
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: 42USC11907]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 124--PUBLIC HOUSING DRUG ELIMINATION
 
       SUBCHAPTER I--PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION
 
Sec. 11907. Monitoring


(a) In general

    The Secretary shall audit and monitor the programs funded under this 
subchapter to ensure that assistance provided under this subchapter is 
administered in accordance with the provisions of this subchapter.

(b) Prohibition of funding baseline services

                           (1) In general

        Amounts provided under this subchapter may not be used to 
    reimburse or support any local law enforcement agency or unit of 
    general local government for the provision of services that are 
    included in the baseline of services required to be provided by any 
    such entity pursuant to a local cooperation agreement under section 
    1437c(e)(2) of this title or any provision of an annual 
    contributions contract for payments in lieu of taxation pursuant to 
    section 1437d(d) of this title.

                           (2) Description

        Each public housing agency that receives grant amounts under 
    this subchapter shall describe, in the report under section 11906(a) 
    of this title, such baseline of services for the unit of general 
    local government in which the jurisdiction of the agency is located.

(c) Enforcement

    The Secretary shall provide for the effective enforcement of this 
section, which may include the use of on-site monitoring, independent 
public audit requirements, certification by local law enforcement or 
local government officials regarding the performance of baseline 
services referred to in subsection (b) of this section, and entering 
into agreements with the Attorney General to achieve compliance, and 
verification of compliance, with the provisions of this subchapter.

(Pub. L. 100-690, title V, Sec. 5128, as added Pub. L. 105-276, title V, 
Sec. 586(g), Oct. 21, 1998, 112 Stat. 2649.)


                            Prior Provisions

    A prior section 11907, Pub. L. 100-690, title V, Sec. 5128, Nov. 18, 
1988, 102 Stat. 4303; Pub. L. 101-625, title V, Sec. 581(a), Nov. 28, 
1990, 104 Stat. 4248, related to provision of periodic reports by 
grantees, prior to repeal by Pub. L. 105-276, title V, Secs. 503, 
586(g), Oct. 21, 1998, 112 Stat. 2521, 2649, effective and applicable 
beginning upon Oct. 1, 1999, except as otherwise provided, with 
provision that Secretary may implement the repeal before such date, 
except to extent otherwise provided, and with savings provision.


                             Effective Date

    Section effective and applicable beginning upon Oct. 1, 1999, except 
as otherwise provided, with provision that Secretary may implement 
section before such date, except to extent otherwise provided, see 
section 503 of Pub. L. 105-276, set out as an Effective Date of 1998 
Amendment note under section 1437 of this title.


              Review of Drug Elimination Program Contracts

    Pub. L. 105-276, title V, Sec. 587, Oct. 21, 1998, 112 Stat. 2650, 
provided that:
    ``(a) Requirement.--The Secretary of Housing and Urban Development 
shall investigate all security contracts awarded by grantees under the 
Public and Assisted Housing Drug Elimination Act of 1990 (42 U.S.C. 
11901 et seq.) that are public housing agencies that own or operate more 
than 4,500 public housing dwelling units--
        ``(1) to determine whether the contractors under such contracts 
    have complied with all laws and regulations regarding prohibition of 
    discrimination in hiring practices;
        ``(2) to determine whether such contracts were awarded in 
    accordance with the applicable laws and regulations regarding the 
    award of such contracts;
        ``(3) to determine how many such contracts were awarded under 
    emergency contracting procedures; and
        ``(4) to evaluate the effectiveness of the contracts.
    ``(b) Report.--Not later than 180 days after the date of the 
enactment of this Act [Oct. 21, 1998], the Secretary shall complete the 
investigation required under subsection (a) and submit a report to the 
Congress regarding the findings under the investigation. With respect to 
each such contract, the report shall (1) state whether the contract was 
made and is operating, or was not made or is not operating, in full 
compliance with applicable laws and regulations, and (2) for each 
contract that the Secretary determines is in such compliance issue a 
certification of such compliance by the Secretary of Housing and Urban 
Development.
    ``(c) Actions.--For each contract that is described in the report 
under subsection (b) as not made or not operating in full compliance 
with applicable laws and regulations, the Secretary of Housing and Urban 
Development shall promptly take any actions available under law or 
regulation that are necessary--
        ``(1) to bring such contract into compliance; or
        ``(2) to terminate the contract.
    ``(d) Effective Date.--This section shall take effect on the date of 
the enactment of this Act [Oct. 21, 1998].''

                  Section Referred to in Other Sections

    This section is referred to in section 11906 of this title.
