278
(2) is not a chronically troubled public housing
agency, as such term is defined in section 546(b) of
this Act.
SEC. 548. MAINTENANCE OF RECORDS.
Each public housing agency shall keep such records as
may be reasonably necessary to disclose the amount and
the disposition by the agency of the proceeds of assistance
received pursuant to this Act and to ensure compliance with
the requirements of this Act.
SEC. 549. ANNUAL REPORTS REGARDING TROUBLED PHA’S.
The Secretary shall submit a report to the Congress
annually, as a part of the report of the Secretary under
section 8 of the Department of Housing and Urban Develop-
ment Act, that—
(1) identifies the public housing agencies that
are designated under section 533 as troubled or at-
risk of becoming troubled and the reasons for such
designation; and
(2) describes any actions that have been taken in
accordance with sections 542, 543, 544, and 545.
SEC. 550. APPLICABILITY TO RESIDENT MANAGEMENT COR-
PORATIONS.
The Secretary shall apply the provisions of this sub-
title to resident management corporations in the same man-
ner as applied to public housing agencies.
279
SEC. 551. ADVISORY COUNCIL FOR HOUSING AUTHORITY
OF NEW ORLEANS.
(a) ESTABLISHMENT.—The Secretary and the Housing
Authority of New Orleans (in this section referred to as the
‘‘Housing Authority’’) shall, pursuant to the cooperative en-
deavor agreement in effect between the Secretary and the
Housing Authority, establish an advisory council for the
Housing Authority of New Orleans (in this section referred
to as the ‘‘advisory council’’) that complies with the require-
ments of this section.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The advisory council shall be
appointed by the Secretary, not later than 90 days
after the date of the enactment of this Act, and shall
be composed of the following members:
(A) The Inspector General of the Depart-
ment of Housing and Urban Development (or the
Inspector General’s designee).
(B) Not more than 7 other members, who
shall be selected for appointment based on their
experience in successfully reforming troubled
public housing agencies or in providing afford-
able housing in coordination with State and
local governments, the private sector, affordable
housing residents, or local nonprofit organiza-
tions.
280
(2) PROHIBITION ON ADDITIONAL PAY.—Members
of the advisory council shall serve without compensa-
tion, but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the perform-
ance of their duties as members of the Board using
amounts from the Headquarters Reserve fund pursu-
ant to section 111(b)(4).
(c) FUNCTIONS.—The advisory council shall—
(1) establish standards and guidelines for assess-
ing the performance of the Housing Authority in car-
rying out operational, asset management, and finan-
cial functions for purposes of the reports and finding
under subsections (d) and (e), respectively;
(2) provide advice, expertise, and recommenda-
tions to the Housing Authority regarding the manage-
ment, operation, repair, redevelopment, revitalization,
demolition, and disposition of public housing develop-
ments of the Housing Authority;
(3) report to the Congress under subsection (d)
regarding any progress of the Housing Authority in
improving the performance of its functions; and
(4) make a final finding to the Congress under
subsection (e) regarding the future of the Housing Au-
thority.
281
(d) QUARTERLY
REPORTS.—The advisory council
shall report to the Congress and the Secretary not less than
every 3 months regarding the performance of the Housing
Authority and any progress of the authority in improving
its performance and carrying out its functions.
(e) FINAL FINDING.—Upon the expiration of the 18-
month period that begins upon the appointment under sub-
section (b)(1) of all members of the advisory council, the
council shall make and submit to the Congress and the Sec-
retary a finding of whether the Housing Authority has sub-
stantially improved its performance, the performance of its
functions, and the overall condition of the Authority such
that the Authority should be allowed to continue to operate
as the manager of the public housing of the Authority. In
making the finding under this subsection, the advisory
council shall consider whether the Housing Authority has
made sufficient progress in the demolition and revitaliza-
tion of the Desire Homes development, the revitalization of
the St. Thomas Homes development, the appropriate alloca-
tion of operating subsidy amounts, and the appropriate ex-
pending of modernization amounts.
(f) RECEIVERSHIP.—If the advisory council finds
under subsection (e) that the Housing Authority has not
substantially improved its performance such that the Au-
thority should be allowed to continue to operate as the man-
282
ager of the public housing of the Authority, the Secretary
shall (notwithstanding section 545(a)) petition under sec-
tion 545(b) for the appointment of a receiver for the Hous-
ing Authority, which receivership shall be subject to the pro-
visions of section 545.
(g) EXEMPTION.—The provisions of section 546 shall
not apply to the Housing Authority.
TITLE VI—REPEALS AND
RELATED AMENDMENTS
Subtitle A—Repeals, Effective Date,
and Savings Provisions
SEC. 601. EFFECTIVE DATE AND REPEAL OF UNITED STATES
HOUSING ACT OF 1937.
(a) EFFECTIVE DATE.—
(1) IN GENERAL.—This Act and the amendments
made by this Act shall take effect upon the expiration
of the 6-month period beginning on the date of the en-
actment of this Act, except as otherwise provided in
this section.
(2) EXCEPTION.—If the Secretary determines
that action under this paragraph is necessary for pro-
gram administration or to avoid hardship, the Sec-
retary may, by notice in accordance with subsection
(d), delay the effective date of any provision of this
Act until a date not later than October 1, 1998.
283
(3) SPECIFIC EFFECTIVE DATES.—Any provision
of this Act that specifically provides for the effective
date of such provision shall take effect in accordance
with the terms of the provision.
(b) REPEAL OF UNITED STATES HOUSING ACT OF
1937.—Effective upon the effective date under subsection
(a)(1), the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) is repealed, subject to the conditions under
subsection (c). Subsection (a)(2) shall not apply to this sub-
section.
(c) SAVINGS PROVISIONS.—
(1) OBLIGATIONS UNDER 1937 ACT.—Any obliga-
tion of the Secretary made under authority of the
United States Housing Act of 1937 shall continue to
be governed by the provisions of such Act, except
that—
(A) notwithstanding the repeal of such Act,
the Secretary may make a new obligation under
such Act upon finding that such obligation is re-
quired—
(i) to protect the financial interests of
the United States or the Department of
Housing and Urban Development; or
(ii) for the amendment, extension, or
renewal of existing obligations; and
284
(B) notwithstanding the repeal of such Act,
the Secretary may, in accordance with subsection
(d), issue regulations and other guidance and di-
rectives as if such Act were in effect if the Sec-
retary finds that such action is necessary to fa-
cilitate the administration of obligations under
such Act.
(2) TRANSITION OF FUNDING.—Amounts appro-
priated under the United States Housing Act of 1937
shall, upon repeal of such Act, remain available for
obligation under such Act in accordance with the
terms under which amounts were made available.
(3) CROSS REFERENCES.—The provisions of the
United States Housing Act of 1937 shall remain in
effect for purposes of the validity of any reference to
a provision of such Act in any statute (other than
such Act) until such reference is modified by law or
repealed.
(d) PUBLICATION AND EFFECTIVE DATE OF NOTICES
OF DELAY.—
(1) SUBMISSION TO CONGRESS.—The Secretary
shall submit to the Committee on Banking and Fi-
nancial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate a copy of any proposed notice
285
under subsection (a)(2) or any proposed regulation,
guidance, or directive under subsection (c)(1)(B).
(2) OPPORTUNITY TO REVIEW.—Such a regula-
tion, notice, guidance, or directive may not be pub-
lished for comment or for final effectiveness before or
during the 15-calendar day period beginning on the
day after the date on which such regulation, notice,
guidance, or directive was submitted to the Congress.
(3) EFFECTIVE
DATE.—No regulation, notice,
guideline, or directive may become effective until after
the expiration of the 30-calendar day period begin-
ning on the day after the day on which such rule or
regulation is published as final.
(4) WAIVER.—The provisions of paragraphs (2)
and (3) may be waived upon the written request of
the Secretary, if agreed to by the Chairmen and
Ranking Minority Members of both Committees.
(e) MODIFICATIONS.—Notwithstanding any provision
of this Act or any annual contributions contract or other
agreement entered into by the Secretary and a public hous-
ing agency pursuant to the provisions of the United States
Housing Act of 1937 (as in effect before the effective date
of the repeal under section 601(b) of this Act), the Secretary
and the agency may by mutual consent amend, supersede,
or modify any such agreement as appropriate to provide
286
for assistance under this Act, except that the Secretary and
the agency may not consent to any such amendment, super-
session, or modification that substantially alters any out-
standing obligations requiring continued maintenance of
the low-income character of any public housing development
and any such amendment, supersession, or modification
shall not be given effect.
