122 
gram stakeholders, and any entity con-
ducting evaluations pursuant to subsection 
(f). 
‘‘(2) PRIORITY STRATEGIES.—For purposes of 
the first sentence of paragraph (b)(1), the following 
are priority strategies: 
‘‘(A) INCREASING
HOUSING
OPPORTUNI-
TIES.—A strategy of development of increasing 
housing opportunities for low-, very low-, and 
extremely low-income families, including pre-
serving, modernizing, rehabilitating, reconfig-
uring, or replacing public housing at risk of 
physical deterioration or obsolescence, devel-
oping additional affordable housing, providing 
supportive housing, or increasing the number of 
families receiving tenant-based rental assist-
ance, or a combination of these purposes, and 
which may include leveraging other Federal, 
State, and local funding sources. 
‘‘(B) RENT REFORMS AND FAMILY SELF- 
SUFFICIENCY.—A strategy to implement rent 
reforms and other self-sufficiency incentives or 
resources, which shall be designed to help fami-
lies obtain employment, increase their earned 
income, or achieve economic self-sufficiency, 
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while protecting extremely low- and very low-in-
come families from increased rent burdens. 
‘‘(C) COST-EFFECTIVENESS.—A strategy 
to utilize funds in a more effective or cost-effi-
cient manner, including achieving energy, ad-
ministrative, or other cost-savings. 
‘‘(3) CONTRACT AMENDMENT.—After selecting 
agencies under this subsection, the Secretary shall 
promptly amend the applicable annual contributions 
contracts of such agencies to provide that— 
‘‘(A) subject to compliance with all pro-
gram rules under this section, such agencies 
may implement any policies and activities that 
are not inconsistent with this section, without 
specifying such policies and activities in such 
amendment and without negotiating or entering 
into any other agreements with the Secretary 
specifying such policies and activities; and 
‘‘(B) the policies and activities to be imple-
mented by an agency under the program in a 
given year shall be described in and subject to 
the requirements of the annual plan under sub-
section (e)(11). 
‘‘(4) MAINTAINING
PARTICIPATION
RATE.—If, 
at any time after the initial selection period under 
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paragraph (1), the number of public housing agen-
cies participating in the program falls below the 
number selected pursuant to paragraph (1), the Sec-
retary shall promptly solicit applications from and 
select public housing agencies to participate in the 
program under the terms and conditions for applica-
tion and selection provided in this section to increase 
the number of participating agencies to the number 
initially selected pursuant to paragraph (1). 
‘‘(e) PROGRAM REQUIREMENTS.— 
‘‘(1) PROGRAM FUNDS.— 
‘‘(A) IN GENERAL.—To carry out a hous-
ing innovation program under this section, the 
participating agency may use amounts provided 
to the agency from the Operating Fund under 
section 9(e), amounts provided to the agency 
from the Capital Fund under section 9(d), and 
amounts provided to the agency for voucher as-
sistance under section 8(o). Such program 
funds may be used for any activities that are 
authorized by section 8(o) or 9, or for other ac-
tivities that are not inconsistent with this sec-
tion, which may include, without limitation— 
‘‘(i) providing capital and operating 
assistance, and financing for housing pre-
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125 
viously developed or operated pursuant to 
a contract between the Secretary and such 
agency; 
‘‘(ii) the acquisition, new construction, 
rehabilitation, financing, and provision of 
capital or operating assistance for low-in-
come housing (including housing other 
than public housing) and related facilities, 
which may be for terms exceeding the term 
of the program under this section in order 
to secure other financing for such housing; 
‘‘(iii) costs of site acquisition and im-
provement, providing utility services, demo-
lition, planning, and administration of ac-
tivities under this paragraph; 
‘‘(iv) housing counseling for low-in-
come families in connection with rental or 
homeownership assistance provided under 
the program; 
‘‘(v) safety, security, law enforcement, 
and anti-crime activities appropriate to 
protect and support families assisted under 
the program; 
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‘‘(vi) tenant-based rental assistance, 
which may include the project-basing of 
such assistance; 
‘‘(vii) appropriate and reasonable fi-
nancial assistance that is required to pre-
serve low-income housing otherwise as-
sisted under programs administered by the 
Secretary or under State or local low-in-
come housing or public housing programs; 
and 
‘‘(viii) family self-sufficiency activities 
for low-income families in connection with 
rental or homeownership assistance pro-
vided under the program. 
‘‘(B) 
COMBINING
FUNDS.—Notwith-
standing any other provision of law, a partici-
pating agency may combine and use program 
funds for any activities authorized under this 
section, except that a participating agency may 
use funds provided for assistance under section 
8(o) for activities other than those authorized 
under section 8(o) only if (i) in the calendar 
year prior to its participation in the program, 
the agency utilized not less than 95 percent of 
such funds allocated for that calendar year for 
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127 
such authorized activities or 95 percent of its 
authorized vouchers; or (ii) after approval to 
participate in the program, the agency achieves 
such utilization for a 12-month period. Such 
limitation shall not apply to participating agen-
cies approved by the Secretary to combine 
funds from sections 8 and 9 of the Act prior to 
enactment of this section. A public housing 
agency that uses funds provided from assist-
ance under section 8(o) for activities not au-
thorized under such subsection may not termi-
nate assistance to families assisted under such 
subsection on the grounds of inadequate fund-
ing to the extent such inadequacy is caused by 
such use of funds for purposes not authorized 
under section 8(o). 
