructions provided on that site to

submit comments electronically.

Note: To receive consideration as

public comments, comments must be

submitted through one of the two

methods specified above. All

submissions must refer to the docket

number and title of the rule.

No Facsimile Comments. Facsimile

(FAX) comments are not acceptable.

Public Inspection of Public

Comments. All properly submitted

comments and communications

submitted to HUD will be available for

public inspection and copying between

8 a.m. and 5 p.m., weekdays, at the

above address. Due to security measures

at the HUD Headquarters building, an

advance appointment to review the

public comments must be scheduled by

calling the Regulations Division at 202–

708–3055 (this is not a toll-free

number). Individuals with speech or

hearing impairments may access this

number via TTY by calling the toll-free

Federal Relay Service at 800–877–8339.

Copies of all comments submitted are

available for inspection and

downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT

: For

Public Housing FSS contact Anice S.

Chenault, Office of Public and Indian

Housing, U.S. Department of Housing

and Urban Development, 451 7th Street

SW, Room 4120, Washington, DC 20410;

telephone number 502–618–6163 (this

is not a toll-free number); and for

Multifamily FSS contact Carissa L.

Janis, Office of Multifamily Housing

Programs, U.S. Department of Housing

and Urban Development, 451 7th Street

SW, Room 6152, Washington, DC 20410;

telephone number 202–402–2487 (this

is not a toll-free number). The public is

encouraged to email questions to FSS@

hud.gov. Persons with hearing or speech

impairments may access this number

through TTY by calling the toll-free

Federal Relay Service at 800–877–8339.

SUPPLEMENTARY INFORMATION

I. Background

In 1990, section 554 of the Cranston

Gonzalez National Affordable Housing

Act (Pub. L. 101–625, approved

November 28, 1990) amended the

United States Housing Act of 1937 by

adding a new Section 23 (42 U.S.C.

1437u) to create the FSS program. The

FSS program requires that PHAs) and

Indian Housing Authorities (IHAs)

use

Public and Indian Housing assistance

and Section 8 Housing assistance rental

voucher programs, together with public

and private resources, to provide

supportive services, case management,

and an escrow account to participating

families, with the intent to help families

achieve economic independence and

self-sufficiency. The goal of the program

is to enable participating low-income

families to increase their earned income

and reduce their dependency on welfare

assistance and rental subsidies. FSS

program coordinators create plans with

participating families to achieve goals

and connect them with services that

will assist the family in making progress

toward economic security. As the

family’s earnings increase, the

difference between the original rent and

the rent that increases due to increased

earned income is credited to an interest-

bearing escrow account on behalf of the

family. Families that meet program

requirements and successfully complete

the FSS program receive their accrued

FSS escrow funds, plus interest. No

formal restrictions exist on the use of

the escrowed funds, but many families

use the funds to help with the purchase

of a home, debt reduction, post-

secondary education, or to start a new

business.

In September 1991, HUD initially

implemented the FSS program by

notice

and the following year made

several additional changes to the FSS

program to implement amendments

made by the Housing and Community

Development Act of 1992 (Pub. L. 102–

550), approved October 28, 1992 (the

1992 Act). (See section 106 of the 1992

Act.) On May 27, 1993, HUD issued an

interim final rule implementing the FSS

program in its Indian Housing program

at 24 CFR part 905, Public Housing

program regulations at 24 CFR part 962,

and Section 8 program regulations at 24

CFR part 984. 56 FR 49588. On March

5, 1996, HUD streamlined the FSS

program by consolidating the Public

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Housing and the Section 8 FSS

regulations and by eliminating

redundant or otherwise unnecessary

provisions into 24 CFR part 984. 61 FR

8814.

On October 26, 1996, the Native

American Housing Assistance and Self-

Determination Act of 1996 (NAHASDA)

(25 U.S.C. 4101 et seq.) amended the

United States Housing Act of 1937 by

removing the language applying the FSS

program to IHAs. HUD subsequently

removed the FSS regulations applicable

to the Indian Housing program. 63 FR

12334. Lastly, on March 29, 2000, HUD

implemented changes to the FSS

program made by the Quality Housing

and Work Responsibility Act of 1998

(title V of the FY 1999 HUD

Appropriations Act, Pub. L. 105–276,

112 Stat. 2518, approved October 21,

1998), which amended the United States

Housing Act of 1937 (42 U.S.C. 1437, et

seq.) by changing the definition of

welfare assistance, the minimum

program size, action plan, and

portability. 65 FR 16691.

More recently, the 2015 Consolidated

Appropriations Act (Pub. L. 113–235),

approved December 26, 2014,

authorized a demonstration of the FSS

program for multifamily assisted

housing owners. In August 2016, HUD

provided the requirements for

multifamily assisted housing owners

seeking to implement a voluntary FSS

program by notice. See Family Self-

Sufficiency Program in Multifamily,

Housing Notice: H–2016–08, August 26,

2016. The notice incorporated many of

the definitions and requirements that

are found in 24 CFR part 984 and

applied them to the voluntary FSS

program for multifamily owners.

On May 24, 2018, the Economic

Growth, Regulatory Relief, and

Consumer Protection Act (the

‘‘Economic Growth Act’’) was signed

into law (Pub. L. 115–174), and section

306 of title III, Protection for Veterans,

Consumers and Homeowners, amended

the United States Housing Act of 1937

(42 U.S.C. 1437, et seq.), FSS program.

The changes include updating the

mandatory size of a PHA’s required FSS

program and available exceptions;

updating definition of eligible families;

allowing family members other than the

Head of Household to sign the Contract

of Participation (CoP) and to meet the

employment obligation; amending the

process for providing supportive

services; expanding the time period for

participating in the FSS program;

amending the requirements pertaining

to the management of the escrow

account, including the requirements for

forfeiture of the escrow funds; amending

the Program Coordinating Committee

(PCC) functions; and, establishing new

reporting requirements. Also, the

Economic Growth Act provided new

provisions for private owners of

multifamily assisted housing to set up

their own FSS program or enter into a

Cooperative Agreement with another

private owner or PHA to offer an FSS

program to the owner’s assisted

residents.

II. This Proposed Rule—Summary of

Changes

This proposed rule implements

changes and streamlines the FSS

program, removes any reference to the

certificate program and updates

definitions, as required by the Economic

Growth Act. HUD makes changes to the

existing FSS regulations at 24 CFR part

984 and adds a new 24 CFR part 887 to

address the FSS program for owners of

multifamily assisted housing. HUD also

updates references to PHAs and owners

and clarifies the provisions that would

apply to both when operating an FSS

program. Owners would be subject to

the requirements only if they are

operating a voluntary program pursuant

to cross-references in 24 CFR part 887.

The following describes the significant

changes to the regulation:

The Public Housing FSS Program

§ 984.101 Purpose, Applicability,

Scope

The purpose and applicability in

§ 984.101 has minor technical changes.

The scope of the regulations, paragraph

(c), is amended by removing subsections

(1), (2), (3)(i), and (3)(ii) and by adding

a generic reference to § 984.105, which

provides that PHAs must continue an

FSS program if they were required to

have one as of May 24, 2018. Therefore,

the citation to specific fiscal year (FY)

funding is removed and replaced by a

general requirement that PHAs receiving

funding under section 8(o) and section

9 are required to comply with § 984.105.

A non-participation paragraph is also

added to this section, to clarify that a

family’s rental assistance shall not be

delayed or terminated by reason of a

family electing not to participate in an

FSS program.

§ 984.102 Program Objectives

HUD makes a minor amendment to

this section, including a change

clarifying that HUD will evaluate the

performance of a local FSS program

using a scoring system that measures

graduation from the program, increased

earned income, program participation,

and similar factors, as provided by HUD

through a Federal Register notice.

§ 984.103 Definitions

The proposed rule streamlines and

adds clarity to the definition of eligible

families. The term ‘‘eligible families’’ is

defined under the proposed rule as

current Public Housing residents and

families receiving tenant-based or

project-based assistance under section

8(o). This means that participants in the

Housing Choice Voucher (HCV)

homeownership program (under section

8(y) of the U.S. Housing Act of 1937) are

not eligible to participate in the FSS

program. However, participants in the

Project Based Voucher (PBV) program

(under section 8(o)(13) of the U.S.

Housing Act of 1937) are eligible to

participate. The proposed regulations

include definitions for ‘‘owner’’ and

‘‘multifamily assisted housing’’ to

clarify the newly expanded applicability

of regulations for owners of multifamily

assisted housing (also known as Project-

Based Rental Assistance (PBRA)) under

section 8 of the 1937 Act.

Similarly, the following terms have

been added to provide clarity to the

process of calculating an FSS family’s

escrow: ‘‘baseline annual earned

income’’; ‘‘baseline monthly rent’’;

‘‘current annual earned income’’; and

‘‘current monthly rent.’’ In the

definition of baseline annual earned

income, the proposed rule instructs

PHAs and owners to add back any

disregard of earned income associated

with self-sufficiency initiatives that may

be applicable in the determination of

family income. This will help ensure

that escrow amounts are the result of

increases in earned income while the

family is in the FSS program (as

opposed to credit for progress made

before entering the FSS program).

Additionally, the definitions of

‘‘baseline monthly rent’’ and ‘‘current

monthly rent’’ take into account the use

of flat rents and ceiling rents for Public

Housing families. This ensures that

families paying a flat rent or ceiling rent

that is less than their income-based rent

will escrow only up to the amount of

rent that they are actually paying (flat/

ceiling rent). A definition for the term

‘‘FSS family in good standing’’ has been

added because this term is used in

§ 984.305(c)(1) and (f)(2) of the proposed

rule.

Section 306 of the Economic Growth

Act changes the requirement that a PHA

directly deliver supportive services, to

requiring that a PHA or owner must

only coordinate the availability of

supportive services but not directly

deliver. Also, section 306 makes slight

changes to the list of supportive services

that may be coordinated through the

FSS program. The proposed rule revises

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the definition of supportive services to

conform to these statutory changes.

The following terms have been

revised to conform to changes described

later in this preamble: ‘‘FSS family,’’

‘‘FSS slots,’’ ‘‘head of the FSS family,’’

and ‘‘Individual Training and Services

Plan’’ (ITSP). In addition, the following

terms have been removed because they

refer to obsolete programs that are no

longer referenced in the regulation: Job

Opportunities and Basic Skills Training

(JOBS) and Jobs Training and

Partnership Act (JTPA) programs. The

Economic Growth Act changed the term

of the FSS contract so an FSS family

will be required to fulfill their

obligations under the CoP no later than

5 years after the first recertification of

income after the execution date of the

contract. HUD is revising the definition

of the effective date of the CoP from the

first day of the month following the

month in which the parties executed the

contract to the date the parties execute

(sign) the contract.

Question 1: HUD requests feedback on

how the proposed rule defines the

effective date of the CoP. Specifically,

are there rent or other implications

which would cause the proposed

definition to be an issue?

§ 984.104 Basic Requirements of the

FSS Program

The proposed rule revises § 984.104 to

add reference to the regulatory citations

for the program.

§ 984.105 Minimum Program Size

Some PHAs are statutorily required to

operate an FSS program as a result of

accepting increased funding for

vouchers and Public Housing between

the inception of the FSS program in

1990 and the Quality Housing and Work

Responsibility Act in 1998. Current

regulation addresses the minimum

program size separately for the Public

Housing FSS and the Section 8 FSS

programs; however, FSS funding

streams have been combined since the

Consolidated Appropriations Act, 2014,

Public Law 113–76, 128 Stat. 5, enacted

January 17, 2014. This unification of the

FSS program is further reflected in

section 306 of the Economic Growth

Act. The proposed rule revises the

provisions concerning the

determination of the minimum program

size to conform to the unified FSS

program. Specifically, the proposed rule

clarifies that when determining the

minimum program size (i.e., the

minimum number of families that a

PHA must serve in its FSS program), the

relevant figure is the total number of

Public Housing units plus the total

number of Section 8 units. The

provisions concerning how to calculate

the reduction in the total number of

Public Housing units and Section 8

units over time, as used to determine

the minimum FSS program size, remain

the same. Therefore, the proposed rule

replaces the complex formula for

determining a PHA’s program size with

the language from the statute indicating

that a PHA’s program size must equal

the total number of families required to

be served as of May 24, 2018, as a

starting point.

PHAs should continue to use the

formula that HUD issued in its final rule

on March 5, 1996, 61 FR 8815,

consistent with the statutory

requirement that as of October 1, 1992,

the Secretary shall require PHAs that

administer assistance under subsection

(b) or (o) of 42 U.S.C. 1437f or makes

available new public housing dwelling

units, to carry out a local FSS program.

The proposed rule maintains

reference to the reduction of the

minimum program size in

§ 984.105(b)(2). Specifically, the

proposed rule revises that paragraph to

allow for a reduction of the minimum

program size by one slot for each family

that graduates from the FSS program,

from either rental assistance program

(Public Housing or Section 8) by

fulfilling its FSS CoP on or after October

21, 1998. This change conforms to

section 306 and to HUD’s

implementation of FSS alternative

requirements in the Waivers and

Alternative Requirements for the FSS

Program Federal Register Notice (79 FR

78100, December 29, 2014).

The proposed rule also conforms to

the list of local circumstances that make

it unfeasible for a PHA to operate an

FSS program and for which the PHA

may get HUD approval for an exception

to program operation or an exception to

operate a smaller program. HUD has

taken this opportunity to change the

duration of any HUD-approved

exception from 3three years to five

years. HUD proposes that an increase of

HUD-approved exceptions to five years

is a more reasonable timeframe and

provides for PHAs at the end of such

period, to restart the exception approval

process (if seeking to continue the

exception). Additionally, if

circumstances change within those five

years, PHAs are not required to carry

through the exception for the full five

years.

