HOUSE OF REPRESENTATIVES

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1995 T133.9

‘‘(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 lowincome 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 drugrelated 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 drugrelated 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.

T133.9 PAPER BALERS

The Committee of the Whole House

on the state of the Union was discharged from further consideration of

the bill (H.R. 1114) to authorize minors

who are under the child labor provisions of the Fair Labor Standards Act

of 1938 and who are under 18 years of
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T133.10 OCTOBER 24

age to load materials into balers and

compacters that meet appropriate

American National Standards Institute

design safety standards.

When said bill was considered and

read twice.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 4 of rule

XIII, recognized Mr. GOODLING and

Mr. OWENS, each for 30 minutes.

Mr. GOODLING submitted the following amendment in the nature of a

substitute in lieu of the amendment

recommended by the Committee on

Economic and Educational Opportunities:

Strike all after the enacting clause and insert the following:

SECTION 1. AUTHORITY FOR 16 AND 17 YEAR

OLDS TO LOAD MATERIALS INTO

SCRAP PAPER BALERS AND PAPER

BOX COMPACTORS.

(a) GENERAL RULE.—In the administration

and enforcement of the child labor provisions

of the Fair Labor Standards Act of 1938, employees who are 16 and 17 years of age shall

be permitted to load materials, but not operate or unload materials, into scrap paper

balers and paper box compactors—

(1) that are safe for 16 and 17 year old employees loading the scrap paper balers or

paper box compactors, and

(2) that cannot operate while being loaded.

(b) DEFINITION.—For purposes of subsection

(a), scrap paper balers and paper box compactors shall be considered safe for 16 or 17 year

old employees to load only if—

(1) such scrap paper balers and paper box

compactors are in compliance with the current safety standard established by the

American National Standards Institute;

(2) such scrap paper balers and paper box

compactors include an on-off switch incorporating a keylock or other system and the

control of such system is maintained in the

custody of employees who are 18 years of age

or older;

(3) the on-off switch of such scrap paper

balers and paper box compactors is maintained in an off condition when such scrap

paper balers and paper box compactors are

not in operation; and

(4) the employer of 16 and 17 year old employees provides notice, and posts a notice,

on such scrap paper balers and paper box

compactors stating that—

(A) such scrap paper balers and paper box

compactors meet the current safety standard

established by the American National Standards Institute;

(B) 16 and 17 year old employees may only

load such scrap paper balers and paper box

compactors; and

(C) any employee under the age of 18 may

not operate or unload such scrap paper

balers and paper box compactors.

SEC. 2. CONSTRUCTION.

Section 1 is not to be construed as affecting the exemption for apprentices and student learners published at 29 Code of Federal

Regulations 570.63.

After debate,

Pursuant to clause 4 of rule XIII, the

previous question on the amendment

and the bill was considered as ordered.

The question being put, viva voce,

Will the House agree to said 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.

So, three-fifths of the Members

present having voted in favor thereof,

the bill was passed.

A motion to reconsider the vote

whereby the bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T133.10 FEDERAL EMPLOYEE

REPRESENTATIVE IMPROVEMENT

The Committee of the Whole House

on the state of the Union was discharged from further consideration of

the bill (H.R. 782) to amend title 18 of

the United States Code to allow members of employee associations to represent their views before the United

States Government.

When said bill was considered and

read twice.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 4 of rule

XIII, recognized Mr. HOKE and Mr.

FRANK, each for 30 minutes.

The following amendment in the nature of a substitute recommended by

the Committee on the Judiciary, 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 the ‘‘Federal Employee Representation Improvement Act of

1995’’.

SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EMPLOYEES.

(a) EXTENSION OF EXEMPTION TO PROHIBITION.—Subseciton (d) of section 205 of title

18, United States Code, is amended to read as

follows:

‘‘(d)(1) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that

officer’s or employee’s duties, from acting

without compensation as agent or attorney

for, or otherwise representing—

‘‘(A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with

those proceedings; or

‘‘(B) except as provided in paragraph (2),

any cooperative, voluntary, professional,

recreational, or similar organization or

group not established or operated for profit,

if a majority of the organization’s or group’s

members are current officers or employees of

the Untied States or of the District of Columbia, or their spouses or dependent children.

‘‘(2) Paragraph (1)(B) does not apply with

respect to a covered matter that—

‘‘(A) is a claim under subsection (a)(1) or

(b)(1);

‘‘(B) is a judicial or administrative proceeding where the organization or group is a

party; or

‘‘(C) involves a grant, a contract, or other

agreement (including a request for any such

grant, contract, or agreement) providing for

the disbursement of Federal funds to the organization or group.’’.

(b) APPLICATION TO LABOR-MANAGEMENT

RELATIONS.—Section 205 of title 18, United

States Code, is amended by adding at the end

the following:

‘‘(i) Nothing in this section prevents an

employee from acting pursuant to chapter 71

of title 5 or section 1004 or chapter 12 of title

39.’’.

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 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.

So, three-fifths of the Members

present having voted in favor thereof,

the bill was passed.

A motion to reconsider the vote

whereby the bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T133.11 APPOINTMENT OF ADDITIONAL

CONFEREE—H.R. 4

The SPEAKER pro tempore, Mr.

FOLEY, by unanimous consent, announced the appointment of Mr.

CUNNINGHAM as an additional conferee

on the part of the House to the conference with the Senate on the disagreeing votes of the two Houses on

the amendments of the Senate to the

bill (H.R. 4) to restore the American

family, reduce illegitimacy, control

welfare spending and reduce welfare dependence.

Ordered, That the Clerk notify the

Senate of the foregoing appointment.

T133.12 SUBPOENA

The SPEAKER pro tempore, Mr.

FOLEY, laid before the House a communication, which was read as follows:

SAM M. GIBBONS,

HOUSE OF REPRESENTATIVES,

Washington, DC, October 18, 1995.

Hon. NEWT GINGRICH,

Speaker, House of Representatives, Washington,

DC.

DEAR MR. SPEAKER: This is to formally notify you pursuant to Rule L (50) of the Rules

of the House that a member of my staff has

been served with a subpoena issued by the

United States District Court for the Middle

District of Florida.

After consultation with the General Counsel, I have determined that compliance with

the subpoena is consistent with the privileges and precedents of the House.

Sincerely,

SAM M. GIBBONS,

U.S. Congressman.

T133.13 FISHERMEN’S PROTECTION

Mr. YOUNG of Alaska moved to suspend the rules and agree to the following amendment of the Senate to the

bill (H.R. 716) to amend the Fishermen’s Protective Act.

Strike out all after the enacting clause and

insert: