[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[Senate]
[Pages S2899-S2901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3996. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr.
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for
the Departments of Transportation, and Housing and Urban Development,
and related agencies for the fiscal year ending September 30, 2016, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of title II in Division A, add the following:
Sec. __. (a) Definitions.--In this section--
(1) the term ``families'' has the meaning given that term
in section 3(b)(3) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3));
(2) the term ``low-income families'' has the meaning given
that term in section 3(b)(2) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(2));
(3) the term ``Secretary'' means the Secretary of Housing
and Urban Development; and
(4) the term ``very low-income families'' has the meaning
given that term in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
(b) Purposes.--The purposes of this section are--
(1) to give public housing agencies and the Secretary 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
families;
(2) to reduce administrative burdens on public housing
agencies providing such assistance;
(3) to give incentives to assisted families to work and
become economically self-sufficient;
(4) to increase housing choices for low-income families;
and
(5) to enhance the ability of low-income elderly residents
and persons with disabilities to live independently.
(c) Moving to Work Charter Program Authority.--
(1) Contract authority.--
(A) In general.--Subject to the phase-in requirements under
subparagraph (B), the Secretary shall enter into charter
contracts, beginning in fiscal year 2017, with not more than
250 public housing agencies administering the public housing
program or assistance provided under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(B) Phase-in.--The phase-in requirements under this
subparagraph are as follows:
(i) By the end of fiscal year 2017, the Secretary shall
have entered into charter contracts with not less than 80
public housing agencies described in subparagraph (A).
(ii) By the end of fiscal year 2018, the Secretary shall
have entered into charter contracts with not less than 160
public housing agencies described in subparagraph (A).
(iii) By the end of fiscal year 2019, the Secretary shall
have entered into charter contracts with not less than 250
public housing agencies described in subparagraph (A).
(2) Charter contracts.--A charter contract shall--
(A) supersede and have a term commensurate with any annual
contributions contract between a public housing agency and
the Secretary; and
(B) provide that a participating public housing agency
shall receive--
(i) capital and operating assistance allocated to such
agency under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g); and
(ii) assistance provided under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(3) Use of assistance.--Any assistance provided under
paragraph (2)(B)--
(A) may be combined; and
(B) shall be used to provide locally designed housing
assistance for low-income families, including--
(i) services to facilitate the transition to work and self-
sufficiency; and
[[Page S2900]]
(ii) any other activity which a public housing agency is
authorized to undertake pursuant to State or local law.
(d) Terms and Conditions of Assistance.--
(1) Applicability of united states housing act of 1937.--
Except as provided in this subsection, the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) shall not be
applicable to any public housing agency participating in the
Moving to Work Charter program established under this
section.
(2) Applicable 1937 act provisions.--The following
provisions of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) are applicable to any public housing
agency participating in the Moving to Work Charter program
established under this section:
(A) Subsections (a) and (b) of section 12 (42 U.S.C. 1437j
(a) and (b)) shall apply to housing assisted under a charter
contract, other than housing assisted solely due to occupancy
by families receiving tenant based rental assistance.
(B) Section 18 (42 U.S.C. 1437p) shall continue to apply to
public housing developed under such Act notwithstanding any
use of the housing under a charter contract.
(3) Charter contract terms.--A charter contract shall
provide that a public housing agency--
(A) may--
(i) combine assistance received under sections 8 and 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437f and
1437g), as described in subsection (c)(3); and
(ii) use such assistance to provide housing assistance and
related services for activities authorized by this section,
including those activities authorized by sections 8 and 9 of
such Act;
(B) certify that in preparing its application for
participation in the Moving to Work Charter program
established under this section, such agency has--
(i) provided for citizen participation through a public
hearing and, if appropriate, other means; and
(ii) taken into account comments from the public hearing
and any other public comments on the proposed activities
under this section, including comments from current and
prospective residents who would be affected by such contract;
(C) shall ensure that not less than 75 percent of the
families assisted under a charter contract shall be, at the
time of such families' entry into the Moving to Work Charter
program, very low-income families;
(D) shall establish a reasonable rent policy, which shall--
(i) be designed to encourage employment, self-sufficiency,
and homeownership by participating families, consistent with
the purposes of this section;
(ii) include transition and hardship provisions;
(iii) be included in the annual plan of such agency; and
(iv) be subject to the opportunities for public
participation described in subsection (f)(1)(C)(iv);
(E) 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 contract;
(F) shall maintain a comparable mix of families (by family
size) as would have been provided had the agency not entered
into such contract;
(G) shall ensure that housing assisted under such contract
meets housing quality standards established or approved by
the Secretary;
(H) shall receive training and technical assistance, upon
request by such agency, to assist with the design and
implementation of the activities described under this
section;
(I) shall receive an amount of assistance under sections 8
and 9 of the United States Housing Act of 1937 (42 U.S.C.