Question 2: HUD welcomes feedback

regarding this change. Specifically, do

commenters agree that five years is a

more reasonable duration for a HUD-

approved exception? Or is there another

timeframe that would more accurately

balance changes in circumstances and

the PHA’s administrative

responsibilities at the end of the

exception?

§ 984.106 Cooperative Agreements

Section 306 of the Economic Growth

Act provides that a PHA may enter into

a Cooperative Agreement with one or

more owners of multifamily properties

to voluntarily make an FSS program

available to the owner’s assisted tenants.

The PHA would manage the service

coordination for eligible families that

are covered under the Cooperative

Agreement. This new section would

provide that in addition to complying

with the rest of part 984, the PHA

administering the FSS program must do

so in accordance with the requirements

in this section. Those requirements are

as follows: (1) FSS program waiting lists

must be open to all eligible families

residing in the multifamily properties

covered by the Cooperative Agreement;

(2) escrow amounts must be managed by

each owner, including calculating and

tracking of the escrow must be done in

accordance with § 984.305; (3) an

owner’s assisted families covered by the

Cooperative Agreement may be part of

the calculation of the FSS award under

§§ 984.107 and 984.302; (4) FSS funds

awarded to the PHA may be used by the

PHA to serve an owner’s assisted

families covered by the Cooperative

Agreement; and (5) the Cooperative

Agreement must clearly specify the

terms and conditions of such agreement.

Question 3: HUD specifically requests

comments on whether this list is

comprehensive or if other items should

be required of PHAs and owners

entering into a Cooperative Agreement.

§ 984.107 FSS Award Funds Formula

Section 306 of the Economic Growth

Act provides the Secretary the authority

to award funds by formula and set forth

new procedures and processes. This

section incorporates the statutory

language providing that the Secretary

may establish a formula by which funds

for administration of the FSS program

are awarded and indicating any changes

to such formula, as permitted by statute,

are accomplished by notice in the

Federal Register.

§ 984.201 Action Plan

Technical revisions to the list of

parties who should be consulted in

developing an action plan and the

contents of the plan are included in this

section of the proposed rule, to conform

with the slight changes under section

306 of the Economic Growth Act.

Additionally, since all PHAs would

have already submitted an FSS Action

Plan, HUD has taken this opportunity to

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remove the reference to the initial

submission of an FSS Action Plan for

PHAs with mandatory programs. The

section also indicates that owners

operating a voluntary FSS program

would be required to have an approved

FSS Action Plan but distinguishes the

level of consultation required of PHAs

versus owners. This distinction, on FSS

requirements for owners in 24 CFR part

887, is discussed further below.

§ 984.202 Program Coordinating

Committee (PCC)

HUD takes this opportunity to revise

the provisions concerning required PCC

membership to streamline, simplify, and

unify such provisions. Specifically, the

proposed rule would continue to require

representatives from the participating

PHA to be members of the PCC and

require an FSS Coordinator or

Coordinators to be PCC members as

well. Additionally, the proposed rule

would require that at least one resident

participant from each HUD-assisted

program served by FSS is a member of

the PCC. PHAs would no longer be

required to formally solicit such

participants from the resident groups

identified in the regulation. Rather,

PHAs may seek such group’s assistance,

if needed, to identify such participants.

The provisions concerning

recommended membership in

§ 984.202(b)(2) and alternative

committees in § 984.202(c) have also

been revised to conform to changes

made in section 306 of the Economic

Growth Act. Specifically, reference to

the JOBS and JTPA programs have been

replaced with reference to programs

under the Workforce Innovation and

Opportunity Act. In addition, at least

one participant of each HUD-assisted

program served by FSS must be

consulted in determining whether to use

an existing entity as the PCC.

§ 984.302 FSS Funds

This rule adds that a PHA or owner

may use FSS funds for costs associated

with families who are enrolled in an

FSS program under this part, including

through a Cooperative Agreement with

an owner of multifamily assisted

housing in accordance with § 984.106.

§ 984.303 Contract of Participation

The Economic Growth Act revises the

requirement that the Head of Household

(for rental assistance purposes) must be

the person to execute the Contract of

Participation (CoP). Instead, it allows

any adult member of the FSS family to

execute the CoP. The proposed rule

revises paragraph (a) to incorporate this

change and clarifies that an adult family

member, as designated by the FSS

family in consultation with the PHA or

owner, is eligible to execute the

contract.

Question 4: While HUD has carefully

considered all areas of the regulation

that are impacted by this change, and

revised them accordingly, HUD requests

comment on whether there are other

places that such clarification should be

included.

The proposed rule revises the amount

of time a family must be independent

from welfare assistance prior to

expiration of the CoP, in § 984.303

(b)(2). Currently, one of the required

goals for a family is that it must be

independent from welfare assistance for

12 months before the expiration of the

FSS CoP. In this proposed rule, a family

must be independent from welfare at the

time of graduation from FSS but not

independent for a specified time period

prior to graduating from the FSS

program. This change would ensure that

an FSS family’s successful graduation,

and access to escrow funds, is not

jeopardized if they do not meet the 12-

month time period, if the family has

worked successfully towards all the

other goals. It also provides some

administrative relief to PHAs and

owners who would no longer have to

ensure that families have met the 12-

month time period. HUD welcomes

feedback regarding this change.

Specifically:

Question 5: Would commenters

recommend giving PHAs the discretion

to set a specified time period (up to a

maximum)? Is 12 months a reasonable

maximum? What are some of the

benefits and challenges PHAs face with

the current 12-month time period?

Question 6: How would requiring

families to be independent from welfare

for a specified time period link with

Temporary Assistance for Needy

Families (TANF) requirements? How

would it enhance or obstruct such

requirements?

Question X: Would removing the 12-

month requirement decrease the

incentive for participants to

permanently stay off welfare?

HUD adds language in paragraph

(b)(2) that the FSS family goals must

comply with the parameters of the FSS

terms and conditions as prescribed by

HUD, and the PHA or owner may not

modify or add additional required

activities that must be completed by

every participant. Specifically, HUD

requires that the CoP represent an

individualized training and service

plan, and, thus, PHAs and owners

should not require a certain number of

hours, rate of pay, or other mandatory

requirements that apply to all

participants across the board.

Consistent with the change to

paragraph (a), paragraph (b)(4) is

changed to reflect that employment

must be maintained by the head of the

FSS family, not the Head of Household,

consistent with the statutory change

permitting participation in the FSS

program by any adult member of the

family. Also, as required by the

Economic Growth Act, HUD is deleting

§ 984.303(b)(5)(iii), which currently

indicates that the PHA could terminate

or withhold the family’s Section 8

assistance for non-compliance with the

COP. Eliminating the ability of a PHA to

terminate or withhold assistance is

expected to incentivize greater

participation in the FSS program. With

respect to 984.303(d), HUD proposes to

expand the definition of ‘‘good cause’’

for a contract extension in paragraph

(d), to include the active pursuit of a

goal that will further self-sufficiency,

such as a college degree or credit repair

program. Additionally, any extension of

the contract must be made pursuant to

a current or additional stated goal for

the FSS family.

Question 7: HUD requests comments

on whether this definition should be

clarified to include additional

circumstances, like serious illness or

involuntary loss of employment, which

are already causes for extension.

Paragraph (g) is amended to remove

the provision that automatically

completes the FSS contract when thirty

percent (30%) of the family’s adjusted

monthly income equals or exceeds the

Fair Market Rent (FMR). HUD believes

that the thirty percent (30%) provision

no longer aligns effectively with current

HCV requirements and creates

confusion among FSS coordinators and

partners. Removal of this provision

would allow FSS families to use the FSS

program to its full potential.

Question 8: HUD requests comments

on the removal of this automatic

completion provision; and, whether

there are circumstances where an FSS

contract should be automatically

completed.

The section has a new paragraph (k)

that discusses the nullification of a CoP.

Nullification would occur when the

PHA or owner determines that services

integral to an FSS family’s advancement

towards self-sufficiency are unavailable

or when the head of the FSS family

becomes permanently disabled and

unable to work or dies during the period

of the contract, unless the PHA or owner

and the FSS family determine that it is

possible to modify the contract to

designate a new head of the FSS family.

The new paragraph describes the

management of the escrow funds in the

case of nullification.

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Question 9: HUD requests comments

about the language added regarding the

handling of escrow funds in the case of

nullification.

§ 984.304 Amount of Rent Paid by FSS

Family and Increases in Family Income

The proposed rule revises the

provision concerning increases in

family income. Prior to the Economic

Growth Act, an FSS family’s increases

in earned income during their

participation in FSS could not be

considered as income or a resource for

eligibility for other benefits, or amount

of benefits payable to the family, under

any HUD program, unless the family

income equaled or exceeded 80 percent

of the area median income. The

Economic Growth Act removes this last

provision and allows an FSS family’s

increases in earned income during their

participation in FSS to be excluded as

income or a resource regardless of

whether the family income equals or

exceeds 80 percent of the area median

income. Additionally, HUD streamlines

this section by removing a reference to

the calculation of rent for the rental

certificate participants because the

certificate program is obsolete and adds

the regulatory citations for calculation

of rent for the PBV program.

§ 984.305 FSS Account

Section 984.305(a)(2)(i) of the current

regulation requires that, during the term

of the FSS contract, the PHA credits the

escrow amount to each family’s FSS

account periodically but not less than

annually. The proposed rule revises and

clarifies the requirement by

differentiating between ‘‘determining

the FSS escrow amount’’ and ‘‘crediting

that FSS escrow amount’’ to a family’s

FSS account. Under the proposed

change, during the term of the CoP, the

PHA must determine the monthly

escrow credit amount at each

reexamination of income occurring after

the effective date of the CoP. That

amount is then deposited (i.e., credited)

every month into each family’s FSS

account. This change aligns the

calculation of the FSS escrow amount

with the timing of the family’s

reexamination of income and provides

the ability to report real-time

information on a family’s FSS account.

The requirement to provide an FSS

escrow account report to the family, at

least annually, has not changed;

however, a family may inquire about

their FSS escrow balance at any time.

Question 10: Is the proposed

frequency of depositing escrow amounts

to a family’s FSS account reasonable?

Should HUD consider another

frequency, and why?

Question 11: Current regulations do

not address whether escrow should be

credited to a family’s FSS account if the

family does not pay rent on time. HUD

requests comments on whether the

family’s FSS account should be credited

for late payments. Please provide

comments both on regulation and on

how the regulation could be

implemented, especially in the case of

the voucher programs where rent is paid

to landlords and not directly to the

PHAs.

The proposed rule revises the

provision concerning reduction of

amounts due by the FSS family under

paragraph (a)(2)(iii) of this section.

Under current regulation, the balance on

a family’s FSS escrow account must be

reduced before prorating the interest

income, by amounts not paid by the

family for rent, or any other amounts

due by the family under the applicable

housing program. Such amounts are also

reduced from a family’s FSS escrow

balance at the time of final escrow

disbursement. The proposed rule no

longer requires that the balance on a

family’s escrow account be reduced by

these amounts each time interest

income is prorated. Instead, the total

balance on a family’s FSS escrow

account (including interest accrued over

the life of the escrow account) is

reduced by such amounts only at the

time of final escrow disbursement in

accordance with § 984.305(c). HUD

believes that the regulation

appropriately addresses amounts due by

the family by adjusting the family’s FSS

escrow balance only at the time of final

escrow disbursement. This change also

streamlines management of the FSS

escrow account and provides

administrative relief to FSS PHAs and

owners.

HUD is proposing to address the

requirements concerning updating

income information prior to the

execution of an FSS CoP. Current FSS

regulations do not address this

requirement; however, the FSS CoP

(form HUD–52650) requires PHAs to

conduct an income recertification if

more than 120 days have passed

between the effective date of the last

income recertification and the effective

date of the CoP. HUD believes this is

best left to PHA/owner discretion and is

adding language to § 984.305(b)(1) to

explicitly afford PHAs and owners

discretion to decide whether to conduct

a new income recertification if more

time than the period specified by the

PHA or owner has passed between the

effective date of the last income

recertification and the effective date of

the CoP.

Question 12: While HUD recognizes

that owners would not have the same

flexibility that PHAs have for this type

of income recertification, HUD requests

comments from the public as to whether

this should be available to multifamily

owners as it is for PHAs.

Pursuant to the Economic Growth

Act, § 984.305(b) is revised to update

the calculation of the escrow amount

and to remove any language that does

not conform with the Act. Specifically,

the statute, and the proposed rule,

removes any difference in the

calculation of escrow between very low-

income and low-income families. HUD

has also taken the opportunity to further

update and streamline the escrow

calculation. The proposed rule no

longer differentiates in how family rent

is defined for the Public Housing and

the HCV programs. Instead, the

proposed rule adds a new set of

definitions, as described in § 984.103 of

this preamble, to provide further clarity

to the process of calculating the escrow

credit. The proposed rule changes the

calculation of escrow to the lower of: (i)

Thirty (30) percent of one-twelfth (1/12)

(i.e., two and a half (2.5) percent) of the

amount by which the family’s current

annual earned income exceeds the

family’s baseline annual earned income;

or (ii) the amount by which the family’s

rent has increased. This calculation

ensures that the FSS escrow credit is

limited to increases in the amount of

rent paid by the family that is

attributable to increases in earned

income. In the first part of the

calculation, one-twelfth is used to

calculate the growth in monthly, instead

of annual, earned income, and 30

percent is used because that’s the

percentage of adjusted income generally

used to determine the family’s monthly

rent.

