[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3685 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3685

   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 HOUSE OF REPRESENTATIVES

                             July 10, 2019

Ms. Ocasio-Cortez introduced the following bill; which was referred to 
                  the Committee on Financial Services

_______________________________________________________________________

                                 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 
2018''.

SEC. 2. DEFINITIONS.

    Section 579 of the Quality Housing and Work Responsibility Act of 
1998 (42 U.S.C. 13664) is amended--
            (1) by striking ``(a) Definitions.--'';
            (2) by striking paragraph (1) and inserting the following 
        new paragraph:
            ``(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.''; and
            (3) in paragraph (3), 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 
        specified in paragraph (3)(B).''.

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

    (a) Definition of Covered Criminal Conduct.--Section 579 of the 
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13664), 
as amended by the preceding provisions of this Act, is further 
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(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 applicant's household 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 individual served 
                                a sentence of less than ten 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 
                                individual was sentenced only to 
                                probation.''.
    (b) 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 individuals 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 such applicant or any 
member of the applicant's household was engaged in covered criminal 
conduct, within a reasonable period of time preceding the date when 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) Requirement.--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). An 
                applicant may present mitigating evidence for the 
                review panel to determine whether the applicant should 
                be admitted.
                    ``(B) Membership.--Each committee review panel 
                shall include at least one resident representative.
                    ``(C) Notice.--Applicants shall be notified in 
                writing of their panel review at least 14 days before 
                date of the review. Notice shall be provided in 
                accordance with subsection (c) of this section.
                    ``(D) Conviction information.--A public housing 
                agency shall produce a detailed criminal conviction 
                report to be used by the panel in the review process. 
                If an applicant identifies an error on the criminal 
                conviction report used by the panel, the applicant 
                shall have the opportunity to defer his or her 
                application prior to panel review to correct the 
                report. The report 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 applicant's criminal conduct renders the applicant 
                unfit for housing.
                    ``(F) Confidentiality.--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 such release it is 
                otherwise required by law. Public housing agencies 
                shall establish a formal confidentiality policy.
                    ``(G) Decision-making process.--The panel shall 
                review the applicant's circumstances and other 
                available information, including any information the 
                applicant chooses to bring to the panel's attention. 
                Within 7 days, the panel shall review all relevant 
                information and members shall determine whether, by a 
                preponderance of the evidence, the applicant's criminal 
                record renders the applicant unfit for housing.
                    ``(H) Appeals.--Each applicant shall have a right 
                to appeal a decision by the panel to deny admission, in 
                accordance with current regulations. An applicant shall 
                have 14 days to appeal the determination and a request 
                for such an appeal shall be made in writing. Pursuant 
                to such a request, the public housing agency shall hold 
                an informal hearing and decide whether to uphold the 
                initial determination within 7 days after the hearing. 
                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.
            ``(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, title VI of the Civil Rights Act of 1964, section 504 of 
        the Rehabilitation Act of 1973, and titles II and III of the 
        Americans with Disabilities Act of 1990.
            ``(4) Review factors.--In conducting the reviews required 
        under paragraph (1), the public housing agency or owner which 
        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) a person's satisfactory compliance 
                        with all terms and conditions of parole or 
                        probation, provided that the person's failure 
                        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) a person's familial relationship 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 or section 504 of the 
                                Rehabilitation Act of 1974; 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 applicant's application 
                        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 a household member's 
                        status as a victim of domestic violence, dating 
                        violence, sexual assault, or stalking, as such 
                        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 the applicant's behalf, 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 such 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, a criminal conviction report 
                that the public housing agency plans to provide to the 
                review panel to be used in its individualized review of 
                the applicant or a member of the applicant's household, 
                and notice of a tenant's rights 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 such denial, including 
                        the specific criminal conduct on which the 
                        denial is based; and
                            ``(ii) the actions that the applicant may 
                        take to appeal such 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 such denial in order for the remainder of 
        the household to be eligible for admission, and may only deny 
        such admission if the applicant household refuses to exercise 
        such 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 such 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).''.
    (c) Guidance.--Not later than the expiration of the 180-day period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development, after consultation with the Attorney 
General of the United States 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, as such subsection is amended by subsection (b) 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, as added by the 
        amendment made 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) Definition of Covered Criminal Conduct.--Paragraph (2) of 
section 579 of the Quality Housing and Work Responsibility Act of 1998 
(42 U.S.C. 13664), as added by the preceding provisions of this Act, is 
further amended by adding at the end the following new subparagraph:
                    ``(B) Termination of tenancy or assistance.--
                            ``(i) In general.--The term `covered 
                        criminal conduct' means, with respect to 
                        termination of tenancy or assistance, criminal 
                        conduct committed by the tenant or any member 
                        of the tenant's household while receiving 
                        Federal housing assistance, that threatens the 
                        health or safety of other tenants, the 
                        employees, or the owner or public housing 
                        agency. Such term 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 
                                individual 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.''.
    (b) 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 such conduct is covered 
criminal conduct (as such term is 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 household's need 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 applicant's application 
                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, title VI of the 
        Civil Rights Act of 1964, section 504 of the Rehabilitation Act 
        of 1973, and titles II and III of the Americans with 
        Disabilities Act of 1990.
            ``(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 the tenant's household, 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 tenant's household.
                    ``(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 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 may 
        only proceed with eviction proceedings if the tenant refuses to 
        exercise such option.
            ``(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.--If 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. If a tenant described in the 
        preceding sentence 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) through (3) 
        shall not supersede any protections or remedies available under 
        the Violence Against Women Act of 1994 (42 U.S.C. 13925 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 a tenant's household as a 
condition of tenancy in such housing or continued receipt of such 
assistance.''.
    (c) Effective Date.--Section 577 of the Quality Housing and Work 
Responsibility Act of 1998, as amended by subsection (b) of this 
section, shall take effect and apply on the date of the enactment of 
this Act.

