US (United States) Code. Title 42. Chapter 119: Homeless assistance

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 119 - HOMELESS ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

-HEAD-

CHAPTER 119 - HOMELESS ASSISTANCE

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

11301. Findings and purpose.

(a) Findings.

(b) Purpose.

11302. General definition of homeless individual.

(a) In general.

(b) Income eligibility.

(c) Exclusion.

11303. Funding availability and limitations.

(a) Calculation.

(b) Availability until expended.

(c) Limitation.

11304. Evaluation by Comptroller General.

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

11311. Establishment.

11312. Membership.

(a) Members.

(b) Chairperson.

(c) Meetings.

(d) Prohibition of additional pay.

11313. Functions.

(a) Duties.

(b) Authority.

(c) Reports.

(d) Notification of other Federal agencies.

(e) Program timetables.

11314. Director and staff.

(a) Director.

(b) Additional personnel.

(c) Details from other agencies.

(d) Administrative support.

(e) Experts and consultants.

11315. Powers.

(a) Meetings.

(b) Delegation.

(c) Information.

(d) Donations.

(e) Mails.

11316. Transfer of functions.

(a) Transfers from HHS Task Force.

(b) Termination of HHS Task Force.

11317. Definitions.

11318. Authorization of appropriations.

11319. Termination.

11320. Encouragement of State involvement.

(a) State contact persons.

(b) State interagency councils and lead

agencies.

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

PART A - ADMINISTRATIVE PROVISIONS

11331. Emergency Food and Shelter Program National Board.

(a) Establishment.

(b) Members.

(c) Chairperson.

(d) Other activities.

(e) Transfers from previous national board.

11332. Local boards.

(a) Establishment.

(b) Responsibilities.

11333. Role of Federal Emergency Management Agency.

(a) In general.

(b) Specific support activities.

11334. Records and audit of National Board and recipients

of assistance.

(a) Annual independent audit of National Board.

(b) Access to records of recipients of

assistance.

(c) Authority of Comptroller General.

11335. Annual report.

PART B - EMERGENCY FOOD AND SHELTER GRANTS

11341. Grants by Director.

11342. Retention of interest earned.

11343. Purposes of grants.

(a) Eligible activities.

(b) Limitations on activities.

11344. Limitation on certain costs.

11345. Disbursement of funds.

11346. Program guidelines.

(a) Guidelines.

(b) Publication.

PART C - GENERAL PROVISIONS

11351. Definitions.

11352. Authorization of appropriations.

SUBCHAPTER IV - HOUSING ASSISTANCE

PART A - COMPREHENSIVE HOMELESS ASSISTANCE PLAN

11361. Housing affordability strategy.

11362. Discharge coordination policy.

PART B - EMERGENCY SHELTER GRANTS PROGRAM

11371. Definitions.

11372. Grant assistance.

11373. Allocation and distribution of assistance.

(a) In general.

(b) Minimum allocation requirement.

(c) Distributions to nonprofit organizations.

(d) Reallocation of funds.

(e) Allocations to territories.

11374. Eligible activities.

(a) In general.

(b) Waiver authority.

11375. Responsibilities of recipients.

(a) Matching amounts.

(b) Administration of assistance.

(c) Certifications on use of assistance.

(d) Participation of homeless individuals.

(e) Termination of assistance.

11376. Administrative provisions.

(a) Regulations.

(b) Initial allocation of assistance.

(c) Minimum standards of habitability.

11377. Authorization of appropriations.

11378. Administrative costs.

PART C - SUPPORTIVE HOUSING PROGRAM

11381. Purpose.

11382. Definitions.

11383. Eligible activities.

(a) In general.

(b) Use restrictions.

(c) Repayment of assistance and prevention of

undue benefits.

11384. Supportive housing.

(a) In general.

(b) Transitional housing.

(c) Permanent housing for homeless persons with

disabilities.

(d) Single room occupancy dwellings.

11385. Supportive services.

(a) In general.

(b) Requirements.

(c) Services.

(d) Provision of services.

(e) Coordination with Secretary of Health and

Human Services.

11386. Program requirements.

(a) Applications.

(b) Selection criteria.

(c) Required agreements.

(d) Occupancy charge.

(e) Matching funding.

(f) Flood protection standards.

(g) Participation of homeless individuals.

(h) Limitation on use of funds.

(i) Limitation on administrative expenses.

(j) Termination of assistance.

11387. Regulations.

11388. Reports to Congress.

11389. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Set-asides.

(c) Reallocations.

PART D - SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM

11391. Establishment of demonstration.

(a) In general.

(b) Purposes.

11392. Definitions.

11393. Program assistance.

(a) In general.

(b) Matching funding.

11394. Program requirements.

(a) Applications.

(b) Site control.

(c) Selection criteria.

(d) Required agreements.

11395. Occupancy charge.

11396. Termination of assistance.

11397. Evaluation and report.

11398. Regulations.

(a) In general.

(b) Consultation.

(c) Eligibility for SSI and medicaid.

11399. Authorization of appropriations.

PART E - MISCELLANEOUS PROVISIONS

11401. Section 1437f assistance for single room occupancy

dwellings.

(a) Increase in budget authority.

(b) Use of funds.

(c) Allocation.

(d) Fire and safety improvements.

(e) Cost limitation.

(f) Contract requirements.

(g) Repealed.

(h) Participation of homeless individuals.

(i) Termination of assistance.

(j) Definitions.

11402. Environmental review.

PART F - SHELTER PLUS CARE PROGRAM

SUBPART I - GENERAL REQUIREMENTS

11403. Purpose.

11403a. Rental housing assistance.

(a) In general.

(b) Funding limitations.

11403b. Supportive services requirements.

(a) Matching funding.

(b) Recapture.

11403c. Applications.

(a) In general.

(b) Minimum contents.

11403d. Selection criteria.

(a) In general.

(b) Funding limitation.

(c) Participation of homeless individuals.

11403e. Required agreements.

11403e-1. Housing standards and rent reasonableness.

(a) Standards required.

(b) Prohibition.

11403e-2. Tenant rent.

11403e-3. Administrative fees.

11403e-4. Occupancy.

(a) Occupancy agreement.

(b) Vacancy payments.

11403f. Termination of assistance.

(a) Authority.

(b) Procedure.

11403g. Definitions.

11403h. Authorization of appropriations.

(a) In general.

(b) Availability.

SUBPART II - TENANT-BASED RENTAL ASSISTANCE

11404. Authority.

11404a. Housing assistance.

11404b. Amount of assistance.

11404c to 11404e. Transferred.

SUBPART III - PROJECT-BASED RENTAL ASSISTANCE

11405. Authority.

11405a. Housing assistance.

11405b. Term of contract and amount of assistance.

(a) Term of contract.

(b) Amount of assistance.

SUBPART IV - SPONSOR-BASED RENTAL ASSISTANCE

11406. Authority.

11406a. Housing assistance.

11406b. Term of contract and amount of assistance.

(a) Term of contract.

(b) Amount of assistance.

SUBPART V - SECTION 1437F MODERATE REHABILITATION ASSISTANCE FOR

SINGLE-ROOM OCCUPANCY DWELLINGS

11407. Authority.

11407a. Fire and safety improvements.

11407b. Contract requirements.

PART G - RURAL HOMELESS HOUSING ASSISTANCE

11408. Rural homelessness grant program.

(a) Establishment.

(b) Use of funds.

(c) Award of grants.

(d) Application.

(e) Eligible organizations.

(f) Federal share.

(g) Participation of homeless individuals.

(h) Evaluation.

(i) Technical assistance.

(j) Termination of assistance.

(k) Definitions.

(l) Authorization of appropriations.

11408a. Use of FMHA inventory for transitional housing for

homeless persons and for turnkey housing.

(a) In general.

(b) Priority.

(c) Transitional housing.

(d) Lease procedures.

(e) Purchase procedures.

(f) Employment of homeless individuals.

(g) Participation of homeless individuals.

(h) Budget compliance.

SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

11411. Use of unutilized and underutilized public

buildings and real property to assist the

homeless.

(a) Identification of suitable property.

(b) Availability of property.

(c) Publication of properties.

(d) Holding period.

(e) Application for property.

(f) Making property available to representatives

of homeless.

(g) Records.

(h) Applicability to property under base closure

process.

(i) Definitions.

11412. Making surplus personal property available to

nonprofit agencies.

(a) Omitted.

(b) Requirement for notification.

(c) Costs.

SUBCHAPTER VI - EDUCATION AND TRAINING

PART A - ADULT EDUCATION FOR HOMELESS

11421. Repealed.

PART B - EDUCATION FOR HOMELESS CHILDREN AND YOUTHS

11431. Statement of policy.

11432. Grants for State and local activities for the

education of homeless children and youths.

(a) General authority.

(b) Application.

(c) Allocation and reservations.

(d) Activities.

(e) State and local subgrants.

(f) Functions of the Office of Coordinator.

(g) State plan.

11433. Local educational agency subgrants for the

education of homeless children and youths.

(a) General authority.

(b) Application.

(c) Awards.

(d) Authorized activities.

11434. Secretarial responsibilities.

(a) Review of State plans.

(b) Technical assistance.

(c) Notice.

(d) Evaluation and dissemination.

(e) Submission and distribution.

(f) Determination by Secretary.

(g) Guidelines.

(h) Information.

(i) Report.

11434a. Definitions.

11435. Authorization of appropriations.

PART C - JOB TRAINING FOR HOMELESS

11441 to

11450. Repealed.

PART D - EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM

11461 to

11466. Repealed.

PART E - MISCELLANEOUS PROVISIONS

11471,

11472. Repealed.

PART F - FAMILY SUPPORT CENTERS

11481 to

11489. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1437bbb-5, 12705, 12706

of this title; title 14 section 685; title 16 section 470w-7; title

20 sections 6311, 6312; title 26 section 42; title 35 section 2.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 11301 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 11301. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) the Nation faces an immediate and unprecedented crisis due

to the lack of shelter for a growing number of individuals and

families, including elderly persons, handicapped persons,

families with children, Native Americans, and veterans;

(2) the problem of homelessness has become more severe and, in

the absence of more effective efforts, is expected to become

dramatically worse, endangering the lives and safety of the

homeless;

(3) the causes of homelessness are many and complex, and

homeless individuals have diverse needs;

(4) there is no single, simple solution to the problem of

homelessness because of the different subpopulations of the

homeless, the different causes of and reasons for homelessness,

and the different needs of homeless individuals;

(5) due to the record increase in homelessness, States, units

of local government, and private voluntary organizations have

been unable to meet the basic human needs of all the homeless

and, in the absence of greater Federal assistance, will be unable

to protect the lives and safety of all the homeless in need of

assistance; and

(6) the Federal Government has a clear responsibility and an

existing capacity to fulfill a more effective and responsible

role to meet the basic human needs and to engender respect for

the human dignity of the homeless.

(b) Purpose

It is the purpose of this chapter -

(1) to establish an Interagency Council on the Homeless;

(2) to use public resources and programs in a more coordinated

manner to meet the critically urgent needs of the homeless of the

Nation; and

(3) to provide funds for programs to assist the homeless, with

special emphasis on elderly persons, handicapped persons,

families with children, Native Americans, and veterans.

-SOURCE-

(Pub. L. 100-77, title I, Sec. 102, July 22, 1987, 101 Stat. 484.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482,

as amended, known as the McKinney-Vento Homeless Assistance Act.

For complete classification of this Act to the Code, see Short

Title note set out below and Tables.

-MISC1-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-110, title X, Sec. 1031, Jan. 8, 2002, 115 Stat.

1989, provided that: "This part [part C (Secs. 1031-1034) of title

X of Pub. L. 107-110, enacting sections 11431 to 11435 of this

title and provisions set out as a note below and amending

provisions set out as a note below] may be cited as the

'McKinney-Vento Homeless Education Assistance Improvements Act of

2001'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-421, Sec. 1, Oct. 25, 1994, 108 Stat. 4346, provided

that: "This Act [amending section 11411 of this title and enacting

and amending provisions set out as notes under section 2687 of

Title 10, Armed Forces] may cited as the 'Base Closure Community

Redevelopment and Homeless Assistance Act of 1994'."

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-120, Sec. 1, Oct. 27, 1993, 107 Stat. 1144, provided

that: "This Act [amending sections 1490o and 12724 of this title

and sections 1701z-11, 1721, and 1735f-9 of Title 12, Banks and

Banking, enacting provisions set out as notes under this section

and sections 1437f, 1490o, and 9816 of this title, and amending a

provision set out as a note under section 1437f of this title] may

be cited as the 'HUD Demonstration Act of 1993'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-550, title XIV, Sec. 1401, Oct. 28, 1992, 106 Stat.

4012, provided that: "This title [enacting sections 11381 to 11389,

11391 to 11399, 11403e-4, 11404, 11405 to 11405b, 11406 to 11406b,

11407 to 11407b, 11408, and 11408a of this title, transferring

sections 11404c to 11404e of this title to sections 11403e-1 to

11403e-3 of this title, respectively, amending sections 11318,

11319, 11346, 11352, 11374, 11375, 11377, 11401, 11403a, 11403c to

11403e, 11403g, 11403h, 11404a, and 11404b of this title, repealing

sections 11381 to 11388, 11391 to 11394, 11404, 11405 to 11405c,

and 11406 to 11406c of this title, enacting provisions set out as

notes preceding section 11361 and under sections 11361, 11381, and

11411 of this title, amending provisions set out as a note under

this section, and repealing provisions set out as notes under

sections 11361, 11391, and 11399 of this title] may be cited as the

'Stewart B. McKinney Homeless Housing Assistance Amendments Act of

1992'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-645, Sec. 1(a), Nov. 29, 1990, 104 Stat. 4673,

provided that: "This Act [enacting sections 5118 to 5118e, 11434a,

11465, 11466, and 11481 to 11489 of this title and section 1703a of

Title 29, Labor, amending sections 256, 290bb-2, 290cc-21 to

290cc-35, 11302, 11312, 11318, 11319, 11332, 11352, 11411, 11421,

11431 to 11435, 11443, 11449, 11450, 11463, and 11464 of this

title, enacting provisions set out as notes under this section,

sections 5118, 11332, 11411, and 11463 of this title, and section

141 of Title 13, Census, and amending provisions set out as a note

under section 290aa-3 of this title] may be cited as the 'Stewart

B. McKinney Homeless Assistance Amendments Act of 1990'."

Pub. L. 101-645, title VI, Sec. 601, Nov. 29, 1990, 104 Stat.

4734, provided that: "This title [enacting sections 5118 to 5118e,

11434a, 11465, 11466, and 11481 to 11489 of this title and section

1703a of Title 29, Labor, amending sections 11302, 11421, 11431 to

11435, 11443, 11449, 11450, 11463, and 11464 of this title, and

enacting provisions set out as notes under sections 5118 and 11463

of this title] may be cited as the 'Stewart B. McKinney Homeless

Assistance Amendments Act of 1990'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-628, Sec. 1(a), Nov. 7, 1988, 102 Stat. 3224,

provided that: "This Act [enacting sections 3544, 11320, and 11402

of this title and sections 1583, 1791 to 1791j of Title 29, Labor,

amending sections 254e, 256, 290bb-2, 290cc-21, 290cc-28, 290cc-29,

290cc-35, 290cc-36, 290dd, 290ee, 290ee-1, 503, 504, 602, 1437d,

1437f, 1437n, 1437o, 1437r, 1472, 1480, 1484 to 1486, 1490o, 3002,

3015, 3021, 3025 to 3027, 3031, 3035a, 3056e, 4013, 4121, 4822,

5302, 5304, 5306, 5318, 8103, 11304, 11313, 11318, 11319, 11352,

11361, 11373 to 11375, 11377, 11382 to 11385, 11387, 11388, 11392,

11394, 11401, 11411, 11421, 11432, 11433, 11435, 11447, 11449,

11462 to 11464, and 11501 of this title, sections 1454, 1701x,

1701z-11, 1709, 1710, 1715z-1a, 1715z-12, 1715z-20, 1717, 2805, and

2806 of Title 12, Banks and Banking, sections 1701 and 1719 of

Title 15, Commerce and Trade, and sections 49, 49a, 49b, 49d to

49j, 49l, 49l-1, 1502, 1504, 1505, 1514, 1516, 1531, and 1602 of

Title 29, enacting provisions set out as notes under this section

and sections 256, 1437d, 1437f, 1472, 11303, 11374, 11381, 11383,

11384, 11392, 11401, and 11501 of this title, sections 1710 and

1715z-1a of Title 12, section 2661 of Title 15, and section 1501 of

Title 29, and amending provisions set out as notes under sections

290aa-3, 1472, 1490m, and 4822 of this title, sections 1701z-6,

1709, 1715l, and 2802 of Title 12, and section 49 of Title 29] may

be cited as the 'Stewart B. McKinney Homeless Assistance Amendments

Act of 1988'."

SHORT TITLE

Section 101(a) of Pub. L. 100-77, as amended by Pub. L. 106-400,

Sec. 1, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 107-110, title X,

Sec. 1034(a), Jan. 8, 2002, 115 Stat. 2006; Pub. L. 107-116, title

VI, Sec. 634(a), Jan. 10, 2002, 115 Stat. 2228, provided that:

"This Act [enacting this chapter and sections 256 and 290cc-21 to

290cc-36 of this title, amending sections 254e, 290bb-1a, 290bb-2,

and 5302 of this title, sections 2012, 2014, 2020, and 2025 of

Title 7, Agriculture, sections 1205 and 1207a of Title 20,

Education, sections 1503 and 1551 of Title 29, Labor, and section

484 of former Title 40, Public Buildings, Property, and Works,

repealing section 256a of this title, enacting provisions set out

as notes under this section and section 290aa-3 of this title and

sections 2012, 2014, and 2020 of Title 7, and amending provisions

set out as notes under section 612c of Title 7 and section 1721 of

Title 29] may be cited as the 'McKinney-Vento Homeless Assistance

Act'."

[Pub. L. 107-110, title X, Sec. 1034(b), Jan. 8, 2002, 115 Stat.

2007, provided that: "The amendment made by subsection (a)

[amending section 1 of Pub. L. 106-400, which amended section

101(a) of Pub. L. 100-77 set out above] shall be deemed to be

effective on the date of enactment of Public Law 106-400."]

[Pub. L. 107-116, title VI, Sec. 634(b), Jan. 10, 2002, 115 Stat.

2228, provided that: "The amendment made by subsection (a) of this

section [which directed the amendment of section 101(a) of Pub. L.

100-77, set out above] is deemed to have taken effect immediately

after the enactment of Public Law 106-400 [which was approved Oct.

30, 2000] (114 Stat. 1675)."]

REGULATIONS

Pub. L. 100-628, title IV, Sec. 485, Nov. 7, 1988, 102 Stat.

3239, provided that: "Not later than 60 days after the date of the

enactment of this Act [Nov. 7, 1988], the Secretary of Housing and

Urban Development or other Federal entity involved shall by notice

establish such requirements as may be necessary to carry out the

amendments made by titles I through IV [see Tables for

classification] and by section 501(2)(B) [amending section 11411 of

this title]. The Secretary or other Federal entity involved shall

issue regulations based on the notice not later than 12 months

after the date of the enactment of this Act."

REFERENCES TO STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT

Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided

that: "Any reference in any law, regulation, document, paper, or

other record of the United States to the Stewart B. McKinney

Homeless Assistance Act shall be deemed to be a reference to the

'McKinney-Vento Homeless Assistance Act'."

INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION PROGRAM

Pub. L. 103-120, Sec. 2, Oct. 27, 1993, 107 Stat. 1144, as

amended by Pub. L. 104-330, title V, Sec. 506(b), Oct. 26, 1996,

110 Stat. 4045, directed Secretary of Housing and Urban

Development, through cooperative efforts in partnership with other

levels of government and the private sector, including nonprofit

organizations, foundations, and communities, to demonstrate methods

of undertaking comprehensive strategies for assisting homeless

individuals and families (including homeless individuals who have

AIDS or who are infected with HIV), through a variety of

activities, including the coordination of efforts and the filling

of gaps in available services and resources, directed Secretary to

provide comprehensive homeless demonstration grants and innovative

project funding, and provided for submission of reports and

authorization of appropriations, prior to repeal by Pub. L.

103-120, Sec. 2(g), Oct. 27, 1993, 107 Stat. 1148.

STRATEGY TO ELIMINATE UNFIT TRANSIENT FACILITIES

Pub. L. 101-625, title VIII, Sec. 825, Nov. 28, 1990, 104 Stat.

4356, as amended by Pub. L. 102-550, title XIV, Sec. 1412, Oct. 28,

1992, 106 Stat. 4039, directed Secretary of Housing and Urban

Development, not more than 9 months after Oct. 28, 1992, to

identify the States and units of general local government using

unfit transient facilities as housing for homeless families with

children and develop and publish in the Federal Register a strategy

to eliminate such use by July 1, 1994, and in developing such

strategy, to consult with the Secretary of the Department of Health

and Human Services, the Administrator of the Federal Emergency

Management Agency, other appropriate Federal officials, appropriate

States and units of general local government, major organizations

representing homeless persons and other experts.

REPORT ON EFFECT OF RENT CONTROL ON HOMELESSNESS

Pub. L. 100-628, title IV, Sec. 483, Nov. 7, 1988, 102 Stat.

3238, directed Secretary of Housing and Urban Development, within

12 months after Nov. 7, 1988, to submit to Congress a report

evaluating the impact of local housing rent controls and

regulations on rate of homelessness, and on the development,

supply, availability, and affordability of housing, in major cities

in the United States, with report to include additional specified

information.

