Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2017
A BILL
To reauthorize the Assets for Independence Act, to provide for the approval of applications to operate new demonstration programs and to renew existing programs, to enhance program flexibility, and for other purposes.
2. Findings
3. Sense of Congress
4. Definitions
“(4) Household—The term household means an individual or group of individuals who live in a single residence. Multiple households may share a single residence.”
“(ii) a State or local government agency (or a public housing agency, as defined in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6))) or a tribal government (or a tribally designated housing entity, as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(22)));”
“(iii) a credit union designated as a low-income credit union by the National Credit Union Administration (NCUA); or
“(iv) an organization designated as a community development financial institution by the Secretary of the Treasury (or the Community Development Financial Institutions Fund).”
“(III) Preparatory courses—Preparatory courses for an examination required for admission to an eligible educational institution, for successful performance at an eligible educational institution, or for a professional licensing or certification examination.
“(IV) Room and board and transportation—Room and board and transportation, including commuting expenses, necessary to enable attendance at courses of instruction at an eligible educational institution or attendance at courses described in subclause (III).”
“(ii) Eligible educational institution—The term eligible educational institution means—
“(I) an institution described in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002); or
“(II) an area career and technical education school, as defined in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)).”
“(iii) Education purchase plan—The term education purchase plan means a plan—
“(I) for the purchase of items or services described in subclauses (II) through (IV) of clause (i) from entities other than eligible educational institutions;
“(II) that includes a description of the items or services to be purchased; and
“(III) that includes such information as a qualified entity may request from the eligible individual involved regarding the necessity of the items or services to a course of study at an eligible educational institution or a course described in clause (i)(III).”
“(i) Principal residence—The term principal residence means a main residence the qualified acquisition costs of which do not exceed 120 percent of the median house price in the area, as determined by the Secretary of Housing and Urban Development for purposes of section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved.”
“(I) In general—Subject to subclause (II), the term qualified first-time homebuyer means an individual participating in the project involved who—
“(aa) has no sole present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this subparagraph applies (except for an interest in such principal residence); and
“(bb) has no co-ownership interest in a principal residence on the date of acquisition of the principal residence to which this subparagraph applies (except for an interest in such principal residence).”
“(II) Exception for victims of domestic violence—An individual participating in the project involved who is a recent or current victim of domestic violence (as defined in section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(8))) shall not be considered to fail to be a qualified first-time homebuyer by reason of having a co-ownership interest in a principal residence with a person who committed domestic violence against the victim.”
“(C) Home replacement, repair, or improvement—Qualified replacement costs or qualified repair or improvement costs with respect to a principal residence, if paid from an individual development account directly to the persons to whom the amounts are due. In this subparagraph:
“(i) Principal residence—The term principal residence means—
“(I) with respect to payment of qualified replacement costs, a main residence the qualified replacement costs of which do not exceed 120 percent of the median house price in the area, as determined by the Secretary of Housing and Urban Development for purposes of section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved; or
“(II) with respect to qualified repair or improvement costs, a main residence the value of which does not exceed, on the day before the commencement of the repairs or improvements, 120 percent of such median house price.
“(ii) Qualified replacement costs—The term qualified replacement costs means the costs (including any usual or reasonable settlement, financing, or other closing costs) of replacing—
“(I) a manufactured home that was manufactured, assembled, or imported for resale before the initial effectiveness of any Federal manufactured home construction and safety standards established pursuant to section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403); or
“(II) a residence that fails to meet local building codes or is not legally habitable.
“(iii) Qualified repair or improvement costs—The term qualified repair or improvement costs means the costs of making repairs or improvements (including any usual or reasonable financing costs) that will enhance the habitability or long-term value of a residence.”
“(F) Qualified tuition programs—Contributions paid from an individual development account of an eligible individual directly to a qualified tuition program (as defined in subsection (b) of section 529 of the Internal Revenue Code of 1986), for the purpose of covering qualified higher education expenses (as defined in subsection (e)(3) of such section) of a dependent of such individual (as such term is used in clause (ii) of subparagraph (E)).”
5. Applications
“(h) Applications for new projects and renewals of existing projects—For project years beginning on or after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2017, the preceding provisions of this section shall only apply as follows:
“(1) Announcement of procedures—Not later than 180 days after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2017, the Secretary shall publicly announce the procedures by which a qualified entity may submit an application—
“(A) to conduct a demonstration project under this title; or
“(B) for renewal of authority to conduct a demonstration project under this title.
