[Congressional Record Volume 143, Number 54 (Wednesday, April 30, 1997)]
[House]
[Pages H2092-H2094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                 H.R. 2

                         Offered By: Mr. Ensign

       Amendment No. 28: Page 333, after line 2, insert the 
     following new section:

     SEC. 708. TREATMENT OF PHA REPAYMENT AGREEMENT.

       (a) Limitation on Secretary.--During the 2-year period 
     beginning on the date of the enactment of this Act, if the 
     Housing Authority of the City of Las Vegas, Nevada, is 
     otherwise in compliance with the Repayment Lien Agreement and 
     Repayment Plan approved by the Secretary on February 12, 
     1997, the Secretary of Housing and Urban Development shall 
     not take any action that has the effect of reducing the 
     inventory of senior citizen housing owned by such housing 
     authority that does not receive assistance from the 
     Department of Housing and Urban Development.
       (b) Alternative Repayment Options.--During the period 
     referred to in subsection (a), the Secretary shall assist the 
     housing authority referred to in such subsection to identify 
     alternative repayment options to the plan referred to in such 
     subsection and to execute an amended repayment plan that will 
     not adversely affect the housing referred to in such 
     subsection.
       (c) Rule of Construction.--This section may not be 
     construed to alter--
       (1) any lien held by the Secretary pursuant to the 
     agreement referred to in subsection (a); or
       (2) the obligation of the housing authority referred to in 
     subsection (a) to close all remaining items contained in the 
     Inspector General audits numbered 89 SF 1004 (issued January 
     20, 1989), 93 SF 1801 (issued October 30, 1993), and 96 SF 
     1002 (issued February 23, 1996).

                                 H.R. 2

                      Offered By: Ms. Jackson-Lee

       Amendment No. 29: Page 25, strike line 21 and all that 
     follows through page 31, line 18, and insert the following:

     SEC. 105. ECONOMIC SELF-SUFFICIENCY ACTIVITIES.

       (a) Cooperation Agreements.--
       (1) Requirement.--A public housing
       Page 32, line 1, strike ``facilitate'' and all that follows 
     through ``may'' on line 5.
       Page 32, strike line 8 and insert the following:
       (2) Contents.--A public housing agency
       Page 32, line 10, strike ``paragraph'' and insert 
     ``section''.
       Page 32, strike line 22 and insert the following:
       (3) Confidentiality.--This section
       Page 33, strike line 3 and all that follows through ``(f)'' 
     on page 35, line 3, and insert ``(b)''.
       Page 35, strike lines 15 through 23.

                                 H.R. 2

                      Offered By: Ms. Jackson-Lee

       Amendment No. 30: Page 99, strike line 12 and all that 
     follows through line 25 on page 99, and insert the following:

     SEC. 223. PREFERENCES FOR OCCUPANCY.

       (a) In General.--Except for projects or portions of 
     projects designated for occupancy pursuant to section 227 
     with respect to which the Secretary has determined that 
     application of this section would result in excessive delays 
     in meeting the housing needs of such families, each public 
     housing agency shall establish a system for making dwelling 
     units in public housing available for occupancy that--
       (1) for not less than 50 percent of the units that are made 
     available for occupancy in a given fiscal year, gives 
     preference to families that occupy substandard housing 
     (including families that are homeless or living in a shelter 
     for homeless families), are paying more than 50 percent of 
     family income for rent, or are involuntarily displaced 
     (including displacement because of disposition of a 
     multifamily housing project under section 203 of the Housing 
     and Community Development Amendments of 1978) at the same 
     time they are seeking assistance under this Act; and
       (2) for any remaining units to be made available for 
     occupancy, gives preference in accordance with a system of 
     preferences established by the public housing agency in 
     writing and after public hearing to respond to local housing 
     needs and priorities, which may include--
       (A) assisting very low-income families who either reside in 
     transitional housing assisted under title IV of the Stewart 
     B. McKinney Homeless Assistance Act, or participate in a 
     program designed to provide public assistance recipients with 
     greater access to employment and educational opportunities;
       (B) assisting families identified by local public agencies 
     involved in providing for the welfare of children as having a 
     lack of adequate housing that is a primary factor in the 
     imminent placement of a child in foster care, or in 
     preventing the discharge of a child from foster care and 
     reunification with his or her family;
       (C) assisting youth, upon discharge from foster care, in 
     cases in which return to the family or extended family or 
     adoption is not available;
       (D) assisting families that include one or more adult 
     members who are employed; and
       (E) achieving other objectives of national housing policy 
     as affirmed by the Congress.
       Page 100, line (1) strike ``(c)'' and insert ``(b)''.
       Page 100, line 4, after ``preferences'' insert ``under 
     subsection (a)(2)''.

                                 H.R. 2

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 31: Page 120, line 2, strike ``and''.
       Page 120, line 23, strike the period and insert a 
     semicolon.
       Page 120, after line 23, insert the following:
       (3) in subsections (c)(1)(A) and (d)(1)(A), by striking 
     ``make their best efforts,'' each place it appears and 
     inserting ``to the maximum extent that is possible and'';
       (4) in subsection (c)(1)(A), by striking ``to give'' and 
     inserting ``give''; and
       (5) in subsection (d)(1)(A), by striking ``to award'' and 
     inserting ``award''.

                      Offered By: Ms. Jackson-Lee

       Amendment No. 32: Page 188, strike line 13 and all that 
     follows through line 3 on page 189, and insert the following:
       (d) Preferences for Assistance.--
       (1) In general.--Each public housing agency that receives 
     amounts under this title shall establish a system for making 
     housing assistance available on behalf of eligible families 
     that--
       (A) for not less than 90 percent of such families, gives 
     preference to families that occupy substandard housing 
     (including families that are homeless or living in a shelter 
     for homeless families), are paying more than 50 percent of 
     family income for rent, or are involuntarily displaced 
     (including displacement because of disposition of a 
     multifamily housing project under section 203 of the Housing 
     and Community Development Amendments of 1978) at the time 
     they are seeking assistance under this title; except that any 
     family otherwise eligible for assistance under this title may 
     not be denied preference for assistance (or delayed or 
     otherwise adversely affected in the provision of such 
     assistance) solely because the family resides in public 
     housing; and
       (B) for any remaining assistance in any 1-year period, 
     gives preference to families who qualify under a system of 
     local preferences established by the public housing agency in 
     writing and after public hearing to respond to local housing 
     needs and priorities, which may include--
       (i) assisting very low-income families who either reside in 
     transitional housing assisted under title IV of the Stewart 
     B. McKinney Homeless Assistance Act, or participate in a 
     program designed to provide public assistance recipients with 
     greater access to employment and educational opportunities;
       (ii) assisting families identified by local public agencies 
     involved in providing for the welfare of children as having a 
     lack of adequate housing that is a primary factor in the 
     imminent placement of a child in foster care, or in 
     preventing the discharge of a child from foster care and 
     reunification with his or her family;
       (iii) assisting youth, upon discharge from foster care, in 
     cases in which return to the family or extended family or 
     adoption is not available;
       (iv) assisting families that include one or more adult 
     members who are employed; and
       (v) achieving other objectives of national housing policy 
     as affirmed by the Congress.
       Page 189, line 4, strike ``(3)'' and insert ``(2)''.
       Page 189, line 8, after ``preferences'' insert ``under 
     paragraph (1)(B)''.

                                 H.R. 2

                Offered By: Mrs. Johnson of Connecticut

       Amendment No. 33: Page 316, after line 19, insert the 
     following new subsection:
       (c) Ineligibility of Sexually Violent Predators for 
     Admission to Public Housing.--
       (1) In general.--Notwithstanding any other provision of 
     law, a public housing agency shall prohibit admission to 
     public housing for any household that includes any individual 
     who is a sexually violent predator.
       (2) Sexually violent predator.--For purposes of this 
     subsection, the term ``sexually violent predator'' means an 
     individual who--
       (A) is a sexually violent predator (as such term is defined 
     in section 170101(a)(3) of such Act); and
       (B) is subject to a registration requirement under section 
     170101(a)(1)(B) or 170102(c) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14071(a)(1)(B), 
     14072(c)), as provided under section 170101(b)(6)(B) or 
     170102(d)(2), respectively, of such Act.
       Page 316, line 20, strike ``(c)'' and insert ``(d)''.
       Page 316, lines 21 and 22, strike ``and (b)'' and insert 
     ``, (b), and (c)''.
       Page 317, line 22, strike ``(d)'' and insert ``(e)''.
       Page 318, line 13, strike ``(e)'' and insert ``(f)''.
       Page 321, line 9, after ``Children'' insert ``and sexually 
     violent predators''.
       Page 321, line 11, after the comma insert ``the Federal 
     Bureau of Investigation,''.

