US (United States) Code. Title 42. Chapter 124: Public housing drug elimination

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

-HEAD-

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

-MISC1-

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

Sec.

11901. Congressional findings.

11902. Authority to make grants.

(a) In general.

(b) Consortia.

11903. Eligible activities.

(a) Public and assisted housing.

(b) Other PHA-owned housing.

11903a. Repealed.

11904. Applications.

(a) In general.

(b) One-year renewable grants.

(c) Criteria.

(d) Federally assisted low-income housing.

(e) High intensity drug trafficking areas.

11905. Definitions.

11906. Reports.

(a) Grantee reports.

(b) HUD reports.

(c) Notice of funding awards.

11907. Monitoring.

(a) In general.

(b) Prohibition of funding baseline services.

(c) Enforcement.

11908. Authorization of appropriations.

(a) In general.

(b) Set-aside for federally assisted low-income

housing.

(c) Set-aside for technical assistance and program

oversight.

11909. Repealed.

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

11921. Statement of purpose.

11922. Clearinghouse on drug abuse in public housing.

(a) Establishment.

(b) Functions.

11923. Regional training program on drug abuse in public

housing.

(a) Establishment.

(b) Operation.

11924. Definitions.

11925. Regulations.

-End-

-CITE-

42 USC SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG

ELIMINATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-End-

-CITE-

42 USC Sec. 11901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11901. Congressional findings

-STATUTE-

The Congress finds that -

(1) the Federal Government has a duty to provide public and

other federally assisted low-income housing that is decent, safe,

and free from illegal drugs;

(2) public and other federally assisted low-income housing in

many areas suffers from rampant drug-related or violent crime;

(3) drug dealers are increasingly imposing a reign of terror on

public and other federally assisted low-income housing tenants;

(4) the increase in drug-related and violent crime not only

leads to murders, muggings, and other forms of violence against

tenants, but also to a deterioration of the physical environment

that requires substantial government expenditures;

(5) local law enforcement authorities often lack the resources

to deal with the drug problem in public and other federally

assisted low-income housing, particularly in light of the recent

reductions in Federal aid to cities;

(6) the Federal Government should provide support for effective

safety and security measures to combat drug-related and violent

crime, primarily in and around public housing projects with

severe crime problems;

(7) closer cooperation should be encouraged between public and

assisted housing managers, local law enforcement agencies, and

residents in developing and implementing anti-crime programs; and

(8) anti-crime strategies should be improved through the

expansion of community-oriented policing initiatives.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5122, Nov. 18, 1988, 102 Stat.

4301; Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104

Stat. 4245; Pub. L. 105-276, title V, Sec. 586(b), Oct. 21, 1998,

112 Stat. 2646.)

-MISC1-

AMENDMENTS

1998 - Par. (2). Pub. L. 105-276, Sec. 586(b)(1), inserted "or

violent" after "drug-related".

Par. (4). Pub. L. 105-276, Sec. 586(b)(2)(A), inserted "and

violent" after "drug-related".

Pars. (6) to (8). Pub. L. 105-276, Sec. 586(b)(2)(B), (3), (4),

added pars. (6) to (8).

1990 - Pub. L. 101-625 amended section generally. Prior to

amendment, section read as follows: "The Congress finds that -

"(1) the Federal Government has a duty to provide public

housing that is decent, safe, and free from illegal drugs;

"(2) public housing projects in many areas suffer from rampant

drug-related crime;

"(3) drug dealers are increasingly imposing a reign of terror

on public housing tenants;

"(4) the increase in drug-related crime not only leads to

murders, muggings, and other forms of violence against tenants,

but also to a deterioration of the physical environment that

requires substantial government expenditures; and

"(5) local law enforcement authorities often lack the resources

to deal with the drug problem in public housing, particularly in

light of the recent reductions in Federal aid to cities."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 effective and applicable

beginning upon Oct. 1, 1999, except as otherwise provided, with

provision that Secretary may implement amendment before such date,

except to extent that such amendment provides otherwise, and with

savings provision, see section 503 of Pub. L. 105-276, set out as a

note under section 1437 of this title.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-276, title V, Sec. 586(a), Oct. 21, 1998, 112 Stat.

2646, provided that: "This section [enacting sections 11906 to

11908 of this title, amending this section and sections 11902,

11903, 11904, and 11905 of this title, and repealing sections 11906

to 11909 of this title] may be cited as the 'Public and Assisted

Housing Drug Elimination Program Amendments of 1998'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-227, title X, Sec. 1051, Mar. 31, 1994, 108 Stat.

274, provided that: "This part [part D (Secs. 1051-1053) of title X

of Pub. L. 103-227, amending section 11903a of this title] may be

cited as the 'Midnight Basketball League Training and Partnership

Act'."