REQUIREMENT OF CERTAIN STUDY WITH RESPECT TO HOMELESSNESS

Section 603 of Pub. L. 100-77 directed Secretary of Health and

Human Services, not later than 18 months after July 22, 1987, to

complete a study with respect to determining extent to which mental

health deinstitutionalization policies of States are contributing

to problem of homelessness, and submit to Congress the findings

made as a result of such study, including any recommendations with

respect to administrative and legislative initiatives that could

reduce the number of chronically mentally ill individuals who are

homeless.

-End-

-CITE-

42 USC Sec. 11302 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 11302. General definition of homeless individual

-STATUTE-

(a) In general

For purposes of this chapter, the term "homeless" or "homeless

individual or homeless person" (!1) includes -

(1) an individual who lacks a fixed, regular, and adequate

nighttime residence; and

(2) an individual who has a primary nighttime residence that is

-

(A) a supervised publicly or privately operated shelter

designed to provide temporary living accommodations (including

welfare hotels, congregate shelters, and transitional housing

for the mentally ill);

(B) an institution that provides a temporary residence for

individuals intended to be institutionalized; or

(C) a public or private place not designed for, or ordinarily

used as, a regular sleeping accommodation for human beings.

(b) Income eligibility

(1) In general

A homeless individual shall be eligible for assistance under

any program provided by this chapter, only if the individual

complies with the income eligibility requirements otherwise

applicable to such program.

(2) Exception

Notwithstanding paragraph (1), a homeless individual shall be

eligible for assistance under title I of the Workforce Investment

Act of 1998 [29 U.S.C. 2801 et seq.].

(c) Exclusion

For purposes of this chapter, the term "homeless" or "homeless

individual" does not include any individual imprisoned or otherwise

detained pursuant to an Act of the Congress or a State law.

-SOURCE-

(Pub. L. 100-77, title I, Sec. 103, July 22, 1987, 101 Stat. 485;

Pub. L. 101-625, title VIII, Sec. 822, Nov. 28, 1990, 104 Stat.

4355; Pub. L. 101-645, title VI, Sec. 602, Nov. 29, 1990, 104 Stat.

4734; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

405(d)(41), (f)(32)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-427,

2681-434.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended, known as the McKinney-Vento Homeless Assistance Act. For

complete classification of this Act to the Code, see Short Title

note set out under section 11301 of this title and Tables.

The Workforce Investment Act of 1998, referred to in subsec.

(b)(2), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(32)], struck out "the Job Training Partnership Act or"

after "assistance under".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(41)],

substituted "the Job Training Partnership Act or title I of the

Workforce Investment Act of 1998" for "the Job Training Partnership

Act".

1990 - Subsec. (a). Pub. L. 101-625 inserted "or homeless person"

after "homeless individual" in introductory provisions.

Subsec. (b). Pub. L. 101-645 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows: "A homeless individual

shall be eligible for assistance under any program provided by this

chapter, or by the amendments made by this Act, only if the

individual complies with the income eligibility requirements

otherwise applicable to such program."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(41)] of Pub.

L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)

[title VIII, Sec. 405(f)(32)] of Pub. L. 105-277 effective July 1,

2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of

Pub. L. 105-277, set out as a note under section 3502 of Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1486, 11362, 11403c,

11434a, 12899f of this title; title 12 sections 1441a, 1821; title

26 section 42; title 29 section 2801; title 38 section 2002.

-FOOTNOTE-

(!1) So in original. Probably should be " 'homeless individual' or

'homeless person' ".

-End-

-CITE-

42 USC Sec. 11303 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 11303. Funding availability and limitations

-STATUTE-

(a) Calculation

The amounts authorized in this chapter shall be in addition to

any amount appropriated for the programs involved before July 22,

1987.

(b) Availability until expended

Any amount appropriated under an authorization in this chapter

shall remain available until expended.

(c) Limitation

Appropriations pursuant to the authorizations in this chapter

shall be made in accordance with the provisions of the

Congressional Budget and Impoundment Control Act of 1974, which

prohibits the consideration of any bill that would cause the

deficit to exceed the levels established by the Balanced Budget and

Emergency Deficit Control Act of 1985, such that it shall not

increase the deficit of the Federal Government for fiscal year

1987.

-SOURCE-

(Pub. L. 100-77, title I, Sec. 104, July 22, 1987, 101 Stat. 485.)

-REFTEXT-

REFERENCES IN TEXT

The Congressional Budget and Impoundment Control Act of 1974,

referred to in subsec. (c), is Pub. L. 93-344, July 12, 1974, 88

Stat. 297, as amended. For complete classification of this Act to

the Code, see Short Title note set out under section 621 of Title

2, The Congress, and Tables.

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (c), is title II of Pub. L. 99-177, Dec. 12,

1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900

et seq.) and sections 654 to 656 of Title 2, amended section 911 of

this title, sections 602, 622, 631 to 642, and 651 to 653 of Title

2, and sections 1104 to 1106, and 1109 of Title 31, Money and

Finance, repealed section 661 of Title 2, enacted provisions set

out as notes under section 911 of this title and section 900 of

Title 2, and amended provisions set out as a note under section 621

of Title 2. For complete classification of this Act to the Code,

see Short Title note set out under section 900 of Title 2 and

Tables.

-MISC1-

BUDGET COMPLIANCE

Pub. L. 100-628, title I, Sec. 101, Nov. 7, 1988, 102 Stat. 3227,

provided that:

"(a) In General. - This Act and the amendments made by this Act

[see Short Title of 1988 Amendment note set out under section 11301

of this title] may not be construed to provide for new budget

authority, budget outlays, or new entitlement authority, for fiscal

year 1989 or 1990 in excess of the appropriate aggregate levels

established by the concurrent resolution on the budget for such

fiscal year for the programs authorized by this Act and the

amendments made by this Act.

"(b) Definitions. - For purposes of this section, the terms

'budget authority', 'budget outlays', 'concurrent resolution on the

budget', and 'entitlement authority' have the meanings given such

terms in section 3 of the Congressional Budget Act of 1974 (2

U.S.C. 622)."

-End-

-CITE-

42 USC Sec. 11304 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 11304. Evaluation by Comptroller General

-STATUTE-

The Comptroller General of the United States may evaluate the

disbursement and use of the amounts made available by appropriation

Acts under the authorizations in subchapters III and IV of this

chapter.

-SOURCE-

(Pub. L. 100-77, title I, Sec. 105, July 22, 1987, 101 Stat. 486;

Pub. L. 100-628, title I, Sec. 102(a), (b)(1), Nov. 7, 1988, 102

Stat. 3227; Pub. L. 104-316, title I, Sec. 122(t), Oct. 19, 1996,

110 Stat. 3838.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-316 substituted "may" for "shall annually" and

struck out ", and submit to the Congress an annual summary of the

status of each program authorized under this chapter" before period

at end.

1988 - Pub. L. 100-628 substituted "Annual program summary" for

"Audits" in section catchline and, in text, substituted "shall

annually evaluate" for "shall evaluate" and "submit to the Congress

an annual summary of the status of each program authorized under

this chapter" for "submit a report to the Congress setting forth

the findings of such evaluation, upon the expiration of the 4-month

and 12-month periods beginning on July 22, 1987".

-End-

-CITE-

42 USC SUBCHAPTER II - INTERAGENCY COUNCIL ON THE

HOMELESS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 38 section 2066.

-End-

-CITE-

42 USC Sec. 11311 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11311. Establishment

-STATUTE-

There is established in the executive branch an independent

establishment to be known as the Interagency Council on the

Homeless.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 201, July 22, 1987, 101 Stat. 486.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290aa-5, 11317 of this

title.

-End-

-CITE-

42 USC Sec. 11312 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11312. Membership

-STATUTE-

(a) Members

The Council shall be composed of the following members:

(1) The Secretary of Agriculture, or the designee of the

Secretary.

(2) The Secretary of Commerce, or the designee of the

Secretary.

(3) The Secretary of Defense, or the designee of the Secretary.

(4) The Secretary of Education, or the designee of the

Secretary.

(5) The Secretary of Energy, or the designee of the Secretary.

(6) The Secretary of Health and Human Services, or the designee

of the Secretary.

(7) The Secretary of Housing and Urban Development, or the

designee of the Secretary.

(8) The Secretary of the Interior, or the designee of the

Secretary.

(9) The Secretary of Labor, or the designee of the Secretary.

(10) The Secretary of Transportation, or the designee of the

Secretary.

(11) The Secretary of Veterans Affairs, or the designee of the

Secretary.

(12) The Chief Executive Officer of the Corporation for

National and Community Service, or the designee of the Chief

Executive Officer.

(13) The Director of the Federal Emergency Management Agency,

or the designee of the Director.

(14) The Administrator of General Services, or the designee of

the Administrator.

(15) The Postmaster General of the United States, or the

designee of the Postmaster General.

(16) The heads of such other Federal agencies as the Council

considers appropriate, or their designees.

(b) Chairperson

The Council shall elect a Chairperson and a Vice Chairperson from

among its members. The positions of Chairperson and Vice

Chairperson shall rotate among its members on an annual basis.

(c) Meetings

The Council shall meet at the call of its Chairperson or a

majority of its members, but not less often than annually.

(d) Prohibition of additional pay

Members of the Council shall receive no additional pay,

allowances, or benefits by reason of their service on the Council.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 202, July 22, 1987, 101 Stat. 486;

Pub. L. 101-645, title I, Sec. 101, Nov. 29, 1990, 104 Stat. 4674;

Pub. L. 103-82, title IV, Sec. 405(m), Sept. 21, 1993, 107 Stat.

922; Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 231(1)], Oct.

27, 2000, 114 Stat. 1441, 1441A-31; Pub. L. 107-95, Sec. 11, Dec.

21, 2001, 115 Stat. 920.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-95 amended heading and text of

subsec. (c) generally. Prior to amendment, text read as follows:

"The Council shall meet at the call of its Chairperson or a

majority of its members. The first meeting of the Council shall be

held not later than 30 days after July 22, 1987."

2000 - Subsec. (b). Pub. L. 106-377 inserted at end "The

positions of Chairperson and Vice Chairperson shall rotate among

its members on an annual basis."

1993 - Subsec. (a)(12). Pub. L. 103-82 added par. (12) and struck

out former par. (12) which read as follows: "The Director of the

ACTION Agency, or the designee of the Director."

1990 - Subsec. (a)(11) to (15). Pub. L. 101-645 added par. (11),

redesignated former pars. (11) to (14) as (12) to (15),

respectively, and struck out former par. (15) which read as

follows: "The Administrator of Veterans' Affairs, or the designee

of the Administrator."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11314 of this title.

-End-

-CITE-

42 USC Sec. 11313 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11313. Functions

-STATUTE-

(a) Duties

The Council shall -

(1) review all Federal activities and programs to assist

homeless individuals;

(2) take such actions as may be necessary to reduce duplication

among programs and activities by Federal agencies to assist

homeless individuals;

(3) monitor, evaluate, and recommend improvements in programs

and activities to assist homeless individuals conducted by

Federal agencies, State and local governments, and private

voluntary organizations;

(4) provide professional and technical assistance (by at least

2, but in no case more than 5, regional coordinators employed by

the Council, each having responsibility for interaction and

coordination of the activities of the Council within the 10

standard Federal regions) to States, local governments, and other

public and private nonprofit organizations, in order to enable

such governments and organizations to -

(A) interpret regulations and assist in the application

process for Federal assistance, including grants;

(B) provide assistance on the ways in which Federal programs,

other than those authorized under this chapter, may best be

coordinated to complement the objectives of this chapter;

(C) develop recommendations and program ideas based on

regional specific issues in serving the homeless population;

and

(D) establish a schedule for biennial regional workshops to

be held by the Council in each of the 10 standard Federal

regions to further carry out and provide the assistance

described in subparagraphs (A), (B), and (C) and other

appropriate assistance as necessary, of which -

(i) not less than 5 such workshops shall be held by

September 30, 1989; and

(ii) at least 1 such workshop shall be held in each of the

10 Federal regions every 2 years, beginning on September 30,

1988;

(5) collect and disseminate information relating to homeless

individuals;

(6) prepare the annual reports required in subsection (c)(2) of

this section; and

(7) prepare and distribute to States (including State contact

persons), local governments, and other public and private

nonprofit organizations, a bimonthly bulletin that describes the

Federal resources available to them to assist the homeless,

including current information regarding application deadlines and

appropriate persons to contact in each Federal agency providing

the resources.

(b) Authority

In carrying out subsection (a) of this section, the Council may -

(1) arrange Federal, regional, State, and local conferences for

the purpose of developing and coordinating effective programs and

activities to assist homeless individuals; and

(2) publish a newsletter concerning Federal, State, and local

programs that are effectively meeting the needs of homeless

individuals.

(c) Reports

(1) Within 90 days after July 22, 1987, and annually thereafter,

the head of each Federal agency that is a member of the Council

shall prepare and transmit to the Congress and the Council a report

that describes -

(A) each program to assist homeless individuals administered by

such agency and the number of homeless individuals served by such

program;

(B) impediments, including any statutory and regulatory

restrictions, to the use by homeless individuals of each such

program and to obtaining services or benefits under each such

program; and

(C) efforts made by such agency to increase the opportunities

for homeless individuals to obtain shelter, food, and supportive

services.

(2) The Council shall prepare and transmit to the President and

the Congress an annual report that -

(A) assesses the nature and extent of the problems relating to

homelessness and the needs of homeless individuals;

(B) provides a comprehensive and detailed description of the

activities and accomplishments of the Federal Government in

resolving the problems and meeting the needs assessed pursuant to

subparagraph (A);

(C) describes the accomplishments and activities of the

Council, in working with Federal, State, and local agencies and

public and private organizations in order to provide assistance

to homeless individuals;

(D) assesses the level of Federal assistance necessary to

adequately resolve the problems and meet the needs assessed

pursuant to subparagraph (A); and

(E) specifies any recommendations of the Council for

appropriate and necessary legislative and administrative actions

to resolve such problems and meet such needs.

(d) Notification of other Federal agencies

If, in monitoring and evaluating programs and activities to

assist homeless individuals conducted by other Federal agencies,

the Council determines that any significant problem, abuse, or

deficiency exists in the administration of the program or activity

of any Federal agency, the Council shall submit a notice of the

determination of the Council to the Inspector General of the

Federal agency (or the head of the Federal agency, in the case of a

Federal agency that has no Inspector General).

(e) Program timetables

Not later than 90 days after November 7, 1988, the head of each

Federal agency that is a member of the Council and responsible for

administering a program under this chapter shall provide to the

Council a timetable regarding program funding availability and

application deadlines. The Council shall furnish such information

to each State (including the State contact person).

-SOURCE-

(Pub. L. 100-77, title II, Sec. 203, July 22, 1987, 101 Stat. 487;

Pub. L. 100-628, title II, Secs. 201-203, Nov. 7, 1988, 102 Stat.

3227, 3228.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(4)(B) and (e), was in

the original "this Act", meaning Pub. L. 100-77, July 22, 1987, 101

Stat. 482, known as the Stewart B. McKinney Homeless Assistance

Act. For complete classification of this Act to the Code, see Short

Title note set out under section 11301 of this title and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(4). Pub. L. 100-628, Sec. 202(1), substituted

"(by at least 2, but in no case more than 5, regional coordinators

employed by the Council, each having responsibility for interaction

and coordination of the activities of the Council within the 10

standard Federal regions)" for ", through personnel employed by the

Council in each of the 10 standard Federal regions," in

introductory provisions.

Subsec. (a)(4)(A) to (D). Pub. L. 100-628, Sec. 202(2), added

subpars. (A) to (D) and struck out former subpars. (A) and (B)

which read as follows:

"(A) effectively coordinate and maximize resources of existing

programs and activities to assist homeless individuals; and

"(B) develop new and innovative programs and activities to assist

homeless individuals;".

Subsec. (a)(7). Pub. L. 100-628, Sec. 201, added par. (7).

Subsec. (e). Pub. L. 100-628, Sec. 203, added subsec. (e).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(2) of this section relating to transmittal to Congress of

annual report, see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance,

and the 5th item on page 175 of House Document No. 103-7.

PERSONNEL FROM FEDERAL DEPARTMENTS AND AGENCIES

Pub. L. 102-389, title III, Oct. 6, 1992, 106 Stat. 1608,

provided in part: "That the Council shall carry out its duties in

the 10 standard Federal regions under section 203(a)(4) of such Act

[42 U.S.C. 11313(a)(4)] only through detail, on a non-reimbursable

basis, of employees of the departments and agencies represented on

the Council pursuant to section 202(a) of such Act [42 U.S.C.

11312(a)]." Similar provisions were contained in the following

prior appropriations acts:

Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 769.

Pub. L. 101-507, title III, Nov. 5, 1990, 104 Stat. 1377.

Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat. 861.

Pub. L. 100-404, title I, Aug. 19, 1988, 102 Stat. 1017.

NONIMPLEMENTATION OF SUBSECTION (A)(4)

Pub. L. 100-202, Sec. 101(f) [title I], Dec. 22, 1987, 101 Stat.

1329-187, 1329-191, provided: "That the provision in section

203(a)(4) of such Act [Pub. L. 100-77, 42 U.S.C. 11313(a)(4)] that

relates to employment of personnel in the regions shall not be

implemented."

-EXEC-

EX. ORD. NO. 12848. FEDERAL PLAN TO BREAK CYCLE OF HOMELESSNESS

Ex. Ord. No. 12848, May 19, 1993, 58 F.R. 29517, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including title II of

the Stewart B. McKinney Homeless Assistance Act, as amended (42

U.S.C. 11311-11320), and section 301 of title 3, United States

Code, and in order to provide for the streamlining and

strengthening of the Nation's efforts to break the cycle of

homelessness, it is hereby ordered as follows:

Section 1. Federal member agencies acting through the Interagency

Council on the Homeless, established under title II of the Stewart

B. McKinney Homeless Assistance Act [42 U.S.C. 11311 et seq.],

shall develop a single coordinated Federal plan for breaking the

cycle of existing homelessness and for preventing future

homelessness.

Sec. 2. The plan shall recommend Federal administrative and

legislative initiatives necessary to carry out the plan and shall

include a proposed schedule for implementing administrative

initiatives and transmitting any necessary legislative proposals to

the Congress. These initiatives and legislative proposals shall

identify ways to streamline and consolidate, when appropriate,

existing programs designed to assist homeless individuals and

families.

Sec. 3. The plan shall make recommendations on how current

funding programs can be redirected, if necessary, to provide links

between housing, support, and education services and to promote

coordination and cooperation among grantees, local housing and

support service providers, school districts, and advocates for

homeless individuals and families. The plan shall also provide

recommendations on ways to encourage and support creative

approaches and cost-effective, local efforts to break the cycle of

existing homelessness and prevent future homelessness, including

tying current homeless assistance programs to permanent housing

assistance, local housing affordability strategies, or employment

opportunities.

Sec. 4. To the extent practicable, the Council shall consult with

representatives of State and local governments (including education

agencies), nonprofit providers of services and housing for homeless

individuals and families, advocates for homeless individuals and

families, currently and formerly homeless individuals and families,

and other interested parties.

Sec. 5. The Council shall submit the plan to the President no

later than 9 months after the date of this order.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11320 of this title.

-End-

-CITE-

42 USC Sec. 11314 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11314. Director and staff

-STATUTE-

(a) Director

The Council shall appoint an Executive Director, who shall be

compensated at a rate not to exceed the rate of basic pay payable

for level V of the Executive Schedule under section 5316 of title

5. The Council shall appoint an Executive Director at the first

meeting of the Council held under section 11312(c) of this title.

(b) Additional personnel

With the approval of the Council, the Executive Director of the

Council may appoint and fix the compensation of such additional

personnel as the Executive Director considers necessary to carry

out the duties of the Council.

(c) Details from other agencies

Upon request of the Council, the head of any Federal agency may

detail, on a reimbursable basis, any of the personnel of such

agency to the Council to assist the Council in carrying out its

duties under this subchapter. Upon request of the Council, the

Secretary of Health and Human Services shall detail, on a

reimbursable basis, any of the personnel of the Department of

Health and Human Services who have served the Federal Task Force on

the Homeless of the Department to assist the Council in carrying

out its duties under this subchapter.

(d) Administrative support

The Secretary of Housing and Urban Development shall provide the

Council with such administrative and support services as are

necessary to ensure that the Council carries out its functions

under this subchapter in an efficient and expeditious manner.

(e) Experts and consultants

With the approval of the Council, the Executive Director of the

Council may procure temporary and intermittent services under

section 3109(b) of title 5.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 204, July 22, 1987, 101 Stat. 488.)

-End-

-CITE-

42 USC Sec. 11315 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11315. Powers

-STATUTE-

(a) Meetings

For the purpose of carrying out this subchapter, the Council may

hold such meetings, and sit and act at such times and places, as

the Council considers appropriate.

(b) Delegation

Any member or employee of the Council may, if authorized by the

Council, take any action that the Council is authorized to take in

this subchapter.

(c) Information

The Council may secure directly from any Federal agency such

information as may be necessary to enable the Council to carry out

this subchapter. Upon request of the Chairperson of the Council,

the head of such agency shall furnish such information to the

Council.

(d) Donations

The Council may accept, use, and dispose of gifts or donations of

services or property.

(e) Mails

The Council may use the United States mails in the same manner

and under the same conditions as other Federal agencies.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 205, July 22, 1987, 101 Stat. 488.)

-End-

-CITE-

42 USC Sec. 11316 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11316. Transfer of functions

-STATUTE-

(a) Transfers from HHS Task Force

The Council shall be the successor to the Federal Task Force on

the Homeless of the Department of Health and Human Services. The

property, records, and undistributed program funds of the Task

Force shall be transferred to the Council.

(b) Termination of HHS Task Force

The Secretary of Health and Human Services shall terminate the

Federal Task Force on the Homeless of the Department of Health and

Human Services as soon as practicable following the first meeting

of the Council.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 206, July 22, 1987, 101 Stat. 489.)

