42 U.S.C. § 11903

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 11903 - Eligible activities

(a) Public and assisted housing

Grants under this subchapter 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 or violent crime in and around 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;

(7) where a public housing agency, an Indian tribe, or recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.] receives a grant, providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; and

(8) sports programs and sports activities that serve primarily youths from public or other federally assisted low-income housing projects and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around such projects.

(b) Other PHA-owned housing

Notwithstanding any other provision of this subchapter, grants under this subchapter may be used to eliminate drug-related crime in and around housing owned by public housing agencies that is not public housing assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and is not otherwise federally assisted, for the activities described in paragraphs (1) through (7) of subsection (a), but only if-

(1) the housing is located in a high intensity drug trafficking area designated pursuant to section 1504 ¹ of title 21; and

(2) the public housing agency owning the housing demonstrates, to the satisfaction of the Secretary, that drug-related or violent activity in or around the housing has a detrimental effect on or about the real property comprising any public or other federally assisted low-income housing.

¹ See References in Text note below.

42 U.S.C. § 11903

Pub. L. 100-690, title V, §5124, Nov. 18, 1988, 102 Stat. 4301; Pub. L. 101-625, title V, §581(a), Nov. 28, 1990, 104 Stat. 4246; Pub. L. 102-550, title I, §161(c), (d) (2), Oct. 28, 1992, 106 Stat. 3718, 3719; Pub. L. 104-330, title VII, §704(2), Oct. 26, 1996, 110 Stat. 4051; Pub. L. 105-276, title II, §220(2), title V, §586(d), Oct. 21, 1998, 112 Stat. 2488, 2647.

EDITORIAL NOTES

REFERENCES IN TEXTThe Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsec. (a)(7), is Pub. L. 104-330, 110 Stat. 4016, which is classified principally to chapter 43 (§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.The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, §201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to chapter 8 (§1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Section 1504 of title 21, referred to in subsec. (b)(1), was repealed by Pub. L. 100-690, title I, §1009, Nov. 18, 1988, 102 Stat. 4188, as amended.

AMENDMENTS1998-Subsec. (a)(4)(A). Pub. L. 105-276, §586(d)(1)(A), substituted "drug-related or violent crime in and around" for "drug-related crime on or about". Subsec. (a)(7). Pub. L. 105-276, §586(d)(1)(C)(i), substituted "recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996" for "tribally designated housing entity". Pub. L. 105-276, §220(2), inserted ", an Indian tribe," after "public housing agency". Subsec. (a)(8). Pub. L. 105-276, §586(d)(1)(B), (C) (ii), (8)[(D)], added par. (8).Subsec. (b). Pub. L. 105-276, §586(d)(2)(A), substituted "drug-related crime in and around" for "drug-related crime in" in introductory provisions.Subsec. (b)(2). Pub. L. 105-276, §586(d)(2)(B), substituted "drug-related or violent activity in or around" for "drug-related activity at".1996-Subsec. (a)(7). Pub. L. 104-330 inserted "or tribally designated housing entity" after "public housing agency" and struck out "public housing" after "nonprofit". 1992- Pub. L. 102-550 designated existing provisions as subsec. (a), inserted heading, inserted "where a public housing agency receives a grant," in par. (7), and added subsec. (b). 1990- Pub. L. 101-625 amended section generally. Prior to amendment, section read as follows: "A public housing agency may use a grant under this subchapter for-"(1) the employment of security personnel in public housing projects;"(2) reimbursement of local law enforcement agencies for additional security and protective services for public housing projects;"(3) physical improvements in public housing projects which are specifically designed to enhance security;"(4) the employment of 1 or more individuals-"(A) to investigate drug-related crime on or about the real property comprising any public housing project; and "(B) to provide evidence relating to any such crime in any administrative or judicial proceeding;"(5) the provision of training, communications equipment, and other related equipment for use by voluntary public housing tenant patrols acting in cooperation with local law enforcement officials;"(6) innovative programs designed to reduce use of drugs in and around public housing projects; and "(7) providing funding to nonprofit public housing resident management corporation and tenant councils to develop security and drug abuse prevention programs involving site residents."

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.

housing assistance: The term "housing assistance" means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants.
project: The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.
Secretary: the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,
drug: the term "drug" means- (A) a beverage containing alcohol,(B) a controlled substance, or(C) a controlled substance analogue,