SHORT TITLE

Section 5121 of Pub. L. 100-690, as amended by Pub. L. 101-625,

title V, Sec. 581(a), Nov. 28, 1990, 104 Stat. 4245, provided that:

"This chapter [chapter 2 (Secs. 5121-5130) of subtitle C of title V

of Pub. L. 100-690, enacting this subchapter] may be cited as the

'Public and Assisted Housing Drug Elimination Act of 1990'."

Section 5141 of Pub. L. 100-690 provided that: "This chapter

[chapter 3 (Secs. 5141-5146) of subtitle C of title V of Pub. L.

100-690, enacting subchapter II of this chapter] may be cited as

the 'Drug-Free Public Housing Act of 1988'."

-End-

-CITE-

42 USC Sec. 11902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11902. Authority to make grants

-STATUTE-

(a) In general

The Secretary of Housing and Urban Development, in accordance

with the provisions of this subchapter, may make grants to public

housing agencies, public housing resident management corporations

that are principally managing, as determined by the Secretary,

public housing projects owned by public housing agencies,

recipients of assistance under the Native American Housing

Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et

seq.], Indian tribes (!1) and private, for-profit and nonprofit

owners of federally assisted low-income housing for use in

eliminating drug-related and violent crime.

(b) Consortia

Subject to terms and conditions established by the Secretary,

public housing agencies may form consortia for purposes of applying

for grants under this subchapter.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5123, Nov. 18, 1988, 102 Stat.

4301; Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104

Stat. 4246; Pub. L. 102-550, title I, Sec. 161(d)(1), Oct. 28,

1992, 106 Stat. 3719; Pub. L. 104-330, title VII, Sec. 704(1), Oct.

26, 1996, 110 Stat. 4051; Pub. L. 105-276, title II, Sec. 220(1),

title V, Sec. 586(c), Oct. 21, 1998, 112 Stat. 2488, 2647.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in subsec. (a), is Pub. L. 104-330, Oct. 26,

1996, 110 Stat. 4016, as amended, which is classified principally

to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians. For

complete classification of this Act to the Code, see Short Title

note set out under section 4101 of Title 25 and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-276, Sec. 586(c), designated existing

provisions as subsec. (a), inserted heading, substituted

"recipients of assistance under the Native American Housing

Assistance and Self-Determination Act of 1996" for "tribally

designated housing entities", inserted "and violent" after

"drug-related", and added subsec. (b).

Pub. L. 105-276, Sec. 220(1), inserted "Indian tribes" before

"and private".

1996 - Pub. L. 104-330 struck out "(including Indian Housing

Authorities)" after "grants to public housing agencies" and

inserted "tribally designated housing entities," before "and

private".

1992 - Pub. L. 102-550 inserted ", public housing resident

management corporations that are principally managing, as

determined by the Secretary, public housing projects owned by

public housing agencies," after "Authorities)".

1990 - Pub. L. 101-625 amended section generally. Prior to

amendment, section read as follows: "The Secretary of Housing and

Urban Development, in accordance with the provisions of this

subchapter, may make grants to public housing agencies (including

Indian housing authorities) for use in eliminating drug-related

crime in public housing projects."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 effective and applicable

beginning upon Oct. 1, 1999, except as otherwise provided, with

provision that Secretary may implement amendment before such date,

except to extent that such amendment provides otherwise, and with

savings provision, see section 503 of Pub. L. 105-276, set out as a

note under section 1437 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 11903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11903. Eligible activities

-STATUTE-

(a) Public and assisted housing

Grants under this subchapter may be used in public housing or

other federally assisted low-income housing projects for -

(1) the employment of security personnel;

(2) reimbursement of local law enforcement agencies for

additional security and protective services;

(3) physical improvements which are specifically designed to

enhance security;

(4) the employment of one or more individuals -

(A) to investigate drug-related or violent crime in and

around the real property comprising any public or other

federally assisted low-income housing project; and

(B) to provide evidence relating to such crime in any

administrative or judicial proceeding;

(5) the provision of training, communications equipment, and

other related equipment for use by voluntary tenant patrols

acting in cooperation with local law enforcement officials;

(6) programs designed to reduce use of drugs in and around

public or other federally assisted low-income housing projects,

including drug-abuse prevention, intervention, referral, and

treatment programs;

(7) where a public housing agency, an Indian tribe, or

recipient of assistance under the Native American Housing

Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et

seq.] receives a grant, providing funding to nonprofit resident

management corporations and resident councils to develop security

and drug abuse prevention programs involving site residents; and

(8) sports programs and sports activities that serve primarily

youths from public or other federally assisted low-income housing

projects and are operated in conjunction with, or in furtherance

of, an organized program or plan designed to reduce or eliminate

drugs and drug-related problems in and around such projects.

