tion 1437f(b)(1) of this title or a housing voucher under section 1437f(o) of this title for as long as the family continues to reside in the building. The Secretary may adjust the fair market rent for such certificate to take into account conditions under which the building was purchased.

(4) Rental and relocation assistance

If any family resides in a dwelling unit in a public housing project in which other dwelling units are purchased under this section, and the family decides not to purchase the dwelling unit, the Secretary shall offer (to be selected by the family, at its option)—

(A) to assist the family in relocating to a comparable appropriate sized dwelling unit in another public housing project, and to reimburse the family for their cost of relocation; and

(B) to provide to the family the financial assistance necessary to permit the family to stay in the dwelling unit or to move to another comparable dwelling unit and to pay no more for rent than required under subparagraph (A), (B), or (C) of section 1437a(a)(1) of this title.

(c) Financial assistance for public housing agencies

The Secretary shall provide to public housing agencies such financial assistance as is necessary to permit such agencies to carry out the provisions of this section.

(d) Additional homeownership and management opportunities

This section shall not apply to the turnkey III, the mutual help, or any other homeownership program established under section 1437c(h) of this title or section 1437d(c)(4)(D) of this title and in existence before February 5, 1988.

(e) Regulations

The Secretary shall issue such regulations as may be necessary to carry out the provisions of this section. Such regulations may establish any additional terms and conditions for homeownership or resident management under this section that are determined by the Secretary to be appropriate.

(f) Annual report

The Secretary shall annually submit to the Congress a report setting forth

(1) the number, type, and cost of units sold; (2) the income, race, gender, children, and other characteristics of families purchasing or moving and not purchasing;

(3) the amount and type of financial assistance provided;

(4) the need for subsidy to ensure continued affordability and meet future maintenance and repair costs;

(5) any need for the development of additional public housing dwelling units as a result of the sale of public housing dwelling units under this section;

(6) recommendations of the Secretary for additional budget authority to carry out such development;

(7) recommendations of the Secretary to ensure decent homes and decent neighborhoods for low-income families; and

(8) the recommendations of the Secretary for statutory and regulatory improvements to the program.

(g) Limitation

Any authority of the Secretary under this section to provide financial assistance, or to enter into contracts to provide financial assistance, shall be effective only to such extent or in such amounts as are or have been provided in advance in an appropriation Act.

(Sept. 1, 1937, ch. 896, title I, § 21, as added Feb. 5, 1988, Pub. L. 100-242, title I, § 123, 101 Stat. 1842; renumbered title I, June 29, 1988, Pub. L. 100-358, § 5, 102 Stat. 681; amended Nov. 28, 1990, Pub. L. 101-625, title IV, § 416, title V, § 572(1), 104 Stat. 4161, 4236; Oct. 28, 1992, Pub. L. 102-550, title I, § 118, 106 Stat. 3695.)

AMENDMENTS

1992-Subsec. (a)(2)(C), (3)(C). Pub. L. 102-550 substituted "February 4, 1991" for "the effective date of the regulations implementing subchapter II-A of this chapter" and "after such date" for "after such effective date" and made technical amendment to reference to November 28, 1990, to reflect correction of corresponding provisions of original act.

1990-Subsec. (a). Pub. L. 101-625, § 572(1), which directed substitution of "low-income families" for "lower income families", was executed by substituting "Lowincome families" for "Lower income families" in introductory provisions to reflect the probable intent of Congress.

Subsec. (a)(2)(B). Pub. L. 101-625, § 416(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "The Secretary, and the public housing agency owning and operating a public housing project, shall provide such training, technical assistance, and educational assistance as the Secretary determines to be necessary to prepare the families residing in the project, and any resident management corporation established under paragraph (1), for homeownership."

Subsec. (a)(2)(C). Pub. L. 101-625, § 416(2), substituted "the effective date of the regulations implementing subchapter II-A of this chapter. The Secretary may not provide financial assistance under subparagraph (B), after such effective date, unless the Secretary determines that such assistance is necessary for the development of a homeownership program that was initiated, as determined by the Secretary, before November 28, 1990" for "September 30, 1990".

