§ 11851 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5308 and $15,000,000 for each of the fiscal years 1990 4244, which enacted this chapter and sections 3156–1, through 1993. 3201, and 3227 of Title 20, Education, and amended sec- tions 1786, 4994, and 5081 of this title and sections 3156a, (Pub. L. 100–690, title III, § 3522, Nov. 18, 1988, 102 3181, 3191 to 3195, 3197, 3212, and 3222 of Title 20. For Stat. 4260; Pub. L. 101–93, § 4(2), Aug. 16, 1989, 103 complete classification of title III to the Code, see Stat. 611; Pub. L. 101–204, title X, § 1001(c)(1), Tables. Dec. 7, 1989, 103 Stat. 1826.) Subtitle A (other than section 3201), referred to in par. (9)(A), is subtitle A (§§ 3101–3402) of title III of Pub. AMENDMENTS L. 100–690, Nov. 18, 1988, 102 Stat. 4245, which enacted 1989—Subsec. (a). Pub. L. 101–93 and Pub. L. 101–204, former sections 3156–1, 3201, and 3227 of Title 20, and § 1001(c)(1)(A)(ii), made identical amendments, striking amended sections 4994 and 5081 of this title and former out ‘‘(as defined in section 11851(6) of this title)’’ after sections 3156a, 3181, 3191 to 3195, 3197, 3212, and 3222 of ‘‘drug abuse’’. Title 20. For complete classification of subtitle A to Pub. L. 101–204, § 1001(c)(1)(A)(i), struck out ‘‘, acting the Code, see Tables. through the Administrator,’’ before ‘‘shall develop’’. Section 3201, referred to in par. (9)(A), (B), is section Subsec. (b). Pub. L. 101–204, § 1001(c)(1)(B), substituted 3201 of Pub. L. 100–690, title III, Nov. 18, 1988, 102 Stat. ‘‘Secretary of Health and Human Services’’ for ‘‘Ad- 4246, which amended section 1786 of this title. ministrator’’. Subtitle B, referred to in par. (9)(C), is subtitle B (§§ 3501–3522) of title III of Pub. L. 100–690, Nov. 18, 1988, SUBCHAPTER IV—MISCELLANEOUS 102 Stat. 4254, which enacted subchapters I to III of this chapter. For complete classification of subtitle B to § 11851. Definitions the Code, see Tables. Unless otherwise defined by an Act amended AMENDMENTS by this title,1 for purposes of this title 1 and the 1993—Par. (5). Pub. L. 103–82 added par. (5) and struck amendments made by this title—1 out former par. (5) which read as follows: ‘‘the term ‘Di- (1) the term ‘‘community based’’ has the rector’ means the Director of the ACTION Agency,’’. meaning given it in section 5603(1) of this title, 1989—Pub. L. 101–204 redesignated pars. (2) to (13) as (2) the term ‘‘controlled substance’’ has the (1) to (12), respectively, and struck out former par. (1) which read as follows: ‘‘the term ‘Administrator’ means meaning given it in section 802(6) of title 21, the Administrator of the Office of Juvenile Justice and (3) the term ‘‘controlled substance ana- Delinquency Prevention,’’. logue’’ has the meaning given it in section 802(32) of title 21, EFFECTIVE DATE OF 1993 AMENDMENT (4) the term ‘‘drug’’ means— Amendment by Pub. L. 103–82 effective Apr. 4, 1994, (A) a beverage containing alcohol, see section 406(b) of Pub. L. 103–82, set out as a note (B) a controlled substance, or under section 8332 of Title 5, Government Organization (C) a controlled substance analogue, and Employees. (5) the term ‘‘Director’’ means the Chief Ex- CHAPTER 124—PUBLIC HOUSING DRUG ecutive Officer of the Corporation for National ELIMINATION and Community Service, SUBCHAPTER I—PUBLIC AND ASSISTED HOUSING (6) the term ‘‘illicit’’ means unlawful or in- DRUG ELIMINATION jurious, (7) the term ‘‘institution of higher edu- Sec. 11901. Congressional findings. cation’’ has the meaning given it in section 11902. Authority to make grants. 1141(a) of title 20, 11903. Eligible activities. (8) the term ‘‘public agency’’ has the mean- (a) Public and assisted housing. ing given it in section 5603(11) of this title, (b) Other PHA-owned housing. (9) the term ‘‘Secretary’’ means— 11903a. Public and assisted housing youth sports pro- (A) the Secretary of Education for pur- grams. poses of subtitle A (other than section 3201), (a) Public housing youth sports program (B) the Secretary of Agriculture for pur- grants. (b) Entities qualified to receive grants. poses of the amendments made by section (c) Use of grants. 3201, and (d) Eligible activities. (C) the Secretary of Health and Human (e) Grant amount limitations. Services for purposes of subtitle B, (f) Applications. (g) Selection criteria. (10) the term ‘‘State’’ has the meaning given (h) Report. it in section 5603(7) of this title, (i) Definitions. (11) the term ‘‘treatment’’ has the meaning (j) Regulations. given it in section 5603(15) of this title, and (k) Omitted. (12) the term ‘‘unit of general local govern- (l) Midnight basketball league training ment’’ has the meaning given it in section and partnership programs. 5603(8) of this title. 11904. Applications. (a) In general. (Pub. L. 100–690, title III, § 3601, Nov. 18, 1988, 102 (b) Criteria. Stat. 4260; Pub. L. 101–204, title X, § 1001(c)(2), (c) Federally assisted low-income hous- Dec. 7, 1989, 103 Stat. 1827; Pub. L. 103–82, title ing. IV, § 405(n), Sept. 21, 1993, 107 Stat. 922.) (d) High intensity drug trafficking areas. 11905. Definitions. REFERENCES IN TEXT 11906. Implementation. 11907. Reports. This title, referred to in introductory provisions, 11908. Monitoring. means title III of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 11909. Authorization of appropriations. (a) In general. 1 See References in Text note below. (b) Set-asides. 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. youth sports programs only with respect to AMENDMENTS public housing sites that the Secretary deter- mines have a substantial problem regarding 1996—Subsec. (a)(7). Pub. L. 104–330 inserted ‘‘or trib- the use or sale of illegal drugs. ally designated housing entity’’ after ‘‘public housing agency’’ and struck out ‘‘public housing’’ after ‘‘non- (2) Youth sports program eligibility profit’’. To be eligible to receive assistance from a 1992—Pub. L. 102–550 designated existing provisions as grant under this section, a youth sports pro- subsec. (a), inserted heading, inserted ‘‘where a public gram shall be designed and organized as fol- housing agency receives a grant,’’ in par. (7), and added subsec. (b). lows: 1990—Pub. L. 101–625 amended section generally. Prior (A) The sports program shall serve pri- to amendment, section read as follows: ‘‘A public hous- marily youths from the public housing ing agency may use a grant under this subchapter for— project in which the program assisted by the ‘‘(1) the employment of security personnel in public grant is operated. housing projects; (B) The sports program shall provide posi- ‘‘(2) reimbursement of local law enforcement agen- tive sports activities or positive cultural, cies for additional security and protective services recreational, or other activities, designed to for public housing projects; ‘‘(3) physical improvements in public housing appeal to youths as alternatives to the drug projects which are specifically designed to enhance environment in the public housing project. security; (C) The sports program shall be operated ‘‘(4) the employment of 1 or more individuals— as, in conjunction with, or in furtherance of, Page 5311 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11903a