(f) SECTION 8 PROJECT-BASED ASSISTANCE.—
(1) IN GENERAL.—The provisions of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.)
shall remain in effect after the effectiveness of the re-
peal under subsection (b) with respect to all section
8 project-based assistance, pursuant to existing and
future contracts, except as otherwise provided by this
section.
(2) TENANT
SELECTION
PREFERENCES.—An
owner of housing assisted with section 8 project-based
assistance shall give preference, in the selection of ten-
ants for units of such projects that become available,
according to any system of local preferences estab-
lished pursuant to section 223 by the public housing
agency having jurisdiction for the area in which such
projects are located.
(3) 1-YEAR NOTIFICATION.—Paragraphs (9) and
(10) of section 8(c) of the United States Housing Act
287
of 1937 (42 U.S.C. 1437f(c)) shall not be applicable
to section 8 project-based assistance.
(4) LEASE TERMS.—Leases for dwelling units as-
sisted with section 8 project-based assistance shall
comply with the provisions of paragraphs (1) and (3)
of section 324 of this Act and shall not be subject to
the provisions of 8(d)(1)(B) of the United States
Housing Act of 1937.
(5) TERMINATION
OF
TENANCY.—Any termi-
nation of tenancy of a resident of a dwelling unit as-
sisted with section 8 project-based assistance shall
comply with the provisions of section 324(2) and sec-
tion 325 of this Act and shall not be subject to the
provisions of section 8(d)(1)(B) of the United States
Housing Act of 1937.
(6) DEFINITION.—For purposes of this sub-
section, the term ‘‘section 8 project-based assistance’’
means assistance under any of the following pro-
grams:
(A) The new construction or substantial re-
habilitation program under section 8(b)(2) of the
United States Housing Act of 1937 (as in effect
before October 1, 1983).
(B) The property disposition program
under section 8(b) of the United States Housing
288
Act of 1937 (as in effect before the effective date
of the repeal under section 601(b) of this Act).
(C) The loan management set-aside pro-
gram under subsections (b) and (v) of section 8
of such Act.
(D) The project-based certificate program
under section 8(d)(2) of such Act.
(E) The moderate rehabilitation program
under section 8(e)(2) of the United States Hous-
ing Act of 1937 (as in effect before October 1,
1991).
(F) The low-income housing preservation
program under Low-Income Housing Preserva-
tion and Resident Homeownership Act of 1990
or the provisions of the Emergency Low Income
Housing Preservation Act of 1987 (as in effect
before November 28, 1990).
(G) Section 8 of the United States Housing
Act of 1937 (as in effect before the effective date
of the repeal under section 601(b) of this Act),
following conversion from assistance under sec-
tion 101 of the Housing and Urban Development
Act of 1965 or section 236(f)(2) of the National
Housing Act.
290
(7) SPECIAL PROJECTS FOR ELDERLY OR HANDI-
CAPPED FAMILIES.—Section 209 of the Housing and
Community Development Act of 1974 (42 U.S.C.
1438).
(8) ACCESS TO PHA BOOKS.—Section 816 of the
Housing Act of 1954 (42 U.S.C. 1435).
(9) MISCELLANEOUS
PROVISIONS.—Subsections
(b)(1) and (d) of section 326 of the Housing and
Community Development Amendments of 1981 (Pub-
lic Law 97–35, 95 Stat. 406; 42 U.S.C. 1437f note).
(10) PAYMENT FOR DEVELOPMENT MANAGERS.—
Section 329A of the Housing and Community Devel-
opment Amendments of 1981 (42 U.S.C. 1437j–1).
(11) PROCUREMENT OF INSURANCE BY PHA’S.—
In the item relating to ‘‘ADMINISTRATIVE
PROVI-
SIONS’’ under the heading ‘‘MANAGEMENT AND AD-
MINISTRATION’’ in title II of the Departments of Vet-
erans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1991,
the penultimate undesignated paragraph of such item
(Public Law 101–507; 104 Stat. 1369).
(12) PUBLIC
HOUSING
CHILDHOOD
DEVELOP-
MENT.—Section 222 of the Housing and Urban-Rural
Recovery Act of 1983 (12 U.S.C. 1701z–6 note).
291
(13) INDIAN
HOUSING
CHILDHOOD
DEVELOP-
MENT.—Section 518 of the Cranston-Gonzalez Na-
tional Affordable Housing Act (12 U.S.C. 1701z–6
note).
