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CHAPTER 2—PUBLIC AND ASSISTED HOUSING DRUG

ELIMINATION

SEC. 5121. SHORT TITLE.

This chapter may be cited as the "Public and Assisted Housing Drug Elimination Act of 1990". [42 U.S.C. 11901 note]

SEC. 5122. CONGRESSIONAL FINDINGS.

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 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 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 and other federally assisted low-income housing, particularly in light of the recent reductions in Federal aid to cities. [42 U.S.C. 11901]

SEC. 5123. AUTHORITY TO MAKE GRANTS.

The Secretary of Housing and Urban Development, in accordance with the provisions of this chapter, may make grants to public housing agencies (including Indian Housing Authorities) and private, for-profit and nonprofit owners of federally assisted lowincome housing for use in eliminating drug-related crime. [42 U.S.C. 11902]

SEC. 5124. ELIGIBLE ACTIVITIES.

Grants under this chapter 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 crime on or about 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; and

(7) providing funding to nonprofit public housing resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents. [42 U.S.C. 11903]

SEC. 5125. APPLICATIONS.

(a) IN GENERAL.-To receive a grant under this chapter, a public housing agency 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 crime on the premises of the housing administered or owned by the applicant for which the application is being submitted.

(b) CRITERIA.-Except as provided by subsections (c) and (d) the Secretary shall approve applications under this chapter based exclusively on

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

(c) FEDERALLY ASSISTED LOW-INCOME HOUSING.-In addition to the selection criteria specified in subsection (b), 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 crime in public housing and the problem of drug-related crime in federally assisted low-income housing.

(d) HIGH INTENSITY DRUG TRAFFICKING AREAS.-In evaluating the extent of the drug-related crime problem pursuant to subsection (b), the Secretary may consider whether housing projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 1005 of the Anti-Drug Abuse Act of 1988. [42 U.S.C. 11904]

SEC. 5126. DEFINITIONS.

For the purposes of this chapter:

(1) CONTROLLED SUBSTANCE.-The term "controlled substance" has the meaning given such term in section 102 of the Controlled Substance Act (21 U.S.C. 802).

(2) DRUG-RELATED CRIME.-The term "drug-related crime" means the illegal manufacture, sale, distribution, use, or pos

session 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 221(d)(3), section 221(d)(4), or 236 of the National Housing Act;

(B) section 101 of the Housing and Urban Development Act of 1965; or

(C) section 8 of the United States Housing Act of 1937. [42 U.S.C. 11905]

SEC. 5127. IMPLEMENTATION.

The Secretary shall issue regulations to implement this chapter within 180 days after the date of enactment of the Cranston-Gonzalez National Affordable Housing Act.1 [42 U.S.C. 11906]

SEC. 5128. REPORTS.

The Secretary shall require grantees 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 5125(a), and any change in the incidence of drug-related crime in projects assisted under this chapter. [42 U.S.C. 11907] SEC. 5129. MONITORING.

The Secretary shall audit and monitor the programs funded under this chapter to ensure that assistance provided under this chapter is administered in accordance with the provisions of this chapter. [42 U.S.C. 11908]

SEC. 5130. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.-There is authorized to be appropriated to carry out this chapter $160,000,000 for fiscal year 1991 and $166,900,000 for fiscal year 1992. Any amount appropriated under this section shall remain available until expended.2

(b) SET-ASIDE FOR ASSISTED HOUSING.-Of any amount made available in any fiscal year to carry out this chapter, not more than 6.25 percent of such amount shall be available for grants for federally assisted, low-income housing. [42 U.S.C. 11909]

CHAPTER 3-DRUG-FREE PUBLIC HOUSING

SEC. 5141. SHORT TITLE.

This chapter may be cited as the "Drug-Free Public Housing Act of 1988". [42 U.S.Č. 11901 note]

The date of enactment was November 28, 1990.

2 Section 520(k) of Pub. L. 101-625 amended existing section 5129 of this chapter (relating to authorization of appropriations) by adding at the end the following: "From any amounts appropriated under this section in each fiscal year, 5 percent of such amounts shall be available for public housing youth sports program grants under section 520 of the Cranston-Gonzalez National Affordable Housing Act for such fiscal year.".

However, section 581(a) of such Act amended this chapter in its entirety (including section 5129, as amended) to read as shown.

SEC. 5142. STATEMENT OF PURPOSE.

The purpose of this chapter 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. [42 U.S.C. 11921]

SEC. 5143. CLEARINGHOUSE ON DRUG ABUSE IN PUBLIC HOUSING.

(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) 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. [42 U.S.C. 11922]

SEC. 5144. REGIONAL TRAINING PROGRAM ON DRUG ABUSE IN PUBLIC HOUSING.

(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) shall be conducted within 12 months after the date of the enactment of this Act1 by a national training unit established by the Secretary. [42 U.S.C. 11923]

SEC. 5145. DEFINITIONS.

For purposes of this chapter:

(1) CONTROLLED SUBSTANCE.-The term "controlled substance" has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(2) SECRETARY.-The term "Secretary" means the Secretary of Housing and Urban Development. [42 U.S.C. 11924]

SEC. 5146. REGULATIONS.

Not later than 6 months after the date of the enactment of this Act, the Secretary shall issue any regulations necessary to carry out this chapter. [42 U.S.C. 11925]

1 The date of enactment was November 18, 1988.

PUBLIC HOUSING YOUTH SPORTS PROGRAMS

EXCERPT FROM CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT

[Public Law 101-625; 104 Stat. 4202; 42 U.S.C. 11903a]

SEC. 520. PUBLIC HOUSING YOUTH SPORTS PROGRAMS.

(a) YOUTH SPORTS PROGRAM GRANTS.-From amounts provided for public and assisted housing drug elimination grants under section 5130(a) of the Anti-Drug Abuse Act of 1988, the Secretary of Housing and Urban Development may make grants to qualified entities under subsection (b) to carry out youth sports programs in projects of public housing agencies with substantial drug problems. (b) ENTITIES QUALIFIED TO RECEIVE GRANTS.-Grants under this section may be made only to

(1) States;

(2) units of general local government;

(3) local park and recreation districts and agencies;

(4) public housing agencies;

(5) nonprofit organizations providing youth sports services programs;

(6) Indian tribes; and

(7) Indian housing authorities.

(c) USE OF GRANTS.

(1) PUBLIC HOUSING SITES WITH SUBSTANTIAL DRUG PROBLEMS.-Grants under this section shall be used for youth sports programs only with respect to public housing sites that the Secretary determines have a substantial problem regarding the use or sale of illegal drugs.

(2) YOUTH SPORTS PROGRAM ELIGIBILITY.-To be eligible to receive assistance from a grant under this section, a youth sports program shall be designed and organized as follows:

(A) The sports program shall serve primarily youths from the public housing project in which the program assisted by the grant is operated.

(B) The sports program shall provide positive sports activities or positive cultural, recreational, or other activities, designed to appeal to youths as alternatives to the drug environment in the public housing project.

(C) The sports program shall be operated as, in conjunction with, or in furtherance of, an organized program or plan designed to eliminate drugs and drug-related problems in the public housing project or projects within the public housing agency.

(d) ELIGIBLE ACTIVITIES.-Any qualified entity that receives a grant under this section may use amounts from the grant to assist in carrying out a youth sports program in any of the following manners:

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