an organized program or plan designed to be used to replace other public funds pre- eliminate drugs and drug-related problems viously used, or designated for use, for the in the public housing project or projects purposes under this Act. within the public housing agency. (4) Maximum annual grant amount (3) Midnight basketball league programs For any single fiscal year, the Secretary Notwithstanding any other provision of this may not award grants under this section for subsection and subsection (d) of this section, a carrying out a youth sports program with re- grant under this section may be used to carry spect to any single public housing project in out any youth sports program that meets the an amount exceeding $125,000. requirements of a midnight basketball league (f) Applications program under subsection (l)(4) of this section To be eligible to receive a grant under this (not including subparagraph (B) of such sub- section, a qualified entity under subsection (b) section) if the program serves primarily of this section shall submit to the Secretary an youths and young adults from the public hous- application as the Secretary may require, which ing project in which the program assisted by shall include the following: the grant is operated. (1) A description of the organization of the (d) Eligible activities youth sports program. (2) A description of the nature of services Any qualified entity that receives a grant provided by the youth sports program. under this section may use amounts from the (3) An estimate of the number of youth in- grant to assist in carrying out a youth sports volved. program in any of the following manners: (4) A description of the extent of involve- (1) Acquisition, construction, or rehabilita- ment of local sports organizations or sports tion of community centers, parks, or play- figures. grounds. (5) A description of the facilities used. (2) Redesigning or modifying public spaces in (6) A description of plans to continue the public housing projects to provide increased youth sports program in the future. utilization of the areas by youth sports pro- (7) A statement regarding the extent to grams. which the youth sports program meets the cri- (3) Provision of public services, including teria for selection under subsection (g) of this salaries and expenses for staff of youth sports section. programs, cultural activities, transportation (8) A description of the planned schedule and costs, educational programs relating to drug activities of the youth sports program and the abuse, and sports and recreation equipment. financial and other resources committed to (4) In the case only of an eligible entity de- each activity and service of the program. scribed in subsection (b)(8) 1 of this section, (9) A budget describing the share of the costs any transportation costs in connection with of the youth sports program provided by the the program. grant under this section and other sources of (e) Grant amount limitations funds, including funds required under sub- section (e)(1) of this section. (1) Matching amount (10) Any other information that the Sec- The Secretary may not make a grant to any retary may require. qualified entity that applies for a grant under (g) Selection criteria subsection (f) of this section unless the appli- cant entity certifies to the Secretary, as the The Secretary shall select qualified entities Secretary shall require, that the applicant that have applied under subsection (f) of this will supplement the amount provided by the section to receive grants under this section pur- grant with an amount of funds from non-Fed- suant to a competition based on the following eral sources equal to or greater than 50 per- criteria: (1) The extent to which the youth sports pro- cent of the amount provided by the grant. gram to be assisted with the grant addresses (2) Non-Federal funds the particular needs of the area to be served For purposes of this subsection, the term by the program and employs methods, ap- ‘‘funds from non-Federal sources’’ includes proaches, or ideas in the design or implemen- funds from States, units of general local gov- tation of the program particularly suited to ernments, or agencies of such governments, fulfilling such needs (whether such methods private contributions, any salary paid to staff are conventional or unique and innovative). to carry out the youth sports program of the (2) The technical merit of the application of recipient, the value of the time and services the qualified entity. contributed by volunteers to carry out the (3) The qualifications, capabilities, and expe- program of the recipient at a rate determined rience of the personnel and staff of the sports by the Secretary, the value of any donated program who are critical to achieving the ob- material, equipment, or building, and the jectives of the program as described in the ap- value of any lease on a building. plication. (4) The capabilities, related experience, fa- (3) Prohibition of substitution of funds cilities, techniques of the applicant for carry- Neither amounts received from grants under ing out the youth sports program and achiev- this section nor any State or local government ing the objectives of the program as described funds used to supplement such amounts may in the application and the potential of the ap- plicant for continuing the youth sports pro- 1 See References in Text note below. gram. § 11903a TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5312