(14) PUBLIC HOUSING COMPREHENSIVE TRANSI-
TION DEMONSTRATION.—Section 126 of the Housing
and Community Development Act of 1987 (42 U.S.C.
1437f note).
(15) PUBLIC
HOUSING
ONE-STOP
PERINATAL
SERVICES
DEMONSTRATION.—Section 521 of the
Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 1437t note).
(16) PUBLIC
HOUSING
MINCS
DEMONSTRA-
TION.—Section 522 of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 1437f note).
(17) PUBLIC HOUSING ENERGY EFFICIENCY DEM-
ONSTRATION.—Section 523 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 1437g
note).
(18) 
OMAHA
HOMEOWNERSHIP
DEMONSTRA-
TION.—Section 132 of the Housing and Community
Development Act of 1992 (Public Law 102–550; 106
Stat. 3712).
(19) PUBLIC
AND
ASSISTED
HOUSING
YOUTH
SPORTS
PROGRAMS.—Section 520 of the Cranston-
292
Gonzalez National Affordable Housing Act (42 U.S.C.
11903a).
(20) FROST-LELAND
PROVISIONS.—Section 415
of the Department of Housing and Urban Develop-
ment—Independent Agencies Appropriations Act,
1988 (Public Law 100–202; 101 Stat. 1329–213); ex-
cept that, notwithstanding any other provision of law,
beginning on the date of enactment of this Act, the
public housing projects described in section 415 of
such appropriations Act (as such section existed im-
mediately before the date of enactment of this Act)
shall be eligible for demolition—
(A) under section 14 of the United States
Housing Act of 1937 (as such section existed
upon the enactment of this Act); and
(B) under section 9 of the United States
Housing Act of 1937.
(21) 
MULTIFAMILY
FINANCING.—The 
penul-
timate sentence of section 302(b)(2) of the National
Housing Act (12 U.S.C. 1717(b)(2)) and the penul-
timate sentence of section 305(a)(2) of the Emergency
Home Finance Act of 1970 (12 U.S.C. 1454(a)(2)).
(22) CONFLICTS OF INTEREST.—Subsection (c) of
section 326 of the Housing and Community Develop-
ment Amendments of 1981 (42 U.S.C. 1437f note).
293
(23) CONVERSION OF PUBLIC HOUSING.—Section
202 of the Departments of Veterans Affairs and Hous-
ing and Urban Development, and Independent Agen-
cies Appropriations Act, 1996 (42 U.S.C. 1437l note)
(enacted as section 101(e) of Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public
Law 104–134; 110 Stat. 1321–279)).
(b) SAVINGS PROVISION.—Except to the extent other-
wise provided in this Act—
(1) the repeals made by subsection (a) shall not
affect any legally binding obligations entered into be-
fore the effective date of this Act; and
(2) any funds or activities subject to a provision
of law repealed by subsection (a) shall continue to be
governed by the provision as in effect immediately be-
fore such repeal.
Subtitle B—Other Provisions Relat-
ing to Public Housing and Rent-
al Assistance Programs
SEC. 621. ALLOCATION OF ELDERLY HOUSING AMOUNTS.
Section 202(l) of the Housing Act of 1959 (12 U.S.C.
1701q(l)) is amended by adding at the end the following
new paragraph:
‘‘(4) CONSIDERATION
IN
ALLOCATING
ASSIST-
ANCE.—Assistance under this section shall be allo-
294
cated in a manner that ensures that the awards of the
assistance are made for projects of sufficient size to
accommodate facilities for supportive services appro-
priate to the needs of frail elderly residents.’’.
SEC. 622. PET OWNERSHIP.
Section 227 of the Housing and Urban-Rural Recovery
Act of 1983 (12 U.S.C. 1701r–1) is amended to read as
follows:
‘‘SEC. 227. PET OWNERSHIP IN FEDERALLY ASSISTED RENT-
AL HOUSING.
‘‘(a) RIGHT OF OWNERSHIP.—A resident of a dwelling
unit in federally assisted rental housing may own common
household pets or have common household pets present in
the dwelling unit of such resident, subject to the reasonable
requirements of the owner of the federally assisted rental
housing and providing that the resident maintains the ani-
mals responsibly and in compliance with applicable local
and State public health, animal control, and anticruelty
laws. Such reasonable requirements may include requiring
payment of a nominal fee and pet deposit by residents own-
ing or having pets present, to cover the operating costs to
the project relating to the presence of pets and to establish
an escrow account for additional such costs not otherwise
covered, respectively. Notwithstanding section 225(d) of the
Housing Opportunity and Responsibility Act of 1997, a
295
public housing agency may not grant any exemption under
such section from payment, in whole or in part, of any fee
or deposit required pursuant to the preceding sentence.