‘‘(2) USE OF PROGRAM FUNDS.—In carrying 
out the housing innovation program under this sec-
tion, each participating agency shall continue to as-
sist— 
‘‘(A) not less than substantially the same 
number of eligible low-income families under 
the program as it assisted in the base year for 
the agency; and 
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128 
‘‘(B) a comparable mix of families by fam-
ily size, subject to adjustment to reflect changes 
in the agency’s waiting list, except that the Sec-
retary may approve exceptions to such require-
ments for up to 3 years based on modernization 
or redevelopment activities proposed in an an-
nual plan submitted and approved in accord-
ance with paragraph (11). 
Determinations with respect to the number of fami-
lies required to be served shall be adjusted to reflect 
any allocation of additional vouchers under section 
8(o), any change in annual voucher proration factor, 
or such other appropriate adjustments as the Sec-
retary may establish. For purposes of subparagraphs 
(A) and (B), the term ‘base year’ means, with re-
spect to existing MTW agencies, the first full cal-
endar year prior to approval for entry into the mov-
ing to work demonstration. The Secretary shall mon-
itor and enforce compliance with the requirements of 
subparagraph (A) on an annual basis. 
‘‘(3) RETAINED
PROVISIONS.—Each agency 
that is approved for program participation pursuant 
to subparagraph (A) or (B) of subsection (b)(1) 
shall comply with all provisions of this Act except 
those statutory provisions and existing rules and 
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129 
regulations generally identified in the application for 
participation in the program, except that the Sec-
retary may approve requests by an agency to waive 
compliance with other statutes, regulations, and 
rules pursuant to this Act, consistent with other pro-
gram rules, if the Secretary determines that such a 
request would further the goals and objectives iden-
tified in the application for participation in the pro-
gram (taking into consideration public and resident 
input pursuant to the procedure under paragraph 
(4)) or would further the purposes identified in sub-
paragraphs (B) and (C) of subsection (f)(1). Not-
withstanding any other provision of this section, 
families receiving assistance under this section shall 
retain the same rights of judicial review of agency 
action as they would otherwise have had if the agen-
cy were not participating in the program, and each 
participating agency, including existing MTW agen-
cies that are approved for transfer into the program 
pursuant to subsection (c), shall comply with the fol-
lowing provisions of this Act: 
‘‘(A) Subsections (a)(2)(A) and (b)(1) of 
section 16 (relating to targeting for new admis-
sions in the public housing and voucher pro-
grams). 
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130 
‘‘(B) Section 2(b) (relating to tenant rep-
resentatives on the public housing agency board 
of directors). 
‘‘(C) Section 3(b)(2) (relating to defini-
tions for the terms ‘low-income families’ and 
‘very low-income families’). 
‘‘(D) Section 5(A)(e) (relating to the for-
mation of and consultation with a resident advi-
sory board). 
‘‘(E) Sections 6(f)(1) and 8(o)(8)(B) (re-
lating to compliance of units assisted with hous-
ing quality standards or other codes). 
‘‘(F) Sections 6(c)(3), 6(c)(4)(i), and 
8(o)(6)(B) (relating to rights of public housing 
applicants and existing procedural rights for 
applicants under section 8(o)). 
‘‘(G) Section 6(k) (relating to grievance 
procedures for public housing tenants) and 
comparable procedural rights for families as-
sisted under section 8(o). 
‘‘(H) Section 6(l) (relating to public hous-
ing lease requirements), except that for units 
assisted both with program funds and low-in-
come housing tax credits, the initial lease term 
may be less than 12 months if required to con-
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131 
form lease terms with such tax credit require-
ments. 
‘‘(I) Section 7 (relating to designation of 
housing for elderly and disabled households), 
except that a participating agency may make 
such designations (at initial designation or upon 
renewal) for a term of up to 5 years if the 
agency includes in its annual plan under para-
graph (11) an analysis of the impact of such 
designations on affected households and such 
designation is subject to the program evalua-
tion. Any participating agency with a des-
ignated housing plan that was approved under 
the moving to work demonstration may con-
tinue to operate under the terms of such plan 
for a term of 5 years (with an option to renew 
on the same terms for an additional 5 years) if 
it includes in its annual plan an analysis of the 
impact of such designations on affected house-
holds and is subject to evaluation under sub-
section (f). 
‘‘(J) Subparagraphs (C) through (E) of 
section 8(o)(7) and section 8(o)(20) (relating to 
lease requirements and eviction protections for 
families assisted with tenant-based assistance). 
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132 
‘‘(K) Section 8(o)(13)(B) (relating to a 
percentage limitation on project-based assist-
ance), except that for purposes of this subpara-
graph such section shall be applied by sub-
stituting ‘50 percent’ for ‘20 percent’, and all 
voucher funding that is used for non-tenant 
based assistance purposes shall count towards 
this calculation. 
