Title: Fair Chance at Housing Act of 2019
Policy area: Housing and Community Development

Summary:
Fair Chance at Housing Act of 2019
This bill limits the authority of public housing agencies (PHAs) to deny or terminate federally assisted housing based on criminal conduct by the applicant or tenant.
Specifically, PHAs may deny or terminate assistance based only on criminal conduct that threatens the health or safety of other tenants or the employees or owner of the PHA, excluding misdemeanors and certain other lesser criminal offenses. Furthermore, with respect to applicants, a denial may be based only on a felony conviction other than a conviction for a drug offense for which the individual served less than 10 years.
Before denying or terminating assistance based on criminal conduct, a PHA must conduct an individualized review and consider specified factors, including evidence of rehabilitation. PHAs must also give the household an opportunity to remove the culpable member before proceeding with the denial or termination.
Additionally, PHAs may not drug test applicants or tenants as a condition of assistance.
Under current law, PHAs must deny, and may terminate, federally assisted housing upon a determination that any household member is illegally using a controlled substance. Current law also allows PHAs to take such actions if there is reasonable cause to believe that a household member's illegal use of a controlled substance or abuse of alcohol may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. Further, tenants evicted on the basis of drug-related criminal activity are not eligible under current law for federally assisted housing for three years, unless the tenant successfully completes a rehabilitation program.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2076 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2076

   To reform the screening and eviction policies for Federal housing 
 assistance in order to provide fair access to housing, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2019

Ms. Harris (for herself and Mr. Booker) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To reform the screening and eviction policies for Federal housing 
 assistance in order to provide fair access to housing, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Chance at Housing Act of 
2019''.

SEC. 2. DATA COLLECTION; COMPLIANCE; DEFINITIONS.

    Subtitle F of the Quality Housing and Work Responsibility Act of 
1998 (42 U.S.C. 13661 et seq.) is amended--
            (1) in section 578(c) (42 U.S.C. 13663(c)), by striking 
        ``section 579(a)(2)'' and inserting ``section 579B(3)'';
            (2) by redesignating section 579 as section 579B;
            (3) by inserting after section 578 (42 U.S.C. 13663) the 
        following:

``SEC. 579. DATA COLLECTION.

    ``(a) Applications.--
            ``(1) In general.--The Secretary shall require each public 
        housing agency and owner to submit a report to the Secretary on 
        an annual basis that contains the following information for the 
        preceding 12-month reporting period:
                    ``(A) The number of applications for admission to 
                federally assisted housing or a federally assisted 
                housing program reviewed by the public housing agency, 
                including by the review panel of the public housing 
                agency, or owner.
                    ``(B) The number of applications for admission to 
                federally assisted housing or a federally assisted 
                housing program reviewed by the public housing agency, 
                including by the review panel of the public housing 
                agency, or owner for covered criminal conduct.
                    ``(C) The number of denials of applications for 
                admission to federally assisted housing or a federally 
                assisted housing program rendered by the public housing 
                agency or owner on the basis of covered criminal 
                conduct.
                    ``(D) The number of denials described in 
                subparagraph (C) pursuant to which the applicant filed 
                a request for informal review.
                    ``(E) The number of denials described in 
                subparagraph (C) that were overturned following 
                informal review.
                    ``(F) The information required under subparagraphs 
                (A) through (E) disaggregated by the race of the 
                applicant, the ethnicity of the applicant, the sex of 
                the applicant, and whether the applicant had a 
                disability as defined by section 504 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794).
            ``(2) Confidentiality.--The information collected pursuant 
        to paragraph (1) shall be subject to the same confidentiality 
        requirements of section 576(b)(2)(F) that are applicable to 
        information gathered in the process of screening for criminal 
        convictions.
    ``(b) Terminations.--The Secretary shall require each public 
housing agency and owner to submit a report to the Secretary on an 
annual basis that contains the following information for the preceding 
12-month reporting period:
            ``(1) The number of terminations of tenancy and 
        terminations of assistance initiated by the public housing 
        agency or owner.
            ``(2) The number of terminations of tenancy and 
        terminations of assistance rendered by the public housing 
        agency or owner on the basis of covered criminal activity.
            ``(3) For each termination of tenancy or assistance based 
        on covered criminal conduct, the specific type or types of 
        covered criminal conduct involved, including the disposition of 
        any criminal charges against the tenant or participant.
            ``(4) The information required under paragraphs (1) through 
        (3) disaggregated by the race of the applicant, the ethnicity 
        of the applicant, the sex of the applicant, and whether the 
        applicant had a disability as defined by section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794).'';
            (4) by inserting after section 579, as added by paragraph 
        (3), the following:

``SEC. 579A. COMPLIANCE.