The second part of the calculation,

which looks at increases in the family’s

rent, uses the lower of: (A) The amount

by which the family’s current monthly

rent exceeds the family’s baseline

monthly rent; (B) for HCV families, the

difference between the baseline monthly

rent and the current gross rent (i.e., rent

to owner plus any utility allowance) or

the payment standard, whichever is

lower; or (C) for PBV families, the

difference between the baseline monthly

rent and the current gross rent (i.e., rent

to owner plus any utility allowance).

This ensures that families are not

escrowing more than the current gross

rent for the unit (i.e., rent to owner plus

any utility allowance) or the payment

standard (for HCV families). And, it

more accurately applies HCV and PBV

rent rules to the calculation of escrow.

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To put it another way: If a family has

no change in earned income, but rent

does go up for whatever reason (flat rent

is recalculated, a non-income-based rent

increase kicks in, an income disregard

ends, increase in non-earned income,

decrease in deductions, etc.), the

paragraph (i) calculation will be lower.

Or, a family has a change in earned

income, but rent does NOT go up (due

to flat rent, ceiling rent, income

disregard, or some other non-income-

based rent model) then the paragraph

(ii) calculation will be lower.

HUD will update the current FSS

escrow calculation worksheet applicable

to HCV and Public Housing families to

conform with the regulatory changes

and to provide further clarity. HUD has

made available a copy of the revised

worksheet with this proposed rule in

Appendix A. To review and test the

proposed Sample FSS Escrow

Calculation Worksheet, please find on

the HUD FSS web page: https://

www.hud.gov/program_offices/public_

indian_housing/programs/hcv/fss.

Please submit comments on the

proposed worksheet using the same

process as commenting on the Proposed

Rule. The Housing office will be

creating a similar calculation worksheet

that reflects any differences in escrow

calculation in the multifamily program.

Question 13: Does the streamlined

escrow calculation, as reflected in the

regulation and the revised escrow

calculation form, effectively simplify

the calculation of escrow? Are there

elements of the calculation that should

be done differently? This includes how

to address alternatives to income-based

rents and any other specific situations

you may encounter at your PHA. If so,

why and how? For PBRA Owners—

please comment on any sections of the

escrow calculation worksheet that

should be modified for PBRA FSS

participants. Please submit proposed

edits to the form if needed.

Section 984.305(b)(4) is also revised

to address the impact on escrow for

HCV families who are in the process of

moving to a new unit, in accordance

with HCV program requirements, and

that are not under a lease during that

time. Specifically, § 984.305(b)(4) is

revised to clarify that escrow credits

cease during the HCV family’s search

period if the family is not under a lease.

Escrow credits resume once the family

finds a unit and enters into a lease. HUD

interprets the FSS statute as requiring

the payment of rent by a family in

calculating the amount of the family’s

escrow credit. Similarly, the FSS statute

provides that an eligible entity may use

funds it controls under section 8 for

purposes of making the escrow deposit

for participating families, if those funds

are offset by the increase in the amount

of rent paid by the family. Such an

offset would not be possible if the

family is not under a lease and,

consequently, not paying rent.

Section 984.305(f) currently provides

that escrow funds are forfeited when the

FSS contract is nullified under

§ 984.303(e), in cases where supportive

services integral to the FSS family are

unavailable to the FSS family. HUD

proposes to change the policy and allow

escrow funds to be disbursed to the FSS

family in the case of a nullified contract.

HUD believes that disbursement of

escrow funds is justified because

nullification of the CoP under these

circumstances is at no fault of the

family. Paragraph (c)(3) has been added

to address this change and paragraph (f)

has been modified to remove reference

to forfeiture of escrow for nullified

contracts.

Paragraph (f) is amended to conform

with the statutory change under the

Economic Growth Act, which provides

that forfeited FSS escrow funds must be

used for the benefit of FSS participants

in good standing. The section provides

the following list of activities for which

forfeited escrow funds may be used:

Support for FSS participants in good

standing; training for program

coordinators; and, other eligible

activities as determined by the

Secretary. A list of ineligible uses will

be included.

Question 14: HUD requests comment

on what definition should apply for

‘‘participants in good standing’’ and

whether HUD should add items to the

eligible activities list for which forfeited

escrow funds may be used?

§ 984.306 HCV Portability

Requirements

HUD has taken this opportunity to

change several provisions concerning

FSS families that move with continued

HCV assistance from the jurisdiction of

one PHA to the jurisdiction of another

PHA under portability. This section of

the proposed rule seeks to carefully

balance the complexities of a portability

move, the shared FSS responsibilities

between PHAs, and giving the FSS

family that ports the best opportunity to

successfully complete the FSS program.

In addition to the changes described in

the following paragraphs, editorial

changes have been made to this section

for clarity.

Under the current FSS regulation, a

receiving PHA may, at its discretion,

enroll into its FSS program an FSS

family that ports into its jurisdiction.

And, the initial PHA may determine

that an FSS family that ports may

continue to participate in the initial

PHA’s FSS program, if the FSS family

demonstrates to the satisfaction of the

initial PHA that the family will be able

to fulfill its responsibilities under the

FSS contract. The proposed rule revises

this framework, by instead requiring

that the receiving PHA enroll into its

FSS program FSS families that port,

unless the receiving PHA and the initial

PHA agree to the family’s continued

participation in the initial PHA’s FSS

program. This change facilitates the

continuity of services and case

management to the family, it facilitates

the family’s move, and it prevents the

potential loss of escrow funds. The

change also recognizes that each PHA

retains responsibility for certain FSS

tasks after a portability move; therefore,

receiving PHAs should have input on

whether the family may continue to

participate in the initial PHA’s FSS

program. Additionally, since this

change is only applicable to families

that were already enrolled in FSS prior

to the portability move, HUD expects

that this change will only impact a

small number of families and PHAs.

The proposed rule addresses a

scenario, not previously addressed in

the regulation, in which a relocating

FSS family moves to a receiving PHA

that does not administer an FSS

program. Under the proposed rule,

continued FSS participation under this

scenario is not possible. The proposed

rule recognizes that there may be several

options (for example, modification of

the FSS contract to graduate the family,

termination of the FSS contract and

forfeiture of escrow, or locating a

receiving PHA that administers an FSS

program) available to the family and

requires that the initial PHA discuss

those options with the family for them

to make a fully informed decision.

Continued FSS participation under

these circumstances is not possible

because the receiving PHA would be

responsible for certain FSS tasks after

the move (even if the family continues

to participate in the initial PHA’s FSS

program), and it would be burdensome

to require a receiving PHA to manage

such tasks for a small number of FSS

families, especially in light of the

administrative complexity of a

portability move, which would be

further complicated by the shared FSS

responsibilities between PHAs.

Another situation not previously

addressed in the regulation is also

addressed in the proposed rule. That is,

when a family who was not enrolled in

FSS before the move requests

enrollment in the receiving PHA’s FSS

program. The proposed rule states that

if the receiving PHA, at their discretion,

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absorbs the family into its HCV

program, the receiving PHA may, also at

their discretion, enroll the family into

its FSS program. Receiving PHAs must

consistently apply their existing FSS

enrollment policies to families who

have ported into their jurisdiction and

request to enroll in the receiving PHA’s

FSS program. If the receiving PHA will

bill the initial PHA for the housing

assistance payments, the family cannot

enroll in the receiving PHA’s FSS

program. This restriction recognizes, as

mentioned previously, the

administrative complexity of a

portability move may be further

complicated by the shared FSS

responsibilities between PHAs, and the

potential inefficiencies in the

administration of the FSS contract.

Question 15: HUD requests comment

on these proposed changes and

additions to the FSS portability

provisions and whether there are more

effective ways to address the balance

between the administrative complexity

for the PHA and the family’s desire to

participate in FSS.

§ 984.401 Reporting

The reporting section is amended to

reflect the statutory requirement that

reports include the number of families

enrolled and graduated, and the number

of established escrow accounts and

positive escrow balances.

Multifamily Housing FSS Program

The Multifamily Housing FSS

program’s new subpart has eight

sections that mirror the FSS program in

24 CFR part 984. The sections are listed

as the following:

§ 887.101 Purpose, Scope, and

Applicability

This section provides for the purpose,

scope, applicability, and provision on

tenant nonparticipation. Consistent with

24 CFR part 984, the purpose of the FSS

program for multifamily owners is the

same as for PHAs, to promote the

development of local strategies to

coordinate the use of HUD assistance

with public and private resources and to

enable families eligible to receive HUD

assistance to achieve economic

independence and self-sufficiency. The

new 24 CFR part 887 regulations

provide the requirements that an owner

must follow if the owner decides to

implement an FSS program

independently or by way of a

Cooperative Agreement with a PHA or

another owner. The new 24 CFR part

887 regulations are not applicable to

PHAs that must follow 24 CFR part 984.

Lastly, the section provides that tenant

participation in an FSS program is

voluntary, and an owner must not delay

or terminate assistance under Section 8

for a family that elects not to participate

in an FSS program.

§ 887.103 Definitions

The definitions for multifamily

assisted housing are the same as those

for PHAs in § 984.103, except that

eligible families in 24 CFR part 887

means tenants of multifamily assisted

housing.

§ 887.105 Basic Requirements for FSS

Program

HUD implemented a voluntary FSS

program for multifamily assisted

housing through notice H 2016–08; the

notice incorporated many of the

provisions of 24 CFR part 984. For

consistency among voluntary FSS

programs, HUD proposes to make the

FSS program requirements for

multifamily assisted housing consistent

with PHA requirements. These

requirements will apply to both existing

and new FSS programs. Specifically, an

FSS program would be required to

operate in conformity with the

regulations of 24 CFR part 887 and other

Section 8 regulations, as applicable.

Those 24 CFR part 984 requirements are

as follows: (1) Coordination of

supportive services as defined in

§ 984.103; (2) creation of an approved

Action Plan, as described in § 984.201,

before operating an FSS program; (3)

handling FSS funds consistent with

§ 984.302; (4) entering into a CoP with

eligible families, § 984.303; (5)

management of escrow accounts, as

described in § 984.305; reporting

information pursuant to § 984.401; and

(6) operated in compliance with the

nondiscrimination and equal

opportunity requirements set forth in 24

CFR part 5. This section provides as

follows: (1) Owners are permitted to

make available and utilize onsite

facilities, as set forth in § 984.204; and

(2) owners may employ appropriate

staff, including a program coordinator to

administer its FSS program, and may

contract with an appropriate

organization to establish and administer

parts of the FSS program as provided by

§ 984.305.

The section requires consultation

with a Program Coordinating Committee

(PCC) in creating an Action Plan, but it

does not require the creation of a PCC

under § 984.202. The multifamily

assisted housing regulation does not

include minimum program size

requirements at § 984.105 since FSS

programs are voluntary; the formula

award section applying only to

mandatory programs at § 984.107; the

family selection process at § 984.203;

and the portability requirements at

§ 984.306. All other provisions are

adopted either in part or in whole in its

application to multifamily assisted

housing.

Question 16: HUD specifically asks

for comments on whether the exclusion

or inclusion of certain requirements for

the multifamily assisted housing

regulation is appropriate. Specifically,

HUD excluded the family selection

process at § 984.203 because HUD does

not believe those requirements would be

necessary due to the size of most

multifamily assisted housing FSS

programs. Additionally, HUD excluded

the creation of a PCC because it was not

statutorily required for owners in the

FSS statute, but HUD does believe that

coordination with some of the members

of a PCC is essential in developing an

Action Plan and successfully

implementing an FSS program.

§ 887.107 Cooperative Agreements

Section 306 of the Economic Growth

Act provides that owners may enter into

Cooperative Agreements with a PHA or

other owner to offer an FSS program to

their tenants. An owner entering into a

Cooperative Agreement with a PHA

must follow the requirements provided

in § 984.106. An owner entering into a

Cooperative Agreement with another

owner must do so in accordance with

the requirements in this section. The

requirements are as follows: (1) Waiting

lists must be open to all eligible families

residing in the properties covered by the

Cooperative Agreement; (2) provide that

escrow amounts are handled by each

owner and the calculating and tracking

of escrow must be done in accordance

with § 984.305; and (3) the Cooperative

Agreement must clearly specify the

terms and conditions of such agreement.

Question 17: HUD specifically

requests comments on whether this list

is comprehensive or if other items

should be required of owners entering

into a Cooperative Agreement.

§ 887.109 Housing Assistance and

Total Tenant Payment and Increases in

Family Income

This section mirrors § 984.304 and

provides that housing assistance

payments for FSS families are the same

as those provided to any other tenant

living in the property. Paragraph (b)

provides the process for determining

total tenant payment. Paragraph (c)

provides that when an FSS family’s

income increases during its

participation in an FSS program, the

increase may not be considered as

income or a resource for purposes of

eligibility of the FSS family for other

benefits, or amount of benefits payable

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Burden hours for forms showing zero burden

hours in this collection are reflected in the OMB approval number cited or do not have a reportable

burden.

to the FSS family, under any other

program administered by HUD. For

multifamily assisted housing, money

that goes into escrow is offset by

additional housing assistance payment

(HAP) to the owner from HUD as a

positive adjustment to the monthly

voucher.

§ 887.111 FSS Award Funds Formula

Section 306 of the Economic Growth

Act provides the Secretary the authority

to award funds by formula and set forth

new procedures and processes. This

section incorporates the statutory

language providing that the Secretary

may establish a formula by which funds

for administration of the FSS program

are awarded and indicating any changes

to such formula, as permitted by statute,

are accomplished by notice in the

Federal Register. This section mirrors

§ 984.107.

