I

104TH CONGRESS

2D SESSION H. R. 3150

To expand and enhance the Federal Government commitment to eliminating

crime in public housing and other federally assisted low-income housing

projects, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1996

Mr. VENTO introduced the following bill; which was referred to the Committee

on Banking and Financial Services

A BILL

To expand and enhance the Federal Government commitment

to eliminating crime in public housing and other federally

assisted low-income housing projects, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Community Partner5 ships Against Crime Amendments Act’’.
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1 SEC. 2. SHORT TITLE, PURPOSES, AND AUTHORITY TO

2 MAKE GRANTS.

3 Chapter 2 of subtitle C of title V of the Anti-Drug

4 Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended

5 by striking the chapter heading and all that follows

6 through section 5123 and inserting the following:

7 ‘‘CHAPTER 2—COMMUNITY PARTNERSHIPS

8 AGAINST CRIME

9 ‘‘SEC. 5121. SHORT TITLE.

10 ‘‘This chapter may be cited as the ‘Community Part11 nerships Against Crime Act of 1996’.

12 ‘‘SEC. 5122. PURPOSES.

13 ‘‘The purposes of this chapter are to—

14 ‘‘(1) improve the quality of life for the vast ma15 jority of law-abiding public housing residents by re16 ducing the levels of fear, violence, and crime in their

17 communities;

18 ‘‘(2) substantially expand and enhance the Fed19 eral Government’s commitment to eliminating crime

20 in and around public housing and other federally as21 sisted low-income housing;

22 ‘‘(3) broaden the scope of the Public and As23 sisted Housing Drug Elimination Act of 1990 to

24 apply to all types of crime, and not simply crime

25 that is drug-related;
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1 ‘‘(4) encourage the involvement of a broad

2 range of community-based groups and residents of

3 neighboring housing that is owned or assisted by the

4 Secretary in the development and implementation of

5 anti-crime plans;

6 ‘‘(5) reduce crime and disorder in and around

7 public housing through the expansion of community8 oriented policing activities and problem solving;

9 ‘‘(6) provide training, information services, and

10 other technical assistance to program participants;

11 and

12 ‘‘(7) establish a standardized assessment sys13 tem to evaluate need among public housing agencies

14 and to measure progress in reaching crime reduction

15 goals.

16 ‘‘SEC. 5123. AUTHORITY TO MAKE GRANTS.

17 ‘‘The Secretary of Housing and Urban Development

18 may make grants in accordance with the provisions of this

19 chapter for use in eliminating crime in and around public

20 housing and other federally assisted low-income housing

21 projects to (1) public housing agencies, and (2) private,

22 for-profit and nonprofit owners of federally assisted low23 income housing. In designing the program for grants

24 under this chapter, the Secretary shall consult with the

25 Attorney General.’’.
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1 SEC. 3. ELIGIBLE ACTIVITIES.

2 (a) IN GENERAL.—Section 5124(a) of the Anti-Drug

3 Abuse Act of 1988 (42 U.S.C. 11903(a)) is amended—

4 (1) in the matter preceding paragraph (1), by

5 inserting ‘‘and around’’ after ‘‘used in’’;

6 (2) in paragraph (3), by inserting before the

7 semicolon the following: ‘‘, including fencing, light8 ing, locking, and surveillance systems’’;

9 (3) in paragraph (4), by striking subparagraph

10 (A) and inserting the following new subparagraph:

11 ‘‘(A) to investigate crime; and’’;

12 (4) in paragraph (6)—

13 (A) by striking ‘‘in and around public or

14 other federally assisted low-income housing

15 projects’’; and

16 (B) by striking ‘‘and’’ after the semicolon;

17 and

18 (5) by striking paragraph (7) and inserting the

19 following new paragraphs:

20 ‘‘(7) providing funding to nonprofit public hous21 ing resident management corporations and resident

22 councils to develop security and crime prevention

23 programs involving site residents;

24 ‘‘(8) the employment or utilization of one or

25 more individuals, including law enforcement officers,

26 made available by contract or other cooperative ar-
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1 rangement with State or local law enforcement agen2 cies, to engage in community- and problem-oriented

3 policing involving interaction with members of the

4 community in proactive crime control and prevention

5 activities;

6 ‘‘(9) programs and activities for or involving

7 youth, including training, education, recreation and

8 sports, career planning, and entrepreneurship and

9 employment activities and after school and cultural

10 programs; and

11 ‘‘(10) service programs for residents that ad12 dress the contributing factors of crime, including

13 programs for job training, education, drug and alco14 hol treatment, and other appropriate social serv15 ices.’’.

16 (b) OTHER PHA-OWNED HOUSING.—Section

17 5124(b) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.

18 11903(b)) is amended—

19 (1) in the matter preceding paragraph (1)—

20 (A) by striking ‘‘drug-related crime in’’

21 and inserting ‘‘crime in and around’’; and

22 (B) by striking ‘‘paragraphs (1) through

23 (7)’’ and inserting ‘‘paragraphs (1) through

24 (10)’’; and
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1 (2) in paragraph (2), by striking ‘‘drug-related’’

2 and inserting ‘‘criminal’’.

3 SEC. 4. GRANT PROCEDURES.

4 Section 5125 of the Anti-Drug Abuse Act of 1988

5 (42 U.S.C. 11904) is amended to read as follows:

6 ‘‘SEC. 5125. GRANT PROCEDURES.

7 ‘‘(a) PHA’S WITH 250 OR MORE UNITS.—

8 ‘‘(1) GRANTS.—In each fiscal year, the Sec9 retary shall make a grant under this chapter from

10 any amounts available under section 5131(b)(1) for

11 the fiscal year to each of the following public hous12 ing agencies:

13 ‘‘(A) NEW APPLICANTS.—Each public

14 housing agency that owns or operates 250 or

15 more public housing dwelling units and has—

16 ‘‘(i) submitted an application to the

17 Secretary for a grant for such fiscal year,

18 which includes a 5-year crime deterrence

19 and reduction plan under paragraph (2);

20 and

21 ‘‘(ii) had such application and plan

22 approved by the Secretary.

23 ‘‘(B) RENEWALS.—Each public housing

24 agency that owns or operates 250 or more pub25 lic housing dwelling units and for which—
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1 ‘‘(i) a grant was made under this

2 chapter for the preceding Federal fiscal

3 year;

4 ‘‘(ii) the term of the 5-year crime de5 terrence and reduction plan applicable to

6 such grant includes the fiscal year for

7 which the grant under this subsection is to

8 be made; and

9 ‘‘(iii) the Secretary has determined,

10 pursuant to a performance review under

11 paragraph (4), that during the preceding

12 fiscal year the agency has substantially ful13 filled the requirements under subpara14 graphs (A) and (B) of paragraph (4).

15 ‘‘(2) 5-YEAR CRIME DETERRENCE AND REDUC16 TION PLAN.—Each application for a grant under

17 this subsection shall contain a 5-year crime deter18 rence and reduction plan. The plan shall describe,

19 for the public housing agency submitting the plan—

20 ‘‘(A) the nature of the crime problem in

21 public housing owned or operated by the public

22 housing agency;

23 ‘‘(B) the building or buildings of the public

24 housing agency affected by the crime problem;
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1 ‘‘(C) the impact of the crime problem on

2 residents of such building or buildings; and

3 ‘‘(D) the actions to be taken during the

4 term of the plan to reduce and deter such

5 crime, which shall include actions involving resi6 dents, law enforcement, and service providers.

7 The term of a plan shall be the period consisting of

8 5 consecutive fiscal years, which begins with the first

9 fiscal year for which funding under this chapter is

10 provided to carry out the plan.

11 ‘‘(3) AMOUNT.—In any fiscal year, the amount

12 of the grant for a public housing agency receiving a

13 grant pursuant to paragraph (1) shall be the

14 amount that bears the same ratio to the total

15 amount made available under section 5131(b)(1) as

16 the total number of public dwelling units owned or

17 operated by such agency bears to the total number

18 of dwelling units owned or operated by all public

19 housing agencies that own or operate 250 or more

20 public housing dwelling units that are approved for

21 such fiscal year.

22 ‘‘(4) PERFORMANCE REVIEW.—For each fiscal

23 year, the Secretary shall conduct a performance re24 view of the activities carried out by each public
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1 housing agency receiving a grant pursuant to this

2 subsection to determine whether the agency—

3 ‘‘(A) has carried out such activities in a

4 timely manner and in accordance with its 5-

5 year crime deterrence and reduction plan; and

6 ‘‘(B) has a continuing capacity to carry

7 out such plan in a timely manner.

8 ‘‘(5) SUBMISSION OF APPLICATIONS.—The Sec9 retary shall establish such deadlines and require10 ments for submission of applications under this sub11 section.

12 ‘‘(6) REVIEW AND DETERMINATION.—The Sec13 retary shall review each application submitted under

14 this subsection upon submission and shall approve

15 the application unless the application and the 5-year

16 crime deterrence and reduction plan are inconsistent

17 with the purposes of this chapter or any require18 ments established by the Secretary or the informa19 tion in the application or plan is not substantially

20 complete. Upon approving or determining not to ap21 prove an application and plan submitted under this

22 subsection, the Secretary shall notify the public

23 housing agency submitting the application and plan

24 of such approval or disapproval.
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1 ‘‘(7) DISAPPROVAL OF APPLICATIONS.—If the

2 Secretary notifies an agency that the application and

3 plan of the agency is not approved, not later than

4 the expiration of the 15-day period beginning upon

5 such notice of disapproval, the Secretary shall also

6 notify the agency, in writing, of the reasons for the

7 disapproval, the actions that the agency could take

8 to comply with the criteria for approval, and the

9 deadlines for such actions.

10 ‘‘(8) FAILURE TO APPROVE OR DISAPPROVE.—

11 If the Secretary fails to notify an agency of approval

12 or disapproval of an application and plan submitted

13 under this subsection before the expiration of the

14 60-day period beginning upon the submission of the

15 plan or fails to provide notice under paragraph (7)

16 within the 15-day period under such paragraph to

17 an agency whose application has been disapproved,

18 the application and plan shall be considered to have

19 been approved for purposes of this section.

20 ‘‘(b) PHA’S WITH FEWER THAN 250 UNITS AND

21 OWNERS OF FEDERALLY ASSISTED LOW-INCOME HOUS22 ING.—

23 ‘‘(1) APPLICATIONS AND PLANS.—To be eligible

24 to receive a grant under this chapter, a public hous25 ing agency that owns or operates fewer than 250
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1 public housing dwelling units or an owner of feder2 ally assisted low-income housing shall submit an ap3 plication to the Secretary at such time, in such man4 ner, and accompanied by such additional information

5 as the Secretary may require. The application shall

6 include a plan for addressing the problem of crime

7 in and around the housing for which the application

8 is submitted, describing in detail activities to be con9 ducted during the fiscal year for which the grant is

10 requested.

11 ‘‘(2) GRANTS FOR PHA’S WITH FEWER THAN

12 250 UNITS.—In each fiscal year the Secretary may,

13 to the extent amounts are available under section

14 5131(b)(2), make grants under this chapter to pub15 lic housing agencies that own or operate fewer than

16 250 public housing dwelling units and have submit17 ted applications under paragraph (1) that the Sec18 retary has approved pursuant to the criteria under

19 paragraph (4).

20 ‘‘(3) GRANTS FOR FEDERALLY ASSISTED LOW21 INCOME HOUSING.—In each fiscal year the Secretary

22 may, to the extent amounts are available under sec23 tion 5131(b)(3), make grants under this chapter to

24 owners of federally assisted low-income housing that

25 have submitted applications under paragraph (1)
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1 that the Secretary has approved pursuant to the cri2 teria under paragraphs (4) and (5).

3 ‘‘(4) CRITERIA FOR APPROVAL OF APPLICA4 TIONS.—The Secretary shall determine whether to

5 approve each application under this subsection on

6 the basis of—

7 ‘‘(A) the extent of the crime problem in

8 and around the housing for which the applica9 tion is made;

10 ‘‘(B) the quality of the plan to address the

11 crime problem in the housing for which the ap12 plication is made;

13 ‘‘(C) the capability of the applicant to

14 carry out the plan; and

15 ‘‘(D) the extent to which the tenants of the

16 housing, the local government, local community17 based nonprofit organizations, local tenant or18 ganizations representing residents of neighbor19 ing projects that are owned or assisted by the

20 Secretary, and the local community support and

21 participate in the design and implementation of

22 the activities proposed to be funded under the

23 application.

24 In each fiscal year, the Secretary may give pref25 erence to applications under this subsection for
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1 housing made by applicants who received a grant for

2 such housing for the preceding fiscal year under this

3 subsection or under the provisions of this chapter as

4 in effect immediately before the date of the enact5 ment of the Community Partnerships Against Crime

6 Amendments Act.

7 ‘‘(5) ADDITIONAL CRITERIA FOR FEDERALLY

8 ASSISTED LOW-INCOME HOUSING.—In addition to

9 the selection criteria under paragraph (4), the Sec10 retary may establish other criteria for evaluating ap11 plications submitted by owners of federally assisted

12 low-income housing, except that such additional cri13 teria shall be designed only to reflect—

14 ‘‘(A) relevant differences between the fi15 nancial resources and other characteristics of

16 public housing authorities and owners of feder17 ally assisted low-income housing; or

18 ‘‘(B) relevant differences between the prob19 lem of crime in public housing administered by

20 such public housing agencies and the problem

21 of crime in federally assisted low-income hous22 ing.’’.

23 SEC. 5. DEFINITIONS.

24 Section 5126 of the Anti-Drug Abuse Act of 1988

25 (42 U.S.C. 11905) is amended—
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1 (1) by striking paragraphs (1) and (2);

2 (2) in paragraph (4), by striking ‘‘section’’ be3 fore ‘‘221(d)(4)’’;

4 (3) by redesignating paragraphs (3) and (4) (as

5 so amended) as paragraphs (1) and (2), respectively;

6 and

7 (4) by adding at the end the following new

8 paragraph:

9 ‘‘(3) PUBLIC HOUSING AGENCY.—The term

10 ‘public housing agency’ has the meaning given the

11 term in section 3(b) of the United States Housing

12 Act of 1937.’’.

13 SEC. 6. IMPLEMENTATION.

14 Section 5127 of the Anti-Drug Abuse Act of 1988

15 (42 U.S.C. 11906) is amended by striking ‘‘Cranston-Gon16 zalez National Affordable Housing Act’’ and inserting

17 ‘‘Community Partnerships Against Crime Amendments

18 Act’’.

19 SEC. 7. REPORTS.

20 Section 5128 of the Anti-Drug Abuse Act of 1988

21 (42 U.S.C. 11907) is amended—

22 (1) by striking ‘‘drug-related crime in’’ and in23 serting ‘‘crime in and around’’; and
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1 (2) by striking ‘‘described in section 5125(a)’’

2 and inserting ‘‘for the grantee submitted under sub3 section (a) or (b) of section 5125, as applicable’’.

4 SEC. 8. TECHNICAL ASSISTANCE AND FUNDING.

5 Chapter 2 of subtitle C of title V of the Anti-Drug

6 Abuse Act of 1988 is amended by striking section 5130

7 (42 U.S.C. 11909) and inserting the following new sec8 tions:

9 ‘‘SEC. 5130. TECHNICAL ASSISTANCE.

10 ‘‘(a) IN GENERAL.—To the extent amounts are made

11 available under section 5131(c), the Secretary may provide

12 training, information services, and other technical assist13 ance to public housing agencies and other entities with re14 spect to their participation in the program under this

15 chapter, which shall include activities under subsection (b)

16 of this section. Such technical assistance may be provided

17 directly by the Secretary or indirectly pursuant to grants,

18 contracts, or cooperative agreements.

19 ‘‘(b) USE.—The Secretary may use amounts available

20 for use under this section—

21 ‘‘(1) to establish and operate the clearinghouse

22 on drug abuse in public housing and the regional

23 training program on drug abuse in public housing

24 under sections 5143 and 5144 of this Act;
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1 ‘‘(2) to obtain assistance in establishing and

2 managing assessment and evaluation criteria and

3 specifications and to obtain the opinions of experts

4 in relevant fields; and

5 ‘‘(3) upon the request of a public housing agen6 cy, to assist the agency in evaluating the extent of

7 the crime problem in any public housing adminis8 tered by the agency and preparing a 5-year crime

9 deterrence and reduction plan under section 5125(a)

10 or an application and plan under section 5125(b)(1),

11 which assistance may include providing personnel

12 and funding to identify and secure local resources to

13 assist in deterring and reducing crime.

14 ‘‘(c) PRIORITY.—In selecting entities to receive tech15 nical assistance under this section, the Secretary shall give

16 priority to public housing agencies that have submitted ap17 plications and plans under section 5125 that the Secretary

18 has determined do not meet the requirements for approval

19 for assistance under this chapter.

20 ‘‘SEC. 5131. FUNDING.

21 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

22 is authorized to be appropriated to carry out this chapter

23 $340,000,000 for fiscal year 1997 and such sums as may

24 be necessary for each of fiscal years 1998, 1999, 2000,
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1 and 2001. Any amount appropriated under this subsection

2 shall remain available until expended.

3 ‘‘(b) ALLOCATION.—Of any amounts available, or

4 that the Secretary is authorized to use, to carry out this

5 chapter in any fiscal year that remain after reserving

6 amounts for use under subsection (c)—

7 ‘‘(1) 85 percent shall be available only for as8 sistance pursuant to section 5125(a) to public hous9 ing agencies that own or operate 250 or more public

10 housing dwelling units;

11 ‘‘(2) 10 percent shall be available only for as12 sistance pursuant to section 5125(b)(2) to public

13 housing agencies that own or operate fewer than 250

14 public housing dwelling units; and

15 ‘‘(3) 5 percent shall be available only for assist16 ance to federally assisted low-income housing pursu17 ant to section 5125(b)(3).

18 Any other provision of law enacted before or after the date

19 of the enactment of the Community Partnerships Against

20 Crime Amendments Act that limits the authority of the

21 Secretary to use amounts to carry out this chapter upon

22 the apportionment of such amounts in a manner not pro23 vided for in this subsection shall not be effective.

24 ‘‘(c) SET-ASIDE FOR TECHNICAL ASSISTANCE.—Of

25 any amount made available in fiscal years 1997, 1998,
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1 1999, 2000, and 2001 to carry out this chapter, the Sec2 retary shall use not more than $10,000,000 in each such

3 fiscal year to provide technical assistance under section

4 5130.’’.

5 SEC. 9. CONFORMING AMENDMENTS.

6 The table of contents in section 5001 of the Anti7 Drug Abuse Act of 1988 (Public Law 100–690; 102 Stat.

8 4295) is amended—

9 (1) by striking the item relating to the heading

10 for chapter 2 of subtitle C of title V and inserting

11 the following:

‘‘CHAPTER 2—COMMUNITY PARTNERSHIPS AGAINST CRIME’’;

12 (2) by striking the item relating to section 5122

13 and inserting the following new item:

‘‘Sec. 5122. Purposes.’’;

14 (3) by striking the item relating to section 5125

15 and inserting the following new item:

‘‘Sec. 5125. Grant procedures.’’;

16 and

17 (4) by striking the item relating to section 5130

18 and inserting the following new items:

‘‘Sec. 5130. Technical Assistance.

‘‘Sec. 5131. Funding.’’.

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