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[Journal of the House of Representatives, 1995]
[Tuesday, October 24, 1995 (133), Para 133.8 Senior Citizens Housing Safety]
[Pages 1572-1573]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.133.8  senior citizens housing safety

  The Committee of the Whole House on the state of the Union was 
discharged from further consideration of the bill (H.R. 117) to amend 
the United States Housing Act of 1937 to prevent persons having drug or 
alcohol use problems from occupying dwelling units in public housing 
projects designated for occupancy by elderly families, and for other 
purposes.
  When said bill was considered and read twice.
  The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 4 of rule XIII, 
recognized Mr. LEACH and Mr. KENNEDY of Massachusetts, each for 30 
minutes.
  The following amendment in the nature of a substitute recommended by 
the Committee on Banking and Financial Services, was submitted:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Senior Citizens Housing Safety 
     and Economic Relief Act of 1995''.

     SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO PROHIBIT 
                   ADMISSION OF DRUG OR ALCOHOL ABUSES TO ASSISTED 
                   HOUSING.

       Section 16 of the United States Housing Act of 1937 (42 
     U.S.C. 1437n) is amended--
       (1) in the section heading by striking ``income''; and
       (2) by adding at the end the following new subsection:
       ``(e) Authority To Limit Admission of Drug or Alcohol 
     Abusers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a public housing agency may establish standards for 
     occupancy in public housing dwelling units and assistance 
     under section 8, that prohibit admission to such units and 
     assistance under such section by any individual--
       ``(A) who currently illegally uses a controlled substance; 
     or
       ``(B) whose history of illegal use of a controlled 
     substance or use of alcohol, or current use of alcohol, 
     provides reasonable cause for the agency to believe that the 
     occupancy by such individual may interfere with the health, 
     safety, or right to peaceful enjoyment of the premises by 
     other residents.
       ``(2) Consideration of rehabilitation.--In determining 
     whether, pursuant to paragraph (1), to deny admission or 
     assistance to any elderly person based on a history of use of 
     a controlled substance or alcohol, a public housing agency 
     may consider whether such elderly person--
       ``(A) has successfully completed a supervised drug or 
     alcohol rehabilitation program (as applicable) and is no 
     longer engaging in the illegal use of a controlled substance 
     or use of alcohol (as applicable);
       ``(B) has otherwise been rehabilitated successfully and is 
     no longer engaging in the illegal use of a controlled 
     substance or use of alcohol (as applicable); or
       ``(C) is participating in a supervised drug or alcohol 
     rehabilitation program (as applicable) and is no longer 
     engaging in the illegal use of a controlled substance or use 
     of alcohol (as applicable).''.

     SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DISABLED FAMILIES.

       (a) In General.--Section 7 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437e) is amended to read as follows:

         ``designated housing for elderly and disabled families

       ``Sec. 7. (a) Authority To Provide Designated housing.--
       ``(1) In general.--Subject only to provisions of this 
     section and notwithstanding any other provision of law, a 
     public housing agency for which a plan under subsection (d) 
     is in effect may provide public housing projects (or portions 
     of projects) designated for occupancy by (A) only elderly 
     families, (B) only disabled families, or (C) elderly and 
     disabled families.
       ``(2) Priority for occupancy.--In determining priority for 
     admission to public housing projects (or portions of 
     projects) that are designated for occupancy as provided in 
     paragraph (1), the public housing agency may make units in 
     such projects (or portions) available only to the types of 
     families for whom the project is designated.
       ``(3) Eligibility of near-elderly families.--If a public 
     housing agency determines that there are insufficient numbers 
     of elderly families to fill all the units in a project (or 
     portion of a project) designated under paragraph (1) for 
     occupancy by only elderly families, the agency may provide 
     that near-elderly families may occupy dwelling units in the 
     project (or portion).
       ``(4) Limitation on occupancy in projects for elderly 
     families.--
       ``(A) In general.--Subject only to the provisions of 
     subsection (b) and notwithstanding any other provision of 
     law, a dwelling unit in a project (or portion of a project) 
     that is designated under paragraph (1) for occupancy by only 
     elderly families or by only elderly and disabled families 
     shall not be occupied by any individual who is not an elderly 
     person and--
       ``(i) who currently illegally uses a controlled substance; 
     or
       ``(ii) whose history of illegal use of a controlled 
     substance or use of alcohol, or current use of alcohol, 
     provides reasonable cause for the agency to believe that the 
     occupancy by such individual may interfere with the health, 
     safety, or right to peaceful enjoyment of the premises by 
     other tenants.
       ``(B) Consideration of rehabilitation.--In determining 
     whether, pursuant to subparagraph (A), to deny occupancy to 
     any individual based on a history of use of a controlled 
     substance or alcohol, a public housing agency may consider 
     the factors under section 16(e)(2).
       ``(b) Standards Regarding Evictions.--
       ``(1) Limitation.--Except as provided in paragraph (2), any 
     tenant who is lawfully residing in a dwelling unit in a 
     public housing project may not be evicted or otherwise 
     required to vacate such unit because of the designation of 
     the project (or portion of a project) pursuant to this 
     section or because of any action taken by the Secretary or 
     any public housing agency pursuant to this section.
       ``(2) Requirement to evict nonelderly tenants in housing 
     designated for elderly families who have current drug or 
     alcohol abuse problems.--The public housing agency 
     administering a project (or portion of a project) described 
     in subsection (a)(4)(A) shall evict any individual who 
     occupies a dwelling unit in such a project and who currently 
     illegally uses a controlled substance or whose current use of 
     alcohol provides a reasonable cause for the agency to believe 
     that the occupancy by such individual may interfere with the 
     health, safety, or right to peaceful enjoyment of the 
     premises by other residents. This paragraph may not be 
     construed to require a public housing agency to evict any 
     other individual who occupies the same dwelling unit as the 
     individual required to be evicted.
       ``(c) Relocation Assistance.--A public housing agency that 
     designates any existing project or building, or portion 
     thereof, for occupancy as provided under subsection (a) shall 
     provide, to each person and family relocated in connection 
     with such designation--
       ``(1) notice of the designation and relocation, as soon as 
     is practicable for the agency and the person or family;
       ``(2) comparable housing (including appropriate services 
     and design features), which may include tenant-based rental 
     assistance under section 8, at a rental rate that is 
     comparable to that applicable to the unit from which the 
     person or family has vacated; and

