II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Moving to Work Char5 ter Program Act of 2013’’. 

6 SEC. 2. MOVING TO WORK CHARTER PROGRAM AUTHOR7 IZATION. 

8 (a) PURPOSE.—The purpose of this Act is— 

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1 (1) to give public housing agencies and the Sec2 retary of Housing and Urban Development (in this 

3 Act referred to as the ‘‘Secretary’’) the flexibility to 

4 design and implement various approaches for pro5 viding and administering housing assistance that 

6 achieves greater cost effectiveness in using Federal 

7 housing assistance to address local housing needs for 

8 low-income families; 

9 (2) to reduce administrative burdens on public 

10 housing agencies providing such assistance; 

11 (3) to give incentives to assisted families to 

12 work and become economically self-sufficient; 

13 (4) to increase housing choices for low-income 

14 families; and 

15 (5) to enhance the ability of low-income elderly 

16 residents and persons with disabilities to live inde17 pendently. 

18 (b) MOVING TO WORK CHARTER PROGRAM AUTHOR19 ITY.— 

20 (1) CONTRACT AUTHORITY.— 

21 (A) IN GENERAL.—Subject to the phase-in 

22 requirements under subparagraph (B), the Sec23 retary shall enter into charter contracts, begin24 ning in fiscal year 2014, with up to 250 public 

25 housing agencies administering the public housmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing program or the section 8 housing assistance 

2 program under the United States Housing Act 

3 of 1937 (42 U.S.C. 1437 et seq.). 

4 (B) PHASE-IN.—The phase-in require5 ments under this subparagraph are as follows: 

6 (i) By the end of fiscal year 2014, the 

7 Secretary shall have entered into charter 

8 contracts with at least 80 public housing 

9 agencies described in subparagraph (A). 

10 (ii) By the end of fiscal year 2015, 

11 the Secretary shall have entered into char12 ter contracts with at least 160 public hous13 ing agencies described in subparagraph 

14 (A). 

15 (iii) By the end of fiscal year 2016, 

16 the Secretary shall have entered into char17 ter contracts with at least 250 public hous18 ing agencies described in subparagraph 

19 (A). 

20 (2) CHARTER CONTRACTS.—A charter contract 

21 shall— 

22 (A) supersede and have a term commensu23 rate with any annual contributions contract be24 tween a public housing agency and the Sec25 retary; and 

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1 (B) provide that a participating public 

2 housing agency shall receive— 

3 (i) capital and operating assistance al4 located to such agency under section 9 of 

5 the United States Housing Act of 1937 

6 (42 U.S.C. 1437g); and 

7 (ii) assistance provided under section 

8 8 of the United States Housing Act of 

9 1937 (42 U.S.C. 1437f). 

10 (3) USE OF ASSISTANCE.—Any assistance pro11 vided under paragraph (2)(B)— 

12 (A) may be combined; and 

13 (B) shall be used to provide locally de14 signed housing assistance for low-income fami15 lies, including— 

16 (i) services to facilitate the transition 

17 to work and self-sufficiency; and 

18 (ii) any other activity which a public 

19 housing agency is authorized to undertake 

20 pursuant to State or local law. 

21 (c) TERMS AND CONDITIONS OF ASSISTANCE.— 

22 (1) APPLICABILITY OF UNITED STATES HOUS23 ING ACT OF 1937.—Except as provided in this sec24 tion, the United States Housing Act of 1937 (42 

25 U.S.C. 1437 et seq.) shall not be applicable to any 

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1 public housing agency participating in the Moving to 

2 Work Charter program established under this sec3 tion. 

4 (2) APPLICABLE 1937 ACT PROVISIONS.—The 

5 following provisions of the United States Housing 

6 Act of 1937 (42 U.S.C. 1437 et seq.) are applicable 

7 to any public housing agency participating in the 

8 Moving to Work Charter program established under 

9 this section: 

10 (A) Subsections (a) and (b) of section 12 

11 (42 U.S.C. 1437j (a) and (b)) shall apply to 

12 housing assisted under a charter contract, other 

13 than housing assisted solely due to occupancy 

14 by families receiving tenant based rental assist15 ance. 