‘‘(b) PROHIBITION
AGAINST
DISCRIMINATION.—No
owner of federally assisted rental housing may restrict or
discriminate against any person in connection with admis-
sion to, or continued occupancy of, such housing by reason
of the ownership of common household pets by, or the pres-
ence of such pets in the dwelling unit of, such person.
‘‘(c) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
‘‘(1) FEDERALLY ASSISTED RENTAL HOUSING.—
The term ‘federally assisted rental housing’ means
any multifamily rental housing project that is—
‘‘(A) public housing (as such term is defined
in section 103 of the Housing Opportunity and
Responsibility Act of 1997);
‘‘(B) assisted with project-based assistance
pursuant to section 601(f) of the Housing Oppor-
tunity and Responsibility Act of 1997 or under
section 8 of the United States Housing Act of
1937 (as in effect before the effective date of the
repeal under section 601(b) of the Housing Op-
portunity and Responsibility Act of 1997);
297
notice and opportunity for public comment in accordance
with the procedure under section 553 of title 5, United
States Code, applicable to substantive rules (notwithstand-
ing subsections (a)(2), (b)(B), and (d)(3) of such section).’’.
SEC. 623. REVIEW OF DRUG ELIMINATION PROGRAM CON-
TRACTS.
(a) REQUIREMENT.—The Secretary of Housing and
Urban Development shall investigate all security contracts
awarded by grantees under the Public and Assisted 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;
(4) to evaluate the effectiveness of the contracts;
and
(5) to provide a full accounting of all expenses
under the contracts.
298
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall complete
the investigation required under subsection (a) and submit
a report to the Congress regarding the findings under the
investigation. With respect to each such contract, the report
shall (1) state whether the contract was made and is operat-
ing, 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 compliance
issue a personal certification of such compliance by the Sec-
retary of Housing and Urban Development.
(c) ACTIONS.—For each contract that is described in
the report under subsection (b) as not made or not operating
in full compliance with applicable laws and regulations,
the Secretary of Housing and Urban Development shall
promptly take any actions available under law or regula-
tion 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.
SEC. 624. AMENDMENTS TO PUBLIC AND ASSISTED HOUS-
ING DRUG ELIMINATION ACT OF 1990.
(a) SHORT TITLE, PURPOSES, AND AUTHORITY TO
MAKE GRANTS.—Chapter 2 of subtitle C of title V of the
299
Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is
amended by striking the chapter heading and all that fol-
lows through section 5123 and inserting the following:
‘‘CHAPTER 2—COMMUNITY PARTNERSHIPS
AGAINST CRIME
‘‘SEC. 5121. SHORT TITLE.
‘‘This chapter may be cited as the ‘Community Part-
nerships Against Crime Act of 1997’.
‘‘SEC. 5122. PURPOSES.
‘‘The purposes of this chapter are to—
‘‘(1) improve the quality of life for the vast ma-
jority of law-abiding public housing residents by re-
ducing the levels of fear, violence, and crime in their
communities;
‘‘(2) broaden the scope of the Public and Assisted
Housing Drug Elimination Act of 1990 to apply to
all types of crime, and not simply crime that is drug-
related; and
‘‘(3) reduce crime and disorder in and around
public housing through the expansion of community-
oriented policing activities and problem solving.
‘‘SEC. 5123. AUTHORITY TO MAKE GRANTS.
‘‘The Secretary of Housing and Urban Development
may make grants in accordance with the provisions of this
chapter for use in eliminating crime in and around public
300
housing and other federally assisted low-income housing
projects to (1) public housing agencies, and (2) private, for-
profit and nonprofit owners of federally assisted low-income
housing.’’.
