< Back to H.R. 4254 (103rd Congress, 1993–1994)

Text of the Public and Federally Assisted Housing Security Act of 1994

This bill was introduced on April 19, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 19, 1994 (Introduced).

Source: GPO

HR 4254 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).’.