    ``A public housing agency or owner of federally assisted housing, 
as applicable, shall be solely responsible for compliance with the 
requirements of this subtitle, notwithstanding the use of any third 
party for such purposes. In a case of failure of a public housing 
agency or owner to comply with the requirements of this subtitle, the 
Secretary may withhold funds made available for the federally assisted 
housing program under which the failure to comply occurred from the 
agency or owner.''; and
            (5) in section 579B, as so redesignated--
                    (A) by striking ``(a) Definitions.--'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Conviction.--
                    ``(A) In general.--The term `conviction' means 
                judgment of guilt or nolo contendere or any disposition 
                arising therefrom.
                    ``(B) Exclusions.--Such term does not include--
                            ``(i) an arrest or any disposition 
                        therefrom that did not result in a conviction;
                            ``(ii) any criminal disposition for an 
                        offense committed prior to the defendant's 18th 
                        birthday;
                            ``(iii) a conviction that has been 
                        expunged, sealed, or subject to similar 
                        judicial relief;
                            ``(iv) a disposition received through 
                        successful completion of diversion, deferred 
                        adjudication, deferred entry of judgment, drug 
                        court, or similar judicial program under State 
                        law; or
                            ``(v) any other criminal disposition not 
                        deemed a conviction under State or Federal 
                        law.'';
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (D) by inserting after paragraph (1) the following:
            ``(2) Covered criminal conduct.--
                    ``(A) Admission to federally assisted housing.--
                            ``(i) In general.--The term `covered 
                        criminal conduct' means, with respect to 
                        admission to federally assisted housing, 
                        criminal conduct--
                                    ``(I) for which the applicant or a 
                                member of the household of the 
                                applicant has been convicted of a 
                                felony under State or Federal criminal 
                                law; and
                                    ``(II) that threatens the health or 
                                safety of other tenants, the employees, 
                                or the owner or public housing agency.
                            ``(ii) Exclusions.--Notwithstanding any 
                        other provision of law, such term does not 
                        include, with respect to admission to federally 
                        assisted housing--
                                    ``(I) a conviction for a drug 
                                offense for which the person served a 
                                sentence of less than 10 years;
                                    ``(II) an offense or offenses 
                                related to fees or back payments 
                                associated with incarceration;
                                    ``(III) any other legal financial 
                                obligation; or
                                    ``(IV) a conviction for which the 
                                person was sentenced only to probation.
                    ``(B) Termination of tenancy or assistance.--
                            ``(i) In general.--The term `covered 
                        criminal conduct'--
                                    ``(I) means, with respect to 
                                termination of tenancy or assistance, 
                                criminal conduct committed by the 
                                tenant or any member of the household 
                                of the tenant while receiving Federal 
                                housing assistance, that threatens the 
                                health or safety of other tenants, the 
                                employees, or the owner or public 
                                housing agency; and
                                    ``(II) includes criminal conduct 
                                described in section 16(f)(1) of the 
                                United States Housing Act of 1937 (42 
                                U.S.C. 1437n(f)(1)).
                            ``(ii) Exclusions.--Such term does not 
                        include, with respect to termination of tenancy 
                        or assistance--
                                    ``(I) a misdemeanor;
                                    ``(II) an arrest for an offense for 
                                which the applicant was not 
                                subsequently adjudicated or convicted;
                                    ``(III) any juvenile adjudication 
                                or conviction, including convictions 
                                where a juvenile was tried as an adult;
                                    ``(IV) a conviction that has been 
                                expunged, sealed, or subject to similar 
                                judicial relief under State law;
                                    ``(V) criminal citations or 
                                infractions regardless of 
                                classification;
                                    ``(VI) non-criminal citations;
                                    ``(VII) a disposition received 
                                through successful completion of 
                                diversion, deferred adjudication, 
                                deferred entry of judgment, drug court, 
                                or similar judicial program under State 
                                law;
                                    ``(VIII) a conviction for which the 
                                person was sentenced only to probation;
                                    ``(IX) an offense or offenses 
                                related to fees or back payments 
                                associated with incarceration;
                                    ``(X) child support payments or 
                                back pay associated with barriers, 
                                including incarceration, homelessness, 
                                unemployment, or disability; or
                                    ``(XI) disciplinary infractions 
                                committed by elementary or secondary 
                                school students, or school related 
                                issues that are not criminal in nature, 
                                but may have led to justice 
                                involvement.'';
                    (E) in paragraph (3), as so redesignated--
                            (i) in subparagraph (G), by inserting 
                        ``or'' after the semicolon at the end;
                            (ii) in subparagraph (H), by striking ``; 
                        or'' and inserting a period; and
                            (iii) by striking subparagraph (I); and
                    (F) in paragraph (4), as so redesignated, by adding 
                after the period at the end the following: ``For 
                purposes of sections 576 and 577, such term does not 
                include an owner of federally assisted housing 
                described in paragraph (3)(B).''.

SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING.

    (a) Screening of Applicants.--Section 576 of the Quality Housing 
and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended to 
read as follows:

``SEC. 576. SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING.