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

    (a) Administrative Grievance Procedures.--Subsection (k) of section 
6 of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is 
amended by striking the matter after and below paragraph (6).
    (b) Lease Terms.--Subsection (l) of section 6 of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended--
            (1) in paragraph (5), by inserting ``, subject to paragraph 
        (6)'' before the semicolon at the end;
            (2) by striking paragraph (6) and inserting the following 
        new paragraph:
            ``(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, that such 
        conduct is covered criminal conduct (as such term is defined in 
        section 579B of such Act);'';
            (3) 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))--
                    (A) 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'';
                    (B) by striking ``(relating to termination of 
                tenancy and assistance for illegal drug users and 
                alcohol abusers)''; and
                    (C) by redesignating such paragraph as paragraph 
                (8); and
            (4) in paragraph (9)--
                    (A) in subparagraph (A), by striking ``; or'' at 
                the end and inserting a period;
                    (B) 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
                    (C) by striking paragraph (2).
    (c) Prohibition on Obtaining Information From Drug Abuse Treatment 
Facilities.--Subsection (t) of section 6 of the United States Housing 
Act of 1937 (42 U.S.C. 1437d(t)) is amended--
            (1) in the subsection heading, by striking ``Obtaining'' 
        and inserting ``Prohibition on Obtaining'';
            (2) by striking paragraphs (1), (2), and (3) and inserting 
        the following new paragraphs:
            ``(1) Prohibition.--A public housing agency 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 whether the 
        applicant is currently engaging in the illegal use of a 
        controlled substance or the applicant's progress in 
        rehabilitation, and may not request such an applicant to 
        provide such consent. Such an applicant may voluntarily provide 
        such information, provide signed written consent for the agency 
        to receive such information, or provide signed written consent 
        for such a facility to provide such information to an 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 such information shall 
        consider such information in conducting such a review. Nothing 
        in this paragraph may be construed to penalize or to authorize 
        any penalty for an applicant for not providing such information 
        or consent.
            ``(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 applicant's application 
        for admittance to public housing.'';
            (3) by striking paragraph (6); and
            (4) by redesignating paragraphs (4), (5), (7), and (8) as 
        paragraphs (3), (4), (5), and (6), respectively.
    (d) Visitation Rights.--Section 6 of the United States Housing Act 
of 1937 (42 U.S.C. 1437d) is amended by adding at the end the following 
new subsection:
    ``(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 such non-tenant only if--
            ``(1) such conduct is covered criminal conduct, as such 
        term is 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 (b) of such section 576 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 such 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 such 
        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 agency's decision to prohibit visitation, that--
                    ``(A) includes statements identifying the basis for 
                prohibition and setting forth the non-tenant's right to 
                present mitigating factors to overturn the agency's 
                decision; 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) such prohibition ends after a period of time that 
        does not exceed three years.''.
    (e) Privately Managed Public Housing and Housing Funded Under 
Certain Demonstration Programs.--Section 6 of the United States Housing 
Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions 
of this section, is further amended by adding at the end the following 
new subsection:
    ``(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, 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), 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), such 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.

