I
103D CONGRESS
2D SESSION
H. R. 4062
To amend the United States Housing Act of 1937 to provide for referenda
among residents of public housing developments to determine whether
firearms shall be prohibited or limited in such developments, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1994
Mr. WYDEN (for himself and Mr. LEWIS of Georgia) introduced the following
bill; which was referred jointly to the Committees on Banking, Finance
and Urban Affairs and the Judiciary
A BILL
To amend the United States Housing Act of 1937 to provide
for referenda among residents of public housing develop-
ments to determine whether firearms shall be prohibited
or limited in such developments, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Public Housing
Act’’.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) a disproportionate amount of violent crime,
including crime with guns, is committed in or near
public housing developments;
(2) public housing developments are funded and
regulated by the Federal Government;
(3) many guns responsible for violence in public
housing have been transported between States; and
(4) under the commerce clause of the Constitu-
tion of the United States, the Congress has the au-
thority to regulate the presence of guns in public
housing and establish crimes relating to guns in
public housing.
SEC. 3. REFERENDA REGARDING PROHIBITING AND REG-
ISTERING FIREARMS IN PUBLIC HOUSING DE-
VELOPMENTS.
(a) IN GENERAL.—Title I of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by
adding at the end the following new section:
‘‘SEC. 26. REFERENDA REGARDING PROHIBITING AND REG-
ISTERING FIREARMS IN PUBLIC HOUSING DE-
VELOPMENTS.
‘‘(a) PROHIBITION
AND REGISTRATION
OF FIRE-
ARMS.—
‘‘(1) PROHIBITION.—No resident of a covered
public housing development described in subsection
(b)(1)(A) may knowingly possess or cause to be
present a firearm in the covered public housing de-
velopment, or attempt to do so.
‘‘(2) REGISTRATION
OF
FIREARMS.—No resi-
dent of a covered public housing development de-
scribed in subsection (b)(1)(B) may knowingly pos-
sess or cause to be present a firearm in the covered
public housing development, or attempt to do so, un-
less the resident has registered such firearm with
the public housing agency, as the Secretary shall re-
quire.
‘‘(3) REGISTRATION OF FIREARMS OWNERS.—
No resident of a covered public housing development
described in subsection (b)(1)(C) may knowingly
possess or cause to be present a firearm in the cov-
ered public housing development, or attempt to do
so, unless the resident has registered with the public
housing agency as a possessor of firearms, as the
Secretary shall require.
‘‘(4) 
REGISTRATION
STANDARD.—A 
public
housing agency may refuse to register a firearm for
a resident under paragraph (2) or to register a resi-
dent to possess firearms under paragraph (3), if the
agency has probable cause to believe that possession
of a firearm by such resident will be a threat to the
safety of residents of the covered public housing
development.
‘‘(5) LAW ENFORCEMENT EXCEPTIONS.—Para-
graphs (1), (2), and (3) shall not apply to the pos-
session of a firearm by—
‘‘(A) a law enforcement officer acting in
his or her official capacity; or
‘‘(B) a Federal official or a member of the
Armed Forces if such possession is otherwise
authorized by law.
‘‘(b) COVERED PUBLIC HOUSING DEVELOPMENT.—
For purposes of this section, the term ‘covered public
housing development’ means a qualified public housing
development for which—
‘‘(1) a referendum under subsection (c) or
(j)(1) has been held to determine whether the devel-
opment shall be subject to—
‘‘(A) the prohibition under subsection
(a)(1) regarding the possession of firearms by
residents;
‘‘(B) the requirements under subsection
(a)(2) regarding registration of firearms by
residents; or
‘‘(C) the requirements under subsection
(a)(3) regarding registration of residents who
possess firearms;
‘‘(2) the Secretary of Housing and Urban De-
velopment has certified under subsection (i)(1) or
(j)(4) that the referendum was approved;
‘‘(3) the 30-day period beginning upon such
certification has expired; and
‘‘(4) notice that the development shall cease to
be a covered public housing development has not
subsequently been published pursuant to subsection
(j)(5)(B)(i).
