§ 11904. Applications

Footnotes

1. 1 So in original. Probably should be followed by a comma.
2. 2 So in original.
3. 3 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Anti-Drug Abuse Act of 1988

   Pub. L. 100–690 title V § 5125 · 102 Stat. 4181

   Enacted · 42 U.S.C. § 11904

   Pub. L. 100–690, title V, § 5125, Nov. 18, 1988, 102 Stat. 4302

   Source evidence

   Code source credit
   Pub. L. 100–690, title V, § 5125, Nov. 18, 1988, 102 Stat. 4302

2. 1990

   Cranston-Gonzalez National Affordable Housing Act

   Pub. L. 101–625 title V § 581(a) · 104 Stat. 4079

   1. Amended · 42 U.S.C. § 11904

      Pub. L. 101–625 amended section generally

   2. Substituted · 42 U.S.C. § 11904

      Pub. L. 101–625 substituting present provisions for provisions relating generally to applications for grants under this subchapter and to criteria for approval of such applications

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) In General.— The Public Housing Drug Elimination Act of 1988 (chapter 2 of subtitle C of title V of Public Law 100–690) is amended to read as follows: “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”. “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. “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 low-income housing for use in eliminating drug-related crime. “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. “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 prem-ises 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. “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 possession 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. “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. “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. “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. “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. “(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.”.

3. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 title I § 161(d)(3) · 106 Stat. 3672

   Inserted · 42 U.S.C. § 11904(a)

   Pub. L. 102–550 inserted “, a public housing resident management corporation,” after “public housing agency” in first sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550 inserted “, a public housing resident management corporation,” after “public housing agency” in first sentence.

   Enacted provision · exact public law section
   (3) in the first sentence of section 5125(a), by inserting 42 USC 11904. after “public housing agency” the following: “, a public housing resident management corporation,”.

4. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 title VII § 704(3) · 110 Stat. 4016

   Inserted · 42 U.S.C. § 11904(a)

   Pub. L. 104–330 inserted “a tribally designated housing entity,” after “resident management corporation,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–330 inserted “a tribally designated housing entity,” after “resident management corporation,”.

   Enacted provision · exact public law section
   (3) in section 5125, by inserting “a tribally designated 42 USC 11904. housing entity,” after “resident management corporation,”; and

5. 1998

   Pub. L. 105–276 § 586(e)(1) · 112 Stat. 2461

   1. Substituted · 42 U.S.C. § 11904(a)

      Pub. L. 105–276, § 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 second sentence

   2. Substituted · 42 U.S.C. § 11904(a)

      Pub. L. 105–276, § 586(e)(1), substituted “or violent crime in and around” for “crime on the premises” in second sentence

   3. Inserted · 42 U.S.C. § 11904(a)

      Pub. L. 105–276, § 586(e)(1), 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”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–276, § 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”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “tribally designated housing entity” and inserting “recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996”; (B) by striking “crime on the premises” and inserting “or violent crime in and around”; and (C) by inserting before the period at the end the following: “, which plan shall be coordinated with and may be included in the public housing agency plan submitted to the Secretary pursuant to section 5A of the United States Housing Act of 1937”;

   Effective date note
   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.

6. 1998

   Pub. L. 105–276 § 220(3) · 112 Stat. 2461

   Inserted · 42 U.S.C. § 11904(a)

   Pub. L. 105–276, § 220(3), inserted “an Indian tribe” after “resident management corporation,”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–276, § 220(3), inserted “an Indian tribe” after “resident management corporation,”.

   Effective date note
   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.

7. 1998

   Pub. L. 105–276 § 586(e)(5) · 112 Stat. 2461

   1. Added · 42 U.S.C. § 11904(b)

      Pub. L. 105–276, § 586(e)(5), (6), added subsec. (b)

   2. Redesignated · 42 U.S.C. § 11904(b)

      Pub. L. 105–276, § 586(e)(5), (6), redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–276, § 586(e)(5), (6), added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   (5) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and

   Effective date note
   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.

8. 1998

   Pub. L. 105–276 § 586(e)(2)(A) · 112 Stat. 2461

   1. Inserted · 42 U.S.C. § 11904(b)

      Pub. L. 105–276, § 586(e)(2)(A), inserted introductory provisions

   2. Struck · 42 U.S.C. § 11904(b)

      Pub. L. 105–276, § 586(e)(2)(A), 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—”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–276, § 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—”.

   Enacted provision · exact public law section
   (A) in the matter that precedes paragraph (1), by striking “Except as” and all that follows through “on—” and inserting the following: “The Secretary shall approve applications under subsection (b) that are not subject to a preference under subsection (b)(2)(A) on the basis of thresholds or criteria such as”and

   Effective date note
   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.

9. 1998

   Pub. L. 105–276 § 586(e)(2)(B) · 112 Stat. 2461

   Substituted · 42 U.S.C. § 11904(b)(1)

   Pub. L. 105–276, § 586(e)(2)(B), substituted “or violent crime problem in and around” for “crime problem in”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 105–276, § 586(e)(2)(B), substituted “or violent crime problem in and around” for “crime problem in”.

   Enacted provision · exact public law section
   (B) in paragraph (1), by striking “crime problem in” and inserting “or violent crime problem in and around”;

   Effective date note
   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.

10. 1998

    Pub. L. 105–276 § 586(e)(5) · 112 Stat. 2461

    Redesignated · 42 U.S.C. § 11904(c)

    Pub. L. 105–276, § 586(e)(5), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–276, § 586(e)(5), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (5) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and

    Effective date note
    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.

11. 1998

    Pub. L. 105–276 § 586(e)(3)(A) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 11904(c)

    Pub. L. 105–276, § 586(e)(3)(A), substituted “subsection (c)” for “subsection (b)” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–276, § 586(e)(3)(A), substituted “subsection (c)” for “subsection (b)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “subsection (b)” and inserting “subsection (c)”; and

    Effective date note
    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.

12. 1998

    Pub. L. 105–276 § 586(e)(3)(B) · 112 Stat. 2461

    Inserted · 42 U.S.C. § 11904(c)(2)

    Pub. L. 105–276, § 586(e)(3)(B), inserted “or violent” after “drug-related” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 105–276, § 586(e)(3)(B), inserted “or violent” after “drug-related” in two places.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “or violent” after “drug-related” each place it appears;

    Effective date note
    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.

13. 1998

    Pub. L. 105–276 § 586(e)(5) · 112 Stat. 2461

    Redesignated · 42 U.S.C. § 11904(d)

    Pub. L. 105–276, § 586(e)(5), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–276, § 586(e)(5), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (5) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and

    Effective date note
    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.

14. 1998

    Pub. L. 105–276 § 586(e)(4) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 11904(d)

    Pub. L. 105–276, § 586(e)(4), substituted “subsection (c)” for “subsection (b)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–276, § 586(e)(4), substituted “subsection (c)” for “subsection (b)”.

    Enacted provision · exact public law section
    (4) in subsection (d), by striking “subsection (b)” and inserting “subsection (c)”;

    Effective date note
    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.

15. 1998

    Pub. L. 105–276 § 586(e)(5) · 112 Stat. 2461

    Redesignated · 42 U.S.C. § 11904(e)

    Pub. L. 105–276, § 586(e)(5), redesignated subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–276, § 586(e)(5), redesignated subsec. (d) as (e).

    Enacted provision · exact public law section
    (5) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and

    Effective date note
    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.

18 of 20 references resolved to an enrolled provision · 2 partial