    (a) Termination of Tenancy in Projects With Project-Based 
Assistance.--Subparagraph (B) of section 8(d)(1) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended--
            (1) in clause (ii), by inserting ``, subject to clause 
        (iii)'' before the semicolon at the end; and
            (2) by striking clause (iii) and inserting the following 
        new clause:
            ``(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, that such conduct 
        is covered criminal conduct (as such term is defined in section 
        579B of such Act);''.
    (b) Selection of Tenants Under Voucher Program.--Subparagraph (B) 
of section 8(o)(6) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(6)(B)) is amended--
            (1) by striking ``(B) Selection of tenants.--Each'' and 
        inserting the following:
                    ``(B) Selection of tenants.--
                            ``(i) Function of owner.--Each'';
            (2) 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.; 
        relating to safety and security in public and assisted housing) 
        or this section, shall provide each applicant, at the time of 
        application, written notice that the owner is conducting such 
        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).'';
            (3) by striking ``In addition'' and inserting the 
        following:
                            ``(ii) Screening.--In addition'';
            (4) 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''; and
            (5) by adding at the end the following new clause:
                            ``(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.''.
    (c) Administrative Fees.--Subparagraph (B) of section 8(q)(2) of 
the United States Housing Act of 1937 (42 U.S.C. 1437f(q)(2)(B)) is 
amended 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) Regulations.--The Secretary of Agriculture shall--
            (1) revise the regulations of the Secretary regarding 
        screening of applicants for admission to housing assisted, and 
        for housing assistance, under the covered rural housing 
        programs (as such term is defined in subsection (b)) to provide 
        that such 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, subtitle F 
        of the Quality Housing and Work Responsibility Act of 1998, and 
        any other applicable laws; and
            (2) revise the regulations of the Secretary regarding 
        termination of tenancy in housing assisted, and termination of 
        housing assistance, under the covered rural housing programs to 
        provide that such 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, subtitle F of the Quality 
        Housing and Work Responsibility Act of 1998, and any other 
        applicable laws.
    (b) Covered Rural Housing Programs.--For purposes of 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.
    (c) Timing; Consultation.--The Secretary of Agriculture shall issue 
the revised regulations required under paragraph (1)--
            (1) after consultation with the Secretary of Housing and 
        Urban Development; and
            (2) not later than the expiration of the 180-day period 
        that begins upon the conclusion of the period specified in 
        section 10 of this Act.
    (d) Conforming Amendment.--Paragraph (3) of section 579 of the 
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13664), 
as so redesignated by the amendments made by section 3 of this Act, is 
further amended--
            (1) in subparagraph (G), by inserting ``or'' after the 
        semicolon at the end;
            (2) in subparagraph (H), by striking ``; or'' and inserting 
        a period; and
            (3) by striking subparagraph (I).

SEC. 8. DATA COLLECTION.

    (a) In General.--Subtitle F of the Quality Housing and Work 
Responsibility Act of 1998 (42 U.S.C. 13661 et seq.) is amended--
            (1) by redesignating section 579, as amended by the 
        preceding provisions of this Act, as section 579B; and
            (2) by inserting after section 578 (42 U.S.C. 13663) the 
        following new section:

``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 its review panel, 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 its review panel, 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 such denials pursuant to which 
                the applicant filed a request for informal review.
                    ``(E) The number of such denials 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).''.
    (b) Conforming Amendment.--Subsection (c) of section 578 of the 
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 
13663(c)) is amended by striking ``section 579(a)(2)'' and inserting 
``section 579B(3)''.

SEC. 9. COMPLIANCE.

    Subtitle F of the Quality Housing and Work Responsibility Act of 
1998 (42 U.S.C. 13661 et seq.), as amended by the preceding provisions 
of this Act, is further amended by inserting after section 579 (as 
added by section 8 of this Act) the following new section:

``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.''.

SEC. 10. 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. 11. REGULATIONS.

    The Secretary of Housing and Urban Development shall issue any 
regulations necessary to carry out the amendments made by sections 2 
through 6 and section 8 of this Act not later than the expiration of 
the 12-month period beginning on the date of the enactment of this Act.

SEC. 12. 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 
11.
                                 <all>