Title: Eviction Crisis Act of 2019
Policy area: Housing and Community Development

Summary:
Eviction Crisis Act of 2019
This bill creates several grant programs to prevent at-risk tenants from being evicted and establishes consumer protections related to evictions.
Specifically, the bill
The Government Accountability Office must study evictions and report to Congress on the grants awarded under the bill, including best estimates of any amounts saved and any additional revenues generated.
Additionally, HUD must establish and maintain a database of data regarding various forms of eviction.
A tenant who is denied rental housing on the basis of information in a consumer report must be notified of such adverse action. Further, a copy of any consumer report generated in connection with an application for tenancy in rental housing must be given to the consumer. Eviction judgments and related suits where a judgment is rendered in favor of the tenant may not be included in any consumer reports.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3030 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3030

To require the Secretary of Housing and Urban Development to establish 
         a national evictions database, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2019

    Mr. Bennet (for himself, Mr. Portman, Mr. Young, and Mr. Brown) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Housing and Urban Development to establish 
         a national evictions database, 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 ``Eviction Crisis Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) based on the best available data, hundreds of 
        thousands, and potentially millions, of individuals and 
        families in the United States face eviction each year;
            (2) collecting more comprehensive and consistent data 
        through a national eviction database would foster a better 
        understanding of the causes and contours of the eviction crisis 
        as well as what efforts should be made to prevent evictions 
        that are costly to tenants, landlords, and communities or to 
        mitigate the consequences of evictions when they are 
        unavoidable;
            (3) expanded landlord-tenant community courts can offer 
        services that help tenants become current again on their 
        obligations or offer alternatives to eviction that avoid 
        homelessness or housing instability;
            (4) emergency assistance programs that provide short-term 
        support to tenants facing a temporary emergency can also help 
        prevent evictions and homelessness for low-income households;
            (5) past evictions or eviction filings can contribute to 
        the cycle of poverty by appearing on credit reports, and 
        tenants have a right to know whether a tenant screening report 
        contains inaccurate data that may impede their ability to pass 
        a background check and secure a stable home;
            (6) the Legal Services Corporation, established in 1974 
        under the Legal Services Corporation Act (42 U.S.C. 2996 et 
        seq.) and funded by Congress to provide grants for free civil 
        legal aid, has documented--
                    (A) the ongoing justice gap in which 86 percent of 
                the civil legal problems reported by low-income people 
                in the United States, including housing-related legal 
                issues, are handled with inadequate or no assistance 
                from an attorney or other legal professional; and
                    (B) that more than 50 percent of the legal problems 
                presented to legal aid organizations funded by the 
                Legal Services Corporation receive only limited or no 
                legal assistance due to lack of resources;
            (7) the National Center for Access to Justice determined 
        that in 79 percent of housing cases, the tenants are not 
        represented by a lawyer; and
            (8) funding for the Legal Services Corporation must be 
        substantially increased to enable grantees of the Legal 
        Services Corporation to provide legal assistance to all people 
        facing residential eviction who cannot afford adequate counsel.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrative eviction.--The term ``administrative 
        eviction'' means a ruling in favor of the landlord in an 
        administrative forum within a public housing agency, such as 
        grievance procedures, to recover possession of residential 
        property from a tenant, including a tenant residing in a public 
        housing dwelling unit or receiving tenant-based assistance or 
        project-based assistance under section 8 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f).
            (2) Court-ordered eviction.--The term ``court-ordered 
        eviction'' means a court ruling in favor of the landlord in a 
        legal action to recover possession of residential property from 
        a tenant, including a tenant residing in a public housing 
        dwelling unit or receiving tenant-based assistance or project-
        based assistance under section 8 of the United States Housing 
        Act of 1937 (42 U.S.C. 1437f).
            (3) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (4) Eviction filing.--The term ``eviction filing'' means a 
        filing by a landlord with the court of jurisdiction to initiate 
        a legal action to recover possession of residential property 
        from a tenant, including a tenant residing in a public housing 
        dwelling unit or receiving tenant-based assistance or project-
        based assistance under section 8 of the United States Housing 
        Act of 1937 (42 U.S.C. 1437f).
