,,ii #aacth ,,congress #ast ,session ,s4 #aagg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjac ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 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 assistance1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,moving to ,work ,charter ,program ,act of #bjac4 #b4 ,moving to work charter program authorization 7a7 ,purpose ,the purpose of this ,act is-- 7#a7 to give public housing agencies and the ,secretary of ,housing and ,urban ,development 7in this ,act referred to as the ,secretary7 the flexibility to design and implement various approaches for providing and administering housing assistance that achieves greater cost effectiveness in using ,federal housing assistance to address local housing needs for low-income families2 7#b7 to reduce administrative burdens on public housing agencies providing such assistance2 7#c7 to give incentives to assisted families to work and become economically self-sufficient2 7#d7 to increase housing choices for low-income families2 and 7#e7 to enhance the ability of low-income elderly residents and persons with disabilities to live independently4 7b7 ,moving to ,work ,charter ,program authority 7#a7 ,contract authority 7,a7 ,in general ,subject to the phase-in requirements under subparagraph 7,b71 the ,secretary shall enter into charter contracts1 beginning in fiscal year #bjad1 with up to #bej public housing agencies administering the public housing program or the section #h housing assistance program under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq474 7,b7 ,phase-in ,the phase-in requirements under this subparagraph are as follows3 7i7 ,by the end of fiscal year #bjad1 the ,secretary shall have entered into charter contracts with at least #hj public housing agencies described in subparagraph 7,a74 7ii7 ,by the end of fiscal year #bjae1 the ,secretary shall have entered into charter contracts with at least #afj public housing agencies described in subparagraph 7,a74 7iii7 ,by the end of fiscal year #bjaf1 the ,secretary shall have entered into charter contracts with at least #bej public housing agencies described in subparagraph 7,a74 7#b7 ,charter contracts ,a charter contract shall-- 7,a7 supersede and have a term commensurate with any annual contributions contract between a public housing agency and the ,secretary2 and 7,b7 provide that a participating public housing agency shall receive-- 7i7 capital and operating assistance allocated to such agency under section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g72 and 7ii7 assistance provided under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7#c7 ,use of assistance ,any assistance provided under paragraph 7#b77;,b7-- 7,a7 may be combined2 and 7,b7 shall be used to provide locally designed housing assistance for low-income families1 including-- 7i7 services to facilitate the transition to work and self-sufficiency2 and 7ii7 any other activity which a public housing agency is authorized to undertake pursuant to ,state or local law4 7c7 ,terms and conditions of assistance 7#a7 ,applicability of ,united ,states ,housing ,act of #aicg ,except as provided in this section1 the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 shall not be applicable to any public housing agency participating in the ,moving to ,work ,charter program established under this section4 7#b7 ,applicable #aicg ,act provisions ,the following provisions of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 are applicable to any public housing agency participating in the ,moving to ,work ,charter program established under this section3 7,a7 ,subsections 7a7 and 7b7 of section #ab 7#db ,u4,s4,c4 #adcg;j 7a7 and 7b77 shall apply to housing assisted under a charter contract1 other than housing assisted solely due to occupancy by families receiving tenant based rental assistance4 7,b7 ,section #ah 7#db ,u4,s4,c4 #adcgp7 shall continue to apply to public housing developed under such ,act notwithstanding any use of the housing under a charter contract4 7#c7 ,charter contract terms ,a charter contract shall provide that a public housing agency-- 7,a7 may-- 7i7 combine assistance received under sections #h and #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f and #adcg;g71 as described in subsection 7b77#c72 and 7ii7 use such assistance to provide housing assistance and related services for activities authorized by this section1 including those activities authorized by sections #h and #i of such ,act2 7,b7 certify that in preparing its application for participation in the ,moving to ,work ,charter program established under this section1 such agency has-- 7i7 provided for citizen participation through a public hearing and1 if appropriate1 other means2 and 7ii7 taken into account comments from the public hearing and any other public comments on the proposed activities under this ,act1 including comments from current and prospective residents who would be affected by such contract2 7,c7 shall ensure that at