(b) Other PHA-owned housing

Notwithstanding any other provision of this subchapter, grants

under this subchapter may be used to eliminate drug-related crime

in and around housing owned by public housing agencies that is not

public housing assisted under the United States Housing Act of 1937

[42 U.S.C. 1437 et seq.] and is not otherwise federally assisted,

for the activities described in paragraphs (1) through (7) of

subsection (a) of this section, but only if -

(1) the housing is located in a high intensity drug trafficking

area designated pursuant to section 1504 (!1) of title 21; and

(2) the public housing agency owning the housing demonstrates,

to the satisfaction of the Secretary, that drug-related or

violent activity in or around the housing has a detrimental

effect on or about the real property comprising any public or

other federally assisted low-income housing.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5124, Nov. 18, 1988, 102 Stat.

4301; Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104

Stat. 4246; Pub. L. 102-550, title I, Sec. 161(c), (d)(2), Oct. 28,

1992, 106 Stat. 3718, 3719; Pub. L. 104-330, title VII, Sec.

704(2), Oct. 26, 1996, 110 Stat. 4051; Pub. L. 105-276, title II,

Sec. 220(2), title V, Sec. 586(d), Oct. 21, 1998, 112 Stat. 2488,

2647.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in subsec. (a)(7), is Pub. L. 104-330, Oct.

26, 1996, 110 Stat. 4016, as amended, which is classified

principally to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians.

For complete classification of this Act to the Code, see Short

Title note set out under section 4101 of Title 25 and Tables.

The United States Housing Act of 1937, referred to in subsec.

(b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.

93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and

amended, which is classified generally to chapter 8 (Sec. 1437 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1437 of this title

and Tables.

Section 1504 of title 21, referred to in subsec. (b)(1), was

repealed by Pub. L. 100-690, title I, Sec. 1009, Nov. 18, 1988, 102

Stat. 4188, as amended.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(4)(A). Pub. L. 105-276, Sec. 586(d)(1)(A),

substituted "drug-related or violent crime in and around" for

"drug-related crime on or about".

Subsec. (a)(7). Pub. L. 105-276, Sec. 586(d)(1)(C)(i),

substituted "recipient of assistance under the Native American

Housing Assistance and Self-Determination Act of 1996" for

"tribally designated housing entity".

Pub. L. 105-276, Sec. 220(2), inserted ", an Indian tribe," after

"public housing agency".

Subsec. (a)(8). Pub. L. 105-276, Sec. 586(d)(1)(B), (C)(ii),

(8)[(D)], added par. (8).

Subsec. (b). Pub. L. 105-276, Sec. 586(d)(2)(A), substituted

"drug-related crime in and around" for "drug-related crime in" in

introductory provisions.

Subsec. (b)(2). Pub. L. 105-276, Sec. 586(d)(2)(B), substituted

"drug-related or violent activity in or around" for "drug-related

activity at".

1996 - Subsec. (a)(7). Pub. L. 104-330 inserted "or tribally

designated housing entity" after "public housing agency" and struck

out "public housing" after "nonprofit".

1992 - Pub. L. 102-550 designated existing provisions as subsec.

(a), inserted heading, inserted "where a public housing agency

receives a grant," in par. (7), and added subsec. (b).

1990 - Pub. L. 101-625 amended section generally. Prior to

amendment, section read as follows: "A public housing agency may

use a grant under this subchapter for -

"(1) the employment of security personnel in public housing

projects;

"(2) reimbursement of local law enforcement agencies for

additional security and protective services for public housing

projects;

"(3) physical improvements in public housing projects which are

specifically designed to enhance security;

"(4) the employment of 1 or more individuals -

"(A) to investigate drug-related crime on or about the real

property comprising any public housing project; and

"(B) to provide evidence relating to any such crime in any

administrative or judicial proceeding;

"(5) the provision of training, communications equipment, and

other related equipment for use by voluntary public housing

tenant patrols acting in cooperation with local law enforcement

officials;

"(6) innovative programs designed to reduce use of drugs in and

around public housing projects; and

"(7) providing funding to nonprofit public housing resident

management corporation and tenant councils to develop security

and drug abuse prevention programs involving site residents."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 effective and applicable

beginning upon Oct. 1, 1999, except as otherwise provided, with

provision that Secretary may implement amendment before such date,

except to extent that such amendment provides otherwise, and with

savings provision, see section 503 of Pub. L. 105-276, set out as a

note under section 1437 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 11903a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11903a. Repealed. Pub. L. 105-276, title V, Sec. 582(a)(13),

Oct. 21, 1998, 112 Stat. 2644

-MISC1-

Section, Pub. L. 101-625, title V, Sec. 520, Nov. 28, 1990, 104

Stat. 4202; Pub. L. 102-389, title II, Oct. 6, 1992, 106 Stat.

1587; Pub. L. 102-550, title I, Sec. 126(b), Oct. 28, 1992, 106

Stat. 3710; Pub. L. 103-227, title X, Secs. 1052, 1053, Mar. 31,

1994, 108 Stat. 274, 280; Pub. L. 104-330, title V, Sec. 501(d)(2),

Oct. 26, 1996, 110 Stat. 4043, authorized grants for public and

assisted housing youth sports programs.