(b) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Section 5124(a) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11903(a)) is
amended—
(A) in the matter preceding paragraph (1),
by inserting ‘‘and around’’ after ‘‘used in’’;
(B) in paragraph (3), by inserting before
the semicolon the following: ‘‘, including fencing,
lighting, locking, and surveillance systems’’;
(C) in paragraph (4), by striking subpara-
graph (A) and inserting the following new sub-
paragraph:
‘‘(A) to investigate crime; and’’;
(D) in paragraph (6)—
(i) by striking ‘‘in and around public
or other federally assisted low-income hous-
ing projects’’; and
(ii) by striking ‘‘and’’ after the semi-
colon; and
(E) by striking paragraph (7) and inserting
the following new paragraphs:
301
‘‘(7) providing funding to nonprofit public hous-
ing resident management corporations and resident
councils to develop security and crime prevention pro-
grams involving site residents;
‘‘(8) the employment or utilization of one or
more individuals, including law enforcement officers,
made available by contract or other cooperative ar-
rangement with State or local law enforcement agen-
cies, to engage in community- and problem-oriented
policing involving interaction with members of the
community in proactive crime control and prevention
activities;
‘‘(9) programs and activities for or involving
youth, including training, education, recreation and
sports, career planning, and entrepreneurship and
employment activities and after school and cultural
programs; and
‘‘(10) service programs for residents that address
the contributing factors of crime, including programs
for job training, education, drug and alcohol treat-
ment, and other appropriate social services.’’.
(2) 
OTHER
PHA-OWNED
HOUSING.—Section
5124(b) of the Anti-Drug Abuse Act of 1988 (42
U.S.C. 11903(b)) is amended—
302
(A) in the matter preceding paragraph
(1)—
(i) by striking ‘‘drug-related crime in’’
and inserting ‘‘crime in and around’’; and
(ii) 
by 
striking 
‘‘paragraphs 
(1)
through (7)’’ and inserting ‘‘paragraphs (1)
through (10)’’; and
(B) in paragraph (2), by striking ‘‘drug-re-
lated’’ and inserting ‘‘criminal’’.
(c) GRANT PROCEDURES.—Section 5125 of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11904) is amended to
read as follows:
‘‘SEC. 5125. GRANT PROCEDURES.
‘‘(a) PHA’S WITH 250 OR MORE UNITS.—
‘‘(1) GRANTS.—In each fiscal year, the Secretary
shall make a grant under this chapter from any
amounts available under section 5131(b)(1) for the
fiscal year to each of the following public housing
agencies:
‘‘(A) NEW APPLICANTS.—Each public hous-
ing agency that owns or operates 250 or more
public housing dwelling units and has—
‘‘(i) submitted an application to the
Secretary for a grant for such fiscal year,
which includes a 5-year crime deterrence
303
and reduction plan under paragraph (2);
and
‘‘(ii) had such application and plan
approved by the Secretary.
‘‘(B) RENEWALS.—Each public housing
agency that owns or operates 250 or more public
housing dwelling units and for which—
‘‘(i) a grant was made under this
chapter for the preceding Federal fiscal
year;
‘‘(ii) the term of the 5-year crime de-
terrence and reduction plan applicable to
such grant includes the fiscal year for which
the grant under this subsection is to be
made; and
‘‘(iii) the Secretary has determined,
pursuant to a performance review under
paragraph (4), that during the preceding
fiscal year the agency has substantially ful-
filled the requirements under subparagraphs
(A) and (B) of paragraph (4).
Notwithstanding subparagraphs (A) and (B), the Sec-
retary may make a grant under this chapter to a
public housing agency that owns or operates 250 or
more public housing dwelling units only if the agency
304
includes in the application for the grant information
that demonstrates, to the satisfaction of the Secretary,
that the agency has a need for the grant amounts
based on generally recognized crime statistics showing
that (I) the crime rate for the public housing develop-
ments of the agency (or the immediate neighborhoods
in which such developments are located) is higher
than the crime rate for the jurisdiction in which the
agency operates, (II) the crime rate for the develop-
ments (or such neighborhoods) is increasing over a pe-
riod of sufficient duration to indicate a general trend,
or (III) the operation of the program under this chap-
ter substantially contributes to the reduction of crime.
‘‘(2) 5-YEAR CRIME DETERRENCE AND REDUC-
TION PLAN.—Each application for a grant under this
subsection shall contain a 5-year crime deterrence
and reduction plan. The plan shall be developed with
the participation of residents and appropriate law
enforcement officials. The plan shall describe, for the
public housing agency submitting the plan—
‘‘(A) the nature of the crime problem in
public housing owned or operated by the public
housing agency;
‘‘(B) the building or buildings of the public
housing agency affected by the crime problem;
305
‘‘(C) the impact of the crime problem on
residents of such building or buildings; and
‘‘(D) the actions to be taken during the term
of the plan to reduce and deter such crime, which
shall include actions involving residents, law en-
forcement, and service providers.