Subsec. (a)(3)(C). Pub. L. 101-625, § 416(3), substituted "the effective date of the regulations implementing subchapter II-A of this chapter. The authority for a resident management corporation to purchase 1 or more multifamily buildings in a public housing project from a public housing agency shall terminate after such effective date, unless the Secretary determines that such purchase is necessary for the development of a homeownership program that was initiated, as determined by the Secretary, before November 28, 1990" for "September 30, 1990".

Subsec. (f)(7). Pub. L. 101-625, § 572(1), substituted "low-income families" for "lower income families".

§ 1437t. Family investment centers

(a) Purpose

The purpose of this section is to provide families living in public housing with better access to educational and employment opportunities to achieve self-sufficiency and independence by

(1) developing facilities in or near public housing for training and support services;

(2) mobilizing public and private resources to expand and improve the delivery of such services;

(3) providing funding for such essential training and support services that cannot otherwise be funded; and

(4) improving the capacity of management to assess the training and service needs of families with children, coordinate the provision of training and services that meet such needs, and ensure the longterm 1 provision of such training and services.

(b) Grant authority

(1) In general

The Secretary may make grants to public housing agencies to adapt public housing to help families living in the public housing gain better access to educational and job opportunities to achieve self-sufficiency and independence. Assistance under this section may be made available only to public housing agencies that demonstrate to the satisfaction of the Secretary that supportive services (as such term is defined under subsection (j) of this section) will be made available. Facilities assisted under this section shall be in or near the premises of public housing. (2) Supplemental grant set-aside

The Secretary may reserve not more than 5 percent of the amounts available in each fiscal year under this section to supplement grants awarded to public housing agencies under this section when, in the determination of the Secretary, such supplemental adjustments are required to maintain adequate levels of services to eligible residents. (c) Use of amounts

Amounts received from a grant under this section may only be used for

(1) the renovation, conversion, or combination of vacant dwelling units in a public housing project to create common areas to accommodate the provision of supportive services;

(2) the renovation of existing common areas in a public housing project to accommodate the provision of supportive services;

(3) the renovation of facilities located near the premises of 1 or more public housing projects to accommodate the provision of supportive services;

(4) the provision of not more than 15 percent of the cost of any supportive services (which may be provided directly to eligible residents by the public housing agency or by contract or lease through other appropriate agencies or providers) only if the public housing agency demonstrates to the satisfaction of the Secretary that—

(A) the supportive services are appropriate to improve the access of eligible residents to employment and educational opportunities; and

(B) the public housing agency has made diligent efforts to use or obtain other avail

1 So in original. Probably should be "long-term".

able resources to fund or provide such services; and

(5) the employment of service coordinators subject to such minimum qualifications and standards that the Secretary may establish to ensure sound management, who may be responsible for

(A) assessing the training and service needs of eligible residents;

(B) working with service providers to coordinate the provision of services and tailor such services to the needs and characteristics of eligible residents;

(C) mobilizing public and private resources to ensure that the supportive services identified pursuant to subsection (e)(1) of this section can be funded over the time period identified under such subsection;

(B) 2 monitoring and evaluating the impact and effectiveness of any supportive service program receiving capital or operating assistance under this section; and

(V) performing such other duties and functions that the Secretary determines are appropriate to provide families living in public housing with better access to educational and employment opportunities.

(d) Allocation of grant amounts

Assistance under this section shall be allocated by the Secretary among approvable applications submitted by public housing agencies. (e) Applications

Applications for assistance under this section shall be submitted in such form and in accordance with such procedures as the Secretary shall establish. Each application for assistance shall contain

(1) a description of the supportive services that are to be provided over a 5-year period (or such longer period that the Secretary determines to be appropriate if assistance is provided for activities under subsection (c) of this section that involve substantial rehabilitation);

(2) a firm commitment of assistance from 1 or more sources ensuring that the supportive services will be provided for not less than 1 year following the completion of activities assisted under subsection (c) of this section;

(3) a description of public or private sources of assistance that can reasonably be expected to fund or provide supportive services for the entire period specified under paragraph (1), including evidence of any intention to provide assistance expressed by State and local governments, private foundations, and other organizations (including profit and nonprofit organizations);

(4) certification from the appropriate State or local agency (as determined by the Secretary) that

(A) the provision of supportive services described in paragraph (1) is well designed to provide resident families better access to

educational and employment opportunities; and

(B) there is a reasonable likelihood that such services will be funded or provided for the entire period specified in paragraph (1); (5) a description of assistance for which the public housing agency is applying under this section; and

(6) any other information or certifications that the Secretary determines are necessary or appropriate to achieve the purposes of this section.