-End-

-CITE-

42 USC Sec. 11317 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11317. Definitions

-STATUTE-

For purposes of this subchapter:

(1) The term "Council" means the Interagency Council on the

Homeless established in section 11311 of this title.

(2) The term "Federal agency" has the meaning given the term

"agency" in section 551(1) of title 5.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 207, July 22, 1987, 101 Stat. 489.)

-End-

-CITE-

42 USC Sec. 11318 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11318. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter $1,500,000 for fiscal year 1993 and $1,563,000 for

fiscal year 1994.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 208, July 22, 1987, 101 Stat. 489;

Pub. L. 100-628, title II, Sec. 204, Nov. 7, 1988, 102 Stat. 3228;

Pub. L. 101-645, title I, Sec. 102, Nov. 29, 1990, 104 Stat. 4674;

Pub. L. 102-550, title XIV, Sec. 1421, Oct. 28, 1992, 106 Stat.

4043.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated to carry out this subchapter $1,200,000 for fiscal

year 1991 and $1,300,000 for fiscal year 1992."

1990 - Pub. L. 101-645 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated to carry out this subchapter $1,100,000 for fiscal

year 1989 and $1,200,000 for fiscal year 1990."

1988 - Pub. L. 100-628 amended section generally, substituting

"$1,100,000 for fiscal year 1989 and $1,200,000 for fiscal year

1990" for "$200,000 for fiscal year 1987 and $2,500,000 for fiscal

year 1988".

-End-

-CITE-

42 USC Sec. 11319 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11319. Termination

-STATUTE-

The Council shall cease to exist, and the requirements of this

subchapter shall terminate, on October 1, 2005.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 209, July 22, 1987, 101 Stat. 489;

Pub. L. 100-628, title II, Sec. 205, Nov. 7, 1988, 102 Stat. 3228;

Pub. L. 101-402, Sec. 2, Oct. 1, 1990, 104 Stat. 866; Pub. L.

101-645, title I, Sec. 103, Nov. 29, 1990, 104 Stat. 4675; Pub. L.

102-550, title XIV, Sec. 1422, Oct. 28, 1992, 106 Stat. 4043; Pub.

L. 106-377, Sec. 1(a)(1) [title II, Sec. 231(2)], Oct. 27, 2000,

114 Stat. 1441, 1441A-31.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-377 substituted "2005" for "1994".

1992 - Pub. L. 102-550 substituted "October 1, 1994" for "October

1, 1992".

1990 - Pub. L. 101-645 substituted "October 1, 1992" for "October

31, 1990".

Pub. L. 101-402 substituted "October 31, 1990" for "October 1,

1990".

1988 - Pub. L. 100-628 substituted "on October 1, 1990" for "upon

the expiration of the 3-year period beginning on July 22, 1987".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-402 deemed to have taken effect as if

enacted Sept. 29, 1990, see section 1(a) of Pub. L. 101-494, set

out as an Effective Date of Temporary Extension of Emergency Low

Income Housing Preservation Act of 1987 and Correction of Any

Repeal note under section 1715l of Title 12, Banks and Banking.

TEMPORARY EXTENSION OF COUNCIL

Pub. L. 101-494, Sec. 3, Oct. 31, 1990, 104 Stat. 1185, as

amended by Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675,

provided that:

"(a) Extension. - If upon enactment of this Act [Oct. 31, 1990],

section 209 of the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11319) provides for the termination of the Interagency

Council on the Homeless on October 31, 1990, then notwithstanding

such section, the Interagency Council on the Homeless shall cease

to exist, and the requirements of title II of the McKinney-Vento

Homeless Assistance Act [42 U.S.C. 11311 et seq.] shall terminate,

on November 30, 1990.

"(b) Limitations. - If upon enactment of this Act [Oct. 31, 1990]

such section 209 provides for termination of the Council (referred

to in subsection (a)) on a date other than October 31, 1990, this

section shall not apply. This section shall not apply with respect

to any amendment to section 209 of the McKinney-Vento Homeless

Assistance Act made after the date of the enactment of this Act."

-End-

-CITE-

42 USC Sec. 11320 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER II - INTERAGENCY COUNCIL ON THE HOMELESS

-HEAD-

Sec. 11320. Encouragement of State involvement

-STATUTE-

(a) State contact persons

Each State shall designate an individual to serve as a State

contact person for the purpose of receiving and disseminating

information and communications received from the Council, including

the bimonthly bulletin described in section 11313(a)(7) of this

title.

(b) State interagency councils and lead agencies

Each State is encouraged to establish a State interagency council

on the homeless or designate a lead agency for the State for the

purpose of assuming primary responsibility for coordinating and

interacting with the Council and State and local agencies as

necessary.

-SOURCE-

(Pub. L. 100-77, title II, Sec. 210, as added Pub. L. 100-628,

title II, Sec. 206(a), Nov. 7, 1988, 102 Stat. 3229.)

-End-

-CITE-

42 USC SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD

AND SHELTER PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

-HEAD-

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 11304 of this title.

-End-

-CITE-

42 USC Part A - Administrative Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part A - Administrative Provisions

-HEAD-

PART A - ADMINISTRATIVE PROVISIONS

-End-

-CITE-

42 USC Sec. 11331 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part A - Administrative Provisions

-HEAD-

Sec. 11331. Emergency Food and Shelter Program National Board

-STATUTE-

(a) Establishment

There is established to carry out the provisions of this

subchapter the Emergency Food and Shelter Program National Board.

The Director of the Federal Emergency Management Agency shall

constitute the National Board in accordance with subsection (b) of

this section in administering the program under this subchapter.

(b) Members

The National Board shall consist of the Director and 6 members

appointed by the Director. The initial members of the National

Board shall be appointed by the Director not later than 30 days

after July 22, 1987. Each such member shall be appointed from among

individuals nominated by 1 of the following organizations:

(1) The United Way of America.

(2) The Salvation Army.

(3) The National Council of Churches of Christ in the U.S.A.

(4) Catholic Charities U.S.A.

(5) The Council of Jewish Federations, Inc.

(6) The American Red Cross.

(c) Chairperson

The Director shall be the Chairperson of the National Board.

(d) Other activities

Except as otherwise specifically provided in this subchapter, the

National Board shall establish its own procedures and policies for

the conduct of its affairs.

(e) Transfers from previous national board

Upon the appointment of members to the National Board under

subsection (b) of this section -

(1) the national board constituted under the emergency food and

shelter program established pursuant to section 101(g) of Public

Law 99-500 or Public Law 99-591 shall cease to exist; and

(2) the personnel, property, records, and undistributed program

funds of such national board shall be transferred to the National

Board.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 301, July 22, 1987, 101 Stat.

489.)

-REFTEXT-

REFERENCES IN TEXT

The emergency food and shelter program established pursuant to

section 101(g) of Public Law 99-500 or Public Law 99-591, referred

to in subsec. (e)(1), means the emergency food and shelter program

authorized by title II of H.R. 5313 [Department of Housing and

Urban Development - Independent Agencies Appropriations Act, 1987],

as incorporated by reference by section 101(g) of Pub. L. 99-500,

Oct. 18, 1986, 100 Stat. 1783-242, and Pub. L. 99-591, Oct. 30,

1986, 100 Stat. 3341-242, which is not classified to the Code.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 11332 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part A - Administrative Provisions

-HEAD-

Sec. 11332. Local boards

-STATUTE-

(a) Establishment

Each locality designated by the National Board shall constitute a

local board for the purpose of determining how program funds

allotted to the locality will be distributed. The local board shall

consist, to the extent practicable, of representatives of the same

organizations as the National Board, except that the mayor or other

appropriate heads of government will replace the Federal members,

and except that each local board administering program funds for a

locality within which is located a reservation (as such term is

defined in section 1452(d) of title 25,(!1) or a portion thereof,

shall include a board member who is a member of an Indian tribe (as

such term is defined in section 5302(a)(17) of this title.(!1) The

chairperson of the local board shall be elected by a majority of

the members of the local board. Local boards are encouraged to

expand participation of other private nonprofit organizations on

the local board.

(b) Responsibilities

Each local board shall -

(1) determine which private nonprofit organizations or public

organizations of the local government in the individual locality

shall receive grants to act as service providers;

(2) monitor recipient service providers for program compliance;

(3) reallocate funds among service providers;

(4) ensure proper reporting; and

(5) coordinate with other Federal, State, and local government

assistance programs available in the locality.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 302, July 22, 1987, 101 Stat. 490;

Pub. L. 101-645, title II, Sec. 202(a), Nov. 29, 1990, 104 Stat.

4675.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-645 inserted before period at end

of second sentence ", and except that each local board

administering program funds for a locality within which is located

a reservation (as such term is defined in section 1452(d) of title

25, or a portion thereof, shall include a board member who is a

member of an Indian tribe (as such term is defined in section

5302(a)(17) of this title".

IMPLEMENTATION OF 1990 AMENDMENT

Section 202(b) of Pub. L. 101-645 provided that: "Each local

board under the Emergency Food and Shelter Program whose membership

shall include a member of an Indian tribe by reason of the

amendment made by subsection (a) [amending this section] shall

comply with the requirement made by such amendment not later than

the expiration of the 30-day period beginning on the date of the

enactment of this Act [Nov. 29, 1990]."

-FOOTNOTE-

(!1) So in original. A closing parenthesis probably should precede

the punctuation.

-End-

-CITE-

42 USC Sec. 11333 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part A - Administrative Provisions

-HEAD-

Sec. 11333. Role of Federal Emergency Management Agency

-STATUTE-

(a) In general

The Director shall provide the National Board with administrative

support and act as Federal liaison to the National Board.

(b) Specific support activities

The Director shall -

(1) make available to the National Board, upon request, the

services of the legal counsel and Inspector General of the

Federal Emergency Management Agency;

(2) assign clerical personnel to the National Board on a

temporary basis; and

(3) conduct audits of the National Board annually and at such

other times as may be appropriate.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 303, July 22, 1987, 101 Stat.

490.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 11334 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part A - Administrative Provisions

-HEAD-

Sec. 11334. Records and audit of National Board and recipients of

assistance

-STATUTE-

(a) Annual independent audit of National Board

(1) The accounts of the National Board shall be audited annually

in accordance with generally accepted auditing standards by

independent certified public accountants or independent licensed

public accountants certified or licensed by a regulatory authority

of a State or other political subdivision of the United States. The

audits shall be conducted at the place or places where the accounts

of the National Board are normally kept. All books, accounts,

financial records, reports, files, and all other papers, things, or

property belonging to or in use by the National Board and necessary

to facilitate the audits shall be made available to the person or

persons conducting the audits, and full facilities for verifying

transactions with any assets held by depositories, fiscal agents,

and custodians shall be afforded to such person or persons.

(2) The report of each such independent audit shall be included

in the annual report required in section 11335 of this title. Such

report shall set forth the scope of the audit and include such

statements as are necessary to present fairly the assets and

liabilities of the National Board, surplus or deficit, with an

analysis of the changes during the year, supplemented in reasonable

detail by a statement of the income and expenses of the National

Board during the year, and a statement of the application of funds,

together with the opinion of the independent auditor of such

statements.

(b) Access to records of recipients of assistance

(1) Each recipient of assistance under this subchapter shall keep

such records as may be reasonably necessary to fully disclose the

amount and the disposition by such recipient of the proceeds of

such assistance, the total cost of the project or undertaking in

connection with which such assistance is given or used, and the

amount and nature of that portion of the cost of the project or

undertaking supplied by other sources, and such other records as

will facilitate an effective audit.

(2) The National Board, or any of its duly authorized

representatives, shall have access for the purpose of audit and

examination to any books, documents, papers, and records of the

recipient that are pertinent to assistance received under this

subchapter.

(c) Authority of Comptroller General

The Comptroller General of the United States, or any of the duly

authorized representatives of the Comptroller General, shall also

have access to any books, documents, papers, and records of the

National Board and recipients for such purpose.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 304, July 22, 1987, 101 Stat.

491.)

-End-

-CITE-

42 USC Sec. 11335 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part A - Administrative Provisions

-HEAD-

Sec. 11335. Annual report

-STATUTE-

The National Board shall transmit to the Congress an annual

report covering each year in which it conducts activities with

funds made available under this subchapter.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 305, July 22, 1987, 101 Stat.

491.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under this section is listed in the 4th

item on page 169), see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11334 of this title.

-End-

-CITE-

42 USC Part B - Emergency Food and Shelter Grants 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

PART B - EMERGENCY FOOD AND SHELTER GRANTS

-End-

-CITE-

42 USC Sec. 11341 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

Sec. 11341. Grants by Director

-STATUTE-

Not later than 30 days following the date on which appropriations

become available to carry out this part, the Director shall award a

grant for the full amount that the Congress appropriates for the

program under this part to the National Board for the purpose of

providing emergency food and shelter to needy individuals through

private nonprofit organizations and local governments in accordance

with section 11343 of this title.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 311, July 22, 1987, 101 Stat.

492.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 11342 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

Sec. 11342. Retention of interest earned

-STATUTE-

Interest accrued on the balance of any grant to the National

Board shall be available to the National Board for reallocation,

and total administrative costs shall be determined based on total

amount of funds available, including interest and any private

contributions that are made to the National Board.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 312, July 22, 1987, 101 Stat.

492.)

-End-

-CITE-

42 USC Sec. 11343 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

Sec. 11343. Purposes of grants

-STATUTE-

(a) Eligible activities

Grants to the National Board may be used -

(1) to supplement and expand ongoing efforts to provide

shelter, food, and supportive services for homeless individuals

with sensitivity to the transition from temporary shelter to

permanent homes, and attention to the special needs of homeless

individuals with mental and physical disabilities and illnesses,

and to facilitate access for homeless individuals to other

sources of services and benefits;

(2) to strengthen efforts to create more effective and

innovative local programs by providing funding for them; and

(3) to conduct minimum rehabilitation of existing mass shelter

or mass feeding facilities, but only to the extent necessary to

make facilities safe, sanitary, and bring them into compliance

with local building codes.

(b) Limitations on activities

(1) The National Board may only provide funding provided under

this part for -

(A) programs undertaken by private nonprofit organizations and

local governments; and

(B) programs that are consistent with the purposes of this

subchapter.

(2) The National Board may not carry out programs directly.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 313, July 22, 1987, 101 Stat.

492.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11341 of this title.

-End-

-CITE-

42 USC Sec. 11344 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

Sec. 11344. Limitation on certain costs

-STATUTE-

Not more than 5 percent of the total amount appropriated for the

emergency food and shelter program for each fiscal year may be

expended for the costs of administration.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 314, July 22, 1987, 101 Stat.

492.)

-End-

-CITE-

42 USC Sec. 11345 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

Sec. 11345. Disbursement of funds

-STATUTE-

Any amount made available by appropriation Acts under this

subchapter shall be disbursed by the National Board before the

expiration of the 3-month period beginning on the date on which

such amount becomes available.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 315, July 22, 1987, 101 Stat.

492.)

-End-

-CITE-

42 USC Sec. 11346 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part B - Emergency Food and Shelter Grants

-HEAD-

Sec. 11346. Program guidelines

-STATUTE-

(a) Guidelines

The National Board shall establish written guidelines for

carrying out the program under this part, including -

(1) methods for identifying localities with the highest need

for emergency food and shelter assistance;

(2) methods for determining the amount and distribution to such

localities;

(3) eligible program costs, including maximum flexibility in

meeting currently existing needs;

(4) guidelines specifying the responsibilities and reporting

requirements of the National Board, its recipients, and service

providers;

(5) guidelines requiring each private nonprofit organization

and local government carrying out a local emergency food and

shelter program with amounts provided under this part, to the

maximum extent practicable, to involve homeless individuals and

families, through employment, volunteer services, or otherwise,

in providing emergency food and shelter and in otherwise carrying

out the local program; and

(6) guidelines requiring each private nonprofit organization

and local government carrying out a local emergency food and

shelter program with amounts provided under this part to provide

for the participation of not less than 1 homeless individual or

former homeless individual on the board of directors or other

equivalent policy making entity of the organization or

governmental agency to the extent that such entity considers and

makes policies and decisions regarding the local program of the

organization or locality; except that such guidelines may grant

waivers to applicants unable to meet such requirement if the

organization or government agrees to otherwise consult with

homeless or formerly homeless individuals in considering and

making such policies and decisions.

(b) Publication

Guidelines established under subsection (a) of this section shall

be published annually, and whenever modified, in the Federal

Register. The National Board shall not be subject to the procedural

rulemaking requirements of subchapter II of chapter 5 of title 5.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 316, July 22, 1987, 101 Stat. 493;

Pub. L. 102-550, title XIV, Sec. 1432, Oct. 28, 1992, 106 Stat.

4043.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(5), (6). Pub. L. 102-550 added pars. (5) and

(6).

-End-

-CITE-

42 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part C - General Provisions

-HEAD-

PART C - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 11351 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part C - General Provisions

-HEAD-

Sec. 11351. Definitions

-STATUTE-

For purposes of this subchapter:

(1) The term "Director" means the Director of the Federal

Emergency Management Agency.

(2) The term "emergency shelter" means a facility all or a part

of which is used or designed to be used to provide temporary

housing.

(3) The term "local government" means a unit of general purpose

local government.

(4) The term "locality" means the geographical area within the

jurisdiction of a local government.

(5) The term "National Board" means the Emergency Food and

Shelter Program National Board.

(6) The term "private nonprofit organization" means an

organization -

(A) no part of the net earnings of which inures to the

benefit of any member, founder, contributor, or individual;

(B) that has a voluntary board;

(C) that has an accounting system, or has designated a fiscal

agent in accordance with requirements established by the

Director; and

(D) that practices nondiscrimination in the provision of

assistance.

(7) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and any other territory

or possession of the United States.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 321, July 22, 1987, 101 Stat.

493.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1766 of this title.

-End-

-CITE-

42 USC Sec. 11352 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER

PROGRAM

Part C - General Provisions

-HEAD-

Sec. 11352. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter $180,000,000 for fiscal year 1993 and $187,560,000 for

fiscal year 1994.

-SOURCE-

(Pub. L. 100-77, title III, Sec. 322, July 22, 1987, 101 Stat. 493;

Pub. L. 100-628, title III, Sec. 302, Nov. 7, 1988, 102 Stat. 3229;

Pub. L. 101-645, title II, Sec. 201, Nov. 29, 1990, 104 Stat. 4675;

Pub. L. 102-550, title XIV, Sec. 1431, Oct. 28, 1992, 106 Stat.

4043.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated to carry out this subchapter $150,000,000 for each of

fiscal years 1991 and 1992."

1990 - Pub. L. 101-645 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated to carry out this subchapter $129,000,000 for fiscal

year 1989 and $134,000,000 for fiscal year 1990."

1988 - Pub. L. 100-628 amended section generally, substituting

"$129,000,000 for fiscal year 1989 and $134,000,000 for fiscal year

1990" for "$15,000,000 for fiscal year 1987 and $124,000,000 for

fiscal year 1988".

-End-

-CITE-

42 USC SUBCHAPTER IV - HOUSING ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

-HEAD-

SUBCHAPTER IV - HOUSING ASSISTANCE

-COD-

CODIFICATION

Pub. L. 101-625, title VIII, Secs. 821, 823, Nov. 28, 1990, 104

Stat. 4331, 4355, which provided for the amendment of this

subchapter generally and provided for implementation, transition,

and a prospective effective date for the amendment, was repealed by

Pub. L. 102-550, title XIV, Sec. 1410, Oct. 28, 1992, 106 Stat.

4038, which provided that: "The Cranston-Gonzalez National

Affordable Housing Act is amended by striking sections 821 and 823

(42 U.S.C. 11361 note). The amendment made by such section 821 of

such Act shall not take effect."

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3535, 11304, 12839,

12899d of this title; title 12 sections 1441a, 1831q; title 25

section 4183.

-End-

-CITE-

42 USC Part A - Comprehensive Homeless Assistance Plan 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part A - Comprehensive Homeless Assistance Plan

-HEAD-

PART A - COMPREHENSIVE HOMELESS ASSISTANCE PLAN

-End-

-CITE-

42 USC Sec. 11361 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part A - Comprehensive Homeless Assistance Plan

-HEAD-

Sec. 11361. Housing affordability strategy

-STATUTE-

Assistance may be made under this subchapter only if the grantee

certifies that it is following -

(1) a current housing affordability strategy which has been

approved by the Secretary in accordance with section 12705 of

this title, or

(2) a comprehensive homeless assistance plan which was approved

by the Secretary during the 180-day period beginning on November

28, 1990, or during such longer period as may be prescribed by

the Secretary in any case for good cause.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 401, July 22, 1987, 101 Stat. 494;

Pub. L. 100-628, title IV, Secs. 401-404, Nov. 7, 1988, 102 Stat.

3230, 3231; Pub. L. 101-625, title VIII, Secs. 831, 832(e)(3),

836(a), Nov. 28, 1990, 104 Stat. 4357, 4360, 4366.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-625, Sec. 836(a), amended section generally,

substituting present provisions for provisions requiring the annual

submission of a comprehensive homeless assistance plan with

requirements for contents of the plan, review of the plan,

performance reviews under the plan, publication by notice,

applications for assistance, coordination with State agencies, and

consultation with other private and public groups and entities

regarding the plan.

Subsec. (a). Pub. L. 101-625, Sec. 831(b)(1), inserted at end

"Assistance authorized by this subchapter may be provided to any

Indian tribe that is eligible to receive a grant under the

emergency shelter grants program in any fiscal year, but only if

the tribe submits biennially to the Secretary of Housing and Urban

Development a comprehensive homeless assistance plan under this

section."

Subsec. (a)(1). Pub. L. 101-625, Sec. 831(c)(2)(A), substituted

"biennially" for "annually".

