427
(2) by striking the item relating to section 5122
and inserting the following new item:
‘‘Sec. 5122. Purposes.’’;
(3) by striking the item relating to section 5125
and inserting the following new item:
‘‘Sec. 5125. Grant procedures.’’;
and
(4) by striking the item relating to section 5130
and inserting the following new item:
‘‘Sec. 5130. Funding.’’.
(i) TREATMENT OF NOFA.—The cap limiting assist-
ance under the Notice of Funding Availability issued by
the Department of Housing and Urban Development in
the Federal Register of April 8, 1996, shall not apply to
a public housing agency within an area designated as a
high intensity drug trafficking area under section 1005(c)
of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504(c)).
(j) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date
of the enactment of this Act.
Subtitle C—Limitations Relating to
Occupancy in Federally Assisted
Housing
SEC. 1641. SCREENING OF APPLICANTS.
(a) INELIGIBILITY BECAUSE
OF EVICTION.—Any
household or member of a household evicted from federally
428
assisted housing (as such term is defined in section 1645)
shall not be eligible for federally assisted housing—
(1) in the case of eviction by reason of drug-re-
lated criminal activity, for a period of not less than
3 years that begins on the date of such eviction, un-
less the evicted member of the household successfully
completes a rehabilitation program; and
(2) in the case of an eviction for other serious
violations of the terms or conditions of the lease, for
a reasonable period of time, as determined by the
public housing agency or owner of the federally as-
sisted housing, as applicable.
The requirements of paragraphs (1) and (2) may be
waived if the circumstances leading to eviction no longer
exist.
(b) INELIGIBILITY OF ILLEGAL DRUG USERS AND
ALCOHOL USERS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, a public housing agency or an
owner of federally assisted housing, or both, as de-
termined by the Secretary, shall establish standards
that prohibit admission to the program or admission
to federally assisted housing for any household with
a member—
429
(A) who the public housing agency or
owner determines is engaging in the illegal use
of a controlled substance; or
(B) with respect to whom the public hous-
ing agency or owner determines that it has rea-
sonable cause to believe that such household
member’s illegal use (or pattern of illegal use)
of a controlled substance, or abuse (or pattern
of abuse) of alcohol, would 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)(B),
to deny admission to the program or to federally as-
sisted housing to any household based on a pattern
of illegal use of a controlled substance or a pattern
of abuse of alcohol by a household member, a public
housing agency or an owner may consider whether
such household member—
(A) has successfully completed an accred-
ited drug or alcohol rehabilitation program (as
applicable) and is no longer engaging in the ille-
gal use of a controlled substance or abuse of al-
cohol (as applicable);
430
(B) has otherwise been rehabilitated suc-
cessfully and is no longer engaging in the illegal
use of a controlled substance or abuse of alco-
hol (as applicable); or
(C) is participating in an accredited drug
or alcohol rehabilitation program (as applicable)
and is no longer engaging in the illegal use of
a controlled substance or abuse of alcohol (as
applicable).
(c) INELIGIBILITY OF SEXUALLY VIOLENT PREDA-
TORS FOR ADMISSION TO PUBLIC HOUSING.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, a public housing agency shall pro-
hibit admission to public housing for any household
that includes any individual who is a sexually violent
predator.
(2) SEXUALLY VIOLENT PREDATOR.—For pur-
poses of this subsection, the term ‘‘sexually violent
predator’’ means an individual who—
(A) is a sexually violent predator (as such
term is defined in section 170101(a)(3) of such
Act); and
(B) is subject to a registration requirement
under section 170101(a)(1)(B) or 170102(c) of
the Violent Crime Control and Law Enforce-
431
ment Act of 1994 (42 U.S.C. 14071(a)(1)(B),
14072(c)), 
as 
provided 
under 
section
170101(b)(6)(B) or 170102(d)(2), respectively,
of such Act.
