S 117
112th CONGRESS
1st Session
S. 117
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
January 25 (legislative day, January 5), 2011
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
2011'.
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-
(A) IN GENERAL- Subject to the phase-in requirements under subparagraph
(B), the Secretary shall enter into charter contracts, beginning
in fiscal year 2012, 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 2012, 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 2013, 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 2014, 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 United States Housing
Act of 1937 (42 U.S.C. 1437f).
(3) USE OF ASSISTANCE- Any assistance provided under paragraph (2)(B)--
(B) shall be used to provide locally designed housing assistance
for low-income families, as such term is defined in section 3(b)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)),
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--
(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,
as such term is defined in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2));
(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)(D);
(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; and
(J) shall be subject to the procurement procedures described in
such contract.
(d) Selection- In selecting among 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.
(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 subparagraph (D);
(D) 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
(E) 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.
(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 2012, 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 2014, 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.
END