IV. Findings and Certifications

Regulatory Review—Executive Orders

12866 and 13563

Executive Orders 12866 and 13563

direct agencies to assess all costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health, and safety

effects; distributive impacts; and

equity). Executive Order 13563

emphasizes the importance of

quantifying both costs and benefits,

reducing costs, harmonizing rules, and

promoting flexibility.

Under Executive Order 12866

(Regulatory Planning and Review), a

determination must be made whether a

regulatory action is significant and;

therefore, subject to review by the Office

of Management and Budget (OMB), in

accordance with the requirements of the

order. This rule was determined to be a

‘‘significant regulatory action’’ as

defined in section 3(f) of the Executive

Order, but not an economically

significant regulatory action, as

provided under section 3(f)(1) of

Executive Order 12866. Consistent with

Executive Order 13563, this rule

implements the streamlining

requirements of section 306 and

provides additional flexibility for PHAs

and multifamily owners. HUD has

prepared an initial Regulatory Impact

Analysis (RIA) that addresses the costs

and benefits of the proposed rule.

HUD’s RIA is part of the docket file for

this rule.

The docket file is available for public

inspection in the Regulations Division,

Office of General Counsel, Room 10276,

451 7th Street SW, Washington, DC

20410–0500. Due to security measures

at the HUD Headquarters building,

please schedule an appointment to

review the docket file by calling the

Regulations Division at 202–402–3055

(this is not a toll-free number).

Individuals with speech or hearing

impairments may access this number

via TTY by calling the Federal Relay

Service at toll-free 800–877–8339.

Executive Order 13771

Executive Order 13771, entitled

‘‘Reducing Regulation and Controlling

Regulatory Costs,’’ was issued on

January 30, 2017. Section 2(a) of

Executive Order 13771 requires an

Agency, unless prohibited by law, to

identify at least two existing regulations

to be repealed when the Agency

publicly proposes for notice and

comment or otherwise promulgates a

new regulation. In furtherance of this

requirement, section 2(c) of Executive

Order 13771 requires that the new

incremental costs associated with new

regulations shall, to the extent permitted

by law, be offset by the elimination of

existing costs associated with at least

two prior regulations. For the reasons

discussed in the Regulatory Impact

Analysis, this proposed rule has been

determined to be an Executive Order

13771 deregulatory action.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520), an agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection displays a valid

control number. The information

collection requirements contained in

this proposed rule have been submitted

to the Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501–3520) and

assigned OMB control number 2577–

0178.

The proposed rule would require

changes to the existing approved

paperwork to include multifamily,

addition of a Notice of Funding

Availability (NOFA) narrative, and the

Cooperative Agreement. The overall

reporting and recordkeeping burden are

estimated as follows:

Description of information collection Number of

responses Responses

per year Total annual

responses Hours per

response Total hours

SF–424—Application for Federal Assistance ...................... 750 1 750 0.75 563

SF–LLL—Disclosure of Lobbying Activities ......................... 40 1 40 0.17 7

Form HUD 2880—Applicant, Recipient, Disclosure, Up-

date Form (OMB No. 2510–0011)

................................. 800 1 800 0 0

NOFA Narrative ................................................................... 20 1 20 10 200

Cooperative Agreements ..................................................... 15 1 15 2 30

Form HUD–52755—Sample Contract Admin. Partnership

Agreement ........................................................................ 20 1 20 0.17 3

Form HUD–2994–A You are Our Client (Optional Survey)

(OMB No: 2535–0116) ..................................................... 50 1 50 0 0

Form HUD–52651—FSS Application .................................. 800 1 800 1.5 1,200

Action Plan ........................................................................... 73 1 10 10 730

Form HUD–52650—Contract of Participation ..................... 1,000 10 10,000 .25 2,500

Form HUD–52652—Escrow Account Credit Worksheet ..... 600 90 54,000 .85 45,900

Form HUD–1044—Grant Agreement * ................................ 700 1 250 N/A N/A

Annual Report (Narrative)/Performance Report .................. 775 1 775 1 775

Form HUD–50058—Family Report (OMB No. 2577–0083) 900 50 45,000 0 0

Total .............................................................................. ........................ ........................ ........................ 26.69 51,908

*HUD–1044, Award/Amendment is completed by HUD staff, signed by the recipient of the grant, and returned to HUD. This form is a certifi-

cation and HUD ascribes no burden to its use.

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In accordance with 5 CFR

1320.8(d)(1), HUD is soliciting

comments from members of the public

and affected agencies concerning the

information collection requirements in

the proposed rule regarding:

(1) Whether the proposed collection

of information is necessary for the

proper performance of the functions of

the agency, including whether the

information will have practical utility;

(2) The accuracy of the agency’s

estimate of the burden of the proposed

collection of information;

(3) Whether the proposed collection

of information enhances the quality,

utility, and clarity of the information to

be collected; and

(4) Whether the proposed information

collection minimizes the burden of the

collection of information on those who

are to respond; including through the

use of appropriate automated collection

techniques or other forms of information

technology (e.g., permitting electronic

submission of responses).

Interested persons are invited to

submit comments regarding the

information collection requirements in

this rule. The proposed information

collection requirements in this rule have

been submitted to OMB for review

under section 3507(d) of the Paperwork

Reduction Act. Under the provisions of

5 CFR part 1320, OMB is required to

make a decision concerning this

collection of information between 30

and 60 days after the publication date.

Therefore, a comment on the

information collection requirements is

best assured of having its full effect if

OMB receives the comment within 30

days of the publication. This time frame

does not affect the deadline for

comments to the agency on the

proposed rule. Comments must refer to

the proposed rule by name and docket

number (FR–6085) and must be sent to:

HUD Desk Officer, Office of

Management and Budget, New

Executive Office Building,

Washington, DC 20503, Fax number:

202–395–6947

and

Colette Pollard, HUD Reports Liaison

Officer, U.S. Department of Housing

and Urban Development, 451 7th

Street SW, Room 2204, Washington,

DC 20410

Interested persons may submit

comments regarding the information

collection requirements electronically

through the Federal eRulemaking Portal

at http://www.regulations.gov. HUD

strongly encourages commenters to

submit comments electronically.

Electronic submission of comments

allows the commenter maximum time to

prepare and submit a comment, ensures

timely receipt by HUD, and enables

HUD to make them immediately

available to the public. Comments

submitted electronically through the

http://www.regulations.gov website can

be viewed by other commenters and

interested members of the public.

Commenters should follow the

instructions provided on that site to

submit comments electronically.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4;

approved March 22, 1995) (UMRA)

establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments, and on the private

sector. This rule does not impose any

Federal mandates on any State, local, or

tribal government, or on the private

sector, within the meaning of the

UMRA.

Environmental Review

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations in 24 CFR part 50 that

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332(2)(C)). The

Finding is available for public

inspection during regular business

hours in the Regulations Division,

Office of General Counsel, U.S.

Department of Housing and Urban

Development, 451 Seventh Street SW,

Room 10276, Washington, DC 20410–

0500. Due to security measures at the

HUD Headquarters building, please

schedule an appointment to review the

Finding by calling the Regulations

Division at 202–402–3055 (this is not a

toll-free number). Individuals with

speech or hearing impairments may

access this number via TTY by calling

the Federal Information Relay Service at

800–877–8339.

Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

(5 U.S.C. 601 et seq.) generally requires

an agency to conduct a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. As has been

discussed in this preamble, this rule

proposes to make changes to HUD’s

regulations to implement the Section

306 statutory changes and streamline

other requirements. HUD believes this

rule will overall reduce burden,

including for small PHAs and

multifamily owners. The burden

reduction anticipated is more fully

discussed in the accompanying

Regulatory Impact Assessment (RIA).

For these reasons, HUD has determined

that this rule would not have a

significant economic impact on a

substantial number of small entities.

Notwithstanding HUD’s determination

that this rule will not have a significant

effect on a substantial number of small

entities, HUD specifically invites

comments regarding any less

burdensome alternatives to this rule that

will meet HUD’s objectives as described

in this preamble.

Executive Order 13132, Federalism

Executive Order 13132 (entitled

‘‘Federalism’’) prohibits an agency from

publishing any rule that has federalism

implications if the rule either: (1)

Imposes substantial direct compliance

costs on State and local governments

and is not required by statute, or (2)

preempts State law, unless the agency

meets the consultation and funding

requirements of section 6 of the

Executive Order. This proposed rule

does not have federalism implications

and does not impose substantial direct

compliance costs on State and local

governments nor preempt State law

within the meaning of the Executive

Order.

List of Subjects

24 CFR Part 887

Grant programs-housing and

community development, Public

housing, Rent subsidies, Reporting and

recordkeeping requirements.

24 CFR Part 984

Grant programs-housing and

community development, Grant

programs-Indians, Indians, Public

housing, Rent subsidies, Reporting and

recordkeeping requirements.

Accordingly, for the reasons stated in

the preamble, HUD proposes to amend

24 CFR chapters VIII and IX as follows:

■1. Add part 887 to read as follows:

PART 887—SECTION 8 HOUSING

ASSISTANCE PAYMENTS

PROGRAMS—FAMILY SELF-

SUFFICIENCY PROGRAM

Sec.

887.101 Purpose, scope, and applicability.

887.103 Definitions.

887.105 Basic requirements of FSS.

887.107 Cooperative agreements.

887.109 Housing assistance and total tenant

payments and increases in family

income.

887.111 FSS Award Funds Formula.

Authority: 42 U.S.C. 1437u, and 3535(d).

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§ 887.101 Purpose, scope, and

applicability.

(a) Purpose. (1) The purpose of the

Family Self-Sufficiency (FSS) Program

is to promote the development of local

strategies to coordinate the use of HUD

assistance with public and private

resources, to enable families eligible to

receive HUD assistance to achieve

economic independence and self-

sufficiency.

(2) The purpose of this part is to

implement the policies and procedures

applicable to operation of an FSS

program under HUD’s Section 8

Housing assistance payments programs,

as established under section 23 of the

1937 Act (42 U.S.C. 1437u).

(b) Scope. Each owner may

implement an FSS program

independently or by way of a

Cooperative Agreement with a Public

Housing Agency (PHA) or another

owner. Each owner that administers an

FSS program must do so in accordance

with the requirements of this part.

owners of multifamily rental housing

properties assisted by Section 8 Housing

assistance payments programs. See part

984 of this title for program regulations

applicable to PHAs.

(d) Nonparticipation. Tenant

participation in an FSS program is

voluntary. Assistance under Section 8

Housing assistance payments programs

for a family that elects not to participate

in an FSS program shall not be delayed

or terminated by reason of such

election.

§ 887.103 Definitions.

The definitions in 24 CFR 984.103

apply to this part, except that eligible

families means tenant families living in

multifamily assisted housing.

§ 887.105 Basic requirements of FSS.

(a) An FSS program that is voluntarily

established under this part by an owner

must comply with the following

requirements:

(1) Shall be operated in conformity

with the regulations of this part and

other Section 8 regulations, codified in

24 CFR parts 5, 402, 880, 881, 883, and

884, respectively, and with FSS program

objectives, as described in § 984.102;

(2) Shall coordinate supportive

services as defined in § 984.103;

(3) Shall have an Action Plan

approved by HUD, as described in

§ 984.201, before operating an FSS

program;

(4) Shall work with a Program

Coordinating Committee (PCC), as

described in § 984.202, when available;

(5) May make available and utilize

onsite facilities, as described in

§ 984.204;

(6) Shall comply with the FSS funds

provision, as described in § 984.302;

(7) Shall enter into Contracts of

Participation with eligible families, as

described in § 984.303;

(8) Shall establish and manage FSS

accounts as described in § 984.305;

(9) Shall report information to HUD as

described in § 984.401;

(10) Shall be operated in compliance

with the nondiscrimination and equal

opportunity requirements set forth in 24

CFR part 5.

(b) An owner may employ appropriate

staff, including a program coordinator to

administer its FSS program, and may

contract with an appropriate

organization to establish and administer

parts of the FSS program.

§ 887.107 Cooperative agreements.

(a) An owner may enter into a

Cooperative Agreement with:

(1) A local PHA that operates an FSS

program, pursuant to § 984.106; or

(2) Another owner that operates an

FSS program, pursuant to this section.

(b) Owners that enter into a

Cooperative Agreement pursuant to this

subpart, must:

(1) Open any FSS waiting lists to all

eligible families residing in the

properties covered by the Cooperative

Agreement.

(2) Provide periodic escrow amounts

to the program coordinator for FSS

families covered by the Cooperative

Agreement under this subpart. The

Cooperative Agreement must provide

that each owner is responsible for

managing the escrow accounts of their

participating families, including

calculating and tracking of escrow in

accordance with § 984.305, and set forth

the procedures for the sharing of escrow

information between the PHA and the

owner.

(3) The Cooperative Agreement must

clearly specify the terms and conditions

of such agreement, including the

requirements of this subsection.

§ 887.109 Housing assistance and total

tenant payments and increases in family

income.

(a) Housing assistance payment. The

housing assistance payment for an

eligible family participating in the FSS

program under this part is determined

in accordance with the regulations set

forth in § 5.661(e).

(b) Total tenant payment. The total

tenant payment for an FSS family

participating in the FSS program is

determined in accordance with § 5.628

of this title.

Any increase in the earned income of an

FSS family during its participation in an

FSS program may not be considered as

income or a resource for purposes of

eligibility of the FSS family for other

benefits, or amount of benefits payable

to the FSS family, under any other

program administered by HUD.

§ 887.111 FSS Award Funds Formula.

The Secretary may establish a formula

by which funds for administration of the

FSS program are awarded consistent

with 42 U.S.C. 1437u(i). Notice of, and

changes to, such formula will be

published in the Federal Register.