‘‘(c) REFERENDUM.—Not later than the expiration of
the 60-day period beginning upon the certification under
subsection (e)(2) of a petition requesting a referendum
under this section for a qualified public housing develop-
ment to ascertain whether the development shall be a cov-
ered public housing development and subject to paragraph
(1), (2), or (3) of subsection (a), such a referendum shall
be conducted among the residents of the development who
are adults. The referendum shall be conducted by the pub-
lic housing agency, except that, at the request of the resi-
dent council for the qualified public housing development,
the public housing agency may designate a nonprofit orga-
nization to conduct the referendum if the agency deter-
mines such organization is qualified to do so.
‘‘(d) SUBMISSION OF PETITION AND REVIEW.—Upon
submission to the Secretary of a petition for a referendum
under this section, the Secretary shall immediately notify
the public housing agency that administers the public
housing to which the petition relates that the petition has
been submitted and shall review the petition to determine
if it complies with the requirements for certification of the
petition under subsection (e)(1) or (j)(2), as applicable.
The Secretary shall make such determination before the
expiration of the 30-day period beginning upon the sub-
mission of the petition to the Secretary. The public hous-
ing agency responsible for administering the public hous-
ing to which the petition relates shall provide to the Sec-
retary any information necessary for the Secretary to
make such a determination.
‘‘(e) CERTIFICATION OF PETITION.—
‘‘(1) REQUIREMENTS
FOR
CERTIFICATION.—
The Secretary may certify a petition for a referen-
dum under subsection (c) only if the petition meets
the following requirements:
‘‘(A) CONTENTS OF PETITION.—The peti-
tion shall—
‘‘(i) clearly state that the purpose of
the petition is to request the Secretary to
conduct a referendum under subsection (c)
to ascertain whether the public housing de-
scribed in the petition shall be—
‘‘(I) a covered public housing de-
velopment for purposes of this section;
and
‘‘(II) subject to the provisions of
paragraph (1), (2), or (3) of sub-
section (a), and shall specify which
paragraph;
‘‘(ii) clearly describe the limitations
regarding firearms that will apply to the
public housing development if the referen-
dum is approved and the penalties for vio-
lations of such limitations;
‘‘(iii) clearly describe the public hous-
ing to which the petition relates in a man-
ner sufficient for the Secretary to deter-
mine whether such housing is a qualified
public housing development;
‘‘(iv) clearly state that each of the sig-
natories represents that, as of the date of
signing the petition, the signatory is a law-
ful resident of the public housing described
in the petition and is an adult; and
‘‘(v) contain the name and address of
each signatory.
‘‘(B) SIGNATURE
REQUIREMENTS.—Not
less than 10 percent of the adults who, as of
the date that the petition is submitted to the
Secretary, reside in the public housing de-
scribed in the petition have signed the petition
during the 12-month period ending upon such
date of submission.
‘‘(C) QUALIFIED PUBLIC HOUSING DEVEL-
OPMENT.—The public housing to which the pe-
tition relates is a qualified public housing devel-
opment under subsection (l).
‘‘(2) CERTIFICATION.—Upon determining that
a petition under this section complies with the re-
quirements for certification under paragraph (1) of
this subsection or subsection (j)(2), as applicable,
the Secretary shall immediately certify such compli-
ance and notify, in writing, the public housing agen-
cy for the qualified public housing development to
which the petition relates of such certification.
‘‘(3) DENIAL OF CERTIFICATION.—Upon deter-
mining that a petition fails to comply with the re-
‘‘(1) IN
GENERAL.—Not later than 30 days
after receiving notice of the result of a referendum
under subsection (c), the Secretary shall—
‘‘(A) review the referendum to determine
whether the referendum was held in accordance
with the requirements of this section and the
regulations issued pursuant to this section; and
‘‘(B) if the Secretary determines that the
referendum was held in accordance with such
requirements and regulations, certify the result
of the referendum.