1437f and 1437g) that is not diminished by the participation
of such agency in the Moving to Work Charter program
established under this section;
(J) shall be subject to the procurement procedures
described in such contract;
(K) shall ensure that each family receiving housing
assistance--
(i) 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 (42 U.S.C. 601 et seq.) if the family were
receiving assistance or benefits under that program; or
(ii) would qualify under that program to an exception to
engaging in such work activities; and
(L) shall provide housing assistance to families assisted
under a charter contract for not more than 5 years.
(e) Selection.--In selecting among public housing agency
applications to participate in the Moving to Work Charter
program established under this section, the Secretary shall
consider--
(1) the potential of each agency to plan and carry out
activities under such program;
(2) the relative performance by an agency under section
6(j) of the United States Housing Act of 1937 (42 U.S.C.
1437d(j));
(3) the need for a diversity of participants in terms of
size, location, and type of agency; and
(4) any other appropriate factor as determined by the
Secretary.
(f) Charter Report.--
(1) Contents.--
(A) In general.--Notwithstanding any other provision of
law, and in place of all other planning and reporting
requirements otherwise required, each public housing agency
that is a party to a charter contract shall submit to the
Secretary, on an annual basis, a single charter report, in a
form and at a time specified by the Secretary.
(B) Sole means of reporting.--A charter report submitted
under subparagraph (A) 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 year, unless the Secretary has
reason to believe that such agency has violated the charter
contract between the Secretary and such agency.
(C) Requirements.--Each charter report required under
subparagraph (A) shall--
(i) document the use by a public housing agency of any
assistance provided under a charter contract, including
appropriate financial statements;
(ii) describe and analyze the effect of assisted activities
in addressing the objectives of this section;
(iii) include a certification by such agency that such
agency has prepared an annual plan which--
(I) states the goals and objectives of that agency under
the charter contract for the past fiscal year;
(II) describes the proposed use of assistance by that
agency for activities under the charter contract for the past
fiscal year;
(III) explains how the proposed activities of that agency
will meet the goals and objectives of that agency;
(IV) includes appropriate budget and financial statements
of that agency; and
(V) was prepared in accordance with a public process as
described in clause (iv);
(iv) 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 plan, which shall
include not less than 1 public hearing; and
(v) include such other information as may be required by
the Secretary pursuant to subsection (g)(2).
(2) Review.--Any charter report submitted pursuant to
paragraph (1) shall be deemed approved unless the Secretary,
not later than 45 days after the date of submission of such
report, issues a written disapproval because--
(A) the Secretary reasonably determines, based on
information contained in the report, that a public housing
agency is not in compliance with the provisions of this
section or other applicable law; or
(B) such report is inconsistent with other reliable
information available to the Secretary.
(g) Records and Audits.--
(1) Keeping of records.--Each public housing agency shall
keep such records as the Secretary may prescribe as
reasonably necessary--
(A) to disclose the amounts and the disposition of amounts
under the Moving to Work Charter program established under
this section;
(B) to ensure compliance with the requirements of this
section; and
(C) to measure performance.
(2) Access to documents by the secretary.--
(A) In general.--The Secretary 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.
(B) Limitation.--Access by the Secretary described under
subparagraph (A) shall be limited to information obtained
solely through the annual charter report submitted by a
public housing agency under subsection (f), unless the
Secretary has reason to believe that such agency is not in
compliance with the charter contract between the Secretary
and such agency.
(3) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any duly
authorized representative 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 the
Moving to Work Charter program established under this
section.
(h) Procurement Preemption.--
(1) 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 section.
(2) 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 law.
(i) 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 agreement, as described in
[[Page S2901]]
subsection (j), unless such law expressly provides for such
law's application to public housing agencies subject to this
section.
(j) Existing Agreements.--Notwithstanding anything in this
section or any other provision of law, any public housing
agency which has an existing Moving to Work program agreement
with the Secretary pursuant to section 204 of the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 (Public Law
104-134; 110 Stat. 1321-281) and which is not in default
thereof, may, at the option of such agency--
(1) continue to operate under the terms and conditions of
such agreement notwithstanding any limitation on the terms
contained in such contract; or
(2) at any time, enter into a charter contract with the
Secretary on terms and conditions which are not less
favorable to the agency than such existing agreement.
(k) Public Housing Agency Evaluation.--
(1) In general.--Not later than the end of fiscal year
2017, the Secretary shall appoint a Federal advisory
committee consisting of public housing agencies with charter
contracts, public housing industry organizations, resident
organizations, other public housing and section 8 voucher
stakeholders, and experts on accreditation systems in similar
fields, to assess and develop a demonstration program to test
standards, criteria, and practices for a national public
housing agency accreditation system or other evaluation
system.
(2) Report.--Not later than the end of fiscal year 2019,
the committee established under paragraph (1) and the
Secretary shall provide a report and recommendations to
Congress with respect to the establishment of a national
public housing agency accreditation system.
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