[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3865 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3865

 To require the Secretary of Housing and Urban Development to withhold 
  public housing funding from public housing agencies in States that 
  prevent or impede the eviction of a public housing tenant upon the 
         initial violation of the terms of the tenant's lease.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1996

Mr. Torricelli introduced the following bill; which was referred to the 
              Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Housing and Urban Development to withhold 
  public housing funding from public housing agencies in States that 
  prevent or impede the eviction of a public housing tenant upon the 
         initial violation of the terms of the tenant's lease.

    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 ``One Strike Enforcement Act''.

SEC. 2. AUTHORITY TO WITHHOLD PHA FUNDING.

    Section 6 of the United States Housing Act of 1937 (42 U.S.C. 
1437d) is amended by adding at the end the following new subsection:
    ``(s) Authority to Withhold Amounts.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, upon determining that a State has in effect any law, 
        regulation, policy, or directive which prohibits, prevents, or 
        impairs any public housing agency from terminating the tenancy 
        of a public housing tenant because the tenant has, on one 
        occasion, engaged in any conduct or violation of the terms of 
        the lease that is sufficient grounds for such termination, the 
        Secretary shall withhold public housing assistance amounts (in 
        an amount determined by the Secretary) from each public housing 
        agency that owns or operates public housing located within such 
        State.
            ``(2) Public housing assistance.--For purposes of this 
        subsection, the term `public housing assistance' includes, with 
        respect to a public housing agency, any amounts made available 
        under this title for assistance for development, operation, or 
        modernization of public housing (including amounts for capital 
        improvements) for such agency.
            ``(3) Release of withheld amounts.--After withholding 
        amounts pursuant to paragraph (1) from the public housing 
        agencies of a State, upon determining that the law, regulation, 
        policy, or directive referred to in paragraph (1) is no longer 
        in effect, the Secretary shall release, to each such public 
        housing agency, any amounts withheld from the public housing 
        agency.
            ``(4) Administrative procedure.--The determinations under 
        paragraphs (1) and (3) regarding a State law, regulation, 
        policy, or directive shall be made on the record after 
        opportunity for a hearing.''.
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