16 (B) Section 18 (42 U.S.C. 1437p) shall 

17 continue to apply to public housing developed 

18 under such Act notwithstanding any use of the 

19 housing under a charter contract. 

20 (3) CHARTER CONTRACT TERMS.—A charter 

21 contract shall provide that a public housing agen22 cy— 

23 (A) may— 

24 (i) combine assistance received under 

25 sections 8 and 9 of the United States 

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1 Housing Act of 1937 (42 U.S.C. 1437f 

2 and 1437g), as described in subsection 

3 (b)(3); and 

4 (ii) use such assistance to provide 

5 housing assistance and related services for 

6 activities authorized by this section, includ7 ing those activities authorized by sections 

8 8 and 9 of such Act; 

9 (B) certify that in preparing its application 

10 for participation in the Moving to Work Charter 

11 program established under this section, such 

12 agency has— 

13 (i) provided for citizen participation 

14 through a public hearing and, if appro15 priate, other means; and 

16 (ii) taken into account comments from 

17 the public hearing and any other public 

18 comments on the proposed activities under 

19 this Act, including comments from current 

20 and prospective residents who would be af21 fected by such contract; 

22 (C) shall ensure that at least 75 percent of 

23 the families assisted under a charter contract 

24 shall be, at the time of such families’ entry into 

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1 the Moving to Work Charter program, very low2 income families; 

3 (D) shall establish a reasonable rent policy, 

4 which shall— 

5 (i) be designed to encourage employ6 ment, self-sufficiency, and homeownership 

7 by participating families, consistent with 

8 the purpose of this Act; 

9 (ii) include transition and hardship 

10 provisions; 

11 (iii) be included in the annual plan of 

12 such agency; and 

13 (iv) be subject to the opportunities for 

14 public participation described in subsection 

15 (e)(1)(C)(iv); 

16 (E) shall continue to assist not less than 

17 substantially the same total number of low-in18 come families as would have been served had 

19 such agency not entered into such contract; 

20 (F) shall maintain a comparable mix of 

21 families (by family size) as would have been 

22 provided had the agency not entered into such 

23 contract; 

24 (G) shall ensure that housing assisted 

25 under such contract meets housing quality 

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1 standards established or approved by the Sec2 retary; 

3 (H) shall receive training and technical as4 sistance, upon request by such agency, to assist 

5 with the design and implementation of the ac6 tivities described under this Act; 

7 (I) shall receive an amount of assistance 

8 under sections 8 and 9 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437f and 

10 1437g) that is not diminished by the participa11 tion of such agency in the Moving to Work 

12 Charter program established under this section; 

13 (J) shall be subject to the procurement 

14 procedures described in such contract; 

15 (K) shall ensure that each family receiving 

16 housing assistance— 

17 (i) is engaged in work activities that 

18 would count toward satisfying the monthly 

19 work participation rates applicable to the 

20 State in which such public housing agency 

21 is located for purposes of the State tem22 porary assistance to needy families pro23 gram funded under part A of title IV of 

24 the Social Security Act (42 U.S.C. 601 et 

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1 seq.) if the family were receiving assistance 

2 or benefits under that program; or 

3 (ii) would qualify under that program 

4 to an exception to engaging in such work 

5 activities; and 

6 (L) shall provide housing assistance to 

7 families assisted under a charter contract for 

8 not more than 5 years. 

9 (d) SELECTION.—In selecting among public housing 

10 agency applications to participate in the Moving to Work 

11 Charter program established under this section, the Sec12 retary shall consider— 

13 (1) the potential of each agency to plan and 

14 carry out activities under such program; 

15 (2) the relative performance by an agency 

16 under section 6(j) of the United States Housing Act 

17 of 1937 (42 U.S.C. 1437d(j)); 

18 (3) the need for a diversity of participants in 

19 terms of size, location, and type of agency; and 

20 (4) any other appropriate factor as determined 

21 by the Secretary. 