‘‘(L) Section 8(o)(13)(E) (relating to resi-
dent choice for tenants of units with project- 
based vouchers), except with respect to— 
‘‘(i) in the case of agencies partici-
pating in the moving to work demonstra-
tion, any housing assistance payment con-
tract entered into before or within 2 years 
after the enactment of this section; 
‘‘(ii) project-based vouchers that re-
place public housing units; 
‘‘(iii) not more than 10 percent of the 
vouchers available to the participating 
agency upon entering the housing innova-
tion program under this section; and 
‘‘(iv) any project-based voucher pro-
gram that is subject to evaluation under 
subsection (f). 
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133 
Notwithstanding the exceptions under this sub-
paragraph, an agency may not eliminate resi-
dent choice under section 8(o)(13)(E) for more 
than 25 percent of its authorized vouchers. 
‘‘(M) Section 8(r) (relating to portability 
of voucher assistance), except that a partici-
pating agency may receive funding for port-
ability obligations under section 8(dd) in the 
same manner as other public housing agencies. 
‘‘(N) Sections 8(ee) and 6(u) (relating to 
records, certification and confidentiality regard-
ing domestic violence). 
‘‘(O) Subsections (a) and (b) of section 12 
(relating to payment of prevailing wages). 
‘‘(P) Section 18 (relating to demolition and 
disposition of public housing). 
‘‘(Q) Requirements regarding— 
‘‘(i) establishment of resident councils 
and jurisdiction-wide resident organiza-
tions; 
‘‘(ii) public housing agency support 
for such councils and organizations; and 
‘‘(iii) involvement of such councils and 
organizations in public housing agency op-
erations; 
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136 
‘‘(iv) The agency shall obtain approval 
from the Secretary of the annual plan or 
plan amendment. The Secretary may ap-
prove a plan or amendment containing a 
material change to the requirements of this 
Act regarding tenant rents or contribu-
tions, or conditions of continued occupancy 
or participation, only if the agency agrees 
that such policy may be included as part of 
the national evaluation. 
‘‘(B) 
AFTER
POLICY
CHANGE.—After 
adopting a policy described in subparagraph 
(A), a program agency shall complete each of 
the following actions: 
‘‘(i) The agency shall provide ade-
quate notice to residents, which shall in-
clude a description of the changes in the 
public housing lease or participation agree-
ment that may be required and of the 
hardship or transition protections offered. 
‘‘(ii) In the case of any additional re-
quirements for continued occupancy or 
participation, the agency shall execute a 
lease addendum or participation agreement 
specifying the requirements applicable to 
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137 
both the resident and the agency. A resi-
dent may bring a civil action to enforce 
commitments of the agency made through 
the lease addendum or participation agree-
ment. 
‘‘(iii) The agency shall reassess rent, 
subsidy level, and policies on program par-
ticipation no less often than every two 
years, which shall include preparing a re-
vised impact analysis, and make available 
for public inspection and copying, on re-
quest, and for access through the Internet, 
the results of such reassessment and im-
pact analysis. The requirement under this 
clause may be met by sufficiently detailed 
interim reports, if any, by the national 
evaluating entity. 
‘‘(iv) The agency shall include in the 
annual report under subsection (h)(2) in-
formation sufficient to describe any hard-
ship requests, including the number and 
types of requests made, granted, and de-
nied, the use of transition rules, and ad-
verse impacts resulting from changes in 
rent or continued occupancy policies, in-
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138 
cluding actions taken by the agency to 
mitigate such impacts and impacts on fam-
ilies no longer assisted under the program. 
‘‘(C) APPLICABILITY
TO
EXISTING
MTW 
AGENCIES.—An existing MTW agency that, be-
fore the date of the enactment of this section, 
implemented material changes to the require-
ments of this Act regarding tenant rents or 
contributions, or conditions of continued occu-
pancy or participation, as part of the moving to 
work demonstration shall not be subject to sub-
paragraph (A) with regard to such previously 
implemented changes, but shall comply with the 
requirements of subparagraph (B)(ii) and pro-
vide the evaluation and impact analysis required 
by subparagraph (B)(iii) by the end of the sec-
ond agency fiscal year ending after such date of 
enactment. 
‘‘(5) PROHIBITION AGAINST DECREASE IN PRO-
GRAM
FUNDS.—The amount of program funds a 
participating agency receives shall not be diminished 
by its participation in the housing innovation pro-
gram under this section. 
‘‘(6) RENT BURDEN.—A participating agency 
may not adopt rent policies that result in families 
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139 
making substantially higher rent payments than 
would customarily be made by families of com-
parable income under the program under which as-
sistance is provided. 
‘‘(7) TIME
LIMITS.—A participating agency 
may implement time limits on the term of housing 
assistance received by families under the program 
only if— 
‘‘(A) such limits are for a period of time 
not shorter than 5 years; and 
‘‘(B) enforcement of such limits is sus-
pended for any period of time during which the 
unemployment rate in the area exceeds 10 per-
cent. 
‘‘(8) EMPLOYMENT
CONDITIONS.—A partici-
pating agency may condition the receipt of housing 
assistance by families under the program on require-
ments relating to the employment status or related 
activities of one or more family members only if— 
‘‘(A) such requirements are consistent with 
the program for block grants to States for tem-
porary assistance for needy families under part 
A of title IV of the Social Security Act; 
‘‘(B) the agency establishes reasonable 
hardship exemptions; and 
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140 
‘‘(C) enforcement of such requirements is 
suspended for any period of time during which 
the unemployment rate in the area exceeds 10 
percent. 
