§ 11905. Definitions

Footnotes

1. 1 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

   Public Housing Drug Elimination Act of 1988

   Pub. L. 100–690 title V § 5126 · 102 Stat. 4181

   Enacted · 42 U.S.C. § 11905

   Pub. L. 100–690, title V, § 5126, Nov. 18, 1988, 102 Stat. 4302

   Source evidence

   Code source credit
   Pub. L. 100–690, title V, § 5126, Nov. 18, 1988, 102 Stat. 4302

   Enacted provision · exact public law section
   SEC. 5126. DEFINITIONS. For purposes of this chapter: (1) Controlled substance.— The term “controlled substance” has the meaning given such term in section 102 of the Controlled Substances 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, of a controlled substance. (3) Secretary.— The term “Secretary” means the Secretary of Housing and Urban Development.

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. § 11905

      Pub. L. 101–625 amended section generally

   2. Added · 42 U.S.C. § 11905

      Pub. L. 101–625 adding provisions defining “Federally assisted low-income housing”

   Source evidence

   Code amendment note
   Pub. L. 101–625 amended section generally, adding provisions defining “Federally assisted low-income housing”.

   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. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 § 704(4)(A) · 110 Stat. 4016

   Added · 42 U.S.C. § 11905(4)(D)

   Pub. L. 104–330, § 704(4)(A), added subpar. (D)

   Source evidence

   Code amendment note
   Par. (4)(D). Pub. L. 104–330, § 704(4)(A), added subpar. (D).

   Enacted provision · exact public law section
   (A) in paragraph (4)— (i) in subparagraph (B), by striking “or” at the end; (ii) in subparagraph (C), by striking the period at the end and inserting “; or”; and (iii) by adding at the end the following new subparagraph: “(D) the Native American Housing Assistance and Self-Determination Act.”; and

4. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 § 704(4)(B) · 110 Stat. 4016

   Added · 42 U.S.C. § 11905(5)

   Pub. L. 104–330, § 704(4)(B), added par. (5)

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 104–330, § 704(4)(B), added par. (5).

   Enacted provision · exact public law section
   (B) by adding at the end the following new paragraph: “(5) Tribally designated housing entity.— The term ‘tribally designated housing entity’ has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996. ”.

5. 1998

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

   1. Added · 42 U.S.C. § 11905(5)

      Pub. L. 105–276, § 586(f), added par. (5)

   2. Struck · 42 U.S.C. § 11905(5)

      Pub. L. 105–276, § 586(f), struck out heading and text of former par. (5). Text read as follows: “The term ‘tribally designated housing entity’ has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996.”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 105–276, § 586(f), added par. (5) and struck out heading and text of former par. (5). Text read as follows: “The term ‘tribally designated housing entity’ has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996.”

   Enacted provision · exact public law section
   (f) Definitions.— Section 5126 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11905) is amended by striking paragraph (5) and inserting the following new paragraph: “(5) Recipient.— The term ‘recipient’, when used in reference to the Native American Housing Assistance and Self-Determination Act of 1996, has the meaning given such term in section 4 of such Act.”.

6. 1998

   Pub. L. 105–276 § 220(4) · 112 Stat. 2461

   Added · 42 U.S.C. § 11905(6)

   Pub. L. 105–276, § 220(4), added par. (6)

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 105–276, § 220(4), added par. (6).

7. 1999

   Pub. L. 106–74 § 227(a) · 113 Stat. 1047

   1. Added · 42 U.S.C. § 11905(4)(D)

      Pub. L. 106–74, § 227(a), as added by Pub. L. 106–113

   2. Struck · 42 U.S.C. § 11905(4)(D)

      Pub. L. 106–74, § 227(a), as struck out subpar. (D) which read as follows: “the Native American Housing Assistance and Self-Determination Act.”

   Source evidence

   Code amendment note
   Par. (4)(D). Pub. L. 106–74, § 227(a), as added by Pub. L. 106–113, struck out subpar. (D) which read as follows: “the Native American Housing Assistance and Self-Determination Act.”

   Effective date note
   Pub. L. 106–74, title II, § 227(b), as added by Pub. L. 106–113, div. A, title I, § 175(d), Nov. 29, 1999, 113 Stat. 1534, provided that: “The amendments made by subsection (a) [amending this section] shall be construed to have taken effect on October 21, 1998.”

7 of 10 references resolved to an enrolled provision · 3 partial