termine the continued eligibility of that family to oc-
cupy such unit. 
‘‘(4) RENTAL PAYMENTS FOR PUBLIC HOUSING 
FAMILIES AND RENT STRUCTURE.— 
‘‘(A) IN
GENERAL.—In accordance with 
the provisions of this section, public housing 
agencies shall determine the amount of any 
monthly rent for a family with respect to a pub-
lic housing dwelling unit receiving assistance 
under this Act. 
‘‘(B) RENT STRUCTURE GUIDELINES.—In 
fulfilling its requirements under this section, a 
public housing agency may establish— 
‘‘(i) a rent structure in which the pub-
lic housing agency establishes a flat 
amount of rent for each dwelling unit that 
it owns and operates, based on the rental 
value of the unit, as determined by the 
public housing agency, and in which such 
rent is adjusted on the basis of an annual 
cost index; 
‘‘(ii) an income-tiered rent structure 
in which the amount of rent that a family 
is required to pay is set and distributed on 
the basis of broad tiers of income, and
such tiers and rents are adjusted on the 
basis of an annual cost index, except that 
families entering public housing shall not 
be offered a rent that is lower than the 
rent corresponding to their income tier; 
‘‘(iii) a rent structure in which the 
amount of rent that a family is required to 
pay is based on a percentage of family in-
come; 
‘‘(iv) a rent structure in which the 
amount of rent that a family is required to 
pay is based on the provisions of section 3, 
as such section was in effect on the day 
prior to the date of enactment of this sec-
tion; or 
‘‘(v) any other rent structure that in-
cludes 1 or more of the elements of the 
rent structures specified in this subpara-
graph. 
‘‘(C) ELDERLY FAMILIES AND DISABLED 
FAMILIES.— 
‘‘(i) EXISTING
TENANTS.—Notwith-
standing any other provision of this Act, 
elderly families and disabled families, as 
such terms were used in this Act on the
day prior to the date of enactment of this 
section, who were receiving assistance 
under section 3, as such section was in ef-
fect on the day prior to the date of enact-
ment of this section, shall be treated in ac-
cordance with section 3 until January 1, 
2009. 
‘‘(ii) 
NEW
ADMISSIONS.—Notwith-
standing any other provision of this Act, 
except as provided in clause (iv), elderly 
families and disabled families not meeting 
the requirements of clause (i) shall also be 
treated in accordance with section 3, as 
such section was in effect on the day prior 
to the date of enactment of this section, 
until January 1, 2009. 
‘‘(iii) PUBLIC HOUSING AGENCY POLI-
CIES.—Notwithstanding any other provi-
sion of this Act, a public housing agency 
providing assistance under this Act shall, 
by January 1, 2009, have implemented a 
policy to ensure that the needs of elderly 
families and disabled families described 
under clauses (i) and (ii) are addressed by 
a policy determined by a public housing
agency, as they relate to, among other 
things, eligibility and rent. 
‘‘(iv) EARLY
IMPLEMENTATION.—A 
public housing agency that has imple-
mented a policy described in clause (iii) be-
fore January 1, 2009, shall administer as-
sistance for elderly families and disabled 
families first receiving assistance under 
this Act after the effective date of such 
policy in accordance with such policy. 
‘‘(D) MINIMUM RENTAL AMOUNT.—Public 
housing agencies shall establish a minimum 
monthly rental amount to be paid by each fam-
ily. 
‘‘(5) OCCUPANCY BY POLICE OFFICERS.— 
‘‘(A) ELIGIBILITY
REQUIREMENTS
WAIV-
ER.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B) and notwithstanding any 
other provision of law, a public housing 
agency may, in accordance with the public 
housing agency plan for the agency, allow 
a police officer who is not otherwise eligible 
for residence in public housing to reside in 
a public housing dwelling unit.
‘‘(ii) NUMBER
AND
LOCATION.—The 
number and location of units occupied by 
police officers under this paragraph and 
the terms and conditions of their tenancies 
shall be determined by the public housing 
agency. 
‘‘(B) INCREASED
SECURITY.—A public 
housing agency may take the actions authorized 
in subparagraph (A) only for the purpose of in-
creasing security for the residents of a public 
housing project. 
