article: SECTION 1. SHORT TITLE. This Act may be cited as the ``One Strike You're Out, Part II Act''. SEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Denial of Assistance to Criminal Offenders.--In making assistance under this section available on behalf of eligible families, a public housing agency may deny the provision of such assistance in the same manner, for the same period, and subject to the same conditions that an owner of federally assisted housing may deny occupancy in such housing under section 642(b) of the Housing and Community Development Act of 1992.''. (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows: ``(A) the selection of tenants for such units shall be function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the public housing agency, except that in making such assistance available the public housing agency may limit the provision of assistance pursuant to subsection (l);''. SEC. 3. OCCUPANCY SCREENING. Section 642 of the Housing and Community Development Act of 1992 (42 U.S.C. 13602)-- (1) by inserting ``(a) General Criteria.--'' before ``In''; and (2) by adding at the end the following new subsections: ``(b) Authority to Deny Occupancy for Criminal Offenders.--In selecting tenants for occupancy of dwelling units in federally assisted housing, if the owner of such housing determines that an applicant for occupancy in the housing or any member of the applicant's household is or was, during the preceding 3 years, engaged in any activity described in paragraph (2)(C) of section 645, the owner may-- ``(1) deny such applicant occupancy and consider the applicant (for purposes of any waiting list) as not having applied for such occupancy ; and ``(2) after the expiration of the 3-year period beginning upon such activity, require the applicant, as a condition of occupancy in the housing or application for occupancy in the housing, to submit to the owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant's household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such 3-year period. ``(c) Authority to Require Access to Criminal Records.--An owner of federally assisted housing may require, as a condition of providing occupancy in a dwelling unit in such housing to an applicant for occupancy and the members of the applicant's household, that each adult member of the household provide the owner with a signed, written authorization for the owner to obtain records described in section 646(a) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.''. SEC. 4. TERMINATION OF TENANCY. (a) Public Housing.-- (1) Expedited grievance procedure.--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 following paragraph (6) by striking ``For'' and all that follows through ``off such premises'' and inserting the following: ``For any grievance concerning an eviction or termination of tenancy that involves any activity that is described in subsection (l)(5)''. (2) Leases.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ``(4) require that the public housing agency may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(5) provide that any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the public housing agency or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii) and (iii) and inserting the following new clauses: ``(ii) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(iii) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(I) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(II) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(III) is criminal activity (including drug- related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (c) Federally Assisted Housing.--Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended-- (1) by adding at the end the following new section: ``SEC. 645. TERMINATION OF TENANCY. ``Each lease for a dwelling unit in federally assisted housing shall provide that-- ``(1) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; and ``(2) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy.''; and (2) in section 683 (42 U.S.C. 13641), by adding at the end the following new paragraph: ``(6) Drug-related criminal activity.--The term `drug- related criminal activity' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act).''. SEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND EVICTION. Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645 (as added by section 5(c) of this Act) the following new section: ``SEC. 646. AVAILABILITY OF RECORDS. ``(a) In General.-- ``(1) Provision of information.--Notwithstanding any other provision of law other than paragraph (2), upon the request of an owner of federally assisted housing, the National Crime Information Center, a police department, and any other law enforcement agency shall provide to the owner of federally assisted housing information regarding the criminal conviction records of an adult applicant for, or tenants of, the federally assisted housing for purposes of applicant screening, lease enforcement, and eviction, but only if such Center, department, or agency is presented with a written authorization, signed by such applicant, for the release of such information to such owner. ``(2) Exception.--A law enforcement agency described in paragraph (1) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality. ``(b) Opportunity to Dispute.--Before an adverse action is taken with regard to assistance for federally assisted housing on the basis of a criminal record, the public housing agency or owner, as applicable, shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. ``(c) Fee.--A public housing agency or owner of federally assisted housing may be charged a reasonable fee for information provided under subsection (a). ``(d) Records Management.--Each public housing agency and owner of federally assisted housing that receives criminal record information under this section shall establish and implement a system of records management that ensures that any criminal record received by the agency or owner is-- ``(1) maintained confidentially; ``(2) not misused or improperly disseminated; and ``(3) destroyed, once the purpose for which the record was requested has been accomplished. ``(e) Definition.--For purposes of this section, the term `adult' means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law.''.
summary: One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants. Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others. Amends the Housing and Community Development Act of 1992 to make adult (and juvenile if permitted by State, local, or tribal authority) applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances.