83 FR 13506 - Waivers and Alternative Requirements for the Jobs Plus Initiative Program

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 61 (March 29, 2018)

Since Fiscal Year 2014, Jobs Plus has provided competitive grants to partnerships between public housing authorities (PHAs), local workforce investment boards established under section 117 of the Workforce Investment Act of 1998, and other agencies and organizations that provide support to help public housing residents obtain employment and increase earnings. On March 13, 2015, HUD published a Federal Register notice announcing waivers and alternative requirements for Jobs Plus. This notice clarifies that those waivers and alternative requirements continue to apply until HUD publishes a Federal Register notice announcing a change in Federal law that requires HUD to alter or amend this Notice on terms and conditions as to how Jobs Plus funds may be used.

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13506-13507]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06361]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5846-N-02]


Waivers and Alternative Requirements for the Jobs Plus Initiative 
Program

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

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SUMMARY: Since Fiscal Year 2014, Jobs Plus has provided competitive 
grants to partnerships between public housing authorities (PHAs), local 
workforce investment boards established under section 117 of the 
Workforce Investment Act of 1998, and other agencies and organizations 
that provide support to help public housing residents obtain employment 
and increase earnings. On March 13, 2015, HUD published a Federal 
Register notice announcing waivers and alternative requirements for 
Jobs Plus. This notice clarifies that those waivers and alternative 
requirements continue to apply until HUD publishes a Federal Register 
notice announcing a change in Federal law that requires HUD to alter or 
amend this Notice on terms and conditions as to how Jobs Plus funds may 
be used.

DATES: Applicability Date: March 29, 2018.

[[Page 13507]]


FOR FURTHER INFORMATION CONTACT: To assure a timely response, please 
electronically direct requests for further information to this email 
address: [email protected]. Written requests may also be directed to the 
following address: Office of Public and Indian Housing--Jayme A. Brown, 
U.S. Department of Housing and Urban Development, 451 7th Street SW, 
Room 4120, Washington, DC 20410.

SUPPLEMENTARY INFORMATION: 

I. Background

    Jobs Plus promotes economic empowerment in low-income areas by 
providing funding to PHAs that develop locally-based, job-driven 
approaches to increase earnings and advance employment outcomes through 
work readiness, employer linkages, job placement, educational 
advancement, technology skills, and financial literacy for residents of 
public housing. Congress first appropriated funds for the program in 
the Consolidated Appropriations Act, 2014, (Pub. L. 113-76, approved 
January 17, 2014) (2014 Appropriations Act), and continued to 
appropriate funds for the program in the Consolidated and Further 
Continuing Appropriations Act, 2015, (Pub. L. 113-235, approved 
December 16, 2014) (2015 Appropriation Act), the Consolidated 
Appropriations Act, 2016, (Pub. L. 114-113, approved December 18, 
2015), and the Consolidated Appropriations Act, 2017 (Pub. L. 115-31, 
approved May 5, 2017). Each year, the provisions pertaining to Jobs 
Plus have remained substantially the same.
    On March 13, 2015, HUD published a Federal Register notice at 80 FR 
13415 titled ``Jobs-Plus Pilot Initiative,'' which announced waivers 
and alternative requirements for Jobs Plus. This notice clarifies that 
those waivers and alternative requirements continue to apply as long as 
Congress continues to appropriate funds for Jobs Plus, and the 
provisions governing the use of those funds remain substantially the 
same. HUD will announce any revisions to the waivers and alternative 
requirements for Jobs Plus in future Federal Register notices. The list 
of waivers and alternative requirements that were in the March 13, 
2015, notice is published in the appendix of this notice. HUD has made 
minor revisions to the language in the appendix from what was published 
in 2015 for clarity, but the waivers and alternative requirements 
remain substantively the same. The revised language clarifies that 
individuals, and not families, must enroll in Jobs Plus in order to 
obtain the benefit of a Jobs Plus earned income disregard; that PHAs 
may disallow all incremental increases in earned income from rent 
determinations for individuals in Jobs Plus public housing projects; 
and that the period of this disallowance is up to 48 months, beginning 
on the date on which a public housing resident enrolls in the Jobs Plus 
program and ending at the end of the grant period. The language in the 
appendix also reflects that HUD revised its regulations since the 2015 
notice was published so that there is a standard lifetime maximum two-
year earned-income disallowance period.