■2. Revise part 984 to read as follows:

PART 984—SECTION 8 AND PUBLIC

HOUSING FAMILY SELF-SUFFICIENCY

PROGRAM

Subpart A—General

Sec.

984.101 Purpose, applicability, and scope.

984.102 Program objectives.

984.103 Definitions.

984.104 Basic requirements of the FSS

Program.

984.105 Minimum program size.

984.106 Cooperative agreements.

984.107 FSS Award Funds Formula.

Subpart B—Program Development and

Approval Procedures

984.201 Action Plan.

984.202 Program Coordinating Committee

(PCC).

984.203 FSS family selection procedures.

984.204 On-site facilities.

Subpart C—Program Operations

984.301 Program implementation.

984.302 FSS funds.

984.303 Contract of Participation (CoP).

984.304 Amount of rent paid by FSS family

and increases in family income.

984.305 FSS account.

984.306 HCV portability requirements.

Subpart D—Reporting

984.401 Reporting.

Authority: 42 U.S.C. 1437f, 1437u, and

3535(d).

Subpart A—General

§ 984.101 Purpose, applicability, and

scope.

(a) Purpose. (1) The purpose of the

Family Self-Sufficiency (FSS) Program

is to promote the development of local

strategies to coordinate the use of HUD

assistance with public and private

resources, to enable families eligible to

receive HUD assistance to achieve

economic independence and self-

sufficiency.

(2) The purpose of this part is to

implement the policies and procedures

applicable to operation of an FSS

program, as established under section

23 of the 1937 Act (42 U.S.C. 1437u),

under HUD’s public housing assistance

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and housing assistance under Section

8(o) programs.

(b) Applicability. This part applies to

PHAs administering either or both a

public housing program under section 9

and a project-based and/or tenant-based

assistance program under section 8(o) of

the U.S. Housing Act of 1937. See 24

CFR part 887 for program regulations

applicable to owners of multifamily

assisted housing.

an FSS program must do so in

accordance with the requirements of

this part. See § 984.105 for more

information concerning PHAs that are

required to administer an FSS program.

(d) Nonparticipation. Participation in

an FSS program is voluntary. A family’s

admission to the public housing or

Section 8 programs cannot be

conditioned on participation in FSS. A

family’s housing assistance cannot be

terminated by reason of such election.

§ 984.102 Program objectives.

The objective of the FSS program is to

reduce the dependency of low-income

families on welfare assistance and

housing subsidies. Under the FSS

program, HUD assisted families are

provided opportunities for education,

job training, counseling, and other forms

of social service assistance, while living

in assisted housing, so that they may

obtain the education, employment, and

business and social skills necessary to

achieve self-sufficiency, as defined in

§ 984.103. The Department will evaluate

the performance of a local FSS program

using a scoring system that measures

criteria such as graduation from the

program, increased earned income and

program participation, as provided by

HUD through a Federal Register notice.

§ 984.103 Definitions.

(a) The terms 1937 Act, Fair Market

Rent, HUD, Low income family, Public

Housing, Public Housing Agency (PHA),

Secretary, and Section 8, as used in this

part, are defined in Part 5 of this title.

(b) As used in this part:

Baseline annual earned income

means, for purposes of determining the

FSS credit under § 984.305(b), the FSS

family’s total annual earned income

from wages and business income (if any)

as of the effective date of the FSS

contract. In calculating baseline annual

earned income, all applicable

exclusions of income must be applied,

except for any disregard of earnings

associated with self-sufficiency

incentives that may be applicable to the

determination of annual income.

Baseline monthly rent means, for

purposes of determining the FSS credit

under § 984.305(b):

(i) The FSS family’s total tenant

payment (TTP), as of the effective date

of the FSS contract, for families paying

an income-based rent as of the effective

date of the FSS contract; or

(ii) The amount of the flat or ceiling

rent (which includes the applicable

utility allowance), and including any

hardship discounts, as of the effective

date of the FSS contract, for families

paying a flat or ceiling rent as of the

effective date of the FSS contract.

Certification means a written

assertion based on supporting evidence,

provided by the FSS family or the PHA

or owner, as may be required under this

part, and which:

(i) Shall be maintained by the PHA or

owner in the case of the family’s

certification, or by HUD in the case of

the PHA’s or owner’s certification;

(ii) Shall be made available for

inspection by HUD, the PHA or owner,

and the public, as appropriate; and,

(iii) Shall be deemed to be accurate

for purposes of this part, unless the

Secretary or the PHA or owner, as

applicable, determines otherwise after

inspecting the evidence and providing

due notice and opportunity for

comment.

Chief Executive Officer (CEO). The

CEO of a unit of general local

government means the elected official or

the legally designated official, who has

the primary responsibility for the

conduct of that entity’s governmental

affairs.

Contract of Participation (CoP)

means—a contract, in a form approved

by HUD, entered into between an FSS

family and a PHA or owner operating an

FSS program that sets forth the terms

and conditions governing participation

in the FSS program. The CoP includes

all Individual Training and Services

Plans (ITSPs) entered into between the

PHA or owner and all members of the

family who will participate in the FSS

program, and which plans are attached

to the CoP as exhibits. For additional

detail, see § 984.303.

Current annual earned income means,

for purposes of determining the FSS

credit under § 984.305(b), the FSS

family’s total annual earned income

from wages and business income (if any)

as of the most recent reexamination of

income which occurs after the effective

date of the FSS contract. In calculating

current annual earnings, all applicable

exclusions of income will apply,

including any disregard of earnings

associated with self-sufficiency

incentives or other alternative rent

structures that may be applicable to the

determination of annual income.

Current monthly rent means, for

purposes of determining the FSS credit

under § 984.305(b):

(i) The FSS family’s TTP as of the

most recent reexamination of income,

which occurs after the effective date of

the FSS contract, for families paying an

income-based rent as of the most recent

reexamination of income; or

(ii) The amount of the flat rent,

(which includes the applicable utility

allowance), or ceiling rent and

including any hardship discounts, as of

the most recent reexamination of

income which occurs after the effective

date of the FSS contract, for families

paying a flat rent or ceiling rent as of the

most recent reexamination of income.

Earned income means income or

earnings included in annual income

from wages, tips, salaries, other

employee compensation, and self-

employment. Earned income does not

include any pension or annuity, transfer

payments, any cash or in-kind benefits,

or funds deposited in or accrued interest

on the FSS escrow account established

by a PHA or owner on behalf of a FSS

family.

Effective date of Contract of

Participation (CoP)—the day in which

the FSS family and the PHA or owner

execute the CoP.

Eligible families means current

residents of Public Housing (section 9)

and current Section 8(o) program

participants, as defined in this section,

including those participating in other

local self-sufficiency programs.

Enrollment means the date that the

FSS family entered into the CoP with

the PHA or owner.

Family Self-Sufficiency (FSS) Program

means the program established by a

PHA or owner within its jurisdiction to

promote self-sufficiency among

participating families, including the

coordination of supportive services to

these families, as authorized by section

23 of the 1937 Act.

FSS account means the FSS escrow

account authorized by section 23 of the

1937 Act, and as provided by § 984.305.

FSS credit means the amount credited

by the PHA or owner to the FSS family’s

FSS account.

FSS family means a family that

resides in Public Housing (section 9) or

receives Section 8(o) assistance, as

defined in this section, and that elects

to participate in the FSS program, and

whose designated adult member, as

determined in accordance with

§ 984.303(a), has signed the CoP.

FSS family in good standing means,

for purposes of this part, an FSS family

that is not in current eviction

proceedings and is otherwise in

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compliance with any repayment

agreement and the FSS CoP.

FSS related service program means

any program, publicly or privately

sponsored, that offers the kinds of

supportive services described in the

definition of ‘‘supportive services’’ set

forth in this § 984.103.

FSS slots refers to the total number of

families (as determined in the Action

Plan and, for mandatory programs, in

section 105 of this part) that the PHA

will serve in its FSS program.

FY means Federal Fiscal Year

(starting October 1 and ending

September 30, and year designated by

the calendar year in which it ends).

Head of FSS family means the adult

family member of the FSS family who

has signed the CoP. The head of the FSS

family may, but is not required to, be

the head of the household for purposes

of determining income eligibility and

rent.

Individual Training and Services Plan

(ITSP) means:

(i) A written plan that is prepared by

the PHA or owner in consultation with

the family member, and which sets

forth:

(A) The final and interim goals for the

participating FSS family member;

(B) The supportive services to be

provided to the participating FSS family

member;

that family member; and,

(D) The agreed upon completion dates

for the goals, services, and activities.

(ii) Each ITSP must be signed by the

PHA or owner and the participating FSS

family member, and is attached to, and

incorporated as part of the CoP. An ITSP

must be prepared for each adult member

who elects to participate in the FSS

program, including the adult family

member who has signed the CoP.

Multifamily assisted housing means

rental housing assisted by a Section 8

Housing Payments Program, pursuant to

24 CFR parts 880, 881, 883, 884, and

886.

Owner means the owner of

multifamily assisted housing.

Program Coordinating Committee

(PCC) is the committee described in

§ 984.202.

Section 8(o) means assistance

provided under section 8(o) of the 1937

Act (42 U.S.C. 1437f). Specifically,

housing assisted under the Housing

Choice Voucher (HCV) Program,

including Project-Based Vouchers

(PBV).

Self-sufficiency means that an FSS

family is no longer receiving Section 8,

Public Housing assistance, or any

Federal, State, or local rent,

homeownership subsidies, or welfare

assistance. Achievement of self-

sufficiency, although an FSS program

objective, is not a condition for receipt

of the FSS account funds.

Supportive services means those

appropriate services that a PHA or

owner will coordinate on behalf of an

FSS family under a CoP, which may

include, but are not limited to:

(i) Child care—child care (on an as-

needed or ongoing basis) of a type that

provides sufficient hours of operation

and serves an appropriate range of ages;

(ii) Transportation—transportation

necessary to enable a participating FSS

family member to receive available

services, or to commute to their places

of employment;

(iii) Education—remedial education;

education for completion of high school

or attainment of a high school

equivalency certificate; education in

pursuit of a post-secondary degree or

certification;

(iv) Employment Supports—job

training, preparation, and counseling;

job development and placement; and

follow-up assistance after job placement

and completion of the CoP;

(v) Personal welfare—substance/

alcohol abuse treatment and counseling;

(vi) Household management—training

in household management;

(vii) Homeownership and housing

counseling—homeownership education

and assistance and housing counseling;

(viii) Financial Empowerment—

training in financial literacy, such as

financial coaching, training in financial

management, asset building, and money

management, including engaging in

mainstream banking, reviewing and

improving credit scores, etc.;

(ix) Other services—any other services

and resources, including case

management, reasonable

accommodations for individuals with

disabilities, that are determined to be

appropriate in assisting FSS families to

achieve economic independence and

self-sufficiency.

Unit size or size of unit refers to the

number of bedrooms in a dwelling unit.

Very low-income family. See

definitions in § 813.102.

Welfare assistance means (for

purposes of the FSS program only)

income assistance from Federal, (i.e.,

Temporary Assistance for Needy

Families (TANF) or subsequent

program) State, or local welfare

programs and includes only cash

maintenance payments designed to meet

a family’s ongoing basic needs. Welfare

assistance does not include:

(i) Nonrecurrent, short-term benefits

that:

(A) Are designed to deal with a

specific crisis or episode of need;

(B) Are not intended to meet recurrent

or ongoing needs; and,

months.

(ii) Work subsidies (i.e., payments to

employers or third parties to help cover

the costs of employee wages, benefits,

supervision, and training);

(iii) Supportive services such as child

care and transportation provided to

families who are employed;

(iv) Refundable earned income tax

credits;

(v) Contributions to, and distributions

from, Individual Development Accounts

under Temporary Assistance for Needy

Families (TANF);

(vi) Services such as counseling, case

management, peer support, child care

information and referral, financial

empowerment, transitional services, job

retention, job advancement, and other

employment-related services that do not

provide basic income support;

(vii) Amounts solely directed to

meeting housing expenses;

(viii) Amounts for health care;

(ix) Supplemental Nutrition

Assistance Program and emergency

rental and utilities assistance;

(x) Supplemental Security Income,

Social Security Disability Income, or

Social Security; and

(xi) Child-only or non-needy TANF

grants made to or on behalf of a

dependent child solely on the basis of

the child’s need and not on the need of

the child’s current non-parental

caretaker.

§ 984.104 Basic requirements of the FSS

Program.

(a) An FSS Program established under

this part shall be operated in conformity

with the requirements of this part,

including the action plan at § 984.201;

and:

(1) As applicable to Section 8(o)

program participants:

(i) HCV regulations at 24 CFR part

982, for HCV program participants; and

(ii) PBV regulations at 24 CFR part

983, for PBV program participants.

(2) As applicable to Public Housing

program participants, the applicable

Public Housing regulations, including

the regulations in 24 CFR parts 5,

subpart F, 960, and 966; and,

(3) The nondiscrimination and equal

opportunity requirements set forth in 24

CFR part 5.

(b) [Reserved]

§ 984.105 Minimum program size.

(a) FSS program size—(1) Minimum

program size requirement. A PHA must

operate an FSS program of the

minimum program size determined in

accordance with paragraph (b) of this

section.

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(2) Exception to program operation or

to operate a smaller mandatory

program. Paragraph (c) of this section

states when HUD may grant an

exception to the program operation

requirement, and paragraph (d) states

when an exception may be granted to

operate a program that is smaller than

the minimum program size.

(3) Option to operate larger FSS

program. A PHA may choose to operate

an FSS program of a larger size than the

minimum.