(d) AUTHORITY TO DENY ADMISSION TO CRIMINAL
OFFENDERS.—Except as provided in subsections (a), (b),
and (c) and in addition to any other authority to screen
applicants, in selecting among applicants for admission to
the program or to federally assisted housing, if the public
housing agency or owner of such housing (as applicable)
determines that an applicant or any member of the appli-
cant’s household is or was, during a reasonable time pre-
ceding the date when the applicant household would other-
wise be selected for admission, engaged in any criminal
activity (including drug-related criminal activity), the pub-
lic housing agency or owner may—
(1) deny such applicant admission to the pro-
gram or to federally assisted housing;
(2) consider the applicant (for purposes of any
waiting list) as not having applied for the program
or such housing; and
(3) after the expiration of the reasonable period
beginning upon such activity, require the applicant,
as a condition of admission to the program or to
federally assisted housing, to submit to the public
432
housing agency or owner evidence sufficient (as the
Secretary shall by regulation provide) to ensure that
the individual or individuals in the applicant’s house-
hold who engaged in criminal activity for which de-
nial was made under paragraph (1) have not en-
gaged in any criminal activity during such reason-
able period.
(e) AUTHORITY TO REQUIRE ACCESS TO CRIMINAL
RECORDS.—A public housing agency and an owner of fed-
erally assisted housing may require, as a condition of pro-
viding admission to the program or admission to or occu-
pancy in federally assisted housing, that each adult mem-
ber of the household provide a signed, written authoriza-
tion for the public housing agency to obtain the records
described in section 1644(a) regarding such member of the
household from the National Crime Information Center,
police departments, other law enforcement agencies, and
State registration agencies referred to in such section. In
the case of an owner of federally assisted housing that is
not a public housing agency, the owner shall request the
public housing agency having jurisdiction over the area
within which the housing is located to obtain the records
pursuant to section 1644.
(f) ADMISSION BASED ON DISABILITY.—
433
(1) IN GENERAL.—Notwithstanding any other
provision of law, for purposes of determining eligi-
bility for admission to federally assisted housing, a
person shall not be considered to have a disability or
a handicap solely because of the prior or current ille-
gal use of a controlled substance (as defined in sec-
tion 102 of the Controlled Substances Act) or solely
by reason of the prior or current use of alcohol.
(2) CONTINUED OCCUPANCY.—This subsection
may not be construed to prohibit the continued occu-
pancy of any person who is a resident in assisted
housing on the effective date of this division.
SEC. 1642. TERMINATION OF TENANCY AND ASSISTANCE
FOR ILLEGAL DRUG USERS AND ALCOHOL
ABUSERS.
Notwithstanding any other provision of law, a public
housing agency or an owner of federally assisted housing
(as applicable), shall establish standards or lease provi-
sions for continued assistance or occupancy in federally
assisted housing that allow the agency or owner (as appli-
cable) to terminate the tenancy or assistance for any
household with a member—
(1) who the public housing agency or owner de-
termines is engaging in the illegal use of a controlled
substance; or
435
by, persons residing in the immediate vicinity of
the premises; or
(C) with respect only to activity engaged in
by the tenant or any member of the tenant’s
household, is criminal activity on or off the
premises.
SEC. 1644. AVAILABILITY OF CRIMINAL RECORDS FOR TEN-
ANT SCREENING AND EVICTION.
(a) IN GENERAL.—
(1) CRIMINAL
CONVICTION
INFORMATION.—
Notwithstanding any other provision of law other
than paragraphs (3) and (4), upon the request of a
public housing agency, the National Crime Informa-
tion Center, a police department, and any other law
enforcement agency shall provide to the public hous-
ing agency information regarding the criminal con-
viction records of an adult applicant for, or tenants
of, federally assisted housing for purposes of appli-
cant screening, lease enforcement, and eviction, but
only if the public housing agency requests such in-
formation and presents to such Center, department,
or agency a written authorization, signed by such
applicant, for the release of such information to the
public housing agency or other owner of the feder-
ally assisted housing.
436
(2) INFORMATION REGARDING CRIMES AGAINST
CHILDREN AND SEXUALLY VIOLENT PREDATORS.—
Notwithstanding any other provision of law other
than paragraphs (3) and (4), upon the request of a
public housing agency, the Federal Bureau of Inves-
tigation, a State law enforcement agency designated
as a registration agency under a State registration
program under subtitle A of title XVII of the Vio-
lent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071), and any local law enforce-
ment agency authorized by the State agency shall
provide to a public housing agency the information
collected under the national database established
pursuant to section 170102 of such Act or such
State registration program, as applicable, regarding
an adult applicant for, or tenant of, federally as-
sisted housing for purposes of applicant screening,
lease enforcement, and eviction, but only if the pub-
lic housing agency requests such information and
presents to such State registration agency or other
local law enforcement agency a written authoriza-
tion, signed by such applicant, for the release of
such information to the public housing agency or
other owner of the federally assisted housing.