    ``(a) Authority To Deny Admission for Criminal Conduct.--Except as 
otherwise provided by this section and in addition to any other 
authority to screen applicants, in selecting among applicants for 
admission to federally assisted housing or a federally assisted housing 
program, including persons seeking to join a household currently 
receiving Federal housing assistance, a public housing agency or owner 
of such housing (as applicable) may deny an applicant admission to the 
program or to federally assisted housing based on any criminal conduct 
only if the agency or owner determines, based on an individualized 
review of the totality of the circumstances, that the applicant or any 
member of the household of the applicant was engaged in covered 
criminal conduct, within a reasonable period of time preceding the date 
on which the applicant household would otherwise be admitted to the 
federally assisted housing or to the program.
    ``(b) Individualized Review of the Totality of the Circumstances.--
            ``(1) Requirement.--Before denying admission to an 
        applicant pursuant to subsection (a), a public housing agency 
        or owner of federally assisted housing shall conduct an 
        individualized review of the totality of the circumstances 
        regarding the criminal conduct at issue.
            ``(2) Review panel for public housing and tenant-based 
        rental assistance applicants.--
                    ``(A) In general.--
                            ``(i) Guidance for review panel.--The 
                        Secretary shall issue guidance requiring each 
                        public housing agency to establish a review 
                        panel to conduct the individualized review 
                        required under paragraph (1) with respect to 
                        applications for federally assisted housing 
                        specified in subparagraphs (A) and (B) of 
                        section 579B(3).
                            ``(ii) Mitigating evidence.--An applicant 
                        may present mitigating evidence for the review 
                        panel to determine whether the applicant should 
                        be admitted.
                    ``(B) Membership.--Each review panel described in 
                this paragraph shall include not less than 1 resident 
                representative.
                    ``(C) Notice.--Applicants shall be notified in 
                writing of their panel review not less than 14 days 
                before date of the review, and notice shall be provided 
                in accordance with subsection (c).
                    ``(D) Conviction information.--
                            ``(i) In general.--A public housing agency 
                        shall produce a detailed criminal conviction 
                        report to be used by the review panel in the 
                        review process.
                            ``(ii) Correction of errors.--If an 
                        applicant identifies an error on the criminal 
                        conviction report used by the review panel, the 
                        applicant shall have the opportunity to defer 
                        his or her application prior to panel review to 
                        correct the report.
                            ``(iii) Sharing.--A report described in 
                        this subparagraph shall be shared only with the 
                        applicant and members of the review panel.
                    ``(E) Burden of proof.--A public housing agency may 
                not deny admission to an applicant unless the agency 
                determines, by a preponderance of the evidence, that 
                the criminal conduct of the applicant renders the 
                applicant unfit for housing.
                    ``(F) Confidentiality.--
                            ``(i) Requirement.--All information 
                        gathered in the process of screening for 
                        criminal convictions shall be kept confidential 
                        and shall not be released unless the applicant 
                        agrees in writing or the release of the 
                        information is otherwise required by law.
                            ``(ii) Policy.--Public housing agencies 
                        shall establish a formal confidentiality policy 
                        with respect to screening for criminal 
                        convictions.
                    ``(G) Decision-making process.--A review panel 
                described in this paragraph shall--
                            ``(i) review the circumstances of an 
                        applicant and other available information, 
                        including any information the applicant chooses 
                        to bring to the attention of the review panel; 
                        and
                            ``(ii) not later than 7 days after the date 
                        on which the review begins, the review panel 
                        shall review all relevant information and 
                        determine whether, by a preponderance of the 
                        evidence, the criminal record of the applicant 
                        renders the applicant unfit for housing.
                    ``(H) Appeals.--
                            ``(i) In general.--Each applicant shall 
                        have a right to appeal a decision by a review 
                        panel under this paragraph to deny admission to 
                        housing, in accordance with any applicable 
                        regulations.
                            ``(ii) Appeal.--An applicant shall have 14 