Subsec. (b)(2). Pub. L. 101-625, Sec. 831(c)(2)(B), substituted

", services, and programs" for "and services".

Subsec. (b)(3). Pub. L. 101-625, Sec. 831(c)(2)(C), substituted

", services, and programs" for "and services" in cl. (A), struck

out "and" before "(B)", and added cls. (C) to (F).

Subsec. (b)(5). Pub. L. 101-625, Sec. 831(b)(2), inserted "Indian

tribe," after "State,".

Subsec. (b)(7), (8). Pub. L. 101-625, Sec. 831(a), added pars.

(7) and (8).

Subsec. (b)(9). Pub. L. 101-625, Sec. 832(e)(3), added par. (9).

Subsecs. (c)(1), (d). Pub. L. 101-625, Sec. 831(b)(3), (4),

inserted "Indian tribe," after "State," wherever appearing.

Subsec. (g). Pub. L. 101-625, Sec. 831(b)(5), inserted "(or

tribal agency or contact)" after "State contact person", "(or

tribe)" before comma, and "(or tribal agency or contact person)"

after "or contact person".

Subsec. (h). Pub. L. 101-625, Sec. 831(c)(1), added subsec. (h).

1988 - Subsec. (a)(1). Pub. L. 100-628, Sec. 401(a), inserted

"annually" after "submits".

Subsec. (a)(2), (3). Pub. L. 100-628, Sec. 401(b), added par. (2)

and redesignated former par. (2) as (3).

Subsec. (b)(3). Pub. L. 100-628, Sec. 402(1), inserted

"facilities and" before "services" and struck out "and" at end.

Subsec. (b)(4). Pub. L. 100-628, Sec. 402(2), inserted

"facilities and" before "services" and substituted a semicolon for

period at end.

Subsec. (b)(5), (6). Pub. L. 100-628, Sec. 402(3), added pars.

(5) and (6).

Subsec. (d)(3). Pub. L. 100-628, Sec. 403, inserted before period

at end "or to respond to recommendations made in accordance with

paragraph (2) that are received at least 60 days prior to the

beginning of the fiscal year".

Subsec. (g). Pub. L. 100-628, Sec. 404, added subsec. (g).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 836(b) of Pub. L. 101-625 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1991."

EVALUATION OF PROGRAMS

Pub. L. 102-550, title XIV, Sec. 1409, Oct. 28, 1992, 106 Stat.

4038, as amended by Pub. L. 105-362, title VII, Sec. 701(c), Nov.

10, 1998, 112 Stat. 3287; Pub. L. 106-400, Sec. 2, Oct. 30, 2000,

114 Stat. 1675, provided that: "The Secretary of Housing and Urban

Development shall conduct a comprehensive review and evaluation of

the effectiveness of each program under title IV of the

McKinney-Vento Homeless Assistance Act [42 U.S.C. 11361 et seq.].

In conducting the review, the Secretary shall examine procedures of

the Department in carrying out such programs, the procedures of

recipients of assistance under such programs in carrying out such

programs, and the effects and benefits of such programs; shall

survey homeless individuals and families assisted under each

program in various jurisdictions receiving assistance under each

program; shall determine whether such programs are fulfilling the

purposes for which they were established; and shall evaluate the

usefulness and effectiveness of such programs."

HOMELESS HOUSING ACT OF 1986

Pub. L. 99-500, Sec. 101(g) [H.R. 5313, title V], Oct. 18, 1986,

100 Stat. 1783-242, and Pub. L. 99-591, Sec. 101(g) [H.R. 5313,

title V], Oct. 30, 1986, 100 Stat. 3341-242; Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-202, Sec. 106, Dec.

22, 1987, 101 Stat. 1329-433, provided that title V of H.R. 5315 be

cited as the "Homeless Housing Act of 1986", established a

transitional housing demonstration program and directed Secretary

of Housing and Urban Development to submit to Congress, not later

than 3 months after the end of fiscal year 1987, an interim report

summarizing activities under this program during such fiscal year

and, not later than 6 months after the end of fiscal year 1988, a

final report summarizing such activities, established an emergency

shelter grants program to make grants to States, units of local

government, and private nonprofit organizations providing

assistance to the homeless, and appropriated $15,000,000 for fiscal

year 1987, to remain available until expended, to carry out both

programs.

-End-

-CITE-

42 USC Sec. 11362 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part A - Comprehensive Homeless Assistance Plan

-HEAD-

Sec. 11362. Discharge coordination policy

-STATUTE-

The Secretary may not provide a grant under this subchapter for

any governmental entity serving as an applicant unless the

applicant agrees to develop and implement, to the maximum extent

practicable and where appropriate, policies and protocols for the

discharge of persons from publicly funded institutions or systems

of care (such as health care facilities, foster care or other youth

facilities, or correction programs and institutions) in order to

prevent such discharge from immediately resulting in homelessness

for such persons.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 402, as added Pub. L. 106-377, Sec.

1(a)(1) [title II, Sec. 229(a)], Oct. 27, 2000, 114 Stat. 1441,

1441A-30.)

-End-

-CITE-

42 USC Part B - Emergency Shelter Grants Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

PART B - EMERGENCY SHELTER GRANTS PROGRAM

-End-

-CITE-

42 USC Sec. 11371 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11371. Definitions

-STATUTE-

For purposes of this part:

(1) The term "local government" means a unit of general purpose

local government.

(2) The term "locality" means the geographical area within the

jurisdiction of a local government.

(3) The term "metropolitan city" has the meaning given such

term in section 5302 of this title.

(4) The term "operating costs" means expenses incurred by a

recipient operating a facility assisted under this part with

respect to -

(A) the administration, maintenance, repair, and security of

such housing; and

(B) utilities, fuels, furnishings, and equipment for such

housing.

(5) The term "private nonprofit organization" means a secular

or religious organization described in section 501(c) of title 26

that is exempt from taxation under subtitle A of title 26, has an

accounting system and a voluntary board, and practices

nondiscrimination in the provision of assistance.

(6) The term "recipient" means any governmental or private

nonprofit entity that is approved by the Secretary as to

financial responsibility.

(7) The term "Secretary" means the Secretary of Housing and

Urban Development.

(8) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and any other territory

or possession of the United States.

(9) The term "urban county" has the meaning given such term in

section 5302 of this title.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 411, July 22, 1987, 101 Stat. 495;

Pub. L. 101-625, title VIII, Sec. 832(f)(1), Nov. 28, 1990, 104

Stat. 4361; Pub. L. 104-330, title V, Sec. 506(a)(1), Oct. 26,

1996, 110 Stat. 4044.)

-MISC1-

AMENDMENTS

1996 - Par. (10). Pub. L. 104-330 struck out par. (10) which read

as follows: "The term 'Indian tribe' has the meaning given such

term in section 5302(a)(17) of this title."

1990 - Par. (10). Pub. L. 101-625 added par. (10).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Section 506(c) of Pub. L. 104-330, as amended by Pub. L. 106-400,

Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided that: "The

amendments under subsections (a) [amending this section and

sections 11372 to 11376, 11382, 11401, 11403g, and 11408 of this

title] and (b) [amending provisions formerly set out as a note

under section 11301 of this title] shall apply with respect to

amounts made available for assistance under title IV of the

McKinney-Vento Homeless Assistance Act [42 U.S.C. 11361 et seq.]

and section 2 of the HUD Demonstration Act of 1993 [Pub. L.

103-120, former 42 U.S.C. 11301 note], respectively, for fiscal

year 1998 and fiscal years thereafter."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 11372 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11372. Grant assistance

-STATUTE-

The Secretary of Housing and Urban Development shall, to the

extent of amounts approved in appropriation Acts under section

11377 of this title, make grants to States and local governments

(and to private nonprofit organizations providing assistance to

homeless individuals, in the case of grants made with reallocated

amounts) in order to carry out activities described in section

11374 of this title.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 412, July 22, 1987, 101 Stat. 496;

Pub. L. 101-625, title VIII, Sec. 832(f)(2), Nov. 28, 1990, 104

Stat. 4361; Pub. L. 104-330, title V, Sec. 506(a)(2), Oct. 26,

1996, 110 Stat. 4044.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-330 struck out ", and for Indian tribes,"

after "local governments".

1990 - Pub. L. 101-625 substituted "States and local governments,

and for Indian tribes," for "States and local governments".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-End-

-CITE-

42 USC Sec. 11373 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11373. Allocation and distribution of assistance

-STATUTE-

(a) In general

The Secretary shall allocate assistance under this part to

metropolitan cities, urban counties, and States (for distribution

to local governments and private nonprofit organizations in the

States) in a manner that ensures that the percentage of the total

amount available under this part for any fiscal year that is

allocated to any State, metropolitan city, or urban county is equal

to the percentage of the total amount available for section 5306 of

this title for such prior fiscal year that is allocated to such

State, metropolitan city, or urban county.

(b) Minimum allocation requirement

If, under the allocation provisions applicable under this part,

any metropolitan city or urban county would receive a grant of less

than 0.05 percent of the amounts appropriated to carry out this

part for any fiscal year, such amount shall instead be reallocated

to the State, except that any city that is located in a State that

does not have counties as local governments, that has a population

greater than 40,000 but less than 50,000 as used in determining the

fiscal year 1987 community development block grant program

allocation, and that was allocated in excess of $1,000,000 in

community development block grant funds in fiscal year 1987, shall

receive directly the amount allocated to such city under subsection

(a) of this section.

(c) Distributions to nonprofit organizations

Any local government receiving assistance under this part may

distribute all or a portion of such assistance to private nonprofit

organizations providing assistance to homeless individuals. Any

State receiving assistance under this part may distribute all or a

portion of such assistance to private nonprofit organizations

providing assistance to homeless individuals, if the local

government for the locality in which the project is located

certifies that it approves of the project.

(d) Reallocation of funds

(1) The Secretary shall, not less than twice during each fiscal

year, reallocate any assistance provided under this part that is

unused or returned or that becomes available under subsection (b)

of this section.

(2) If a city or county eligible for a grant under subsection (a)

of this section fails to obtain approval of its comprehensive plan

during the 90-day period following the date funds authorized by

this part first become available for allocation during any fiscal

year, the amount that the city or county would have received shall

be available to the State in which the city or county is located if

the State has obtained approval of its comprehensive plan. Any

amounts that cannot be allocated to a State under the preceding

sentence shall be reallocated to other States, counties, and cities

that demonstrate extraordinary need or large numbers of homeless

individuals, as determined by the Secretary.

(3) If a State fails to obtain approval of its comprehensive plan

during the 90-day period following the date funds authorized by

this part first become available for allocation during any fiscal

year, the amount that the State would have received shall be

reallocated to other States and to cities and counties as

applicable, that demonstrate extraordinary need or large numbers of

homeless individuals, as determined by the Secretary.

(e) Allocations to territories

In addition to the other allocations required in this section,

the Secretary shall (for amounts appropriated after July 22, 1987)

allocate assistance under this part to the Virgin Islands, Guam,

American Samoa, the Northern Mariana Islands, the Trust Territory

of the Pacific Islands, and any other territory or possession of

the United States, in accordance with an allocation formula

established by the Secretary.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 413, July 22, 1987, 101 Stat. 496;

Pub. L. 100-628, title IV, Sec. 421, Nov. 7, 1988, 102 Stat. 3231;

Pub. L. 101-625, title VIII, Sec. 832(f)(3)-(5), Nov. 28, 1990, 104

Stat. 4361; Pub. L. 104-330, title V, Sec. 506(a)(3), Oct. 26,

1996, 110 Stat. 4044.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-330, Sec. 506(a)(3)(A), struck

out ", and to Indian tribes," after "in the States)" and ", or for

Indian tribes" after "or urban county" in two places.

Subsec. (c). Pub. L. 104-330, Sec. 506(a)(3)(B), struck out "or

Indian tribe" after "Any local government".

Subsec. (d)(3). Pub. L. 104-330, Sec. 506(a)(3)(C)(ii), struck

out ", or other Indian tribes," after "cities and counties".

Pub. L. 104-330, Sec. 506(a)(3)(C)(i), which directed amendment

of par. (3) by striking ", or Indian tribe" each place it appeared,

was executed by striking "or Indian tribe" after "State" in two

places to reflect the probable intent of Congress.

1990 - Subsec. (a). Pub. L. 101-625, Sec. 832(f)(3), inserted ",

and to Indian tribes," after "States)" and ", or for Indian tribes"

after "urban county" in two places.

Subsec. (c). Pub. L. 101-625, Sec. 832(f)(4), inserted "or Indian

tribe" after "local government".

Subsec. (d)(3). Pub. L. 101-625, Sec. 832(f)(5), inserted "or

Indian tribe" after "State" in two places and ", or other Indian

tribes, as applicable," after "counties".

1988 - Subsec. (a). Pub. L. 100-628, Sec. 421(a), inserted "and

private nonprofit organizations" after "local governments".

Subsec. (c). Pub. L. 100-628, Sec. 421(b), inserted at end "Any

State receiving assistance under this part may distribute all or a

portion of such assistance to private nonprofit organizations

providing assistance to homeless individuals, if the local

government for the locality in which the project is located

certifies that it approves of the project."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 11374 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11374. Eligible activities

-STATUTE-

(a) In general

Assistance provided under this part may be used for the following

activities relating to emergency shelter for homeless individuals:

(1) The renovation, major rehabilitation, or conversion of

buildings to be used as emergency shelters.

(2) The provision of essential services, including services

concerned with employment, health, drug abuse, or education, if -

(A) such services have not been provided by the local

government during any part of the immediately preceding

12-month period, or the use of assistance under this part would

complement those services; and

(B) not more than 30 percent of the aggregate amount of all

assistance to a State or local government under this part is

used for activities under this paragraph.

(3) Maintenance, operation, insurance, utilities, and

furnishings, except that not more than 10 percent of the amount

of any grant received under this part may be used for costs of

staff.

(4) Efforts to prevent homelessness, such as financial

assistance to families who have received eviction notices or

notices of termination of utility services if -

(A) the inability of the family to make the required payments

is due to a sudden reduction in income;

(B) the assistance is necessary to avoid the eviction or

termination of services;

(C) there is a reasonable prospect that the family will be

able to resume payments within a reasonable period of time; and

(D) the assistance will not supplant funding for preexisting

homelessness prevention activities from other sources.

Activities that are eligible for assistance under this paragraph

shall include assistance to very low-income families who are

discharged from publicly funded institutions or systems of care

(such as health care facilities, foster care or other youth

facilities, or correction programs and institutions). Not more

than 30 percent of the aggregate amount of all assistance to a

State or local government under this part may be used for

activities under this paragraph.

(b) Waiver authority

The Secretary may waive the 20 percent limitation on the use of

assistance for essential services contained in subsection (a)(2)(B)

of this section, if the local government receiving the assistance

demonstrates that the other eligible activities under the program

are already being carried out in the locality with other resources.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 414, July 22, 1987, 101 Stat. 497;

Pub. L. 100-628, title IV, Secs. 422, 423(a), Nov. 7, 1988, 102

Stat. 3231; Pub. L. 101-625, title VIII, Sec. 832(c), (d), (f)(6),

Nov. 28, 1990, 104 Stat. 4360, 4361; Pub. L. 102-550, title XIV,

Sec. 1402(e), Oct. 28, 1992, 106 Stat. 4013; Pub. L. 104-330, title

V, Sec. 506(a)(4), Oct. 26, 1996, 110 Stat. 4044; Pub. L. 106-377,

Sec. 1(a)(1) [title II, Sec. 229(b)], Oct. 27, 2000, 114 Stat.

1441, 1441A-31.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(4). Pub. L. 106-377 inserted comma after

"homelessness" in introductory provisions and substituted

"Activities that are eligible for assistance under this paragraph

shall include assistance to very low-income families who are

discharged from publicly funded institutions or systems of care

(such as health care facilities, foster care or other youth

facilities, or correction programs and institutions). Not" for

"Not" in concluding provisions.

1996 - Subsec. (a)(2). Pub. L. 104-330 struck out "or Indian

tribe" after "local government" in subpar. (A) and substituted "or

local government" for ", local government, or Indian tribe" in

subpar. (B).

Subsec. (a)(4). Pub. L. 104-330 substituted "or local government"

for ", local government, or Indian tribe" in concluding provisions.

1992 - Subsec. (a)(3). Pub. L. 102-550 struck out "(other than

staff)" after "operation" and inserted before period at end ",

except that not more than 10 percent of the amount of any grant

received under this part may be used for costs of staff".

1990 - Subsec. (a)(2)(A). Pub. L. 101-625, Sec. 832(f)(6)(A),

inserted "or Indian tribe" after "local government".

Subsec. (a)(2)(B). Pub. L. 101-625, Sec. 832(c), (f)(6)(B),

substituted "30 percent" for "20 percent" and ", local government,

or Indian tribe" for "or local government".

Subsec. (a)(4). Pub. L. 101-625, Sec. 832(d), substituted

sentence at end for "Activities under this paragraph shall be

treated as 'essential services' for the purpose of paragraph

(2)(B)."

1988 - Subsec. (a)(2)(A). Pub. L. 100-628, Sec. 422(b), inserted

before semicolon ", or the use of assistance under this part would

complement those services".

Subsec. (a)(2)(B). Pub. L. 100-628, Sec. 422(a), substituted "20"

for "15" and "the aggregate amount of all assistance to a State or"

for "the amount of any assistance to a".

Subsec. (a)(4). Pub. L. 100-628, Sec. 423(a), added par. (4).

Subsec. (b). Pub. L. 100-628, Sec. 422(a)(1), substituted "20"

for "15".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

REPORT BY COMPTROLLER GENERAL

Section 423(b) of Pub. L. 100-628 provided that: "The Comptroller

General of the United States shall conduct a study and report to

the Congress not later than 1 year after the date of the enactment

of this Act [Nov. 7, 1988] on various programs to prevent

homelessness implemented by grantees, with particular focus on the

different methods employed by grantees to determine eligibility for

homelessness prevention assistance and restrictions or limitations,

if any, imposed under such programs. Such report shall include -

"(1) an examination of other homelessness prevention programs,

including other Federal programs and State and local programs;

and

"(2) recommendations for such legislation as the Comptroller

General determines appropriate, including recommendations on how

to prevent homelessness as a result of mortgage foreclosures."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11372, 11375 of this

title.

-End-

-CITE-

42 USC Sec. 11375 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11375. Responsibilities of recipients

-STATUTE-

(a) Matching amounts

(1) Except as provided in paragraph (2), each recipient under

this part shall be required to supplement the assistance provided

under this part with an equal amount of funds from sources other

than this part. Each recipient shall certify to the Secretary its

compliance with this paragraph, and shall include with such

certification a description of the sources and amounts of such

supplemental funds.

(2) Each recipient under this part that is a State shall be

required to supplement the assistance provided under this part with

an amount of funds from sources other than this part equal to the

difference between the amount received under this part and

$100,000. If the amount received by the State is $100,000 or less,

the State may not be required to supplement the assistance provided

under this part.

(3) In calculating the amount of supplemental funds provided by a

recipient under this part, a recipient may include the value of any

donated material or building, the value of any lease on a building,

any salary paid to staff to carry out the program of the recipient,

and the value of the time and services contributed by volunteers to

carry out the program of the recipient at a rate determined by the

Secretary.

(b) Administration of assistance

Each recipient shall act as the fiscal agent of the Secretary

with respect to assistance provided to such recipient.

(c) Certifications on use of assistance

Each recipient shall certify to the Secretary that -

(1) it will -

(A) in the case of assistance involving major rehabilitation

or conversion, maintain any building for which assistance is

used under this part as a shelter for homeless individuals and

families for not less than a 10-year period;

(B) in the case of assistance involving rehabilitation (other

than major rehabilitation or conversion), maintain any building

for which assistance is used under this part as a shelter for

homeless individuals and families for not less than a 3-year

period; or

(C) in the case of assistance involving solely activities

described in paragraphs (2) and (3) of section 11374(a) of this

title, provide services or shelter to homeless individuals and

families for the period during which such assistance is

provided, without regard to a particular site or structure as

long as the same general population is served;

(2) any renovation carried out with assistance under this part

shall be sufficient to ensure that the building involved is safe

and sanitary;

(3) it will assist homeless individuals in obtaining -

(A) appropriate supportive services, including permanent

housing, medical and mental health treatment, counseling,

supervision, and other services essential for achieving

independent living; and

(B) other Federal, State, local, and private assistance

available for such individuals;

(4) in the case of a recipient that is a State, it will obtain

any matching amounts required under subsection (a) of this

section in a manner so that local governments, agencies, and

local nonprofit organizations receiving assistance from the grant

that are least capable of providing the recipient State with such

matching amounts receive the benefit of the $100,000 subtrahend

under subsection (a)(2) of this section;

(5) it will develop and implement procedures to ensure the

confidentiality of records pertaining to any individual provided

family violence prevention or treatment services under any

project assisted under this part and that the address or location

of any family violence shelter project assisted under this part

will, except with written authorization of the person or persons

responsible for the operation of such shelter, not be made

public;

(6) activities undertaken by the recipient with assistance

under this part are consistent with any housing strategy

submitted by the grantee in accordance with section 12705 of this

title; and

(7) to the maximum extent practicable, it will involve, through

employment, volunteer services, or otherwise, homeless

individuals and families in constructing, renovating,

maintaining, and operating facilities assisted under this part,

in providing services assisted under this part, and in providing

services for occupants of facilities assisted under this part.

(d) Participation of homeless individuals

The Secretary shall, by regulation, require each recipient that

is not a State to provide for the participation of not less than 1

homeless individual or former homeless individual on the board of

directors or other equivalent policymaking entity of such

recipient, to the extent that such entity considers and makes

policies and decisions regarding any facility, services, or other

assistance of the recipient assisted under this part. The Secretary

may grant waivers to recipients unable to meet the requirement

under the preceding sentence if the recipient agrees to otherwise

consult with homeless or formerly homeless individuals in

considering and making such policies and decisions.