(f) Selection

The Secretary shall establish selection criteria for grants under this section, which shall take into account

(1) the ability of the public housing agency or a designated service provider to provide the supportive services identified under subsection (e)(1) of this section;

(2) the need for such services in the public housing project;

(3) the extent to which the envisioned renovation, conversion, and combination activities are appropriate to facilitate the provision of such services;

(4) the extent to which the public housing agency has demonstrated that such services will be provided for the period identified under subsection (e)(1) of this section;

(5) the extent to which the public housing agency has a good record of maintaining and operating public housing; and

(6) any other factors that the Secretary determines to be appropriate to ensure that amounts made available under this section are used effectively.

(g) Reports

(1) To Secretary

Each public housing agency receiving a grant under this section shall submit to the Secretary, in such form and at such time as the Secretary shall prescribe, an annual progress report describing and evaluating the use of grant amounts received under this section.

(2) To Congress

The Secretary shall submit to the Congress annually, as a part of the report of the Secretary under section 3536 of this title, an evaluation of the effectiveness of activities carried out with grants under this section in such fiscal year. Such report shall summarize the progress reports submitted pursuant to paragraph (1).

(h) Employment of public housing residents

Each public housing agency shall, to the maximum extent practicable, employ public housing residents to provide the services assisted under this section or from other sources. Such persons shall be paid at a rate not less than the highest of

(1) the minimum wage that would be applicable to the employee under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.), if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)] applied to the resident and if the resident were not exempt under section 13 of such Act [29 U.S.C. 213];

(2) the State or local minimum wage for the most nearly comparable covered employment;

or

(3) the prevailing rates of pay for persons employed in similar public occupations by the same employer.

(i) Treatment of income

No service provided to a public housing resident under this section may be treated as income for the purpose of any other program or provision of State or Federal law.

(j) "Supportive services" defined

For purpose of this section, the term "supportive services" means new or significantly expanded services that the Secretary determines are essential to providing families living with children in public housing with better access to educational and employment opportunities. Such services may include

(1) child care;

(2) employment training and counseling;
(3) literacy training;

(4) computer skills training;

(5) assistance in the attainment of certificates of high school equivalency; and (6) other appropriate services.

(k) Authorization of appropriations

There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 1993 and $26,050,000 for fiscal year 1994. (Sept. 1, 1937, ch. 896, title I, § 22, as added Nov. 28, 1990, Pub. L. 101-625, title V, § 515(a), 104 Stat. 4196; amended Oct. 28, 1992, Pub. L. 102-550, title I, § 119, 106 Stat. 3695.)

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec. (h)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified principally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

AMENDMENTS

1992-Subsec. (k). Pub. L. 102-550 amended subsec. (k) generally, substituting present provisions for provisions authorizing $25,000,000 in fiscal year 1991 and $26,100,000 in fiscal year 1992.

PUBLIC HOUSING ONE-STOP PERINATAL SERVICES
DEMONSTRATION

Section 521 of Pub. L. 101-625, as amended by Pub. L. 102-550, title I, § 125, Oct. 28, 1992, 106 Stat. 3710, provided that:

"(a) ESTABLIshment of DEMONSTRATION PROGRAM.

"(1) IN GENERAL.-The Secretary of Housing and Urban Development, in consultation with the Secretary of Health and Human Services, shall carry out a program to demonstrate the effectiveness of providing grants to public housing agencies to assist such agencies in providing facilities for making onestop perinatal services programs (as defined in subsection (e)(1)) available for pregnant women who reside in public housing. Under the demonstration program, the Secretary shall make grants to not more than 10 public housing agencies.

“(2) ConsultATION REQUIREMENTS.—In carrying out the demonstration program under this section, the Secretary shall consult with the heads of other appropriate Federal agencies.