                        days to appeal the determination made under 
                        subparagraph (G)(ii) and a request for such an 
                        appeal shall be made in writing.
                            ``(iii) Hearing.--Pursuant to a request 
                        made under clause (ii), the public housing 
                        agency shall hold an informal hearing and 
                        decide whether to uphold the initial 
                        determination within 7 days after the hearing.
                            ``(iv) Reservation of assistance.--The 
                        public housing agency shall hold the dwelling 
                        unit open or shall reserve the assistance under 
                        the federally assisted housing program, as the 
                        case may be, during the entire time of the 
                        appeals process under this subparagraph.
            ``(3) Non-discrimination.--When conducting an 
        individualized review under this section, a public housing 
        agency or owner of federally assisted housing shall comply with 
        applicable civil rights requirements under the Fair Housing Act 
        (42 U.S.C. 3601 et seq.), title VI of the Civil Rights Act of 
        1964 (42 U.S.C. 2000d et seq.), section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794), and titles II and 
        III of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12131 et seq., 12181 et seq.).
            ``(4) Review factors.--In conducting the reviews required 
        under paragraph (1), the public housing agency or owner shall 
        consider the following factors holistically, such that no 
        single factor is dispositive:
                    ``(A) Severity.--The severity of the criminal 
                offense or offenses committed.
                    ``(B) Time elapsed.--The amount of time elapsed 
                since the criminal offense or offenses were committed.
                    ``(C) Evidence of rehabilitation.--Evidence of 
                rehabilitation, including--
                            ``(i) the satisfactory compliance of a 
                        person with all terms and conditions of parole 
                        or probation, provided that the failure of the 
                        person to pay fines, fees, and restitution 
                        shall not be considered noncompliance with 
                        terms and conditions of parole or probation;
                            ``(ii) educational attainment or vocational 
                        or professional training, or employment since 
                        conviction, including training received or 
                        employment while incarcerated;
                            ``(iii) completion of or active 
                        participation in rehabilitative treatment, 
                        including alcohol or drug treatment;
                            ``(iv) letters of recommendation from 
                        community organizations, counselors, case 
                        managers, teachers, community leaders, parole 
                        officers, and probation officers who have 
                        observed the person;
                            ``(v) the familial relationship of a person 
                        with a person who may be currently residing in 
                        the dwelling unit in federally assisted housing 
                        that the applicant is applying for residence 
                        in; or
                            ``(vi) the age of the person at the time of 
                        the conviction.
                    ``(D) Reduction in sentence.--Whether the applicant 
                received a reduced sentence for the criminal offense or 
                offenses committed.
                    ``(E) Nature of offense.--The nature of the 
                criminal offense, which shall include the following:
                            ``(i) Offenses related to an individual's 
                        disability status.--Whether the criminal 
                        offense or offenses--
                                    ``(I) were committed by a member of 
                                the household who is an individual with 
                                disabilities who is entitled to a 
                                reasonable accommodation under the Fair 
                                Housing Act (42 U.S.C. 3601 et seq.) or 
                                section 504 of the Rehabilitation Act 
                                of 1974 (29 U.S.C. 794); and
                                    ``(II) are related to or resulted 
                                from a symptom of a disability of the 
                                member of the household who committed 
                                the criminal offense or offenses.
                            ``(ii) Proximity to assisted housing.--
                        Whether the criminal offense or offenses 
                        occurred on or near the federally assisted 
                        housing to which the application of the 
                        applicant relates, if applicable.
                            ``(iii) Offenses related to an individual's 
                        status as a victim of domestic violence.--
                        Whether the criminal offense or offenses 
                        committed arose from the status of a member of 
                        the household as a victim of domestic violence, 
                        dating violence, sexual assault, or stalking, 
                        as those terms are defined in section 40002 of 
                        the Violence Against Women Act of 1994 (34 