            (5) Executed eviction.--The term ``executed eviction'' 
        means a court order carried out by a sheriff's office or other 
        law enforcement agency that resulted in the landlord recovering 
        possession of residential property from a tenant, including a 
        tenant residing in a public housing dwelling unit or receiving 
        tenant-based assistance or project-based assistance under 
        section 8 of the United States Housing Act of 1937 (42 U.S.C. 
        1437f).
            (6) Illegal eviction.--The term ``illegal eviction'' means 
        self-help measures taken outside of the legal process for 
        eviction to recover possession of residential property from a 
        tenant, including a tenant residing in a public housing 
        dwelling unit or receiving tenant-based assistance or project-
        based assistance under section 8 of the United States Housing 
        Act of 1937 (42 U.S.C. 1437f), such as--
                    (A) willfully interrupting or permitting the 
                interruption of essential items of services required by 
                the rental agreement;
                    (B) blocking or attempting to block the entry of a 
                tenant upon the premises;
                    (C) changing the locks or removing the front door 
                of the premises;
                    (D) removing the belongings of a tenant; and
                    (E) any other action defined as a self-help 
                eviction under State landlord-tenant law.
            (7) Local ordinance impacting eviction.--The term ``local 
        ordinance impacting eviction'' means a local ordinance that is 
        designed to address the number of emergency services calls 
        resulting from assault, sexual harassment, stalking, disorderly 
        conduct, or another type of behavior, situation, or condition 
        that results in the need for emergency services, that results 
        in loss of housing or limit the housing opportunities for 
        victims of crime, including victims of domestic violence, or 
        individuals with disabilities who may require emergency 
        services, abnegating local landlord-tenant law by--
                    (A) requiring, encouraging, or permitting the 
                eviction of a tenant or resident because of a certain 
                number of calls for emergency services;
                    (B) requiring, encouraging, or permitting the 
                eviction of a tenant or resident because of an arrest 
                even though the arrest has not resulted in the 
                conviction of that tenant or resident; or
                    (C) requiring, encouraging, or permitting the 
                eviction of a tenant or resident because of criminal 
                activity occurring at or near the place of residence of 
                the tenant or resident for which that tenant or 
                resident has not been convicted.
            (8) Public housing; public housing agency.--The terms 
        ``public housing'' and ``public housing agency'' have the 
        meanings given those terms in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 4. LANDLORD-TENANT FOCUSED COMMUNITY COURTS.

    (a) In General.--The Attorney General, acting through the Bureau of 
Justice Assistance, shall award grants to States and local 
jurisdictions to support landlord-tenant focused community courts that 
offer a process with social service representatives who are available 
to provide assistance to tenants.
    (b) Goals for Process.--The process described in subsection (a) 
is--
            (1) intended to--
                    (A) divert landlords and tenants from proceeding 
                with a court-ordered eviction, which places costly 
                burdens on landlords, tenants, the court system, and 
                taxpayers; and
                    (B) help tenants who have fallen behind become 
                current again on their obligations or transition 
                tenants to a new stable home environment without losing 
                access to benefits and other support for which they are 
                eligible; and
            (2) not intended to keep tenants in housing that they will 
        be unable to afford.
    (c) Diversity Requirement.--In making grants under this section, 
the Attorney General shall ensure that landlord-tenant focused 
community courts--
            (1) are assisted in jurisdictions that serve urban areas, 
        suburban areas, and rural areas;
            (2) are assisted in serving communities that have high 
        rates of eviction and eviction filings or a large total number 
        of evictions and eviction filings, based on the best available 
        data;
            (3) provide assistance to individuals with limited English 
        proficiency;
            (4) provide effective communication with individuals with 
        disabilities; and
            (5) are located in facilities that are accessible to 
        individuals with disabilities.