(b) How to determine FSS minimum

program size—(1) In general. Each PHA

that was required to administer an FSS

program, shall continue to operate such

program for, at a minimum, the total

number of families the PHA was

required by statute to serve as of May

24, 2018, subject only to the availability

of sufficient amounts for housing

assistance under appropriations acts

and the provisions of paragraph (b)(2) of

this section.

(2) Reduction of minimum program

size. The minimum program size for a

PHA’s FSS program is reduced by one

slot for each family from any rental

assistance program (Public Housing or

Section 8, including multifamily

assisted housing) for which the PHA

administers FSS under this section and

that graduates from the FSS program by

fulfilling its FSS CoP on or after October

21, 1998. If an FSS slot is vacated by a

family that has not completed its FSS

CoP obligations, the slot must be filled

by a replacement family which has been

selected in accordance with the FSS

family selection procedures set forth in

§ 984.203.

(1) Upon approval by HUD, a PHA will

not be required to carry out an FSS

program if the PHA provides to HUD a

certification, as defined in § 984.103,

that the operation of such an FSS

program is not feasible because of local

circumstances, which may include, but

are not limited to, the following:

(i) Lack of supportive services

accessible to eligible families, including

insufficient availability of resources for

programs under title I of the Workforce

Innovation and Opportunity Act (29

U.S.C. 3111 et seq.);

(ii) Lack of funding for reasonable

administrative costs;

(iii) Lack of cooperation by other units

of State or local government; or,

(iv) Lack of interest in participating in

the FSS program on the part of eligible

families.

(2) An exception will not be granted

if HUD determines that local

circumstances do not preclude the PHA

from effectively operating an FSS

program that is smaller than the

minimum program size.

(d) Exception to operate a smaller

mandatory program. Upon approval by

HUD, a PHA may be permitted to

operate an FSS program that is smaller

than the minimum program size if the

PHA provides to HUD a certification, as

defined in § 984.103, that the operation

of an FSS program of the minimum

program size is not feasible because of

local circumstances, which may

include, but are not limited to:

(1) Decrease in or lack of supportive

services accessible to eligible families,

including insufficient availability of

resources for programs under title I of

the Workforce Innovation and

Opportunity Act (29 U.S.C. 3111 et

seq.);

(2) Decrease in or lack of funding for

reasonable administrative costs;

(3) Decrease in or lack of cooperation

by other units of State or local

government;

(4) Decrease in or lack of interest in

participating in the FSS program on the

part of eligible families.

(e) Expiration of exception. A full or

partial exception to the FSS minimum

program size requirement (approved by

HUD in accordance with paragraph (c)

or (d) of this section) expires five (5)

years from the date of HUD approval of

the exception. If circumstances change

and a HUD-approved exception is no

longer needed, the PHA is not required

to effectuate the exception for the full

term of the exception. If a PHA seeks to

continue an exception after its

expiration, the PHA must submit a new

request and certification to HUD for

consideration.

(f) Review of Certification Records.

HUD reserves the right to examine,

during its management review of the

PHA, or at any time, the documentation

and data that a PHA relied on in

certifying to the unfeasibility of its

establishing and operating an FSS

program, or of operating one of less than

minimum program size.

§ 984.106 Cooperative agreements.

(a) A PHA may enter into a

Cooperative Agreement with one or

more owners to voluntarily make an

FSS program available to the owner’s

multifamily assisted housing tenants.

(b) A PHA and owner that enter into

a Cooperative Agreement to make an

FSS program available, are subject to

this part and the following

requirements:

(1) The PHA must open its FSS

waiting list to any eligible family

residing in the multifamily assisted

housing covered by the Cooperative

Agreement.

(2) The owner must provide, at the

request of the PHA, information on

escrow amounts for participating

multifamily assisted housing tenants.

The Cooperative Agreement must

provide that the owner is responsible for

managing the escrow account, including

calculating and tracking of escrow in

accordance with § 984.305, and set forth

the procedures that will be in place for

the exchange of escrow information

between the PHA and the owner.

(3) The PHA may count multifamily

assisted housing families served by a

Cooperative Agreement under this

subpart as part of the calculation of the

FSS award under §§ 984.107 and

984.302.

(4) The PHA may use FSS funds to

serve multifamily assisted housing

tenants subject to a Cooperative

Agreement under this section.

(5) The Cooperative Agreement must

clearly specify the terms and conditions

of such agreement, including the

requirements of this subsection.

§ 984.107 FSS Award Funds Formula.

The Secretary may establish a formula

by which funds for administration of the

FSS program are awarded consistent

with 42 U.S.C. 1437u(i). Notice of, and

changes to, such formula will be

published in the Federal Register.

Subpart B—Program Development and

Approval Procedures

§ 984.201 Action Plan.

(a) Requirement for Action Plan. A

PHA or owner must have a HUD-

approved Action Plan that complies

with the requirements of this section

before the PHA or owner operates an

FSS program, whether the FSS program

is a mandatory or voluntary program.

(b) Development of Action Plan. The

Action Plan shall be developed by the

PHA in consultation with the chief

executive officer of the applicable unit

of general local government and the

Program Coordinating Committee.

Consultation for the Action Plan by the

PHA or owner shall also include

representatives of current and

prospective FSS program participants,

any local agencies responsible for

programs under title I of the Workforce

Innovation and Opportunity Act (29

U.S.C. 3111 et seq.), other appropriate

organizations (such as other local

welfare and employment or training

institutions, child care providers,

financial empowerment providers,

nonprofit service providers, and private

businesses), and any other public and

private service providers affected by the

operation of the local program.

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program. The PHA or owner must

submit its Action Plan and obtain HUD

approval of the plan before the PHA or

owner carries out a voluntary FSS

program, including a program that

exceeds the minimum size for a

mandatory program, regardless of

whether the voluntary program receives

HUD funding.

(2) Revision. Following HUD’s initial

approval of the Action Plan, no further

approval of the Action Plan is required

unless the PHA or owner proposes to

make policy changes to the Action Plan

or increase the size of a voluntary

program; or HUD requires other

changes. In such cases, the PHA or

owner must submit such changes to the

Action Plan to HUD for approval.

(d) Contents of Action Plan. The

Action Plan shall describe the policies

and procedures for the operation of a

local FSS program, and shall contain, at

a minimum, the following information:

(1) Family demographics. A

description of the number, size,

characteristics, and other demographics

(including racial and ethnic data), and

the supportive service needs of the

families expected to participate in the

FSS program;

(2) Estimate of participating families.

A description of the number of eligible

FSS families who can reasonably be

expected to receive supportive services

under the FSS program, based on

available and anticipated Federal, tribal,

State, local, and private resources;

(3) Eligible families from other self-

sufficiency programs. If applicable, the

number of families, by program type,

who are participating in other local self-

sufficiency programs and are expected

to agree to execute an FSS CoP.

(4) FSS family selection procedures. A

statement indicating the procedures to

be utilized to select families for

participation in the FSS program,

subject to the requirements governing

the selection of FSS families, set forth

in § 984.203. This statement must

include a description of how the

selection procedures ensure that

families will be selected without regard

to race, color, religion, sex, disability,

familial status, or national origin.

(5) Incentives to encourage

participation. A description of the

incentives that will be offered to eligible

families to encourage their participation

in the FSS program (incentives plan).

The incentives plan shall provide for

the establishment of the FSS account in

accordance with the requirements set

forth in § 984.305, and other incentives,

if any. The incentives plan shall be part

of the Action Plan.

(6) Outreach efforts. A description of:

(i) The efforts, including notification

and outreach efforts, to recruit FSS

participants from among eligible

families; and,

(ii) The actions to be taken to assure

that both minority and non-minority

groups are informed about the FSS

program, and how this information will

be made available.

(7) FSS activities and supportive

services. A description of the activities

and supportive services to be

coordinated on behalf of participating

FSS families and identification of the

public and private resources which are

expected to provide the supportive

services.

(8) Method for identification of family

support needs. A description of how the

FSS program will identify the needs and

coordinate the services and activities

according to the needs of the FSS

families;

(9) Program termination; withholding

of services; and available grievance

procedures. A description of all policies

concerning termination of participation

in the FSS program, or withholding of

coordination of supportive services, on

the basis of a family’s failure to comply

with the requirements of the CoP; and

the grievance and hearing procedures

available for FSS families.

(10) Assurances of non-interference

with rights of non-participating families.

An assurance that a family’s election not

to participate in the FSS program will

not affect the family’s admission to

public housing or to the Section 8

program or the family’s right to

occupancy in accordance with its lease.

(11) Timetable for program

implementation. A timetable for

implementation of the FSS program, as

provided in § 984.301(a)(1), including

the schedule for filling FSS slots with

eligible FSS families, as provided in

§ 984.301;

(12) Certification of coordination. A

certification that development of the

services and activities under the FSS

program has been coordinated with

programs under title I of the Workforce

Innovation and Opportunity Act (29

U.S.C. 3111 et seq.); and any other

relevant employment, child care,

transportation, training, and education

programs, and financial empowerment

in the applicable area, and that

implementation will continue to be

coordinated, in order to avoid

duplication of services and activities;

and,

(13) Optional additional information.

Such other information that would help

HUD determine the soundness of the

proposed FSS program.

(e) Eligibility of a combined program.

A PHA or owner that wishes to operate

a joint FSS program with a PHA or

owner may combine its resources with

one or more PHAs or owners to deliver

supportive services under a joint Action

Plan that will provide for the

coordination of a combined FSS

program that meets the requirements of

this part.

(f) Single action plan. A PHA or

owner may submit one Action Plan that

covers all applicable rental assistance

programs (Section 8 vouchers, PBRA

and public housing) served by the FSS

program.

§ 984.202 Program Coordinating

Committee (PCC).

(a) General. Each participating PHA

must establish a PCC whose functions

will be to assist the PHA in securing

commitments of public and private

resources for the operation of the FSS

program within the PHA’s jurisdiction,

including assistance in developing the

Action Plan and in operating the

program.

(b) Membership—(1) Required

membership. The PCC must include

representatives of the PHA, including

one or more FSS coordinators, and one

or more participants from each HUD-

assisted program served by the PHA’s

FSS program. The PHA may seek

assistance from the following groups in

identifying potential PCC members:

(i) An area-wide or city-wide resident

council, if one exists;

(ii) If the PHA operates in a specific

public housing development, the

resident council or resident

management corporation, if one exists,

of the public housing development

where the public housing FSS program

is to be carried out;

(iii) Any other resident group, which

the PHA believes is interested in the

FSS program and would contribute to

the development and coordination of

the FSS program (such as the Resident

Advisory Board or tenant association, as

applicable.).

(2) Recommended membership.

Membership on the PCC may include

representatives of the unit of general

local government served by the PHA,

local agencies (if any) responsible for

carrying out programs under title I of

the Workforce Innovation and

Opportunity Act (29 U.S.C. 3111 et

seq.), and other organizations, such as

other State, local or tribal welfare and

employment agencies, public and

private primary, secondary, and post-

secondary education or training

institutions, child care providers,

financial empowerment organizations,

nonprofit service providers, private

businesses, and any other public and

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private service providers with resources

to assist the FSS program.

may, in consultation with the chief

executive officer of the unit of general

local government served by the PHA

and one or more residents of each HUD-

assisted program served by the FSS

program, utilize an existing entity as the

PCC if the membership of the existing

entity consists, or will consist of, the

individuals identified in paragraph

(b)(1) of this section, and also includes

individuals from the same or similar

organizations identified in paragraph

(b)(2) of this section.

§ 984.203 FSS family selection

procedures.

(a) Preference in the FSS selection

process. A PHA has the option of giving

a selection preference for up to fifty (50)

percent of its FSS slots to eligible

families, as defined in § 984.103, who

have one or more family members

currently enrolled in an FSS related

service program or on the waiting list

for such a program. The PHA may limit

the selection preference given to

participants in, and applicants for, FSS

related service programs to one or more

eligible FSS related service programs. A

PHA that chooses to exercise the

selection preference option must

include the following information in its

Action Plan:

(1) The percentage of FSS slots, not to

exceed fifty (50) percent of the total

number of FSS slots, for which it will

give a selection preference;

(2) The FSS related service programs

to which it will give a selection

preference to the programs’ participants

and applicants; and

(3) The method of outreach to, and

selection of, families with one or more

members participating in the identified

programs.

(b) Selection among families with

preference. The PHA may use either of

the following to select among applicants

on the FSS waiting list with the same

preference status:

(1) Date and time of application to the

FSS program; or,

(2) A drawing or other random choice

technique.

For those FSS slots for which a selection

preference is not applicable, the FSS

slots must be filled with eligible

families in accordance with an objective

selection system, such as a lottery, the

length of time living in subsidized

housing, or the date the family

expressed an interest in participating in

the FSS program. The objective system

to be used by the PHA must be

described in the PHA’s Action Plan.

(d) Motivation as a selection factor—

(1) General. A PHA may screen families

for interest, and motivation to

participate in the FSS program,

provided that the factors utilized by the

PHA are those which solely measure the

family’s interest, and motivation to

participate in the FSS program.

(2) Permissible motivational screening

factors. Permitted motivational factors

include requiring attendance at FSS

orientation sessions or preselection

interviews and assigning certain tasks

which indicate the family’s willingness

to undertake the obligations which may

be imposed by the FSS CoP. Any tasks

assigned shall be those which may be

readily accomplishable by the family,

based on the family members’

educational level, and disabilities, if

any. Reasonable accommodations must

be made for individuals with

disabilities, including, e.g., mobility,

manual, sensory, speech, mental,

intellectual, or developmental

disabilities;

(3) Prohibited motivational screening

factors. Prohibited motivational

screening factors include the family’s

educational level, educational or

standardized motivational test results,

previous job history or job performance,

credit rating, marital status, number of

children, or other factors, such as

sensory or manual skills, and any

factors which may result in

discriminatory practices or treatment

toward individuals with disabilities or

minority or non-minority groups.