(5) The severity of the drug problem at the (k) Omitted local public housing site for the youth sports l program and the extent of any planned or ac- ( ) Midnight basketball league training and part- tual efforts to rid the site of the problem. nership programs (6) The extent to which local sports organi- (1) Authority zations or sports figures are involved. The Secretary shall make grants, to the ex- (7) The extent of the support of the public tent that amounts are approved in appropria- housing agency for the program, coordination tions Acts under paragraph (13), to— of proposed activities with local resident man- (A) eligible entities to assist such entities agement groups or associations (where such in carrying out midnight basketball league groups exist) and coordination of proposed ac- programs meeting the requirements of para- tivities with ongoing programs of the appli- graph (4); and cant that further the purposes of this section. (B) eligible advisory entities to provide (8) The extent of non-Federal contributions technical assistance to eligible entities in that exceed the amount of such funds required establishing and operating such midnight under subsection (e)(1) of this section. basketball league programs. (9) In the case of a qualified entity under (2) Eligible entities paragraph (3) or (4) of subsection (b) of this section, the extent to which the applicant has (A) In general demonstrated local government support for Subject to subparagraph (B), grants under the program. paragraph (1)(A) may be made only to the following eligible entities: (h) Report (i) Entities eligible under subsection (b) Each qualified entity that receives a grant of this section for a grant under subsection under this section shall submit to the Secretary, (a) of this section. not later than the expiration of the 90-day pe- (ii) Nonprofit organizations providing riod beginning on the date on which the grant employment counseling, job training, or amounts provided under this section are fully other educational services. expended, a report describing the activities car- (iii) Nonprofit organizations providing ried out with the grant. federally assisted low-income housing. (i) Definitions (B) Prohibition on second grants For purposes of this section: A grant under paragraph (1)(A) may not be (1) Public housing agency made to an eligible entity if the entity has previously received a grant under such para- The term ‘‘public housing agency’’ has the graph, except that the Secretary may ex- meaning given the term in section 1437a(b) of empt an eligible advisory entity from the this title. prohibition under this subparagraph in ex- (2) Public housing project traordinary circumstances. The terms ‘‘project’’ and ‘‘public housing’’ (3) Use of grant amounts have the meanings given the terms in section Any eligible entity that receives a grant 1437a(b) of this title. under paragraph (1)(A) may use such amounts (3) Qualified entity only— (A) to establish or carry out a midnight The term ‘‘qualified entity’’ means an entity basketball league program under paragraph eligible under subsection (b) of this section to (4); apply for and receive a grant under this sec- (B) for salaries for administrators and tion. staff of the program; (4) State (C) for other administrative costs of the The term ‘‘State’’ means the States of the program, except that not more than 5 per- United States, the District of Columbia, the cent of the grant amount may be used for Commonwealth of Puerto Rico, the Common- such administrative costs; and wealth of the Northern Mariana Islands, (D) for costs of training and assistance Guam, the Virgin Islands, American Samoa, provided under paragraph (4)(I). the Trust Territory of the Pacific Islands, and (4) Program requirements any other territory or possession of the United Each eligible entity receiving a grant under States. paragraph (1)(A) shall establish a midnight (5) Unit of general local government basketball league program as follows: (A) The program shall establish a basket- The term ‘‘unit of general local govern- ball league of not less than 8 teams having 10 ment’’ means any city, town, township, coun- players each. ty, parish, village, or other general purpose (B) Not less than 50 percent of the players political subdivision of a State. in the basketball league shall be residents of (6) Secretary federally assisted low-income housing or The term ‘‘Secretary’’ means the Secretary members of low-income families (as such of Housing and Urban Development. term is defined in section 1437a(b) of this title). (j) Regulations (C) The program shall be designed to serve The Secretary shall issue any regulations nec- primarily youths and young adults from a essary to carry out this section. neighborhood or community whose popu- Page 5313 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11903a

lation has not less than 2 of the following amount sufficient to provide not less than characteristics (in comparison with national 50 percent of the cost of carrying out the averages): midnight basketball league program. (i) A substantial problem regarding use (B) Non-Federal funds or sale of illegal drugs. (ii) A high incidence of crimes commit- For purposes of this paragraph, the term ted by youths or young adults. ‘‘funds from non-Federal sources’’ includes (iii) A high incidence of persons infected amounts from nonprofit organizations, pub- with the human immunodeficiency virus lic housing agencies, States, and Indian or sexually transmitted diseases. housing authorities, private contributions, (iv) A high incidence of pregnancy or a any salary paid to staff (other than from high birth rate, among adolescents. grant amounts under paragraph (1)(A)) to (v) A high unemployment rate for youths carry out the program of the eligible entity, and young adults. in-kind contributions to carry out the pro- (vi) A high rate of high school drop-outs. gram (as determined by the Secretary after consultation with the Advisory Committee), (D) The program shall require each player the value of any donated material, equip- in the league to attend employment counsel- ment, or building, the value of any lease on ing, job training, and other educational a building, the value of any utilities pro- classes provided under the program, which vided, and the value of any time and services shall be held immediately following the con- contributed by volunteers to carry out the clusion of league basketball games at or program of the eligible entity. near the site of the games and at other spec- ified times. (C) Prohibition on substitution of funds (E) The program shall serve only youths Grant amounts under paragraph (1)(A) and and young adults who demonstrate a need amounts provided by States and units of for such counseling, training, and education general local government to supplement provided by the program, in accordance with grant amounts may not be used to