EFFECTIVE DATE OF REPEAL

Repeal effective and applicable beginning upon Oct. 1, 1999,

except as otherwise provided, with provision that Secretary may

implement repeal before such date, and with savings provision, see

section 503 of Pub. L. 105-276, set out as an Effective Date of

1998 Amendment note under section 1437 of this title.

-End-

-CITE-

42 USC Sec. 11904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11904. Applications

-STATUTE-

(a) In general

To receive a grant under this subchapter, a public housing

agency, a public housing resident management corporation, an Indian

tribe (!1) a recipient of assistance under the Native American

Housing Assistance and Self-Determination Act of 1996 [25 U.S.C.

4101 et seq.], or an owner of federally assisted low-income housing

shall submit an application to the Secretary, at such time, in such

manner, and accompanied by such additional information as the

Secretary may reasonably require. Such application shall include a

plan for addressing the problem of drug-related or violent crime in

and around of (!2) the housing administered or owned by the

applicant for which the application is being submitted, which plan

shall be coordinated with and may be included in the public housing

agency plan submitted to the Secretary pursuant to section 1437c-1

of this title.

(b) One-year renewable grants

(1) In general

An eligible applicant that is a public housing agency may apply

for a 1-year grant under this subchapter that, subject to the

availability of appropriated amounts, shall be renewed annually

for a period of not more than 4 additional years, except that

such renewal shall be contingent upon the Secretary finding, upon

an annual or more frequent review, that the grantee agency is

performing under the terms of the grant and applicable laws in a

satisfactory manner and meets such other requirements as the

Secretary may prescribe. The Secretary may adjust the amount of

any grant received or renewed under this paragraph to take into

account increases or decreases in amounts appropriated for these

purposes or such other factors as the Secretary determines to be

appropriate.

(2) Eligibility and preference

The Secretary may not provide assistance under this subchapter

to an applicant that is a public housing agency unless -

(A) the agency will use the grants to continue or expand

activities eligible for assistance under this subchapter, as in

effect immediately before the effective date under section

503(a) of the Quality Housing and Work Responsibility Act of

1998, in which case the Secretary shall provide preference to

such applicant; except that preference under this subparagraph

shall not preclude selection by the Secretary of other

meritorious applications that address urgent or serious crime

problems nor be construed to require continuation of activities

determined by the Secretary to be unworthy of continuation; or

(B) the agency is in the class established under paragraph

(3).

(3) PHAs having urgent or serious crime problems

The Secretary shall, by regulations issued after notice and

opportunity for public comment, set forth criteria for

establishing a class of public housing agencies that have urgent

or serious crime problems. The Secretary may reserve a portion of

the amount appropriated to carry out this subchapter in each

fiscal year only for grants for public housing agencies in such

class, except that any amounts from such portion reserved that

are not obligated to agencies in the class shall be made

available only for agencies that are subject to a preference

under paragraph (2)(A).

(4) Inapplicability to federally assisted low-income housing

The provisions of this subsection shall not apply to federally

assisted low-income housing.

(c) Criteria

The Secretary shall approve applications under subsection (b) of

this section that are not subject to a preference under subsection

(b)(2)(A) of this section on the basis of thresholds or criteria

such as -

(1) the extent of the drug-related or violent crime problem in

and around the public or federally assisted low-income housing

project or projects proposed for assistance;

(2) the quality of the plan to address the crime problem in the

public or federally assisted low-income housing project or

projects proposed for assistance, including the extent to which

the plan includes initiatives that can be sustained over a period

of several years;

(3) the capability of the applicant to carry out the plan; and

(4) the extent to which tenants, the local government and the

local community support and participate in the design and

implementation of the activities proposed to be funded under the

application.

(d) Federally assisted low-income housing

In addition to the selection criteria specified in subsection (c)

of this section, the Secretary may establish other criteria for the

evaluation of applications submitted by owners of federally

assisted low-income housing, except that such additional criteria

shall be designed only to reflect -

(1) relevant differences between the financial resources and

other characteristics of public housing authorities and owners of

federally assisted low-income housing, or

(2) relevant differences between the problem of drug-related or

violent crime in public housing and the problem of drug-related

or violent crime in federally assisted low-income housing.

(e) High intensity drug trafficking areas

In evaluating the extent of the drug-related crime problem

pursuant to subsection (c) of this section, the Secretary may

consider whether housing projects proposed for assistance are

located in a high intensity drug trafficking area designated

pursuant to section 1504 (!3) of title 21.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5125, Nov. 18, 1988, 102 Stat.

4302; Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104

Stat. 4246; Pub. L. 102-550, title I, Sec. 161(d)(3), Oct. 28,

1992, 106 Stat. 3719; Pub. L. 104-330, title VII, Sec. 704(3), Oct.

