Title 42 — The Public Health and WelfareRelease 119-73
§11907 Monitoring
Title 42 › Chapter CHAPTER 124— - PUBLIC HOUSING DRUG ELIMINATION › Subchapter SUBCHAPTER I— - PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION › § 11907
Summary
The Secretary must audit and monitor the programs paid for under this subchapter to make sure the help is given according to the rules. Grant money cannot be used to pay or reimburse local police or local governments for services they are already required to provide under a local cooperation agreement (section 1437c(e)(2)) or under annual contributions contracts for payments in lieu of taxation (section 1437d(d)). Each public housing agency that gets these grants must describe that baseline of services in its report under section 11906(a). To enforce this, the Secretary can use on-site checks, independent audits, written certifications from local law enforcement or government officials, and agreements with the Attorney General to verify and ensure compliance.
Full Legal Text
Title 42, §11907
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Secretary shall audit and monitor the programs funded under this subchapter to ensure that assistance provided under this subchapter is administered in accordance with the provisions of this subchapter.
(b)(1)Amounts provided under this subchapter may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperation agreement under section 1437c(e)(2) of this title or any provision of an annual contributions contract for payments in lieu of taxation pursuant to section 1437d(d) of this title.
(2)Each public housing agency that receives grant amounts under this subchapter shall describe, in the report under section 11906(a) of this title, such baseline of services for the unit of general local government in which the jurisdiction of the agency is located.
(c)The Secretary shall provide for the effective enforcement of this section, which may include the use of on-site monitoring, independent public audit requirements, certification by local law enforcement or local government officials regarding the performance of baseline services referred to in subsection (b), and entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this subchapter.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 11907, Pub. L. 100–690, title V, § 5128, Nov. 18, 1988, 102 Stat. 4303; Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4248, related to provision of periodic reports by grantees, prior to repeal by Pub. L. 105–276, title V, §§ 503, 586(g), Oct. 21, 1998, 112 Stat. 2521, 2649, effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement the repeal before such date, except to extent otherwise provided, and with
Savings Provision
.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an
Effective Date
of 1998 Amendment note under section 1437 of this title. Review of Drug Elimination Program Contracts Pub. L. 105–276, title V, § 587, Oct. 21, 1998, 112 Stat. 2650, provided that: “(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
Regulations
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; and “(4) to evaluate the effectiveness of the contracts. “(b) Report.—Not later than 180 days after the date of the enactment of this Act [Oct. 21, 1998], 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 operating, or was not made or is not operating, in full compliance with applicable laws and
Regulations
, and (2) for each contract that the Secretary determines is in such compliance issue a certification of such compliance by the Secretary 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 regulation 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 [Oct. 21, 1998].”
Reference
Citations & Metadata
Citation
42 U.S.C. § 11907
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73