replace criteria for demonstrating need, which shall other public funds previously used, or des- be established by the Secretary, in consulta- ignated for use, under this section. tion with the Advisory Committee. (D) Maximum and minimum grant amounts (F) The majority of the basketball games (i) In general of the league shall be held between the hours of 10:00 p.m. and 2:00 a.m. at a location in the The Secretary may not make a grant neighborhood or community served by the under paragraph (1)(A) to any single eligi- program. ble entity in an amount less than $55,000 or (G) The program shall obtain sponsors for exceeding $130,000, except as provided in each team in the basketball league. Spon- clause (ii). sors shall be private individuals or busi- (ii) Exception for large leagues nesses in the neighborhood or community In the case of a league having more than served by the program who make financial 80 players, a grant under paragraph (1)(A) contributions to the program and partici- may exceed $130,000, but may not exceed pate in or supplement the employment, job the amount equal to 35 percent of the cost training, and educational services provided of carrying out the midnight basketball to the players under the program with addi- league program. tional training or educational opportunities. (H) The program shall comply with any (E) Disbursement criteria established by the Secretary, in con- Amounts provided under a grant under sultation with the Advisory Committee es- paragraph (1)(A) shall be disbursed to the el- tablished under paragraph (9). igible entity receiving the grant over the 5- (I) Administrators or organizers of the pro- year period beginning on the date that the gram shall receive training and technical as- entity is selected to receive the grant, as fol- sistance provided by eligible advisory enti- lows: ties receiving grants under paragraph (8). (i) In each of the first 2 years of such 5- (5) Grant amount limitations year period, 23 percent of the total grant (A) Private contributions amount shall be disbursed to the entity. (ii) In each of the last 3 years of such 5- The Secretary may not make a grant year period, 18 percent of the total grant under paragraph (1)(A) to an eligible entity amount shall be disbursed to the entity. that applies for a grant under paragraph (6) unless the applicant entity certifies to the (6) Applications Secretary that the entity will supplement To be eligible to receive a grant under para- the grant amounts with amounts of funds graph (1)(A), an eligible entity shall submit to from non-Federal sources, as follows: the Secretary an application in the form and (i) In each of the first 2 years that manner required by the Secretary (after con- amounts from the grant are disbursed sultation with the Advisory Committee), (under subparagraph (E)), an amount suffi- which shall include— cient to provide not less than 35 percent of (A) a description of the midnight basket- the cost of carrying out the midnight bas- ball league program to be carried out by the ketball league program. entity, including a description of the em- (ii) In each of the last 3 years that ployment counseling, job training, and other amounts from the grant are disbursed, an educational services to be provided; § 11903a TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5314

(B) letters of agreement from service pro- night basketball league programs in subur- viders to provide training and counseling ban or rural areas. services required under paragraph (4) and a (iii) Each grant shall be in an amount description of such service providers; not exceeding $25,000. (C) letters of agreement providing for fa- (9) Advisory Committee cilities for basketball games and counseling, training, and educational services required The Secretary of Housing and Urban Devel- under paragraph (4) and a description of the opment shall appoint an Advisory Committee facilities; to assist the Secretary in providing grants (D) a list of persons and businesses from under this subsection. The Advisory Commit- the community served by the program who tee shall be composed of not more than 7 mem- have expressed interest in sponsoring, or bers, as follows: have made commitments to sponsor, a team (A) Not less than 2 individuals who are in- in the midnight basketball league; and volved in managing or administering mid- (E) evidence that the neighborhood or night basketball programs that the Sec- community served by the program meets the retary determines have been successful and requirements of paragraph (4)(C). effective. Such individuals may not be in- (7) Selection volved in a program assisted under this sub- section or a member or employee of an eligi- The Secretary, in consultation with the Ad- ble advisory entity that receives a technical visory Committee, shall select eligible entities assistance grant under paragraph (1)(B). that have submitted applications under para- (B) A representative of the Center for Sub- graph (6) to receive grants under paragraph stance Abuse Prevention of the Public (1)(A). The Secretary, in consultation with the Health Service, Department of Health and Advisory Committee, shall establish criteria Human Services, who is involved in admin- for selection of applicants to receive such istering the grant program for prevention, grants. The criteria shall include a preference treatment, and rehabilitation model projects for selection of eligible entities carrying out for high risk youth under section 290aa–8 2 of midnight basketball league programs in subur- this title who shall be selected by the Sec- ban and rural areas. retary of Health and Human Services. (8) Technical assistance grants (C) A representative of the Department of Technical assistance grants under paragraph Education, who shall be selected by the Sec- (1)(B) shall be made as follows: retary of Education. (A) Eligible advisory entities (D) A representative of the Department of Technical assistance grants may be made Health and Human Services, who shall be se- only to entities that— lected by the Secretary of Health and (i) are experienced and have expertise in Human Services from among officers and establishing, operating, or administering employees of such Department involved in successful and effective programs for mid- issues relating to high-risk youth. night basketball and employment, job (10) Reports training, and educational services similar The Secretary shall require each eligible en- to the programs under paragraph (4); and tity receiving a grant under paragraph (1)(A) (ii) have provided technical assistance to and each eligible advisory entity receiving a other entities regarding establishment and grant under paragraph (1)(B) to submit to the operation of such programs. Secretary, for each year in which grant (B) Use amounts are received by the entity, a report Amounts received under technical assist- describing the activities carried out with such ance grants shall be used to establish cen- amounts. ters for providing technical assistance to en- (11) Study tities receiving grants under paragraph To the extent amounts are provided under (1)(A) of this subsection and subsection (a) of appropriation Acts pursuant to paragraph this section regarding establishment, oper- (13)(C), the Secretary shall make a grant to ation, and administration of effective and one entity qualified to carry out a study under successful midnight basketball league pro- this paragraph. The entity shall use such grams under this subsection and subsection grant amounts to carry out a scientific study (c)(3) of this section. of the effectiveness of midnight basketball (C) Number and amount league programs under paragraph (4) of eligi- To the extent that amounts are provided ble entities receiving grants under paragraph in appropriations Acts under paragraph (1)(A). The Secretary shall require such entity (13)(B) in each fiscal year, the Secretary to submit a report describing the study and shall make technical assistance grants any conclusions and recommendations result- under paragraph (1)(B). In each fiscal year ing from the study to the Congress and the that such amounts are available the Sec- Secretary not later than the expiration of the retary shall make 4 such grants, as follows: 2-year period beginning on the date that the (i) 2 grants shall be made to eligible ad- grant under this paragraph is made. visory entities for development of mid- (12) Definitions night basketball league programs in public housing projects. For purposes of this subsection: (ii) 2 grants shall be made to eligible ad- visory entities for development of mid- 2 See References in Text note below. Page 5315 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11904

(A) The term ‘‘Advisory Committee’’ heading and text of former par. (1). Text read as fol- means the Advisory Committee established lows: ‘‘The term ‘Indian tribe’ has the meaning given under paragraph (9). such term in section 5302(a)(17) of this title.’’ (B) The term ‘‘eligible advisory entity’’ Subsec. (l)(5)(B). Pub. L. 104–330, § 501(d)(2)(D), sub- stituted ‘‘and Indian housing authorities’’ for ‘‘units of means an entity meeting the requirements general local government, and Indian housing authori- under paragraph (8)(A). ties’’. (C) The term ‘‘eligible entity’’ means an 1994—Pub. L. 103–227, § 1052(1), substituted ‘‘Public and entity described under paragraph (2)(A). assisted housing’’ for ‘‘Public housing’’ in section (D) The term ‘‘federally assisted low-in- catchline. come housing’’ has the meaning given the Subsec. (a). Pub. L. 103–227, § 1052(2), substituted term in section 11905 of this title. ‘‘Public housing youth sports program grants’’ for (E) The term ‘‘Secretary’’ unless otherwise ‘‘Youth sports program grants’’ in heading. Subsec. (c)(3). Pub. L. 103–227, § 1053, added par. (3). specified, means the Secretary of Housing Subsec. (l). Pub. L. 103–227, § 1052(3), added subsec. (l). and Urban Development. 1992—Subsec. (a). Pub. L. 102–389 substituted ‘‘for resi- (13) Authorization of appropriations dents of projects’’ for ‘‘in projects’’. Subsec. (b)(5). Pub. L. 102–389 inserted ‘‘and institu- There are authorized to be appropriated— tions of higher learning’’ after ‘‘nonprofit organiza- (A) for grants under paragraph (1)(A), tions’’. $2,650,000 in each of fiscal years 1994 and 1995; Subsec. (b)(8). Pub. L. 102–550, § 126(b)(1), added par. (B) for technical assistance grants under (8). paragraph (1)(B), $100,000 in each of fiscal Subsec. (d)(3). Pub. L. 102–389 inserted ‘‘transpor- years 1994 and 1995; and tation costs,’’ after ‘‘cultural activities,’’. (C) for a study grant under paragraph (11), Subsec. (d)(4). Pub. L. 102–550, § 126(b)(2), added par. $250,000 in fiscal year 1994. (4). (Pub. L. 101–625, title V, § 520, Nov. 28, 1990, 104 EFFECTIVE DATE OF 1996 AMENDMENT Stat. 4202; Pub. L. 102–389, title II, Oct. 6, 1992, Amendment by Pub. L. 104–330 effective Oct. 1, 1997, 106 Stat. 1587; Pub. L. 102–550, title I, § 126(b), except as otherwise expressly provided, see section 107 Oct. 28, 1992, 106 Stat. 3710; Pub. L. 103–227, title of Pub. L. 104–330, set out as an Effective Date note X, §§ 1052, 1053, Mar. 31, 1994, 108 Stat. 274, 280; under section 4101 of Title 25, Indians. Pub. L. 104–330, title V, § 501(d)(2), Oct. 26, 1996, TERMINATION OF TRUST TERRITORY OF THE PACIFIC 110 Stat. 4043.) ISLANDS

REFERENCES IN TEXT For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title Subsection (b)(8) of this section, referred to in subsec. 48, Territories and Insular Possessions. (d)(4), was redesignated subsection (b)(6) by Pub. L. 104–330, title V, § 501(d)(2)(A)(iii), Oct. 26, 1996, 110 Stat. TERMINATION OF ADVISORY COMMITTEES 4043. Advisory committees established after Jan. 5, 1973, to This Act, referred to in subsec. (e)(3), is the Cranston- terminate not later than the expiration of the 2-year Gonzalez National Affordable Housing Act, Pub. L. period beginning on the date of their establishment, 101–625, Nov. 28, 1990, 104 Stat. 4079. For complete classi- unless, in the case of a committee established by the fication of this Act to the Code, see Short Title note President or an officer of the Federal Government, such set out under section 12701 of this title and Tables. committee is renewed by appropriate action prior to Section 1437a(b) of this title, referred to in subsec. the expiration of such 2-year period, or in the case of (i)(2), was in the original ‘‘section 3(6) of the United a committee established by Congress, its duration is States Housing Act of 1937 (42 U.S.C. 1437a(b))’’, and was otherwise provided by law. See section 14 of Pub. L. translated as reading ‘‘section 3(b) of the United States 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix Housing Act of 1937’’ to reflect the probable intent of to Title 5, Government Organization and Employees. Congress. Section 290aa–8 of this title, referred to in subsec. SECTION REFERRED TO IN OTHER SECTIONS (l)(9)(B), was in the original a reference to section 509A This section is referred to in section 11909 