Page:United States Statutes at Large Volume 102 Part 5.djvu/294

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4300

PUBLIC LAW 100-690—NOV. 18, 1988

Subtitle C—Preventing Drug Abuse in Public Housing CHAPTER 1—REGULATORY AND ENFORCEMENT PROVISIONS SEC. 5101. TERMINATION OF TENANCY IN PUBLIC HOUSING.

Section 6(1) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended— (1) by striking "and" at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting "; and; and (3) by adding at the end the following: "(5) provide that a public housing tenant, any member of the tenant s household, or a guest or other person under the tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near public housing premises, while the tenant is a tenant in public housing, and such criminal activity shall be cause for termination of tenancy. For purposes of paragraph (5), the term 'drug-related criminal activity' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).". SEC. 5102. STUDY OF PUBLIC HOUSING SECURITY ACTIVITIES.

(a) IN GENERAL.—The Secretary of Housing and Urban Development shall conduct a study of the extent to which security activities in public housing projects are funded under the performance funding system established under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g). (b) SPECIFIC REQUIREMENTS.—The study shall include an analysis of— (1) the extent to which the performance funding system currently takes into account, and should take into account, costs associated with maintaining security, including the hiring of security personnel, investigators, and security liaisons with local law enforcement agencies; (2) the extent to which public housing agencies have been compelled to shift funds from tenant services, building maintenance, or other eligible activities to security activities; and (3) an estimate of the per unit additional cost necessary to enable all public housing agencies to provide adequate security. (c) REPORT.—Not later than 6 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit to the Congress a report setting forth the findings and recommendations of the Secretary as a result of the study conducted under this section. 42 USC 1437d note.

SEC. 5103. REPORT ON IMPACT OF PUBLIC HOUSING LEASE AND GRIEVANCE REGULATION ON ABILITY OF PUBLIC HOUSING AGENCIES TO TAKE ACTION AGAINST TENANTS ENGAGING IN DRUG CRIMES.

The Secretary of Housing and Urban Development shall submit to the Congress a report on the impact of the implementation of the public housing tenancy and administrative grievance procedure