“(2) Approval—The Secretary shall, on a competitive basis, approve applications submitted pursuant to the procedures announced under paragraph (1), taking into account the assessments required by subsection (c) and giving special consideration to the applications described in paragraph (3).
“(3) Special consideration—The applications described in this paragraph are the following:
“(A) Applications submitted by qualified entities proposing to conduct demonstration projects under this title that will target the following populations:
“(i) Individuals who are or have been in foster care.
“(ii) Victims of domestic violence (as defined in section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(8))).
“(iii) Victims of—
“(I) a major disaster declared to exist by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declared to exist by the President under section 501 of such Act (42 U.S.C. 5191); or
“(II) a situation similar to a major disaster or emergency described in subclause (I) declared to exist by the Governor of a State.
“(iv) Formerly incarcerated individuals.
“(v) Individuals who are unemployed or underemployed.
“(B) Applications described in subsection (d).
“(4) Contracts with nonprofit entities—Subsection (f) shall continue to apply.
“(5) Grandfathering of existing statewide programs—Subsection (g) shall continue to apply, except that any reference in such subsection to the date of enactment of this Act or to $1,000,000 shall be deemed to be a reference to the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2017 or to $250,000, respectively.”
6. Demonstration authority; annual grants
7. Reserve Fund
“(3) Limitation on uses
“(A) In general—Of the amount provided to a qualified entity under section 406(b)—
“(i) not more than 5.5 percent shall be used for the purpose described in subparagraph (A) of paragraph (1);
“(ii) not less than 80 percent shall be used for the purpose described in subparagraph (B) of such paragraph; and
“(iii) not more than 14.5 percent shall be used for the purposes described in subparagraphs (C) and (D) of such paragraph.
“(B) Joint administration of project—If two or more qualified entities are jointly administering a demonstration project, no one such entity shall use more than its proportional share of the percentage indicated in subparagraph (A) of this paragraph for the purposes described in subparagraphs (A) through (D) of paragraph (1).”
8. Eligibility for participation
“(1) Income tests—The household meets either of the following income tests:
“(A) Adjusted gross income test—The adjusted gross income of the household for the last taxable year ending in or with the preceding calendar year does not exceed the greater of—
“(i) 200 percent of the Federal poverty line, as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section, for a family composed of the number of persons in the household at the end of such taxable year; or
“(ii) 80 percent of the median income for the area for such taxable year, as determined by the Secretary of Housing and Urban Development for purposes of section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)), taking into account any family-size adjustment by the Secretary under such section that corresponds to the size of the household at the end of such taxable year.
“(B) Modified adjusted gross income test
“(i) In general—The modified adjusted gross income of the household for the last taxable year ending in or with the preceding calendar year does not exceed the amount described in clause (ii) for the individual whose eligibility is being determined under this section.
“(ii) Amount described—The amount described in this clause for an individual is as follows:
“(I) Married filing jointly—$40,000 for an individual described in subsection (a)(1) of section 1 of the Internal Revenue Code of 1986.
“(II) Surviving spouse—$40,000 for an individual described in subsection (a)(2) of such section.
“(III) Head of household—$30,000 for an individual described in subsection (b) of such section.
“(IV) Single or married filing separately—$20,000 for an individual described in subsection (c) or (d) of such section.
“(iii) Adjustment for inflation
“(I) In general—In the case of a calendar year described in clause (i) that is after 2018, the dollar amounts in clause (ii) shall be the dollar amounts determined under this clause (or clause (ii)) for the previous year increased by the annual percentage increase (if any) in the consumer price index (all items; U.S. city average) as of September of the calendar year described in clause (i).
“(II) Rounding—Any dollar amount determined under subclause (I) that is not a multiple of $100 shall be rounded to the next greatest multiple of $100.”
“(D) Adjustment for inflation
“(i) In general—In the case of a calendar year described in subparagraph (A) that is after 2018, the dollar amount in such subparagraph shall be the dollar amount determined under this clause (or such subparagraph) for the previous year increased by the annual percentage increase (if any) in the consumer price index (all items; U.S. city average) as of September of the calendar year described in such subparagraph.
“(ii) Rounding—Any dollar amount determined under clause (i) that is not a multiple of $100 shall be rounded to the next greatest multiple of $100.”
