PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4247 ises of the housing administered or owned by the applicant for which the application is being submitted. "(b) CRITERIA.— Except as provided by subsections (c) and (d) the Secretary shall approve applications under this chapter based exclusively on— "(1) the extent of the drug-related crime problem in the public or federally assisted low-income housing project or projects proposed for assistance; "(2) the quality of the plan to address the crime problem in the public or federally assisted low-income housing project or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; "(3) the capability of the applicant to carry out the plan; and "(4) the extent to which tenants, the local government and the local community support and participate in the design and implementation of the activities proposed to be funded under the application. "(c) FEDERALLY ASSISTED LOW-INCOME HOUSING. —In addition to the selection criteria specified in subsection (b), the Secretary may establish other criteria for the evaluation of applications submitted by owners of federally assisted low-income housing, except that such additional criteria shall be designed only to reflect— "(1) relevant differences between the financial resources and other characteristics of public housing authorities and owners of federally assisted low-income housing, or "(2) relevant differences between the problem of drug-related crime in public housing and the problem of drug-related crime in federally assisted low-income housing. "(d) HIGH INTENSITY DRUG TRAFFICKING AREAS. —In evaluating the extent of the drug-related crime problem pursuant to subsection (b), the Secretary may consider whether housing projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 1005 of the Anti-Drug Abuse Act of 1988. "SEC. 5126. DEFINITIONS. 42 USC 11905. "For the purposes of this chapter: "(1) CONTROLLED SUBSTANCE. — The term 'controlled substance' has the meaning given such term in section 102 of the Controlled Substance Act (21 U.S.C. 802). "(2) DRUG-RELATED CRIME.— The term 'drug-related crime' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. "(3) SECRETARY.— The term 'Secretary' means the Secretary of Housing and Urban Development. "(4) FEDERALLY ASSISTED LOW-INCOME HOUSING.—The term 'federally assisted low-income housing' means housing assisted under— "(A) section 221(d)(3), section 221(d)(4), or 236 of the National Housing Act; "(B) section 101 of the Housing and Urban Development Act of 1965; or "(C) section 8 of the United States Housing Act of 1937.
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