26, 1996, 110 Stat. 4051; Pub. L. 105-276, title II, Sec. 220(3),

title V, Sec. 586(e), Oct. 21, 1998, 112 Stat. 2488, 2647.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in subsec. (a), is Pub. L. 104-330, Oct. 26,

1996, 110 Stat. 4016, as amended, which is classified principally

to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians. For

complete classification of this Act to the Code, see Short Title

note set out under section 4101 of Title 25 and Tables.

Section 503(a) of the Quality Housing and Work Responsibility Act

of 1998, referred to in subsec. (b)(2)(A), is section 503(a) of

Pub. L. 105-276, which is set out as an Effective Date of 1998

Amendment note under section 1437 of this title.

Section 1504 of title 21, referred to in subsec. (e), was

repealed by Pub. L. 100-690, title I, Sec. 1009, Nov. 18, 1988, 102

Stat. 4188, as amended.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-276, Sec. 586(e)(1), substituted

"recipient of assistance under the Native American Housing

Assistance and Self-Determination Act of 1996" for "tribally

designated housing entity" in first sentence and "or violent crime

in and around" for "crime on the premises" in second sentence, and

inserted before period at end ", which plan shall be coordinated

with and may be included in the public housing agency plan

submitted to the Secretary pursuant to section 1437c-1 of this

title".

Pub. L. 105-276, Sec. 220(3), inserted "an Indian tribe" after

"resident management corporation,".

Subsec. (b). Pub. L. 105-276, Sec. 586(e)(5), (6), added subsec.

(b) and redesignated former subsec. (b) as (c).

Pub. L. 105-276, Sec. 586(e)(2)(A), inserted introductory

provisions and struck out former introductory provisions which read

as follows: "Except as provided by subsections (c) and (d) of this

section the Secretary shall approve applications under this

subchapter based exclusively on - ".

Subsec. (b)(1). Pub. L. 105-276, Sec. 586(e)(2)(B), substituted

"or violent crime problem in and around" for "crime problem in".

Subsec. (c). Pub. L. 105-276, Sec. 586(e)(5), redesignated

subsec. (b) as (c). Former subsec. (c) redesignated (d).

Pub. L. 105-276, Sec. 586(e)(3)(A), substituted "subsection (c)"

for "subsection (b)" in introductory provisions.

Subsec. (c)(2). Pub. L. 105-276, Sec. 586(e)(3)(B), inserted "or

violent" after "drug-related" in two places.

Subsec. (d). Pub. L. 105-276, Sec. 586(e)(5), redesignated

subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 105-276, Sec. 586(e)(4), substituted "subsection (c)" for

"subsection (b)".

Subsec. (e). Pub. L. 105-276, Sec. 586(e)(5), redesignated

subsec. (d) as (e).

1996 - Subsec. (a). Pub. L. 104-330 inserted "a tribally

designated housing entity," after "resident management

corporation,".

1992 - Subsec. (a). Pub. L. 102-550 inserted ", a public housing

resident management corporation," after "public housing agency" in

first sentence.

1990 - Pub. L. 101-625 amended section generally, substituting

present provisions for provisions relating generally to

applications for grants under this subchapter and to criteria for

approval of such applications.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 effective and applicable

beginning upon Oct. 1, 1999, except as otherwise provided, with

provision that Secretary may implement amendment before such date,

except to extent that such amendment provides otherwise, and with

savings provision, see section 503 of Pub. L. 105-276, set out as a

note under section 1437 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11906, 11907 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 11905 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11905. Definitions

-STATUTE-

For the purposes of this subchapter:

(1) Controlled substance

The term "controlled substance" has the meaning given such term

in section 802 of title 21.

(2) Drug-related crime

The term "drug-related crime" means the illegal manufacture,

sale, distribution, use, or possession with intent to

manufacture, sell, distribute, or use a controlled substance.

(3) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

(4) Federally assisted low-income housing

The term "federally assisted low-income housing" means housing

assisted under -

(A) section 1715l(d)(3), section 1715l(d)(4), or 1715z-1 of

title 12;

(B) section 1701s of title 12; or

(C) section 1437f of this title.

(5) Recipient

The term "recipient", when used in reference to the Native

American Housing Assistance and Self-Determination Act of 1996

[25 U.S.C. 4101 et seq.], has the meaning given such term in

section 4 of such Act [25 U.S.C. 4103].

(6) Indian tribe

The term "Indian tribe" has the meaning given the term in

section 4(12) of the Native American Housing Assistance and Self

Determination Act of 1996, 25 U.S.C. 4103(12).

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5126, Nov. 18, 1988, 102 Stat.