‘‘(9) SUBMISSION OF INFORMATION.—As part 
of the annual report required under subsection 
(h)(2), each participating agency shall submit infor-
mation annually to the Secretary regarding families 
assisted under the program of the agency and com-
ply with any other data submissions required by the 
Secretary for purposes of evaluation of the program 
under this section. 
‘‘(10) PUBLIC
AND
RESIDENT
PARTICIPA-
TION.—Each participating agency shall provide op-
portunities for resident and public participation in 
the annual plan under paragraph (11), as follows: 
‘‘(A) NOTICE TO RESIDENTS.— 
‘‘(i) NOTICE.—Each year, the agency 
shall provide notice to the low-income fam-
ilies it serves under the programs author-
ized by this section as to the impact of 
proposed policy changes and program ini-
tiatives and of the schedule of resident ad-
visory board and public meetings for the 
annual plan. 
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141 
‘‘(ii) MEETING.—The agency shall 
hold at least one meeting with the resident 
advisory board (including representatives 
of recipients of assistance under section 8) 
to review the annual plan for each year. 
‘‘(B) PUBLIC MEETING.—With respect to 
each annual plan, the agency shall hold at least 
one annual public meeting to obtain comments 
on the plan, which may be combined with a 
meeting to review the annual report. In the case 
of any agency that administers, in the aggre-
gate, more than 15,000 public housing units 
and vouchers, or that operates in more than one 
county, the agency shall hold additional meet-
ings in locations that promote attendance by 
residents and other stakeholders. 
‘‘(C) PUBLIC AVAILABILITY.—Before adop-
tion of any annual plan, and not less than 30 
days before the public meeting required under 
subparagraph (A)(ii) with respect to the plan, 
the agency shall make the proposed annual plan 
available for public inspection and copying, on 
request, and for access through the Internet. 
The annual plan shall be made available for 
public inspection not less than 30 days before 
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142 
approval by the board of directors (or other 
similar governing body) of the agency and shall 
remain publicly available. 
‘‘(D) BOARD APPROVAL.—Before submit-
ting an annual plan or annual report to the 
Secretary, the plan or report, as applicable, 
shall be approved in a public meeting by the 
board of directors or other governing body of 
the agency. 
‘‘(11) ANNUAL PLAN.— 
‘‘(A) REQUIREMENT.—For each year that 
a participating agency participates in the hous-
ing innovation program under this section, the 
agency shall submit to the Secretary, in lieu of 
all other planning requirements, an annual plan 
under this paragraph. 
‘‘(B) CONTENTS.—Each annual plan shall 
include the following information: 
‘‘(i) A list and description of all pro-
gram initiatives and generally applicable 
policy changes, including references to af-
fected provisions of law or the imple-
menting regulations affected. 
‘‘(ii) A description and comparison of 
changes under the housing innovation pro-
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143 
gram of the agency from the plan for such 
program for the preceding year. 
‘‘(iii) A description of property rede-
velopment or portfolio repositioning strate-
gies and proposed changes in policies or 
uses of funds required to implement such 
strategies. 
‘‘(iv) Documentation of public and 
resident participation sufficient to comply 
with the requirements under paragraphs 
(4) and (10), including a copy of any rec-
ommendations submitted in writing by the 
resident advisory board of the agency and 
members of the public, a summary of com-
ments, and a description of the manner in 
which the recommendations were ad-
dressed. 
‘‘(v) Certifications by the agency 
that— 
‘‘(I) the annual plan will be car-
ried out in conformity with title VI of 
the Civil Rights Act of 1964, the Fair 
Housing Act, section 504 of the Reha-
bilitation Act of 1973, title II of the 
Americans with Disabilities Act of 
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144 
1990, and the rules, standards, and 
policies in the approved plan; 
‘‘(II) the agency will affirmatively 
further fair housing; and 
‘‘(III) the agency has complied 
and will continue to comply with its 
obligations under the national evalua-
tion. 
‘‘(vi) A description of the agency’s 
local asset management strategy for public 
housing properties, which shall be in lieu 
of any other asset management, project 
based management or accounting, or other 
system of allocating resources and costs to 
participating agency assets or cost centers 
that the Secretary may otherwise impose 
under this Act. 
‘‘(C) CHANGES.—If the agency proposes to 
make material changes in policies or initiatives 
in the plan during the year covered by the plan, 
the agency shall consult with the resident advi-
sory board for the agency established pursuant 
to section 5A(e) and the public regarding such 
changes before their adoption. 
‘‘(D) APPROVAL PROCESS.— 
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145 
‘‘(i) TIMING.—The Secretary shall re-
view and approve or disapprove each an-
nual plan submitted to the Secretary with-
in 45 days after such submission. The Sec-
retary, directly or through the public hous-
ing agency, shall make information relating 
to such approval or disapproval available to 
all members of the Resident Advisory 
Board of the public housing agency. 