    (d) Application.--A State or local jurisdiction desiring a grant 
under this section shall submit to the Attorney General an application 
at such time, in such manner, and containing--
            (1) a demonstrated unmet need in the community for a 
        landlord-tenant community court;
            (2) evidence of support from representatives of various and 
        diverse stakeholders within the community, including renters' 
        rights groups, landlords, and legal aid nonprofit 
        organizations;
            (3) a detailed description of how the grant will be spent;
            (4) a detailed description of how the landlord-tenant 
        community court will interact with the existing landlord-tenant 
        justice system of the State or local jurisdiction, as 
        applicable, including a description of which cases will be 
        diverted to the landlord-tenant community court;
            (5) a description of any local ordinance impacting 
        eviction;
            (6) a description of how the landlord-tenant community 
        court will not be designed to lengthen the process of pursuing 
        a legitimate eviction, limit the access of landlords to the 
        traditional justice system, or curtail the right of landlords 
        to evict; and
            (7) any other information as the Attorney General may 
        require, including information sought in consultation with the 
        Secretary.
    (e) Data.--Beginning 1 year after the date on which a State or 
local jurisdiction receives a grant under this section, and not later 
than 2 years after that date, the State or local jurisdiction, as 
applicable, shall submit to the Attorney General and the Secretary a 
report containing--
            (1) any aggregate data on landlord-tenant cases filed in 
        that State or local jurisdiction as the Attorney General or the 
        Secretary may require;
            (2) the data described in subparagraphs (A) and (B) of 
        section 5(b)(1) and section 5(b)(2), as applicable; and
            (3) any other information as the Attorney General or the 
        Secretary may require.
    (f) Awarding Grants.--The Attorney General may award grants under 
this section in 3 rounds, with not fewer than 5 grants awarded in the 
first round.
    (g) Matching Requirement.--
            (1) In general.--As a condition of a grant provided under 
        this section, the Attorney General shall require the recipient 
        of the grant to contribute an amount equal to or more than the 
        amount of the grant, obtained solely from non-Federal sources.
            (2) Form.--In addition to cash or other direct funding, the 
        contribution required by the Attorney General under paragraph 
        (1) may include indirect costs or in-kind contributions paid 
        for under non-Federal programs.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 5. NATIONAL DATABASE OF EVICTIONS.

    (a) Establishment of Database.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall establish and 
maintain a database that--
            (1) is accessible to the Office of Policy Development and 
        Research and the Office of Fair Housing and Equal Opportunity 
        of the Department and other employees of the Department as 
        determined necessary by the Secretary;
            (2) includes the data described in subsection (b) with 
        respect to court-ordered evictions, administrative evictions, 
        and illegal evictions in the United States; and
            (3) ensures appropriate security to prevent improper 
        disclosure of that data.
    (b) Contents.--The database established under subsection (a) shall 
contain the following data:
            (1) Data on each court-ordered or administrative 
        eviction.--With respect to each court-ordered or administrative 
        eviction case filed on or after the date on which the database 
        is established:
                    (A) Information on the tenant who is the defendant, 
                including--
                            (i) the name of the tenant;
                            (ii) the address of the residential 
                        property and the type of housing;
                            (iii) the number of household members 
                        residing in the property, including the number 
                        of children; and
                            (iv) whether the tenant is a recipient of 
                        tenant-based or project-based assistance under 
                        section 8 of the United States Housing Act of 
                        1937 (42 U.S.C. 1437f).
                    (B) Information on the landlord who filed the 
                court-ordered or administrative eviction case, 
                including--
                            (i) the name of the landlord;
                            (ii) the name of the attorney or legally 
                        permitted representative of the landlord, or an 
                        indication that the landlord was self-
                        represented;
                            (iii) any amount that the landlord alleges 
                        that the tenant owes, including any penalties 
                        and attorney's fees; and
                            (iv) any costs incurred by the landlord for 
                        engaging in the eviction process, including--
                                    (I) court costs, such as filing 
                                fees;
                                    (II) the cost of legal 
                                representation; and
                                    (III) the cost to set out a tenant.