"(b) ALLOCATION OF ASSISTANCE.—

"(1) PREFERENCES.-In selecting public housing agencies for grants under this section, the Secretary shall give preference to the following public housing agencies:

"(A) AREAS WITH HIGH INFANT MORTALITY RATES.Public housing agencies serving areas with high infant mortality rates.

"(B) SECURE FACILITIES.-Public housing agencies that demonstrate, to the satisfaction of the Secretary, that security will be provided so that women are safe when participating in the one-stop perinatal services program carried out at the facilities provided or assisted under this section.

"(2) LIMITATION ON GRANT AMOUNT.-The aggregate amount provided under this section for any public housing project may not exceed $15,000.

"(c) DEMONSTRATION PROGRAM REQUIREMENTS.—

"(1) APPLICATIONS.-Applications for grants under this section shall be made by public housing agencies in accordance with procedures established by the Secretary and shall include a description of the onestop perinatal services program to be provided in the facilities provided or assisted under this section.

"(2) USE OF GRANTS.-Any public housing agency receiving a grant under this section may use the grant only for the costs of providing facilities and minor renovations of facilities necessary to make one-stop perinatal services programs available to pregnant women who reside in public housing.

"(3) REPORTS TO SECRETARY.-Each public housing agency receiving a grant under this section for any fiscal year shall submit to the Secretary, not later than 3 months after the end of such fiscal year, a report describing the facilities provided by the public housing agency under this section and the one-stop perinatal services program carried out in such facilities. The report shall include data on the size of the facilities, the costs and extent of any renovations, the previous use of the facilities, the number of women assisted by the program, the trimester of the pregnancy of the women at the time of initial assistance, infant birthweight, infant mortality rate, and other relevant information.

"(4) APPLICABLE STANDARDS.-No provision of this section may be construed to authorize the Secretary to establish any health, safety, or other standards with respect to the services provided by the one-stop perinatal services program or facilities provided or assisted with grants received under this section. Such services and facilities shall comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities.

"(d) REPORT TO CONGRESS.-Not later than 1 year after the date that amounts to carry out this section are first made available under appropriations Acts, the Secretary shall prepare and submit to the Congress a comprehensive report setting forth the findings and conclusions of the Secretary as a result of carrying out the demonstration program under this section. The report shall include any recommendations of the Secretary with respect to the establishment of a permanent program of providing facilities in public housing for making perinatal services available to pregnant women who reside in the public housing.

"(e) DEFINITIONS.-For purposes of this section:

"(1) ONE-STOP PERINATAL SERVICES PROGRAM.-The term 'one-stop perinatal services program' means a program to provide a wide range of services for pregnant and new mothers in a coordinated manner at a drop-in center, which may include any of the following:

"(A) INFORMATION AND EDUCATION.-Information and education for pregnant women regarding perinatal care services, and related services and resources, necessary to decrease infant mortality and disability.

"(B) HEALTH CARE SERVICES.-Basic health care services that can be provided without a physician present.

"(C) REFERRAL.-Basic health screening of pregnant women and referrals for health care services. "(D) FOLLOWUP.-Followup assessment of women and infants (including measurement of weight) and referrals for health care services and related services and resources.

"(E) SOCIAL WORKER.-Information and assistance regarding Federal and State social services provided by a social worker.

"(F) OTHER.-Any other services to assist pregnant or new mothers.

"(2) PUBLIC HOUSING.-The terms 'public housing' and 'public housing agency' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

"(3) SECRETARY.-The term 'Secretary' means the Secretary of Housing and Urban Development. "(f) REGULATIONS.-The Secretary shall issue any regulations necessary to carry out this section.

"(g) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated for carrying out the demonstration program under this section $200,000 for fiscal year 1993 and $208,400 for fiscal year 1994."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437a, 1437g of this title.

§ 1437u. Family Self-Sufficiency program

(a) Purpose

The purpose of the Family Self-Sufficiency program established under this section is to promote the development of local strategies to coordinate use of public housing and assistance under the certificate and voucher programs under section 1437f of this title with public and private resources, to enable eligible families to achieve economic independence and self-sufficiency.