least #ge percent of the families assisted under a charter contract shall be1 at the time of such families' entry into the ,moving to ,work ,charter program1 very low-income families2 7,d7 shall establish a reasonable rent policy1 which shall-- 7i7 be designed to encourage employment1 self-sufficiency1 and homeownership by participating families1 consistent with the purpose of this ,act2 7ii7 include transition and hardship provisions2 7iii7 be included in the annual plan of such agency2 and 7iv7 be subject to the opportunities for public participation described in subsection 7e77#a77;,c77iv72 7,e7 shall continue to assist not less than substantially the same total number of low-income families as would have been served had such agency not entered into such contract2 7,f7 shall maintain a comparable mix of families 7by family size7 as would have been provided had the agency not entered into such contract2 7,g7 shall ensure that housing assisted under such contract meets housing quality standards established or approved by the ,secretary2 7,h7 shall receive training and technical assistance1 upon request by such agency1 to assist with the design and implementation of the activities described under this ,act2 7,i7 shall receive an amount of assistance under sections #h and #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f and #adcg;g7 that is not diminished by the participation of such agency in the ,moving to ,work ,charter program established under this section2 7,j7 shall be subject to the procurement procedures described in such contract2 7,k7 shall ensure that each family receiving housing assistance-- 7i7 is engaged in work activities that would count toward satisfying the monthly work participation rates applicable to the ,state in which such public housing agency is located for purposes of the ,state temporary assistance to needy families program funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 if the family were receiving assistance or benefits under that program2 or 7ii7 would qualify under that program to an exception to engaging in such work activities2 and 7,l7 shall provide housing assistance to families assisted under a charter contract for not more than #e years4 7d7 ,selection ,in selecting among public housing agency applications to participate in the ,moving to ,work ,charter program established under this section1 the ,secretary shall consider-- 7#a7 the potential of each agency to plan and carry out activities under such program2 7#b7 the relative performance by an agency under section #f7;j7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7j772 7#c7 the need for a diversity of participants in terms of size1 location1 and type of agency2 and 7#d7 any other appropriate factor as determined by the ,secretary4 7e7 ,charter report 7#a7 ,contents 7,a7 ,in general ,notwithstanding any other provision of law1 and in place of all other planning and reporting requirements otherwise required1 each public housing agency that is a party to a charter contract shall submit to the ,secretary1 on an annual basis1 a single charter report1 in a form and at a time specified by the ,secretary4 7,b7 ,sole means of reporting ,a charter report submitted under subparagraph 7,a7 shall be the sole means by which a public housing agency shall be required to provide information to the ,secretary on the activities assisted under this section during a fiscal year1 unless the ,secretary has reason to believe that such agency has violated the charter contract between the ,secretary and such agency4 7,c7 ,requirements ,each charter report required under subparagraph 7,a7 shall-- 7i7 document the use by a public housing agency of any assistance provided under a charter contract1 including appropriate financial statements2 7ii7 describe and analyze the effect of assisted activities in addressing the objectives of this section2 7iii7 include a certification by such agency that such agency has prepared an annual plan which-- 7,i7 states the goals and objectives of that agency under the charter contract for the past fiscal year2 7,,ii7 describes the proposed use of assistance by that agency for activities under the charter contract for the past fiscal year2 7,,iii7 explains how the proposed activities of that agency will meet the goals and objectives of that agency2 7,,iv7 includes appropriate budget and financial statements of that agency2 and 7,v7 was prepared in accordance with a public process as described in clause 7iv72 7iv7 describe and document how a public housing agency has provided residents assisted under a charter contract and the wider community with opportunities to participate in the development of and comment on the annual plan1 which shall include at least #a public hearing2 and 7v7 include such other information as may be required by the ,secretary pursuant to subsection 7f77#b74 7#b7 ,review ,any charter report submitted pursuant to paragraph 7#a7 shall be deemed approved unless the ,secretary1 not later than #de days after the date