                    (C) Procedural data on the court-ordered or 
                administrative eviction case, including--
                            (i) the date, if applicable, on which the 
                        tenant was served with a notice to quit;
                            (ii) the date of the initial court filing 
                        by the landlord;
                            (iii) the reason why the landlord filed for 
                        eviction, such as nonpayment or breach of 
                        lease;
                            (iv) whether the eviction was as a result 
                        of the enforcement of a local ordinance 
                        impacting eviction;
                            (v) the final outcome of the court-ordered 
                        or administrative eviction case, including--
                                    (I) the disposition of the case, 
                                including whether the initial hearing 
                                resulted in a default judgment, 
                                dismissal, consent agreement, 
                                settlement, or trial;
                                    (II) the date of final disposition;
                                    (III) any amount owed to the 
                                landlord or tenant, if any, and over 
                                what time period;
                                    (IV) whether a judgment was made in 
                                favor of the tenant for code violations 
                                or warranty of habitability claims;
                                    (V) the overall outcome of the 
                                case, including whether the tenant paid 
                                any amounts to the landlord and whether 
                                the tenant stayed in the housing or was 
                                evicted from the housing; and
                                    (VI) whether the tenant had legal 
                                representation and the nature of that 
                                representation, including a lawyer, a 
                                law student participating in a clinic, 
                                or another non-lawyer trained to 
                                represent clients in landlord-tenant 
                                court, or whether the tenant was a 
                                lawyer representing himself or herself;
                            (vi) the total court fees incurred by the 
                        tenant, separated into categories of fees;
                            (vii) the total court fees incurred by the 
                        landlord;
                            (viii) whether the landlord had appeared in 
                        landlord-tenant court for a court-ordered or 
                        administrative eviction matter involving the 
                        landlord in the 6 month, 1 year, or 2 year-
                        period preceding the court-ordered or 
                        administrative eviction case; and
                            (ix) whether the tenant had appeared in 
                        landlord-tenant court for a court-ordered or 
                        administrative eviction matter involving the 
                        landlord in the 6 month, 1 year, or 2 year-
                        period preceding the court-ordered or 
                        administrative eviction case.
            (2) Aggregate data on court-ordered or administrative 
        eviction cases.--Aggregate data on court-ordered or 
        administrative eviction cases filed on or after the date on 
        which the database is established, including--
                    (A) the total number of cases filed, including a 
                breakdown by--
                            (i) the number of cases filed for 
                        nonpayment, other breach of lease, both 
                        nonpayment and breach of lease, and any other 
                        reason;
                            (ii) the number of cases filed because of 
                        the enforcement of a local ordinance impacting 
                        eviction; and
                            (iii) the outcome of the dispositive 
                        hearing, including default judgment, dismissal, 
                        a consent agreement, a trial, and a settlement 
                        with or without mediation;
                    (B) the number of tenants and landlords who showed 
                up for the dispositive hearing of a court-ordered or an 
                administrative eviction case, and how many were 
                represented by counsel;
                    (C) the average duration of a court-ordered or an 
                administrative eviction case, including the average 
                time from filing to first hearing;
                    (D) the average amount allegedly owed by a tenant, 
                per landlord;
                    (E) the average months of rent allegedly owed by a 
                tenant;
                    (F) the average amount paid by a tenant to resolve 
                the case and stay in the housing;
                    (G) the number of court-ordered or administrative 
                eviction cases resulting in a judgment in favor of the 
                tenant due to code violations or warranty of 
                habitability claims;
                    (H) the number and percentage of court-ordered or 
                administrative eviction cases broken down by age 
                bracket;
                    (I) the number and percentage of court-ordered or 
                administrative eviction cases with a tenant or 
                household with children;
                    (J) the number of tenants evicted from public 
                housing, broken down by each public housing agency;
                    (K) the number of tenants evicted from dwelling 
                units who were receiving tenant-based assistance or 
                project-based assistance under section 8 of the United 
                States Housing Act of 1937 (42 U.S.C. 1437f); and
                    (L) the number of court-ordered or administrative 
                eviction or cases where late fees were collected from 
                tenants by landlords, and the average amount of late 
                fees in those cases.
            (3) Data on executed evictions.--Local law enforcement or 
        any other official who executes an eviction shall report to the 
        adjudicating court or administrative forum sufficient data on 
        each executed eviction, such that the court may determine which 
        court-ordered or administrative evictions resulted in a law 
        enforcement officer or other local official removing the 
        tenant.
            (4) Data on tenant status following a court-ordered or 
        administrative eviction.--Each court or administrative forum 
        responsible for adjudicating evictions should contact landlords 
        to determine whether tenants who were the subject of a court-
        ordered or administrative eviction were removed or remained in 
        the property 90 days after the court-ordered or administrative 
        eviction.
