PROVISIONS APPLICABLE ONLY TO PUBLIC HOUSING AND SECTION 8 ASSISTANCE.

SEC. 575. PROVISIONS APPLICABLE ONLY TO PUBLIC HOUSING AND SECTION 8 ASSISTANCE. (a) Drug-Related and Criminal Activity Under Public Housing Grievance Procedure.— Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in the matter following paragraph (6)— (1) by inserting “violent or” before “drug-related”; and (2) by inserting “or any activity resulting in a felony conviction,” after “on or off such premises,”. (b) Termination of Tenancy in Public Housing.— Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l))is amended— (1) in paragraph (4) (as so redesignated by the preceding provisions of this Act)— (A) by striking subparagraph (A) and inserting the following new subparagraph: “(A) a reasonable period of time, but not to exceed 30 days— “(i) if the health or safety of other tenants, public housing agency employees, or persons residing in the immediate vicinity of the premises is threatened; or “(ii) in the event of any drug-related or violent criminal activity or any felony conviction;”; (B) and in subparagraph (C), by inserting before the semicolon at the end the following: except that if a State 112 STAT. 2635or local law provides for a shorter period of time, such shorter period shall apply”; (2) in paragraph (7) (as so redesignated by the preceding provisions of this Act), by striking “and” at the end; (4) by inserting after paragraph (7) (as so redesignated by the preceding provisions of this Act), the following new paragraph: “(7) provide that 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 the furnishing of any false or misleading information pursuant to section 577 of such Act (relating to termination of tenancy and assistance for illegal drug users and alcohol abusers) shall be cause for termination of tenancy;”. (c) Availability of Criminal Records for Tenant Screening and Eviction.— Section 6(q) of the United States Housing Act of 1937 (42 U.S.C. 1437d(q)(1)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking “subparagraph (B)” and inserting “subparagraph (C)”; and (ii) by striking “public housing” and inserting “covered housing assistance”; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: “(B) Requests by owners of project-based section 8 housing.— A public housing agency may make a request under subparagraph (A) for information regarding applicants for, or tenants of, housing that is provided project-based assistance under section 8 only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency obtain such information on behalf of the owner. Upon such a request by the owner, the agency shall make a request under subparagraph (A) for the information. The agency may not make such information available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner.”; (2) in paragraph (3)— (A) by striking “Fee” and inserting “Fees”; and (B) by adding at the end the following new sentence: “In the case of a public housing agency obtaining information pursuant to paragraph (1)(B) for another owner of housing, the agency may pass such fee on to the owner initiating the request and may charge additional reasonable fees for making the request on behalf of the owner and taking other actions for owners under this subsection.”; (3) by striking paragraph (5) and inserting the following new paragraph: “(8) Definitions.— For purposes of this subsection, the following definitions shall apply: “(A) Adult.— The term ‘adult’ means a person who is 18 years of age or older, or who has been convicted 112 STAT. 2636of a crime as an adult under any Federal, State, or tribal law. “(B) Covered housing assistance.— The term ‘covered housing assistance’ means— “(i) a dwelling unit in public housing; “(ii) a dwelling unit in housing that is provided-project based assistance under section 8, including new construction and substantial rehabilitation projects; and “(iii) tenant-based assistance under section 8. “(C) Owner.— The term ‘owner means, with respect to covered housing assistance described in subparagraph(B)(ii), the entity or private person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in the housing assisted.”; and (4) by inserting after paragraph (4) the following new paragraphs: “(5) Confidentiality.— A public housing agency receiving information under this subsection may use such information only for the purposes provided in this subsection and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the agency and who has a job-related need to have access to the information in connection with admission of applicants, eviction of tenants, or termination of assistance. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures necessary to ensure that information provided under this subsection to a public housing agency is used, and confidentiality of such information is maintained, as required under this subsection. The Secretary shall establish standards for confidentiality of information obtained under this subsection by public housing agencies on behalf of owners. “(6) Penalty.— Any person who knowingly and willfully requests or obtains any information concerning an applicant for, or tenant of, covered housing assistance pursuant to the authority under this subsection under false pretenses, or any person who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. The term ‘person’ as used in this paragraph include an officer, employee, or authorized representative of any public housing agency. “(7) Civil Action.— Any applicant for, or tenant of, covered housing assistance affected by (A) a negligent or knowing disclosure of information referred to in this subsection about such person by an officer, employee, or authorized representative of any public housing agency, which disclosure is not authorized by this subsection, or (B) any other negligent or knowing action that is inconsistent with this subsection, may bring a civil action for damages and such other relief as may be appropriate against any public housing agency responsible for such unauthorized action. The district court of the United States in the district in which the affected applicant or tenant resides, in which such unauthorized action occurred, or in which the officer, employee, or representative alleged to be responsible for any such unauthorized action resides, shall have jurisdiction 112 STAT. 2637in such matters. Appropriate relief that may be ordered by such district courts shall include reasonable attorney’s fees and other litigation costs.”