‘‘(ii) 
STANDARDS
FOR
DIS-
APPROVAL.—The 
Secretary 
may 
dis-
approve a plan only if— 
‘‘(I) the Secretary reasonably de-
termines, based on information con-
tained in the annual plan or annual 
report, that the agency is not in com-
pliance with the requirements of this 
section; 
‘‘(II) the annual plan or most re-
cent annual report is not consistent 
with other reliable information avail-
able to the Secretary; or 
‘‘(III) the annual plan or annual 
report or the agency’s activities under 
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146 
the program are not otherwise in ac-
cordance with applicable law. 
‘‘(iii) FAILURE TO DISAPPROVE.—If a 
submitted plan is not disapproved within 
45 days after submission, the plan shall be 
considered to be approved for purposes of 
this section. The preceding sentence shall 
not preclude judicial review regarding such 
compliance pursuant to chapter 7 of title 
5, United States Code, or an action re-
garding such compliance under section 
1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983). 
‘‘(f) EVALUATION OF PERFORMANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct detailed evaluations of all public housing agen-
cies participating in the program under this sec-
tion— 
‘‘(A) to determine the level of success of 
each public housing agency in achieving the 
goals and objectives of the application to par-
ticipate in the program; 
‘‘(B) to determine the level of success of 
different types of proposals in achieving the pri-
ority strategies of subsection (d)(2) or other in-
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novative strategies identified pursuant to sub-
section (b)(1); and 
‘‘(C) to identify program models that can 
be replicated by other agencies to achieve such 
success. 
‘‘(2) 
EVALUATION
METHODOLOGY.—Evalua-
tions under this subsection shall be conducted uti-
lizing rigorous research methodology which shall in-
corporate, where appropriate and to the extent fund-
ing is available, the following: 
‘‘(A) Comparison of the impact on families 
to similar types of families not subject to such 
policies. 
‘‘(B) Comparisons of alternative strategies 
for advancing common goals. 
‘‘(C) An examination of the costs, outputs, 
and outcomes of tested strategies. 
‘‘(D) A process evaluation that examines 
the challenges faced in implementing tested 
strategies and how those challenges were over-
come. 
‘‘(E) A qualitative examination of the im-
pacts of tested strategies on affected families, 
including families on agency waiting lists. 
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‘‘(F) An examination of the impact of test-
ed strategies on the housing needs and condi-
tions of the jurisdiction in which the agency 
works. 
‘‘(G) Appropriate sensitivity to the costs 
that evaluation places on participating agencies, 
including a recognition that smaller agencies 
may have more difficulty than larger agencies 
in responding to data requests. 
‘‘(3) ADVISORY COUNCIL.—The Secretary shall 
establish an Advisory Council to provide input on 
the policies and strategies to be tested in evaluations 
under this subsection, data collection protocols, and 
other matters related to the success of the evalua-
tion, and to assist the evaluating entity and the Sec-
retary in interpreting the findings and formulating 
recommendations to the Congress to be included in 
the final report. The Secretary may also establish a 
separate Technical Advisory Group to provide input 
on technical issues associated with the evaluation. 
‘‘(4) REPORTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
submit three reports to the Congress, as pro-
vided in subparagraph (B), evaluating the pro-
grams of all public housing agencies partici-
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149 
pating in the program under this section and all 
agencies participating in the moving to work 
demonstration. Each such report shall include 
findings and recommendations for any appro-
priate legislative action. 
‘‘(B) TIMING.—The reports under this 
paragraph shall include— 
‘‘(i) an initial report, which shall be 
submitted before the expiration of the 2- 
year period beginning on the date on which 
additional agencies are approved for par-
ticipation pursuant to subsection (d); 
‘‘(ii) an interim report, which shall be 
submitted before the expiration of the 4- 
year period beginning on such date of ap-
proval; and 
‘‘(iii) a final report, which shall be 
submitted before the expiration of the 10- 
year period beginning on the date of the 
enactment of the Section 8 Voucher Re-
form Act of 2011. 
‘‘(5) EVALUATING ENTITY.—The Secretary may 
contract out the responsibilities under this para-
graphs (1) and (2) to an independent entity that is 
qualified to perform such responsibilities. 
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‘‘(6) PERFORMANCE
MEASURES.—The Sec-
retary or the evaluating entity, as applicable, shall 
establish performance measures, which may in-
clude— 
‘‘(A) a baseline performance level against 
which program activities may be evaluated; and 
‘‘(B) performance measures for each of the 
five purposes identified in paragraphs (1) 
through (5) of subsection (a). 
‘‘(g) IMPACT OF POLICY ON FAMILIES BEING AS-
SISTED.— 
‘‘(1) MODIFICATION OF POLICY.—If an evalua-
tion of an agency pursuant to subsection (f)(1)(A) 
includes evidence that a policy adopted by an agency 
is or has been harmful to families assisted by the 
agency, the Secretary may, after the publication of 
either the initial or the interim report pursuant to 
subsection (f)(4)(B), require such agency to take ap-
propriate actions to modify such policy to ameliorate 
such harm. 
‘‘(2) DETERMINATION.—The Secretary may not 
take such action unless the Secretary has made a 
determination that such policy is causing or has 
caused measurable harm to families currently or pre-
viously assisted, based on a reduction in the overall 
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151 
number of families receiving housing assistance, 
noncompliance with the provision of subsection 
(e)(6) (relating to rent burdens), specific types of 
families losing their housing assistance, a reduction 
in the number of affordable rental housing units op-
erated by the agency, noncompliance with the re-
quirements of subsection (e)(3)(A) (relating to tar-
geting), or a combination of such factors. 
