[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4254 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4254

   To amend the United States Housing Act of 1937 to provide for the 
termination of tenancy of persons residing in public housing or housing 
  assisted under section 8 of such Act who engage in firearm-related 
               criminal activity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 1994

 Mr. Machtley introduced the following bill; which was referred to the 
            Committee on Banking, Finance and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the United States Housing Act of 1937 to provide for the 
termination of tenancy of persons residing in public housing or housing 
  assisted under section 8 of such Act who engage in firearm-related 
               criminal activity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public and Federally Assisted 
Housing Security Act of 1994''.

SEC. 2. DEFINITION OF ``FIREARM-RELATED CRIMINAL ACTIVITY''.

    Section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 
1437a(b)) is amended by adding at the end the following new paragraphs:
    ``(13) The term `firearm-related criminal activity' means any 
activity--
            ``(A) that violates any Federal criminal law relating to 
        manufacture, sale, transfer, use, or possession of a firearm;
            ``(B) that violates any State law under which the 
        manufacture, sale, transfer, use, or possession of an article 
        that is a firearm is punishable as a criminal offense; or
            ``(C)(i) that violates any Federal or State criminal law, 
        and (ii) in which a firearm is used or intended to be used.
    ``(14) The term `firearm' has the meaning given the term in section 
921 of title 18, United States Code.''.

SEC. 3. TERMINATION OF TENANCY IN PUBLIC HOUSING FOR FIREARM-RELATED 
              CRIMINAL ACTIVITY.

    Section 6 of the United States Housing Act of 1937 (42 U.S.C. 
1437d) is amended--
            (1) in subsection (c)(4)(A)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) by redesignating clause (iv) as clause (v); and
                    (C) by inserting after clause (iii) the following 
                new clause:
                            ``(iv) prohibit any individual or family 
                        evicted from housing assisted under this Act by 
                        reason of firearm-related criminal activity 
                        from having a preference under any provision of 
                        this subparagraph for 3 years, except that the 
                        agency may waive the application of this clause 
                        under standards established by the Secretary 
                        (which shall include waiver for any member of a 
                        family of an individual prohibited from tenancy 
                        under this clause who the agency determines 
                        clearly did not participate in and had no 
                        knowledge of such criminal activity or when 
                        circumstances leading to eviction no longer 
                        exist); and'';
            (2) in subsection (k), in the matter following paragraph 
        (6), by striking ``drug- related'' and inserting ``drug- or 
        firearm-related'';
            (3) in subsection (l)(5), by striking ``drug-related'' and 
        inserting ``drug- or firearm-related''; and
            (4) in subsection (n), by inserting ``and firearm-related 
        criminal activity'' after ``drug-related criminal activity''.

SEC. 4. TERMINATION OF TENANCY IN SECTION 8 HOUSING FOR FIREARM-RELATED 
              CRIMINAL ACTIVITY.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) is amended as follows:
            (1) Certificate program.--In subsection (d)(1)--
                    (A) in subparagraph (A)--
                            (i) in clause (ii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iii), by inserting ``and'' 
                        after the semicolon at the end; and
                            (iii) by inserting after clause (iii) the 
                        following new clause:
                            ``(iv) prohibit any individual or family 
                        evicted from housing assisted under this Act by 
                        reason of firearm-related criminal activity 
                        from having a preference under any provision of 
                        this subparagraph for 3 years, except that the 
                        agency may waive the application of this clause 
                        under standards established by the Secretary 
                        (which shall include waiver for any member of a 
                        family of an individual prohibited from tenancy 
                        under this clause who the agency determines 
                        clearly did not participate in and had no 
                        knowledge of such criminal activity or when 
                        circumstances leading to eviction no longer 
                        exist);''; and
                    (B) in subparagraph (B)(iii), by striking ``drug-
                related'' and inserting ``drug- or firearm-related''.
            (2) Voucher program.--In subsection (o)(3), by adding at 
        the end the following new sentence: ``Any individual or family 
        evicted from housing assisted under this Act by reason of 
        firearm-related criminal activity shall not be eligible for a 
        preference under any provision of this subparagraph for 3 
        years, except that the agency may waive the application of this 
        clause under standards established by the Secretary (which 
        shall include waiver for any member of a family of an 
        individual prohibited from tenancy under this clause who the 
        agency determines clearly did not participate in and had no 
        knowledge of such criminal activity or when circumstances 
        leading to eviction no longer exist).''.

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