            (5) Data on each illegal eviction.--With respect to each 
        illegal eviction occurring on or after the date on which the 
        database is established, as reported by local governments and 
        nonprofit organizations receiving grants under section 6:
                    (A) The data described in paragraph (1)(A).
                    (B) Information on the landlord, including--
                            (i) the name of the landlord; and
                            (ii) any amount that the landlord alleges 
                        that the tenant owes, including any penalties.
                    (C) The reason the tenant was evicted.
                    (D) If the tenant was evicted for nonpayment, the 
                amount owed.
                    (E) If the tenant was evicted for nonpayment, the 
                total number of months owed.
                    (F) Whether the tenant was evicted because of the 
                enforcement of a local ordinance impacting eviction.
            (6) Aggregate data on illegal evictions.--Aggregate data on 
        illegal eviction cases occurring on or after the date on which 
        the database is established, as reported by local governments 
        and nonprofit organizations receiving grants under section 6, 
        including--
                    (A) the average amount owed by a tenant, per 
                landlord;
                    (B) the average months of rent owed by a tenant;
                    (C) the number and percentage of illegal eviction 
                cases broken down by age bracket;
                    (D) the number and percentage of illegal eviction 
                cases with a tenant or household with children;
                    (E) the number and percentage of illegal eviction 
                cases broken down by race and ethnicity;
                    (F) the number and percentage of illegal eviction 
                cases broken down by gender;
                    (G) the number and percentage of illegal eviction 
                cases broken down by disability status; and
                    (H) the number and percentage of illegal eviction 
                cases based on the enforcement of a local ordinance 
                impacting eviction.
    (c) Submission of Data.--
            (1) Submission by courts.--Not later than March 1 of each 
        year, the Attorney General of each State shall submit to the 
        Secretary data on court-ordered eviction cases that occurred in 
        that State during the preceding calendar year for inclusion in 
        the database established under this section.
            (2) Submission to secretary.--
                    (A) In general.--The Attorney General of the State 
                shall--
                            (i) ensure the accuracy and consistency of 
                        the data submitted under paragraph (1); and
                            (ii) upon receipt of the data, aggregate 
                        the data and report the individual and 
                        aggregate data to the Secretary in a timely 
                        manner.
                    (B) Submission by courts.--If the Attorney general 
                of the State fails to submit the data described in 
                paragraph (1) to the Secretary in a timely manner under 
                subparagraph (A), the clerk of each State or local 
                court that handles landlord-tenant cases may submit the 
                data directly to the Secretary.
    (d) Guidelines.--The Secretary shall promulgate rules and establish 
guidelines for the submission of data under subsection (c) and 
publication of data in the database established under this section, 
which shall include--
            (1) a technological solution that provides a single point 
        of entry for data submissions to reduce the burden on clerks of 
        the courts;
            (2) in consultation with local governments and judges, 
        appropriate safeguards for protecting the privacy of personally 
        identifiable information of vulnerable populations, which shall 
        incorporate confidentiality measures to ensure that any 
        personally identifiable information regarding a tenant who is a 
        victim of domestic violence, dating violence, sexual assault, 
        or stalking is not disclosed during the process of data 
        submission and publication;
            (3) standards for--
                    (A) external researchers to be granted permission 
                to access data in the database, including both 
                aggregate data and, if necessary for the conduct of 
                their research, personally identifiable information, 
                with appropriate safeguards to ensure identities are 
                protected in any publicly released analysis;
                    (B) the establishment of a research data center to 
                support analysis of that data; and
                    (C) using generally accepted statistical principles 
                to validate the data, in consultation with outside 
                participants;
            (4) methods for collecting data required under subsection 
        (b) that are not currently collected;
            (5) establishing definitions for terms related to the 
        eviction process based on how they are legally defined by 
        courts of jurisdiction handling eviction cases; and
            (6) standards for local officials to identify and designate 
        social services agencies that may access the database to 
        provide targeted social services to those tenants.
    (e) Annual Reports.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Secretary shall 
make publicly available a report on the contents of the database 
established under this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 6. GRANT PROGRAM TO COLLECT DATA ON ILLEGAL EVICTIONS.