§ 984.204 On-site facilities.

Each PHA or owner may, subject to

the approval of HUD, make available

and utilize common areas or

unoccupied dwelling units in properties

owned by the entity to provide or

coordinate supportive services under

any FSS program.

Subpart C—Program Operations

§ 984.301 Program implementation.

(a) Voluntary program

implementation. Unless otherwise

required under a funding notice, there is

no deadline for implementation of a

voluntary program. A voluntary

program, however, may not be

implemented before the requirements of

§ 984.201 have been satisfied.

(b) Program administration. A PHA

may employ appropriate staff, including

a service coordinator or program

coordinator to administer its FSS

program, and may contract with an

appropriate organization to establish

and administer all or part of the FSS

program, including the FSS account, as

provided by § 984.305.

§ 984.302 FSS funds.

(a) Public housing program. Subject to

appropriations by Congress, PHAs may

use funds provided under section 9 of

the 1937 Act to cover reasonable and

eligible administrative costs incurred by

PHAs in carrying out the FSS program.

(b) Section 8(o) program. Subject to

appropriations by Congress, PHAs may

use the administrative fees paid to PHAs

for costs associated with operation of an

FSS program.

with operation of an FSS program are

established by the Congress and subject

to appropriations. FSS funds may be

used by PHAs or owners for costs

associated with families who are

enrolled in an FSS program under this

part, including through a Cooperative

Agreement in accordance with

§ 984.106.

§ 984.303 Contract of Participation (CoP).

(a) General. Each eligible family that

is selected to participate in an FSS

program must enter into a CoP with the

PHA or owner that operates the FSS

program in which the family will

participate. The CoP shall be signed by

a representative of the PHA or the

owner and the head of the FSS family,

as designated by the family in

consultation with the PHA or the owner.

This head of FSS family does not have

to be the same as the official Head of

Household for rental assistance

purposes.

(b) Form and content of contract—(1)

General. The CoP, which incorporates

the ITSP(s), shall set forth the principal

terms and conditions governing

participation in the FSS program. These

include the rights and responsibilities of

the FSS family and of the PHA or

owner, the services to be provided to,

and the activities to be completed by,

each adult member of the FSS family

who elects to participate in the program.

(2) FSS Family goals. The ITSP

incorporated in the CoP, shall establish

specific interim and final goals by

which the PHA or owner, and the

family, may measure the FSS family’s

progress towards fulfilling its

obligations under the CoP, and

becoming self-sufficient. For any FSS

family that is a recipient of welfare

assistance, the PHA or owner must

establish as an interim goal for each FSS

participant that every member of the

family become independent from

welfare assistance before the expiration

of the term of the CoP, including any

extension thereof. Also, see the

employment obligation described in

§ 984.303(b)(4) below. Aside from the

goals specifically required in this

section, PHAs or owners must work

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with each participant to establish

realistic and individualized goals and

may not include additional mandatory

goals that are applicable to every FSS

program participant.

(3) Compliance with lease terms. The

CoP shall provide that one of the

obligations of the FSS family is to

comply with the terms and conditions

of the respective public housing or

Section 8 lease. All considerations

allowed for other assisted residents for

repayment agreements, etc., shall not be

limited for FSS participants due to their

participation in FSS.

(4) Employment obligation. (i)

Although all members of the FSS family

may seek and maintain suitable

employment during the term of the

contract, only one adult family member

with an ITSP shall be required under

the CoP to seek and maintain suitable

employment during the term of the

contract and any extension thereof.

(ii) Seek employment. The obligation

to seek employment means searching for

jobs, applying for employment,

attending job interviews, and otherwise

following through on employment

opportunities.

(iii) Determination of suitable

employment. A determination of

suitable employment shall be made by

the PHA or owner based on the skills,

education, and job training of the

household member, and based on the

available job opportunities within the

jurisdiction served by the PHA or

owner.

(5) Consequences of noncompliance

with the contract. The CoP shall specify

that if the FSS family fails to comply,

without good cause, with the terms and

conditions of the CoP, including

compliance with the public housing

lease or the Section 8 lease, the PHA or

owner may:

(i) Withhold the coordination of

supportive services; or,

(ii) Terminate the family’s

participation in the FSS program.

provide that each FSS family will be

required to fulfill those obligations to

which the FSS family has committed

itself under the CoP no later than 5

years after the first recertification of

income after the execution date of the

CoP.

(d) Contract extension. The PHA or

owner shall, in writing, extend the term

of the CoP for a period not to exceed

two (2) years for any FSS family that

requests, in writing, an extension of the

contract, provided that the PHA or

owner finds that good cause exists for

granting the extension. The family’s

written request for an extension must

include a description of the need for the

extension. As used in this paragraph (d)

of this section, ‘‘good cause’’ means

circumstances beyond the control of the

FSS family, as determined by the PHA

or owner, such as a serious illness or

involuntary loss of employment, or

active pursuit of a current or additional

goal that will result in furtherance of

self-sufficiency during the period of the

extension (e.g., completion of a college

degree during which the participant is

unemployed or under-employed, credit

repair towards being homeownership

ready, etc.). Extension of the CoP will

entitle the FSS family to continue to

have amounts credited to the family’s

FSS account in accordance with

§ 984.304.

(e) Unavailability of supportive

services—(1) Good-faith effort to replace

unavailable services. If a social service

agency fails to deliver the supportive

services pledged under an FSS family

member’s ITSP, the PHA or owner shall

make a good faith effort to obtain these

services from another agency.

(2) Assessment of necessity of

services. If the PHA or owner is unable

to obtain the services from another

agency, the PHA or owner shall reassess

the family member’s needs and

determine whether other available

services would achieve the same

purpose. If other available services

would not achieve the same purpose,

the PHA or owner shall determine

whether the unavailable services are

integral to the FSS family’s

advancement or progress toward self-

sufficiency. If the unavailable services

are:

(i) Determined not to be integral to the

FSS family’s advancement toward self-

sufficiency, the PHA or owner shall

revise the ITSP to delete these services,

and modify the CoP to remove any

obligation on the part of the FSS family

to accept the unavailable services, in

accordance with paragraph (f) of this

section; or,

(ii) Determined to be integral to the

FSS family’s advancement toward self-

sufficiency, the PHA or owner shall

declare the CoP null and void and

follow the requirements in paragraph (k)

of this section.

(f) Modification. The PHA or owner

and the FSS family may mutually agree

to modify the CoP with respect to the

ITSP and/or the contract term in

accordance with paragraph (d) of this

section, and/or designation of the head

of the FSS family. Modifications must

be in writing.

(g) Completion of the contract. The

CoP is considered to be completed, and

a family’s participation in the FSS

program is considered to be concluded

when the FSS family has fulfilled all of

its obligations under the CoP, on or

before the expiration of the contract

term, including any extension thereof.

(h) Termination of the contract. The

CoP is automatically terminated if the

family’s housing assistance is

terminated in accordance with HUD

requirements. The CoP may be

terminated before the expiration of the

contract term, and any extension

thereof, by:

(1) Mutual consent of the parties;

(2) The failure of the FSS family to

meet its obligations under the CoP

without good cause, including, for

Section 8(o) participants, failure to

comply with the contract requirements

because the family has moved outside

the jurisdiction of the PHA or out of

multifamily assisted housing;

(3) The family’s withdrawal from the

FSS program;

(4) Such other act as is deemed

inconsistent with the purpose of the

FSS program; or

(5) Operation of law.

(i) Option to terminate FSS

participation and supportive service

assistance. The PHA or owner may

terminate or withhold the coordination

of supportive services, and the FSS

family’s participation in the FSS

program, if the PHA or owner

determines, in accordance with the FSS

Action Plan hearing procedures, that the

FSS family has failed to comply without

good cause with the requirements of the

CoP as provided in paragraph (b)(5) of

this section.

(j) Transitional supportive service

assistance. A PHA or owner may

continue to offer to a former FSS family

that has completed its CoP, appropriate

coordination of those FSS supportive

services needed to become self-

sufficient (if the family still resides in

public housing or Section 8 housing), or

in remaining self-sufficient (if the family

no longer resides in public, Section 8,

or other assisted housing).

(k) Nullification. (1) The CoP is

considered null and void when:

(i) Services that the PHA or owner has

determined are integral to the FSS

family’s advancement towards self-

sufficiency are unavailable, as described

in paragraph (e) of this section.

(ii) The head of the FSS family

becomes permanently disabled and

unable to work or dies during the period

of the contract, unless the PHA or owner

and the FSS family determine that it is

possible to modify the contract to

designate a new head of the FSS family.

(2) Upon nullification of a CoP,

escrow funds must be handled

consistent with § 984.305(b)(3) and

(c)(3).

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§ 984.304 Amount of rent paid by FSS

family and increases in family income.

(a) The amount of rent paid by an FSS

family is determined in accordance with

the requirements of the applicable

housing assistance program as specified

in paragraphs (a)(1) and (2) of this

section.

(1) Public housing program:

Calculation of total tenant payment.

Total tenant payment for an FSS family

participating in the FSS program is

determined in accordance with the

regulations set forth in 24 CFR part 5,

subpart F.

(2) Section 8(o) programs: Calculation

of total tenant payment. (i) For the HCV

program, rent is determined in

accordance with 24 CFR part 982,

subpart K; and

(ii) For the PBV program, rent is

determined in accordance with 24 CFR

part 983, subpart G.

(b) Increases in FSS family income.

Any increase in the earned income of an

FSS family during its participation in an

FSS program may not be considered as

income or a resource for purposes of

eligibility of the FSS family for other

benefits, or amount of benefits payable

to the FSS family, under any other

program administered by HUD.

§ 984.305 FSS account.

(a) Establishment of FSS account—(1)

General. The PHA or owner shall

deposit the FSS account funds of all

families participating in an FSS program

into a single interest-bearing depository

account. The PHA or owner must

deposit the FSS account funds in one or

more of the HUD-approved investments.

This account may be part of the PHA’s

or owner’s overall accounts, as long as

it is in compliance with paragraph (a)(2)

of this section. During the term of the

CoP, the escrow credit amount shall be

determined in accordance with

paragraph (b) of this section at each

reexamination of income, which occurs

after the effective date of the CoP. Such

escrow credit amount must be deposited

each month by the PHA or owner to

each family’s FSS account.

(2) Accounting for FSS account

funds—(i) Accounting records. The total

of the combined FSS account funds will

be supported in the accounting records

by a subsidiary ledger showing the

balance applicable to each FSS family.

(ii) Proration of investment income.

The investment income for funds in the

FSS account will be prorated and

credited to each family’s FSS account

based on the balance in each family’s

FSS account at the end of the period for

which the investment income is

credited.

(iii) Reduction of amounts due by FSS

family. If the FSS family has not paid

the family contribution towards rent, or

other amounts, if any, due under the

public housing or Section 8-assisted

lease, the balance in the family’s FSS

account shall be reduced by that amount

(as determined by the owner or reported

by the owner to the PHA in the Section

8(o) programs) at the time of final

disbursement of FSS escrow funds in

accordance with paragraph (c) of this

section. If the FSS family has been

found to have fraudulently under-

reported income after the escrow

calculation baseline was set, the amount

credited to the FSS account will be

based on the income amounts originally

reported by the FSS family. If the FSS

family is found to have fraudulently

under-reported income in the

certification used to set the baseline, the

escrow for the entire period of the CoP

will be re-calculated using the correct

income to set the baseline and then

subsequent escrow amounts.

(3) Reporting on FSS account. Each

PHA or owner will be required to make

a report, at least once annually, to each

FSS family on the status of the family’s

FSS account. At a minimum, the report

will include:

(i) The balance at the beginning of the

reporting period;

(ii) The amount of the family’s rent

payment that was credited to the FSS

account, during the reporting period;

(iii) Any deductions made from the

account at the time of final

disbursement of FSS escrow funds (see

paragraphs (a)(2)(iii) and (c) of this

section) for amounts due the PHA or

owner;

(iv) The amount of interest earned on

the account during the year; and

(v) The total in the account at the end

of the reporting period.

(b) FSS credit—(1) Determining the

family’s baseline information. When

determining the family’s baseline

annual earned income and the baseline

monthly rent amounts for purposes of

computing the FSS credit, the PHA or

owner must set a policy to either

conduct a new re-examination of

income before the effective date of the

FSS contract, or to use the amounts on

the family’s last income reexamination.

(2) Computation of amount. The FSS

credit amount shall be the lower of:

(i) Thirty (30) percent of one-twelfth

(1/12) (i.e., two and a half (2.5) percent)

of the amount by which the family’s

current annual earned income exceeds

the family’s baseline annual earned

income; or

(ii) The increase in the family’s

monthly rent. The increase in the

family’s monthly rent shall be the lower

of:

(A) The amount by which the family’s

current monthly rent exceeds the

family’s baseline monthly rent;

(B) For HCV families, the difference

between the baseline monthly rent and

the current gross rent (i.e., rent to owner

plus any utility allowance) or the

payment standard, whichever is lower;

between the baseline monthly rent and

the current gross rent (i.e., rent to owner

plus any utility allowance).

(3) Ineligibility for FSS credit. FSS

families who are not low-income

families (i.e., whose adjusted annual

income exceeds eighty (80) percent of

the area median income) shall not be

entitled to any FSS credit.