22 (e) CHARTER REPORT.— 

23 (1) CONTENTS.— 

24 (A) IN GENERAL.—Notwithstanding any 

25 other provision of law, and in place of all other 

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1 planning and reporting requirements otherwise 

2 required, each public housing agency that is a 

3 party to a charter contract shall submit to the 

4 Secretary, on an annual basis, a single charter 

5 report, in a form and at a time specified by the 

6 Secretary. 

7 (B) SOLE MEANS OF REPORTING.—A char8 ter report submitted under subparagraph (A) 

9 shall be the sole means by which a public hous10 ing agency shall be required to provide informa11 tion to the Secretary on the activities assisted 

12 under this section during a fiscal year, unless 

13 the Secretary has reason to believe that such 

14 agency has violated the charter contract be15 tween the Secretary and such agency. 

16 (C) REQUIREMENTS.—Each charter report 

17 required under subparagraph (A) shall— 

18 (i) document the use by a public hous19 ing agency of any assistance provided 

20 under a charter contract, including appro21 priate financial statements; 

22 (ii) describe and analyze the effect of 

23 assisted activities in addressing the objec24 tives of this section; 

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1 (iii) include a certification by such 

2 agency that such agency has prepared an 

3 annual plan which— 

4 (I) states the goals and objectives 

5 of that agency under the charter con6 tract for the past fiscal year; 

7 (II) describes the proposed use of 

8 assistance by that agency for activities 

9 under the charter contract for the 

10 past fiscal year; 

11 (III) explains how the proposed 

12 activities of that agency will meet the 

13 goals and objectives of that agency; 

14 (IV) includes appropriate budget 

15 and financial statements of that agen16 cy; and 

17 (V) was prepared in accordance 

18 with a public process as described in 

19 clause (iv); 

20 (iv) describe and document how a 

21 public housing agency has provided resi22 dents assisted under a charter contract 

23 and the wider community with opportuni24 ties to participate in the development of 

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1 and comment on the annual plan, which 

2 shall include at least 1 public hearing; and 

3 (v) include such other information as 

4 may be required by the Secretary pursuant 

5 to subsection (f)(2). 

6 (2) REVIEW.—Any charter report submitted 

7 pursuant to paragraph (1) shall be deemed approved 

8 unless the Secretary, not later than 45 days after 

9 the date of submission of such report, issues a writ10 ten disapproval because— 

11 (A) the Secretary reasonably determines, 

12 based on information contained in the report, 

13 that a public housing agency is not in compli14 ance with the provisions of this section or other 

15 applicable law; or 

16 (B) such report is inconsistent with other 

17 reliable information available to the Secretary. 

18 (f) RECORDS AND AUDITS.— 

19 (1) KEEPING OF RECORDS.—Each public hous20 ing agency shall keep such records as the Secretary 

21 may prescribe as reasonably necessary— 

22 (A) to disclose the amounts and the dis23 position of amounts under the Moving to Work 

24 Charter program established under this section; 

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1 (B) to ensure compliance with the require2 ments of this section; and 

3 (C) to measure performance. 

4 (2) ACCESS TO DOCUMENTS BY THE SEC5 RETARY.— 

6 (A) IN GENERAL.—The Secretary shall 

7 have access for the purpose of audit and exam8 ination to any books, documents, papers, and 

9 records that are pertinent to assistance in con10 nection with, and the requirements of, this sec11 tion. 

12 (B) LIMITATION.—Access by the Secretary 

13 described under subparagraph (A) shall be lim14 ited to information obtained solely through the 

15 annual charter report submitted by a public 

16 housing agency under subsection (e), unless the 

17 Secretary has reason to believe that such agen18 cy is not in compliance with the charter con19 tract between the Secretary and such agency. 