‘‘(3) ADVICE
AND
OPPORTUNITY
TO
CON-
TEST.—Before taking such action, the Secretary 
shall advise the agency and give the agency a fair 
opportunity to contest such determination or action. 
If an agency contests such a determination or ac-
tion, the Secretary shall provide an opportunity for 
interested parties to submit additional relevant evi-
dence. 
‘‘(h) RECORDKEEPING, REPORTS, AND AUDITS.— 
‘‘(1) RECORDKEEPING.—Each public housing 
agency participating in the program under this sec-
tion shall keep such records as the Secretary may 
prescribe as reasonably necessary to disclose the 
amounts and the disposition of amounts under the 
program, to ensure compliance with the require-
ments of this section, and to measure performance. 
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‘‘(2) REPORTS.—In lieu of all other reporting 
requirements, each such agency participating in the 
program shall submit to the Secretary an annual re-
port in a form and at a time specified by the Sec-
retary. Each annual report shall include the fol-
lowing information: 
‘‘(A) A description, including an annual 
consolidated financial report, of the sources and 
uses of funds of the agency under the program, 
which shall account separately for funds made 
available under section 8 and subsections (d) 
and (e) of section 9, and shall compare the 
agency’s actions under the program with its an-
nual plan for the year. 
‘‘(B) An annual audit that complies with 
the requirements of Circular A–133 of the Of-
fice of Management and Budget, including the 
OMB Compliance Supplement. 
‘‘(C) A description of each hardship excep-
tion requested and granted or denied, and of 
the use of any transition rules. 
‘‘(D) Documentation of public and resident 
participation sufficient to comply with the re-
quirements under paragraph (7). 
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‘‘(E) A comparison of income and the sizes 
and types of families assisted by the agency 
under the program compared to those assisted 
by the agency in the base year. 
‘‘(F) Every two years, an evaluation of 
rent policies, subsidy level policies, and policies 
on program participation. 
‘‘(G) A description of any ongoing local 
evaluations and the results of any local evalua-
tions completed during the year. 
‘‘(3) ACCESS TO DOCUMENTS BY SECRETARY.— 
The Secretary shall have access for the purpose of 
audit and examination to any books, documents, pa-
pers, and records that are pertinent to assistance in 
connection with, and the requirements of, this sec-
tion. 
‘‘(4) ACCESS TO DOCUMENTS BY THE COMP-
TROLLER
GENERAL.—The Comptroller General of 
the United States, or any of the duly authorized rep-
resentatives 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, this section. 
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‘‘(5) REPORTS REGARDING EVALUATIONS.—The 
Secretary shall require each public housing agency 
participating in the program under this section to 
submit to the Secretary such information as the Sec-
retary considers appropriate to permit the Secretary 
to evaluate (pursuant to subsection (f)) the perform-
ance and success of the agency in achieving the pur-
poses of the program. 
‘‘(i) ADDITIONAL PROGRAM AGENCIES.—In partici-
pating in the program under the terms of this subsection, 
the public housing agencies designated for such participa-
tion shall be subject to the requirements of this section, 
and the additional following requirements: 
‘‘(1) APPLICABILITY
OF
CERTAIN
EXISTING 
PROVISIONS.—Such agencies shall be subject to the 
provisions of— 
‘‘(A) subsections (a) and (b) of section 3; 
and 
‘‘(B) section 8(o), except for paragraph 
(11) and except as the requirements of section 
8(o) are modified by subsection (e)(3) of this 
section. 
‘‘(2) NO TIME LIMITS.—Such agencies may not 
impose time limits on the term of housing assistance 
received by families under the program. 
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155 
‘‘(3) NO
EMPLOYMENT
CONDITIONS.—Such 
agencies may not condition the receipt of housing as-
sistance by families under the program on the em-
ployment status of one or more family members. 
‘‘(4) ONE-FOR-ONE REPLACEMENT.— 
‘‘(A) CONDITIONS ON DEMOLITION.—Such 
agencies may not demolish or dispose of any 
dwelling unit of public housing operated or ad-
ministered by such agency (including any un-
inhabitable unit and any unit previously ap-
proved for demolition) except pursuant to a 
plan for replacement of such units in accord-
ance with, and approved by the Secretary of 
Housing and Urban Development pursuant to, 
subparagraph (B). 