(e) Termination of assistance

If an individual or family who receives assistance under this

part from a recipient violates program requirements, the recipient

may terminate assistance in accordance with a formal process

established by the recipient that recognizes the rights of

individuals affected, which may include a hearing.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 415, July 22, 1987, 101 Stat. 497;

Pub. L. 100-628, title IV, Sec. 424, Nov. 7, 1988, 102 Stat. 3232;

Pub. L. 101-625, title VIII, Sec. 832(e)(1), (2), (h), Nov. 28,

1990, 104 Stat. 4360, 4362; Pub. L. 102-550, title XIV, Sec.

1402(b)-(d), Oct. 28, 1992, 106 Stat. 4012, 4013; Pub. L. 104-330,

title V, Sec. 506(a)(5), Oct. 26, 1996, 110 Stat. 4044.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(4). Pub. L. 104-330 struck out "Indian

tribes," after "local governments,".

1992 - Subsec. (c). Pub. L. 102-550, Sec. 1402(b), in par. (1),

substituted a semicolon for period at end, in par. (3), struck out

"and" at end, in par. (4), inserted "it will" after "State," and

struck out "and" at end, in par. (5), inserted "it will" before

"develop" and substituted a semicolon for period at end,

redesignated par. (4), relating to consistency of activities

undertaken with assistance under this part, as (6) and substituted

"; and" for period at end, and added par. (7).

Subsec. (d). Pub. L. 102-550, Sec. 1402(c), added subsec. (d).

Subsec. (e). Pub. L. 102-550, Sec. 1402(d), added subsec. (e).

1990 - Subsec. (a)(1). Pub. L. 101-625, Sec. 832(e)(1)(A),

substituted "Except as provided in paragraph (2), each" for "Each".

Subsec. (a)(2), (3). Pub. L. 101-625, Sec. 832(e)(1)(B), (C),

added par. (2) and redesignated former par. (2) as (3).

Subsec. (c)(2), (3). Pub. L. 101-625, Sec. 832(e)(2)(A), (B),

(h)(1), (2), amended subsec. (c) identically, striking "and" at end

of par. (2) and substituting "; and" for period at end of par. (3).

Subsec. (c)(4). Pub. L. 101-625, Sec. 832(h)(3), added (after

par. (5)) par. (4) relating to consistency of activities undertaken

with assistance under this part.

Pub. L. 101-625, Sec. 832(e)(2)(C), added par. (4) relating to

matching funds obtained by State recipients of assistance under

this part.

Subsec. (c)(5). Pub. L. 101-625, Sec. 832(e)(2)(C), added par.

(5).

1988 - Subsec. (c)(1). Pub. L. 100-628 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "it will

maintain any building for which assistance is used under this part

as a shelter for homeless individuals for not less than a 3-year

period or for not less than a 10-year period if such assistance is

used for the major rehabilitation or conversion of such building;".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-End-

-CITE-

42 USC Sec. 11376 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11376. Administrative provisions

-STATUTE-

(a) Regulations

Not later than 60 days after July 22, 1987, the Secretary shall

by notice establish such requirements as may be necessary to carry

out the provisions of this part. Such requirements shall be subject

to section 553 of title 5. The Secretary shall issue requirements

based on the initial notice before the expiration of the 12-month

period following July 22, 1987. Prior to the issuance of such

requirements in final form, the requirements established by the

Secretary implementing the provisions of the emergency shelter

grants program under the provisions made effective by section

101(g) of Public Law 99-500 or Public Law 99-591 shall govern the

emergency shelter grants program under this part.

(b) Initial allocation of assistance

Not later than the expiration of the 60-day period following the

date of enactment of a law providing appropriations to carry out

this part, the Secretary shall notify each State, metropolitan

city, and urban county that is to receive a direct grant of its

allocation of assistance under this part. Such assistance shall be

allocated and may be used notwithstanding any failure of the

Secretary to issue requirements under subsection (a) of this

section.

(c) Minimum standards of habitability

The Secretary shall prescribe such minimum standards of

habitability as the Secretary determines to be appropriate to

ensure that emergency shelters assisted under this section are

environments that provide appropriate privacy, safety, and sanitary

and other health-related conditions for homeless persons and

families. Grantees are authorized to establish standards of

habitability in addition to those prescribed by the Secretary.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 416, July 22, 1987, 101 Stat. 498;

Pub. L. 101-625, title VIII, Sec. 832(f)(7), (g), Nov. 28, 1990,

104 Stat. 4361; Pub. L. 104-330, title V, Sec. 506(a)(6), Oct. 26,

1996, 110 Stat. 4044.)

-REFTEXT-

REFERENCES IN TEXT

The emergency shelter grants program under the provisions made

effective by section 101(g) of Public Law 99-500 or Public Law

99-591, referred to in subsec. (a), means the emergency shelter

grants program authorized by title V of H.R. 5313 [Department of

Housing and Urban Development - Independent Agencies Appropriations

Act, 1987], as incorporated by reference by section 101(g) of Pub.

L. 99-500 and 99-591, and enacted into law by section 106 of Pub.

L. 100-202, which is set out as a note under section 11361 of this

title.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-330 struck out "Indian tribe,"

after "State,".

1990 - Subsec. (b). Pub. L. 101-625, Sec. 832(f)(7), inserted

"Indian tribe," after "State,".

Subsec. (c). Pub. L. 101-625, Sec. 832(g), added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-End-

-CITE-

42 USC Sec. 11377 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11377. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$138,000,000 for fiscal year 1993 and $143,796,000 for fiscal year

1994.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 417, July 22, 1987, 101 Stat. 498;

Pub. L. 100-628, title IV, Sec. 425, Nov. 7, 1988, 102 Stat. 3232;

Pub. L. 101-625, title VIII, Sec. 832(a), Nov. 28, 1990, 104 Stat.

4359; Pub. L. 102-550, title XIV, Sec. 1402(a), Oct. 28, 1992, 106

Stat. 4012.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated to carry out this part $125,000,000 for fiscal year

1991 and $138,000,000 for fiscal year 1992."

1990 - Pub. L. 101-625, which directed the general amendment of

the "first sentence" of this section, was executed by making the

substitution for the only sentence of this section which read:

"There are authorized to be appropriated to carry out this part

$120,000,000 for fiscal year 1989 and $125,000,000 for fiscal year

1990."

1988 - Pub. L. 100-628 amended section generally. Prior to

amendment, section read as follows: "In addition to other amounts

authorized by law, there are authorized to be appropriated for the

emergency shelter grants program $100,000,000 for fiscal year 1987

and $120,000,000 for fiscal year 1988."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11372 of this title.

-End-

-CITE-

42 USC Sec. 11378 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part B - Emergency Shelter Grants Program

-HEAD-

Sec. 11378. Administrative costs

-STATUTE-

A recipient may use up to 5 percent of any annual grant received

under this part for administrative purposes. A recipient State

shall share the amount available for administrative purposes

pursuant to the preceding sentence with local governments funded by

the State.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 418, as added Pub. L. 101-625,

title VIII, Sec. 832(b)(1), Nov. 28, 1990, 104 Stat. 4359.)

-End-

-CITE-

42 USC Part C - Supportive Housing Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

PART C - SUPPORTIVE HOUSING PROGRAM

-End-

-CITE-

42 USC Sec. 11381 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11381. Purpose

-STATUTE-

The purpose of the program under this part is to promote the

development of supportive housing and supportive services,

including innovative approaches to assist homeless persons in the

transition from homelessness, and to promote the provision of

supportive housing to homeless persons to enable them to live as

independently as possible.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 421, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4013.)

-MISC1-

PRIOR PROVISIONS

A prior section 11381, Pub. L. 100-77, title IV, Sec. 421, July

22, 1987, 101 Stat. 498, related to establishment of a supportive

housing demonstration program, prior to repeal by Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4013.

TRANSITIONAL PROVISION

Section 1403(b) of Pub. L. 102-550, as amended by Pub. L.

106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided that:

"Notwithstanding the amendment made by subsection (a) [adding part

C and repealing former parts C and D of this subchapter], before

the date of the effectiveness of the regulations issued under

section 427 of the McKinney-Vento Homeless Assistance Act [42

U.S.C. 11387] (as amended by subsection (a) of this section) the

Secretary may make grants under the provisions of subtitles C and D

of [title IV of] the McKinney-Vento Homeless Assistance Act [former

parts C and D of this subchapter], as in effect immediately before

the enactment of this Act [Oct. 28, 1992]. Any grants made before

such effective date shall be subject to the provisions of such

subtitles."

DEMONSTRATION PROJECTS TO REDUCE NUMBER OF HOMELESS FAMILIES IN

WELFARE HOTELS

Pub. L. 100-628, title IX, Sec. 903, Nov. 7, 1988, 102 Stat.

3258, as amended by Pub. L. 104-193, title I, Sec. 110(g), Aug. 22,

1996, 110 Stat. 2171, authorized Secretary of Health and Human

Services to carry out 2 or 3 demonstration projects to provide

housing in transitional facilities for homeless families who are

recipients of assistance under a State program funded by part A of

subchapter IV of chapter 7 of this title and who reside in

commercial or similar transient facilities and authorized

appropriations of not more than $20,000,000 for the grants for

fiscal year 1990.

-End-

-CITE-

42 USC Sec. 11382 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11382. Definitions

-STATUTE-

For purposes of this part:

(1) The term "applicant" means a State, metropolitan city,

urban county, governmental entity, private nonprofit

organization, or community mental health association that is a

public nonprofit organization, that is eligible to receive

assistance under this part and submits an application under

section 11386(a) of this title.

(2) The term "disability" means -

(A) a disability as defined in section 423 of this title,

(B) to be determined to have, pursuant to regulations issued

by the Secretary, a physical, mental, or emotional impairment

which (i) is expected to be of long-continued and indefinite

duration, (ii) substantially impedes an individual's ability to

live independently, and (iii) of such a nature that such

ability could be improved by more suitable housing conditions,

(C) a developmental disability as defined in section 15002 of

this title, or

(D) the disease of acquired immunodeficiency syndrome or any

conditions arising from the etiologic agency for acquired

immunodeficiency syndrome.

Subparagraph (D) shall not be construed to limit eligibility

under subparagraphs (A) through (C) or the provisions referred to

in subparagraphs (A) through (C).

(3) Repealed. Pub. L. 104-330, title V, Sec. 506(a)(7)(B), Oct.

26, 1996, 110 Stat. 4044.

(4) The term "metropolitan city" has the meaning given the term

in section 5302 of this title.

(5) The term "operating costs" means expenses incurred by a

recipient operating supportive housing under this part with

respect to -

(A) the administration, maintenance, repair, and security of

such housing;

(B) utilities, fuel, furnishings, and equipment for such

housing; and

(C) the conducting of the assessment under section

11386(c)(2) of this title.

(6) The term "outpatient health services" means outpatient

health care, outpatient mental health services, outpatient

substance abuse services, and case management.

(7) The term "private nonprofit organization" means an

organization -

(A) no part of the net earnings of which inures to the

benefit of any member, founder, contributor, or individual;

(B) that has a voluntary board;

(C) that has an accounting system, or has designated a fiscal

agent in accordance with requirements established by the

Secretary; and

(D) that practices nondiscrimination in the provision of

assistance.

(8) The term "project" means a structure or structures (or a

portion of such structure or structures) that is acquired,

rehabilitated, constructed, or leased with assistance provided

under this part or with respect to which the Secretary provides

technical assistance or annual payments for operating costs under

this part, or supportive services.

(9) The term "recipient" means any governmental or nonprofit

entity that receives assistance under this part.

(10) The term "Secretary" means the Secretary of Housing and

Urban Development.

(11) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, and

Palau.

(12) The term "supportive housing" means a project that meets

the requirements of section 11384 of this title.

(13) The term "supportive services" means services under

section 11385 of this title.

(14) The term "urban county" has the meaning given the term in

section 5302 of this title.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 422, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4014; amended

Pub. L. 104-330, title V, Sec. 506(a)(7), Oct. 26, 1996, 110 Stat.

4044; Pub. L. 106-402, title IV, Sec. 401(b)(14), Oct. 30, 2000,

114 Stat. 1740.)

-MISC1-

PRIOR PROVISIONS

A prior section 11382, Pub. L. 100-77, title IV, Sec. 422, July

22, 1987, 101 Stat. 499; Pub. L. 100-242, title V, Sec. 570(i)(1),

Feb. 5, 1988, 101 Stat. 1950; Pub. L. 100-628, title IV, Secs.

441(a), 442(a), (b)(1), 443, 444, Nov. 7, 1988, 102 Stat. 3232,

3233; Pub. L. 101-625, title VIII, Sec. 833(b), (k)(1), Nov. 28,

1990, 104 Stat. 4362, 4364, defined terms for purposes of the

supportive housing demonstration program, prior to repeal by Pub.

L. 102-550, Sec. 1403(a).

AMENDMENTS

2000 - Par. (2)(C). Pub. L. 106-402, which directed amendment of

section 422(2)(C) of the Stewart B. McKinney Homeless Assistance

Act by substituting "as defined in section 15002 of this title, or"

for "as defined in section 6001 of this title, or", was executed to

par. (2)(C) of this section, which is section 422 of the

McKinney-Vento Homeless Assistance Act, to reflect the probable

intent of Congress.

1996 - Par. (1). Pub. L. 104-330, Sec. 506(a)(7)(A), struck out

"Indian tribe," after "a State".

Par. (3). Pub. L. 104-330, Sec. 506(a)(7)(B), struck out par. (3)

which read as follows: "The term 'Indian tribe' has the meaning

given the term in section 5302(a) of this title."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-End-

-CITE-

42 USC Sec. 11383 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11383. Eligible activities

-STATUTE-

(a) In general

The Secretary may provide any project with one or more of the

following types of assistance under this part:

(1) Acquisition and rehabilitation

A grant, in an amount not to exceed $200,000, for the

acquisition, rehabilitation, or acquisition and rehabilitation,

of an existing structure (including a small commercial property

or office space) to provide supportive housing other than

emergency shelter or to provide supportive services; except that

the Secretary may increase the dollar limitation under this

sentence to not more than $400,000 for areas that the Secretary

finds have high acquisition and rehabilitation costs. The

repayment of any outstanding debt owed on a loan made to purchase

an existing structure shall be considered to be a cost of

acquisition eligible for a grant under this paragraph if the

structure was not used as supportive housing, or to provide

supportive services, before the receipt of assistance.

(2) New construction

A grant, in an amount not to exceed $400,000, for new

construction of a structure to provide supportive housing.

(3) Leasing

A grant for leasing of an existing structure or structures, or

portions thereof, to provide supportive housing or supportive

services during the period covered by the application. Grant

recipients may reapply for such assistance as needed to continue

the use of such structure for purposes of this part.

(4) Operating costs

Annual payments for operating costs of housing assisted under

this part, not to exceed 75 percent of the annual operating costs

of such housing. Grant recipients may reapply for such assistance

as needed to continue the use of the housing for purposes of this

part.

(5) Supportive services

A grant for costs of supportive services provided to homeless

individuals. Any recipient, including program recipients under

this subchapter before October 28, 1992, may reapply for such

assistance or for the renewal of such assistance to continue

services funded under prior grants or to provide other services.

(6) Technical assistance

Technical assistance in carrying out the purposes of this part.

(7) Management information system

A grant for the costs of implementing and operating management

information systems for purposes of collecting unduplicated

counts of homeless people and analyzing patterns of use of

assistance funded under this chapter.

(b) Use restrictions

(1) Acquisition, rehabilitation, and new construction

Projects assisted under subsection (a)(1) or (2) of this

section shall be operated for not less than 20 years for the

purpose specified in the application.

(2) Other assistance

Projects assisted under subsection (a)(3), (4), (5), or (6) of

this section (but not under subsection (a)(1) or (2) of this

section) shall be operated for the purposes specified in the

application for the duration of the period covered by the grant.

(3) Conversion

If the Secretary determines that a project is no longer needed

for use as supportive housing and approves the use of the project

for the direct benefit of low-income persons pursuant to a

request for such use by the recipient operating the project, the

Secretary may authorize the recipient to convert the project to

such use.

(c) Repayment of assistance and prevention of undue benefits

(1) Repayment

The Secretary shall require recipients to repay 100 percent of

any assistance received under subsection (a)(1) or (2) of this

section if the project ceases to be used as supportive housing

within 10 years after the project is placed in service. If such

project is used as supportive housing for more than 10 years, the

Secretary shall reduce the percentage of the amount required to

be repaid by 10 percentage points for each year in excess of 10

that the project is used as supportive housing.

(2) Prevention of undue benefits

Except as provided in paragraph (3), upon any sale or other

disposition of a project assisted under subsection (a)(1) or (2)

of this section occurring before the expiration of the 20-year

period beginning on the date that the project is placed in

service, the recipient shall comply with such terms and

conditions as the Secretary may prescribe to prevent the

recipient from unduly benefiting from such sale or disposition.

(3) Exception

A recipient shall not be required to comply with the terms and

conditions prescribed under paragraphs (1) and (2) if the sale or

disposition of the project results in the use of the project for

the direct benefit of very low-income persons or if all of the

proceeds are used to provide supportive housing meeting the

requirements of this part.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 423, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4015; amended

Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 226], Oct. 27, 2000,

114 Stat. 1441, 1441A-30.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(7), was in the original

"this Act", meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482,

as amended, known as the McKinney-Vento Homeless Assistance Act.

For complete classification of this Act to the Code, see Short

Title note set out under section 11301 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 11383, Pub. L. 100-77, title IV, Sec. 423, July

22, 1987, 101 Stat. 501; Pub. L. 100-628, title IV, Secs. 441(b),

(c), 445(a), 446-448(a), 449, Nov. 7, 1988, 102 Stat. 3233, 3234;

Pub. L. 101-625, title VIII, Sec. 833(c)-(e), (g), Nov. 28, 1990,

104 Stat. 4362, 4363, outlined types of assistance provided under

the supportive housing demonstration program, prior to repeal by

Pub. L. 102-550, Sec. 1403(a).

AMENDMENTS

2000 - Subsec. (a)(7). Pub. L. 106-377 added par. (7).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11386, 11389 of this

title.

-End-

-CITE-

42 USC Sec. 11384 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11384. Supportive housing

-STATUTE-

(a) In general

Housing providing supportive services for homeless individuals

shall be considered supportive housing for purposes of this part if

-

(1) the housing is safe and sanitary and meets any applicable

State and local housing codes and licensing requirements in the

jurisdiction in which the housing is located; and

(2) the housing -

(A) is transitional housing;

(B) is permanent housing for homeless persons with

disabilities; or

(C) is, or is part of, a particularly innovative project for,

or alternative methods of, meeting the immediate and long-term

needs of homeless individuals and families.

(b) Transitional housing

For purposes of this section, the term "transitional housing"

means housing, the purpose of which is to facilitate the movement

of homeless individuals and families to permanent housing within 24

months or such longer period as the Secretary determines necessary.

The Secretary may deny assistance for housing based on a violation

of this subsection only if the Secretary determines that a

substantial number of homeless individuals or families have

remained in the housing longer than such period.

(c) Permanent housing for homeless persons with disabilities

For purposes of this section, the term "permanent housing for

homeless persons with disabilities" means community-based housing

for homeless persons with disabilities that provides long-term

housing and supportive services for not more than -

(1) 8 such persons in a single structure or contiguous

structures;

(2) 16 such persons, but only if not more than 20 percent of

the units in a structure are designated for such persons; or

(3) more than 16 persons if the applicant demonstrates that

local market conditions dictate the development of a large

project and such development will achieve the neighborhood

integration objectives of the program within the context of the

affected community.

(d) Single room occupancy dwellings

A project may provide supportive housing or supportive services

in dwelling units that do not contain bathrooms or kitchen

facilities and are appropriate for use as supportive housing or in

projects containing some or all such dwelling units.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 424, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4016.)

-MISC1-

PRIOR PROVISIONS

A prior section 11384, Pub. L. 100-77, title IV, Sec. 424, July

22, 1987, 101 Stat. 501; Pub. L. 100-628, title IV, Secs.

442(b)(2), 448(b), 450(a)(1), (b), 451, Nov. 7, 1988, 102 Stat.

3233-3235; Pub. L. 101-625, title VIII, Sec. 833(f), (h)-(j),

(k)(2), Nov. 28, 1990, 104 Stat. 4363-4365, provided for

applications, selection criteria, and other program requirements

for assistance under the supportive housing demonstration program,

prior to repeal by Pub. L. 102-550, Sec. 1403(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11382 of this title.

-End-

-CITE-

42 USC Sec. 11385 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11385. Supportive services

-STATUTE-

(a) In general

To the extent practicable, each project shall provide supportive

services for residents of the project and homeless persons using

the project, which may be designed by the recipient or

participants.

(b) Requirements

Supportive services provided in connection with a project shall

address the special needs of individuals (such as homeless persons

with disabilities and homeless families with children) intended to

be served by a project.

(c) Services

Supportive services may include such activities as (A)

establishing and operating a child care services program for

homeless families, (B) establishing and operating an employment

assistance program, (C) providing outpatient health services, food,

and case management, (D) providing assistance in obtaining

permanent housing, employment counseling, and nutritional

counseling, (E) providing security arrangements necessary for the

protection of residents of supportive housing and for homeless

persons using the housing or project, (F) providing assistance in

obtaining other Federal, State, and local assistance available for

such residents (including mental health benefits, employment

counseling, and medical assistance, but not including major medical

equipment), and (G) providing other appropriate services.

(d) Provision of services

Services provided pursuant to this section may be provided

directly by the recipient or by contract with other public or

private service providers. Such services may be provided to

homeless individuals who do not reside in supportive housing.

(e) Coordination with Secretary of Health and Human Services

(1) Approval

Promptly upon receipt of any application for assistance under

this part that includes the provision of outpatient health

services, the Secretary of Housing and Urban Development shall

consult with the Secretary of Health and Human Services with

respect to the proposed outpatient health services. If, within 45

days of such consultation, the Secretary of Health and Human

Services determines that the proposal for delivery of the

outpatient health services does not meet guidelines for

determining the appropriateness of such proposed services, the

Secretary of Housing and Urban Development may require

resubmission of the application, and the Secretary of Housing and

Urban Development may not approve such portion of the application

unless and until such portion has been resubmitted in a form that

the Secretary of Health and Human Services determines meets such

guidelines.

(2) Guidelines

The Secretary of Housing and Urban Development and the

Secretary of Health and Human Services shall jointly establish

guidelines for determining the appropriateness of proposed

outpatient health services under this section. Such guidelines

shall include any provisions necessary to enable the Secretary of

Housing and Urban Development to meet the time limits under this

part for the final selection of applications for assistance.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 425, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4017.)

-MISC1-

PRIOR PROVISIONS

A prior section 11385, Pub. L. 100-77, title IV, Sec. 425, July

22, 1987, 101 Stat. 503; Pub. L. 100-628, title IV, Sec. 452, Nov.

7, 1988, 102 Stat. 3235; Pub. L. 101-625, title VIII, Sec.

833(k)(3), Nov. 28, 1990, 104 Stat. 4365, required recipients of

assistance under supportive housing demonstration program to obtain

an equal amount of funding from non-Federal sources, prior to

repeal by Pub. L. 102-550, Sec. 1403(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11382, 11389 of this

title.

-End-

-CITE-

42 USC Sec. 11386 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11386. Program requirements

-STATUTE-

(a) Applications

(1) Form and procedure

Applications for assistance under this part shall be submitted

by applicants in the form and in accordance with the procedures

established by the Secretary. The Secretary may not give

preference or priority to any application on the basis that the

application was submitted by any particular type of applicant

entity.

(2) Contents

The Secretary shall require that applications contain at a

minimum -

(A) a description of the proposed project, including the

activities to be undertaken;

(B) a description of the size and characteristics of the

population that would occupy the supportive housing assisted

under this part;

(C) a description of the public and private resources that

are expected to be made available for the project;

(D) in the case of projects assisted under section

11383(a)(1) or (2) of this title, assurances satisfactory to

the Secretary that the project will be operated for not less

than 20 years for the purpose specified in the application;

(E) in the case of projects assisted under this subchapter

that do not receive assistance under such sections, annual

assurances during the period specified in the application that

the project will be operated for the purpose specified in the

application for such period;

(F) a certification from the public official responsible for

submitting the comprehensive housing affordability strategy

under section 12705 of this title for the State or unit of

general local government within which the project is located

that the proposed project is consistent with the approved

housing strategy of such State or unit of general local

government; and

(G) a certification that the applicant will comply with the

requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.],

title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et

seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C.

794], and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et

seq.], and will affirmatively further fair housing.

(3) Site control

The Secretary shall require that each application include

reasonable assurances that the applicant will own or have control

of a site for the proposed project not later than the expiration

of the 12-month period beginning upon notification of an award

for grant assistance, unless the application proposes providing

supportive housing assisted under section 11383(a)(3) of this

title or housing that will eventually be owned or controlled by

the families and individuals served. An applicant may obtain

ownership or control of a suitable site different from the site

specified in the application. If any recipient fails to obtain

ownership or control of the site within 12 months after

notification of an award for grant assistance, the grant shall be

recaptured and reallocated under this part.

(b) Selection criteria

The Secretary shall select applicants approved by the Secretary

as to financial responsibility to receive assistance under this

part by a national competition based on criteria established by the

Secretary, which shall include -

(1) the ability of the applicant to develop and operate a

project;

(2) the innovative quality of the proposal in providing a

project;

(3) the need for the type of project proposed by the applicant

in the area to be served;

(4) the extent to which the amount of assistance to be provided

under this part will be supplemented with resources from other

public and private sources;

(5) the cost-effectiveness of the proposed project;

(6) the extent to which the applicant has demonstrated

coordination with other Federal, State, local, private and other

entities serving homeless persons in the planning and operation

of the project, to the extent practicable; and

(7) such other factors as the Secretary determines to be

appropriate to carry out this part in an effective and efficient

manner.

(c) Required agreements

The Secretary may not provide assistance for any project under

this part unless the applicant agrees -

(1) to operate the proposed project in accordance with the

provisions of this part;

(2) to conduct an ongoing assessment of the supportive services

required by homeless individuals served by the project and the

availability of such services to such individuals;

(3) to provide such residential supervision as the Secretary

determines is necessary to facilitate the adequate provision of

supportive services to the residents and users of the project;

(4) to monitor and report to the Secretary on the progress of

the project;

(5) to develop and implement procedures to ensure (A) the

confidentiality of records pertaining to any individual provided

family violence prevention or treatment services through any

project assisted under this part, and (B) that the address or

location of any family violence shelter project assisted under

this part will not be made public, except with written

authorization of the person or persons responsible for the

operation of such project;

(6) to the maximum extent practicable, to involve homeless

individuals and families, through employment, volunteer services,

or otherwise, in constructing, rehabilitating, maintaining, and

operating the project assisted under this part and in providing

supportive services for the project; and

(7) to comply with such other terms and conditions as the

Secretary may establish to carry out this part in an effective

and efficient manner.

(d) Occupancy charge

Each homeless individual or family residing in a project

providing supportive housing may be required to pay an occupancy

charge in an amount determined by the recipient providing the

project, which may not exceed the amount determined under section

1437a(a) of this title. Occupancy charges paid may be reserved, in

whole or in part, to assist residents in moving to permanent

housing.

(e) Matching funding

Each recipient shall be required to supplement the amount of

assistance provided under paragraphs (1) and (2) of section

11383(a) of this title with an equal amount of funds from sources

other than this part.

(f) Flood protection standards

Flood protection standards applicable to housing acquired,

rehabilitated, constructed, or assisted under this part shall be no

more restrictive than the standards applicable under Executive

Order No. 11988 (May 24, 1977) to the other programs under this

subchapter.

(g) Participation of homeless individuals

The Secretary shall, by regulation, require each recipient to

provide for the participation of not less than 1 homeless

individual or former homeless individual on the board of directors

or other equivalent policymaking entity of the recipient, to the

extent that such entity considers and makes policies and decisions

regarding any project, supportive services, or assistance provided

under this part. The Secretary may grant waivers to applicants

unable to meet the requirement under the preceding sentence if the

applicant agrees to otherwise consult with homeless or formerly

homeless individuals in considering and making such policies and

decisions.

(h) Limitation on use of funds

No assistance received under this part (or any State or local

government funds used to supplement such assistance) may be used to

replace other State or local funds previously used, or designated

for use, to assist homeless persons.

(i) Limitation on administrative expenses

No recipient may use more than 5 percent of a grant received

under this part for administrative purposes.

(j) Termination of assistance

If an individual or family who receives assistance under this

part (not including residents of an emergency shelter) from a

recipient violates program requirements, the recipient may

terminate assistance in accordance with a formal process

established by the recipient that recognizes the rights of

individuals receiving such assistance to due process of law, which

may include a hearing.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 426, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4018.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Housing Act, referred to in subsec. (a)(2)(G), is title

VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I (Sec. 3601 et seq.)

of chapter 45 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 3601 of

this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(2)(G),

is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI

of the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

The Age Discrimination Act of 1975, referred to in subsec.

(a)(2)(G), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.

728, as amended, which is classified generally to chapter 76 (Sec.

6101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6101 of

this title and Tables.

Executive Order No. 11988, referred to in subsec. (f), is set out

as a note under section 4321 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 11386, Pub. L. 100-77, title IV, Sec. 426, July

22, 1987, 101 Stat. 503, related to establishment of guidelines for

purposes of a supportive housing demonstration program, prior to

repeal by Pub. L. 102-550, Sec. 1403(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11382 of this title.

-End-

-CITE-

42 USC Sec. 11387 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11387. Regulations

-STATUTE-

Not later than the expiration of the 90-day period beginning on

October 28, 1992, the Secretary shall issue interim regulations to

carry out this part, which shall take effect upon issuance. The

Secretary shall issue final regulations to carry out this part

after notice and opportunity for public comment regarding the

interim regulations, pursuant to the provisions of section 553 of

title 5 (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of

such section). The duration of the period for public comment shall

not be less than 60 days, and the final regulations shall be issued

not later than the expiration of the 60-day period beginning upon

the conclusion of the comment period and shall take effect upon

issuance.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 427, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4021.)

-MISC1-

PRIOR PROVISIONS

A prior section 11387, Pub. L. 100-77, title IV, Sec. 427, July

22, 1987, 101 Stat. 504; Pub. L. 100-628, title IV, Sec. 453, Nov.

7, 1988, 102 Stat. 3236, provided for reports to Congress

summarizing the activities carried out under the supportive housing

demonstration program, prior to repeal by Pub. L. 102-550, Sec.

1403(a).

-End-

-CITE-

42 USC Sec. 11388 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11388. Reports to Congress

-STATUTE-

The Secretary shall submit a report to the Congress annually,

summarizing the activities carried out under this part and setting

forth the findings, conclusions, and recommendations of the

Secretary as a result of the activities. The report shall be

submitted not later than 4 months after the end of each fiscal year

(except that, in the case of fiscal year 1993, the report shall be

submitted not later than 6 months after the end of the fiscal

year).

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 428, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4021.)

-MISC1-

PRIOR PROVISIONS

A prior section 11388, Pub. L. 100-77, title IV, Sec. 428, July

22, 1987, 101 Stat. 504; Pub. L. 100-628, title IV, Secs. 454, 455,

Nov. 7, 1988, 102 Stat. 3236; Pub. L. 101-625, title VIII, Sec.

833(a), Nov. 28, 1990, 104 Stat. 4362, authorized appropriations

for the supportive housing demonstration program, prior to repeal

by Pub. L. 102-550, Sec. 1403(a).

-End-

-CITE-

42 USC Sec. 11389 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part C - Supportive Housing Program

-HEAD-

Sec. 11389. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated to carry out this part

$204,000,000 for fiscal year 1993 and $212,568,000 for fiscal year

1994.

(b) Set-asides

Of any amounts appropriated to carry out this part -

(1) not less than 25 percent shall be allocated to projects

designed primarily to serve homeless families with children;

(2) not less than 25 percent shall be allocated to projects

designed primarily to serve homeless persons with disabilities;

and

(3) not less than 10 percent shall be allocated for use only

for providing supportive services under sections 11383(a)(5) and

11385 of this title, not provided in conjunction with supportive

housing.

(c) Reallocations

If, following the receipt of applications for the final funding

round under this part for any fiscal year, any amount set aside for

assistance pursuant to subsection (b) of this section will not be

required to fund the approvable applications submitted for such

assistance, the Secretary shall reallocate such amount for other

assistance pursuant to this part.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 429, as added Pub. L. 102-550,

title XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4021.)

-End-

-CITE-

42 USC Part D - Safe Havens for Homeless Individuals

Demonstration Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

PART D - SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM

-End-

-CITE-

42 USC Sec. 11391 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11391. Establishment of demonstration

-STATUTE-

(a) In general

The Secretary may make grants to applicants to demonstrate the

desirability and feasibility of providing very low-cost housing, to

be known as safe havens, to homeless persons who, at the time, are

unwilling or unable to participate in mental health treatment

programs or to receive other supportive services.

(b) Purposes

The demonstration program carried out under this part shall

demonstrate -

(1) whether and on what basis eligible persons choose to reside

in safe havens;

(2) the extent to which, after a period of residence in a safe

haven, residents are willing to participate in mental health

treatment programs, substance abuse treatment, or other treatment

programs and to move toward a more traditional form of permanent

housing and the availability in the community of such permanent

housing and treatment programs;

(3) whether safe havens are cost-effective in comparison with

other alternatives for eligible persons; and

(4) the various ways in which safe havens may be used to

provide accommodations and low-demand services and referrals for

eligible persons.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 431, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4022.)

-MISC1-

PRIOR PROVISIONS

A prior section 11391, Pub. L. 100-77, title IV, Sec. 431, July

22, 1987, 101 Stat. 504; Pub. L. 100-242, title V, Sec. 570(i)(2),

Feb. 5, 1988, 101 Stat. 1950, provided definitions for a program of

supplemental assistance for facilities to assist the homeless,

prior to repeal by Pub. L. 102-550, Sec. 1403(a).

-End-

-CITE-

42 USC Sec. 11392 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11392. Definitions

-STATUTE-

For purposes of this part:

(1) Applicant

The term "applicant" means a nonprofit corporation, public

nonprofit organization, State, or unit of general local

government.

(2) Eligible person

The term "eligible person" means an individual who -

(A) is seriously mentally ill and resides primarily in a

public or private place not designed for, or ordinarily used

as, a regular sleeping accommodation for human beings, which

may include occasional residence in an emergency shelter; and

(B) is currently unwilling or unable to participate in mental

health or substance abuse treatment programs or to receive

other supportive services.

Such term does not include a person whose sole impairment is

substance abuse.

(3) Facility

The term "facility" means a structure or a clearly identifiable

portion of a structure that is assisted under this part.

(4) Low-demand services and referrals

The term "low-demand services and referrals" means the

provision of health care, mental health, substance abuse, and

other supportive services and referrals for services in a

noncoercive manner, which may include medication management,

education, counseling, job training, and assistance in obtaining

entitlement benefits and in obtaining other supportive services

including mental health treatment and substance abuse treatment.

(5) Nonprofit organization

The term "nonprofit organization" means an organization -

(A) no part of the net earnings of which inures to the

benefit of any member, founder, contributor, or individual;

(B) that has a voluntary board;

(C) that has an accounting system, or has designated a fiscal

agent in accordance with requirements established by the

Secretary; and

(D) that practices nondiscrimination in the provision of

assistance.

(6) Operating costs

The term "operating costs" means expenses incurred by a

recipient operating a safe haven under this part with respect to

-

(A) the operation of the facility, including the cost of

24-hour management, and maintenance, repair, and security;

(B) utilities, fuel, furnishings, and equipment for such

housing; and

(C) other reasonable costs necessary to the operation of the

facility, which may include appropriate outreach and drop-in

services.

(7) Recipient

The term "recipient" means an applicant that receives

assistance under this part.

(8) Safe haven

The term "safe haven" means a facility -

(A) that provides 24-hour residence for eligible persons who

may reside for an unspecified duration;

(B) that provides private or semiprivate accommodations;

(C) that may provide for the common use of kitchen

facilities, dining rooms, and bathrooms;

(D) that may provide supportive services to eligible persons

who are not residents on a drop-in basis; and

(E) in which overnight occupancy is limited to no more than

25 persons.

(9) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

(10) Seriously mentally ill

The term "seriously mentally ill" means having a severe and

persistent mental or emotional impairment that seriously limits a

person's ability to live independently.

(11) State

The term "State" means each of the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Northern Mariana Islands, and Palau.

(12) Unit of general local government

The term "unit of general local government" has the meaning

given the term in section 5302(a) of this title.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 432, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4022.)

-MISC1-

PRIOR PROVISIONS

A prior section 11392, Pub. L. 100-77, title IV, Sec. 432, July

22, 1987, 101 Stat. 505; Pub. L. 100-628, title IV, Secs.

461-463(a), Nov. 7, 1988, 102 Stat. 3236, 3237; Pub. L. 101-625,

title VIII, Sec. 834(b)-(d), Nov. 28, 1990, 104 Stat. 4365, 4366,

provided for supplemental assistance for facilities to assist the

homeless, prior to repeal by Pub. L. 102-550, Sec. 1403(a).

-End-

-CITE-

42 USC Sec. 11393 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11393. Program assistance

-STATUTE-

(a) In general

(1) Eligible activities

The Secretary may provide assistance with respect to a program

under this part for the following activities:

(A) The construction of a structure for use in providing a

safe haven or the acquisition, rehabilitation, or acquisition

and rehabilitation of an existing structure for use in

providing a safe haven.

(B) The leasing of an existing structure for use in providing

a safe haven.

(C) To cover the operating costs of a safe haven.

(D) To cover the costs of administering a safe haven program,

not to exceed 10 percent of the amounts made available for

activities under subparagraphs (A) through (C).

(E) Outreach activities designed to inform eligible persons

about and attract them to a safe haven program.

(F) The provision of low-demand services and referrals for

residents of a safe haven, except that grants under this part

may not be used to cover more than 50 percent of the cost of

such services and referrals.

(G) Other activities that further the purposes of this part,

including the modification of an existing facility to use a

portion of the facility to provide with a safe haven.

(2) Period of assistance

Assistance may be provided to any safe haven program for

activities under subparagraphs (B) through (F) of paragraph (1)

for a period of not more than 5 years, except that the Secretary

may, upon application by the recipient, provide assistance for an

additional period of time, not to exceed 5 years, subject to -

(A) the determination of the Secretary that the performance

of the recipient under this part is satisfactory; and

(B) the availability of appropriations for such purpose.

(3) Limit on amount

The total amount of assistance provided to any recipient under

this subsection may not exceed $400,000 in any 5-year period.

(b) Matching funding

(1) In general

Each recipient shall supplement a grant provided under this

part with an equal amount of funds from sources other than this

part. Each recipient shall certify to the Secretary that it has

complied with this paragraph, and shall include with the

certification a description of the sources and amounts of such

supplemental funds.

(2) Calculation of amounts

In calculating the amount of supplemental funds required under

paragraph (1), a recipient may include any funds derived from

another source, the value of any lease on a building, any salary

paid to staff to carry out the program of the recipient, and the

value of the time and services contributed by volunteers, at a

rate determined by the Secretary, to carry out the program of the

recipient.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 433, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4024.)

-MISC1-

PRIOR PROVISIONS

A prior section 11393, Pub. L. 100-77, title IV, Sec. 433, July

22, 1987, 101 Stat. 507, related to establishment of regulations

for program to provide supplemental assistance for facilities to

assist the homeless, prior to repeal by Pub. L. 102-550, Sec.

1403(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11394 of this title.

-End-

-CITE-

42 USC Sec. 11394 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11394. Program requirements

-STATUTE-

(a) Applications

Applications for assistance under this part shall be submitted by

an applicant in such form and in accordance with such procedures as

the Secretary shall establish, and such applications shall contain

at a minimum -

(1) a description of the proposed facility;

(2) a description of the number and characteristics of the

eligible persons expected to occupy the safe haven;

(3) a plan for identifying and selecting eligible persons to

participate;

(4) a program plan, containing a description of the method -

(A) of operation of the facility, including staffing plans

and facility rules;

(B) by which the applicant will secure supportive services

for residents of the safe haven;

(C) by which the applicant will monitor the willingness of

residents to engage in treatment programs and other supportive

services;

(D) by which access to supportive services will be secured

for residents willing to use them;

(E) by which access to permanent housing with appropriate

services, such as the Shelter Plus Care program under part F of

this subchapter, will be sought after residents are stabilized;

and

(F) by which the applicant will conduct outreach activities

to facilitate the entrance of eligible persons into the safe

haven;

(5) a plan to ensure that adequate security precautions are

taken to make the facility safe for the residents;

(6) an estimate of program costs;

(7) a description of the resources that are expected to be made

available in accordance with section 11393(b) of this title;

(8) assurances satisfactory to the Secretary that the facility

will have 24-hour, on-site management, if practicable;

(9) assurances satisfactory to the Secretary that the facility

will be operated for the purpose specified in the application for

each year in which assistance is provided under this part;

(10) a certification by the public official responsible for

submitting the comprehensive housing affordability strategy under

section 12705 of this title for the State or unit of general

local government within which the facility is located that the

proposed activities are consistent with the approved housing

strategy for such jurisdiction;

(11) a certification that the applicant will comply with the

requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.],

title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et

seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C.

794], and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et

seq.], and will affirmatively further fair housing;

(12) a plan for program evaluation based on information that is

collected on a periodic basis regarding the characteristics of

the residents, including their movement in and out of the safe

haven, their willingness to use low-demand services and

referrals, the availability and quality of services used, and the

movement of residents toward a more traditional form of permanent

housing after a period of residency in the safe haven; and

(13) such other information as the Secretary may require.

(b) Site control

The Secretary shall require that an applicant furnish reasonable

assurances that the applicant will have control of a site for the

proposed facility not later than 1 year after notification of an

award of assistance under this part. If an applicant fails to

obtain control of the site within this period, the grant shall be

recaptured by the Secretary and reallocated for use under this

part.

(c) Selection criteria

The Secretary shall establish selection criteria for selecting

applicants to receive assistance under this part pursuant to a

national competition, which shall include -

(1) the extent to which the applicant demonstrates the ability

to develop and operate a safe haven;

(2) the extent to which there is a need for a safe haven in the

jurisdiction in which the facility will be located;

(3) the extent to which the program would link eligible persons

to permanent housing and supportive services after stabilization

in a safe haven;

(4) the cost-effectiveness of the proposed program;

(5) providing for geographical diversity among applicants

selected to receive assistance;

(6) the extent to which the safe haven would meet the need of

the eligible persons proposed to be served by the safe haven; and

(7) such other factors as the Secretary determines to be

appropriate for purposes of carrying out the program established

under this part in an effective and efficient manner.

