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Page 5309 TITLE 42—THE PUBLIC HEALTH and WELFARE § 11903 Page 5309 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11903 Sec. vided that: ‘‘This chapter [chapter 2 (§§ 5121–5130) of sub- (c) Set-aside for youth sports programs. title C of title V of Pub. L. 100–690, enacting this sub- SUBCHAPTER II—DRUG-FREE PUBLIC HOUSING chapter] may be cited as the ‘Public and Assisted Hous- ing Drug Elimination Act of 1990’.’’ 11921. Statement of purpose. Section 5141 of Pub. L. 100–690 provided that: ‘‘This 11922. Clearinghouse on drug abuse in public hous- chapter [chapter 3 (§§ 5141–5146) of subtitle C of title V ing. of Pub. L. 100–690, enacting subchapter II of this chap- (a) Establishment. (b) Functions. ter] may be cited as the ‘Drug-Free Public Housing Act 11923. Regional training program on drug abuse in of 1988’.’’ public housing. (a) Establishment. § 11902. Authority to make grants (b) Operation. The Secretary of Housing and Urban Develop- 11924. Definitions. 11925. Regulations. ment, in accordance with the provisions of this subchapter, may make grants to public housing SUBCHAPTER I—PUBLIC AND ASSISTED agencies, public housing resident management HOUSING DRUG ELIMINATION corporations that are principally managing, as determined by the Secretary, public housing § 11901. Congressional findings projects owned by public housing agencies, trib- The Congress finds that— ally designated housing entities, and private, (1) the Federal Government has a duty to for-profit and nonprofit owners of federally as- provide public and other federally assisted sisted low-income housing for use in eliminating low-income housing that is decent, safe, and drug-related crime. free from illegal drugs; (Pub. L. 100–690, title V, § 5123, Nov. 18, 1988, 102 (2) public and other federally assisted low-in- Stat. 4301; Pub. L. 101–625, title V, § 581(a), Nov. come housing in many areas suffers from 28, 1990, 104 Stat. 4246; Pub. L. 102–550, title I, rampant drug-related crime; (3) drug dealers are increasingly imposing a § 161(d)(1), Oct. 28, 1992, 106 Stat. 3719; Pub. L. reign of terror on public and other federally 104–330, title VII, § 704(1), Oct. 26, 1996, 110 Stat. assisted low-income housing tenants; 4051.) (4) the increase in drug-related crime not AMENDMENTS only leads to murders, muggings, and other 1996—Pub. L. 104–330 struck out ‘‘(including Indian forms of violence against tenants, but also to Housing Authorities)’’ after ‘‘grants to public housing a deterioration of the physical environment agencies’’ and inserted ‘‘tribally designated housing en- that requires substantial government expendi- tities,’’ before ‘‘and private’’. tures; and 1992—Pub. L. 102–550 inserted ‘‘, public housing resi- (5) local law enforcement authorities often dent management corporations that are principally lack the resources to deal with the drug prob- managing, as determined by the Secretary, public hous- lem in public and other federally assisted low- ing projects owned by public housing agencies,’’ after income housing, particularly in light of the re- ‘‘Authorities)’’. 1990—Pub. L. 101–625 amended section generally. Prior cent reductions in Federal aid to cities. to amendment, section read as follows: ‘‘The Secretary (Pub. L. 100–690, title V, § 5122, Nov. 18, 1988, 102 of Housing and Urban Development, in accordance with Stat. 4301; Pub. L. 101–625, title V, § 581(a), Nov. the provisions of this subchapter, may make grants to 28, 1990, 104 Stat. 4245.) public housing agencies (including Indian housing au- thorities) for use in eliminating drug-related crime in AMENDMENTS public housing projects.’’ 1990—Pub. L. 101–625 amended section generally. Prior EFFECTIVE DATE OF 1996 AMENDMENT to amendment, section read as follows: ‘‘The Congress finds that— Amendment by Pub. L. 104–330 effective Oct. 1, 1997, ‘‘(1) the Federal Government has a duty to provide except as otherwise expressly provided, see section 107 public housing that is decent, safe, and free from ille- of Pub. L. 104–330, set out as an Effective Date note gal drugs; under section 4101 of Title 25, Indians. ‘‘(2) public housing projects in many areas suffer from rampant drug-related crime; § 11903. Eligible activities ‘‘(3) drug dealers are increasingly imposing a reign (a) Public and assisted housing of terror on public housing tenants; ‘‘(4) the increase in drug-related crime not only Grants under this subchapter may be used in leads to murders, muggings, and other forms of vio- public housing or other federally assisted low- lence against tenants, but also to a deterioration of income housing projects for— the physical environment that requires substantial (1) the employment of security personnel; government expenditures; and (2) reimbursement of local law enforcement ‘‘(5) local law enforcement authorities often lack agencies for additional security and protective the resources to deal with the drug problem in public housing, particularly in light of the recent reductions services; in Federal aid to cities.’’ (3) physical improvements which are specifi- cally designed to enhance security; SHORT TITLE OF 1994 AMENDMENT (4) the employment of one or more individ- Pub. L. 103–227, title X, § 1051, Mar. 31, 1994, 108 Stat. uals— 274, provided that: ‘‘This part [part D (§§ 1051–1053) of (A) to investigate drug-related crime on or title X of Pub. L. 103–227, amending section 11903a of about the real property comprising any pub- this title] may be cited as the ‘Midnight Basketball lic or other federally assisted low-income League Training and Partnership Act’.’’ housing project; and SHORT TITLE (B) to provide evidence relating to such Section 5121 of Pub. L. 100–690, as amended by Pub. L. crime in any administrative or judicial pro- 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4245, pro- ceeding; § 11903a TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5310 (5) the provision of training, communica- ‘‘(A) to investigate drug-related crime on or tions equipment, and other related equipment about the real property comprising any public for use by voluntary tenant patrols acting in housing project; and cooperation with local law enforcement offi- ‘‘(B) to provide evidence relating to any such crime in any administrative or judicial proceeding; cials; ‘‘(5) the provision of training, communications (6) programs designed to reduce use of drugs equipment, and other related equipment for use by in and around public or other federally as- voluntary public housing tenant patrols acting in co- sisted low-income housing projects, including operation with local law enforcement officials; drug-abuse prevention, intervention, referral, ‘‘(6) innovative programs designed to reduce use of and treatment programs; and drugs in and around public housing projects; and (7) where a public housing agency or tribally ‘‘(7) providing funding to nonprofit public housing designated housing entity receives a grant, resident management corporation and tenant coun- cils to develop security and drug abuse prevention providing funding to nonprofit resident man- programs involving site residents.’’ agement corporations and resident councils to develop security and drug abuse prevention EFFECTIVE DATE OF 1996 AMENDMENT programs involving site residents. Amendment by Pub. L. 104–330 effective Oct. 1, 1997, (b) Other PHA-owned housing except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note Notwithstanding any other provision of this under section 4101 of Title 25, Indians. subchapter, grants under this subchapter may be used to eliminate drug-related crime in housing § 11903a. Public and assisted housing youth owned by public housing agencies that is not sports programs public housing assisted under the United States (a) Public housing youth sports program grants Housing Act of 1937 [42 U.S.C. 1437 et seq.] and is From amounts provided for public and assisted not otherwise federally assisted, for the activi- housing drug elimination grants under section ties described in paragraphs (1) through (7) of 11909(a) of this title, the Secretary of Housing subsection (a) of this section, but only if— and Urban Development may make grants to (1) the housing is located in a high intensity qualified entities under subsection (b) of this drug trafficking area designated pursuant to section to carry out youth sports programs for section 1504 of title 21; and residents of projects of public housing agencies (2) the public housing agency owning the with substantial drug problems. housing demonstrates, to the satisfaction of the Secretary, that drug-related activity at (b) Entities qualified to receive grants the housing has a detrimental effect on or Grants under this section may be made only about the real property comprising any public to— or other federally assisted low-income hous- (1) States; ing. (2) units of general local government; (3) local park and recreation districts and (Pub. L. 100–690, title V, § 5124, Nov. 18, 1988, 102 agencies; Stat. 4301; Pub. L. 101–625, title V, § 581(a), Nov. (4) public housing agencies; 28, 1990, 104 Stat. 4246; Pub. L. 102–550, title I, (5) nonprofit organizations and institutions § 161(c), (d)(2), Oct. 28, 1992, 106 Stat. 3718, 3719; of higher learning providing youth sports serv- Pub. L. 104–330, title VII, § 704(2), Oct. 26, 1996, 110 ices programs; and Stat. 4051.) (6) institutions of higher learning that have REFERENCES IN TEXT never participated in a youth sports program The United States Housing Act of 1937, referred to in assisted under this section. subsec. (b), is act Sept. 1, 1937, ch. 896, as revised gener- (c) Use of grants ally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 (1) Public housing sites with substantial drug Stat. 653, and amended, which is classified generally to problems chapter 8 (§ 1437 et seq.) of this title. For complete clas- sification of this Act to the Code, see Short Title note Grants under this section shall be used for set out under section 1437 of this title and Tables.
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