“(b) Calculating income of household
“(1) Adjusted gross income—For purposes of subsection (a)(1)(A), the adjusted gross income of a household for a taxable year is the sum of the adjusted gross incomes of the individuals who are members of the household at the end of such year.
“(2) Modified adjusted gross income—For purposes of subsection (a)(1)(B), the modified adjusted gross income of a household for a taxable year is the sum of the modified adjusted gross incomes of the individuals who are members of the household at the end of such year.”
“(1) In general—The Secretary”
“(2) Individuals who move because of major disasters or emergencies or to find employment
“(A) In general—The regulations promulgated under paragraph (1) shall establish procedures under which an individual described in subparagraph (B) may transfer from one demonstration project under this title to another demonstration project under this title that is being conducted in another community by a qualified entity that agrees to accept the individual into the project. Such regulations shall not permit such a transfer unless such qualified entity has sufficient amounts in its Reserve Fund to make the deposits required by section 410 with respect to the individual.
“(B) Individual described—An individual described in this subparagraph is an individual participating in a demonstration project under this title who moves from the community in which the project is being conducted—
“(i) because of—
“(I) a major disaster declared to exist in such community by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declared to exist in such community by the President under section 501 of such Act (42 U.S.C. 5191);
“(II) a situation similar to a major disaster or emergency described in subclause (I) declared to exist in such community by the Governor of a State; or
“(III) a qualifying life event experienced by such individual; or
“(ii) in order to secure employment.
“(C) Qualifying life event defined—For purposes of subparagraph (B)(i)(III), the term qualifying life event—
“(i) means an event determined by the Secretary to be similar to an event that would permit the individual to make an election change with respect to a cafeteria plan under section 125 of the Internal Revenue Code of 1986; and
“(ii) includes—
“(I) a change in the legal marital status of the individual;
“(II) a change in the number of dependents of the individual (as such term is used in section 404(8)(E)(ii));
“(III) the birth or death of a child of the individual;
“(IV) the adoption or placement for adoption of a child by the individual;
“(V) a change in the provider of daycare for a child of the individual, or a significant increase in the cost of such daycare; and
“(VI) a change in employment status of the individual, the individual’s spouse, or a dependent of the individual (as such term is used in section 404(8)(E)(ii)).
“(3) Relocation to community where no project is available
“(A) In general—An individual described in subparagraph (B) shall be permitted to withdraw funds from the individual development account of the individual during the 1-year period following the date such individual moves to another community in the same manner that an individual is permitted under section 410(d)(2) to withdraw funds during the 1-year period following the end of a demonstration project.
“(B) Individual described—An individual described in this subparagraph is an individual who—
“(i) moves to a community where no demonstration project under this title is being conducted; or
“(ii) after moving to another community and making such efforts as the Secretary may require to transfer to another demonstration project under this title, is, for any reason other than a violation of the requirements of this title or regulations promulgated by the Secretary under this title, not accepted into another demonstration project under this title.
“(C) Funds remaining in IDA—Any funds remaining in an individual development account after the end of the 1-year period described in subparagraph (A) shall be treated in the same manner as funds remaining in an individual development account after the end of the 1-year period described in subsection (d)(2)(A) of section 410 are treated under subsection (f) of such section.
“(4) Relocation by other individuals—The regulations promulgated under paragraph (1) shall prohibit any individual who is unable to continue participating in a demonstration project under this title for any reason, except for an individual described in paragraph (2)(B) or (3)(B), from being eligible to participate in any other demonstration project conducted under this title.”
9. Deposits by qualified entities
“(1) In general—The Secretary shall”
“(2) Access for 1 year after end of project
“(A) In general—The Secretary shall ensure that an eligible individual is able to withdraw funds from an individual development account of the individual during the 1-year period following the end of the demonstration project with respect to which deposits were made into such account (whether such project ends by reason of expiration of the authority under section 406(a) of the qualified entity to conduct the demonstration project, termination of such authority under section 413 without transfer to another qualified entity, or otherwise).
“(B) Approval of withdrawals—During the period described in subparagraph (A), an eligible individual may only make a withdrawal if the withdrawal is approved in writing—
“(i) by a responsible official of the qualified entity; or
“(ii) by the Secretary, if the Secretary terminated the authority of the qualified entity to conduct the demonstration project under section 413 or the Secretary determines that the qualified entity is otherwise unable or unwilling to participate in the approval process.”
