text: 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.''.
target: 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.
feat_title: One Strike You're Out, Part II Act