4302; Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104

Stat. 4247; Pub. L. 104-330, title VII, Sec. 704(4), Oct. 26, 1996,

110 Stat. 4051; Pub. L. 105-276, title II, Sec. 220(4), title V,

Sec. 586(f), Oct. 21, 1998, 112 Stat. 2488, 2649; Pub. L. 106-74,

title II, Sec. 227(a), as added Pub. L. 106-113, div. A, title I,

Sec. 175(d), Nov. 29, 1999, 113 Stat. 1534.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in par. (5), is Pub. L. 104-330, Oct. 26,

1996, 110 Stat. 4016, as amended, which is classified principally

to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians. For

complete classification of this Act to the Code, see Short Title

note set out under section 4101 of Title 25 and Tables.

-MISC1-

AMENDMENTS

1999 - Par. (4)(D). Pub. L. 106-74, Sec. 227(a), as added by Pub.

L. 106-113, struck out subpar. (D) which read as follows: "the

Native American Housing Assistance and Self-Determination Act."

1998 - Par. (5). Pub. L. 105-276, Sec. 586(f), added par. (5) and

struck out heading and text of former par. (5). Text read as

follows: "The term 'tribally designated housing entity' has the

meaning given such term in section 4 of the Native American Housing

Assistance and Self-Determination Act of 1996."

Par. (6). Pub. L. 105-276, Sec. 220(4), added par. (6).

1996 - Par. (4)(D). Pub. L. 104-330, Sec. 704(4)(A), added

subpar. (D).

Par. (5). Pub. L. 104-330, Sec. 704(4)(B), added par. (5).

1990 - Pub. L. 101-625 amended section generally, adding

provisions defining "Federally assisted low-income housing".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-74, title II, Sec. 227(b), as added by Pub. L.

106-113, div. A, title I, Sec. 175(d), Nov. 29, 1999, 113 Stat.

1534, provided that: "The amendments made by subsection (a)

[amending this section] shall be construed to have taken effect on

October 21, 1998."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 effective and applicable

beginning upon Oct. 1, 1999, except as otherwise provided, with

provision that Secretary may implement amendment before such date,

except to extent that such amendment provides otherwise, and with

savings provision, see section 503 of Pub. L. 105-276, set out as a

note under section 1437 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

-End-

-CITE-

42 USC Sec. 11906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11906. Reports

-STATUTE-

(a) Grantee reports

The Secretary shall require grantees under this subchapter to

provide periodic reports that include the obligation and

expenditure of grant funds, the progress made by the grantee in

implementing the plan described in section 11904(a) of this title,

and any change in the incidence of drug-related crime in projects

assisted under this subchapter.

(b) HUD reports

The Secretary shall submit a report to the Congress not later

than 18 months after October 21, 1998, describing the system used

to distribute funding to grantees under this section, which shall

include descriptions of -

(1) the methodology used to distribute amounts made available

under this subchapter among public housing agencies, including

provisions used to provide for renewals of ongoing programs

funded under this subchapter; and

(2) actions taken by the Secretary to ensure that amounts made

available under this subchapter are not used to fund baseline

local government services, as described in section 11907(b) of

this title.

(c) Notice of funding awards

The Secretary shall cause to be published in the Federal Register

notice of all grant awards made pursuant to this subchapter, which

shall identify the grantees and the amount of the grants. Such

notice shall be published not less frequently than annually.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5127, as added Pub. L. 105-276,

title V, Sec. 586(g), Oct. 21, 1998, 112 Stat. 2649.)

-MISC1-

PRIOR PROVISIONS

A prior section 11906, Pub. L. 100-690, title V, Sec. 5127, Nov.

18, 1988, 102 Stat. 4303; Pub. L. 101-625, title V, Sec. 581(a),

Nov. 28, 1990, 104 Stat. 4248, related to implementation of this

subchapter, prior to repeal by Pub. L. 105-276, title V, Secs. 503,

586(g), Oct. 21, 1998, 112 Stat. 2521, 2649, effective and

applicable beginning upon Oct. 1, 1999, except as otherwise

provided, with provision that Secretary may implement the repeal

before such date, except to extent otherwise provided, and with

savings provision.

EFFECTIVE DATE

Section effective and applicable beginning upon Oct. 1, 1999,

except as otherwise provided, with provision that Secretary may

implement section before such date, except to extent otherwise

provided, see section 503 of Pub. L. 105-276, set out as an

Effective Date of 1998 Amendment note under section 1437 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11907 of this title.

-End-

-CITE-

42 USC Sec. 11907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11907. Monitoring

-STATUTE-

(a) In general

The Secretary shall audit and monitor the programs funded under

this subchapter to ensure that assistance provided under this

subchapter is administered in accordance with the provisions of

this subchapter.

(b) Prohibition of funding baseline services

(1) In general

Amounts provided under this subchapter may not be used to

reimburse or support any local law enforcement agency or unit of

general local government for the provision of services that are

included in the baseline of services required to be provided by

any such entity pursuant to a local cooperation agreement under

section 1437c(e)(2) of this title or any provision of an annual

contributions contract for payments in lieu of taxation pursuant

to section 1437d(d) of this title.