‘‘(B) PLAN
REQUIREMENTS.—The Sec-
retary may not approve a plan that provides for 
demolition or disposition of any dwelling unit of 
public housing referred to in subparagraph (A) 
unless— 
‘‘(i) such plan provides for outreach to 
public housing agency residents in accord-
ance with paragraph (5); 
‘‘(ii) not later than 60 days before the 
date of the approval of such plan, such 
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156 
agency has convened and conducted a pub-
lic hearing regarding the demolition or dis-
position proposed in the plan; 
‘‘(iii) such plan provides that for each 
such dwelling unit demolished or disposed 
of, such public housing agency will provide 
an additional dwelling unit through— 
‘‘(I) the acquisition or develop-
ment of additional public housing 
dwelling units; or 
‘‘(II) the acquisition, develop-
ment, 
or 
contracting 
(including 
through project-based assistance) of 
additional dwelling units that are sub-
ject to requirements regarding eligi-
bility for initial or continued occu-
pancy, tenant contribution toward 
rent, and long-term affordability re-
strictions which are comparable to 
public housing units, except that no 
household may be prevented from oc-
cupying a replacement dwelling unit 
provided pursuant to clause (iii) ex-
cept to the extent specifically provided 
by any other provision of Federal law 
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(including subtitle F of title V of the 
Quality Housing and Work Responsi-
bility Act of 1998 (42 U.S.C. 13661 
et seq.; relating to safety and security 
in public and assisted housing), sub-
title D of title VI of the Housing and 
Community Development Act of 1992 
(42 U.S.C. 13611 et seq.; relating to 
preferences for elderly and disabled 
residents), and section 16(f) of this 
Act (42 U.S.C. 1437n(f); relating to 
ineligibility of persons convicted of 
methamphetamine offenses)); 
‘‘(iv) such plan provides for a right, 
and implementation of such right, to occu-
pancy of additional dwelling units provided 
in accordance with clause (iii), for house-
holds who, as of the time that dwelling 
units demolished or disposed of were va-
cated to provide for such demolition or dis-
position, were occupying such dwelling 
units; 
‘‘(v) such plan provides that the pro-
posed demolition or disposition and reloca-
tion will be carried out in a manner that 
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affirmatively furthers fair housing, as de-
scribed in subsection (e) of section 808 of 
the Civil Rights Act of 1968; 
‘‘(vi) such plan provides for a mixed- 
income development on the site of the 
original public housing, with at least one- 
third of all dwelling units being provided 
through the development of additional pub-
lic housing dwelling units, except that upon 
a showing by the agency, if the Secretary 
determines that such location is infeasible, 
an agency may locate such a development 
in areas within the jurisdiction of the 
agency having low concentrations of pov-
erty; and 
‘‘(vii) to the extent that such plan 
provides for the provision of replacement 
or additional dwelling units, or redevelop-
ment, in phases over time, such plan pro-
vides that the ratio of dwelling units de-
scribed in subclauses (I) and (II) of clause 
(iii) that are provided in any such single 
phase to the total number of dwelling units 
provided in such phase is not less than the 
ratio of the aggregate number of such 
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dwelling units provided under the plan to 
the total number of dwelling units provided 
under the plan. 
‘‘(C) INAPPLICABLE
PROVISIONS.—Sub-
paragraphs (B) and (D) of section 8(o)(13) of 
the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(13)) shall not apply with re-
spect to vouchers used to comply with the re-
quirements of subparagraph (B)(iii) of this 
paragraph. 
‘‘(D) MONITORING.—The Secretary shall 
provide for the appropriate field offices of the 
Department to monitor and supervise the en-
forcement of this paragraph and plans approved 
under this paragraph and to consult, regarding 
such monitoring and enforcement, with resident 
councils of, and resident of public housing oper-
ated or administered by, the agency. 
‘‘(5) COMPREHENSIVE
OUTREACH
PLAN.—No 
program funds of such agencies may be use to de-
molish or dispose of any public housing dwelling 
units except in accordance with a comprehensive 
outreach plan for such activities, developed by the 
agency in conjunction with the residents of the pub-
lic housing agency, as follows: 
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160 
‘‘(A) The plan shall be developed by the 
agency and a resident task force, which may in-
clude members of the Resident Council, but 
may not be limited to such members, and which 
shall represent all segments of the population of 
residents of the agency, including single parent- 
headed households, the elderly, young employed 
and unemployed adults, teenage youth, and dis-
abled persons. 
‘‘(B) The votes and agreements regarding 
the plan shall involve— 
‘‘(i) in the case of any public housing 
agency that administers 250 or fewer pub-
lic housing dwelling units, not less than 10 
percent of affected residents; and 
‘‘(ii) in the case of any public housing 
agency that administers more than 250 
public housing dwelling units, not less than 
25 affected residents. 
‘‘(C) The plan shall provide for and de-
scribe outreach efforts to inform residents of 
the program under this subsection, including a 
door-to-door information program, monthly 
newsletters to each resident household, monthly 
meetings dedicated solely to every aspect of the 
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161 
proposed development, including redevelopment 
factors, which shall include the one-for-one re-
placement requirement under paragraph (4), 
resident rights to return, the requirements of 
the program under this subsection, new resident 
support and community services to be provided, 
opportunities for participation in architectural 
design, and employment opportunities for resi-
dents, which shall make available at least 30 
percent of the total hours worked at all such 
employment, and shall also make available at 
least 25 percent of unskilled jobs in demolition 
activities and 25 percent of unskilled jobs in 
construction activities related to the redevelop-
ment project, including job training, apprentice-
ships, union membership assistance. 
‘‘(D) The plan shall provide for regularly 
scheduled monthly meeting updates and a sys-
tem for filing complaints about any aspect of 
the redevelopment process. 
