42 U.S.C. § 11907 — Monitoring

Page 8230 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11907 Secretary may implement the repeal before such date, except to extent otherwise provided, and with savings provision. Statutory Notes and Related Subsidiaries 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. § 11907. Monitoring (a) In general The Secretary shall audit and monitor the programs funded under this subchapter to en- sure that assistance provided under this sub- chapter 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 gen- eral 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 agree- ment under section 1437c(e)(2) of this title or any provision of an annual contributions con- tract for payments in lieu of taxation pursu- ant to section 1437d(d) of this title. (2) Description Each public housing agency that receives grant amounts under this subchapter shall de- scribe, in the report under section 11906(a) of this title, such baseline of services for the unit of general local government in which the ju- risdiction 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 pub- lic audit requirements, certification by local law enforcement or local government officials regarding the performance of baseline services referred to in subsection (b), and entering into agreements with the Attorney General to achieve compliance, and verification of compli- ance, with the provisions of this subchapter. (Pub. L. 100–690, title V, § 5128, as added Pub. L. 105–276, title V, § 586(g), Oct. 21, 1998, 112 Stat. 2649.) Editorial Notes PRIOR PROVISIONS A prior section 11907, Pub. L. 100–690, title V, § 5128, Nov. 18, 1988, 102 Stat. 4303; Pub. L. 101–625, title V, § 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, §§ 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. Statutory Notes and Related Subsidiaries 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, § 587, Oct. 21, 1998, 112 Stat. 2650, provided that: ‘‘(a) REQUIREMENT.—The Secretary of Housing and Urban Development shall investigate all security con- tracts awarded by grantees under the Public and As- sisted 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 regu- lations 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 Sec- retary shall complete the investigation required under subsection (a) and submit a report to the Congress re- garding the findings under the investigation. With re- spect 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 con- tract that the Secretary determines is in such compli- ance 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 op- erating in full compliance with applicable laws and reg- ulations, the Secretary of Housing and Urban Develop- ment 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].’’ § 11908. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subchapter $310,000,000 for fiscal year 1999, and such sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003. (b) Set-aside for federally assisted low-income housing Of any amounts made available in any fiscal year to carry out this subchapter not more than 6.25 percent shall be available for grants for fed- erally assisted low-income housing. (c) Set-aside for technical assistance and pro- gram oversight Of any amounts appropriated in any fiscal year to carry out this subchapter, amounts shall be available to the extent provided in appropria- tions Acts to provide training, technical assist- ance, contract expertise, program oversight, program assessment, execution, and other as-