                        U.S.C. 12291).
                    ``(F) Other mitigating information.--Any other 
                mitigating information provided by the applicant, or 
                provided on behalf of the applicant, including any 
                information regarding the rehabilitation or good 
                conduct of the member of the household who committed 
                the criminal offense or offenses.
            ``(5) Guidance.--The Secretary shall issue guidance for 
        public housing agencies and owners to implement the requirement 
        to conduct individualized reviews in accordance with this 
        section.
    ``(c) Notices.--The Secretary shall require each public housing 
agency and owner of federally assisted housing to provide--
            ``(1) to each new applicant and each applicant upon 
        selection from the wait list for admission to federally 
        assisted housing or to a federally assisted housing program, at 
        the time of application and selection from the wait list, 
        written notice of the policy of the agency or owner pursuant to 
        this subtitle or any other provision of law regarding denial of 
        admission for criminal conduct, which shall include--
                    ``(A) notice of the authority under subsection (a) 
                to deny admission based on covered criminal conduct and 
                notice of the specific reasonable time period to which 
                such authority applies;
                    ``(B) notice of the requirement under subsection 
                (b) to consider the totality of the circumstances and 
                the right under subsection (b)(4) to present mitigating 
                evidence; and
                    ``(C) when applicable--
                            ``(i) a criminal conviction report that the 
                        public housing agency plans to provide to the 
                        review panel to be used in the individualized 
                        review of the applicant or a member of the 
                        household of the applicant; and
                            ``(ii) notice of right of a tenant to 
                        appear at the review panel and correct 
                        inaccuracies in his or her criminal conviction 
                        report; and
            ``(2) to an applicant, upon denial of an application for 
        admission to federally assisted housing or to a federally 
        assisted housing program--
                    ``(A) written notice of--
                            ``(i) the reason for the denial, including 
                        the specific criminal conduct on which the 
                        denial is based; and
                            ``(ii) the actions that the applicant may 
                        take to appeal the denial; and
                    ``(B) a copy of any documents that the public 
                housing agency or owner used to support its 
                determination of criminal conduct.
    ``(d) Opportunity To Remove Culpable Household Member.--
            ``(1) In general.--In the case of any covered criminal 
        conduct described in subsection (a) warranting denial of 
        admission to federally assisted housing, the public housing 
        agency or owner shall, before denying admission to the entire 
        applicant household, provide the applicant household with the 
        option of removing from the household the member or members who 
        would be cause for the denial in order for the remainder of the 
        household to be eligible for admission, and may only deny 
        admission if the applicant household refuses to exercise that 
        option.
            ``(2) Notice.--A public housing agency or owner shall 
        provide the applicant household with written notice of the 
        option required under paragraph (1) within a reasonable time 
        before notice of an adverse action relating to covered criminal 
        conduct described in subsection (a).
    ``(e) Prohibition on Drug and Alcohol Testing.--Notwithstanding any 
other provision of law, a public housing agency or owner of federally 
assisted housing may not require drug or alcohol testing of any 
applicant for admission to federally assisted housing or a federally 
assisted housing program as a condition of that housing assistance.
    ``(f) Compliance With Limited English Proficiency Requirements.--
Any notice required under this section to be provided to an applicant 
or applicant household shall be provided in multiple languages, 
consistent with guidance issued by the Secretary in accordance with 
Executive Order 13166 (42 U.S.C. 2000d-1 note; relating to access to 
services for persons with limited English proficiency).''.
    (b) Guidance.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Housing and Urban Development, after 
consultation with the Attorney General and an opportunity for public 
comment on the proposed guidance, shall issue the following guidance:
            (1) Individualized reviews regarding the totality of the 
        circumstances.--Guidance required under paragraph (5) of 
        section 576(b) of the Quality Housing and Work Responsibility 
        Act of 1998 (42 U.S.C. 13661(b)), as amended by subsection (a) 
        of this section, regarding reviews required under paragraph (1) 
        of such section 576(b).
            (2) Model notice to applicants.--Guidance setting forth 
        model notification forms for use by public housing agencies and 
        owners of federally assisted housing in meeting the 
        requirements of subsection (c) of section 576 of the Quality 
        Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661), 
        as added by subsection (b) of this section.

