Text: H.R.5085 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (04/27/2016)

 
[Congressional Bills 114th Congress]
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[H.R. 5085 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5085

   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

                             April 27, 2016

 Ms. Maxine Waters of California 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 
2016''.

SEC. 2. DEFINITION OF COVERED CRIMINAL ACTIVITY.

    Section 579(a) of the Quality Housing and Work Responsibility Act 
of 1998 (42 U.S.C. 13664(a)) is amended by striking paragraph (1) and 
inserting the following new paragraph:
            ``(1) Covered criminal activity.--The term `covered 
        criminal activity' means, with respect to federally assisted 
        housing--
                    ``(A) any criminal activity that threatens the 
                health, safety, or right to peaceful enjoyment of the 
                premises by other tenants, the employees, or the owner 
                or public housing agency, including any violent 
                criminal activity on such premises, engaged in by a 
                tenant, any member of the tenant's household, or any 
                guest or other person under the tenant's control and 
                acting with the tenant's knowledge; or
                    ``(B) any violent criminal activity off such 
                premises engaged in by a tenant or any member of the 
                tenant's household that poses risk of future harm to 
                other tenants, employees, or the public housing agency 
                or owner.
        Such term includes criminal activity that has resulted in a 
        lifetime registration requirement specified in section 578(a) 
        (42 U.S.C. 13663(a)) and criminal activity described in section 
        16(f)(1) of the United States Housing Act of 1937 (42 U.S.C. 
        1437n(f)(1)).''.

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

    (a) In General.--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 Certain Criminal Activity.--
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 to the program, only if the 
public housing agency or owner of such housing (as applicable) 
determines that an applicant or any member of the applicant's household 
was, during a reasonable time preceding the date when the applicant 
household would otherwise be admitted to the federally assisted housing 
or the program, engaged in covered criminal activity, the public 
housing agency or owner shall conduct an individualized review of the 
totality of the circumstances before denying such applicant admission 
to the program or to federally assisted housing.
    ``(b) Totality of the Circumstances Review.--
            ``(1) Requirement.--Before denying admission to an 
        applicant pursuant to subsection (a), a public housing agency 
        or owner shall conduct an individualized review of the totality 
        of the circumstances regarding the criminal background at 
        issue, taking into consideration the applicant's need for 
        housing and the health and safety of the community.
            ``(2) Guidance; mitigating factors.--The Secretary shall 
        issue guidance for public housing agencies and owners regarding 
        reviews required under paragraph (1), which shall provide for 
        applicants to submit mitigating evidence and shall include 
        consideration of all mitigating factors presented, including 
        the following factors:
                    ``(A) Severity.--The severity of the offense or 
                offenses committed.
                    ``(B) Frequency.--The frequency of the offense or 
                offenses committed and the amount of time since such 
                offense or offenses.
                    ``(C) Nature of offense.--
                            ``(i) Disability-related offenses.--Whether 
                        the 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; or
                                    ``(II) are related to a symptom of 
                                a disability of the member of the 
                                household who committed the offense or 
                                offenses.
                            ``(ii) Proximity to assisted housing.--
                        Whether the offense or offenses occurred on or 
                        near the federally assisted housing to which 
                        the applicant's application relates (if 
                        applicable).
                            ``(iii) Employment; education; vocation.--
                        The employment, educational, or vocational 
                        status of the member of the household who 
                        committed the offense or offenses.
                            ``(iv) Community and families ties.--The 
                        nature and extent of community and family ties 
                        of the member of the household who committed 
                        the offense or offenses.
    ``(c) Prohibition of Denials on the Basis of Previous Evictions or 
Inconclusive Evidence.--A public housing agency or owner may not deny 
admission to federally assisted housing or to the program based solely 
on--
            ``(1) a previous eviction for criminal activity;
            ``(2) an arrest for an offense for which the applicant was 
        not subsequently convicted;
            ``(3) any juvenile adjudication or conviction;
            ``(4) a conviction that has been expunged, sealed, or 
        subject to similar judicial relief under State law the purpose 
        of which is to remove the collateral consequences of a criminal 
        conviction;
            ``(5) non-criminal citations, such as traffic and municipal 
        citations; or
            ``(6) whether the 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 (42 U.S.C. 13925(a)).
    ``(d) Opportunity To Remove Culpable Household Member.--
            ``(1) In general.--In the case of any covered criminal 
        activity 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 
        activity described in subsection (a).
    ``(e) Prohibition on Suspicionless 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, without individualized suspicion, of any applicant for 
admission to federally assisted housing or a program of housing 
assistance as a condition of such housing assistance.
    ``(f) Notices.--The Secretary shall require each public housing 
agency and owner of federally assisted housing to provide--
            ``(1) to each applicant for admission to federally assisted 
        housing or to the program, at the time of application, 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 activity, which shall include--
                    ``(A) notice of the authority under subsection (a) 
                to deny admission based on covered criminal activity 
                and notice of the specific reasonable time period to 
                which such authority applies; and
                    ``(B) notice of the requirement under subsection 
                (b) to consider the totality of the circumstances and 
                the right under subsection (b)(2) to present mitigating 
                evidence;
            ``(2) to each applicant, upon selection from the waiting 
        list for admission to federally assisted housing or to the 
        program, written notice of the policy specified in paragraph 
        (1); and
            ``(3) to an applicant, upon denial of an application for 
        admission to federally assisted housing or to the program--
                    ``(A) written notice of--
                            ``(i) the reason for such denial, including 
                        the specific criminal activity on which the 
                        denial is based;
                            ``(ii) the actions that the applicant may 
                        take to appeal such denial; and
                            ``(iii) the requirement under subsection 
                        (b) to consider the totality of the 
                        circumstances and the right under subsection 
                        (b)(2) to present mitigating evidence; and
                    ``(B) a copy of any documents that the public 
                housing agency or owner used to support its 
                determination of criminal activity.
    ``(g) Responsibility for Compliance.--A public housing agency or 
owner, as applicable, shall be solely responsible for compliance with 
the requirements of this subtitle, notwithstanding the use of any third 
party for such purposes.
    ``(h) Compliance With Limited English Proficiency Requirements.--
Any notice or document required under this section to be provided to an 
applicant or applicant household shall be provided in multiple 
languages, consistent with guidance issued by the Secretary in 
accordance with Executive Order 13166 (42 U.S.C. 2000d-1 note; relating 
to access to services for persons with limited English proficiency).''.
    (b) Guidance.--Not later than 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 (2) of 
        section 576(b) of the Quality Housing and Work Responsibility 
        Act of 1998, as such subsection is amended by subsection (a) of 
        this section, regarding reviews required under paragraph (1) of 
        such section 576(b).
            (2) Model notice to applicants.--Guidance setting forth 
        model notification forms for use by public housing agencies and 
        owners of federally assisted housing in meeting the 
        requirements of subsection (f) of section 576 of the Quality 
        Housing and Work Responsibility Act of 1998, as added by the 
        amendment made by subsection (a) of this section.

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

    (a) In General.--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 ACTIVITY BY TENANTS OF FEDERALLY 
              ASSISTED HOUSING.

    ``(a) Totality of the Circumstances Review.--
            ``(1) Requirement.--In determining whether to terminate 
        tenancy or assistance to any household based on covered 
        criminal activity by a household member or any guest or other 
        person under the control of a household member, a public 
        housing agency or an owner shall conduct an individualized 
        review of the totality of the circumstances regarding the 
        criminal activity at issue, taking into consideration the 
        household's need for housing and the health and safety of the 
        community.
            ``(2) Guidance; mitigating factors.--The Secretary shall 
        issue guidance for public housing agencies and owners regarding 
        reviews required under paragraph (1), which shall provide for 
        tenants to submit mitigating evidence and shall include 
        consideration of all mitigating factors presented, including 
        all of the factors specified in section 576(b)(2); except that, 
        for purposes of this paragraph--
                    ``(A) subparagraph (B) of such section shall be 
                applied without considering `the amount of time since 
                such offense or offenses'; and
                    ``(B) subparagraph (C)(ii) of such section shall be 
                applied by substituting `in which the household 
                resides' for `to which the applicant's application 
                relates (if applicable)'.
    ``(b) Prohibition of Evictions Based on Inconclusive Evidence.--A 
public housing agency or owner may not deny admission to federally 
assisted housing or to the program based solely on--
            ``(1) an arrest for an offense for which the applicant was 
        not subsequently convicted;
            ``(2) any juvenile adjudication or conviction;
            ``(3) a conviction that has been expunged, sealed, or 
        subject to similar judicial relief under State law the purpose 
        of which is to remove the collateral consequences of a criminal 
        conviction;
            ``(4) non-criminal citations, such as traffic and municipal 
        citations; or
            ``(5) whether the 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 (42 U.S.C. 13925(a)).
    ``(c) Option To Remove Culpable Household Member.--
            ``(1) In general.--In the case of any covered criminal 
        activity 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 activity 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) Availability of remedies.--Paragraph (1) 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 Suspicionless 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, without individualized suspicion, 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.''.
    (b) Effective Date.--Section 577 of the Quality Housing and Work 
Responsibility Act of 1998, as amended by subsection (a) of this 
section, shall take effect and apply on the date of the enactment of 
this Act.