‘‘(2) NOTICE.—If the Secretary certifies a ref-
erendum under subsection (b) as having been ap-
proved for a qualified public housing development,
the Secretary shall—
‘‘(A) immediately notify the public housing
agency that administers the qualified public
housing development of the certification and the
firearms limitation effective date (as defined in
subsection (o)) for the development;
‘‘(B) before the firearms limitation effec-
tive date for the development, cause to be pub-
lished in the Federal Register notice—
‘‘(i) that the development shall be
classified as covered public housing devel-
opment for purposes of this section;
‘‘(ii) that the prohibition or limitation
under paragraph (1), (2), or (3) of sub-
section (a) that was approved under the
referendum shall take effect with respect
to the public housing development; and
‘‘(iii) describing the specific obliga-
tions and effects resulting from such clas-
sification (including the effects of section
922(s) of title 18, United States Code and
of the lease provisions required under sec-
tion 6(l)(6) of this Act), the firearms limi-
tation effective date for the development,
and the boundaries of the development;
‘‘(C) before the firearms limitation effec-
tive date for the development, provide written
notice to each resident of the development con-
taining the information required in notice pub-
lished under subparagraph (B); and
‘‘(D) require the public housing agency to
post notice of the prohibitions or limitation that
shall apply to the covered public housing devel-
opment in prominent places in the development
before the firearms limitation effective date for
the development.
‘‘(j) REFERENDUM TO ALTER FIREARMS PROHIBI-
TION OR LIMITATION.—
‘‘(1) IN GENERAL.—Not later than the expira-
tion of the 60-day period beginning upon the certifi-
cation under subsection (e)(2) of a petition that re-
quests a referendum under this subsection for a cov-
ered public housing development to—
‘‘(A) ascertain whether the development
shall cease to be a covered public housing devel-
opment for purposes of this section, or
‘‘(B) ascertain whether the prohibition or
limitation under paragraph (1), (2), or (3) of
subsection (a) that applies to the development
at such time shall cease to apply and another
such prohibition or limitation shall apply,
such a referendum shall be conducted among the
residents of the development who are adults. The
referendum shall be conducted by the public housing
agency, except that, at the request of the resident
council for the covered public housing development,
the public housing agency may designate a nonprofit
organization to conduct the referendum if the agency
determines such organization is qualified to do so.
‘‘(2) REQUIREMENTS
FOR
CERTIFICATION
OF
PETITION.—The Secretary may certify a petition for
a referendum under paragraph (1) only if—
‘‘(A) the petition clearly states that the
purpose of the petition is to request the Sec-
retary to conduct a referendum under para-
graph (1) to ascertain whether the development
shall—
‘‘(i) cease to be a covered public hous-
ing development for purposes of this sec-
tion; or
‘‘(ii) instead of being subject to the
prohibition or limitation under paragraph
(1), (2), or (3) of subsection (a) that ap-
plies to the development at such time, be
subject to another prohibition or limitation
under one of such paragraphs, and shall
specify which paragraph;
‘‘(B) the petition clearly describes any limi-
tations regarding firearms that will apply to the
covered public housing development if the ref-
erendum is approved and the penalties for viola-
tions of such limitations;
‘‘(C) the petition clearly describes the cov-
ered public housing development to which the
petition relates;
‘‘(D) the petition clearly states that each
of the signatories represents that, as of the date
of signing the petition, the signatory is a lawful
resident of the covered public housing develop-
ment described in the petition and is an adult;
‘‘(E) the petition contains the name and
address of each signatory;
‘‘(F) not less than 10 percent of the adults
who, as of the date that the petition is submit-
ted to the Secretary, reside in the covered pub-
lic housing development described in the peti-
tion have signed the petition during the 12-
month period ending upon such date of submis-
sion; and
‘‘(G) the public housing to which the peti-
tion relates is a covered public housing develop-
ment.