SEC. 4. REQUIREMENTS FOR TERMINATION OF TENANCY AND ASSISTANCE FOR 
              COVERED CRIMINAL CONDUCT BY TENANTS OF FEDERALLY ASSISTED 
              HOUSING.

    (a) Requirements for Termination.--Section 577 of the Quality 
Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is 
amended to read as follows:

``SEC. 577. REQUIREMENTS FOR TERMINATION OF TENANCY AND ASSISTANCE FOR 
              COVERED CRIMINAL CONDUCT BY TENANTS OF FEDERALLY ASSISTED 
              HOUSING.

    ``(a) Authority To Terminate for Criminal Conduct.--A public 
housing agency or owner of federally assisted housing may not terminate 
the tenancy of any tenant of federally assisted housing, or assistance 
for a household under any federally assisted housing program, based on 
any criminal conduct unless the agency or owner, as applicable, 
determines in accordance with this section that the conduct is covered 
criminal conduct, as defined in section 579B.
    ``(b) Individualized Review of the Totality of the Circumstances.--
            ``(1) Requirement.--In determining whether to terminate 
        tenancy or assistance to any household based on covered 
        criminal conduct by a household member or any guest or other 
        person under the control of a household member, a public 
        housing agency or an owner of federally assisted housing shall 
        conduct an individualized review of the totality of the 
        circumstances regarding the criminal conduct at issue, taking 
        into consideration the need of the household for housing and 
        the health and safety of the community.
            ``(2) Mitigating factors.--In conducting reviews required 
        under paragraph (1), a public housing agency or owner shall 
        consider all factors presented, including all of the factors 
        specified in section 576(b)(4), as appropriate, except that, 
        for purposes of this paragraph--
                    ``(A) subparagraph (C)(v) of such section shall be 
                applied by substituting `a member of the household' for 
                `the applicant'; and
                    ``(B) subparagraph (E)(ii) of such section shall be 
                applied by substituting `in which the household 
                resides' for `to which the application of the applicant 
                relates (if applicable)'.
            ``(3) Nondiscrimination.--When conducting an individualized 
        review under this section, a public housing agency or owner of 
        federally assisted housing shall comply with applicable civil 
        rights requirements under the Fair Housing Act (42 U.S.C. 3601 
        et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.), section 504 of the Rehabilitation Act of 1973 
        (29 U.S.C. 794), and titles II and III of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et 
        seq.).
            ``(4) Investigations and evidence presented by public 
        housing agency or owner of federally assisted housing.--
                    ``(A) Forced entry.--If conducting an investigation 
                into alleged criminal conduct committed by a tenant or 
                member of household of the tenant, the public housing 
                agency or owner of federally assisted housing may not 
                enter the rental property unless entry is authorized by 
                the tenant or a member of the household of the tenant.
                    ``(B) Evidence presented by public housing agency 
                or owner of federally assisted housing.--If presenting 
                evidence during the individualized review to 
                demonstrate that a household member or any guest or 
                other person under the control of a household member 
                engaged in covered criminal conduct, the public housing 
                agency or owner of federally assisted housing may only 
                present substantiated evidence.
            ``(5) Guidance.--The Secretary shall issue guidance for 
        public housing agencies and owners to implement the requirement 
        to conduct individualized reviews in accordance with this 
        subsection.
    ``(c) Option To Remove Culpable Household Member.--
            ``(1) In general.--In the case of any covered criminal 
        conduct warranting termination of tenancy or assistance, the 
        public housing agency or owner--
                    ``(A) shall, before proceeding with eviction or 
                termination proceedings against the entire tenant 
                household, provide the tenant with the option of 
                removing from the household the member that is culpable 
                for the conduct that warrants the termination in order 
                for the remainder of the household to continue to 
                reside in the assisted unit; and
                    ``(B) may only proceed with eviction proceedings if 
                the tenant refuses to exercise the option described in 
                subparagraph (A).
            ``(2) Lease or voucher bifurcation.--A public housing 
        agency or owner or manager of federally assisted housing may 
        bifurcate a lease for the housing or voucher in order to evict, 
        remove, or terminate assistance to any individual who is a 
        tenant or lawful occupant of the housing and who engages in 
        covered criminal conduct without evicting, removing, 
        terminating assistance to, or otherwise penalizing other 
        household members who are tenants or lawful occupants of the 
        housing.
            ``(3) Effect of eviction on other tenants.--
                    ``(A) In general.--If a public housing agency or 
                owner or manager of federally assisted housing evicts, 
                removes, or terminates assistance to an individual 
                under paragraph (2), and the individual is the sole 
                tenant eligible to receive assistance under a federally 
                assisted housing program, the public housing agency or 
                owner or manager of the federally assisted housing 
                shall provide any remaining tenant an opportunity to 
                establish eligibility for the federally assisted 
                housing.
                    ``(B) Extension.--If a tenant described in 
                subparagraph (A) cannot establish eligibility, the 
                public housing agency or owner or manager of the 
                housing shall provide the tenant a reasonable time of 
                not less than 120 days, as determined by the Secretary, 
                to find new housing or to establish eligibility for 
                housing under another Federal housing program.
            ``(4) Availability of remedies.--Paragraphs (1), (2), and 
        (3) shall not supersede any protections or remedies available 
        under the Violence Against Women Act of 1994 (34 U.S.C. 12291 
        et seq.).
    ``(d) Prohibition on Drug and Alcohol Testing.--Notwithstanding any 
other provision of law, a public housing agency or owner of federally 
assisted housing may not require drug or alcohol testing of any tenant 
of federally assisted housing or member of the household of the tenant 
as a condition of tenancy in that housing or continued receipt of that 
assistance.''.
    (b) Effective Date.--Section 577 of the Quality Housing and Work 
Responsibility Act of 1998, as amended by subsection (a) of this 
section, shall take effect and apply on the date of enactment of this 
Act.