[[Page H2093]]

       Page 321, line 15, insert a comma before ``and''.
       Page 321, line 18, after ``under'' insert the following: 
     ``the national database established pursuant to section 
     170102 of such Act or''.
       Page 321, line 19, after ``program'' insert ``, as 
     applicable,''.
       Page 323, line 12, after ``criminal record'' insert 
     ``(including on the basis that an individual is a sexually 
     violent predator, pursuant to section 641(c))''.
       Page 323, line 21, strike ``641(d)'' and insert ``641(e)''.

                                 H.R. 2

                      Offered By: Mr. Knollenberg

       Amendment No. 34: Page 25, after line 20, insert the 
     following new subsection:
       (e) Availability of Income Matching Information.--
       (1) Disclosure to pha.--A public housing agency shall 
     require any family described in paragraph (2) who receives 
     information regarding income, earnings, wages, or 
     unemployment compensation from the Department of Housing and 
     Urban Development pursuant to income verification procedures 
     of the Department of disclose such information, upon receipt 
     of the information, to the public housing agency that owns or 
     operates the public housing dwelling unit in which such 
     family resides or that provides the housing assistance on 
     behalf of such family, as applicable.
       (2) Applicability to families receiving public housing or 
     choice-based housing assistance.--A family described in this 
     paragraph is a family that resides in a dwelling unit--
       (A) that is a public housing dwelling unit; or
       (B) for which housing assistance is provided under title 
     III (or under the program for tenant-based assistance under 
     section 8 of the United States Housing Act of 1937 (as in 
     effect before the effective date of the repeal under section 
     601(b) of this Act)).
       (3) Protection of applicants and participants.--Section 904 
     of the Stewart B. McKinney Homeless Assistance Amendments Act 
     of 1988 (42 U.S.C. 3544) is amended--
       (A) in subsection (b)--
       (i) in paragraph (2), by striking ``and'' at the end;
       (iii) in paragraph (3), by striking the period at the end 
     and inserting ``; and ''; and
       (ii) by adding at the end the following new paragraph:
       ``(4) only in the case of an applicant or participant that 
     is a member of a family described in section 104(e)(2) of the 
     Housing Opportunity and Responsibility Act of 1997, sign an 
     agreement under which the applicant or participant agrees to 
     provide to the appropriate public housing agency the 
     information required under such section 104(e)(1) of the 
     Housing Opportunity and Responsibility Act of 1997 for the 
     sole purpose of the public housing agency verifying income 
     information pertinent to the applicant's or participant's 
     eligibility or level of benefits, and comply with such 
     agreement.''; and
       (B) in subsection (c)--
       (i) in paragraph (2)(A), in the matter preceding clause 
     (I)--
       (I) by inserting before ``or'' the first place it appears 
     the following: ``, pursuant to section 104(e)(1) of the 
     Housing Opportunity and Responsibility Act of 1997 from the 
     applicant or participant,''; and
       (II) by inserting ``or 104(e)(1)'' after ``such section 
     303(i)''; and (ii) in paragraph (3)--
       (I) in subparagraph (A), by inserting ``, section 104(e)(1) 
     of the Housing Opportunity and Responsibility Act of 1997,'' 
     after ``Social Security Act''; and
       (II) in subparagraph (A), by inserting ``or agreement, as 
     applicable,'' after ``consent'';
       (III) in subparagraph (B), by inserting ``section 104(e)(1) 
     of the Housing Opportunity and Responsibility Act of 1997,'' 
     after ``Social Security Act,''; and
       (IV) in subparagraph (B), by inserting ``such section 
     104(e)(1),'' after ``such section 303(i),'' each place it 
     appears.

                                 H.R. 2

                      Offered By: Mr. Knollenberg

       Amendment No. 35. At the end of the bill, add the following 
     new title:

          TITLE VIII--ACCESS TO AND DISCLOSURE OF INFORMATION

     SEC. 801. REINSTITUTION OF REQUIREMENTS REGARDING HUD ACCESS 
                   TO CERTAIN INFORMATION OF STATE AGENCIES.

       (a) In General.--Subsection (i) of section 303 of the 
     Social Security Act (42 U.S.C. 503(i)) is amended by striking 
     paragraph (5).
       (b) Effective Date.--The amendment made by this section 
     shall apply to requests for information made after the date 
     of the enactment of this Act.

     SEC. 802. DISCLOSURE OF INFORMATION BY HUD TO PUBLIC HOUSING 
                   AGENCIES.