‘‘(6) OCCUPANCY BY OVER-INCOME FAMILIES IN 
CERTAIN PUBLIC HOUSING.— 
‘‘(A) AUTHORITY.—Notwithstanding any 
other provision of law, a public housing agency 
that owns or operates fewer than 250 public 
housing dwelling units may, on a month-to- 
month basis, lease a dwelling unit in a public 
housing project to an over-income family in ac-
cordance with this paragraph, but only if— 
‘‘(i) there are no eligible families ap-
plying for housing assistance from the pub-
lic housing agency for that month; and
‘‘(ii) the agency provides not less than 
a 30-day public notice of the availability of 
such assistance. 
‘‘(B) TERMS AND CONDITIONS.—The num-
ber and location of dwelling units of a public 
housing agency occupied under this paragraph 
by over-income families, and the terms and con-
ditions of those tenancies, shall be determined 
by the public housing agency, except that— 
‘‘(i) notwithstanding paragraph (2), 
rent for a unit shall be in an amount that 
is not less than the costs to operate the 
unit; 
‘‘(ii) if an eligible family applies for 
residence after an over-income family 
moves in to the last available unit, the 
over-income family shall vacate the unit in 
accordance with notice of termination of 
tenancy provided by the agency, which 
shall be provided not less than 30 days be-
fore such termination; and 
‘‘(iii) if a unit is vacant and there is 
no one on the waiting list, the public hous-
ing agency may allow an over-income fam-
ily to gain immediate occupancy in the
unit, while simultaneously providing rea-
sonable public notice and outreach with re-
gard to availability of the unit. 
‘‘(7) ESCROW SAVINGS ACCOUNTS.— 
‘‘(A) IN
GENERAL.—A public housing 
agency may establish escrow savings accounts 
for any family residing in a public housing 
dwelling unit as an incentive to encourage sav-
ings. 
‘‘(B) MATCHING.—Escrow savings ac-
counts may be matched with any other public 
or private funds. 
‘‘(b) DEFINITION
OF TERMS UNDER THIS SEC-
TION.—As used in this section, the following definitions 
shall apply: 
‘‘(1) DISABLED FAMILY.—Except as otherwise 
provided in law, the term ‘disabled family’ means a 
family whose head, spouse, or sole member is a per-
son with disabilities, including 2 or more persons 
who are persons with disabilities living together. 
‘‘(2) ELDERLY FAMILY.—Except as otherwise 
provided, the term ‘elderly family’ means a family 
whose head, spouse, or sole member is a person who 
is at least 62 years of age, including 2 or more per-
sons who are at least 62 years of age living together.
‘‘(3) FAMILY.—The term ‘family’ means a per-
son or group of persons, as determined by the public 
housing agency, approved to reside in a unit receiv-
ing assistance under this title. 
‘‘(4) INCOME.—The term ‘income’ means in-
come from all sources of each member of the house-
hold without deductions or exclusions, notwith-
standing any other provisions of law, except where 
a public housing agency has approved deductions or 
exclusions. 
‘‘(5) POLICE OFFICER.—The term ‘police offi-
cer’ means any person determined by a public hous-
ing agency to be, during the period of residence of 
that person in public housing, employed on a full- 
time basis as a duly licensed professional police offi-
cer by a Federal, State, or local government or by 
any agency thereof (including a public housing agen-
cy having an accredited police force). 
‘‘(6) PUBLIC
HOUSING
AGENCY.—The term 
‘public housing agency’ means— 
‘‘(A) any State, county, municipality, or 
other governmental entity or public body (or 
agency or instrumentality thereof) which is au-
thorized to engage in or assist in the develop-
ment or operation of low-income housing; or
‘‘(B) any other entity designated by the 
Secretary to administer assistance under this 
title in jurisdictions where— 
‘‘(i) no public housing agency has 
been organized; or 
‘‘(7) OVER-INCOME FAMILY.—The term ‘over- 
income family’ means an individual or family that is 
not a low-income family. 
