[Congressional Record Volume 152, Number 75 (Tuesday, June 13, 2006)]
[House]
[Pages H3808-H3809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXEMPTING PERSONS WITH DISABILITIES FROM SECTION 8 RENTAL ASSISTANCE
PROHIBITION
Ms. PRYCE of Ohio. Mr. Speaker, I move that the House suspend the
rules and pass the bill H.R. 5117, as amended.
The Clerk read as follows:
H.R. 5117
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXEMPTION OF PERSONS WITH DISABILITIES FROM
SECTION 8 RENTAL ASSISTANCE PROHIBITION.
Subsection (a) of section 327 of Public Law 109-115 (119
Stat. 2466) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
and''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Ohio (Ms. Pryce) and the gentlewoman from California (Ms. Waters) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Ohio.
Ms. PRYCE of Ohio. Mr. Speaker, I yield myself such time as I might
consume. The story of this bill begins 4 months ago when I first heard
that disabled students, many of whom rely on section 8 housing
assistance, were at risk of losing support they depend on to go to
school in and around Columbus, Ohio.
Marilyn Frank, the executive director of Creative Living, an
organization in Columbus that provides a home for the severely
disabled, told me that she feared a new law aimed at eliminating abuses
in the section 8 program had the potential to hurt some of our most
vulnerable citizens. Many of these residents would be unable to pursue
their dreams of higher education without the support of Creative Living
and the funding of the section 8 program.
H.R. 5117 gives us the opportunity to right a wrong. We can give
these students the peace of mind that they can continue their education
without fear that they will lose the housing on which they depend.
Now, the story behind the story begins more than a year ago. Media
reports in Iowa and elsewhere questioned the integrity of section 8. It
became clear that students, some student athletes, many from well-to-do
families, were residing in subsidized housing created for low-income
Americans. The images from these reports were patently offensive. While
some families struggled to make financial ends meet to stay in the
section 8 residences, a group of college football players lived in low-
income housing, rent free and spent their $500 per week stipend at the
mall on video games.
Congress responded quickly to close these loopholes and tightened the
eligibility requirements for students who wish to reside in federally
subsidized housing.
Unfortunately, that fix overlooked the disabled. This bill simply
exempts disabled students who were receiving section 8 from these new
requirements, thus grandfathering in disabled students who are
currently going to school and receiving this assistance. The list of
exempt individuals also currently includes veterans, married
individuals, and those with dependent children.
The bill we are considering today ensures that disabled students who
desperately are dependent upon section 8 to pursue their education will
not be unfairly shut out of the rental assistance program.
I would like to thank my fellow Ohioans, Chairman Oxley and
Congressman Ney, Chairman Hobson and Congressman Tiberi, for helping
move this bill quickly to the floor. Mr. Leach and Ranking Member Frank
from Massachusetts also deserve a great deal of thanks.
But our fight is not done. Unfortunately, because of some CBO scoring
issues, the bill before us today is not
[[Page H3809]]
the broad fix to the section 8 program I had originally sought. And
subsidized housing facilities like Creative Living cannot accept new
students under the section 8 program until a more permanent solution is
enacted by this body.
{time} 1315
To that end I will continue to work to ensure that facilities like
this can continue to house students with disabilities in the future and
allow them to pursue their dreams.
Mr. Speaker, I reserve the balance of my time.
Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, first of all, I would like to thank the gentlewoman from
Ohio, Ms. Pryce; the gentlemen from Ohio, Mr. Tiberi and Mr. Hobson;
and the distinguished chairman of the Subcommittee on Housing and
Community Opportunity, from Ohio, Mr. Ney; as well as the ranking
member, Mr. Barney Frank; and Chairman Oxley for their work on this
measure. The full Committee on Financial Services reported it out
unanimously by voice vote on May 24 of this year. As indicated by my
colleague Ms. Pryce, this bill corrects an unintended consequence of a
provision added to the HUD appropriations bill last year that sought to
close a loophole in the Section 8 program allowing student athletes and
other non-needy students access to subsidized housing.
The fiscal year 2006 Transportation, Treasury, HUD, Judiciary and
D.C. Appropriations conference report, codified as Public Law 109-115,
included a provision that effectively counted the income of parents
when determining whether students under the age of 24 are eligible to
receive Section 8 assistance. That provision does not apply to veterans
or to students who are married or have children. This bill, H.R. 5117,
would additionally exempt students with disabilities from this
treatment.
Mr. Speaker, the same appropriations bill included language intended
to close the loophole in the Section 8 program which allowed student
athletes and other non-needy students access to Section 8 housing
intended for low-income persons. While this was not the intention of
the appropriators, it created a potential hardship for the disabled
community. However, the final rule issued by HUD in response to Public
Law 109-115 has the potential to disqualify from Section 8 eligibility
those severely disabled individuals under the age of 24 who are
enrolled in an institution of higher learning.
H.R. 5117 is prescriptive, Mr. Speaker. It merely adds persons with
disabilities to the list of exempt individuals. Of course, the disabled
can least afford additional burdens and, therefore, anything that we
can do to lessen their burden is well worth it. The final rule issued
by HUD included this prohibition, and the sooner it is lifted, we will
be able to return a sense of fairness to the Section 8 program,
particularly where disabled students are concerned.
So I would urge my colleagues to support the passage of H.R. 5117.
And let me just say that this bill is typical of the kind of work
that is getting done on our committee. We have tremendous cooperation
from both sides of the aisle to do good work relative to making sure
that not only rental opportunities are available to those who need it,
but we are doing wonderful work in this committee on home ownership
issues. What better month to be able to correct this problem in law
than the month of June. This is National home ownership Month, and I
think that our committee has certainly recognized this. And while we
make this correction, we are working on a lot of other bills.
I am so proud of the work that we are all doing on FHA to bring it up
to date and make sure that our opportunities are available for the
least of these. I am so proud of the work that we are going to mark up
on voucher reform. I am very pleased about the idea that many of us are
getting together to try to hold on to HOPE VI.
So in this National home ownership Month, today we stand to send a
signal not only to the disabled but to those who somehow get
overlooked, forgotten, that we really are on point.
Mr. Speaker, again, let me just thank my colleagues on the committee
on both sides of the aisle for the work that we are doing. I thank them
today for 5117, for all of the other work that we are doing, and I
would say that many others in this House can look at the work that this
committee is producing and be proud and perhaps even use it as an
example.
And so, Mr. Speaker, I urge passage at this time.
Mr. Speaker, I yield back the balance of my time.
Ms. PRYCE of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
I just want to say this is a great victory today. We are ensuring
that these students do not have to put away their textbooks or even
hang up their lab coats because of something that we did when we
thought we were correcting a problem. There are enough challenges put
in front of individuals with severe disabilities, and worrying about a
place to call home while they attend college should not be one of them.
I also appreciate the bipartisan effort on this bill and so many
other pieces of legislation that moved through our committee.
And thank you, Ms. Waters, for joining me in this effort.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Ohio (Ms. Pryce) that the House suspend the rules and
pass the bill, H.R. 5117, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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