II 

114TH CONGRESS 

1ST SESSION S. 65 

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 7, 2015 

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 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘families’’ has the meaning given 

2 that term in section 3(b)(3) of the United States 

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

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

5 meaning given that term in section 3(b)(2) of the 

6 United States Housing Act of 1937 (42 U.S.C. 

7 1437a(b)(2)); 

8 (3) the term ‘‘Secretary’’ means the Secretary 

9 of Housing and Urban Development; and 

10 (4) the term ‘‘very low-income families’’ has the 

11 meaning given that term in section 3(b)(2) of the 

12 United States Housing Act of 1937 (42 U.S.C. 

13 1437a(b)(2)). 

14 SEC. 3. MOVING TO WORK CHARTER PROGRAM AUTHOR15 IZATION. 

16 (a) PURPOSES.—The purposes of this Act are— 

17 (1) to give public housing agencies and the Sec18 retary the flexibility to design and implement various 

19 approaches for providing and administering housing 

20 assistance that achieves greater cost effectiveness in 

21 using Federal housing assistance to address local 

22 housing needs for low-income families; 

23 (2) to reduce administrative burdens on public 

24 housing agencies providing such assistance; 


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1 (3) to give incentives to assisted families to 

2 work and become economically self-sufficient; 

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

4 families; and 

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

6 residents and persons with disabilities to live inde7 pendently. 

8 (b) MOVING TO WORK CHARTER PROGRAM AUTHOR9 ITY.— 

10 (1) CONTRACT AUTHORITY.— 

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

12 requirements under subparagraph (B), the Sec13 retary shall enter into charter contracts, begin14 ning in fiscal year 2015, with not more than 

15 250 public housing agencies administering the 

16 public housing program or assistance provided 

17 under section 8 of the United States Housing 

18 Act of 1937 (42 U.S.C. 1437f). 

19 (B) PHASE-IN.—The phase-in require20 ments under this subparagraph are as follows: 

21 (i) By the end of fiscal year 2015, the 

22 Secretary shall have entered into charter 

23 contracts with not less than 80 public 

24 housing agencies described in subpara25 graph (A). 


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1 (ii) By the end of fiscal year 2016, 

2 the Secretary shall have entered into char3 ter contracts with not less than 160 public 

4 housing agencies described in subpara5 graph (A). 

6 (iii) By the end of fiscal year 2017, 

7 the Secretary shall have entered into char8 ter contracts with not less than 250 public 

9 housing agencies described in subpara10 graph (A). 

11 (2) CHARTER CONTRACTS.—A charter contract 

12 shall— 

13 (A) supersede and have a term commensu14 rate with any annual contributions contract be15 tween a public housing agency and the Sec16 retary; and 

17 (B) provide that a participating public 

18 housing agency shall receive— 

19 (i) capital and operating assistance al20 located to such agency under section 9 of 

21 the United States Housing Act of 1937 

22 (42 U.S.C. 1437g); and 

23 (ii) assistance provided under section 

24 8 of the United States Housing Act of 

25 1937 (42 U.S.C. 1437f). 


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1 (3) USE OF ASSISTANCE.—Any assistance pro2 vided under paragraph (2)(B)— 

3 (A) may be combined; and 

4 (B) shall be used to provide locally de5 signed housing assistance for low-income fami6 lies, including— 

7 (i) services to facilitate the transition 

8 to work and self-sufficiency; and 

9 (ii) any other activity which a public 

10 housing agency is authorized to undertake 

11 pursuant to State or local law. 

12 (c) TERMS AND CONDITIONS OF ASSISTANCE.— 

13 (1) APPLICABILITY OF UNITED STATES HOUS14 ING ACT OF 1937.—Except as provided in this sub15 section, the United States Housing Act of 1937 (42 

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

17 public housing agency participating in the Moving to 

18 Work Charter program established under this sec19 tion. 

20 (2) APPLICABLE 1937 ACT PROVISIONS.—The 

21 following provisions of the United States Housing 

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

23 to any public housing agency participating in the 

24 Moving to Work Charter program established under 

25 this section: 


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

2 (42 U.S.C. 1437j (a) and (b)) shall apply to 

3 housing assisted under a charter contract, other 

4 than housing assisted solely due to occupancy 

5 by families receiving tenant based rental assist6 ance. 

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

8 continue to apply to public housing developed 

9 under such Act notwithstanding any use of the 

10 housing under a charter contract. 