‘‘(c) AVAILABILITY OF INCOME MATCHING INFORMA-
TION.—A public housing agency shall require any family 
residing in a public housing dwelling unit who receives in-
formation regarding income, earnings, wages, or unem-
ployment compensation from the Department of Housing 
and Urban Development pursuant to income verification 
procedures of the Department to disclose such informa-
tion, upon receipt of the information, to the public housing 
agency that owns or operates the public housing dwelling 
unit in which such family resides.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
The United States Housing Act of 1937 (42 U.S.C. 1437 
et seq.) is amended— 
(1) in section 16(a) (42 U.S.C. 1437n), as 
amended by this Act, by striking paragraph (3) and 
by redesignating paragraph (4) as paragraph (3); 
and
(2) in section 23 (42 U.S.C. 1437u)— 
(A) by striking subsection (d) and insert-
ing the following: 
‘‘(d) PLAN.—Each public housing agency carrying 
out a local program under this section shall establish a 
plan to offer incentives to families to encourage families 
to participate in the program.’’; 
(B) by striking subsection (e); and 
(C) 
by 
redesignating 
subsections 
(f) 
through (o) as subsections (e) through (n), re-
spectively. 
TITLE III—MOVING TO WORK 
PROGRAM 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Moving to Work Pro-
gram Act of 2005’’. 
SEC. 302. MOVING TO WORK PROGRAM. 
The United States Housing Act of 1937 (42 U.S.C. 
1437) is amended by adding at the end the following new 
section: 
‘‘SEC. 36. MOVING TO WORK PROGRAM. 
‘‘(a) PURPOSES.—The purposes of the program es-
tablished under this title are— 
‘‘(1) to give incentives to families to become 
self-sufficient;
‘‘(2) to give public housing agencies and the 
Secretary flexibility to develop approaches for pro-
viding and administering housing assistance that 
achieve greater cost-effectiveness in Federal expendi-
tures; 
‘‘(3) to increase housing opportunities for low- 
income families; 
‘‘(4) to reduce administrative burdens on public 
housing agencies in providing housing assistance; 
and 
‘‘(5) to allow Federal resources to be more ef-
fectively utilized at the local level. 
‘‘(b) PROGRAM AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish the Moving to Work Program (in this title re-
ferred to as the ‘Program’), in which public housing 
agencies meeting the eligibility criteria under sub-
section (c) may participate. 
‘‘(2) USE OF ASSISTANCE.—Under the Program 
a public housing agency may combine operating as-
sistance provided under section 9(e), modernization 
assistance provided under section 9(d), and assist-
ance provided under the Flexible Voucher Act of 
2005, to provide housing assistance for low-income
families, and services to facilitate the transition to 
work. 
‘‘(3) AUTHORITY OF SECRETARY.— 
‘‘(A) WAIVER.—Notwithstanding any other 
provision of law, except as provided in sub-
section (e), the Secretary may waive any provi-
sion of this Act with respect to assistance under 
the Program under this title. 
‘‘(B) ADDITIONAL
POWERS.—The Sec-
retary may, as the Secretary determines appro-
priate to further the purposes of this section— 
‘‘(i) provide streamlined procedures 
including procurement procedures; and 
‘‘(ii) subject to paragraph (2), may 
provide for immediate implementation of 
such procedures. 
‘‘(c) ELIGIBILITY.—A public housing agency may 
submit an application, in such form as prescribed by the 
Secretary, under this title to participate in the Program 
if such public housing agency— 
‘‘(1) participates at the time of the submission 
in the Moving to Work Demonstration established 
under section 101(e) of the Departments of Vet-
erans Affairs and Housing and Urban Development, 
and independent Agencies Appropriations Act, 1996
(Public Law 104–134; 110 Stat. 1321–281; 42 
U.S.C. 1437f note); 
‘‘(2) is designated at the time of submission as 
a high performer under the applicable assessment 
systems that evaluate a public housing agency’s per-
formance, if any, with respect to its public housing 
and voucher programs; 
‘‘(3) manages at least 500 units of public hous-
ing pursuant to contracts for annual contributions; 
‘‘(4) administers at least 500 vouchers under 
the Flexible Voucher Act of 2005; or 
‘‘(5) meets other criteria as determined by the 
Secretary, including the public housing agency’s— 
‘‘(A) demonstrated capacity to develop and 
manage a successful Program; 
‘‘(B) demonstrated compliance with stat-
utes and regulations applicable to Department 
of Housing and Urban Development programs 
in which the public housing agency participates 
or has participated; 
‘‘(C) commitment of non-Federal re-
sources, including resources from the local com-
munity; and 
‘‘(D) demonstrated commitment of units of 
local government serving the areas within which
the public housing agency administers its Pro-
gram, on removing regulatory barriers to af-
fordable housing. 
