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PUBLIC HOUSING ENERGY EFFICIENCY DEMONSTRATION

EXCERPT FROM CRANSTON-GONZALEZ NATIONAL AFFORDABLE

HOUSING ACT

[Public Law 101-625; 104 Stat. 4215; 42 U.S.C. 1437g note]

SEC. 523. ENERGY EFFICIENCY DEMONSTRATION.

(a) ESTABLISHMENT.-The Secretary of Housing and Urban Development shall carry out a demonstration program to encourage the use of private energy service companies in accordance with section 118(a) of the Housing and Community Development Act of 1987. The Secretary shall provide technical assistance to 5 public housing agencies to demonstrate the opportunities for energy cost reduction in 5 public housing projects through energy services contracts. Not later than 90 days after the date of the enactment of this Act,1 the Secretary shall establish such selection criteria for this demonstration as the Secretary deems appropriate after consultation with representatives of public housing agencies and energy efficiency organizations.

(b) REPORT.-As soon as practicable after the expiration of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit to the Congress a report setting forth the findings and recommendations of the Secretary as a result of the demonstration under this section. The Secretary shall disseminate such report, to the extent practicable, to other public housing agencies.

1 The date of enactment was November 28, 1990.

FINANCIAL ASSISTANCE IN IMPACTED AREAS

EXCERPT FROM THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980

[Public Law 96-399; 94 Stat. 1638; 42 U.S.C. 1436b]

FINANCIAL ASSISTANCE IN IMPACTED AREAS

SEC. 216. The Secretary of Housing and Urban Development shall not exclude from consideration for financial assistance under federally assisted housing programs proposals for housing projects solely because the site proposed is located within an impacted area. For the purposes of this section, the term "federally assisted housing programs" means any program authorized by the United States Housing Act of 1937, sections 235 and 236 of the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or section 202 of the Housing Act of 1959. [42 U.S.C. 1436b]

ANTI-DRUG ABUSE ACT OF 1988

EXCERPTS FROM ANTI-DRUG ABUSE ACT OF 1988

[Public Law 100-690; 102 Stat. 4295; 42 U.S.C. 11901 et seq.]

TITLE V-USER ACCOUNTABILITY

SEC. 5001. TABLE OF CONTENTS.

The table of contents for this title is as follows:

TITLE V-USER ACCOUNTABILITY

Sec. 5001. Table of contents.

Subtitle A-Opposition to Legalization and Public Awareness
Sec. 5011. Sense of the Congress opposing legalization of drugs.
Sec. 5012. Public awareness campaign.

Subtitle B-National Commission on Drug-Free Schools

Sec. 5051. National commission on drug-free schools.

Subtitle C-Preventing Drug Abuse in Public Housing

CHAPTER 1-REGULATORY AND ENFORCEMENT PROVISIONS

Sec. 5101. Termination of tenancy in public housing.

Sec. 5102. Study of public housing security activities.

Sec. 5103. Report on impact of public housing lease and grievance regulation on ability of public housing agencies to take action against tenants engaging in drug crimes.

Sec. 5104. Eligible activities under Bureau of Justice Assistance block grant pro-
gram.
Sec. 5105. Inclusion of leasehold interests in property subject to forfeiture under
Controlled Substances Act.

CHAPTER 2-Public and ASSISTED HOUSING DRUG ELIMINATION

Sec. 5121. Short title.

Sec. 5122. Congressional findings.

Sec. 5123. Authority to make grants.

Sec. 5124. Eligible activities.

Sec. 5125. Applications.

Sec. 5126. Definitions.

Sec. 5127. Implementation.

Sec. 5128. Reports.

Sec. 5129. Monitoring.

Sec. 5130. Authorization of appropriations.

CHAPTER 3-DRUG-FREE PUBLIC HOUSING

Sec. 5141. Short title.

Sec. 5142. Statement of purpose.

Sec. 5143. Clearinghouse on drug abuse in public housing.

Sec. 5144. Regional training program on drug abuse in public housing.

Sec. 5145. Definitions.