of this of the Public Health Service Act. Section 509A of that title. Act was renumbered section 517 and amended by Pub. L. 102–321, title I, § 114, July 10, 1992, 106 Stat. 346, and § 11904. Applications was transferred to section 290bb–23 of this title. (a) In general CODIFICATION To receive a grant under this subchapter, a Section was enacted as part of the Cranston-Gonzalez public housing agency, a public housing resident National Affordable Housing Act, and not as part of management corporation, a tribally designated Public and Assisted Housing Drug Elimination Act of 1990 which comprises this subchapter. housing entity, or an owner of federally assisted Section is comprised of section 520 of Pub. L. 101–625. low-income housing shall submit an application Subsec. (k) of section 520 of Pub. L. 101–625 amended to the Secretary, at such time, in such manner, section 11908 of this title. and accompanied by such additional information as the Secretary may reasonably require. Such AMENDMENTS application shall include a plan for addressing 1996—Subsec. (b)(5). Pub. L. 104–330, § 501(d)(2)(A)(i), the problem of drug-related crime on the prem- inserted ‘‘and’’ at end. ises of the housing administered or owned by the Subsec. (b)(6) to (8). Pub. L. 104–330, § 501(d)(2)(A)(ii), (iii), redesignated par. (8) as (6) and struck out former applicant for which the application is being sub- pars. (6) and (7) which read as follows: mitted. ‘‘(6) Indian tribes; (b) Criteria ‘‘(7) Indian housing authorities; and’’. Subsec. (e)(2). Pub. L. 104–330, § 501(d)(2)(B), struck out Except as provided by subsections (c) and (d) ‘‘Indian tribes,’’ after ‘‘such governments,’’. of this section the Secretary shall approve appli- Subsec. (i). Pub. L. 104–330, § 501(d)(2)(C), redesignated cations under this subchapter based exclusively pars. (2) to (7) as (1) to (6), respectively, and struck out on— § 11905 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5316

(1) the extent of the drug-related crime prob- (1) Controlled substance lem in the public or federally assisted low-in- The term ‘‘controlled substance’’ has the come housing project or projects proposed for meaning given such term in section 802 of title assistance; 21. (2) the quality of the plan to address the crime problem in the public or federally as- (2) Drug-related crime sisted low-income housing project or projects The term ‘‘drug-related crime’’ means the il- proposed for assistance, including the extent legal manufacture, sale, distribution, use, or to which the plan includes initiatives that can possession with intent to manufacture, sell, be sustained over a period of several years; distribute, or use a controlled substance. (3) the capability of the applicant to carry (3) Secretary out the plan; and (4) the extent to which tenants, the local The term ‘‘Secretary’’ means the Secretary government and the local community support of Housing and Urban Development. and participate in the design and implementa- (4) Federally assisted low-income housing tion of the activities proposed to be funded The term ‘‘federally assisted low-income under the application. housing’’ means housing assisted under— (c) Federally assisted low-income housing (A) section 1715l(d)(3), section 1715l(d)(4), or In addition to the selection criteria specified 1715z–1 of title 12; in subsection (b) of this section, the Secretary (B) section 1701s of title 12; may establish other criteria for the evaluation (C) section 1437f of this title; or of applications submitted by owners of federally (D) the Native American Housing Assist- assisted low-income housing, except that such ance and Self-Determination Act [25 U.S.C. additional criteria shall be designed only to re- 4101 et seq.]. flect— (5) Tribally designated housing entity (1) relevant differences between the financial The term ‘‘tribally designated housing en- resources and other characteristics of public tity’’ has the meaning given such term in sec- housing authorities and owners of federally as- tion 4 of the Native American Housing Assist- sisted low-income housing, or ance and Self-Determination Act of 1996 [25 (2) relevant differences between the problem U.S.C. 4103]. of drug-related crime in public housing and the problem of drug-related crime in federally (Pub. L. 100–690, title V, § 5126, Nov. 18, 1988, 102 assisted low-income housing. Stat. 4302; Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4247; Pub. L. 104–330, title VII, (d) High intensity drug trafficking areas § 704(4), Oct. 26, 1996, 110 Stat. 4051.) In evaluating the extent of the drug-related crime problem pursuant to subsection (b) of this REFERENCES IN TEXT section, the Secretary may consider whether The Native American Housing Assistance and Self- housing projects proposed for assistance are lo- Determination Act, referred to in par. (4)(D), probably cated in a high intensity drug trafficking area means the Native American Housing Assistance and designated pursuant to section 1504 of title 21. Self-Determination Act of 1996, Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to (Pub. L. 100–690, title V, § 5125, Nov. 18, 1988, 102 chapter 43 (§ 4101 et seq.) of Title 25, Indians. For com- Stat. 4302; Pub. L. 101–625, title V, § 581(a), Nov. plete classification of this Act to the Code, see Short 28, 1990, 104 Stat. 4246; Pub. L. 102–550, title I, Title note set out under section 4101 of Title 25 and § 161(d)(3), Oct. 28, 1992, 106 Stat. 3719; Pub. L. Tables. 104–330, title VII, § 704(3), Oct. 26, 1996, 110 Stat. AMENDMENTS 4051.) 1996—Par. (4)(D). Pub. L. 104–330, § 704(4)(A), added AMENDMENTS subpar. (D). 1996—Subsec. (a). Pub. L. 104–330 inserted ‘‘a tribally Par. (5). Pub. L. 104–330, § 704(4)(B), added par. (5). designated housing entity,’’ after ‘‘resident manage- 1990—Pub. L. 101–625 amended section generally, add- ment corporation,’’. ing provisions defining ‘‘Federally assisted low-income 1992—Subsec. (a). Pub. L. 102–550 inserted ‘‘, a public housing’’. housing resident management corporation,’’ after EFFECTIVE DATE OF 1996 AMENDMENT ‘‘public housing agency’’ in first sentence. 1990—Pub. L. 101–625 amended section generally, sub- Amendment by Pub. L. 104–330 effective Oct. 1, 1997, stituting present provisions for provisions relating gen- except as otherwise expressly provided, see section 107 erally to applications for grants under this subchapter of Pub. L. 104–330, set out as an Effective Date note and to criteria for approval of such applications. under section 4101 of Title 25, Indians.