(d) Required agreements

The Secretary may not provide assistance under this part for any

safe haven program unless the applicant agrees -

(1) to develop and operate the proposed facility as a safe

haven in accordance with the provisions of this part;

(2) to ensure that the facility meets any standards of

habitability established by the Secretary;

(3) to provide low-demand services and referrals for the

residents of the safe haven;

(4) to prohibit the use of illegal drugs and alcohol in the

facility;

(5) to ensure that adequate security precautions are taken to

make the facility safe for the residents;

(6) not to establish limitations on the duration of residency;

(7) not to require participation in low-demand services and

referrals as a condition of occupancy;

(8) to monitor and report to the Secretary on progress in

carrying out the safe haven program;

(9) to the maximum extent practicable, to involve eligible

persons, through employment, volunteer services, or otherwise, in

renovating, maintaining, and operating facilities assisted under

this part and in providing services assisted under this part;

(10) to provide for the participation of not less than 1

homeless individual or former homeless individual on the board of

directors or other equivalent policymaking entity of such

recipient (in accordance with regulations that the Secretary

shall issue), to the extent that such entity considers and makes

policies and decisions regarding any facility or services

assisted under this part, or to otherwise provide for the

consultation and participation of such an individual in

considering and making such policies and decisions; and

(11) to comply with such other terms and conditions as the

Secretary may establish for purposes of carrying out the program

established under this part in an effective and efficient manner.

The Secretary may waive the applicability of the requirement under

paragraph (10) for an applicant that is unable to meet such

requirement, if the applicant agrees to otherwise consult with

homeless or formerly homeless individuals in considering and making

such policies and decisions.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 434, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4025.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Housing Act, referred to in subsec. (a)(11), is title

VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I (Sec. 3601 et seq.)

of chapter 45 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 3601 of

this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(11), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

The Age Discrimination Act of 1975, referred to in subsec.

(a)(11), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.

728, as amended, which is classified generally to chapter 76 (Sec.

6101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6101 of

this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 11394, Pub. L. 100-77, title IV, Sec. 434, July

22, 1987, 101 Stat. 508; Pub. L. 100-628, title IV, Sec. 464, Nov.

7, 1988, 102 Stat. 3237; Pub. L. 101-625, title VIII, Sec. 834(a),

Nov. 28, 1990, 104 Stat. 4365, authorized appropriations for

supplemental assistance for facilities to assist the homeless,

prior to repeal by Pub. L. 102-550, Sec. 1403(a).

-End-

-CITE-

42 USC Sec. 11395 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11395. Occupancy charge

-STATUTE-

Each eligible person who resides in a facility assisted under

this part shall pay an occupancy charge in an amount determined by

the recipient, but not to exceed the amount determined under

section 1437a(a) of this title. The occupancy charge may be phased

in or reduced based on the type of living accommodations provided.

The recipient may waive occupancy charges for limited periods of

time for residents unwilling or unable to pay them. Occupancy

charges paid may be reserved to assist residents in moving to a

more traditional form of permanent housing.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 435, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4027.)

-End-

-CITE-

42 USC Sec. 11396 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11396. Termination of assistance

-STATUTE-

If an eligible person who resides in a safe haven or who receives

low-demand services or referrals endangers the safety, welfare, or

health of other residents, or repeatedly violates a condition of

occupancy contained in the rules for the safe haven (as set forth

in the application submitted under this part), the recipient may

terminate such residency or assistance in accordance with a formal

process established by the rules for the safe haven, which may

include a hearing.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 436, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4027.)

-End-

-CITE-

42 USC Sec. 11397 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11397. Evaluation and report

-STATUTE-

The Secretary shall conduct an evaluation of the safe haven

demonstration program under this part and shall submit a report to

the Congress, not later than December 31, 1994, which shall set

forth the findings of the Secretary as a result of the evaluation.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 437, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4027.)

-End-

-CITE-

42 USC Sec. 11398 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11398. Regulations

-STATUTE-

(a) In general

The Secretary shall, by notice published in the Federal Register,

establish such requirements as may be necessary to carry out the

amendments made by this part.

(b) Consultation

In establishing requirements to carry out the provisions of this

part, and in considering applications under this part, the

Secretary shall consult with officials of the appropriate agencies

of the Department of Health and Human Services and with

representative provider and public interest groups.

(c) Eligibility for SSI and medicaid

(1) Supplemental security income

All provisions of the Supplemental Security Income program

under title XVI of the Social Security Act [42 U.S.C. 1381 et

seq.] and of State programs in supplementation thereof shall

apply to participants in the safe havens demonstration program

under this part, except that no individual living in a safe haven

shall -

(A) be considered an inmate of a public institution (as

provided in section 1611(e)(1)(A) of such Act [42 U.S.C.

1382(e)(1)(A)]); or

(B) have benefits under such title XVI [42 U.S.C. 1381 et

seq.] reduced or terminated because of the receipt of support

and maintenance (as provided in section 1612(a)(2)(A) of such

Act [42 U.S.C. 1382a(a)(2)(A)]), to the extent such support and

maintenance is received as a result of participation in the

safe havens demonstration program.

(2) Medicaid

A safe haven shall not be considered a hospital, nursing

facility, institution for mental disease as defined under section

1905(i) of the Social Security Act [42 U.S.C. 1396d(i)], or any

other inpatient facility, for purposes of the program under title

XIX of such Act [42 U.S.C. 1396 et seq.], and individuals shall

not be denied eligibility for medicaid because of residency in

such residence.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 438, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4027.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI and XIX of

the Act are classified generally to subchapters XVI (Sec. 1381 et

seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of

this title. For complete classification of this Act to the Code,

see section 1305 of this title and Tables.

-End-

-CITE-

42 USC Sec. 11399 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part D - Safe Havens for Homeless Individuals Demonstration Program

-HEAD-

Sec. 11399. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$62,000,000 for fiscal year 1993 and $64,604,000 for fiscal year

1994.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 439, as added Pub. L. 102-550,

title XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4028.)

-End-

-CITE-

42 USC Part E - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part E - Miscellaneous Provisions

-HEAD-

PART E - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 11401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part E - Miscellaneous Provisions

-HEAD-

Sec. 11401. Section 1437f assistance for single room occupancy

dwellings

-STATUTE-

(a) Increase in budget authority

The budget authority available under section 1437c(c) of this

title for assistance under section 1437f(e)(2) (!1) of this title

is authorized to be increased by $105,000,000 on or after October

1, 1992, and by $109,410,000 on or after October 1, 1993.

(b) Use of funds

The amounts made available under this section shall be used only

in connection with the moderate rehabilitation of housing described

in section 1437f(n) (!1) of this title for occupancy by homeless

individuals, except that amounts made available under this section

may be used in connection with the moderate rehabilitation of

efficiency units if the building owner agrees to pay the additional

cost of rehabilitating and operating such units.,(!2) and except

that the Secretary may provide amounts available under this section

to private nonprofit organizations that submit applications for

such assistance that are approved by the Secretary.

(c) Allocation

The amounts made available under this section shall be allocated

by the Secretary of Housing and Urban Development on the basis of a

national competition to the applicants that best demonstrate a need

for the assistance under this section and the ability to undertake

and carry out a program to be assisted under this section. To be

considered for assistance under this section, an applicant shall

submit to the Secretary of Housing and Urban Development a written

proposal containing -

(1) a description of the size and characteristics of the

population within the applicant's jurisdiction that would occupy

single room occupancy dwellings;

(2) a listing of additional commitments from public and private

sources that the applicant might be able to provide in connection

with the program;

(3) an inventory of suitable housing stock to be rehabilitated

with such assistance;

(4) a description of the interest that has been expressed by

builders, developers, and others (including profit and nonprofit

organizations) in participating in the program; and

(5) assurances satisfactory to the Secretary that the

applicant, to the maximum extent practicable, will involve

homeless individuals and families, through employment, volunteer

services, or otherwise, in rehabilitating and operating

facilities assisted under this section and in providing services

for occupants of such facilities.

No single city or urban county shall be eligible to receive more

than 10 percent of the assistance made available under this

section.

(d) Fire and safety improvements

Each contract for housing assistance payments entered into with

the authority provided under this section shall require the

installation of a sprinkler system that protects all major spaces,

hard wired smoke detectors, and such other fire and safety

improvements as may be required by State or local law. For purposes

of this subsection, the term "major spaces" means hallways, large

common areas, and other areas specified in local fire, building, or

safety codes.

(e) Cost limitation

(1) The total cost of rehabilitation that may be compensated for

in a contract for housing assistance payments entered into with the

authority provided under this section shall not exceed $14,000 per

unit, plus the expenditures required by subsection (d) of this

section.

(2) The Secretary of Housing and Urban Development shall increase

the limitation contained in paragraph (1) by an amount the

Secretary determines is reasonable and necessary to accommodate

special local conditions, including -

(A) high construction costs; or

(B) stringent fire or building codes.

(3) The Secretary of Housing and Urban Development shall increase

the limitation in paragraph (1) on October 1 of each year by an

amount necessary to take into account increases in construction

costs during the previous 12-month period.

(f) Contract requirements

Each contract for annual contributions entered into with a (!3)

approved applicant to obligate the authority made available under

this section shall -

(1) commit the Secretary of Housing and Urban Development to

make such authority available to the approved applicant for an

aggregate period of 10 years, and require that any amendments

increasing such authority shall be available for the remainder of

such 10-year period;

(2) provide the Secretary of Housing and Urban Development with

the option to renew the contract for an additional period of 10

years, subject to the availability of appropriations; and

(3) provide that, notwithstanding any other provision of law,

first priority for occupancy of housing rehabilitated under this

section shall be given to homeless individuals.

(g) Repealed. Pub. L. 104-330, title V, Sec. 506(a)(8)(A), Oct. 26,

1996, 110 Stat. 4044

(h) Participation of homeless individuals

The Secretary shall, by regulation, require each approved

applicant receiving assistance under this section that is not a

public housing agency to provide for the participation of not less

than one homeless individual or former homeless individual on the

board of directors or other equivalent policymaking entity of such

applicant, to the extent that such entity considers and makes

policies and decisions regarding the rehabilitation of any housing

with assistance under this section. The Secretary may grant waivers

to approved applicants unable to meet the requirements under the

preceding sentence if the applicant agrees to otherwise consult

with homeless or formerly homeless individuals in considering and

making such policies and decisions.

(i) Termination of assistance

If an individual or family who receives assistance under this

section violates program requirements, the recipient of amounts

made available under this section may terminate assistance in

accordance with a formal process established by the recipient that

recognizes the rights of individuals receiving such assistance to

due process of law.

(j) Definitions

For purposes of this section -

(1) the term "applicant" means a public housing agency, or

private nonprofit organization that applies for assistance under

this section; and

(2) the term "private nonprofit organization" means an

organization -

(A) no part of the net earnings of which inures to the

benefit of any member, founder, contributor, or individual;

(B) that has a voluntary board;

(C) that has an accounting system, or has designated a fiscal

agent in accordance with requirements established by the

Secretary; and

(D) that practices nondiscrimination in the provision of

assistance.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 441, July 22, 1987, 101 Stat. 508;

Pub. L. 100-628, title IV, Sec. 481(a)-(d)(1), Nov. 7, 1988, 102

Stat. 3237, 3238; Pub. L. 101-625, title VIII, Sec. 835, Nov. 28,

1990, 104 Stat. 4366; Pub. L. 102-550, title XIV, Sec. 1405(a)-(d),

Oct. 28, 1992, 106 Stat. 4028, 4029; Pub. L. 104-330, title V, Sec.

506(a)(8), Oct. 26, 1996, 110 Stat. 4044.)

-REFTEXT-

REFERENCES IN TEXT

Section 1437f(e)(2) of this title, referred to in subsec. (a),

was repealed effective Oct. 1, 1991, but to remain in effect with

respect to single room occupancy dwellings as authorized by this

subchapter, see section 12839(b) of this title.

Section 1437f(n) of this title, referred to in subsec. (b), was

repealed by Pub. L. 105-276, title V, Sec. 550(a)(7), Oct. 21,

1998, 112 Stat. 2609.

-MISC1-

AMENDMENTS

1996 - Subsec. (g). Pub. L. 104-330, Sec. 506(a)(8)(A), struck

out heading and text of subsec. (g). Text read as follows: "Amounts

made available for assistance under this section shall be available

through contracts between the Secretary and Indian housing

authorities, and the provisions of this section regarding public

housing authorities shall include and apply to Indian housing

authorities."

Subsec. (h). Pub. L. 104-330, Sec. 506(a)(8)(B), struck out "or

Indian housing authority" after "public housing agency".

Subsec. (j)(1). Pub. L. 104-330, Sec. 506(a)(8)(C), struck out ",

Indian housing authority" after "public housing agency".

1992 - Subsec. (a). Pub. L. 102-550, Sec. 1405(a), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "The budget authority available under section 1437c(c) of

this title for assistance under section 1437f(e)(2) of this title

is authorized to be increased by $79,000,000 on or after October 1,

1990, and by $82,400,000 on or after October 1, 1991."

Subsec. (b). Pub. L. 102-550, Sec. 1405(b)(1), inserted before

period at end ", and except that the Secretary may provide amounts

available under this section to private nonprofit organizations

that submit applications for such assistance that are approved by

the Secretary".

Subsec. (c)(5). Pub. L. 102-550, Sec. 1405(c), added par. (5).

Subsec. (f). Pub. L. 102-550, Sec. 1405(b)(2), substituted

"approved applicant" for "public housing agency" in introductory

provisions and par. (1).

Subsecs. (h), (i). Pub. L. 102-550, Sec. 1405(d), added subsecs.

(h) and (i).

Subsec. (j). Pub. L. 102-550, Sec. 1405(b)(3), added subsec. (j).

1990 - Subsec. (a). Pub. L. 101-625, Sec. 835(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The budget authority available under section 1437c(c) of this

title for assistance under section 1437f(e)(2) of this title is

authorized to be increased by $50,000,000 on or after October 1,

1988, and by $50,000,000 on or after October 1, 1989."

Subsec. (g). Pub. L. 101-625, Sec. 835(b), added subsec. (g).

1988 - Subsec. (a). Pub. L. 100-628, Sec. 481(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The budget authority available under section 1437c(c) of this

title for assistance under section 1437f(e)(2) of this title is

authorized to be increased by $35,000,000 on or after October 1,

1986, and by $35,000,000 on or after October 1, 1987."

Subsec. (b). Pub. L. 100-628, Sec. 481(b), inserted before period

at end ", except that amounts made available under this section may

be used in connection with the moderate rehabilitation of

efficiency units if the building owner agrees to pay the additional

cost of rehabilitating and operating such units."

Subsec. (d). Pub. L. 100-628, Sec. 481(c), inserted sentence

defining "major spaces".

Subsec. (e)(3). Pub. L. 100-628, Sec. 481(d)(1), added par. (3).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 481(d)(2) of Pub. L. 100-628 provided that: "The first

increase under the amendment made by paragraph (1) [amending this

section] shall be effective with respect to assistance provided on

or after October 1, 1988."

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The period before the comma probably should

not appear.

(!3) So in original. Probably should be "an".

-End-

-CITE-

42 USC Sec. 11402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part E - Miscellaneous Provisions

-HEAD-

Sec. 11402. Environmental review

-STATUTE-

For purposes of environmental review, assistance and projects

under this subchapter shall be treated as assistance for special

projects that are subject to section 3547 of this title, and shall

be subject to the regulations issued by the Secretary to implement

such section.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 443, as added Pub. L. 100-628,

title IV, Sec. 482(a), Nov. 7, 1988, 102 Stat. 3238; amended Pub.

L. 106-377, Sec. 1(a)(1) [title II, Sec. 208], Oct. 27, 2000, 114

Stat. 1441, 1441A-25.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-377 amended section catchline and text

generally. Prior to amendment, text read as follows: "The

provisions of, and regulations and procedures applicable under,

section 5304(g) of this title shall apply to assistance and

projects under this subchapter."

-End-

-CITE-

42 USC Part F - Shelter Plus Care Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

-HEAD-

PART F - SHELTER PLUS CARE PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 11394 of this title.

-End-

-CITE-

42 USC subpart i - general requirements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

SUBPART I - GENERAL REQUIREMENTS

-End-

-CITE-

42 USC Sec. 11403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403. Purpose

-STATUTE-

The purpose of the program authorized under this part is to

provide rental housing assistance, in connection with supportive

services funded from sources other than this part, to homeless

persons with disabilities (primarily persons who are seriously

mentally ill, have chronic problems with alcohol, drugs, or both,

or have acquired immunodeficiency syndrome and related diseases)

and the families of such persons.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 451, as added Pub. L. 101-625,

title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4367.)

-MISC1-

ESTABLISHMENT OF REQUIREMENTS BY NOTICE; ISSUANCE OF REGULATIONS

Section 837(b) of Pub. L. 101-625, as amended by Pub. L. 106-400,

Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided that: "Not later

than 180 days after the date funds authorized under section 459 of

the McKinney-Vento Homeless Assistance Act [section 11403h of this

title], as amended by this section, first become available for

obligation, the Secretary shall by notice establish such

requirements as may be necessary to carry out the provisions of

subtitle F of that Act [this part]. Such requirements shall be

subject to section 553 of title 5, United States Code. The

Secretary shall issue regulations based on the initial notice

before the expiration of the eight-month period following the date

of the notice. The Secretary shall issue regulations based on the

initial notice before the expiration of the 8-month period

following the date of the notice. In developing program guidelines

and regulations to implement such subtitle, the Secretary of

Housing and Urban Development may consult with the Secretary of

Health and Human Services with respect to supportive services

aspects of this subtitle [subtitle C (Secs. 821-841) of title VIII

of Pub. L. 101-625, see Tables for classification]."

-End-

-CITE-

42 USC Sec. 11403a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403a. Rental housing assistance

-STATUTE-

(a) In general

The Secretary is authorized, in accordance with the provisions of

this subpart, to provide rental housing assistance under subparts

II, III, IV, and V of this part.

(b) Funding limitations

To the maximum extent practicable, the Secretary shall reserve

not less than 50 percent of all funds provided under this part for

homeless individuals who are seriously mentally ill or have chronic

problems with alcohol, drugs, or both.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 452, as added Pub. L. 101-625,

title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4367; amended

Pub. L. 102-550, title XIV, Sec. 1406(g)(2), Oct. 28, 1992, 106

Stat. 4034.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-550 substituted "IV, and V" for

"and IV".

-End-

-CITE-

42 USC Sec. 11403b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403b. Supportive services requirements

-STATUTE-

(a) Matching funding

(1) In general

Each recipient shall be required to supplement the assistance

provided under this part with an equal amount of funds for

supportive services from sources other than this part. Each

recipient shall certify to the Secretary its compliance with this

paragraph, and shall include with the certification a description

of the sources and amounts of such supplemental funds.

(2) Determination of matching amounts

In calculating the amount of supplemental funds provided under

this part, a recipient may include the value of any lease on a

building, any salary paid to staff to carry out the program of

the recipient, and the value of the time and services contributed

by volunteers to carry out the program of the recipient at a rate

determined by the Secretary.

(b) Recapture

If the supportive services and funding for the supportive

services required by this section are not provided, the Secretary

may recapture any unexpended housing assistance.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 453, as added Pub. L. 101-625,

title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4367.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11403c of this title.

-End-

-CITE-

42 USC Sec. 11403c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403c. Applications

-STATUTE-

(a) In general

An application for rental housing assistance under this part

shall be submitted by an applicant in such forms and in accordance

with such procedures as the Secretary shall establish.

(b) Minimum contents

The Secretary shall require that an application identify the need

for the assistance in the community to be served and shall contain

at a minimum -

(1) a request for housing assistance under subpart II, III, IV,

or V of this part, or a combination, specifying the number of

units requested and the amount of necessary budget authority;

(2) a description of the size and characteristics of the

population of eligible persons;

(3) an identification of the need for the program in the

community to be served;

(4) the identity of the proposed service provider or providers

(which may be, or include, the applicant) and a statement of the

qualifications of the provider or providers;

(5) a description of the supportive services that the applicant

proposes to assure will be available for eligible persons;

(6) a description of the resources that are expected to be made

available to provide the supportive services required by section

11403b of this title;

(7) a description of the mechanisms for developing a housing

and supportive services plan for each person and for monitoring

each person's progress in meeting that plan;

(8) reasonable assurances satisfactory to the Secretary that

the supportive services will be provided for the full term of the

housing assistance under subpart II, III, IV, or V of this part,

or a combination; and a certification from the applicant that it

will fund the supportive services itself if the planned resources

do not become available for any reason;

(9) a certification by the public official responsible for

submitting the comprehensive housing affordability strategy under

section 12705 of this title that the proposed activities are

consistent with the approved housing strategy of the unit of

general local government within which housing assistance under

this part will be provided;

(10) a plan for -

(A) in the case of rental housing assistance under subpart

II,(!1) or III of this part, providing housing assistance;

(B) identifying and selecting eligible persons to

participate, including a proposed definition of the term

"chronic problems with alcohol, other drugs, or both";

(C) coordinating the provision of housing assistance and

supportive services;

(D) ensuring that the service providers are providing

supportive services adequate to meet the needs of the persons

served;

(E) obtaining participation of eligible persons who have

previously not been assisted under programs designed to assist

the homeless or have been considered not capable of

participation in these programs; this plan shall specifically

address how homeless persons, as defined in section

11302(a)(2)(C) of this title, (and the families of such

persons) will be brought into the program;

(11) in the case of housing assistance under subpart V of this

part, identification of the specific structures that the

recipient is proposing for assistance; and

(12) in the case of housing assistance under subpart IV of this

part, identification of the nonprofit entity that will be the

owner or lessor of the property, and identification of the

specific structures in which the nonprofit entity proposes to

house eligible persons.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 454, as added Pub. L. 101-625,

title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4367; amended

Pub. L. 102-550, title XIV, Sec. 1406(g)(3), Oct. 28, 1992, 106

Stat. 4034.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(1), (8). Pub. L. 102-550, Sec. 1406(g)(3)(A),

(B), substituted "IV, or V" for "or IV".

