[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6070 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6070

     To amend the Fair Housing Act to better protect persons with 
                     disabilities and communities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2016

  Mr. Issa (for himself, Mr. Rohrabacher, Mr. Calvert, and Mrs. Mimi 
    Walters of California) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Fair Housing Act to better protect persons with 
                     disabilities and communities.

    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 ``Safe Recovery and Community 
Empowerment Act''.

SEC. 2. ZONING AND LICENSING OF RESIDENTIAL RECOVERY FACILITIES.

    The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by 
inserting after section 807 (42 U.S.C. 3607) the following:
    ``Sec. 807A.  Nothing in this title, or other Federal law, relating 
to protections for persons with disabilities, prohibits any local, 
State, or Federal government body from--
            ``(1) limiting by law, regulation, or ordinance the number 
        of residential recovery facilities within a particular area 
        zoned for residential housing, provided that the limitation--
                    ``(A) is necessary to preserve the residential 
                character of the zoned area;
                    ``(B) allows for a reasonable number of residential 
                recovery facilities to be located within the zoned 
                area; and
                    ``(C) does not place an overall cap on the number 
                of residential recovery facilities located within a 
                municipality or State; and
            ``(2) requiring that a residential recovery facility and 
        its owner or operator--
                    ``(A) obtain an operating license or use permit; or
                    ``(B) satisfies a set of consumer protection 
                standards.''.

SEC. 3. RESIDENTIAL RECOVERY FACILITY RESIDENTS' BILL OF RIGHTS.

    Residential recovery facilities receiving direct or indirect 
payments or reimbursements or other remunerations from Medicare, 
Medicaid, or any other Federal healthcare program, or via private 
insurance purchased on a Federal exchange or subsidized by the Federal 
Government, for either housing, recovery services, or testing or 
monitoring for drugs or alcohol, shall ensure the following:
            (1) Each residential recovery facility resident residing in 
        the home or receiving addiction treatment services be provided 
        a safe living environment completely free from illicit drugs, 
        alcohol, firearms, harassment, abuse, or harm.
            (2) Residential recovery facility residents live in a 
        licensed, or registered residence that has committed to 
        following standards approved by States and localities, if such 
        standards are in place.

SEC. 4. DEFINITIONS.

    Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by 
adding to the end the following:
    ``(p) `Current, illegal use of a controlled substance' means the 
discrete, occasional, frequent, or ongoing illegal use of a controlled 
substance at the present time or in the reasonably recent past.
    ``(q) `Residential recovery facility' means a residence that 
provides housing to individuals in recovery from drug or alcohol 
addiction with the promise of providing a clean and sober environment 
in return for direct or indirect payment to an owner, operator, or 
compensated staff person, including payment to a third party, a portion 
of which is then provided to the residential recovery facility owner or 
operator for their services.''.
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