[[Page 1573]]

       ``(3) payment of actual, reasonable moving expenses.
       ``(d) Required Plan.--A plan under this subsection for 
     designating a project (or portion of a project) for occupancy 
     under subsection (a)(1) is a plan, prepared by the public 
     housing agency for the project and submitted to the 
     Secretary, that--
       ``(1) establishes that the designation of the project is 
     necessary--
       ``(A) to achieve the housing goals for the jurisdiction 
     under the comprehensive housing affordability strategy under 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act; and
       ``(B) to meet the housing needs of the low-income 
     population of the jurisdiction; and
       ``(2) includes a description of--
       ``(A) the project (or portion of a project) to be 
     designated;
       ``(B) the types of tenants for which the project is to be 
     designated;
       ``(C) any supportive services to be provided to tenants of 
     the designated project (or portion);
       ``(D) how the agency will secure any additional resources 
     or housing assistance that is necessary to provide assistance 
     to nonelderly disabled families that would have been housed 
     if occupancy in project were not restricted pursuant to this 
     section; and
       ``(E) how the design and related facilities (as such term 
     is defined in section 202(d)(8) of the Housing Act of 1959) 
     of the project accommodate the special environmental needs of 
     the intended occupants.

     For purposes of this subsection, the term `supportive 
     services' means services designed to meet the special needs 
     of residents.
       ``(e) Review of Plans.--
       ``(1) Review and notification.--The Secretary shall conduct 
     a limited review of each plan under subsection (d) that is 
     submitted to the Secretary to ensure that the plan is 
     complete and complies with the requirements of subsection 
     (d). The Secretary shall notify each public housing agency 
     submitting a plan whether the plan complies with such 
     requirements not later than 60 days after receiving the plan. 
     If the Secretary does not notify the public housing agency, 
     as required under this paragraph or paragraph (2), the plan 
     shall be considered, for purposes of this section, to comply 
     with the requirements under subsection (d) and the Secretary 
     shall be considered to have notified the agency of such 
     compliance upon the expiration of such 60-day period.
       ``(2) Notice of reasons for determination of 
     noncompliance.--If the Secretary determines that a plan, as 
     submitted, does not comply with the requirements under 
     subsection (d), the Secretary shall specify in the notice 
     under paragraph (1) the reasons for the noncompliance and any 
     modifications necessary for the plan to meet such 
     requirements.
       ``(3) Standards for determination of noncompliance.--The 
     Secretary may determine that a plan does not comply with the 
     requirements under subsection (d) only if--
       ``(A) the plan is incomplete in significant matters 
     required under such subsection; or
       ``(B) there is evidence available to the Secretary that 
     challenges, in a substantial manner, any information provided 
     in the plan.
       ``(4) Treatment of existing plans.--Notwithstanding any 
     other provision of this section, a public housing agency 
     shall be considered to have submitted a plan under this 
     subsection if the agency has submitted to the Secretary an 
     application and allocation plan under this section (as in 
     effect before the date of the enactment of the Senior 
     Citizens Housing Safety and Economic Relief Act of 1995) that 
     have not been approved or disapproved before such date of 
     enactment.
       ``(f) Effectiveness.--
       ``(1) 5-year effectiveness of plan.--A plan under 
     subsection (d) shall be in effect for purposes of this 
     section only during the 5-year period that begins upon 
     notification under subsection (e)(1) of the public housing 
     agency that the plan complies with the requirements under 
     subsection (d). An agency may extend the effectiveness of the 
     designation and plan for an additional 2-year period 
     beginning upon the expiration of such period (or the 
     expiration of any previous extension period under this 
     sentence) by submitting to the Secretary any information 
     needed to update such plan.
       ``(2) Savings provision.--Any application and allocation 
     plan approved under this section (as in effect before the 
     date of the enactment of the Senior Citizens Housing Safety 
     and Economic Relief Act of 1995) before such date of 
     enactment shall be considered to be a plan under subsection 
     (d) that is in effect for purposes of this section for the 5-
     year period beginning upon such approval.
       ``(g) Inapplicability of Uniform Relocation Assistance and 
     Real Property Acquisitions Policy Act of 1970.--No tenant of 
     a public housing project shall be considered to be displaced 
     for purposes of the Uniform Relocation Assistance and Real 
     Property Acquisitions Policy Act of 1970 because of the 
     designation of any existing project or building, or portion 
     thereof, for occupancy as provided under subsection (a) of 
     this section.
       ``(h) Inapplicability to Indian Housing.--The provisions of 
     this section shall not apply with respect to low-income 
     housing developed or operated pursuant to a contract between 
     the Secretary and an Indian housing authority.''.
       (b) Lease Provisions.--Section 6(1) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended--
       (1) by redesignating paragraph (6) as paragraph (7); and
       (2) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) provide that any occupancy in violation of the 
     provisions of section 7(a)(4) shall be cause for termination 
     of tenancy; and''.