The term of a plan shall be the period consisting of
5 consecutive fiscal years, which begins with the first
fiscal year for which funding under this chapter is
provided to carry out the plan.
‘‘(3) AMOUNT.—In any fiscal year, the amount
of the grant for a public housing agency receiving a
grant pursuant to paragraph (1) shall be the amount
that bears the same ratio to the total amount made
available under section 5131(b)(1) as the total num-
ber of public dwelling units owned or operated by
such agency bears to the total number of dwelling
units owned or operated by all public housing agen-
cies that own or operate 250 or more public housing
dwelling units that are approved for such fiscal year.
‘‘(4) PERFORMANCE
REVIEW.—For each fiscal
year, the Secretary shall conduct a performance re-
view of the activities carried out by each public hous-
ing agency receiving a grant pursuant to this sub-
section to determine whether the agency—
306
‘‘(A) has carried out such activities in a
timely manner and in accordance with its 5-
year crime deterrence and reduction plan; and
‘‘(B) has a continuing capacity to carry out
such plan in a timely manner.
‘‘(5) SUBMISSION OF APPLICATIONS.—The Sec-
retary shall establish such deadlines and requirements
for submission of applications under this subsection.
‘‘(6) REVIEW
AND
DETERMINATION.—The Sec-
retary shall review each application submitted under
this subsection upon submission and shall approve the
application unless the application and the 5-year
crime deterrence and reduction plan are inconsistent
with the purposes of this chapter or any requirements
established by the Secretary or the information in the
application or plan is not substantially complete.
Upon approving or determining not to approve an
application and plan submitted under this subsection,
the Secretary shall notify the public housing agency
submitting the application and plan of such approval
or disapproval.
‘‘(7) DISAPPROVAL
OF
APPLICATIONS.—If the
Secretary notifies an agency that the application and
plan of the agency is not approved, not later than the
expiration of the 15-day period beginning upon such
307
notice of disapproval, the Secretary shall also notify
the agency, in writing, of the reasons for the dis-
approval, the actions that the agency could take to
comply with the criteria for approval, and the dead-
lines for such actions.
‘‘(8) FAILURE TO APPROVE OR DISAPPROVE.—If
the Secretary fails to notify an agency of approval or
disapproval of an application and plan submitted
under this subsection before the expiration of the 60-
day period beginning upon the submission of the plan
or fails to provide notice under paragraph (7) within
the 15-day period under such paragraph to an agency
whose application has been disapproved, the applica-
tion and plan shall be considered to have been ap-
proved for purposes of this section.
‘‘(b) PHA’S WITH FEWER THAN 250 UNITS AND OWN-
ERS OF FEDERALLY ASSISTED LOW-INCOME HOUSING.—
‘‘(1) APPLICATIONS AND PLANS.—To be eligible
to receive a grant under this chapter, a public hous-
ing agency that owns or operates fewer than 250 pub-
lic housing dwelling units or an owner of federally as-
sisted low-income housing shall submit an application
to the Secretary at such time, in such manner, and
accompanied by such additional information as the
Secretary may require. The application shall include
322
such information to the public housing agency or
other owner of the federally assisted housing.
(3) DELAYED
EFFECTIVE
DATE
FOR
OWNERS
OTHER THAN PHA’S.—The provisions of paragraphs
(1) and (2) authorizing obtaining information for
owners of federally assisted housing other than public
housing agencies shall not take effect before—
(A) the expiration of the 1-year period be-
ginning on the date of enactment of this Act; and
(B) the Secretary and the Attorney General
of the United States have determined that access
to such information is feasible for such owners
and have provided for the terms of release of such
information to owners.
(4) 
EXCEPTION.—The 
information 
provided
under paragraphs (1), (2), and (3) shall include in-
formation regarding any criminal conviction of a ju-
venile only to the extent that the release of such infor-
mation is authorized under the law of the applicable
State, tribe, or locality.
(b) CONFIDENTIALITY.—A public housing agency or
owner receiving information under this section may use
such information only for the purposes provided in this sec-
tion and such information may not be disclosed to any per-
son who is not an officer, employee, or authorized represent-