
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11904]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 124--PUBLIC HOUSING DRUG ELIMINATION
 
       SUBCHAPTER I--PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION
 
Sec. 11904. Applications


(a) In general

    To receive a grant under this subchapter, a public housing agency, a 
public housing resident management corporation, an Indian tribe \1\ a 
recipient of assistance under the Native American Housing Assistance and 
Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.], or an owner of 
federally assisted low-income housing shall submit an application to the 
Secretary, at such time, in such manner, and accompanied by such 
additional information as the Secretary may reasonably require. Such 
application shall include a plan for addressing the problem of drug-
related or violent crime in and around of \2\ the housing administered 
or owned by the applicant for which the application is being submitted, 
which plan shall be coordinated with and may be included in the public 
housing agency plan submitted to the Secretary pursuant to section 
1437c-1 of this title.
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    \1\ So in original. Probably should be followed by a comma.
    \2\ So in original.
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(b) One-year renewable grants

                           (1) In general

        An eligible applicant that is a public housing agency may apply 
    for a 1-year grant under this subchapter that, subject to the 
    availability of appropriated amounts, shall be renewed annually for 
    a period of not more than 4 additional years, except that such 
    renewal shall be contingent upon the Secretary finding, upon an 
    annual or more frequent review, that the grantee agency is 
    performing under the terms of the grant and applicable laws in a 
    satisfactory manner and meets such other requirements as the 
    Secretary may prescribe. The Secretary may adjust the amount of any 
    grant received or renewed under this paragraph to take into account 
    increases or decreases in amounts appropriated for these purposes or 
    such other factors as the Secretary determines to be appropriate.

                   (2) Eligibility and preference

        The Secretary may not provide assistance under this subchapter 
    to an applicant that is a public housing agency unless--
            (A) the agency will use the grants to continue or expand 
        activities eligible for assistance under this subchapter, as in 
        effect immediately before the effective date under section 
        503(a) of the Quality Housing and Work Responsibility Act of 
        1998, in which case the Secretary shall provide preference to 
        such applicant; except that preference under this subparagraph 
        shall not preclude selection by the Secretary of other 
        meritorious applications that address urgent or serious crime 
        problems nor be construed to require continuation of activities 
        determined by the Secretary to be unworthy of continuation; or
            (B) the agency is in the class established under paragraph 
        (3).

          (3) PHAs having urgent or serious crime problems

        The Secretary shall, by regulations issued after notice and 
    opportunity for public comment, set forth criteria for establishing 
    a class of public housing agencies that have urgent or serious crime 
    problems. The Secretary may reserve a portion of the amount 
    appropriated to carry out this subchapter in each fiscal year only 
    for grants for public housing agencies in such class, except that 
    any amounts from such portion reserved that are not obligated to 
    agencies in the class shall be made available only for agencies that 
    are subject to a preference under paragraph (2)(A).

    (4) Inapplicability to federally assisted low-income housing

        The provisions of this subsection shall not apply to federally 
    assisted low-income housing.

(c) Criteria

    The Secretary shall approve applications under subsection (b) of 
this section that are not subject to a preference under subsection 
(b)(2)(A) of this section on the basis of thresholds or criteria such 
as--
        (1) the extent of the drug-related or violent crime problem in 
    and around the public or federally assisted low-income housing 
    project or projects proposed for assistance;
        (2) the quality of the plan to address the crime problem in the 
    public or federally assisted low-income housing project or projects 
    proposed for assistance, including the extent to which the plan 
    includes initiatives that can be sustained over a period of several 
    years;
        (3) the capability of the applicant to carry out the plan; and
        (4) the extent to which tenants, the local government and the 
    local community support and participate in the design and 
    implementation of the activities proposed to be funded under the 
    application.

(d) Federally assisted low-income housing

    In addition to the selection criteria specified in subsection (c) of 
this section, the Secretary may establish other criteria for the 
evaluation of applications submitted by owners of federally assisted 
low-income housing, except that such additional criteria shall be 
designed only to reflect--
        (1) relevant differences between the financial resources and 
    other characteristics of public housing authorities and owners of 
    federally assisted low-income housing, or
        (2) relevant differences between the problem of drug-related or 
    violent crime in public housing and the problem of drug-related or 
    violent crime in federally assisted low-income housing.