of submission of such report1 issues a written disapproval because-- 7,a7 the ,secretary reasonably determines1 based on information contained in the report1 that a public housing agency is not in compliance with the provisions of this section or other applicable law2 or 7,b7 such report is inconsistent with other reliable information available to the ,secretary4 7f7 ,records and audits 7#a7 ,keeping of records ,each public housing agency shall keep such records as the ,secretary may prescribe as reasonably necessary-- 7,a7 to disclose the amounts and the disposition of amounts under the ,moving to ,work ,charter program established under this section2 7,b7 to ensure compliance with the requirements of this section2 and 7,c7 to measure performance4 7#b7 ,access to documents by the secretary 7,a7 ,in general ,the ,secretary shall have access for the purpose of audit and examination to any books1 documents1 papers1 and records that are pertinent to assistance in connection with1 and the requirements of1 this section4 7,b7 ,limitation ,access by the ,secretary described under subparagraph 7,a7 shall be limited to information obtained solely through the annual charter report submitted by a public housing agency under subsection 7e71 unless the ,secretary has reason to believe that such agency is not in compliance with the charter contract between the ,secretary and such agency4 7#c7 ,access to documents by the comptroller general ,the ,comptroller ,general of the ,united ,states1 or any duly authorized representative of the ,comptroller ,general1 shall have access for the purpose of audit and examination to any books1 documents1 papers1 and records that are pertinent to assistance in connection with1 and the requirements of the ,moving to ,work ,charter program established under this section4 7g7 ,procurement preemption 7#a7 ,in general ,any ,state or local law which imposes procedures or standards for procurement which conflict with or are more burdensome than applicable ,federal procurement requirements shall not apply to any public housing agency under the ,moving to ,work ,charter program established under this section4 7#b7 reduction of administrative burdens ,the ,secretary may approve procurement procedures for public housing agencies participating in the ,moving to ,work ,charter program established under this section that reduce administrative burdens of procurement requirements imposed by ,federal law4 7h7 ,subsequent laws preempted ,a public housing agency participating in the ,moving to ,work ,charter program established under this section shall not be subject to any provision of law which conflicts with the provisions of this section and which is enacted subsequent to the date of execution of such agency's charter contract or ,moving to ,work program agreement1 as described in subsection 7i71 unless such law expressly provides for such law's application to public housing agencies subject to this section4 7i7 ,existing agreements ,notwithstanding anything in this section or any other provision of law1 any public housing agency which has an existing ,moving to ,work program agreement with the ,secretary pursuant to section #bjd of the ,departments of ,veterans ,affairs and ,housing and ,urban ,development1 and ,independent ,agencies ,appropriations ,act1 #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-bha7 and which is not in default thereof1 may1 at the option of such agency-- 7#a7 continue to operate under the terms and conditions of such agreement notwithstanding any limitation on the terms contained in such contract2 or 7#b7 at any time1 enter into a charter contract with the ,secretary on terms and conditions which are not less favorable to the agency than such existing agreement4 7j7 ,public housing agency evaluation 7#a7 ,in general ,by the end of fiscal year #bjad1 the ,secretary shall appoint a ,federal advisory committee consisting of public housing agencies with charter contracts1 public housing industry organizations1 resident organizations1 other public housing and section #h voucher stakeholders1 and experts on accreditation systems in similar fields1 to assess and develop a demonstration program to test standards1 criteria1 and practices for a national public housing agency accreditation system or other evaluation system4 7#b7 ,report ,not later than the end of fiscal year #bjaf1 the committee established under paragraph 7#a7 and the ,secretary shall provide a report and recommendations to ,congress with respect to the establishment of a national public housing agency accreditation system4 7k7 ,definitions ,in this ,act-- 7#a7 the term families has the same meaning as in section #c7;b77#c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#c772 7#b7 the term low-income families has the same meaning as in section #c7;b77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#b772 and 7#c7 the term very low-income families has the same meaning as in section #c7;b77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#b774