‘‘(3) PROCEDURE FOR CERTIFICATION OF PETI-
TION.—The provisions of paragraphs (2) through
(4) of subsection (e) and subsections (f), (g), and (h)
shall apply to any petition for a referendum under
paragraph (1) of this subsection submitted to the
Secretary and any referendum conducted pursuant
to certification of such petition.
‘‘(4) REVIEW OF AND CERTIFICATION OF REF-
ERENDUM RESULTS BY SECRETARY.—Not later than
30 days after receiving notice of the result of a ref-
erendum under paragraph (1), the Secretary shall—
‘‘(A) review the referendum to determine
whether the referendum was held in accordance
with the requirements of this section and the
regulations issued pursuant to this section; and
‘‘(B) if the Secretary determines that the
referendum was held in accordance with such
requirements and regulations, certify the result
of the referendum.
‘‘(5) NOTICE.—If the Secretary certifies a ref-
erendum under paragraph (1) as having been ap-
proved for a covered public housing development, the
Secretary shall—
‘‘(A) immediately notify the public housing
agency that administers the covered public
housing of the certification and, if applicable,
the firearms limitation effective date for the
new firearms prohibition or limitation that will
apply to the development;
‘‘(B) before the expiration of the 30-day
period beginning upon such certification, cause
to be published in the Federal Register—
‘‘(i) in the case of a referendum con-
ducted for the purpose under paragraph
(1)(A), notice that, effective upon such
publication, the development shall cease to
be a covered public housing development
for purposes of this section and describing
the boundaries of the development; or
‘‘(ii) in the case of a referendum con-
ducted for the purpose under paragraph
(1)(B), notice—
‘‘(I) that the prohibition or limi-
tation under paragraph (1), (2), or
(3) of subsection (a) that applies at
such time to the development shall
cease to apply;
‘‘(II) that the prohibition or limi-
tation that was approved under the
referendum shall take effect with re-
spect to the public housing develop-
ment; and
‘‘(III) describing the specific obli-
gations and effects resulting from
such classification (including the ef-
fects of section 922(s) of title 18,
United States Code and of the lease
provisions 
required 
under 
section
6(l)(6) of this Act), the firearms limi-
tation effective date under paragraph
(5) of this subsection for the new fire-
arms prohibition or limitation that
will apply to the development, and the
boundaries of the development;
‘‘(C) before the expiration of such 30-day
period, provide written notice to each resident
of the qualified public housing development that
contains the information required in notice
under clause (i) or (ii) of subparagraph (B),
whichever is applicable; and
‘‘(D) in the case of a referendum con-
ducted for the purpose under paragraph (1)(B),
require the public housing agency to post notice
of the new prohibitions or limitation that shall
apply to the covered public housing development
in prominent places in the development before
the firearms limitation effective date for the de-
velopment under paragraph (5).
‘‘(6) FIREARMS LIMITATION EFFECTIVE DATE
FOR
ALTERATION
OF
FIREARMS
PROHIBITION
OR
LIMITATION.—In the case of referendum conducted
for the purpose under paragraph (1)(B) that is cer-
tified by the Secretary as having been approved, the
prohibition or limitation under paragraph (1), (2),
or (3) of subsection (a) in effect for the covered pub-
lic housing development at the time of the referen-
dum shall cease to apply and the prohibition or limi-
tation that was considered under the referendum
shall take effect with respect to the development,
upon the expiration of the 30-day period beginning
upon such certification.
‘‘(k) TIMING OF PROHIBITION REFERENDUM.—The
Secretary may not certify a petition under this section for
any public housing that is submitted before the expiration
of the 12-month period beginning on the date of any ref-
erendum under this section relating to any such housing
that was certified by the Secretary as having been
approved.
‘‘(l) 
QUALIFIED
PUBLIC
HOUSING
DEVELOP-
MENTS.—Public housing for which a petition is submitted
under subsection (d) shall be a qualified public housing
development for purposes of this section only if the Sec-
retary determines that the boundaries of the housing de-
scribed in the petition accurately describe—
‘‘(1) a group of buildings (and the grounds and
other appurtenances thereto) that comprise or are
associated, treated, or administered as a single pub-
lic housing development; or
‘‘(2) a single building or a group of buildings
comprising public housing, and the grounds and
other appurtenances thereto, that, in the determina-
tion of the Secretary, has a continuous or other
boundary or other geographic or administrative asso-
ciation that would allow treatment as a unitary de-
velopment if the housing becomes a covered public
housing development for purposes of this section.