(2) Description

Each public housing agency that receives grant amounts under

this subchapter shall describe, in the report under section

11906(a) of this title, such baseline of services for the unit of

general local government in which the jurisdiction of the agency

is located.

(c) Enforcement

The Secretary shall provide for the effective enforcement of this

section, which may include the use of on-site monitoring,

independent public audit requirements, certification by local law

enforcement or local government officials regarding the performance

of baseline services referred to in subsection (b) of this section,

and entering into agreements with the Attorney General to achieve

compliance, and verification of compliance, with the provisions of

this subchapter.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5128, as added Pub. L. 105-276,

title V, Sec. 586(g), Oct. 21, 1998, 112 Stat. 2649.)

-MISC1-

PRIOR PROVISIONS

A prior section 11907, Pub. L. 100-690, title V, Sec. 5128, Nov.

18, 1988, 102 Stat. 4303; Pub. L. 101-625, title V, Sec. 581(a),

Nov. 28, 1990, 104 Stat. 4248, related to provision of periodic

reports by grantees, prior to repeal by Pub. L. 105-276, title V,

Secs. 503, 586(g), Oct. 21, 1998, 112 Stat. 2521, 2649, effective

and applicable beginning upon Oct. 1, 1999, except as otherwise

provided, with provision that Secretary may implement the repeal

before such date, except to extent otherwise provided, and with

savings provision.

EFFECTIVE DATE

Section effective and applicable beginning upon Oct. 1, 1999,

except as otherwise provided, with provision that Secretary may

implement section before such date, except to extent otherwise

provided, see section 503 of Pub. L. 105-276, set out as an

Effective Date of 1998 Amendment note under section 1437 of this

title.

REVIEW OF DRUG ELIMINATION PROGRAM CONTRACTS

Pub. L. 105-276, title V, Sec. 587, Oct. 21, 1998, 112 Stat.

2650, provided that:

"(a) Requirement. - The Secretary of Housing and Urban

Development shall investigate all security contracts awarded by

grantees under the Public and Assisted Housing Drug Elimination Act

of 1990 (42 U.S.C. 11901 et seq.) that are public housing agencies

that own or operate more than 4,500 public housing dwelling units -

"(1) to determine whether the contractors under such contracts

have complied with all laws and regulations regarding prohibition

of discrimination in hiring practices;

"(2) to determine whether such contracts were awarded in

accordance with the applicable laws and regulations regarding the

award of such contracts;

"(3) to determine how many such contracts were awarded under

emergency contracting procedures; and

"(4) to evaluate the effectiveness of the contracts.

"(b) Report. - Not later than 180 days after the date of the

enactment of this Act [Oct. 21, 1998], the Secretary shall complete

the investigation required under subsection (a) and submit a report

to the Congress regarding the findings under the investigation.

With respect to each such contract, the report shall (1) state

whether the contract was made and is operating, or was not made or

is not operating, in full compliance with applicable laws and

regulations, and (2) for each contract that the Secretary

determines is in such compliance issue a certification of such

compliance by the Secretary of Housing and Urban Development.

"(c) Actions. - For each contract that is described in the report

under subsection (b) as not made or not operating in full

compliance with applicable laws and regulations, the Secretary of

Housing and Urban Development shall promptly take any actions

available under law or regulation that are necessary -

"(1) to bring such contract into compliance; or

"(2) to terminate the contract.

"(d) Effective Date. - This section shall take effect on the date

of the enactment of this Act [Oct. 21, 1998]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11906 of this title.

-End-

-CITE-

42 USC Sec. 11908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11908. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

subchapter $310,000,000 for fiscal year 1999, and such sums as may

be necessary for fiscal years 2000, 2001, 2002, and 2003.

(b) Set-aside for federally assisted low-income housing

Of any amounts made available in any fiscal year to carry out

this subchapter not more than 6.25 percent shall be available for

grants for federally assisted low-income housing.

(c) Set-aside for technical assistance and program oversight

Of any amounts appropriated in any fiscal year to carry out this

subchapter, amounts shall be available to the extent provided in

appropriations Acts to provide training, technical assistance,

contract expertise, program oversight, program assessment,

execution, and other assistance for or on behalf of public housing

agencies, recipients of assistance under the Native American

Housing Assistance and Self-Determination Act of 1996 [25 U.S.C.