EFFECTIVE DATE OF 1996 AMENDMENT SECTION REFERRED TO IN OTHER SECTIONS Amendment by Pub. L. 104–330 effective Oct. 1, 1997, This section is referred to in section 11903a of this except as otherwise expressly provided, see section 107 title. of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians. § 11906. Implementation

SECTION REFERRED TO IN OTHER SECTIONS The Secretary shall issue regulations to im- This section is referred to in section 11907 of this plement this subchapter within 180 days after title. November 28, 1990. (Pub. L. 100–690, title V, § 5127, Nov. 18, 1988, 102 § 11905. Definitions Stat. 4303; Pub. L. 101–625, title V, § 581(a), Nov. For the purposes of this subchapter: 28, 1990, 104 Stat. 4248.) Page 5317 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11922

AMENDMENTS law, of any amounts appropriated for drug elimi- 1990—Pub. L. 101–625 amended section generally. Prior nation grants under this subchapter for fiscal to amendment, section read as follows: ‘‘The Secretary years 1993 and 1994, not more than 6.25 percent shall issue regulations to implement this subchapter shall be available for grants for federally as- within 180 days after November 18, 1988.’’ sisted low-income housing and 5.0 percent shall be available for public housing youth sports pro- § 11907. Reports gram grants under section 11903a of this title. The Secretary shall require grantees to pro- (c) Set-aside for youth sports programs vide periodic reports that include the obligation Of any amount made available in any fiscal and expenditure of grant funds, the progress year to carry out this subchapter, 5 percent of made by the grantee in implementing the plan such amount shall be available for public hous- described in section 11904(a) of this title, and ing youth sports program grants under section any change in the incidence of drug-related 11903a of this title for such fiscal year. crime in projects assisted under this subchapter. (Pub. L. 100–690, title V, § 5130, as added Pub. L. (Pub. L. 100–690, title V, § 5128, Nov. 18, 1988, 102 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. Stat. 4303; Pub. L. 101–625, title V, § 581(a), Nov. 4248; amended Pub. L. 102–550, title I, §§ 126(a), 28, 1990, 104 Stat. 4248.) 161(a), (b), Oct. 28, 1992, 106 Stat. 3710, 3718.) AMENDMENTS AMENDMENTS 1990—Pub. L. 101–625 amended section generally. Prior to amendment, section read as follows: ‘‘Not later than 1992—Subsec. (a). Pub. L. 102–550, § 161(a), amended June 30, 1990, the Secretary, in consultation with the first sentence generally, substituting provisions appro- Director of National Drug Control Policy, shall submit priating funds for fiscal years 1993 and 1994 for provi- to the Congress a report setting forth the activities sions which appropriated $160,000,000 for fiscal year 1991 carried out under the program established in this sub- and $166,900,000 for fiscal year 1992. chapter. The report shall include any recommendations Subsec. (b). Pub. L. 102–550, § 161(b), substituted ‘‘Set- of the Secretary for revisions necessary to make the asides’’ for ‘‘Set-aside for assisted housing’’ in heading program more effective.’’ and inserted at end ‘‘Notwithstanding any other provi- sion of law, of any amounts appropriated for drug § 11908. Monitoring elimination grants under this subchapter for fiscal years 1993 and 1994, not more than 6.25 percent shall be The Secretary shall audit and monitor the available for grants for federally assisted low-income programs funded under this subchapter to en- housing and 5.0 percent shall be available for public sure that assistance provided under this sub- housing youth sports program grants under section chapter is administered in accordance with the 11903a of this title.’’ Subsec. (c). Pub. L. 102–550, § 126(a), added subsec. (c). provisions of this subchapter. (Pub. L. 100–690, title V, § 5129, Nov. 18, 1988, 102 REGULATIONS Stat. 4303; Pub. L. 101–625, title V, §§ 520(k), Section 161(e) of Pub. L. 102–550 provided that: ‘‘Not 581(a), Nov. 28, 1990, 104 Stat. 4205, 4248.) later than 30 days after the date of the enactment of this Act [Oct. 28, 1992], the Secretary shall publish such AMENDMENTS final regulations as may be necessary to implement section 5130(b) of the Public and Assisted Housing Drug 1990—Pub. L. 101–625, § 581(a), amended section gener- Elimination Act of 1990 (42 U.S.C. 11909(a)).’’ ally. Prior to amendment, section read as follows: ‘‘There are authorized to be appropriated to carry out SECTION REFERRED TO IN OTHER SECTIONS this subchapter $8,200,000 for fiscal year 1989 and such sums as may be necessary for fiscal year 1990. From This section is referred to in section 11903a of this any amounts appropriated under this section in each title. fiscal year, 5 percent of such amounts shall be available for public housing youth sports program grants under SUBCHAPTER II—DRUG-FREE PUBLIC section 11903a of this title for such fiscal year. Any HOUSING amount appropriated under this section shall remain available until expended.’’ § 11921. Statement of purpose Pub. L. 101–625, § 520(k), inserted second sentence ‘‘From any amounts appropriated under this section in The purpose of this subchapter is to reaffirm each fiscal year, 5 percent of such amounts shall be the principle that decent affordable shelter is a available for public housing youth sports program basic necessity, and the general welfare of the grants under section 11903a of this title for such fiscal Nation and the health and living standards of its year.’’ people require better coordination and training in drug prevention programs among the public § 11909. Authorization of appropriations officials and agencies responsible for admin- (a) In general istering the public housing programs of the Na- tion. There are authorized to be appropriated to carry out this subchapter $175,000,000 for fiscal (Pub. L. 100–690, title V, § 5142, Nov. 18, 1988, 102 year 1993 and $182,350,000 for fiscal year 1994. Any Stat. 4303.) amount appropriated under this section shall re- main available until expended. § 11922. Clearinghouse on drug abuse in public housing (b) Set-asides Of any amount made available in any fiscal (a) Establishment year to carry out this subchapter, not more than The Secretary of Housing and Urban Develop- 6.25 percent of such amount shall be available ment shall establish, in the Office of Public for grants for federally assisted, low-income Housing in the Department of Housing and housing. Notwithstanding any other provision of Urban Development, a clearinghouse to receive, § 11923 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5318 collect, process, and assemble information re- Sec. garding the abuse of controlled substances in (a) National goals. public housing projects. (b) Amended goals. (c) Authorizations. (b) Functions 12004. Energy efficiency authorizations. The clearinghouse established under sub- 12005. Demonstration and commercial application section (a) of this section shall— projects. (1) respond to inquiries by members of the (a) Purpose. (b) Demonstration and commercial appli- public requesting assistance in investigating, cation projects. studying, and working on the problem of the (c) Selection of projects. abuse of controlled substances; and (d) Authorization of appropriations. (2) receive, collect, process, assemble, and 12006. Reports. provide information on programs, authorities, (a) Report by Secretary. institutions, and agencies, that may further (b) National renewable energy and en- assist members of the public requesting infor- ergy efficiency management plan. mation from the clearinghouse. (c) Report on options. 12007. No antitrust immunity or defenses. (Pub. L. 100–690, title V, § 5143, Nov. 18, 1988, 102 CHAPTER REFERRED TO IN OTHER SECTIONS Stat. 4303.) This chapter is referred to in section 5905 of this title. § 11923. Regional training program on drug abuse in public housing § 12001. Finding, purpose, and general authority (a) Establishment (a) Finding The Secretary shall establish a regional train- The Congress finds that it is in the national ing program for the training of public housing security and economic interest of the United officials, to better prepare and educate the offi- States to foster greater efficiency in the use of cials to confront the widespread abuse of con- available energy supplies and greater use of re- trolled substances in the communities in which newable energy technologies. the officials work. (b) Purpose (b) Operation It is the purpose of this chapter to authorize The regional training program established the Secretary of Energy, acting in accordance under subsection (a) of this section shall be con- with section 13541 of this title, to pursue an ag- ducted within 12 months after November 18, 1988, gressive national program of research, develop- by a national training unit established by the ment, demonstration, and commercial applica- Secretary. tion of renewable energy and energy efficiency (Pub. L. 100–690, title V, § 5144, Nov. 18, 1988, 102 technologies in order to ensure a stable and se- Stat. 4303.) cure future energy supply by— (1) achieving as soon as practicable cost § 11924. Definitions competitive use of those technologies without need of Federal financial incentives; For purposes of this subchapter: (2) establishing long-term Federal research (1) Controlled substance goals and multiyear funding levels; The term ‘‘controlled substance’’ has the (3) directing the Secretary to undertake ini- meaning given such term in section 802 of title tiatives to improve the ability of the private 21. sector to commercialize in the near term re- (2) Secretary newable energy and energy efficiency tech- The term ‘‘Secretary’’ means the Secretary nologies; and of Housing and Urban Development. (4) fostering collaborative efforts involving the private sector through government sup- (Pub. L. 100–690, title V, § 5145, Nov. 18, 1988, 102 port of a program of demonstration and com- Stat. 4304.) mercial application projects. § 11925. Regulations (c) General authority The Secretary, acting in accordance with sec- Not later than 6 months after November 18, tion 13541 of this title, is authorized and directed 1988, the Secretary shall issue any regulations to— necessary to carry out this subchapter. (1) pursue a program of research, develop- (Pub. L. 100–690, title V, § 5146, Nov. 18, 1988, 102 ment, demonstration, and commercial applica- Stat. 4304.) tion with the private sector, to achieve the purpose of this chapter, including the goals es- CHAPTER 125—RENEWABLE ENERGY AND tablished under section 12003 of this title; and ENERGY EFFICIENCY TECHNOLOGY COM- (2) undertake demonstration and commer- PETITIVENESS cial application projects as provided in section Sec. 12005 of this title. 12001. Finding, purpose, and general authority. (a) Finding. (Pub. L. 101–218, § 2, Dec. 11, 1989, 103 Stat. 1859; (b) Purpose. Pub. L. 102–486, title XII, § 1202(d)(1)–(3), Oct. 24, (c) General authority. 1992, 106 Stat. 2959, 2960.) 12002. Definitions. REFERENCES IN TEXT 12003. National goals and multi-year funding for Federal wind, photovoltaics, and solar ther- This chapter, referred to in subsecs. (b) and (c)(1), was mal programs. in the original ‘‘this Act’’, meaning Pub. L. 101–218,