[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1177 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1177
To authorize the Moving to Work Charter program to enable public
housing agencies to improve the effectiveness of Federal housing
assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2013
Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To authorize the Moving to Work Charter program to enable public
housing agencies to improve the effectiveness of Federal housing
assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moving to Work Charter Program Act
of 2013''.
SEC. 2. MOVING TO WORK CHARTER PROGRAM AUTHORIZATION.
(a) Purpose.--The purpose of this Act is--
(1) to give public housing agencies and the Secretary of
Housing and Urban Development (in this Act referred to as the
``Secretary'') the flexibility to design and implement various
approaches for providing and administering housing assistance
that achieves greater cost effectiveness in using Federal
housing assistance to address local housing needs for low-
income families;
(2) to reduce administrative burdens on public housing
agencies providing such assistance;
(3) to give incentives to assisted families to work and
become economically self-sufficient;
(4) to increase housing choices for low-income families;
and
(5) to enhance the ability of low-income elderly residents
and persons with disabilities to live independently.
(b) Moving to Work Charter Program Authority.--
(1) Contract authority.--
(A) In general.--Subject to the phase-in
requirements under subparagraph (B), the Secretary
shall enter into charter contracts, beginning in fiscal
year 2014, with up to 250 public housing agencies
administering the public housing program or the section
8 housing assistance program under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.).
(B) Phase-in.--The phase-in requirements under this
subparagraph are as follows:
(i) By the end of fiscal year 2014, the
Secretary shall have entered into charter
contracts with at least 80 public housing
agencies described in subparagraph (A).
(ii) By the end of fiscal year 2015, the
Secretary shall have entered into charter
contracts with at least 160 public housing
agencies described in subparagraph (A).
(iii) By the end of fiscal year 2016, the
Secretary shall have entered into charter
contracts with at least 250 public housing
agencies described in subparagraph (A).
(2) Charter contracts.--A charter contract shall--
(A) supersede and have a term commensurate with any
annual contributions contract between a public housing
agency and the Secretary; and
(B) provide that a participating public housing
agency shall receive--
(i) capital and operating assistance
allocated to such agency under section 9 of the
United States Housing Act of 1937 (42 U.S.C.
1437g); and
(ii) assistance provided under section 8 of
the United States Housing Act of 1937 (42
U.S.C. 1437f).
(3) Use of assistance.--Any assistance provided under
paragraph (2)(B)--
(A) may be combined; and
(B) shall be used to provide locally designed
housing assistance for low-income families, including--
(i) services to facilitate the transition
to work and self-sufficiency; and
(ii) any other activity which a public
housing agency is authorized to undertake
pursuant to State or local law.
(c) Terms and Conditions of Assistance.--
(1) Applicability of united states housing act of 1937.--
Except as provided in this section, the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) shall not be applicable to
any public housing agency participating in the Moving to Work
Charter program established under this section.
(2) Applicable 1937 act provisions.--The following
provisions of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) are applicable to any public housing agency
participating in the Moving to Work Charter program established
under this section:
(A) Subsections (a) and (b) of section 12 (42
U.S.C. 1437j (a) and (b)) shall apply to housing
assisted under a charter contract, other than housing
assisted solely due to occupancy by families receiving
tenant based rental assistance.
(B) Section 18 (42 U.S.C. 1437p) shall continue to
apply to public housing developed under such Act
notwithstanding any use of the housing under a charter
contract.
(3) Charter contract terms.--A charter contract shall
provide that a public housing agency--
(A) may--
(i) combine assistance received under
sections 8 and 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437f and 1437g), as
described in subsection (b)(3); and
(ii) use such assistance to provide housing
assistance and related services for activities
authorized by this section, including those
activities authorized by sections 8 and 9 of
such Act;
(B) certify that in preparing its application for
participation in the Moving to Work Charter program
established under this section, such agency has--
(i) provided for citizen participation
through a public hearing and, if appropriate,
other means; and
(ii) taken into account comments from the
public hearing and any other public comments on
the proposed activities under this Act,
including comments from current and prospective
residents who would be affected by such
contract;
(C) shall ensure that at least 75 percent of the
families assisted under a charter contract shall be, at
the time of such families' entry into the Moving to
Work Charter program, very low-income families;
(D) shall establish a reasonable rent policy, which
shall--
(i) be designed to encourage employment,
self-sufficiency, and homeownership by
participating families, consistent with the
purpose of this Act;
(ii) include transition and hardship
provisions;
(iii) be included in the annual plan of
such agency; and
(iv) be subject to the opportunities for
public participation described in subsection
(e)(1)(C)(iv);
(E) shall continue to assist not less than
substantially the same total number of low-income
families as would have been served had such agency not
entered into such contract;
(F) shall maintain a comparable mix of families (by
family size) as would have been provided had the agency
not entered into such contract;
(G) shall ensure that housing assisted under such
contract meets housing quality standards established or
approved by the Secretary;
(H) shall receive training and technical
assistance, upon request by such agency, to assist with
the design and implementation of the activities
described under this Act;
(I) shall receive an amount of assistance under
sections 8 and 9 of the United States Housing Act of
1937 (42 U.S.C. 1437f and 1437g) that is not diminished
by the participation of such agency in the Moving to
Work Charter program established under this section;
(J) shall be subject to the procurement procedures
described in such contract;
(K) shall ensure that each family receiving housing
assistance--
(i) is engaged in work activities that
would count toward satisfying the monthly work
participation rates applicable to the State in
which such public housing agency is located for
purposes of the State temporary assistance to
needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.) if the family were receiving
assistance or benefits under that program; or
(ii) would qualify under that program to an
exception to engaging in such work activities;
and
(L) shall provide housing assistance to families
assisted under a charter contract for not more than 5
years.
