[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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