20 (3) ACCESS TO DOCUMENTS BY THE COMP21 TROLLER GENERAL.—The Comptroller General of 

22 the United States, or any duly authorized represent23 ative of the Comptroller General, shall have access 

24 for the purpose of audit and examination to any 

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1 tinent to assistance in connection with, and the re2 quirements of the Moving to Work Charter program 

3 established under this section. 

4 (g) PROCUREMENT PREEMPTION.— 

5 (1) IN GENERAL.—Any State or local law which 

6 imposes procedures or standards for procurement 

7 which conflict with or are more burdensome than ap8 plicable Federal procurement requirements shall not 

9 apply to any public housing agency under the Mov10 ing to Work Charter program established under this 

11 section. 

12 (2) REDUCTION OF ADMINISTRATIVE BUR13 DENS.—The Secretary may approve procurement 

14 procedures for public housing agencies participating 

15 in the Moving to Work Charter program established 

16 under this section that reduce administrative bur17 dens of procurement requirements imposed by Fed18 eral law. 

19 (h) SUBSEQUENT LAWS PREEMPTED.—A public 

20 housing agency participating in the Moving to Work Char21 ter program established under this section shall not be 

22 subject to any provision of law which conflicts with the 

23 provisions of this section and which is enacted subsequent 

24 to the date of execution of such agency’s charter contract 

25 or Moving to Work program agreement, as described in 

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1 subsection (i), unless such law expressly provides for such 

2 law’s application to public housing agencies subject to this 

3 section. 

4 (i) EXISTING AGREEMENTS.—Notwithstanding any5 thing in this section or any other provision of law, any 

6 public housing agency which has an existing Moving to 

7 Work program agreement with the Secretary pursuant to 

8 section 204 of the Departments of Veterans Affairs and 

9 Housing and Urban Development, and Independent Agen10 cies Appropriations Act, 1996 (Public Law 104–134; 110 

11 Stat. 1321–281) and which is not in default thereof, may, 

12 at the option of such agency— 

13 (1) continue to operate under the terms and 

14 conditions of such agreement notwithstanding any 

15 limitation on the terms contained in such contract; 

16 or 

17 (2) at any time, enter into a charter contract 

18 with the Secretary on terms and conditions which 

19 are not less favorable to the agency than such exist20 ing agreement. 

21 (j) PUBLIC HOUSING AGENCY EVALUATION.— 

22 (1) IN GENERAL.—By the end of fiscal year 

23 2014, the Secretary shall appoint a Federal advisory 

24 committee consisting of public housing agencies with 

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1 tions, resident organizations, other public housing 

2 and section 8 voucher stakeholders, and experts on 

3 accreditation systems in similar fields, to assess and 

4 develop a demonstration program to test standards, 

5 criteria, and practices for a national public housing 

6 agency accreditation system or other evaluation sys7 tem. 

8 (2) REPORT.—Not later than the end of fiscal 

9 year 2016, the committee established under para10 graph (1) and the Secretary shall provide a report 

11 and recommendations to Congress with respect to 

12 the establishment of a national public housing agen13 cy accreditation system. 

14 (k) DEFINITIONS.—In this Act— 

15 (1) the term ‘‘families’’ has the same meaning 

16 as in section 3(b)(3) of the United States Housing 

17 Act of 1937 (42 U.S.C. 1437a(b)(3)); 

18 (2) the term ‘‘low-income families’’ has the 

19 same meaning as in section 3(b)(2) of the United 

20 States Housing Act of 1937 (42 U.S.C. 

21 1437a(b)(2)); and 

22 (3) the term ‘‘very low-income families’’ has the 

23 same meaning as in section 3(b)(2) of the United 

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1 States Housing Act of 1937 (42 U.S.C. 

2 1437a(b)(2)). 

Æ 

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