Sec. 4. Drug screening and testing under public housing and section 8 rental assistance programs

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Section 214 of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a ) is amended by adding at the end the following: Notwithstanding any other provision of law, the applicable administrative entity may not make covered housing assistance available for the benefit of any individual who has attained 18 years of age, unless, before such assistance is provided with respect to such individual— the applicable administrative entity makes a determination, in a manner the entity considers appropriate, of whether the individual has or has not been arrested for a drug-related offense during the 5-year period immediately preceding the date on which the determination is made; in the case of an individual who is determined by the applicable administrative entity to have been arrested for a drug-related offense during the 5-year period provided in subparagraph (A), the individual tests negative for each controlled substance that the entity has determined to be appropriate for testing; and in the case of an individual who is determined by the applicable administrative entity not to have been arrested for a drug-related offense during the 5-year period provided in clause (i), the individual— completes substance abuse screening in such manner and at such times as the entity considers appropriate; and is determined pursuant to such screening not to have a high risk of abuse of a controlled substance; or is determined pursuant to such screening to have a high risk of abuse of a controlled substance and tests negative for each controlled substance that the entity has determined to be appropriate for testing.

The applicable administrative entity shall determine that not less than 1 controlled substance, as specified by the entity, is appropriate for testing for purposes of this paragraph. If an individual tests positive for a controlled substance pursuant to paragraph (1)(B) or (1)(C)(ii)(II), covered housing assistance may not be provided with respect to such individual for the period beginning on the date on which the applicable administrative entity determines that the test result is positive and ending on the latest of— the date that is 12 months after the date on which the applicable administrative entity determines that the test result is positive; the date on which the individual successfully completes a treatment program for each controlled substance for which the individual tested positive; and the date on which the individual tests negative for each such controlled substance, in such manner and at such times as the applicable administrative entity determines to be appropriate.

An applicable administrative entity may provide for testing and screening pursuant to paragraph (1), and retesting and rescreening pursuant to paragraph (2), in such manner and at such times as the entity determines to be appropriate. An applicable administrative entity may not require an individual or family to pay the cost of a test or screening conducted pursuant to this subsection. If an individual for whose benefit covered housing assistance is prohibited pursuant to this subsection is a member of family that includes at least one other member whose eligibility under this subsection for such assistance has been affirmatively established pursuant to testing under this subsection, covered housing assistance made available to such family shall be prorated, based on the number of individuals in the family for whom eligibility under this subsection for such assistance has been affirmatively established pursuant to testing under this subsection as compared with the total number of individuals who are members of the family.

If the Secretary of Housing and Urban Development determines that a public housing agency has substantially failed to comply with this subsection during a fiscal year, the Secretary shall reduce by 15 percent the amount otherwise provided to the agency, for the immediately succeeding fiscal year, under each of the following programs: The public housing Capital Fund program under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ). The public housing Operating Fund program under section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ).

All programs for rental housing assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). Notwithstanding any other provision of law, amounts made available under the following provisions of law may be used for costs of testing individuals for controlled substances for purposes of compliance with this section, as follows: Amounts made available under the public housing Operating Fund program under section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ) may be used for such testing for residents of, and applicants for residency in, public housing.

Amounts made available to a public housing agency for administrative fees under section 8(q) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(q) ) may be used for such testing for individuals on behalf of whom rental assistance under such section is provided by the agency and applicants for such assistance. Amounts made available for project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) may be used for such testing for residents of, and applicants for residency in, dwelling units in housing projects for which such assistance is provided.

For purposes of this subsection, the following definitions shall apply: The term applicable administrative entity means— a public housing agency, with respect to covered housing assistance administered by such agency; and the Secretary, with respect to project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). The term controlled substance means, with respect to an individual, a controlled substance as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) that is not used by such individual pursuant to a valid prescription or as otherwise authorized by law.

The term covered housing assistance means financial assistance made available pursuant to the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ). The term drug-related offense means any criminal offense under State or Federal law relating to the manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance. The term substance abuse screening means an interview, questionnaire, or other screening instrument approved by the applicable administrative entity that is designed to be used to determine whether an individual has a high risk of abuse of a controlled substance.

This subsection may not be construed to affect the applicability of any provision of section 576 or 577 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 , 13662) or of section 6(l), 8(o)(7), or 16(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437n(f) ), except that the Secretary of Housing and Urban Development shall ensure that any standards or lease provisions established pursuant to such sections are consistent with this subsection. .

The amendment made by this section shall take effect on the first day of the first calendar month that begins after the expiration of the 240-day period beginning on the date of the enactment of this Act.

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Sec. 4

Drug screening and testing under public housing and section 8 rental assistance programs

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