The Secretary may make a determination of whether cer-
tain public housing is a qualified public housing develop-
ment before the submission of a petition under subsection
(d) for the public housing.
‘‘(m) WITHHOLDING OF AMOUNTS FOR FAILURE TO
CONDUCT REFERENDUM.—If any referendum is required
under this section to be conducted (pursuant to certifi-
cation of petition for a referendum under subsection (e)
or (j)(3)) and is not conducted in accordance with the pro-
visions of this section, the Secretary may withhold any
amounts provided under this Act for the public housing
agency that administers such housing until the referen-
dum is conducted.
‘‘(n) LIABILITY.—A public housing agency admin-
istering a covered public housing development that makes
a good faith effort to comply with the requirements under
this section applicable to such agency regarding such de-
velopment shall not be liable for any injury caused by a
firearm because of any failure to prevent any activity in
the development that violates any provision under this sec-
tion or section 922(s) of title 18, United States Code.
‘‘(o) DEFINITIONS.—For purposes of this section:
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who is 18 years of age or older.
‘‘(2) DEVELOPMENT.—The term ‘development’,
when used in reference to public housing, has the
meaning given the term ‘project’ in section 3(b) of
this Act.
‘‘(3) 
FIREARMS
LIMITATION
EFFECTIVE
DATE.—The term ‘firearms limitation effective date’
means, with respect to a qualified public housing de-
velopment or covered public housing development,
the date under subsection (b)(3) or (j)(6), respec-
tively, on which the prohibition or limitation under
paragraph (1), (2), or (3) of subsection (a) that was
approved under the referendum takes effect with re-
spect to the development.
‘‘(4) NONPROFIT
ORGANIZATION.—The term
‘nonprofit organization’ means a private organiza-
tion no part of the net earnings of which inures to
the benefit of any member, shareholder, founder,
contributor, or individual.
‘‘(5) QUALIFIED
PUBLIC
HOUSING
DEVELOP-
MENT.—The term ‘qualified public housing develop-
ment’ means public housing that has been deter-
mined by the Secretary under subsection (l) to be a
qualified public housing development.
‘‘(6) RESIDENT COUNCIL.—The term ‘resident
council’ means any incorporated nonprofit organiza-
tion or association that—
‘‘(A) is representative of the residents of
the housing;
‘‘(B) adopts written procedures providing
for the election of officers on a regular basis;
and
‘‘(C) has a democratically elected govern-
ing board, elected by residents of the housing.
‘‘(p) EFFECT ON STATE LAW.—The provisions of
this section and section 6 do not annul, alter, or affect,
or exempt any person subject to the provisions of such
sections from complying with, the laws of any State with
respect to possession or registration of firearms, except
to the extent that such laws are inconsistent with any pro-
vision of this section or section 6, and then only to the
extent of such inconsistency.’’.
(b) REGULATIONS.—The Secretary shall issue any
regulations necessary to carry out the provisions in the
amendment made by subsection (a).
SEC. 4. TERMINATION OF TENANCY IN PUBLIC HOUSING
DEVELOPMENT FOR VIOLATION OF PROHIBI-
TION OR LIMITATION ON POSSESSION OF
FIREARMS.
(a) EXPEDITED ADMINISTRATIVE GRIEVANCE PRO-
CEDURE.—Section 6(k) of the United States Housing Act
of 1937 (42 U.S.C. 1437d(k)) is amended in the 1st sen-
tence of the matter that follows paragraph (6)—
(1) by striking ‘‘or any’’ and inserting ‘‘, in-
volves any’’; and
(2) by inserting after ‘‘such premises,’’ the fol-
lowing: ‘‘or involves any activity that violates a lease
provision required under subsection (l)(6),’’.