(e) High intensity drug trafficking areas

    In evaluating the extent of the drug-related crime problem pursuant 
to subsection (c) of this section, the Secretary may consider whether 
housing projects proposed for assistance are located in a high intensity 
drug trafficking area designated pursuant to section 1504 \3\ of title 
21.
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    \3\ See References in Text note below.
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(Pub. L. 100-690, title V, Sec. 5125, Nov. 18, 1988, 102 Stat. 4302; 
Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 1990, 104 Stat. 4246; 
Pub. L. 102-550, title I, Sec. 161(d)(3), Oct. 28, 1992, 106 Stat. 3719; 
Pub. L. 104-330, title VII, Sec. 704(3), Oct. 26, 1996, 110 Stat. 4051; 
Pub. L. 105-276, title II, Sec. 220(3), title V, Sec. 586(e), Oct. 21, 
1998, 112 Stat. 2488, 2647.)

                       References in Text

    The Native American Housing Assistance and Self-Determination Act of 
1996, referred to in subsec. (a), is Pub. L. 104-330, Oct. 26, 1996, 110 
Stat. 4016, which is classified principally to chapter 43 (Sec. 4101 et 
seq.) of Title 25, Indians. For complete classification of this Act to 
the Code, see Short Title note set out under section 4101 of Title 25 
and Tables.
    Section 503(a) of the Quality Housing and Work Responsibility Act of 
1998, referred to in subsec. (b)(2)(A), is section 503(a) of Pub. L. 
105-276, which is set out as an Effective Date of 1998 Amendment note 
under section 1437 of this title.
    Section 1504 of title 21, referred to in subsec. (e), was repealed 
by Pub. L. 100-690, title I, Sec. 1009, Nov. 18, 1988, 102 Stat. 4188, 
as amended.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-276, Sec. 586(e)(1), substituted 
``recipient of assistance under the Native American Housing Assistance 
and Self-Determination Act of 1996'' for ``tribally designated housing 
entity'' in first sentence and ``or violent crime in and around'' for 
``crime on the premises'' in second sentence, and inserted before period 
at end ``, which plan shall be coordinated with and may be included in 
the public housing agency plan submitted to the Secretary pursuant to 
section 1437c-1 of this title''.
    Pub. L. 105-276, Sec. 220(3), inserted ``an Indian tribe'' after 
``resident management corporation,''.
    Subsec. (b). Pub. L. 105-276, Sec. 586(e)(5), (6), added subsec. (b) 
and redesignated former subsec. (b) as (c).
    Pub. L. 105-276, Sec. 586(e)(2)(A), inserted introductory provisions 
and struck out former introductory provisions which read as follows: 
``Except as provided by subsections (c) and (d) of this section the 
Secretary shall approve applications under this subchapter based 
exclusively on--''.
    Subsec. (b)(1). Pub. L. 105-276, Sec. 586(e)(2)(B), substituted ``or 
violent crime problem in and around'' for ``crime problem in''.
    Subsec. (c). Pub. L. 105-276, Sec. 586(e)(5), redesignated subsec. 
(b) as (c). Former subsec. (c) redesignated (d).
    Pub. L. 105-276, Sec. 586(e)(3)(A), substituted ``subsection (c)'' 
for ``subsection (b)'' in introductory provisions.
    Subsec. (c)(2). Pub. L. 105-276, Sec. 586(e)(3)(B), inserted ``or 
violent'' after ``drug-related'' in two places.
    Subsec. (d). Pub. L. 105-276, Sec. 586(e)(5), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (e).
    Pub. L. 105-276, Sec. 586(e)(4), substituted ``subsection (c)'' for 
``subsection (b)''.
    Subsec. (e). Pub. L. 105-276, Sec. 586(e)(5), redesignated subsec. 
(d) as (e).
    1996--Subsec. (a). Pub. L. 104-330 inserted ``a tribally designated 
housing entity,'' after ``resident management corporation,''.
    1992--Subsec. (a). Pub. L. 102-550 inserted ``, a public housing 
resident management corporation,'' after ``public housing agency'' in 
first sentence.
    1990--Pub. L. 101-625 amended section generally, substituting 
present provisions for provisions relating generally to applications for 
grants under this subchapter and to criteria for approval of such 
applications.


                    Effective Date of 1998 Amendment

    Amendment by title V of Pub. L. 105-276 effective and applicable 
beginning upon Oct. 1, 1999, except as otherwise provided, with 
provision that Secretary may implement amendment before such date, 
except to extent that such amendment provides otherwise, and with 
savings provision, see section 503 of Pub. L. 105-276, set out as a note 
under section 1437 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as 
otherwise expressly provided, see section 107 of Pub. L. 104-330, set 
out as an Effective Date note under section 4101 of Title 25, Indians.

                  Section Referred to in Other Sections

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