(4) Cessation of FSS credit. The PHA

or owner shall not make additional

credits to the FSS family’s FSS account:

(i) When the FSS family has

completed the CoP, as defined in

§ 984.303(g);

(ii) When the CoP is terminated or

otherwise nullified; or

(iii) During the time a HCV family is

in the process of moving to a new unit,

in accordance with HCV program

requirements, and is not under a lease.

funds—(1) General. The amount in an

FSS account, in excess of any amount

owed to the PHA or owner by the FSS

family, as provided in paragraph

(a)(2)(iii) of this section, shall be paid to

the head of the FSS family when the

CoP has been completed as provided in

§ 984.303(g), and if, at the time of

contract completion, the head of the

FSS family submits to the PHA or owner

a certification, as defined in § 984.103,

that to the best of his or her knowledge

and belief, no member of the FSS family

is a recipient of welfare assistance.

(2) Disbursement before expiration of

contract term. (i) If the PHA or owner

determines that the FSS family has

fulfilled its obligations under the CoP

before the expiration of the contract

term, and the head of the FSS family

submits a certification that, to the best

of his or her knowledge, no member of

the FSS family is a recipient of welfare

assistance, the amount in the family’s

FSS account, in excess of any amount

owed to the PHA or owner by the FSS

family, as provided in paragraph

(a)(2)(iii) of this section, shall be paid to

the head of the FSS family.

(ii) If the PHA or owner determines

that the FSS family has fulfilled certain

interim goals established in the CoP and

needs a portion of the FSS account

funds for purposes consistent with the

CoP, such as completion of higher

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education (i.e., college, graduate

school), job training, or to meet start-up

expenses involved in creation of a small

business, the PHA or owner may, at the

PHA’s or owner’s sole discretion,

disburse a portion of the funds from the

family’s FSS account to assist the family

in paying those expenses. Unless the

interim disbursement was made based

on fraudulent information from the

family, the family is not required to

repay such interim amounts if the

family does not complete the CoP.

(3) Disbursement under nullified

contracts. If the CoP is nullified in

accordance with § 984.303(k), the PHA

or owner must disburse to the family, in

excess of any amount owed to the PHA

or owner by the FSS family, as provided

in paragraph (a)(2)(iii) of this section,

the amount of escrow funds

accumulated by the family before the

effective date of the nullification of the

contract.

(4) Verification of family certification.

Before disbursement of the FSS account

funds to the family, the PHA or owner

may verify that the FSS family is no

longer a recipient of welfare assistance

by requesting copies of any documents

which may indicate whether the family

is receiving any welfare assistance and

contacting welfare agencies.

(d) Succession of FSS account. If the

head of the FSS family ceases to reside

with other family members in the public

housing or the Section 8-assisted unit,

the remaining members of the FSS

family, after consultation with the PHA

or owner, shall have the right to

designate another family member to

receive the funds in accordance with

paragraph (c) of this section.

(e) Use of FSS account funds for

homeownership. An FSS family may use

its FSS account funds for the purchase

of a home, including the purchase of a

home under one of HUD’s

homeownership programs, or other

Federal, State, or local homeownership

programs, unless such use is prohibited

by the statute or regulations governing

the particular homeownership program.

(f) Forfeiture of FSS account funds—

(1) Conditions for forfeiture. Amounts in

the FSS account shall be forfeited upon

the occurrence of the following:

(i) The CoP is terminated, as provided

in § 984.303(h); or,

(ii) The CoP is completed by the

family, as provided in § 984.303(g), but

the FSS family is receiving welfare

assistance at the time the CoP expires,

including any extension thereof.

(2) Treatment of forfeited FSS account

funds. FSS account funds forfeited by

the FSS family must be used by the PHA

or owner for the benefit of the FSS

program and its participants.

(i) Specifically, such funds may be

used on the following eligible activities:

(A) Support for FSS participants in

good standing, including, but not

limited to, transportation, child care,

training, testing fees, and employment

preparation costs.

(B) Training for Program

Coordinator(s),

determined by the Secretary.

(ii) Such funds may not be used for

salary and fringe benefits of FSS

program coordinators; for HAP expenses

or public housing operating funds; or

any other activity determined ineligible

by the Secretary.

§ 984.306 HCV portability requirements.

(a) Initial occupancy—(1) First 12

months. An HCV family participating in

the FSS program must lease an HCV-

assisted unit, for a minimum period of

12 months after the effective date of the

CoP, in the jurisdiction of the PHA that

selected the family for the FSS program.

However, the initial PHA may approve

a family’s request to move outside of its

jurisdiction under portability (in

accordance with § 982.353 of this

chapter) during this period.

(2) After the first 12 months. After the

first 12 months of the FSS CoP, the FSS

family may move outside the initial

PHA jurisdiction under portability

procedures (in accordance with

§ 982.353 of this chapter).

(b) An FSS family moves to the

jurisdiction of a receiving PHA that

administers an FSS program. Whether

the receiving PHA bills the initial PHA

or absorbs the FSS family into its HCV

program, the receiving PHA must enroll

an FSS family in good standing in its

FSS program, unless the receiving PHA

and the initial PHA agree to the FSS

family’s continued participation in the

initial PHA’s FSS program if the initial

PHA determines that the relocating FSS

family has demonstrated that,

notwithstanding the move, it will be

able to fulfill its responsibilities under

the initial or modified CoP at its new

place of residence. For example, the FSS

family may be able to commute to the

supportive services specified in the CoP,

or the family may move to obtain

employment as specified in the contract.

jurisdiction of a receiving PHA that does

not administer an FSS program. If the

receiving PHA does not administer an

FSS program, the FSS family may not

continue participation in the FSS

program. The initial PHA must clearly

discuss the options that may be

available to the family, depending on

the family’s specific circumstances,

which may include, but are not limited

to, modification of the FSS contract,

termination of the FSS contract and

forfeiture of escrow, or locating a

receiving PHA that administers an FSS

program.

(d) Single FSS account. Regardless of

whether the FSS family remains in the

FSS program of the initial PHA or is

enrolled in the FSS program of the

receiving PHA, there will be a single

FSS account which will be maintained

by the initial PHA if the receiving PHA

is billing the initial PHA. If an FSS

family will be absorbed by the receiving

PHA, the initial PHA will transfer the

family’s FSS account to the receiving

PHA and the receiving PHA will

maintain the FSS account.

(e) FSS program termination; loss of

FSS account. (1) If an FSS family

relocates to another jurisdiction, as

provided under this section, and is

unable to fulfill its obligations under the

CoP (or any modifications thereto), the

PHA, which is a party to the CoP, must

terminate the FSS family from the FSS

program, and the family’s FSS account

will be forfeited. Termination of FSS

program participation must be used

only as a last resort, after the PHA

determines, in consultation with the

family, that the family would be unable

to fulfill its obligations under the CoP

after the move and that the current CoP

cannot be modified to allow for

graduation prior to porting. When

termination is the only option, the PHA

must clearly notify the family that the

move will result in the loss of escrow

funds.

(2) In the event of forfeiture of the

family’s FSS account, the funds in the

family’s FSS account will revert to the

PHA maintaining the FSS account for

the family.

(f) Contract of Participation (CoP). (1)

If the FSS family enrolls in the receiving

PHA’s FSS program pursuant to this

section, the receiving PHA will enter

into a new CoP with the FSS family for

the term remaining on the contract with

the initial PHA. The initial PHA will

terminate its CoP with the family;

(2) If the FSS family remains in the

FSS program of the initial PHA,

pursuant to this section, the original

CoP, executed by the initial PHA, will

remain as the contract in place.

(g) Enrollment of a non-participant in

the receiving PHA’s FSS program—(1)

Billing. If the receiving PHA bills the

initial PHA, a family that was not an

FSS participant at the initial PHA may

not enroll in the receiving PHA’s FSS

program.

(2) Absorption. If the receiving PHA

absorbs the family into its HCV

program, the receiving PHA may,

consistent with the receiving PHA’s FSS

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enrollment policies, enroll a family that

was not an FSS participant at the initial

PHA into its FSS program.

Subpart D—Reporting

§ 984.401 Reporting.

Each PHA or owner that carries out an

FSS program shall submit to HUD, in

the form prescribed by HUD, a report

regarding its FSS program. The report

shall include the following information:

(a) A description of the activities

carried out under the program;

(b) A description of the effectiveness

of the program in assisting families to

achieve economic independence and

self-sufficiency, including the number

of families enrolled and graduated and

the number of established escrow

accounts and positive escrow balances;

of the program in coordinating resources

of communities to assist families to

achieve economic independence and

self-sufficiency; and

(d) Any recommendations by the PHA

or owner or the appropriate local

Program Coordinating Committee for

legislative or administrative action that

would improve the FSS program and

ensure the effectiveness of the program.

R. Hunter Kurtz,

Assistant Secretary for Public and Indian

Housing.

Dana T. Wade,

Assistant Secretary for Housing—Federal

Housing Commissioner.

BILLING CODE 4210–01–P

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[FR Doc. 2020–18896 Filed 9–18–20; 8:45 am]

BILLING CODE 4210–67–C

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2020–0328]

RIN 1625–AA00

Safety Zones; Marine Events Held in

the Sector Boston Captain of the Port

Zone

AGENCY

: Coast Guard, DHS.

ACTION

: Notice of proposed rulemaking.

SUMMARY

: The Coast Guard is proposing

to establish a temporary safety zone for

certain waters of the Atlantic Ocean.

This action is necessary to provide for

the safety of life on these navigable

waters near Sandy Beach, Cohasset, MA,

during a fireworks display on November

28, 2020. This proposed rulemaking

would prohibit persons and vessels

from being in the safety zone unless

authorized by the Captain of the Port

Boston or a designated representative.

We invite your comments on this

proposed rulemaking.

DATES

: Comments and related material

must be received by the Coast Guard on

or before October 21, 2020.

ADDRESSES

: You may submit comments

identified by docket number USCG–

2020–0328 using the Federal

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public

Participation and Request for

Comments’’ portion of the

SUPPLEMENTARY INFORMATION

section for

further instructions on submitting

comments.

FOR FURTHER INFORMATION CONTACT

: If

you have questions about this proposed

rulemaking, call or email MSTC Jae L.

Ramirez, Waterways Management

Representative; telephone 617–447–

6120 or Jae.L.Ramirez@uscg.mil.

SUPPLEMENTARY INFORMATION

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background, Purpose, and Legal

Basis

On May 26, 2020, the Cohasset 250th

Anniversary 2020 Committee notified

the Coast Guard that it will be

conducting a fireworks display from 9

p.m. to 10 p.m. on November 28, 2020,

to commemorate the 250th anniversary

of Cohasset. The fireworks are to be

launched from a barge in the Atlantic

Ocean approximately 1000 feet north of

the Sandy Beach in Cohasset, MA.

Hazards from firework displays include

accidental discharge of fireworks,

dangerous projectiles, and falling hot

embers or other debris. The Captain of

the Port Boston (COTP) has determined

that potential hazards associated with

the fireworks to be used in this display

would be a safety concern for anyone

within a 420-foot radius of the barge.

The purpose of this rulemaking is to

ensure the safety of vessels and the

navigable waters within a 420-foot

radius of the fireworks barge before,

during, and after the scheduled event.

The Coast Guard is proposing this

rulemaking under authority in 46 U.S.C.

70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

The COTP is proposing to establish a

safety zone from 9 p.m. to 10 p.m. on

November 28, 2020. The safety zone

would cover all navigable waters within

420 feet of a barge in the Atlantic Ocean

located approximately 1000 feet north of

Sandy Beach, Cohasset, MA. The

duration of the zone is intended to

ensure the safety of vessels and these

navigable waters before, during, and

after the scheduled 9 p.m. to 10 p.m.

fireworks display. No vessel or person

would be permitted to enter the safety

zone without obtaining permission from

the COTP or a designated

representative. The regulatory text we

are proposing appears at the end of this

document.

IV. Regulatory Analyses

We developed this proposed rule after

considering numerous statutes and

Executive orders related to rulemaking.

Below we summarize our analyses

based on a number of these statutes and

Executive orders, and we discuss First

Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits.

Executive Order 13771 directs agencies

to control regulatory costs through a

budgeting process. This NPRM has not

been designated a ‘‘significant

regulatory action,’’ under Executive

Order 12866. Accordingly, the NPRM

has not been reviewed by the Office of

Management and Budget (OMB), and

pursuant to OMB guidance it is exempt

from the requirements of Executive

Order 13771.

This regulatory action determination

is based on this regulatory action

determination is based on the size,

location, duration, and time-of-day of

the safety zone. Vessel traffic would be

able to safely transit around this safety

zone which would impact a small

designated area of the Atlantic Ocean

for one hour during the evening when

vessel traffic is normally low. Moreover,

the Coast Guard would issue a

Broadcast Notice to Mariners via VHF–

FM marine channel 16 about the zone,

and the rule would allow vessels to seek

permission to enter the zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of

1980, 5 U.S.C. 601–612, as amended,

requires Federal agencies to consider

the potential impact of regulations on

small entities during rulemaking. The

term ‘‘small entities’’ comprises small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

The Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule would not

have a significant economic impact on

a substantial number of small entities.

While some owners or operators of

vessels intending to transit the safety

zone may be small entities, for the

reasons stated in section IV.A above,

this proposed rule would not have a

significant economic impact on any

vessel owner or operator.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES

) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule. If the

rule would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please call or email the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section. The Coast

Guard will not retaliate against small

entities that question or complain about

this proposed rule or any policy or

action of the Coast Guard.

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Streamlining and Implementation of Economic Growth, Regulatory Relief, and Consumer Protection Act Changes to Family Self-Sufficiency (FSS) Program

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Over 100 Countries

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Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

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Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

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Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

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Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

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Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

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Over 2 million registered users