437
(3) DELAYED EFFECTIVE DATE FOR OWNERS
OTHER THAN PHA’S.—The provisions of paragraphs
(1) and (2) authorizing obtaining information for
owners of federally assisted housing other than pub-
lic housing agencies shall not take effect before—
(A) the expiration of the 1-year period be-
ginning on the date of enactment of this Act;
and
(B) the Secretary and the Attorney Gen-
eral of the United States have determined that
access to such information is feasible for such
owners and have provided for the terms of re-
lease of such information to owners.
(4) EXCEPTION.—The information provided
under paragraphs (1), (2), and (3) shall include in-
formation regarding any criminal conviction of a ju-
venile only to the extent that the release of such in-
formation is authorized under the law of the applica-
ble State, tribe, or locality.
(b) CONFIDENTIALITY.—A public housing agency or
owner receiving information under this section may use
such information only for the purposes provided in this
section and such information may not be disclosed to any
person who is not an officer, employee, or authorized rep-
resentative of the agency or owner and who has a job-
438
related need to have access to the information in connec-
tion with admission of applicants, eviction of tenants, or
termination of assistance. For judicial eviction proceed-
ings, disclosures may be made to the extent necessary. The
Secretary shall, by regulation, establish procedures nec-
essary to ensure that information provided under this sec-
tion to a public housing agency or owner is used, and con-
fidentiality of such information is maintained, as required
under this section.
(c) OPPORTUNITY TO DISPUTE.—Before an adverse
action is taken with regard to assistance for federally as-
sisted housing on the basis of a criminal record (including
on the basis that an individual is a sexually violent preda-
tor, pursuant to section 1641(c)), the public housing agen-
cy or owner shall provide the tenant or applicant with a
copy of the criminal record and an opportunity to dispute
the accuracy and relevance of that record.
(d) FEE.—A public housing agency may be charged
a reasonable fee for information provided under subsection
(a). A public housing agency may require an owner of fed-
erally assisted housing (that is not a public housing agen-
cy) to pay such fee for any information that the agency
acquires for the owner pursuant to section 1641(e) and
subsection (a) of this section.
439
(e) RECORDS MANAGEMENT.—Each public housing
agency and owner of federally assisted housing that re-
ceives criminal record information pursuant to this section
shall establish and implement a system of records manage-
ment that ensures that any criminal record received by
the agency or owner is—
(1) maintained confidentially;
(2) not misused or improperly disseminated;
and
(3) destroyed in a timely fashion, once the pur-
pose for which the record was requested has been
accomplished.
(f) PENALTY.—Any person who knowingly and will-
fully requests or obtains any information concerning an
applicant for, or tenant of, federally assisted housing pur-
suant to the authority under this section under false pre-
tenses, or any person who knowingly and willfully discloses
any such information in any manner to any individual not
entitled under any law to receive it, shall be guilty of a
misdemeanor and fined not more than $5,000. The term
‘‘person’’ as used in this subsection shall include an offi-
cer, employee, or authorized representative of any public
housing agency or owner.
(g) CIVIL ACTION.—Any applicant for, or tenant of,
federally assisted housing affected by: (1) a negligent or
440
knowing disclosure of information referred to in this sec-
tion about such person by an officer, employee, or author-
ized representative of any public housing agency or owner
of federally assisted housing, which disclosure is not au-
thorized by this section; or (2) any other negligent or
knowing action that is inconsistent with this section, may
bring a civil action for damages and such other relief as
may be appropriate against any public housing agency or
owner responsible for such unauthorized action. The dis-
trict court of the United States in the district in which
the affected applicant or tenant resides, in which such un-
authorized action occurred, or in which the officer, em-
ployee, or representative alleged to be responsible for any
such unauthorized action resides, shall have jurisdiction
in such matters. Appropriate relief that may be ordered
by such district courts shall include reasonable attorney’s
fees and other litigation costs.
(h) DEFINITION.—For purposes of this section, the
term ‘‘adult’’ means a person who is 18 years of age or
older, or who has been convicted of a crime as an adult
under any Federal, State, or tribal law.
SEC. 1645. DEFINITIONS.
For purposes of this subtitle, the following definitions
shall apply: