42 U.S.C. § 11901 — Congressional findings

Page 8224 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11901 (3) the term ‘‘controlled substance ana- logue’’ has the meaning given it in section 802(32) of title 21, (4) the term ‘‘drug’’ means— (A) a beverage containing alcohol, (B) a controlled substance, or (C) a controlled substance analogue, (5) the term ‘‘Director’’ means the Chief Ex- ecutive Officer of the Corporation for National and Community Service, (6) the term ‘‘illicit’’ means unlawful or in- jurious, (7) the term ‘‘institution of higher edu- cation’’ has the meaning given it in section 1001 of title 20, (8) the term ‘‘public agency’’ has the mean- ing given it in section 11103(11) of title 34, (9) the term ‘‘Secretary’’ means— (A) the Secretary of Education for pur- poses of subtitle A (other than section 3201), (B) the Secretary of Agriculture for pur- poses of the amendments made by section 3201, and (C) the Secretary of Health and Human Services for purposes of subtitle B, (10) the term ‘‘State’’ has the meaning given it in section 11103(7) of title 34, (11) the term ‘‘treatment’’ has the meaning given it in section 11103(15) of title 34, and (12) the term ‘‘unit of general local govern- ment’’ has the meaning given it in section 11103(8) 1 of title 34. (Pub. L. 100–690, title III, § 3601, Nov. 18, 1988, 102 Stat. 4260; Pub. L. 101–204, title X, § 1001(c)(2), Dec. 7, 1989, 103 Stat. 1827; Pub. L. 103–82, title IV, § 405(n), Sept. 21, 1993, 107 Stat. 922; Pub. L. 105–244, title I, § 102(a)(13)(J), Oct. 7, 1998, 112 Stat. 1621.) Editorial Notes REFERENCES IN TEXT This title, referred to in introductory provisions, means title III of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4244, which enacted this chapter and sections 3156–1, 3201, and 3227 of Title 20, Education, and amended sec- tions 1786, 4994, and 5081 of this title and sections 3156a, 3181, 3191 to 3195, 3197, 3212, and 3222 of Title 20. For complete classification of title III to the Code, see Ta- bles. Subtitle A (other than section 3201), referred to in par. (9)(A), is subtitle A (§§ 3101–3402) of title III of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4245, which enacted former sections 3156–1, 3201, and 3227 of Title 20, and amended sections 4994 and 5081 of this title and former sections 3156a, 3181, 3191 to 3195, 3197, 3212, and 3222 of Title 20. For complete classification of subtitle A to the Code, see Tables. Section 3201, referred to in par. (9)(A), (B), is section 3201 of Pub. L. 100–690, title III, Nov. 18, 1988, 102 Stat. 4246, which amended section 1786 of this title. Subtitle B, referred to in par. (9)(C), is subtitle B (§§ 3501–3522) of title III of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4254, which enacted subchapters I to III of this chapter. For complete classification of subtitle B to the Code, see Tables. Section 11103(8) of title 34, referred to in par. (12), was subsequently amended, and no longer defines ‘‘unit of general local government’’. However, it now defines ‘‘unit of local government’’. AMENDMENTS 1998—Par. (7). Pub. L. 105–244 substituted ‘‘section 1001’’ for ‘‘section 1141(a)’’. 1993—Par. (5). Pub. L. 103–82 added par. (5) and struck out former par. (5) which read as follows: ‘‘the term ‘Di- rector’ means the Director of the ACTION Agency,’’. 1989—Pub. L. 101–204 redesignated pars. (2) to (13) as (1) to (12), respectively, and struck out former par. (1) which read as follows: ‘‘the term ‘Administrator’ means the Administrator of the Office of Juvenile Justice and Delinquency Prevention,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees. CHAPTER 124—PUBLIC HOUSING DRUG ELIMINATION SUBCHAPTER I—PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION Sec. 11901. Congressional findings. 11902. Authority to make grants. 11903. Eligible activities. 11903a. Repealed. 11904. Applications. 11905. Definitions. 11906. Reports. 11907. Monitoring. 11908. Authorization of appropriations. 11909. Repealed. SUBCHAPTER II—DRUG-FREE PUBLIC HOUSING 11921. Statement of purpose. 11922. Clearinghouse on drug abuse in public hous- ing. 11923. Regional training program on drug abuse in public housing. 11924. Definitions. 11925. Regulations. SUBCHAPTER I—PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION § 11901. 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-in- come housing in many areas suffers from rampant drug-related or violent 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 and violent crime not only leads to murders, muggings, and other forms of violence against tenants, but also to a deterioration of the physical en- vironment that requires substantial govern- ment expenditures; (5) local law enforcement authorities often lack the resources to deal with the drug prob- lem in public and other federally assisted low- income housing, particularly in light of the re- cent reductions in Federal aid to cities; Page 8225 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11902 1 So in original. Probably should be followed by a comma. (6) the Federal Government should provide support for effective safety and security meas- ures to combat drug-related and violent crime, primarily in and around public housing proj- ects with severe crime problems; (7) closer cooperation should be encouraged between public and assisted housing managers, local law enforcement agencies, and residents in developing and implementing anti-crime programs; and (8) anti-crime strategies should be improved through the expansion of community-oriented policing initiatives. (Pub. L. 100–690, title V, § 5122, Nov. 18, 1988, 102 Stat. 4301; Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4245; Pub. L. 105–276, title V, § 586(b), Oct. 21, 1998, 112 Stat. 2646.) Editorial Notes AMENDMENTS 1998—Par. (2). Pub. L. 105–276, § 586(b)(1), inserted ‘‘or violent’’ after ‘‘drug-related’’. Par. (4). Pub. L. 105–276, § 586(b)(2)(A), inserted ‘‘and violent’’ after ‘‘drug-related’’. Pars. (6) to (8). Pub. L. 105–276, § 586(b)(2)(B), (3), (4), added pars. (6) to (8). 1990—Pub. L. 101–625 amended section generally. Prior to amendment, section read as follows: ‘‘The Congress finds that— ‘‘(1) the Federal Government has a duty to provide public housing that is decent, safe, and free from ille- gal drugs; ‘‘(2) public housing projects in many areas suffer from rampant drug-related crime; ‘‘(3) drug dealers are increasingly imposing a reign of terror on public housing tenants; ‘‘(4) the increase in drug-related crime not only leads to murders, muggings, and other forms of vio- lence 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 housing, particularly in light of the recent reductions in Federal aid to cities.’’ 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 other- wise provided, with provision that Secretary may im- plement amendment before such date, except to extent that such amendment provides otherwise, and with sav- ings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title. SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–276, title V, § 586(a), Oct. 21, 1998, 112 Stat. 2646, provided that: ‘‘This section [enacting sections 11906 to 11908 of this title, amending this section and sections 11902, 11903, 11904, and 11905 of this title, and repealing sections 11906 to 11909 of this title] may be cited as the ‘Public and Assisted Housing Drug Elimi- nation Program Amendments of 1998’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–227, title X, § 1051, Mar. 31, 1994, 108 Stat. 274, provided that: ‘‘This part [part D (§§ 1051–1053) of title X of Pub. L. 103–227, amending section 11903a of this title] may be cited as the ‘Midnight Basketball League Training and Partnership Act’.’’ SHORT TITLE Pub. L. 100–690, title V, § 5121, Nov. 18, 1988, 102 Stat. 4301, as amended by Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4245, provided that: ‘‘This chap- ter [chapter 2 (§§ 5121–5130) of subtitle C of title V of Pub. L. 100–690, enacting this subchapter] may be cited as the ‘Public and Assisted Housing Drug Elimination Act of 1990’.’’ Pub. L. 100–690, title V, § 5141, Nov. 18, 1988, 102 Stat. 4303, provided that: ‘‘This chapter [chapter 3 (§§ 5141–5146) of subtitle C of title V of Pub. L. 100–690, enacting subchapter II of this chapter] may be cited as the ‘Drug-Free Public Housing Act of 1988’.’’ § 11902. Authority to make grants (a) In general The Secretary of Housing and Urban Develop- ment, in accordance with the provisions of this subchapter, may make grants to public housing agencies, public housing resident management corporations that are principally managing, as determined by the Secretary, public housing projects owned by public housing agencies, re- cipients of assistance under the Native Amer- ican Housing Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.], Indian tribes 1 and private, for-profit and nonprofit owners of federally assisted low-income housing for use in eliminating drug-related and violent crime. (b) Consortia Subject to terms and conditions established by the Secretary, public housing agencies may form consortia for purposes of applying for grants under this subchapter. (Pub. L. 100–690, title V, § 5123, 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(d)(1), Oct. 28, 1992, 106 Stat. 3719; Pub. L. 104–330, title VII, § 704(1), Oct. 26, 1996, 110 Stat. 4051; Pub. L. 105–276, title II, § 220(1), title V, § 586(c), Oct. 21, 1998, 112 Stat. 2488, 2647.) Editorial Notes REFERENCES IN TEXT The Native American Housing Assistance and Self- Determination Act of 1996, referred to in subsec. (a), is Pub. L. 104–330, Oct. 26, 1996, 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 sec- tion 4101 of Title 25 and Tables. AMENDMENTS 1998—Pub. L. 105–276, § 586(c), designated existing pro- visions as subsec. (a), inserted heading, substituted ‘‘re- cipients of assistance under the Native American Hous- ing Assistance and Self-Determination Act of 1996’’ for ‘‘tribally designated housing entities’’, inserted ‘‘and violent’’ after ‘‘drug-related’’, and added subsec. (b). Pub. L. 105–276, § 220(1), inserted ‘‘Indian tribes’’ be- fore ‘‘and private’’. 1996—Pub. L. 104–330 struck out ‘‘(including Indian Housing Authorities)’’ after ‘‘grants to public housing agencies’’ and inserted ‘‘tribally designated housing en- tities,’’ before ‘‘and private’’. 1992—Pub. L. 102–550 inserted ‘‘, public housing resi- dent management corporations that are principally managing, as determined by the Secretary, public hous- ing projects owned by public housing agencies,’’ after ‘‘Authorities)’’. 1990—Pub. L. 101–625 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary of Housing and Urban Development, in accordance with