SEC. 5. EVICTION STANDARDS, LEASE TERMS, AND OTHER LIMITATIONS FOR 
              PUBLIC HOUSING.

    Section 6 of the United States Housing Act of 1937 (42 U.S.C. 
1437d) is amended--
            (1) in subsection (k), by striking the matter following 
        paragraph (6);
            (2) in subsection (l)--
                    (A) in paragraph (5), by inserting ``, subject to 
                paragraph (6)'' before the semicolon at the end;
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) provide that the public housing agency may not 
        terminate the tenancy based on any criminal conduct unless the 
        agency determines, in accordance with section 577 of the 
        Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 
        13662), that the conduct is covered criminal conduct (as 
        defined in section 579B of such Act);'';
                    (C) in the second paragraph designated as paragraph 
                (7) (relating to occupancy in violation of section 
                576(b) of the Quality Housing and Work Responsibility 
                Act of 1998; as added by section 575(b)(4) of such Act 
                (Public Law 105-276; 112 Stat. 2635))--
                            (i) by striking ``any occupancy in 
                        violation of section 576(b) of the Quality 
                        Housing and Work Responsibility Act of 1998 
                        (relating to ineligibility of illegal drug 
                        users and alcohol abusers) or'';
                            (ii) by striking ``(relating to termination 
                        of tenancy and assistance for illegal drug 
                        users and alcohol abusers)''; and
                            (iii) by redesignating such paragraph as 
                        paragraph (8); and
                    (D) in paragraph (9)--
                            (i) in subparagraph (A), by striking ``; 
                        or'' at the end and inserting a period;
                            (ii) by striking ``if such tenant--'' in 
                        the matter preceding subparagraph (A) and all 
                        that follows through ``(A) is fleeing'' and 
                        inserting ``if such tenant is fleeing''; and
                            (iii) by striking paragraph (2);
            (3) in subsection (t)--
                    (A) in the subsection heading, by striking 
                ``Obtaining'' and inserting ``Prohibition on 
                Obtaining'';
                    (B) by striking paragraphs (1), (2), and (3) and 
                inserting the following:
            ``(1) Prohibition.--
                    ``(A) In general.--A public housing agency--
                            ``(i) may not require a person who applies 
                        for admission to public housing to provide 
                        consent that authorizes the agency to receive 
                        information from a drug abuse treatment 
                        facility that is related to--
                                    ``(I) whether the applicant is 
                                currently engaging in the illegal use 
                                of a controlled substance; or
                                    ``(II) the progress of the 
                                applicant in rehabilitation; and
                            ``(ii) and may not request an applicant to 
                        provide the consent described in clause (i).
                    ``(B) Written consent.--An applicant may 
                voluntarily provide the information described in 
                subparagraph (A), provide signed written consent for 
                the agency to receive that information, or provide 
                signed written consent for a drug abuse treatment 
                facility to provide that information to an a public 
                housing agency, for purposes of an individualized 
                review under section 576(b) of the Quality Housing and 
                Work Responsibility Act of 1998 (42 U.S.C. 13661(b)), 
                and an agency provided with that information shall 
                consider the information in conducting the 
                individualized review.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph may be construed to penalize or to authorize 
                any penalty for an applicant for not providing the 
                information or consent described in this paragraph.
            ``(2) Expiration of written consent.--An applicant's signed 
        written consent provided pursuant to paragraph (1) shall expire 
        automatically after the public housing agency has made a final 
        decision to either approve or deny the application of the 
        applicant for admittance to public housing.'';
                    (C) by striking paragraph (6); and
                    (D) by redesignating paragraphs (4), (5), (7), and 
                (8) as paragraphs (3), (4), (5), and (6), respectively; 
                and
            (4) by adding at the end the following:
    ``(u) Visitation Rights.--A public housing agency may prohibit 
visitation of a public housing dwelling unit by a non-tenant on the 
basis of criminal conduct by the non-tenant only if--
            ``(1) the conduct is covered criminal conduct, as defined 
        in section 579B of the Quality Housing and Work Responsibility 
        Act of 1998;
            ``(2) the agency has thoroughly considered--
                    ``(A) all mitigating factors, including the same 
                factors with respect to the non-tenant as are required 
                under subsection section 576(b) of such Act (42 U.S.C. 
                13661(b)) to be considered with respect to an applicant 
                for federally assisted housing; and
                    ``(B) the familial relationship between the tenant 
                and the non-tenant as mitigating factors;
            ``(3) in the case of any prohibition of visitation by a 
        non-tenant, the agency provides the tenant and non-tenant 
        involved with an opportunity, not less frequently than 
        annually, to request a redetermination with respect to the 
        prohibition at which the tenant and non-tenant may present any 
        new mitigating evidence;
            ``(4) the agency has provided the non-tenant with written 
        notice of the decision of the agency to prohibit visitation, 
        that--
                    ``(A) includes statements identifying the basis for 
                prohibition and setting forth the right of the non-
                tenant to present mitigating factors to overturn the 
                decision of the agency; and
                    ``(B) is provided in multiple languages, consistent 
                with guidance issued by the Secretary in accordance 
                with Executive Order 13166 (42 U.S.C. 2000d-1 note; 
                relating to access to services for persons with limited 
                English proficiency); and
            ``(5) the prohibition ends after a period of time that does 
        not exceed 3 years.
    ``(v) Screening and Eviction Policies for Privately Managed Public 
Housing and Housing Funded Under Certain Demonstration Programs.--
Notwithstanding any other provision of law, including subtitle F of the 
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et 
seq.), in the case of any public housing dwelling units or projects 
that are managed by an entity other than the public housing agency that 
owns the units or project, any units or projects subject to the Moving 
to Work demonstration program authorized under section 204 of the 
Departments of Veterans Affairs and Housing and Urban Development and 
Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 
Stat. 1321-281), and any units with assistance converted under the 
Rental Assistance Demonstration program authorized under title II of 
the Transportation, Housing and Urban Development, and Related Agencies 
Appropriations Act, 2012 (division C of Public Law 112-55; 125 Stat. 
673), those units and projects shall be subject to the screening and 
eviction policies established pursuant to this section and subtitle F 
of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 
13661 et seq.) by the agency that owns the units or projects.''.

