AMENDMENTS TO PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT OF 1990.

SEC. 586. AMENDMENTS TO PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT OF 1990. (a) Short Title.— This section may be cited as the “Public and Assisted Housing Drug Elimination Program Amendments of 1998”. (b) Findings.— Section 5122 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901) is amended— (1) in paragraph (2), by inserting “or violent” after “drug-related”; (2) in paragraph (4)— (A) by inserting “and violent” after “drug-related”; and (B) by striking “and” at the end; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: “(6) the Federal Government should provide support for effective safety and security measures to combat drug-related and violent crime, primarily in and around public housing projects with severe crime problems; “(7) closer cooperation should be encouraged between public and assisted housing managers, local law enforcement agencies, 112 STAT. 2647and residents in developing and implementing anti-crime programs; and “(8) anti-crime strategies should be improved through the expansion of community-oriented policing initiatives.”. (c) Authority to Make Grants.— Section 5123 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11902) is amended— (1) by inserting “(a) In General.—” before “The”; (2) by striking “tribally designated housing entities” and inserting “recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996”; (3) by inserting “and violent” after “drug-related”; and (4) by adding at the end the following new subsection: “(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 chapter.”. (d) Eligible Activities.— Section 5124 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11903) is amended— (1) in subsection (a)— (A) in paragraph (4)(A), by striking “drug-related crime on or about” and inserting “drug-related or violent crime in and around”; (B) in paragraph (6), by striking “and” at the end; (C) in paragraph (7)— (i) by striking “tribally designated housing entity” and inserting “recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996”; and (ii) by striking the period at the end and inserting “; and”; and (8) by adding at the end the following new paragraph: “(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.”; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking “drug-related crime in” and inserting “drug-related crime in and around”; and (B) in paragraph (2), by striking “drug-related activity at” and inserting “drug-related or violent activity in or around”. (e) Applications.— Section 5125 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11904) is amended— (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”; 112 STAT. 2648 (2) in subsection (b)— (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 (B) in paragraph (1), by striking “crime problem in” and inserting “or violent crime problem in and around”; (3) in subsection (c)— (A) in the matter preceding paragraph (1), by striking “subsection (b)” and inserting “subsection (c)”; and (B) in paragraph (2), by inserting “or violent” after “drug-related” each place it appears; (4) in subsection (d), by striking “subsection (b)” and inserting “subsection (c)”; (5) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (6) by inserting after subsection (a) the following new subsection: “(b) One-Year Renewable Grants.— “(1) In general.— An eligible applicant that is a public housing agency may apply for a 1-year grant under this chapter that, subject to the availability of appropriated amounts, shall be renewed annually for a period of not more than 4 additional years, except that such renewal shall be contingent upon the Secretary finding, upon an annual or more frequent review, that the grantee agency is performing under the terms of the grant and applicable laws in a satisfactory manner and meet such other requirements as the Secretary may prescribe. The Secretary may adjust the amount of any grant received or renewed under this paragraph to take into account increases or decreases in amounts appropriated for these purposes or such other factors as the Secretary determines to be appropriate. “(2) Eligibility and preference.— The Secretary may not provide assistance under this chapter to an applicant that is a public housing agency unless— “(A) the agency will use the grants to continue or expand activities eligible for assistance under this chapter, as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, in which case the Secretary shall provide preference to such applicant; except that preference under this subparagraph shall not preclude selection by the Secretary of other meritorious applications that address urgent or serious crime problems nor be construed to require continuation of activities determined by the Secretary to be unworthy of continuation; or “(B) the agency is in the class established under para-graph (3). “(3) Pha’s having urgent or serious crime problems.— The Secretary shall, by regulations issued after notice and opportunity for public comment, set forth criteria for establishing a class of public housing agencies that have urgent or serious crime problems. The Secretary may reserve a portion of the amount appropriated to carry out this chapter in each 112 STAT. 2649fiscal year only for grants for public housing agencies in such class, except that any amounts from such portion reserved that are not obligated to agencies in the class shall be made available only for agencies that are subject to a preference under paragraph (2)(A). “(4) Inapplicability to federally assisted low-income housing.— The provisions of this subsection shall not apply to federally assisted low-income housing.”. (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.”. (g) Reports, Monitoring, and Funding.— Chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act of 1988 is amended by striking sections 5127, 5128, 5129, and 5130 and inserting the following new sections: “SEC. 5127. REPORTS. “(a) Grantee Reports.— The Secretary shall require grantees under this chapter 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. “(b) HUD Reports.— The Secretary shall submit a report to the Congress not later than 18 months after the date of the enactment of the Quality Housing and Work Responsibility Act of 1998 describing the system used to distribute funding to grantees under this section, which shall include descriptions of— “(1) the methodology used to distribute amounts made available under this chapter among public housing agencies, including provisions used to provide for renewals of ongoing programs funded under this chapter; and “(2) actions taken by the Secretary to ensure that amounts made available under this chapter are not used to fund baseline local government services, as described in section 5128(b). “(c) Notice of Funding Awards.— The Secretary shall cause to be published in the Federal Register notice of all grant awards made pursuant to this chapter, which shall identify the grantees and the amount of the grants. Such notice shall be published not less frequently than annually. “SEC. 5128. MONITORING. “(a) In General.— 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. “(b) Prohibition of Funding Baseline Services.— “(1) In general.— Amounts provided under this chapter may not be used to reimburse or support any local law enforcement agency or unit of general 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 agreement under section 5(e)(2) of the United States Housing Act of 1937 or any provision of an annual 112 STAT. 2650contributions contract for payments in lieu of taxation pursuant to section 6(d) of such Act. “(2) Description.— Each public housing agency that receives grant amounts under this chapter shall describe, in the report under section 5127(a), such baseline of services for the unit of general local government in which the jurisdiction of the agency is located. “(c) Enforcement.— The Secretary shall provide for the effective enforcement of this section, which may include the use of onsite monitoring, independent public 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 compliance, with the provisions of this chapter. “SEC. 5129. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— There are authorized to be appropriated to carry out this chapter $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 chapter not more than 6.25 percent shall be available for grants for federally assisted low-income housing. “(c) Set-Aside for Technical Assistance and Program Over-sight.— Of any amounts appropriated in any fiscal year to carry out this chapter, amounts shall be available to the extent provided in appropriations Acts to provide training, technical assistance, contract expertise, program oversight, program assessment, execution, and other assistance for or on behalf of public housing agencies, recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996, resident organizations, and officials and employees of the Department (including training and the cost of necessary travel for participants in such training, by or to officials and employees of the Department and of public housing agencies, and to residents and to other eligible grantees). Assistance and other activities carried out using amounts made available under this subsection may be provided directly or indirectly by grants, contracts, or cooperative agreements.”.