I
103D CONGRESS
2D SESSION
H. R. 4254
To amend the United States Housing Act of 1937 to provide for the termi-
nation of tenancy of persons residing in public housing or housing as-
sisted 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 Representa-
tives 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 AC-
TIVITY’’.
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 re-
lating to manufacture, sale, transfer, use, or posses-
sion 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 crimi-
nal offense; or
‘‘(C)(i) that violates any Federal or State crimi-
nal law, and (ii) in which a firearm is used or in-
tended 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 fol-
lowing 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 stand-
ards 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 ac-
tivity 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-relat-
ed’’ and inserting ‘‘drug- or firearm-related’’; and
(4) in subsection (n), by inserting ‘‘and fire-
arm-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 stand-
ards 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 ac-
tivity 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 as-
sisted 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 applica-
tion 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 lead-
ing to eviction no longer exist).’’.
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