‘‘(d) PROGRAM REQUIREMENTS.—A public housing 
agency that is administering a Program pursuant to this 
section shall, as a condition of continued participation in 
the Program— 
‘‘(1) consult with representatives of the commu-
nity that represent a broad range of the various in-
terests that are affected by the Program; 
‘‘(2) target, for purposes of the Program, not 
fewer than 90 percent of families authorized in the 
Program under this section to receive assistance, 
who have gross incomes that do not exceed 60 per-
cent of the median income for the area, as deter-
mined by the Secretary, with adjustments for small-
er or larger families; 
‘‘(3) establish a reasonable rent policy, in ac-
cordance with section 3A, which is designed to en-
courage employment and self-sufficiency by partici-
pating families; 
‘‘(4) assure that housing assisted under the 
Program meets housing standards established or ap-
proved by the Secretary; and
‘‘(5) provide such additional information as de-
termined by the Secretary. 
‘‘(e) APPLICABILITY OF SECTION 18 PROVISIONS.— 
Section 18 shall continue to apply to public housing not-
withstanding any use of the housing under the Program. 
‘‘(f) EFFECT ON SECTION 8, OPERATING SUBSIDIES, 
AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.— 
The amount of assistance received under section 8, section 
9, or the Flexible Voucher Act of 2005, by a public hous-
ing agency participating in the Program shall, subject to 
appropriations, not be affected by its participation in the 
Program. 
‘‘(g) EFFECT ON CURRENT PARTICIPANTS IN MOV-
ING TO WORK DEMONSTRATION.—Subject to such proce-
dures and requirements as the Secretary may establish— 
‘‘(1) a public housing agency participating in 
the Moving to Work Demonstration referred to in 
subsection (c)(1) may opt out of the demonstration 
and the requirements governing the demonstration, 
and continue to operate its demonstration as part of 
the Program in accordance with the requirements of 
this section; or 
‘‘(2) a public housing agency that will terminate 
its participation in the Moving to Work Demonstra-
tion referred to in subsection (c)(1) in 2005 or 2006
may renew and extend its participation in the dem-
onstration for an additional 3 years, and may apply 
for participation in the Program at the end of the 
3-year period. 
‘‘(h) EVALUATION OF PERFORMANCE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
public housing agency’s performance in the Moving 
to Work Demonstration referred to in subsection 
(c)(1) and the Program under this section shall be 
assessed under the applicable assessment systems 
that evaluate a public housing agency’s performance 
with respect to its public housing and voucher pro-
grams, including section 6(j), for a period not to ex-
tend beyond January 1, 2008, or under such other 
assessment systems as may be designed by the Sec-
retary to evaluate the Program. 
‘‘(2) PERFORMANCE STANDARDS.— 
‘‘(A) ISSUANCE OF RULES.—The Secretary 
shall, for the purposes of designing and imple-
menting performance standards for public hous-
ing agencies participating in the Program under 
this section, issue a proposed rule and a final 
rule implementing performance standards under 
this section.
‘‘(B) TIMING.—The final rule required 
under subparagraph (A) shall be issued not 
later than 24 months after the date of enact-
ment of this title. 
‘‘(C) STANDARDS.—Performance stand-
ards issued by the Secretary under subpara-
graph (A) may include standards for— 
‘‘(i) moving assisted low-income fami-
lies to economic self-sufficiency; 
‘‘(ii) reducing the per-family cost of 
providing housing assistance; 
‘‘(iii) expanding housing choices for 
low-income families; 
‘‘(iv) improving Program manage-
ment; 
‘‘(v) increasing the number of home-
ownership opportunities for low-income 
families; and 
‘‘(vi) any other performance goals 
that they Secretary may establish. 
‘‘(i) RECORDKEEPING, REPORTS, AND AUDITS.— 
‘‘(1) RECORDKEEPING.—Each public housing 
agency participating in the Program shall keep such 
records as the Secretary may prescribe as reasonably 
necessary to disclose the amounts and the disposi-