     SEC. 4. STANDARDS FOR ASSISTED HOUSING LEASE TERMINATION AND 
                   EXPEDITED GRIEVANCE PROCEDURE.

       (a) Public Housing Agency Grievance Procedure.--Section 
     6(k) of the United States Housing Act of 1937 (42 U.S.C. 
     1437d(k)) is amended, in the first sentence of the matter 
     following paragraph (6), by striking ``criminal'' the first 
     place it appears and all that follows through ``such 
     premises'' and inserting ``activity described in subsection 
     (l)(5) of this section or section 8(d)(1)(B)(iii)''.
       (b) Public Housing Leases.--Section 6(l) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437d(l) is amended by 
     striking paragraphs (4) and (5) and inserting the following 
     new paragraphs:
       ``(4) require that the public housing agency may not 
     terminate the tenancy except for violation of the terms or 
     conditions of the lease, violation of applicable Federal, 
     State, or local law, or for other good cause;
       ``(5) provide that the public housing agency may terminate 
     the tenancy of a public housing resident for any activity, 
     engaged in by the resident, any member of the resident's 
     household, or any guest or other person under the resident's 
     control, that--
       ``(A) threatens the health or safety of, or right to 
     peaceful enjoyment of the premises by, other residents or 
     employees of the public housing agency or other manager of 
     the housing;
       ``(B) threatens the health or safety of, or right to 
     peaceful enjoyment of their premises by, persons residing in 
     the immediate vicinity of the premises; or
       ``(C) is criminal activity (including drug-related criminal 
     activity);''.
       (c) Section 8 Housing Leases.--Section 8(d)(1)(B) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) 
     is amended by striking clause (ii) and (iii) and insert the 
     following new clauses:
       ``(ii) the owner shall not terminate the tenancy except for 
     violation of the terms and conditions of the lease, violation 
     of applicable Federal, State, or local law, or other good 
     cause;
       ``(iii) the owner may terminate the tenancy of the tenant 
     of a unit for any activity, engaged in by the tenant, any 
     member of the tenant's household, or any guest or other 
     person under the tenant's control, that--
       ``(I) threatens the health or safety of, or right to 
     peaceful enjoyment of the premises by, other tenants or 
     employees of the owner or manager of the housing;
       ``(II) threatens the health or safety of, or right to 
     peaceful enjoyment of their residences by, persons residing 
     in the immediate vicinity of the premises; or
       ``(III) is criminal activity (including drug-related 
     criminal activity); and''.

     SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PROGRAM FOR HOME 
                   EQUITY CONVERSION MORTGAGES.

       (a) Extension of Program.--The first sentence of section 
     255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (b) Limitation on Number of Mortgages.--The second sentence 
     of section 255(g) of the National Housing Act (12 U.S.C. 
     1715z-20(g)) is amended by striking ``25,000'' and inserting 
     ``50,000''.
       (c) Eligible Mortgages.--Section 255(d)(3) of the National 
     Housing Act (12 U.S.C. 1715z-20(d)(3)) is amended to read as 
     follows:
       ``(3) be secured by a dwelling that is designed principally 
     for a 1- to 4-family residence in which the mortgagor 
     occupies 1 of the units;''.

  After debate,
  Pursuant to clause 4 of rule XIII, the previous question on the 
committee amendment and the bill was considered as ordered.
  The question being put, viva voce,
  Will the House agree to said committee amendment?
  The SPEAKER pro tempore, Mr. FOLEY, announced that the yeas had it.
  So the committee amendment in the nature of a substitute was agreed 
to.
  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. FOLEY, announced that three-fifths of the 
Members present had voted in the affirmative.
  Mr. BLUTE demanded that the vote be taken by the yeas and nays, which 
demand was supported by one-fifth of the Members present, so the yeas 
and nays were ordered.
  The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5(b), rule I, 
announced that the vote would be postponed until later today.
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