11 (3) CHARTER CONTRACT TERMS.—A charter 

12 contract shall provide that a public housing agen13 cy— 

14 (A) may— 

15 (i) combine assistance received under 

16 sections 8 and 9 of the United States 

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

18 and 1437g), as described in subsection 

19 (b)(3); and 

20 (ii) use such assistance to provide 

21 housing assistance and related services for 

22 activities authorized by this section, includ23 ing those activities authorized by sections 

24 8 and 9 of such Act; 


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1 (B) certify that in preparing its application 

2 for participation in the Moving to Work Charter 

3 program established under this section, such 

4 agency has— 

5 (i) provided for citizen participation 

6 through a public hearing and, if appro7 priate, other means; and 

8 (ii) taken into account comments from 

9 the public hearing and any other public 

10 comments on the proposed activities under 

11 this Act, including comments from current 

12 and prospective residents who would be af13 fected by such contract; 

14 (C) shall ensure that not less than 75 per15 cent of the families assisted under a charter 

16 contract shall be, at the time of such families’ 

17 entry into the Moving to Work Charter pro18 gram, very low-income families; 

19 (D) shall establish a reasonable rent policy, 

20 which shall— 

21 (i) be designed to encourage employ22 ment, self-sufficiency, and homeownership 

23 by participating families, consistent with 

24 the purposes of this Act; 


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1 (ii) include transition and hardship 

2 provisions; 

3 (iii) be included in the annual plan of 

4 such agency; and 

5 (iv) be subject to the opportunities for 

6 public participation described in subsection 

7 (e)(1)(C)(iv); 

8 (E) shall continue to assist not less than 

9 substantially the same total number of low-in10 come families as would have been served had 

11 such agency not entered into such contract; 

12 (F) shall maintain a comparable mix of 

13 families (by family size) as would have been 

14 provided had the agency not entered into such 

15 contract; 

16 (G) shall ensure that housing assisted 

17 under such contract meets housing quality 

18 standards established or approved by the Sec19 retary; 

20 (H) shall receive training and technical as21 sistance, upon request by such agency, to assist 

22 with the design and implementation of the ac23 tivities described under this Act; 

24 (I) shall receive an amount of assistance 

25 under sections 8 and 9 of the United States 


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

2 1437g) that is not diminished by the participa3 tion of such agency in the Moving to Work 

4 Charter program established under this section; 

5 (J) shall be subject to the procurement 

6 procedures described in such contract; 

7 (K) shall ensure that each family receiving 

8 housing assistance— 

9 (i) is engaged in work activities that 

10 would count toward satisfying the monthly 

11 work participation rates applicable to the 

12 State in which such public housing agency 

13 is located for purposes of the State tem14 porary assistance to needy families pro15 gram funded under part A of title IV of 

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

17 seq.) if the family were receiving assistance 

18 or benefits under that program; or 

19 (ii) would qualify under that program 

20 to an exception to engaging in such work 

21 activities; and 

22 (L) shall provide housing assistance to 

23 families assisted under a charter contract for 

24 not more than 5 years. 


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

2 agency applications to participate in the Moving to Work 

3 Charter program established under this section, the Sec4 retary shall consider— 

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

6 carry out activities under such program; 

7 (2) the relative performance by an agency 

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

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

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

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

12 (4) any other appropriate factor as determined 

13 by the Secretary. 

14 (e) CHARTER REPORT.— 

15 (1) CONTENTS.— 

16 (A) IN GENERAL.—Notwithstanding any 

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

18 planning and reporting requirements otherwise 

19 required, each public housing agency that is a 

20 party to a charter contract shall submit to the 

21 Secretary, on an annual basis, a single charter 

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

23 Secretary. 

24 (B) SOLE MEANS OF REPORTING.—A char25 ter report submitted under subparagraph (A) 


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1 shall be the sole means by which a public hous2 ing agency shall be required to provide informa3 tion to the Secretary on the activities assisted 

4 under this section during a fiscal year, unless 

5 the Secretary has reason to believe that such 

6 agency has violated the charter contract be7 tween the Secretary and such agency. 

8 (C) REQUIREMENTS.—Each charter report 

9 required under subparagraph (A) shall— 

10 (i) document the use by a public hous11 ing agency of any assistance provided 

12 under a charter contract, including appro13 priate financial statements; 

14 (ii) describe and analyze the effect of 

15 assisted activities in addressing the objec16 tives of this section; 

17 (iii) include a certification by such 

18 agency that such agency has prepared an 

19 annual plan which— 

20 (I) states the goals and objectives 

21 of that agency under the charter con22 tract for the past fiscal year; 

23 (II) describes the proposed use of 

24 assistance by that agency for activities 


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1 under the charter contract for the 

2 past fiscal year; 

3 (III) explains how the proposed 

4 activities of that agency will meet the 

5 goals and objectives of that agency; 

6 (IV) includes appropriate budget 

7 and financial statements of that agen8 cy; and 

9 (V) was prepared in accordance 

10 with a public process as described in 

11 clause (iv); 

12 (iv) describe and document how a 

13 public housing agency has provided resi14 dents assisted under a charter contract 

15 and the wider community with opportuni16 ties to participate in the development of 

17 and comment on the annual plan, which 

18 shall include not less than 1 public hear19 ing; and 

20 (v) include such other information as 

21 may be required by the Secretary pursuant 

22 to subsection (f)(2). 

23 (2) REVIEW.—Any charter report submitted 

24 pursuant to paragraph (1) shall be deemed approved 

25 unless the Secretary, not later than 45 days after 


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1 the date of submission of such report, issues a writ2 ten disapproval because— 

3 (A) the Secretary reasonably determines, 

4 based on information contained in the report, 

5 that a public housing agency is not in compli6 ance with the provisions of this section or other 

7 applicable law; or 

8 (B) such report is inconsistent with other 

9 reliable information available to the Secretary. 

10 (f) RECORDS AND AUDITS.— 

11 (1) KEEPING OF RECORDS.—Each public hous12 ing agency shall keep such records as the Secretary 

13 may prescribe as reasonably necessary— 

14 (A) to disclose the amounts and the dis15 position of amounts under the Moving to Work 

16 Charter program established under this section; 

17 (B) to ensure compliance with the require18 ments of this section; and 

19 (C) to measure performance. 

20 (2) ACCESS TO DOCUMENTS BY THE SEC21 RETARY.— 

22 (A) IN GENERAL.—The Secretary shall 

23 have access for the purpose of audit and exam24 ination to any books, documents, papers, and 

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1 nection with, and the requirements of, this sec2 tion. 

3 (B) LIMITATION.—Access by the Secretary 

4 described under subparagraph (A) shall be lim5 ited to information obtained solely through the 

6 annual charter report submitted by a public 

7 housing agency under subsection (e), unless the 

8 Secretary has reason to believe that such agen9 cy is not in compliance with the charter con10 tract between the Secretary and such agency. 

11 (3) ACCESS TO DOCUMENTS BY THE COMP12 TROLLER GENERAL.—The Comptroller General of 

13 the United States, or any duly authorized represent14 ative of the Comptroller General, shall have access 

15 for the purpose of audit and examination to any 

16 books, documents, papers, and records that are per17 tinent to assistance in connection with, and the re18 quirements of the Moving to Work Charter program 

19 established under this section. 

20 (g) PROCUREMENT PREEMPTION.— 

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

22 imposes procedures or standards for procurement 

23 which conflict with or are more burdensome than ap24 plicable Federal procurement requirements shall not 

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1 ing to Work Charter program established under this 

2 section. 

3 (2) REDUCTION OF ADMINISTRATIVE BUR4 DENS.—The Secretary may approve procurement 

5 procedures for public housing agencies participating 

6 in the Moving to Work Charter program established 

7 under this section that reduce administrative bur8 dens of procurement requirements imposed by Fed9 eral law. 

10 (h) SUBSEQUENT LAWS PREEMPTED.—A public 

11 housing agency participating in the Moving to Work Char12 ter program established under this section shall not be 

13 subject to any provision of law which conflicts with the 

14 provisions of this section and which is enacted subsequent 

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

16 or Moving to Work program agreement, as described in 

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

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

19 section. 

20 (i) EXISTING AGREEMENTS.—Notwithstanding any21 thing in this section or any other provision of law, any 

22 public housing agency which has an existing Moving to 

23 Work program agreement with the Secretary pursuant to 

24 section 204 of the Departments of Veterans Affairs and 

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1 cies Appropriations Act, 1996 (Public Law 104–134; 110 

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

3 at the option of such agency— 

4 (1) continue to operate under the terms and 

5 conditions of such agreement notwithstanding any 

6 limitation on the terms contained in such contract; 

7 or 

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

9 with the Secretary on terms and conditions which 

10 are not less favorable to the agency than such exist11 ing agreement. 

12 (j) PUBLIC HOUSING AGENCY EVALUATION.— 

13 (1) IN GENERAL.—Not later than the end of 

14 fiscal year 2015, the Secretary shall appoint a Fed15 eral advisory committee consisting of public housing 

16 agencies with charter contracts, public housing in17 dustry organizations, resident organizations, other 

18 public housing and section 8 voucher stakeholders, 

19 and experts on accreditation systems in similar 

20 fields, to assess and develop a demonstration pro21 gram to test standards, criteria, and practices for a 

22 national public housing agency accreditation system 

23 or other evaluation system. 

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

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1 graph (1) and the Secretary shall provide a report 

2 and recommendations to Congress with respect to 

3 the establishment of a national public housing agen4 cy accreditation system. 

Æ 


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