(b) LEASE PROVISION.—Section 6(l) of the United
States Housing Act of 1937 (42 U.S.C. 1437d(l)) is
amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (6) as para-
graph (7); and
(3) by inserting after paragraph (5) the follow-
ing new paragraph:
‘‘(6) provide that, if the public housing in which
the dwelling unit subject to the lease is located in or
becomes a covered public housing development for
purposes of section 26, the tenancy may be termi-
nated for any activity—
‘‘(A) that violates the particular prohibi-
tion or limitation under section 26(a) that ap-
plies to such covered public housing develop-
ment that is engaged in by a public housing
resident, any member of the resident’s house-
hold, or any guest or other person under the
resident’s control, or
‘‘(B) that violates the prohibition under
section 922(s) of title 18, United States Code
that is engaged in by any guest or other person
under the resident’s control,
except that a resident shall not be considered to
have control of any guest or other person for pur-
poses of this paragraph if the resident makes a good
faith effort to notify the public housing agency for
the development or an appropriate law enforcement
agency of any activity described in subparagraph (A)
or (B) that is engaged in by such guest or person;
and’’.
SEC. 5. PROHIBITION OF POSSESSION OF FIREARMS IN
CERTAIN PUBLIC HOUSING DEVELOPMENTS
BY NON-RESIDENTS AND CRIMINAL PENALTY.
(a) UNLAWFUL ACT.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(s)(1) It shall be unlawful for any individual who
is not a resident of the covered public housing development
knowingly to possess a firearm in an area that is a covered
public housing development.
‘‘(2) Paragraph (1) shall not apply to the possession
of a firearm—
‘‘(A) by a law enforcement officer acting in his
or her official capacity;
‘‘(B) by a Federal official or a member of the
Armed Forces, if such possession is otherwise au-
thorized by law; or
‘‘(C) if the individual possessing the firearm is
specifically authorized to possess the firearm at the
covered public housing development at such time by
the Federal Government, the government of the
State or political subdivision of the State in which
the development is located, or the public housing
agency that administers the development, pursuant
to a determination that such individual—
‘‘(i) does not pose a threat to the safety of
residents of the development; and
‘‘(ii) is otherwise authorized under Federal
law or the applicable law of the State or the po-
litical subdivision in which the development is
located, to possess the firearm.
‘‘(3) As used in this subsection, the term ‘covered
public housing development’ has the meaning given such
term in section 26(b) of the United States Housing Act
of 1937.’’.
(b) PENALTY.—Section 924(a)(1)(B) of title 18,
United States Code, is amended by striking ‘‘or (q)’’ and
inserting ‘‘(q), or (s)’’.
SEC. 6. ELIGIBILITY OF ACTIVITIES TO ENFORCE PHA FIRE-
ARMS LIMITATIONS FOR FUNDING UNDER
PUBLIC 
AND 
ASSISTED 
HOUSING 
DRUG
ELIMINATION GRANTS.
Section 5124(a) of the Anti-Drug Abuse Act of 1988
(42 U.S.C. 11903(a)) is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the
end;
(2) in paragraph (7), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(8) in the case of a grant to a public housing
agency (or public housing resident management cor-
poration) that administers a covered public housing
development under section 26 of the United States
Housing Act of 1937, costs of activities relating to
enforcement of the prohibitions or limitations under
such section 26 and section 922(s) of title 18, Unit-
ed States Code, that apply to such development,
which shall include only—
‘‘(A) acquiring, maintaining, and operating
metal detectors for covered public housing de-
velopments;
‘‘(B) acquiring, maintaining, and operating
on-site or off-site storage facilities, as appro-
priate, for firearms confiscated or relinquished
in covered public housing developments;
‘‘(C) providing for registration of firearms
or possessors of firearms under such provisions;
and
‘‘(D) any other activities relating to en-
forcement of such provisions for such develop-
ments as the Secretary may approve.’’.
Æ