. (d) Authority To Require Access to Criminal Records.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: “(t) Authority To Require Access to Criminal Records.— A public housing agency may require, as a condition of providing admission to the public housing program or assisted housing program under the jurisdiction of the public housing agency, that each adult member of the household provide a signed, written authorization for the public housing agency to obtain records described in subsection (q)(1) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.”. (e) Obtaining Information From Drug Abuse Treatment Facilities.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: “(u) Obtaining Information From Drug Abuse Treatment Facilities.— “(1) Authority.— Notwithstanding any other provision of law other than the Public Health Service Act (42 U.S.C. 201 et seq.), a public housing agency may require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the agency to receive information from a drug abuse treatment facility that is solely related to whether the applicant is currently engaging in the illegal use of a controlled substance. “(2) Confidentiality of applicant’s records.— “(A) Limitation on information requested.— In a form of written consent, a public housing agency may request only whether the drug abuse treatment facility has reasonable cause to believe that the applicant is currently engaging in the illegal use of a controlled substance. “(B) Records management.— Each public housing agency that receives information under this subsection from a drug abuse treatment facility shall establish and implement a system of records management that ensures that any information received by the public housing agency under this subsection— “(i) is maintained confidentially in accordance with section 543 of the Public Health Service Act (12 U.S.C. 290dd-2); “(ii) is not misused or improperly disseminated; and “(iii) is destroyed, as applicable— “(I) not later than 5 business days after the date on which the public housing agency gives final approval for an application for admission; or “(II) if the public housing agency denies the application for admission, in a timely manner after the date on which the statute of limitations for the commencement of a civil action from the 112 STAT. 2638applicant based upon that denial of admission has expired. “(C) Expiration of written consent.— In addition to the requirements of subparagraph (B), an applicant’s signed written consent 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) Prohibition of discriminatory treatment of applicants.— “(A) Forms signed.— A public housing agency may only require an applicant for admission to public housing to sign one or more forms of written consent under this subsection if the public housing agency requires all such applicants to sign the same form or forms of written consent. “(B) Circumstances of inquiry.— A public housing agency may only make an inquiry to a drug abuse treatment facility under this subsection if— “(i) the public housing agency makes the same inquiry with respect to all applicants; or “(ii) the public housing agency only makes the same inquiry with respect to each and every applicant with respect to whom— “(I) the public housing agency receives information from the criminal record of the applicant that indicates evidence of a prior arrest or conviction; or “(II) the public housing agency receives information from the records of prior tenancy of the applicant that demonstrates that the applicant— “(aa) engaged in the destruction of property; “(bb) engaged in violent activity against another person; or “(cc) interfered with the right of peaceful enjoyment of the premises of another tenant. “(4) Fee permitted.— A drug abuse treatment facility may charge a public housing agency a reasonable fee for information provided under this subsection. “(5) Disclosure permitted by treatment facilities.— A drug abuse treatment facility shall not be liable for damages based on any information required to be disclosed pursuant to this subsection if such disclosure is consistent with section 543 of the Public Health Service Act (42 U.S.C. 290dd-2). “(6) Option to not request information.— A public housing agency shall not be liable for damages based on its decision not to require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the public housing agency to receive information from a drug abuse treatment facility under this subsection. “(7) Definitions.— For purposes of this subsection, the following definitions shall apply: “(A) Drug abuse treatment facility.— The term ‘drug abuse treatment facility’ means an entity that— “(i) is— 112 STAT. 2639 “(I) an identified unit within a general medical care facility; or “(II) an entity other than a general medical care facility; and “(ii) holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal use of a controlled substance. “(B) Controlled substance.— The term ‘controlled substance’ has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). “(C) Currently engaging in the illegal use of a controlled substance.— The term ‘currently engaging in the illegal use of a controlled substance’ means the illegal use of a controlled substance that occurred recently enough to justify a reasonable belief that an applicant’s illegal use of a controlled substance is current or that continuing illegal use of a controlled substance by the applicant is a real and ongoing problem. “(8) Effective date.— This subsection shall take effect upon enactment and without the necessity of guidance from, or any regulation issued by, the Secretary”.