(d) Selection.--In selecting among public housing agency
applications to participate in the Moving to Work Charter program
established under this section, the Secretary shall consider--
(1) the potential of each agency to plan and carry out
activities under such program;
(2) the relative performance by an agency under section
6(j) of the United States Housing Act of 1937 (42 U.S.C.
1437d(j));
(3) the need for a diversity of participants in terms of
size, location, and type of agency; and
(4) any other appropriate factor as determined by the
Secretary.
(e) Charter Report.--
(1) Contents.--
(A) In general.--Notwithstanding any other
provision of law, and in place of all other planning
and reporting requirements otherwise required, each
public housing agency that is a party to a charter
contract shall submit to the Secretary, on an annual
basis, a single charter report, in a form and at a time
specified by the Secretary.
(B) Sole means of reporting.--A charter report
submitted under subparagraph (A) shall be the sole
means by which a public housing agency shall be
required to provide information to the Secretary on the
activities assisted under this section during a fiscal
year, unless the Secretary has reason to believe that
such agency has violated the charter contract between
the Secretary and such agency.
(C) Requirements.--Each charter report required
under subparagraph (A) shall--
(i) document the use by a public housing
agency of any assistance provided under a
charter contract, including appropriate
financial statements;
(ii) describe and analyze the effect of
assisted activities in addressing the
objectives of this section;
(iii) include a certification by such
agency that such agency has prepared an annual
plan which--
(I) states the goals and objectives
of that agency under the charter
contract for the past fiscal year;
(II) describes the proposed use of
assistance by that agency for
activities under the charter contract
for the past fiscal year;
(III) explains how the proposed
activities of that agency will meet the
goals and objectives of that agency;
(IV) includes appropriate budget
and financial statements of that
agency; and
(V) was prepared in accordance with
a public process as described in clause
(iv);
(iv) describe and document how a public
housing agency has provided residents assisted
under a charter contract and the wider
community with opportunities to participate in
the development of and comment on the annual
plan, which shall include at least 1 public
hearing; and
(v) include such other information as may
be required by the Secretary pursuant to
subsection (f)(2).
(2) Review.--Any charter report submitted pursuant to
paragraph (1) shall be deemed approved unless the Secretary,
not later than 45 days after the date of submission of such
report, issues a written disapproval because--
(A) the Secretary reasonably determines, based on
information contained in the report, that a public
housing agency is not in compliance with the provisions
of this section or other applicable law; or
(B) such report is inconsistent with other reliable
information available to the Secretary.
(f) Records and Audits.--
(1) Keeping of records.--Each public housing agency shall
keep such records as the Secretary may prescribe as reasonably
necessary--
(A) to disclose the amounts and the disposition of
amounts under the Moving to Work Charter program
established under this section;
(B) to ensure compliance with the requirements of
this section; and
(C) to measure performance.
(2) Access to documents by the secretary.--
(A) In general.--The Secretary shall have access
for the purpose of audit and examination to any books,
documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of,
this section.
(B) Limitation.--Access by the Secretary described
under subparagraph (A) shall be limited to information
obtained solely through the annual charter report
submitted by a public housing agency under subsection
(e), unless the Secretary has reason to believe that
such agency is not in compliance with the charter
contract between the Secretary and such agency.
(3) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any duly
authorized representative of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of the
Moving to Work Charter program established under this section.
(g) Procurement Preemption.--
(1) In general.--Any State or local law which imposes
procedures or standards for procurement which conflict with or
are more burdensome than applicable Federal procurement
requirements shall not apply to any public housing agency under
the Moving to Work Charter program established under this
section.
(2) Reduction of administrative burdens.--The Secretary may
approve procurement procedures for public housing agencies
participating in the Moving to Work Charter program established
under this section that reduce administrative burdens of
procurement requirements imposed by Federal law.
(h) Subsequent Laws Preempted.--A public housing agency
participating in the Moving to Work Charter program established under
this section shall not be subject to any provision of law which
conflicts with the provisions of this section and which is enacted
subsequent to the date of execution of such agency's charter contract
or Moving to Work program agreement, as described in subsection (i),
unless such law expressly provides for such law's application to public
housing agencies subject to this section.
(i) Existing Agreements.--Notwithstanding anything in this section
or any other provision of law, any public housing agency which has an
existing Moving to Work program agreement with the Secretary pursuant
to section 204 of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-281) and which is not in default
thereof, may, at the option of such agency--
(1) continue to operate under the terms and conditions of
such agreement notwithstanding any limitation on the terms
contained in such contract; or
(2) at any time, enter into a charter contract with the
Secretary on terms and conditions which are not less favorable
to the agency than such existing agreement.
(j) Public Housing Agency Evaluation.--
(1) In general.--By the end of fiscal year 2014, the
Secretary shall appoint a Federal advisory committee consisting
of public housing agencies with charter contracts, public
housing industry organizations, resident organizations, other
public housing and section 8 voucher stakeholders, and experts
on accreditation systems in similar fields, to assess and
develop a demonstration program to test standards, criteria,
and practices for a national public housing agency
accreditation system or other evaluation system.
(2) Report.--Not later than the end of fiscal year 2016,
the committee established under paragraph (1) and the Secretary
shall provide a report and recommendations to Congress with
respect to the establishment of a national public housing
agency accreditation system.
(k) Definitions.--In this Act--
(1) the term ``families'' has the same meaning as in
section 3(b)(3) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3));
(2) the term ``low-income families'' has the same meaning
as in section 3(b)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(2)); and
(3) the term ``very low-income families'' has the same
meaning as in section 3(b)(2) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(2)).
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