SEC. 5. 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 580; and
            (2) by inserting after section 578 (42 U.S.C. 13663) the 
        following new section:

``SEC. 579. DATA COLLECTION.

    ``(a) Applications.--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 applications for admission to federally 
        assisted housing or the program reviewed by the public housing 
        agency or owner.
            ``(2) The number of applications for admission to federally 
        assisted housing or the program reviewed by the public housing 
        agency or owner for covered criminal activity.
            ``(3) For each applicant for which the public housing 
        agency or owner reviewed covered criminal activity, the 
        specific type or types of covered criminal activity reviewed by 
        the public housing agency or owner, including the disposition 
        of any criminal charges against the applicant.
            ``(4) The number of denials of applications for admission 
        to federally assisted housing or the program rendered by the 
        public housing agency or owner on the basis of covered criminal 
        activity.
            ``(5) The number of such denials pursuant to which the 
        applicant filed a request for informal review.
            ``(6) The number of such denials that were overturned 
        following informal review.
            ``(7) The information required under paragraphs (1) through 
        (5) disaggregated by the race of the applicant, the ethnicity 
        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) 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) For each termination of tenancy or assistance based 
        on covered criminal activity, the specific type or types of 
        covered criminal activity involved, including the disposition 
        of any criminal charges against the tenant or participant.
            ``(3) 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.
            ``(4) The information required under paragraphs (1) through 
        (3) disaggregated by the race of the applicant, the ethnicity 
        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 580(a)(2)''.

SEC. 6. PUBLIC HOUSING EVICTION STANDARDS.

    (a) Administrative Grievance Procedures.--Section 6(k) of the 
United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in 
the first sentence of the matter after and below paragraph (6)--
            (1) by inserting ``violent criminal'' before ``activity 
        that threatens''; and
            (2) by striking ``or drug-related''.
    (b) Lease Terms.--Section 6(l) of the United States Housing Act of 
1937 (42 U.S.C. 1437d(l)) is amended--
            (1) by striking paragraph (6) and inserting the following 
        new paragraph:
            ``(6) provide that any covered criminal activity (as such 
        term is defined in section 58(a) of the Quality Housing and 
        Work Responsibility Act of 1998) shall be cause for termination 
        of tenancy, subject to section 577 of such Act (42 U.S.C. 
        13662);'';
            (2) 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
            (3) 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.--Section 6(t) 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 paragraph (1) and inserting the following 
        new paragraph:
            ``(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.'';
            (3) by striking paragraph (2) and inserting the following 
        new paragraph:
    ``(2) Expiration of Written Consent.--An applicant's signed written 
consent provided pursuant to paragraph (1) shall expire automatically 
after the public housing agency has made a final decision to either 
approve or deny the applicant's application for admittance to public 
housing.'';
            (4) by striking paragraph (3);
            (5) by striking paragraph (6); and
            (6) 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 activity by such non-tenant only if--
            ``(1) such activity is covered criminal activity, as such 
        term is defined in section 580(a) of the Quality Housing and 
        Work Responsibility Act of 1998;
            ``(2) the agency has thoroughly considered 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;
            ``(3) in the case of any such prohibition of visitation by 
        a non-tenant, the agency provides the tenant or non-tenant 
        involved with an opportunity, not less frequently than 
        annually, to request a redetermination with respect to such 
        prohibition at which the tenant or 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 of 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.--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 funded 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. 7. TERMINATION OF TENANCY AND TENANT SELECTION UNDER SECTION 8 
              RENTAL ASSISTANCE PROGRAM.