“(f) Unused funds in IDA—If funds remain in an individual development account after the end of the 1-year period described in subsection (d)(2)(A), such funds shall be disposed of as considered appropriate by the Secretary or a nonprofit entity (as such term is used in section 404(7)(A)(i)) designated by the Secretary.”
10. Regulations
“(a) Local control over demonstration projects—A qualified entity”
“(b) Regulations—Subject to subsection (a), not later than 180 days after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2017, the Secretary shall promulgate such regulations as the Secretary considers necessary to implement this title. The Secretary may provide that any such regulation takes effect on the date of promulgation, but the Secretary shall accept and consider public comments for 60 days after such date.”
11. Annual progress reports
12. Sanctions
“(5) if, by the end of the 90-day period beginning on the date of the termination, the Secretary has not found a qualified entity (or entities) described in paragraph (3), shall—
“(A) make every effort to identify, without conducting a competition (unless the Secretary determines that conducting a competition would be feasible and appropriate), another qualified entity (or entities), in the same or a different community, willing and able to conduct one or more demonstration projects under this title that may differ from the project being terminated;
“(B) in identifying a qualified entity (or entities) under subparagraph (A), give priority to qualified entities that—
“(i) are participating in demonstration projects conducted under this title;
“(ii) have waiting lists for participants in such demonstration projects; and
“(iii) can demonstrate the availability of non-Federal funds described in section 405(c)(4), in addition to any such funds committed to any demonstration projects being conducted by the qualified entity at the time the Secretary considers identifying the entity under subparagraph (A), to be committed to the demonstration project (or projects) described in subparagraph (A) as matching contributions; and
“(C) if the Secretary identifies a qualified entity (or entities) under subparagraph (A)—
“(i) transfer to the entity (or entities) control over the Reserve Fund established pursuant to section 407 with respect to the project being terminated; and
“(ii) authorize the entity (or entities) to use such Reserve Fund to conduct a demonstration project (or projects) in accordance with an application approved under subsection (e) or (h)(2) of section 405 and the requirements of this title.”
“(c) Focus on community of terminated project—In identifying another qualified entity (or entities) under paragraph (3) or (5) of subsection (b), the Secretary shall, to the extent practicable, select a qualified entity (or entities) in the community served by the demonstration project being terminated.”
13. Evaluations
“(a) In general—The Secretary may enter into one or more contracts with one or more independent research organizations to evaluate the demonstration projects conducted under this title, individually and as a group, including all qualified entities participating in and sources providing funds for the demonstration projects conducted under this title. Such contract or contracts may also provide for the evaluation of other asset-building programs and policies targeted to low-income individuals.”
14. Costs of training qualified entities
“416. Costs of training qualified entities
“If the Secretary determines that a qualified entity conducting a demonstration project under this title should receive training in order to conduct the project in accordance with an application approved under subsection (e) or (h)(2) of section 405 or the requirements of this title, or to otherwise successfully conduct the project, the Secretary may use funds appropriated under section 418 to cover the necessary costs of such training, including the costs of travel, accommodations, and meals.”
15. Waiver authority
“417. Waiver authority
“In order to carry out the purposes of this title, the Secretary may waive any requirement of this title—
“(1) relating to—
“(A) the definition of a qualified entity;
“(B) the approval of a qualified entity to conduct a demonstration project under this title or to receive a grant under this title;
“(C) eligibility criteria for individuals to participate in a demonstration project under this title;
“(D) amounts or limitations with respect to—
“(i) the matching by a qualified entity of amounts deposited by an eligible individual in the individual development account of the individual;
“(ii) the amount of funds that may be granted to a qualified entity by the Secretary; or
“(iii) uses by a qualified entity of the funds granted to the qualified entity by the Secretary; or
“(E) the withdrawal of funds from an individual development account only for qualified expenses or as an emergency withdrawal; or
“(2) the waiver of which is necessary to—
“(A) permit the Secretary to enter into an agreement with the Commissioner of Social Security;
“(B) allow individuals to be placed on a waiting list to participate in a demonstration project under this title; or
“(C) allow demonstration projects under this title to be targeted to populations described in section 405(h)(3)(A) and to successfully recruit individuals from such populations for participation.”