II. Environmental Review

    This Notice involves administrative and fiscal requirements related 
to income limits and exclusions with regard to calculation of rental 
assistance which do not constitute a development decision affecting the 
physical condition of specific project areas or building sites. 
Accordingly, under 24 CFR 50.19(c)(6), this Notice is categorically 
excluded from environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321).

    Dated: March 20, 2018.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.

Appendix--Jobs Plus Initiative and Alternative Requirements

    The statutes that have appropriated funds for the Jobs Plus 
program (the Consolidated Appropriations Act, 2014, Pub. L. 113-76; 
the Consolidated and Further Continuing Appropriations Act, 2015, 
Pub. L. 113-235; the Consolidated Appropriations Act, 2016, Pub. L. 
114-113; and the Consolidated Appropriations Act, 2017, Pub. L. 115-
31) provide that HUD is authorized to waive or alter the rent and 
income limitation requirements under sections 3 and 6 of the United 
States Housing Act of 1937 as necessary to implement Jobs Plus. The 
list of waivers and alternative requirements, as described above, 
follows:

I. Public Housing Rent Calculation

    Permissive exclusions for public housing. Provisions affected: 
Section 6(c) of the United States Housing Act of 1937 (42 U.S.C. 
1437d), 3(b)(5)(B) of the United States Housing Act of 1937 (42 
U.S.C. 1437a), and 24 CFR 5.609(c). Alternative requirements: The 
PHA shall calculate the annual earned income for Jobs Plus 
participants receiving the Jobs Plus earned income disregard 
separately from other income disregards for the purposes of 
determining the amount of annual income excluded under Jobs Plus. 
The records associated with the calculated disregarded amounts shall 
be provided to HUD for review; additional instructions for the 
submission of records will be provided at a later date. The PHA may 
use Jobs Plus grant funds to cover the decrease in funding 
associated with the increased tenant income.

II. Public Housing Income Limitation Requirements

    Disallowance of earned income from rent determination. 
Provisions affected: HUD is waiving section 3(d)(1) and (2), of the 
United States Housing Act of 1937 (42 U.S.C. 1437a) and 24 CFR 
960.255(b)(1), (b)(2), (b)(3) & (d). Alternative requirements: A PHA 
may disallow all incremental increases in earned income due to 
employment from rent determinations for individuals in Jobs Plus 
public housing projects for a period of up to 48 months, beginning 
on the date on which a public housing resident enrolls in the Jobs 
Plus program, and ending at the end of the grant period. A PHA must 
require individual members of a family in a Jobs Plus public housing 
project to enroll in Jobs Plus in order for each individual to be 
eligible for the benefit of the Jobs Plus earned income disregard. 
The PHA shall not setup Individual Savings Accounts in lieu of 
providing the Jobs Plus earned income exclusion. Any compensation to 
the PHA for lost rent revenues, such as by the standard earned 
income disregard calculation in the Operating Fund, will be manually 
adjusted by HUD to prevent overpayment of Public Housing Operating 
funds to grant recipients. Instead, PHAs shall use funds received 
through their Jobs Plus award to account for lost rental revenue due 
to the application of the Jobs Plus rent incentive.
    There shall be no phase-in period for families participating in 
Jobs Plus. Upon completion of the earned income exclusion period, 
the tenant's rent will be calculated based on the tenant's income, 
including all earned income in accordance with 24 CFR part 5, 
subpart F.
    The standard lifetime maximum two-year disallowance period 
prescribed in 24 CFR 960.255(b)(3) shall not apply to individuals 
participating in Jobs Plus. Individuals may benefit from the Jobs 
Plus earned income disregard even if they have previously benefited 
from the standard public housing earned income disregard. If 
individuals at Jobs Plus targeted developments receive the standard 
earned income disregard, they may continue to do so until they 
enroll in the Jobs Plus earned income disregard or until the time of 
their next rent-recertification, whichever is earlier.

[FR Doc. 2018-06361 Filed 3-28-18; 8:45 am]
 BILLING CODE 4210-67-P