Sec. 5146. Regulations.

Subtitle D-Drug-Free Workplace Act of 1988

Sec. 5151. Short title.

Sec. 5152. Drug-free workplace requirements for Federal contractors.

Sec. 5153. Drug-free workplace requirements for Federal grant recipients.
Sec. 5154. Employee sanctions and remedies.

Sec. 5155. Waiver.

Sec. 5156. Regulations.

Sec. 5157. Definitions.

Sec. 5158. Construction of subtitle.

Sec. 5159. Repeal of limitation on use of funds.

Sec. 5160. Effective date.

Subtitle E-President's Media Commission on Alcohol and Drug Abuse Prevention Sec. 5201. Authorization of appropriations for President's Media Commission on Alcohol and Drug Abuse Prevention.

Subtitle F-Drug-Free America Policy

Sec. 5251. United States policy for a drug-free America by 1995.

Subtitle G-Denial of Federal Benefits to Drug Traffickers and Possessors Sec. 5301. Denial of Federal benefits to drug traffickers and possessors.

Subtitle C-Preventing Drug Abuse in Public Housing

CHAPTER 1-REGULATORY AND ENFORCEMENT

PROVISIONS

SEC. 5101. TERMINATION OF TENANCY IN PUBLIC HOUSING. Section 6(1) of the United States Housing Act of 1937 (42 U.S.C. 1437d(1)) is amended

(1) by striking "and" at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4) and inserting "; and"; and

(3) by adding at the end the following:

"(5) provide that a public housing tenant, any member of the tenant's household, or a guest or other person under the tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near public housing premises, while the tenant is a tenant in public housing, and such criminal activity shall be cause for termination of tenancy. For purposes of paragraph (5), 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 (21 U.S.C. 802)).”.

SEC. 5102. STUDY OF PUBLIC HOUSING SECURITY ACTIVITIES.

(a) IN GENERAL.-The Secretary of Housing and Urban Development shall conduct a study of the extent to which security activities in public housing projects are funded under the performance funding system established under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g).

(b) SPECIFIC REQUIREMENTS.-The study shall include an analysis of

(1) the extent to which the performance funding system currently takes into account, and should take into account, costs associated with maintaining security, including the hiring of security personnel, investigators, and security liaisons with local law enforcement agencies;

(2) the extent to which public housing agencies have been compelled to shift funds from tenant services, building maintenance, or other eligible activities to security activities; and

(3) an estimate of the per unit additional cost necessary to enable all public housing agencies to provide adequate security.

1

(c) REPORT.-Not later than 6 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit to the Congress a report setting forth the findings and recommendations of the Secretary as a result of the study conducted under this section.

SEC. 5103. REPORT ON IMPACT OF PUBLIC HOUSING LEASE AND GRIEVANCE REGULATION ON ABILITY OF PUBLIC HOUSING AGENCIES TO TAKE ACTION AGAINST TENANTS ENGAGING IN DRUG CRIMES.

The Secretary of Housing and Urban Development shall submit to the Congress a report on the impact of the implementation of the public housing tenancy and administrative grievance procedure regulations issued under section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) on the ability of public housing agencies to evict or take other appropriate action against tenants engaging in criminal activity, especially with respect to the manufacture, sale, distribution, use, or possession of controlled substances (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). The report shall be submitted not later than 12 months after the date of the enactment of this Act.1 [42 U.S.C. 1437d note]

SEC. 5104. ELIGIBLE ACTIVITIES UNDER BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT PROGRAM.

Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (as added by title VI of this Act) is amended

(1) by inserting after paragraph (16) the following new paragraph:

"(17) addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing;"; and

(2) by redesignating the succeeding paragraphs accordingly. SEC. 5105. INCLUSION OF LEASEHOLD INTERESTS IN PROPERTY SUBJECT TO FORFEITURE UNDER CONTROLLED SUBSTANCES ACT.

Section 511(a)(7) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended by inserting "(including any leasehold interest)" after "right, title, and interest".

1 The date of enactment was November 18, 1988.

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