(b) Establishment of program

(1) Required programs

Except as provided in paragraph (2), the Secretary shall carry out a program under which each public housing agency that administers assistance under subsection (b) or (o) of section 1437f of this title or makes available new public housing dwelling units—

(A) may, during fiscal years 1991 and 1992, carry out a local Family Self-Sufficiency program under this section; and

(B) effective on October 1, 1992, the Secretary shall require each such agency to carry out a local Family Self-Sufficiency program under this section.

Each local program shall, subject to availability of supportive services, include an action plan under subsection (g) of this section and shall provide comprehensive supportive services for families electing to participate in the program. In carrying out the self-sufficiency program under this section, the Secretary shall consult with the heads of other appropriate Federal agencies and provide for cooperative actions and funding agreements with such agencies. Each public housing agency administering an approved local program may employ a service coordinator to administer the local program.

(2) Exception

The Secretary shall not require a public housing agency to carry out a local program under subsection (a) of this section if the public housing agency provides certification (as such term is defined under title I of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.]) to the Secretary, that the establishment and operation of the program is not feasible because of local circumstances, which may include

(A) lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under the Job Training Partnerships1 Act [29 U.S.C. 1501 et seq.] or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act [42 U.S.C. 681 et seq.];

(B) lack of funding for reasonable administrative costs;

(C) lack of cooperation by other units of State or local government; or

(D) any other circumstances that the Secretary may consider appropriate.

In allocating assistance available for reservation under this chapter, the Secretary may not refuse to provide assistance or decrease the amount of assistance that would otherwise be provided to any public housing agency because the agency has provided a certification under this paragraph or because, pursuant to a certification, the agency has failed to carry out a self-sufficiency program.

(3) Scope

Each public housing agency required to carry out a local program under this section shall make the following housing assistance available under the program in each fiscal year:

(A) Certificate and voucher assistance under section 1437f(b) and (o) of this title, in an amount equivalent to the increase for such year in the number of families so assisted by the agency (as compared to the preceding year).

(B) Public housing dwelling units, in the number equal to the increase for such year in units made available by the agency (as compared to the preceding year).

Each such public housing agency shall continue to operate a local program for the number of families determined under this paragraph subject only to the availability under appropriations Acts of sufficient amounts for assistance.

(4) Nonparticipation

Assistance under the certificate or voucher programs under section 1437f of this title for a family that elects not to participate in a local program shall not be delayed by reason of such election.

(c) Contract of participation

(1) In general

Each public housing agency carrying out a local program under this section shall enter

1 So in original. Probably should be "Partnership".

into a contract with each leaseholder receiving assistance under the certificate and voucher programs of the public housing agency under section 1437f of this title or residing in public housing administered by the agency, that elects to participate in the selfsufficiency program under this section. The contract shall set forth the provisions of the local program, shall establish specific interim and final goals by which compliance with and performance of the contract may be measured, and shall specify the resources and supportive services to be made available to the participating family pursuant to paragraph (2) and the responsibilities of the participating family. The contract shall provide that the public housing agency may terminate or withhold assistance under section 1437f of this title and services under paragraph (2) of this subsection if the public housing agency determines, through an administrative grievance procedure in accordance with the requirements of section 1437d(k) of this title, that the family has failed to comply with the requirements of the contract without good cause (which may include a loss or reduction in access to supportive services, or a change in circumstances that makes the family or individual unsuitable for participation).

(2) Supportive services

A local program under this section shall provide appropriate supportive services under this paragraph to each participating family entering into a contract of participation under paragraph (1). The supportive services shall be provided during the period the family is receiving assistance under section 1437f of this title or residing in public housing, and may include

(A) child care;

(B) transportation necessary to receive services;

(C) remedial education;

(D) education for completion of high school;

(E) job training and preparation;

(F) substance abuse treatment and counseling;

(G) training in homemaking and parenting skills;

(H) training in money management;

(I) training in household management; and

(J) any other services and resources appropriate to assist eligible families to achieve economic independence and selfsufficiency.

(3) Term and extension

Each family participating in a local program shall be required to fulfill its obligations under the contract of participation not later than 5 years after entering into the contract. The public housing agency shall extend the term of the contract for any family that requests an extension, upon a finding of the agency of good cause.