4101 et seq.], resident organizations, and officials and employees

of the Department (including training and the cost of necessary

travel for participants in such training, by or to officials and

employees of the Department and of public housing agencies, and to

residents and to other eligible grantees). Assistance and other

activities carried out using amounts made available under this

subsection may be provided directly or indirectly by grants,

contracts, or cooperative agreements.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5129, as added Pub. L. 105-276,

title V, Sec. 586(g), Oct. 21, 1998, 112 Stat. 2650.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in subsec. (c), is Pub. L. 104-330, Oct. 26,

1996, 110 Stat. 4016, as amended, which is classified principally

to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians. For

complete classification of this Act to the Code, see Short Title

note set out under section 4101 of Title 25 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 11908, Pub. L. 100-690, title V, Sec. 5129, Nov.

18, 1988, 102 Stat. 4303; Pub. L. 101-625, title V, Secs. 520(k),

581(a), Nov. 28, 1990, 104 Stat. 4205, 4248, related to auditing

and monitoring of programs funded under this subchapter, prior to

repeal by Pub. L. 105-276, title V, Secs. 503, 586(g), Oct. 21,

1998, 112 Stat. 2521, 2649, effective and applicable beginning upon

Oct. 1, 1999, except as otherwise provided, with provision that

Secretary may implement the repeal before such date, except to

extent otherwise provided, and with savings provision.

EFFECTIVE DATE

Section effective and applicable beginning upon Oct. 1, 1999,

except as otherwise provided, with provision that Secretary may

implement section before such date, except to extent otherwise

provided, see section 503 of Pub. L. 105-276, set out as an

Effective Date of 1998 Amendment note under section 1437 of this

title.

-End-

-CITE-

42 USC Sec. 11909 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER I - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION

-HEAD-

Sec. 11909. Repealed. Pub. L. 105-276, title V, Sec. 586(g), Oct.

21, 1998, 112 Stat. 2649

-MISC1-

A prior section 11909, Pub. L. 100-690, title V, Sec. 5130, as

added Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104

Stat. 4248; amended Pub. L. 102-550, title I, Secs. 126(a), 161(a),

(b), Oct. 28, 1992, 106 Stat. 3710, 3718, authorized appropriations

to carry out this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal effective and applicable beginning upon Oct. 1, 1999,

except as otherwise provided, with provision that Secretary may

implement the repeal before such date, and with savings provision,

see section 503 of Pub. L. 105-276, set out as an Effective Date of

1998 Amendment note under section 1437 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-HEAD-

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-End-

-CITE-

42 USC Sec. 11921 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-HEAD-

Sec. 11921. Statement of purpose

-STATUTE-

The purpose of this subchapter is to reaffirm the principle that

decent affordable shelter is a basic necessity, and the general

welfare of the Nation and the health and living standards of its

people require better coordination and training in drug prevention

programs among the public officials and agencies responsible for

administering the public housing programs of the Nation.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5142, Nov. 18, 1988, 102 Stat.

4303.)

-End-

-CITE-

42 USC Sec. 11922 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-HEAD-

Sec. 11922. Clearinghouse on drug abuse in public housing

-STATUTE-

(a) Establishment

The Secretary of Housing and Urban Development shall establish,

in the Office of Public Housing in the Department of Housing and

Urban Development, a clearinghouse to receive, collect, process,

and assemble information regarding the abuse of controlled

substances in public housing projects.

(b) Functions

The clearinghouse established under subsection (a) of this

section shall -

(1) respond to inquiries by members of the public requesting

assistance in investigating, studying, and working on the problem

of the abuse of controlled substances; and

(2) receive, collect, process, assemble, and provide

information on programs, authorities, institutions, and agencies,

that may further assist members of the public requesting

information from the clearinghouse.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5143, Nov. 18, 1988, 102 Stat.

4303.)

-End-

-CITE-

42 USC Sec. 11923 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-HEAD-

Sec. 11923. Regional training program on drug abuse in public

housing

-STATUTE-

(a) Establishment

The Secretary shall establish a regional training program for the

training of public housing officials, to better prepare and educate

the officials to confront the widespread abuse of controlled

substances in the communities in which the officials work.

(b) Operation

The regional training program established under subsection (a) of

this section shall be conducted within 12 months after November 18,

1988, by a national training unit established by the Secretary.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5144, Nov. 18, 1988, 102 Stat.

4303.)

-End-

-CITE-

42 USC Sec. 11924 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-HEAD-

Sec. 11924. Definitions

-STATUTE-

For purposes of this subchapter:

(1) Controlled substance

The term "controlled substance" has the meaning given such term

in section 802 of title 21.

(2) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5145, Nov. 18, 1988, 102 Stat.

4304.)

-End-

-CITE-

42 USC Sec. 11925 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 124 - PUBLIC HOUSING DRUG ELIMINATION

SUBCHAPTER II - DRUG-FREE PUBLIC HOUSING

-HEAD-

Sec. 11925. Regulations

-STATUTE-

Not later than 6 months after November 18, 1988, the Secretary

shall issue any regulations necessary to carry out this subchapter.

-SOURCE-

(Pub. L. 100-690, title V, Sec. 5146, Nov. 18, 1988, 102 Stat.

4304.)

-End-