    (a) In General.--The Secretary shall award grants to local 
governments and nonprofit organizations to set up programs to collect 
data from landlords on illegal evictions in the United States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
fiscal years 2020 through 2024 to provide grants under this section.

SEC. 7. ADVISORY COMMITTEE.

    (a) In General.--The Secretary shall establish an advisory 
committee to be known as the Committee on Eviction Research (in this 
section referred to as the ``Committee'') to advise the Secretary on 
matters relating to--
            (1) the creation, operation, maintenance, methodology, and 
        privacy matters of the statistical efforts relating to the 
        database established under section 5;
            (2) developing a research agenda to determine the causes 
        and consequences of evictions; and
            (3) illuminating policies or practices that reduce the 
        number of evictions or mitigate the consequences of evictions.
    (b) Membership.--
            (1) In general.--The Committee shall be composed of 14 
        members who shall be appointed by the Secretary, in 
        consultation with the chair and ranking member of the Committee 
        on Banking, Housing, and Urban Affairs of the Senate and the 
        chair and ranking member of the Committee on Financial Services 
        of the House of Representatives, of whom--
                    (A) 2 members shall be employees of the Department 
                with expertise in housing data and an interest in 
                issues relating to evictions and housing instability;
                    (B) 2 member shall be representatives of landlords;
                    (C) 5 members shall be from the academic or 
                research community;
                    (D) 3 members shall be from civil society, of whom 
                not less than 2 shall be from entities that advocate 
                for civil rights related to housing or eviction; and
                    (E) 2 members shall be from private industry, civil 
                society, or the academic community with backgrounds in 
                data science and privacy.
            (2) Chair.--The Secretary shall appoint a chair of the 
        Committee from among the members of the Committee.
            (3) Period of appointment; vacancies.--
                    (A) In general.--A member of the Committee shall be 
                appointed for a period of 2 years.
                    (B) Vacancies.--A vacancy in the Committee--
                            (i) shall not affect the powers of the 
                        Committee; and
                            (ii) shall be filled in the same manner as 
                        the original appointment.
    (c) Meetings.--The Committee shall meet--
            (1) in person not less frequently than twice each year; and
            (2) via teleconference not less frequently than once every 
        2 months.
    (d) Powers.--In carrying out the duties of the Committee, the 
Committee may--
            (1) hold such hearings, sit, and act at such times and 
        places, take such testimony, and receive such evidence as the 
        Committee determines to be appropriate;
            (2) issue reports, guidelines, and memoranda;
            (3) hold or host conferences and symposia;
            (4) enter into cooperative agreements with third-party 
        experts to obtain relevant advice or expertise, and oversee 
        staff;
            (5) establish subcommittees; and
            (6) establish rules of procedure.
    (e) Gifts.--The Committee may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Travel Expenses.--The members of the Committee shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of service for the Committee.
    (g) Staff.--
            (1) In general.--The chair of the Committee may, without 
        regard to the civil service laws (including regulations), 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties, except that the employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The chair of the Committee may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of that title.
    (h) Report.--Not later than 90 days after the date on which the 
Committee terminates, the Committee shall submit to the Secretary a 
report containing--
            (1) recommendations for statistical efforts relating to the 
        database established under section 5, including how additional 
        data may potentially be collected, consistent with civil rights 
        protections, to understand eviction trends by race, gender, 
        disability status, ethnicity, age, and immigration status; and
            (2) a research agenda to determine the causes and 
        consequences of evictions and to illuminate policies or 
        practices that reduce the number of evictions or mitigate the 
        consequences of evictions, including an assessment of the 
        housing challenges resulting from the prohibition on public 
        housing participation due to the prior eviction of an 
        individual.
    (i) No Additional Funds.--The amounts necessary to carry out this 
section shall be derived from amounts appropriated or otherwise made 
available to the Secretary.

SEC. 8. EMERGENCY ASSISTANCE FUND GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a competitive grant 
program under which the Secretary shall award grants to States, local, 
and Tribal governments to establish crisis assistance programs to 
prevent extremely low-income households from experiencing housing 
instability, including an imminent risk of eviction or homelessness, by 
providing short-term financial assistance and housing stabilization 
services.