       (a) In General.--Paragraph (7) of section 6103(l) of the 
     Internal Revenue Code of 1986 (relating to confidentiality 
     and disclosure of returns and return information) is amended 
     by adding at the end the following new subparagraph:
       ``(E) Return information from department of housing and 
     urban development.--
       ``(i) In General.--The Secretary of Housing and Urban 
     Development may, upon written request by any public housing 
     agency administering a program described in subparagraph 
     (D)(ix), disclose return information from returns which have 
     been disclosed to the Department of Housing and Urban 
     Development under this paragraph to such public housing 
     agency.
       ``(ii) Restriction on disclosure.--The Secretary of Housing 
     and Urban Development shall disclose return information under 
     this subparagraph only for purposes of, and to the extent 
     necessary in, determining eligibility for, or the correct 
     amount of, benefits under a program referred to in 
     subparagraph (D)(ix).
       ``(iii) Public housing agency.--For purposes of this 
     paragraph, the term `public housing agency' has the meaning 
     given such term by section 3(b) of the United States Housing 
     Act of 1937.''
       (b) Repeal of Termination Regarding Housing Assistance 
     Programs.--Subparagraph (D) of section 6103(l)(7) of such 
     Code is amended by striking the last sentence.
       (c) Conforming Amendment.--Clause (ix) of section 
     6103(l)(7)(D) of such Code is amended--
       (1) by inserting ``(or, for purposes of subparagraph (E), 
     by a public housing agency)'' after ``Secretary of Housing 
     and Urban Development'', and
       (2) by inserting ``or a public housing agency'' after 
     ``Department of Housing and Urban Development'' the second 
     place that it appears.
       (d) Effective Date.--The amendments made by this section 
     shall apply to requests for information made after the date 
     of the enactment of this Act.

     SEC. 803. CONSENT TO DISCLOSE INFORMATION AND PROTECTIONS 
                   AGAINST IMPROPER USE OF INFORMATION

       Section 904 of the Stewart B. McKinney Homeless Assistance 
     Amendments Act of 1988 (42 U.S.C. 3544) is amended--
       (1) in subsection (b)(3)--
       (A) by inserting after ``participant'' the following: ``, 
     and authorizing the Secretary to release information pursuant 
     to section 6103(l)(7)(E) of such Act with respect to such 
     applicant or participant,''; and
       (B) by inserting ``or public housing agency (as 
     applicable)'' before ``verifying''; and
       (2) in subsection (c)--
       (A) in paragraph (2)(A), in the matter preceding clause 
     (i)--
       (i) by striking ``section 6103(l)(7)(D)(ix)'' and inserting 
     ``subparagraph (D)(ix) or (E) of section 6103(l)(7)'';
       (ii) by striking ``or the Secretary of the Treasury'' and 
     inserting ``, the Secretary of the Treasury, or the Secretary 
     of Housing and Urban Development''; and
       (iii) by inserting ``or section 6103(l)(7)(E)'' after 
     ``such section 303(i)''; and
       (B) in paragraph (3), by striking ``section 
     6103(l)(7)(D)(ix)'' each place it appears and inserting 
     ``subparagraph (D)(ix) or (E) of section 6103(l)(7)''.

                   Offered by: Mr. Moran of Virginia

       Amendment No. 36: Page 99, after line 11, insert the 
     following new subsection:
       (e) Optional Time Limitation on Occupancy by Families 
     Receiving Welfare Assistance for PHA's With Waiting Lists of 
     1 Year or Longer.--
       (1) 5-year limitation.--A public housing agency described 
     in paragraph (2) may, at the option of the agency and on an 
     agency-wide basis, limit the duration of occupancy in a 
     public housing dwelling unit of each family that includes an 
     individual who, as an adult, receives assistance under any 
     welfare program (or programs) for 60 consecutive months 
     occurring after the effective date of this Act, to such 60 
     consecutive months.
       (2) Applicability only to pha's with waiting lists of 1 
     year or longer.--A public housing agency described in this 
     paragraph is an agency that, upon the conclusion of the 60-
     month period referred to in paragraph (1) for any family, has 
     a waiting list for occupancy in public housing dwelling units 
     that contains a sufficient number of families such that the 
     last family on such lists who will be provided a public 
     housing dwelling unit will be provided the unit 1 year or 
     more from such date (based on the turnover rate for public 
     housing dwelling units of the agency).
       (3) Treatment of temporary stoppage of assistance.--For 
     purposes of paragraph (1), nonconsecutive months in which an 
     individual receives assistance under a welfare program shall 
     be treated as being consecutive if such months are separated 
     by a period of 6 months or less during which the individual 
     does not receive such assistance.
       (4) Exceptions for working, elderly, and disabled 
     families.--The provisions of paragraph (1) shall not apply 
     to--
       (A) any family that contains an adult member who, during 
     the 60-month period referred to in such paragraph, obtains 
     employment; except that, if at any time during the 12-month 
     period beginning upon the commencement of such employment, 
     the family does not contain an adult member who has 
     employment, the provisions of paragraph (1) shall apply and 
     the nonconsecutive months during which the family did not 
     contain an employed member shall be treated for purposes of 
     such paragraph as being consecutive;
       (B) any elderly family; or
       (C) any disabled family.
       (5) Preferences for families moving to find employment.--A 
     public housing agency may, in establishing preferences under 
     section 321(d), provide a preference for any family that--
       (A) occupied a public housing dwelling unit owned or 
     operated by a different public housing agency, but was 
     limited in the duration of such occupancy by reason of 
     paragraph (1) of this subsection; and
       (B) is determined by the agency to have moved to the 
     jurisdiction of the agency to obtain employment.

