I

103D CONGRESS

2D SESSION H. R. 4208

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

APRIL 13, 1994

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

on Banking, Finance and Urban Affairs

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

8 PARTNERSHIPS AGAINST CRIME

9 ‘‘SEC. 5121. SHORT TITLE.

10 ‘‘This chapter may be cited as the ‘Community Part11 nerships Against Crime Act of 1993’.

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 as the Secretary determines appropriate for

12 timely and orderly allocation and disbursement of

13 amounts made available for grants under this sub14 section.

15 ‘‘(6) REVIEW AND DETERMINATION.—The Sec16 retary shall review each application submitted under

17 this subsection upon submission and shall approve

18 the application unless the application and the 5-year

19 crime deterrence and reduction plan are inconsistent

20 with the purposes of this chapter or any require21 ments established by the Secretary or the informa22 tion in the application or plan is not substantially

23 complete. Upon approving or determining not to ap24 prove an application and plan submitted under this

25 subsection, the Secretary shall notify the public
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1 housing agency submitting the application and plan

2 of such approval or disapproval.

3 ‘‘(7) DISAPPROVAL OF APPLICATIONS.—If the

4 Secretary notifies an agency that the application and

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

6 the expiration of the 15-day period beginning upon

7 such notice of disapproval, the Secretary shall also

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

9 disapproval, the actions that the agency could take

10 to comply with the criteria for approval, and the

11 deadlines for such actions.

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

13 If the Secretary fails to notify an agency of approval

14 or disapproval of an application and plan submitted

15 under this subsection before the expiration of the

16 60-day period beginning upon the submission of the

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

18 within the 15-day period under such paragraph to

19 an agency whose application has been disapproved,

20 the application and plan shall be considered to have

21 been approved for purposes of this section.

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

23 OWNERS OF FEDERALLY ASSISTED LOW-INCOME HOUS24 ING.—
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1 ‘‘(1) APPLICATIONS AND PLANS.—To be eligible

2 to receive a grant under this chapter, a public hous3 ing agency that owns or operates fewer than 250

4 public housing dwelling units or an owner of feder5 ally assisted low-income housing shall submit an ap6 plication to the Secretary at such time, in such man7 ner, and accompanied by such additional information

8 as the Secretary may require. The application shall

9 include a plan for addressing the problem of crime

10 in and around the housing for which the application

11 is submitted, describing in detail activities to be con12 ducted during the fiscal year for which the grant is

13 requested and generally describing activities pro14 posed to be conducted during the ensuing 4 fiscal

15 years.

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

17 250 UNITS.—In each fiscal year the Secretary may,

18 to the extent amounts are available under section

19 5131(b)(2), make grants under this chapter to pub20 lic housing agencies that own or operate fewer than

21 250 public housing dwelling units and have submit22 ted applications under paragraph (1) that the Sec23 retary has approved pursuant to the criteria under

24 paragraph (4).
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1 ‘‘(3) GRANTS FOR FEDERALLY ASSISTED LOW2 INCOME HOUSING.—In each fiscal year the Secretary

3 may, to the extent amounts are available under sec4 tion 5131(b)(3), make grants under this chapter to

5 owners of federally assisted low-income housing that

6 have submitted applications under paragraph (1)

7 that the Secretary has approved pursuant to the cri8 teria under paragraphs (4) and (5).

9 ‘‘(4) CRITERIA FOR APPROVAL OF APPLICA10 TIONS.—The Secretary shall determine whether to

11 approve each application under this subsection on

12 the basis of—

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

14 and around the housing for which the applica15 tion is made;

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

17 crime problem in the housing for which the ap18 plication is made, including the extent to which

19 the plan includes initiatives that can be sus20 tained over a period of several years;

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

22 carry out the plan; and

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

24 housing, the local government, local community25 based nonprofit organizations, local tenant or-
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1 ganizations representing residents of neighbor2 ing projects that are owned or assisted by the

3 Secretary, and the local community support and

4 participate in the design and implementation of

5 the activities proposed to be funded under the

6 application.

7 In each fiscal year, the Secretary may give pref8 erence to applications under this subsection for

9 housing made by applicants who received a grant for

10 such housing for the preceding fiscal year under this

11 subsection or under the provisions of this chapter as

12 in effect immediately before the date of the enact13 ment of the Community Partnerships Against Crime

14 Amendments Act.

15 ‘‘(5) ADDITIONAL CRITERIA FOR FEDERALLY

16 ASSISTED LOW-INCOME HOUSING.—In addition to

17 the selection criteria under paragraph (4), the Sec18 retary may establish other criteria for evaluating ap19 plications submitted by owners of federally assisted

20 low-income housing, except that such additional cri21 teria shall be designed only to reflect—

22 ‘‘(A) relevant differences between the fi23 nancial resources and other characteristics of

24 public housing authorities that own or operate

25 fewer than 250 public housing dwelling units
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1 and owners of federally assisted low-income

2 housing; or

3 ‘‘(B) relevant differences between the prob4 lem of crime in public housing administered by

5 such public housing agencies and the problem

6 of crime in federally assisted low-income hous7 ing.’’.

8 SEC. 5. DEFINITIONS.

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

10 (42 U.S.C. 11905) is amended—

11 (1) by striking paragraphs (1) and (2);

12 (2) in paragraph (4), by striking ‘‘section’’ be13 fore ‘‘221(d)(4)’’;

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

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

16 and

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

18 paragraph:

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

20 ‘public housing agency’ has the meaning given the

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

22 Act of 1937.’’.

23 SEC. 6. IMPLEMENTATION.

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

25 (42 U.S.C. 11906) is amended by striking ‘‘Cranston-Gon-
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1 zalez National Affordable Housing Act’’ and inserting

2 ‘‘Community Partnerships Against Crime Amendments

3 Act’’.

4 SEC. 7. REPORTS.

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

6 (42 U.S.C. 11907) is amended—

7 (1) by striking ‘‘The Secretary’’ and inserting

8 the following:

9 ‘‘(a) REPORTS BY GRANTEES.—The Secretary’’;

10 (2) by striking ‘‘drug-related crime in’’ and in11 serting ‘‘crime in and around’’;

12 (3) by striking ‘‘described in section 5125(a)’’

13 and inserting ‘‘for the grantee submitted under sub14 section (a) or (b) of section 5125, as applicable’’;

15 and

16 (4) by adding at the end the following new sub17 section:

18 ‘‘(b) REPORTS BY SECRETARY.—For each fiscal year

19 in which the Secretary makes grants under this chapter,

20 the Secretary shall submit a report to the Congress de21 scribing the progress achieved in crime deterrence and re22 duction in the public housing and federally assisted low23 income housing for which such grant assistance has been

24 provided. The report shall include any recommendations
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1 of the Secretary for changes in the program of assistance

2 under this chapter.’’.

3 SEC. 8. TECHNICAL ASSISTANCE AND FUNDING.

4 (a) COMMUNITY PARTNERSHIPS AGAINST CRIME.—

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

6 Act of 1988 is amended by striking section 5130 (42

7 U.S.C. 11909) and inserting the following new sections:

8 ‘‘SEC. 5130. TECHNICAL ASSISTANCE.

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

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

11 training, information services, and other technical assist12 ance to public housing agencies and other entities with re13 spect to their participation in the program under this

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

15 of this section. Such technical assistance may be provided

16 directly by the Secretary or indirectly pursuant to grants,

17 contracts, or cooperative agreements.

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

19 for use under this section—

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

21 on drug abuse in public housing and the regional

22 training program on drug abuse in public housing

23 under sections 5143 and 5144 of this Act;

24 ‘‘(2) to obtain assistance in establishing and

25 managing assessment and evaluation criteria and
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1 specifications and to obtain the opinions of experts

2 in relevant fields; and

3 ‘‘(3) upon the request of a public housing agen4 cy, to assist the agency in evaluating the extent of

5 the crime problem in any public housing adminis6 tered by the agency and preparing a 5-year crime

7 deterrence and reduction plan under section 5125(a)

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

9 which assistance may include providing personnel

10 and funding to identify and secure local resources to

11 assist in deterring and reducing crime.

12 ‘‘(c) PRIORITY.—In selecting entities to receive tech13 nical assistance under this section, the Secretary shall give

14 priority to public housing agencies that have submitted ap15 plications and plans under section 5125 that the Secretary

16 has determined do not meet the requirements for approval

17 for assistance under this chapter.

18 ‘‘SEC. 5131. FUNDING.

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

20 is authorized to be appropriated to carry out this chapter

21 $275,950,000 for fiscal year 1995 and $281,138,500 for

22 fiscal year 1996. Any amount appropriated under this sub23 section shall remain available until expended.
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1 ‘‘(b) ALLOCATION.—Of any amounts appropriated to

2 carry out this chapter in any fiscal year that remain after

3 reserving amounts for use under subsection (c)—

4 ‘‘(1) 85 percent shall be available only for as5 sistance pursuant to section 5125(a) to public hous6 ing agencies that own or operate 250 or more public

7 housing dwelling units;

8 ‘‘(2) 10 percent shall be available only for as9 sistance pursuant to section 5125(b)(2) to public

10 housing agencies that own or operate fewer than 250

11 public housing dwelling units; and

12 ‘‘(3) 5 percent shall be available only for assist13 ance to federally assisted low-income housing pursu14 ant to section 5125(b)(3).

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

16 any amount made available in fiscal years 1994 and 1995

17 to carry out this chapter, the Secretary shall use not more

18 than $10,000,000 in each such fiscal year to provide tech19 nical assistance under section 5130.’’.

20 (b) PUBLIC HOUSING YOUTH SPORTS PROGRAMS.—

21 Section 520 of the Cranston-Gonzalez National Affordable

22 Housing Act (42 U.S.C. 11903a) is amended—

23 (1) in subsection (a), by striking ‘‘provided for

24 public and assisted housing drug elimination grants

25 under section 5130(a) of the Anti-Drug Abuse Act
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1 of 1988’’ and inserting ‘‘made available under sub2 section (k)’’; and

3 (2) by striking subsection (k) and inserting the

4 following new subsection:

5 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated for grants under this

7 section $13,647,000 for fiscal year 1995 and $14,056,925

8 for fiscal year 1996.’’.

9 SEC. 9. CONFORMING AMENDMENTS.

10 The table of contents in section 5001 of the Anti11 Drug Abuse Act of 1988 (Public Law 100–690; 102 Stat.

12 4295) is amended—

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

14 for chapter 2 of subtitle C and inserting the follow15 ing:

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

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

17 and inserting the following new item:

‘‘Sec. 5122. Purposes.’’;

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

19 and inserting the following new item:

‘‘Sec. 5125. Grant procedures.’’;

20 and

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

22 and inserting the following new items:

‘‘Sec. 5130. Technical Assistance.

‘‘Sec. 5131. Funding.’’.
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