    (b) Designation.--A State, local, or Tribal government that 
receives a grant under this section may designate 1 or more entities to 
carry out programs in accordance with this section.
    (c) Household Eligibility.--A household that is eligible to receive 
assistance under a program established by a recipient of a grant under 
this section (in this section referred to as an ``eligible household'') 
shall--
            (1) be extremely low-income, with an income at or below the 
        Federal poverty limit or 30 percent of the area median income, 
        whichever is higher; and
            (2) demonstrate to the grant recipient that the household 
        is at risk of experiencing homelessness or housing instability 
        and is experiencing a short-term crisis, which may include--
                    (A) a past due utility or rent notice or eviction 
                notice;
                    (B) a decline in household income;
                    (C) a family or health crisis;
                    (D) unexpected expenses;
                    (E) unsafe or unhealthy living conditions; and
                    (F) any other event as determined by the Secretary.
    (d) Limitation.--An eligible household may not receive assistance 
under this section for more than one 90-day period during each calendar 
year.
    (e) Use of Funds.--
            (1) In general.--A recipient of a grant under this section 
        shall--
                    (A) use grant amounts to help eligible households 
                overcome a short-term crisis impacting housing 
                stability and provide financial assistance and housing 
                stability-related services to those eligible 
                households; and
                    (B) evaluate the eligibility of households in a 
                manner consistent with Federal nondiscrimination 
                requirements.
            (2) Financial assistance.--Not less than 75 percent of 
        amounts received by a recipient of a grant under this section 
        shall be used to provide financial assistance to eligible 
        households, including the payment of rent, utilities, and other 
        housing-related expenses.
            (3) Housing stability-related services.--Not more than 25 
        percent of amounts received by a recipient of a grant under 
        this section shall be used to provide housing stability-related 
        services to eligible households, including--
                    (A) services for case management, including 
                community resources to negotiate and resolve non-
                financial, non-legal issues to keep individuals and 
                families housed;
                    (B) rehousing services;
                    (C) services to connect those eligible households 
                to other public supports, including long-term housing 
                assistance; and
                    (D) referrals to other services for behavioral, 
                emotional, and mental health issues, domestic violence, 
                child welfare issues, employment, substance abuse 
                treatment, or other services.
            (4) Evaluation.--Not more than 5 percent of amounts 
        received by a recipient of a grant under this section may be 
        used to conduct rigorous evaluations of the effectiveness of 
        the activities of the recipient in preventing housing 
        instability.
            (5) Administrative costs.--Grant amounts shall not be used 
        by a recipient of a grant under this section to cover 
        administrative costs that are not incurred in carrying out 
        paragraph (2), (3), or (4).
    (f) Criteria.--The Secretary, in consultation with the Secretary of 
Health and Human Services and the Secretary of Agriculture, shall 
develop criteria to evaluate each application for a grant under this 
section, which shall--
            (1) include consideration of--
                    (A) the need within the community to be served by 
                the applicant for a program described in subsection 
                (a);
                    (B) the capacity and interest of the applicant in 
                delivering housing stability interventions and 
                connecting eligible households to other public 
                benefits;
                    (C) the prior performance of the applicant in 
                providing similar forms of assistance, including 
                whether the applicant, in providing those similar forms 
                of assistance, has any unresolved, systemic civil 
                rights violations;
                    (D) a demonstration of collaboration with other 
                entities that provide resources to help eligible 
                households eligible under a program established using 
                grant amounts;
                    (E) a demonstration of support from local elected 
                officials, community leaders, residents, and other key 
                stakeholders, including as civil rights organizations;
                    (F) a comprehensive plan to improve housing 
                stability among not less than 1 at-risk population;
                    (G) the interest in and willingness of the 
                applicant to conduct a rigorous evaluation of the 
                effectiveness of the programs to be established using 
                grant amounts;
                    (H) the estimated impact of the programs to be 
                established by the applicant;
                    (I) a commitment to provide new matching funds from 
                non-Federal sources as required under subsection (g); 
                and
                    (J) such other factors as the Secretary may 
                require; and
            (2) ensure geographic diversity among the grantees.
    (g) Matching Amounts.--
            (1) In general.--The Secretary shall establish a sliding 
        scale for matching funding requirements under this section, 
        based on the size and resources of the jurisdiction, except 
        that each grantee shall provide new matching funds of not less 
        than 25 percent of the grant amount from non-Federal sources.