[[Page H2094]]

       (6) Definitions.--For purposes of this subsection, the 
     following definitions shall apply:
       (A) Welfare program.--The term ``welfare program'' means a 
     program for aid or assistance under a State program funded 
     under part A of title IV of the Social Security Act (as in 
     effect before or after the effective date of the amendments 
     made by section 103(a) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996).
       (B) Employment.--The term ``employment'' means employment 
     in a position that--
       (i) is not a job training or work program required under a 
     welfare program; and
       (ii) involves an average of 20 or more hours of work per 
     week.

                                 H.R. 2

                   Offered By: Mr. Smith of Michigan

       Amendment No. 37: Page 16, line 2, strike ``counseling'' 
     and all that follows through ``(F)'' on line 9, and insert 
     the following:

     other programs and services as determined by the public 
     housing agency, and (D)

                   Offered By: Mr. Smith of Michigan

       Amendment No. 38: Page 43, line 19 strike ``of any'' and 
     all that follows through line 19, and insert the following:

     of--
       (A) any homeownership programs of the agency under subtitle 
     D of title II or section 329 for the agency;
       (B) the requirements and assistance available under the 
     programs described pursuant to subparagraph (A); and
       (C) the annual goals of the agency for additional 
     availability of homeownership units.

                   Offered By: Mr. Smith of Michigan

       Amendment No. 39: Page 56, strike lines 14 through 18, and 
     insert the following:
       Pet ownership policy shall be established by the public 
     housing agency. When establishing such policy, the public 
     housing agency shall consider the positive effects of pet 
     ownership.

                   Offered By: Mr. Smith of Michigan

       Amendment No. 40: Page 294, strike line 5 and all that 
     follows through page 297, line 4.

                   Offered By: Mr. Smith of Michigan

       Amendment No. 41: Page 294, strike line 6 and all that 
     follows through page 297, line 4, and insert the following:
       Section 227 of the Housing and Urban-Rural Recovery Act of 
     1983 (12 U.S.C. 1701r--1) is hereby repealed.

                                 H.R. 2

                       Offered By: Mr. Traficant

       Amendment No. 42: Page 331, strike lines 11 through 15 and 
     insert the following:

     SEC. 705. ASSISTANCE UNDER HOUSING AND COMMUNITY DEVELOPMENT 
                   ACT OF 1974.

       The Housing and Community Development Act of 1974 is 
     amended--
       (1) in section 108(q)(4) (42 U.S.C. 5308(q)(4))--
       (A) by striking ``and'' after the semicolon in subparagraph 
     (C);
       (B) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (C) by inserting after subparagraph (C) the following:
       ``(D) when applicable as determined by the Secretary, the 
     extent of regional cooperation demonstrated by the proposed 
     plan; and''; and
       (2) in section 105 (42 U.S.C. 5305), by adding at the end 
     the following new subsection:

                                 H.R. 2

                       Offered By: Ms. Velazquez

       Amendment No. 43: Page 104, lines 12 and 13, strike ``not 
     less than $25 nor more than $50'' and insert ``not more than 
     $25''.
       Page 105, line 6, before the period insert ``or the 
     Secretary''.

                                 H.R. 2

                       Offered By: Ms. Velazquez

       Amendment No. 44: Page 193, strike lines 4 and 5 and insert 
     the following:
       (B) shall be not more than $25; and
       Page 194, line 3, before the period insert ``or the 
     Secretary''.

                                H.R. 867

             Offered By: Ms. Eddie Bernice Johnson of Texas

       Amendment No. 7: At the end of section 12(b), add the 
     following:
       (7) Assistance in establishing outreach programs to help 
     States better identify and recruit minority families to adopt 
     children.