SEC. 6. TERMINATION OF TENANCY AND TENANT SELECTION UNDER SECTION 8 
              RENTAL ASSISTANCE PROGRAM.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) is amended--
            (1) in subsection (d)(1)(B)--
                    (A) in clause (ii), by inserting ``, subject to 
                clause (iii)'' before the semicolon at the end; and
                    (B) by striking clause (iii) and inserting the 
                following:
            ``(iii) during the term of the lease, the owner may not 
        terminate the tenancy based on any criminal conduct unless the 
        owner determines, in accordance with section 577 of the Quality 
        Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662), 
        that the conduct is covered criminal conduct (as defined in 
        section 579B of such Act);'';
            (2) in subsection (o)(6)(B)--
                    (A) by striking ``(B) Selection of tenants.--Each'' 
                and inserting the following:
                    ``(B) Selection of tenants.--
                            ``(i) Function of owner.--Each'';
                    (B) in clause (i), as so designated--
                            (i) by striking ``dwelling unit)'' and 
                        inserting ``dwelling unit''; and
                            (ii) by inserting after ``shall be the 
                        function of the owner.'' the following: ``Any 
                        owner that screens applicants based on the 
                        criminal background of the applicant or any 
                        member of the applicant household, or other 
                        permissible grounds for denial under subtitle F 
                        of title V of the Quality Housing and Work 
                        Responsibility Act of 1998 (42 U.S.C. 13661 et 
                        seq.) or this section, shall provide each 
                        applicant, at the time of application, written 
                        notice that the owner is conducting the 
                        screening, which notice shall be provided in 
                        multiple languages, consistent with guidance 
                        issued by the Secretary in accordance with 
                        Executive Order 13166 (42 U.S.C. 2000d-1 note; 
                        relating to access to services for persons with 
                        limited English proficiency).'';
                    (C) by striking ``In addition'' and inserting the 
                following:
                            ``(ii) Screening.--In addition'';
                    (D) in clause (ii), as so designated, by inserting 
                before the period at the end the following: ``, except 
                that a public housing agency may not elect to screen 
                applicants for the program based on criminal conduct. 
                The preceding sentence may not be construed to limit or 
                affect the authority of a public housing agency under 
                section 576 of the Quality Housing and Work 
                Responsibility Act of 1998 (42 U.S.C. 13661)''; and
                    (E) by adding at the end the following:
                            ``(iii) Existing assisted families.--
                        Previously assisted or subsidized families 
                        being provided with tenant protection 
                        assistance authorized by law (including tenant 
                        protection vouchers, enhanced vouchers under 
                        subsection (t), or project-based vouchers under 
                        subsection (o)(13)), families who are porting 
                        their vouchers to a new jurisdiction, and 
                        assisted families who are moving to redeveloped 
                        public housing (including any units with 
                        assistance converted under the Rental 
                        Assistance Demonstration program authorized 
                        under title II of the Transportation, Housing 
                        and Urban Development, and Related Agencies 
                        Appropriations Act, 2012 (division C of Public 
                        Law 112-55; 125 Stat. 673)), shall not be 
                        considered new applicants under this paragraph 
                        and shall not be subject to elective re-
                        screening by a public housing agency.''; and
            (3) in subsection (q)(2)(B), by inserting before the 
        semicolon the following: ``, except that persons who have 
        exited a jail or prison shall be considered, for purposes of 
        this subparagraph, to be experiencing difficulty in obtaining 
        appropriate housing under the programs as determined by the 
        Secretary''.

SEC. 7. SCREENING AND TERMINATION OF TENANCY IN RURAL HOUSING PROGRAMS.

    (a) Covered Rural Housing Programs.--In this section, the term 
``covered rural housing programs'' means--
            (1) the program under section 515 of the Housing Act of 
        1949 (42 U.S.C. 1485) for rural rental and cooperative housing;
            (2) the loan and grant programs under sections 514 and 516 
        of such Act (42 U.S.C. 1484, 1486) for farm labor housing;
            (3) the program under section 533 of such Act (42 U.S.C. 
        1490m) for housing preservation grants;
            (4) the program under section 538 of such Act (42 U.S.C. 
        1490p-2) for loan guarantees for multifamily rural rental 
        housing;
            (5) the program under section 521(a) of such Act (42 U.S.C. 
        1490a) for rural housing rental assistance; and
            (6) the program under section 542 of such Act (42 U.S.C. 
        1490r) for rural housing rental voucher assistance.
    (b) Regulations.--The Secretary of Agriculture shall--
            (1) revise the regulations of the Secretary of Agriculture 
        regarding screening of applicants for admission to housing 
        assisted, and for housing assistance, under the covered rural 
        housing programs to provide that those regulations are 
        substantially similar to the regulations of the Secretary of 
        Housing and Urban Development relating to screening of 
        applicants for admission to federally assisted housing and to 
        federally assisted housing programs, pursuant to the United 
        States Housing Act of 1937 (42 U.S.C. 1437 et seq.), subtitle F 
        of the Quality Housing and Work Responsibility Act of 1998 (42 
        U.S.C. 13661 et seq.), and any other applicable laws; and
            (2) revise the regulations of the Secretary of Agriculture 
        regarding termination of tenancy in housing assisted, and 
        termination of housing assistance, under the covered rural 
        housing programs to provide that those regulations are 
        substantially similar to the regulations of the Secretary of 
        Housing and Urban Development relating to termination of 
        tenancy in federally assisted housing, and termination of 
        housing assistance, pursuant to the United States Housing Act 
        of 1937 (42 U.S.C. 1437 et seq.), subtitle F of the Quality 
        Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et 
        seq.), and any other applicable laws.
    (c) Timing; Consultation.--The Secretary of Agriculture shall issue 
the revised regulations required under subsection (b)--
            (1) after consultation with the Secretary of Housing and 
        Urban Development; and
            (2) not later than 180 days after the date described in 
        section 10.

SEC. 8. NO INTERFERENCE WITH STATE OR LOCAL REGULATORY AUTHORITY.

    This Act and the amendments made by this Act may not be construed 
to preempt any State or local regulations or requirements that do not 
prevent the application of the provisions of this Act or such 
amendments.

SEC. 9. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Housing and Urban Development shall issue any regulations 
necessary to carry out the amendments made by sections 2 through 6 of 
this Act (other than the amendment made by section 2(4)).

SEC. 10. EFFECTIVE DATE.

    Except as specifically provided otherwise in this Act, the 
amendments made by this Act shall be made on, and shall apply beginning 
upon, the effective date of the regulations issued pursuant to section 
9.
                                 <all>