            (2) Form.--Subject to paragraph (3), a grantee shall 
        provide matching funds in the form of cash or an in-kind 
        contribution.
            (3) Limitations on in-kind contributions.--A grantee may 
        provide matching funds under paragraph (1) in the form of an 
        in-kind contribution for the cash value of services provided a 
        community served by a grantee by an entity other than the 
        grantee only if there is a memorandum of understanding between 
        the grantee and the other entity that those services will be 
        provided.
    (h) Continuous Improvement.--The Secretary shall establish a 
process that incorporates findings from rigorous evaluations of 
programs established by grant recipients under this section into the 
design of subsequent grant competitions.
    (i) Evaluation of Grantees.--
            (1) In general.--The Secretary shall--
                    (A) evaluate each recipient of a grant under this 
                section using information requested by the Secretary, 
                including an evaluation of--
                            (i) the ease with which eligible households 
                        are able to access assistance;
                            (ii) the effectiveness of the programs' 
                        intervention models in preventing housing 
                        instability in general and for eligible 
                        households of different types and income 
                        levels;
                            (iii) the cost-effectiveness of the 
                        programs; and
                            (iv) other indicators as determined by the 
                        Secretary;
                    (B) publicly disseminate, through internet websites 
                and other means, interim findings as soon as they 
                become available relating to programs established by 
                recipients of a grant under this section; and
                    (C) make the evaluations described in subparagraph 
                (A) publicly available.
    (j) Report.--Not later than 5 years after the establishment of the 
competitive grant program under this section, the Secretary shall 
submit to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the House of 
Representatives and publish in the Federal Register a report--
            (1) evaluating the effectiveness of the strategies pursued 
        under the grant program; and
            (2) that includes recommendations for any necessary changes 
        to law and a plan to expand the grant program to the scale 
        necessary to address housing instability.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2020 through 2024 to carry out this section.

SEC. 9. TENANT SCREENING REPORTS.

    The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended--
            (1) in section 603(k)(1)(B) (15 U.S.C. 1681a(k)(1)(B))--
                    (A) by redesignating clause (iv) as clause (v);
                    (B) in clause (iii), by striking ``and'' at the 
                end; and
                    (C) by inserting after clause (iii) the following:
                            ``(iv) a denial of rental housing or any 
                        other decision in connection with evaluating a 
                        consumer applying for tenancy in rental 
                        housing; and'';
            (2) in section 604 (15 U.S.C. 1681b), by adding at the end 
        the following:
    ``(h) Additional Requirement Relating to Use of Consumer Report for 
Rental Housing.--If a person procures a consumer report, or causes a 
consumer report to be procured, from a consumer reporting agency in 
connection with evaluating a consumer applying for tenancy in rental 
housing, the consumer reporting agency shall provide to the consumer a 
copy of the consumer report.''; and
            (3) in section 605(a) (15 U.S.C. 1681c(a)), by adding at 
        the end the following:
            ``(9) Eviction judgments and related suits in instances of 
        an eviction judgment that is in the favor of the tenant.''.

SEC. 10. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a comprehensive qualitative and quantitative study to--
            (1) track evictions during the 30-year period preceding the 
        date of enactment of this Act;
            (2) analyze local eviction laws, regulations, and judicial 
        process; and
            (3) assess the factors that contribute to evictions and 
        whether those factors differ in urban areas versus suburban and 
        rural areas, as well as across different protected class 
        groups, including race, color, national origin, religion, sex, 
        familial status, disability status, and age.
    (b) Report.--Not earlier than 5 years but not later than 6 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report on the grants awarded 
pursuant to sections 4, 6, and 8 of this Act, including best estimates 
of the amount saved, if any, at all levels of government on housing, 
medical, or social welfare programs, as well as any additional revenues 
generated by participants being more likely to remain employed or for 
other reasons.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 11. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to--
            (1) deny a landlord the ability to file and execute an 
        eviction for a lawful reason; or
            (2) change the standards for determining a violation of the 
        Fair Housing Act (42 U.S.C. 3601 et seq.).
                                 <all>