‘‘(j) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) EXISTING MTW AGENCY.—The term ‘exist-
ing MTW agency’ means a public housing agency 
that as of the date of the enactment of the Section 
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8 Voucher Reform Act of 2011 has an existing 
agreement with the Secretary pursuant to the mov-
ing to work demonstration, or is authorized to enter 
into such an agreement under section 230 of the 
Transportation, Housing and Urban Development, 
and Related Agencies Appropriations Act, 2008 
(Public Law 110–161; 121 Stat. 2438), section 236 
of the Transportation, Housing and Urban Develop-
ment, and Related Agencies Appropriations Act, 
2009 (Division I of Public Law 111–8; 123 Stat. 
981), section 232 of the Transportation, Housing 
and Urban Development, and Related Agencies Ap-
propriations Act, 2010 (Division A of Public Law 
111–117; 123 Stat. 3105), or the Continuing Appro-
priations Act, 2011 (Public Law 111–242; 124 Stat. 
2607), as amended. 
‘‘(2) BASE YEAR.—The term ‘base year’ means, 
with respect to a participating agency, the agency 
fiscal year or calendar year, as appropriate, most re-
cently completed prior to selection and approval for 
participation in the housing innovation program 
under this section. 
‘‘(3) MOVING TO WORK DEMONSTRATION.—The 
term ‘moving to work demonstration’ means the 
moving to work demonstration program under sec-
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163 
tion 204 of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1996 (42 U.S.C. 1437f 
note). 
‘‘(4) PARTICIPATING
AGENCIES.—The term 
‘participating agencies’ means public housing agen-
cies designated and approved for participation, and 
participating, in the housing innovation program 
under this section. 
‘‘(5) PROGRAM
FUNDS.—The term ‘program 
funds’ means, with respect to a participating agency, 
any amounts that the agency is authorized, pursuant 
to subsection (e)(1), to use to carry out the housing 
innovation program under this section of the agency. 
‘‘(6) RESIDENTS.—The term ‘residents’ means, 
with respect to a public housing agency, tenants of 
public housing of the agency and participants in the 
voucher or other housing assistance programs of the 
agency funded under section 8(o), or tenants of 
other units owned by the agency and assisted under 
this section. 
‘‘(k) RESIDENT TECHNICAL ASSISTANCE.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for each of 
fiscal years 2012 through 2016 $10,000,000, for 
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164 
providing capacity building and technical assistance 
to enhance the capabilities of low-income families as-
sisted or eligible for assistance under the program 
under this section to participate in the process for 
establishment and revision of annual plans under 
this section for participating agencies, including re-
view and comment on impact analyses and demoli-
tion or disposition proposals. 
‘‘(2) CRITERIA FOR AWARD OF FUNDS.—The 
Secretary shall publish the criteria to be used to 
award funds on a competitive basis, in an amount 
appropriate to the number of households affected by 
the program of the participating agency or agencies 
that such participating agency assists, to local, re-
gional, State, or national organizations that— 
‘‘(A)(i) have members who are predomi-
nantly low-income; 
‘‘(ii) have low-income individuals on their 
boards of directors; or 
‘‘(iii) directly work with or represent low- 
income individuals; 
‘‘(B) have the legal, policy, and develop-
ment expertise to provide such assistance or will 
subcontract for such services; and 
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‘‘(C) have a demonstrated capacity to man-
age similar grants. 
‘‘(3) PUBLIC HOUSING AGENCIES.— 
‘‘(A) INELIGIBILITY; NONLIABILITY.—Pub-
lic housing agencies shall not be eligible to re-
ceive funds under this subsection, and shall not 
be liable for the action of any grantee. 
‘‘(B) COOPERATION
WITH
GRANTEES.— 
Public housing agencies participating in the 
program under this section shall cooperate with 
grantees receiving technical assistance funds 
under this subsection, to assist such grantees to 
reach families assisted under the program. 
‘‘(l) AUTHORIZATION
OF
APPROPRIATIONS
FOR 
EVALUATIONS.—There is authorized to be appropriated 
$15,000,000 to the Department of Housing and Urban 
Development for the purpose of conducting the evaluations 
required under subsection (f)(1).’’. 
(b) GAO REPORT.—Not later than 48 months after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit a report to the 
Congress on the extent to which the public housing agen-
cies participating in the housing innovation program 
under section 37 of the United States Housing Act of 
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1937 are meeting the goals and purposes of such program, 
as identified in subsection (a) of such section 37. 
SEC. 26. STUDY OF USE OF INCOME DATABASES TO RE-
DUCE SUBSIDY ERRORS. 
The Comptroller General of the United States shall 
conduct a study to identify databases regarding incomes 
of families and individuals that may be used in connection 
with the voucher program for rental assistance under sec-
tion 8(o) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)), the public housing program under such 
Act, and project-based rental assistance programs under 
section 8 of such Act to reduce errors in subsidy amounts 
provided on behalf of recipients of assistance under such 
programs and to determine how best to utilize such data-
bases for such purpose. In conducting such study, the 
Comptroller General shall analyze and consider the use of 
income information maintained in the National Directory 
of New Hires database of the Department of Health and 
Human Services. Not later than the expiration of the 9- 
month period beginning on the date of the enactment of 
this Act, the Comptroller General shall submit a report 
to the Congress setting for the results and conclusions of 
the study under this section. 
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