I

104TH CONGRESS

2D SESSION H. R. 2885

To amend section 214 of the Housing and Community Development Act

of 1980 to limit the use of federally assisted housing by aliens.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1996

Mr. GALLEGLY introduced the following bill; which was referred to the

Committee on Banking and Financial Services

A BILL

To amend section 214 of the Housing and Community Development Act of 1980 to limit the use of federally assisted

housing by aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Use of Assisted Hous5 ing by Aliens Act of 1995’’.

6 SEC. 2. ACTIONS IN CASES OF TERMINATION OF FINANCIAL

7 ASSISTANCE.

8 (a) IN GENERAL.—Section 214(c)(1) of the Housing

9 and Community Development Act of 1980 (42 U.S.C.

10 1436a(c)) is amended—
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1 (1) in the matter preceding subparagraph (A),

2 by striking ‘‘may, in its discretion,’’ and inserting

3 ‘‘shall’’;

4 (2) in subparagraph (A), by inserting after the

5 period at the end the following new sentence: ‘‘Fi6 nancial assistance continued under this subpara7 graph for a family may be provided only on a pro8 rated basis under which the amount of financial as9 sistance is based on the percentage of the total num10 ber of members of the family that are eligible for

11 such assistance under the program for financial as12 sistance and this section.’’; and

13 (3) in subparagraph (B), by striking ‘‘6-month

14 period’’ and all that follows through ‘‘affordable

15 housing’’ and inserting ‘‘single 3-month period’’.

16 (b) SCOPE OF APPLICATION.—The amendment made

17 by subsection (a)(3) shall apply to any deferral granted

18 under section 214(c)(1)(B) of the Housing and Commu19 nity Development Act of 1980 on or after the date of the

20 enactment of this Act, including any renewal of any defer21 ral initially granted before such date of enactment, except

22 that a public housing agency or other entity referred to

23 in such section 214(c)(1)(B) may not renew, after such

24 date of enactment, any deferral which was granted under
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1 such section before such date and has been effective for

2 at least 3 months on and after such date.

3 SEC. 3. VERIFICATION OF IMMIGRATION STATUS AND ELI4 GIBILITY FOR FINANCIAL ASSISTANCE.

5 Section 214(d) of the Housing and Community De6 velopment Act of 1980 is amended—

7 (1) in the matter preceding paragraph (1), by

8 inserting ‘‘or to be’’ after ‘‘being’’;

9 (2) in paragraph (1)(A), by inserting at the end

10 the following new sentences: ‘‘If the declaration

11 states that the individual is not a citizen or national

12 of the United States, the declaration shall be verified

13 by the Immigration and Naturalization Service. If

14 the declaration states that the individual is a citizen

15 or national of the United States, the Secretary may

16 request verification of the declaration by requiring

17 presentation of documentation the Secretary consid18 ers appropriate, including a social security card, cer19 tificate of birth, driver’s license, or other documenta20 tion.’’;

21 (3) in paragraph (2)—

22 (A) in the matter preceding subparagraph

23 (A), by striking ‘‘on the date of the enactment

24 of the Housing and Community Development
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1 Act of 1987’’ and inserting ‘‘or applying for fi2 nancial assistance’’; and

3 (B) by inserting at the end the following

4 new sentence:

5 ‘‘In the case of an individual applying for financial

6 assistance, the Secretary may not provide such as7 sistance for the benefit of the individual before such

8 documentation is presented and verified under para9 graph (3) or (4).’’;

10 (4) in paragraph (4)—

11 (A) in the matter preceding subparagraph

12 (A), by striking ‘‘on the date of the enactment

13 of the Housing and Community Development

14 Act of 1987’’ and inserting ‘‘or applying for fi15 nancial assistance’’;

16 (B) in subparagraph (A)—

17 (i) in clause (i)—

18 (I) by inserting ‘‘, not to exceed

19 30 days,’’ after ‘‘reasonable oppor20 tunity’’; and

21 (II) by striking ‘‘and’’ at the end;

22 and

23 (ii) by striking clause (ii) and insert24 ing the following new clauses:
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1 ‘‘(ii) in the case of any individual who

2 is already receiving assistance, may not

3 delay, deny, reduce, or terminate the indi4 vidual’s eligibility for financial assistance

5 on the basis of the individual’s immigra6 tion status until such 30-day period has

7 expired, and

8 ‘‘(iii) in the case of any individual who

9 is applying for financial assistance, may

10 not deny the application for such assist11 ance on the basis of the individual’s immi12 gration status until such 30-day period has

13 expired; and’’;

14 (C) in subparagraph (B), by striking

15 clause (ii) and inserting the following new

16 clause:

17 ‘‘(ii) pending such verification or ap18 peal, the Secretary may not—

19 ‘‘(I) in the case of any individual

20 who is already receiving assistance,

21 delay, deny, reduce, or terminate the

22 individual’s eligibility for financial as23 sistance on the basis of the individ24 ual’s immigration status, and
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1 ‘‘(II) in the case of any individ2 ual who is applying for financial as3 sistance, deny the application for such

4 assistance on the basis of the individ5 ual’s immigration status, and’’;

6 (5) in paragraph (5), by striking all that follows

7 ‘‘satisfactory immigration status’’ and inserting the

8 following: ‘‘, the Secretary shall—

9 ‘‘(A) deny the individual’s application for

10 financial assistance or terminate the individ11 ual’s eligibility for financial assistance, as the

12 case may be; and

13 ‘‘(B) provide the individual with written

14 notice of the determination under this para15 graph.’’; and

16 (6) by striking paragraph (6) and inserting the

17 following new paragraph:

18 ‘‘(6) The Secretary shall terminate the eligi19 bility for financial assistance of an individual, for a

20 period of not less than 24 months, upon determining

21 that such individual has knowingly permitted an22 other individual who is not eligible for such assist23 ance to use the assistance (including residence in the

24 unit assisted).’’.
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1 SEC. 4. PROHIBITION OF SANCTIONS AGAINST ENTITIES

2 MAKING FINANCIAL ASSISTANCE ELIGI3 BILITY DETERMINATIONS.

4 Section 214(e)(4) of the Housing and Community

5 Development Act of 1980 is amended—

6 (1) in paragraph (2), by inserting ‘‘or’’ at the

7 end;

8 (2) in paragraph (3), by striking ‘‘, or’’ at the

9 end and inserting a period; and

10 (3) by striking paragraph (4).

11 SEC. 5. SUSPENSION OF IMPLEMENTATION OF REGULA12 TIONS.

13 Notwithstanding any other provision of law, the regu14 lations relating to restrictions on assistance to noncitizens,

15 contained in the final rule issued by the Secretary of

16 Housing and Urban Development in RIN 2501–AA63

17 (Docket No. R–95–1409; FR–2383–F–050), published in

18 the Federal Register of March 20, 1995 (Vol. 60., No.

19 53; pp. 14824–14861), shall not apply on or after April

20 1, 1996, and the Secretary of Housing and Urban Devel21 opment may not issue, implement, or enforce any regula22 tion or guideline that is effective on or after such date

23 that is substantially based upon such regulations unless

24 such regulation or guideline is consistent with the provi-
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1 sions of section 214 of the Housing and Community De2 velopment Act of 1980, as amended by this Act.

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