    (a) Termination of Tenancy.--
            (1) Project-based assistance.--Clause (iii) of section 
        8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 
        1437f(d)(1)(B)(iii)) is amended to read as follows:
            ``(iii) during the term of the lease, any covered criminal 
        activity, as such term is defined in section 580(a) of the 
        Quality Housing and Work Responsibility Act of 1998, shall be 
        cause for termination of tenancy, subject to section 577 of 
        such Act (42 U.S.C. 13662);''.
            (2) Voucher assistance.--Subparagraph (D) of section 
        8(o)(7) of the United States Housing Act of 1937 (42 U.S.C. 
        1437f(o)(7)(D)) is amended to read as follows:
                    ``(D) during the term of the lease, any covered 
                criminal activity, as such term is defined in section 
                580(a) of the Quality Housing and Work Responsibility 
                Act of 1998, shall be cause for termination of tenancy, 
                subject to section 577 of such Act (42 U.S.C. 
                13662);''.
    (b) Selection of Tenants Under Voucher Program.--Section 8(o)(6)(B) 
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, the written notice required pursuant to section 
        576(f)(1) of such Act, 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 after the period at the end the following: 
        ``A public housing agency's elective screening shall be limited 
        to criteria that are directly related to an applicant's ability 
        to fulfill the obligations of an assisted lease and shall 
        consider mitigating circumstances presented by such applicant. 
        The preceding sentence shall not limit the authority of a 
        public housing agency to deny assistance based on the criminal 
        background of the applicant or any member of the applicant's 
        household, or any 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), subject 
        to the procedural requirements of this section. Any applicant 
        or participant determined to be ineligible for admission or 
        continued participation to the program shall be promptly 
        notified of the basis for such determination and provided, 
        within a reasonable time after the determination, an 
        opportunity for an informal hearing on such determination at 
        which mitigating circumstances presented by the applicant, 
        including remedial conduct subsequent to the conduct that is 
        the basis of such determination, shall be considered. Such 
        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)''; 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, 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.--Section 8(q)(2)(B) 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''.

SEC. 8. 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 programs for housing assistance; 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.
    (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.

SEC. 9. CONTINUUM OF CARE PROGRAM UNDER MCKINNEY-VENTO HOMELESS 
              ASSISTANCE ACT.

    (a) Selection Criteria.--Section 427(b)(1)(B) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11386a(b)(1)(B)) is amended--
            (1) in clause (iv)(VI), by striking ``and'' at the end;
            (2) in clause (v), by inserting ``and'' after the period at 
        the end; and
            (3) by inserting after clause (v) the following new clause:
                            ``(vi) how the recipient will collaborate 
                        with local criminal justice systems and the 
                        coordinated entry system to create pathways to 
                        housing for those who are cycling between 
                        homelessness and incarceration;''.
    (b) Incentives for Innovative Solutions for Formerly Incarcerated 
Individuals.--
            (1) In general.--Section 428 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11386b) is amended by adding at the 
        end the following new subsection:
    ``(f) Incentives for Innovative Solutions for Formerly Incarcerated 
Individuals.--In addition to amounts authorized to be appropriated for 
any fiscal year to carry out this subtitle, there is authorized to be 
appropriated for each fiscal year $10,000,000 to provide bonuses or 
other incentives to collaborative applicants and public housing 
agencies (as such term is defined in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b))) whose applications propose 
innovative solutions for providing pathways to housing for formerly 
incarcerated individuals, to be used to carry out such activities.''.
            (2) NOFA.--The Secretary of Housing and Urban Development 
        shall issue a notice of funding availability for amounts made 
        available pursuant to subsection (f) of section 428 of the 
        McKinney-Vento Homeless Assistance Act, as added by the 
        amendment made by paragraph (1) of this section, not later than 
        the expiration of the 180-day period beginning on the date of 
        the enactment of this Act.

SEC. 10. REGULATIONS.

    The Secretary of Housing and Urban Development shall issue any 
regulations necessary to carry out the amendments made by sections 2 
through 7 of this Act not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act.

SEC. 11. 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 expiration of the 180-day period beginning on the date of the 
enactment of this Act.
                                 <all>