Subsec. (b)(10)(A). Pub. L. 102-550, Sec. 1406(g)(3)(C), inserted

", or III" after "subpart II".

Subsec. (b)(11). Pub. L. 102-550, Sec. 1406(g)(3)(D), substituted

"subpart V of this part" for "subpart III of this part" and

"proposing for assistance" for "proposing for rehabilitation and

assistance".

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 11403d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403d. Selection criteria

-STATUTE-

(a) In general

The Secretary shall establish selection criteria for a national

competition for assistance under this part, which shall include -

(1) the ability of the applicant to develop and operate the

proposed assisted housing and supportive services program, taking

into account the quality of any ongoing program of the applicant;

(2) geographic diversity among the projects to be assisted;

(3) the need for a program providing housing assistance and

supportive services for eligible persons in the area to be

served;

(4) the quality of the proposed program for providing

supportive services and housing assistance;

(5) the extent to which the proposed funding for the supportive

services is or will be available;

(6) the extent to which the project would meet the needs of the

homeless persons proposed to be served by the program;

(7) the extent to which the program integrates program

recipients into the community served by the program;

(8) the cost-effectiveness of the proposed program; and

(9) such other factors as the Secretary specifies in

regulations to be appropriate for purposes of carrying out the

program established by this part in an effective and efficient

manner.

(b) Funding limitation

No more than 10 percent of the assistance made available under

this part for any fiscal year may be used for programs located

within any one unit of general local government.

(c) Participation of homeless individuals

The Secretary shall, by regulation, require each recipient to

provide for the consultation and participation of not less than one

homeless individual or former homeless individual on the board of

directors or other equivalent policymaking entity of the recipient,

to the extent that such entity considers and makes policies and

decisions regarding any housing assisted under this part or

services for such housing. The Secretary may grant waivers to

recipients unable to meet the requirement under the preceding

sentence if the recipient agrees to otherwise consult with homeless

or formerly homeless individuals in considering and making such

policies and decisions.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 455, as added Pub. L. 101-625,

title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4369; amended

Pub. L. 102-550, title XIV, Sec. 1406(b), Oct. 28, 1992, 106 Stat.

4030.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-550 added subsec. (c).

-End-

-CITE-

42 USC Sec. 11403e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403e. Required agreements

-STATUTE-

The Secretary may not approve assistance under this part unless

the applicant agrees -

(1) to operate the proposed program in accordance with the

provisions of this part;

(2) to conduct an ongoing assessment of the housing assistance

and supportive services required by the participants in the

program;

(3) to assure the adequate provision of supportive services to

the participants in the program;

(4) to comply with such other terms and conditions as the

Secretary may establish for purposes of carrying out the program

in an effective and efficient manner; and

(5) to the maximum extent practicable, to involve homeless

individuals and families, through employment volunteer services,

or otherwise, in constructing or rehabilitating housing assisted

under this part and in providing services required under this

part.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 456, as added Pub. L. 101-625,

title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4369; amended

Pub. L. 102-550, title XIV, Sec. 1406(c), Oct. 28, 1992, 106 Stat.

4030.)

-MISC1-

AMENDMENTS

1992 - Par. (5). Pub. L. 102-550 added par. (5).

-End-

-CITE-

42 USC Sec. 11403e-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403e-1. Housing standards and rent reasonableness

-STATUTE-

(a) Standards required

The Secretary shall require that -

(1) before any assistance may be provided to or on behalf of

the person, each unit shall be inspected by the applicant

directly or by another entity, including the local public housing

agency, to determine that the unit meets the housing quality

standards under section 1437f of this title and that the

occupancy charge for the dwelling unit is reasonable; and

(2) the recipient shall make at least annual inspections of

each unit during the contract term.

(b) Prohibition

No assistance may be provided for a dwelling unit (1) for which

the occupancy charge is not reasonable, or (2) which fails to meet

the housing standards, unless the owner promptly corrects the

deficiency and the recipient verifies the correction.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 457, formerly Sec. 464, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4371; renumbered Sec. 457 and amended Pub. L. 102-550, title XIV,

Sec. 1406(e)(4), Oct. 28, 1992, 106 Stat. 4031.)

-COD-

CODIFICATION

Section was formerly classified to section 11404c of this title

prior to renumbering by Pub. L. 102-550.

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-550 struck out "(or if no such

agency exists in the applicable area, an entity selected by the

Secretary)" after "public housing agency".

-End-

-CITE-

42 USC Sec. 11403e-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403e-2. Tenant rent

-STATUTE-

Each tenant shall pay as rent an amount determined in accordance

with the provisions of section 1437a(a)(1) of this title.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 458, formerly Sec. 465, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4372; renumbered Sec. 458, Pub. L. 102-550, title XIV, Sec.

1406(e)(5), Oct. 28, 1992, 106 Stat. 4031.)

-COD-

CODIFICATION

Section was formerly classified to section 11404d of this title

prior to renumbering by Pub. L. 102-550.

-End-

-CITE-

42 USC Sec. 11403e-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403e-3. Administrative fees

-STATUTE-

From amounts made available under appropriations Acts, the

Secretary shall make amounts available to pay the entity

administering the housing assistance an administrative fee in an

amount determined appropriate by the Secretary for the costs of

administering the housing assistance.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 459, formerly Sec. 466, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4372; renumbered Sec. 459, Pub. L. 102-550, title XIV, Sec.

1406(e)(5), Oct. 28, 1992, 106 Stat. 4031.)

-COD-

CODIFICATION

Section was formerly classified to section 11404e of this title

prior to renumbering by Pub. L. 102-550.

-End-

-CITE-

42 USC Sec. 11403e-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403e-4. Occupancy

-STATUTE-

(a) Occupancy agreement

The occupancy agreement between a tenant and an owner of a

dwelling unit assisted under this part shall be for at least one

month.

(b) Vacancy payments

If an eligible person vacates a dwelling unit assisted under this

part before the expiration of the occupancy agreement, no

assistance payment may be made with respect to the unit after the

month that follows the month during which the unit was vacated,

unless it is occupied by another eligible person.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 460, as added Pub. L. 102-550,

title XIV, Sec. 1406(e)(6), Oct. 28, 1992, 106 Stat. 4031.)

-End-

-CITE-

42 USC Sec. 11403f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403f. Termination of assistance

-STATUTE-

(a) Authority

If an eligible individual who receives assistance under this part

violates program requirements, the recipient may terminate

assistance in accordance with the process established pursuant to

subsection (b) of this section.

(b) Procedure

In terminating assistance under this section, the recipient shall

provide a formal process that recognizes the rights of individuals

receiving such assistance to due process of law.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 461, formerly Sec. 457, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4369; renumbered Sec. 461, Pub. L. 102-550, title XIV, Sec.

1406(e)(1), Oct. 28, 1992, 106 Stat. 4031.)

-MISC1-

PRIOR PROVISIONS

A prior section 461 of Pub. L. 100-77 was classified to section

11404 of this title prior to repeal by Pub. L. 102-550.

-End-

-CITE-

42 USC Sec. 11403g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403g. Definitions

-STATUTE-

For purposes of this part:

(1) The term "acquired immunodeficiency syndrome and related

diseases" has the meaning given such term in section 12902 of

this title.

(2) The term "applicant" means a State, unit of general local

government or public housing agency.

(3) The term "eligible person" means a homeless person with

disabilities (primarily persons who are seriously mentally ill,

have chronic problems with alcohol, drugs, or both, or have

acquired immunodeficiency syndrome and related diseases) and the

family of such a person.

(4) Repealed. Pub. L. 104-330, title V, Sec. 506(a)(9)(B), Oct.

26, 1996, 110 Stat. 4045.

(5) The term "nonprofit organization" has the meaning given

such term by section 12704 of this title, and includes community

mental health centers established as public nonprofit

organizations.

(6) The term "person with disabilities" has the same meaning

given the term in section 8013 of this title.

(7) The term "public housing agency" has the meaning given such

term in section 1437a(b)(6) of this title.

(8) The term "recipient" means an applicant approved for

participation in the program authorized under this part.

(9) The term "Secretary" means the Secretary of Housing and

Urban Development.

(10) The term "seriously mentally ill" means having a severe

and persistent mental or emotional impairment that seriously

limits a person's ability to live independently.

(11) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and any other territory

or possession of the United States.

(12) The term "supportive services" means assistance that the

Secretary determines (A) addresses the special needs of eligible

persons; and (B) provides appropriate services or assists such

persons in obtaining appropriate services, including health care,

mental health services, substance and alcohol abuse services,

child care services, case management services, counseling,

supervision, education, job training, and other services

essential for achieving and maintaining independent living.

Inpatient acute hospital care shall not qualify as a supportive

service.

(13) The term "unit of general local government" has the

meaning given such term in section 5302 of this title.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 462, formerly Sec. 458, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4369; renumbered Sec. 462 and amended Pub. L. 102-550, title XIV,

Sec. 1406(e)(2), Oct. 28, 1992, 106 Stat. 4031; Pub. L. 104-330,

title V, Sec. 506(a)(9), Oct. 26, 1996, 110 Stat. 4045.)

-MISC1-

PRIOR PROVISIONS

A prior section 462 of Pub. L. 100-77 was renumbered section 472

and is classified to section 11404a of this title.

AMENDMENTS

1996 - Par. (2). Pub. L. 104-330, Sec. 506(a)(9)(A), struck out

", Indian tribe," after "local government".

Par. (4). Pub. L. 104-330, Sec. 506(a)(9)(B), struck out par. (4)

which read as follows: "The term 'Indian tribe' has the meaning

given such term in section 5302 of this title."

1992 - Par. (2). Pub. L. 102-550, Sec. 1406(e)(2)(A), added par.

(2) and struck out former par. (2) which read as follows: "The term

'applicant' means -

"(A) in the case of rental housing assistance under subparts II

and IV of this part, a State, unit of general local government,

or Indian tribe; and

"(B) in the case of single room occupancy housing under the

section 8 moderate rehabilitation program under subpart III of

this part (i) a State, unit of general local government, or

Indian tribe (that shall be responsible for assuring the

provision of supportive services and the overall administration

of the program), and (ii) a public housing agency (that shall be

primarily responsible for administering the housing assistance

under subpart III of this part)."

Par. (5). Pub. L. 102-550, Sec. 1406(e)(2)(B), inserted before

period at end ", and includes community mental health centers

established as public nonprofit organizations".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 11403h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart i - general requirements

-HEAD-

Sec. 11403h. Authorization of appropriations

-STATUTE-

(a) In general

For purposes of the housing programs under this part, there are

authorized to be appropriated $266,550,000 for fiscal year 1993 and

$277,745,100 for fiscal year 1994. Of any amount appropriated in

any fiscal year to carry out this part -

(1) not less than 10 percent shall be available only for

carrying out subpart II of this part;

(2) not less than 10 percent shall be available only for

carrying out subpart III of this part;

(3) not less than 10 percent shall be available only for

carrying out subpart IV of this part; and

(4) not less than 10 percent shall be available only for

carrying out subpart V of this part.

(b) Availability

Sums appropriated under this section shall remain available until

expended.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 463, formerly Sec. 459, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4370; renumbered Sec. 463 and amended Pub. L. 102-550, title XIV,

Sec. 1406(a), (e)(3), Oct. 28, 1992, 106 Stat. 4029, 4031.)

-MISC1-

PRIOR PROVISIONS

A prior section 463 of Pub. L. 100-77 was renumbered section 473

and is classified to section 11404b of this title.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-550, Sec. 1406(a)(1), added

subsec. (a) and struck out former subsec. (a) which authorized

appropriations for subpart II of this part for fiscal years 1991

and 1992.

Subsecs. (b) to (d). Pub. L. 102-550, Sec. 1406(a)(2), (3),

redesignated subsec. (d) as (b) and struck out former subsec. (b)

which increased budget authority for the program under subpart III

of this part for fiscal years 1991 and 1992 and former subsec. (c)

which authorized appropriations for subpart IV of this part for

fiscal years 1991 and 1992.

TRANSITIONAL PROVISIONS; AVAILABILITY OF APPROPRIATIONS

Section 837(c) of Pub. L. 101-625, as amended by Pub. L. 102-27,

title II, Apr. 10, 1991, 105 Stat. 151, provided that amounts

appropriated for use under part D of this subchapter as it existed

before Nov. 28, 1990, were to be available for use under this part.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11404, 11405, 11406,

11407, 11407b of this title.

-End-

-CITE-

42 USC subpart ii - tenant-based rental assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart ii - tenant-based rental assistance

-HEAD-

SUBPART II - TENANT-BASED RENTAL ASSISTANCE

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 11403a, 11403c, 11403h of

this title.

-End-

-CITE-

42 USC Sec. 11404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart ii - tenant-based rental assistance

-HEAD-

Sec. 11404. Authority

-STATUTE-

The Secretary may use amounts made available under section 11403h

of this title to provide tenant-based rental housing assistance for

eligible persons in accordance with this subpart.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 471, as added Pub. L. 102-550,

title XIV, Sec. 1406(d)(3), Oct. 28, 1992, 106 Stat. 4030.)

-MISC1-

PRIOR PROVISIONS

A prior section 11404, Pub. L. 100-77, title IV, Sec. 461, as

added Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104

Stat. 4371, authorized use of appropriations for provision of

rental housing assistance to homeless in accordance with shelter

plus care program, prior to repeal by Pub. L. 102-550, title XIV,

Sec. 1406(d)(3), Oct. 28, 1992, 106 Stat. 4030.

A prior section 471 of Pub. L. 100-77 was classified to section

11405 of this title prior to repeal by Pub. L. 102-550.

-End-

-CITE-

42 USC Sec. 11404a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart ii - tenant-based rental assistance

-HEAD-

Sec. 11404a. Housing assistance

-STATUTE-

An eligible person on behalf of whom assistance is provided under

this subpart shall select the unit in which such person will live

using rental assistance under this subpart; except that where

necessary to assure that the provision of supportive services to

persons is feasible, a recipient may require that a person

participating in the program live (1) in a particular structure or

unit for up to the first year of participation, and (2) within a

particular geographic area for the full period of participation or

the period remaining after the period referred to in paragraph (!1)

(1).

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 472, formerly Sec. 462, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4371; renumbered Sec. 472 and amended Pub. L. 102-550, title XIV,

Sec. 1406(d)(4), Oct. 28, 1992, 106 Stat. 4031.)

-MISC1-

PRIOR PROVISIONS

A prior section 472 of Pub. L. 100-77 was classified to section

11405a of this title prior to repeal by Pub. L. 102-550.

AMENDMENTS

1992 - Pub. L. 102-550 substituted "An eligible person on behalf

of whom assistance is provided under this subpart shall select the

unit in which such person will live using rental assistance under

this subpart; except that where" for "Where".

-FOOTNOTE-

(!1) So in original. Probably should be "clause".

-End-

-CITE-

42 USC Sec. 11404b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart ii - tenant-based rental assistance

-HEAD-

Sec. 11404b. Amount of assistance

-STATUTE-

The contract with a recipient for assistance under this subpart

shall be for a term of 5 years. Each contract shall provide that

the recipient shall receive aggregate amounts not to exceed the

appropriate existing housing fair market rent limitation under

section 1437f(c) of this title in effect at the time the

application is approved. At the option of the recipient and subject

to the availability of such amounts, the recipient may receive in

any year (1) up to 25 percent of such amounts or (2) such higher

percentage as the Secretary may approve upon a demonstration

satisfactory to the Secretary that the recipient has entered into

firm financial commitments to ensure that the housing assistance

described in the application will be provided for the full term of

the contract. Any amounts not needed for a year may be used to

increase the amount available in subsequent years.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 473, formerly Sec. 463, as added

Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat.

4371; renumbered Sec. 473 and amended Pub. L. 102-550, title XIV,

Sec. 1406(d)(5), Oct. 28, 1992, 106 Stat. 4031.)

-MISC1-

PRIOR PROVISIONS

A prior section 473 of Pub. L. 100-77 was classified to section

11405b of this title prior to repeal by Pub. L. 102-550.

AMENDMENTS

1992 - Pub. L. 102-550 struck out at end "Each recipient shall

ensure that the assistance provided by the Secretary, and any

amounts provided from other sources, are managed so that the

housing assistance described in the application is provided for the

full term of the assistance."

-End-

-CITE-

42 USC Secs. 11404c to 11404e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart ii - tenant-based rental assistance

-HEAD-

Secs. 11404c to 11404e. Transferred

-COD-

CODIFICATION

Section 11404c, Pub. L. 100-77, title IV, Sec. 464, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4371,

which provided for housing standards and rent reasonableness, was

renumbered section 457 of Pub. L. 100-77 and amended by Pub. L.

102-550, title XIV, Sec. 1406(e)(4), Oct. 28, 1992, 106 Stat. 4031,

and transferred to section 11403e-1 of this title.

Section 11404d, Pub. L. 100-77, title IV, Sec. 465, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4372,

which provided for payment of rent by tenants, was renumbered

section 458 of Pub. L. 100-77 by Pub. L. 102-550, title XIV, Sec.

1406(e)(5), Oct. 28, 1992, 106 Stat. 4031, and transferred to

section 11403e-2 of this title.

Section 11404e, Pub. L. 100-77, title IV, Sec. 466, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4372,

which provided for payment of administrative fees, was renumbered

section 459 of Pub. L. 100-77 by Pub. L. 102-550, title XIV, Sec.

1406(e)(5), Oct. 28, 1992, 106 Stat. 4031, and transferred to

section 11403e-3 of this title.

-End-

-CITE-

42 USC subpart iii - project-based rental assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iii - project-based rental assistance

-HEAD-

SUBPART III - PROJECT-BASED RENTAL ASSISTANCE

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 11403a, 11403c, 11403h of

this title.

-End-

-CITE-

42 USC Sec. 11405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iii - project-based rental assistance

-HEAD-

Sec. 11405. Authority

-STATUTE-

The Secretary may use amounts made available under section 11403h

of this title to provide project-based rental housing assistance

for eligible persons in accordance with this subpart.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 476, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4032.)

-MISC1-

PRIOR PROVISIONS

A prior section 11405, Pub. L. 100-77, title IV, Sec. 471, as

added Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104

Stat. 4372, authorized use of appropriations in connection with

moderate rehabilitation of single room occupancy housing, prior to

repeal by Pub. L. 102-550, Sec. 1406(d)(2).

-End-

-CITE-

42 USC Sec. 11405a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iii - project-based rental assistance

-HEAD-

Sec. 11405a. Housing assistance

-STATUTE-

Assistance under this subpart shall be provided pursuant to a

contract between the recipient and an owner of an existing

structure. The contract shall provide that rental assistance

payments shall be made to the owner and that the units in the

structure shall be occupied by eligible persons for not less than

the term of the contract.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 477, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4032.)

-MISC1-

PRIOR PROVISIONS

A prior section 11405a, Pub. L. 100-77, title IV, Sec. 472, as

added Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104

Stat. 4372, related to fire and safety improvements in connection

with contracts for housing assistance payments, prior to repeal by

Pub. L. 102-550, Sec. 1406(d)(2).

-End-

-CITE-

42 USC Sec. 11405b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iii - project-based rental assistance

-HEAD-

Sec. 11405b. Term of contract and amount of assistance

-STATUTE-

(a) Term of contract

Each contract with a recipient for assistance under this subpart

shall be for a term of 5 years, and the owner shall have an option

to renew the assistance for an additional 5-year term, subject to

the availability of amounts provided in appropriation Acts; except

that if an expenditure of at least $3,000 for each unit (including

its prorated share of work on common areas or systems) is required

to make the structure decent, safe, and sanitary, and the owner

agrees to carry out the rehabilitation with resources other than

assistance under this part within 12 months of notification of

grant approval, the contract shall be for a term of 10 years.

(b) Amount of assistance

Each contract shall provide that the recipient shall receive

aggregate amounts not to exceed the appropriate existing housing

fair market rental under section 1437f(c)(1) of this title in

effect at the time the application is approved. Any amounts not

needed for a year may be used to increase the amount available in

subsequent years.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 478, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4032.)

-MISC1-

PRIOR PROVISIONS

Prior sections 11405b and 11405c were repealed by Pub. L.

102-550, title XIV, Sec. 1406(d)(2), Oct. 28, 1992, 106 Stat. 4030.

Section 11405b, Pub. L. 100-77, title IV, Sec. 473, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4372,

listed provisions to be contained in contracts entered into by

Secretary with public housing agencies under shelter plus care

program.

Section 11405c, Pub. L. 100-77, title IV, Sec. 474, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4373,

related to term of occupancy agreements and issuance of vacancy

payments under shelter plus care program.

-End-

-CITE-

42 USC subpart iv - sponsor-based rental assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iv - sponsor-based rental assistance

-HEAD-

SUBPART IV - SPONSOR-BASED RENTAL ASSISTANCE

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 11403a, 11403c, 11403h of

this title.

-End-

-CITE-

42 USC Sec. 11406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iv - sponsor-based rental assistance

-HEAD-

Sec. 11406. Authority

-STATUTE-

The Secretary may use amounts made available under section 11403h

of this title to provide sponsor-based rental assistance for

eligible persons in accordance with this subpart.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 481, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4032.)

-MISC1-

PRIOR PROVISIONS

A prior section 11406, Pub. L. 100-77, title IV, Sec. 481, as

added Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104

Stat. 4373, authorized use of appropriations in connection with

provision of rental housing assistance under section 1701q of Title

12, Banks and Banking, prior to repeal by Pub. L. 102-550, Sec.

1406(d)(2).

-End-

-CITE-

42 USC Sec. 11406a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iv - sponsor-based rental assistance

-HEAD-

Sec. 11406a. Housing assistance

-STATUTE-

Assistance under this subpart shall be provided pursuant to a

contract between the recipient and a private nonprofit sponsor that

owns or leases dwelling units. The contract shall provide that

rental assistance payments shall be made to the sponsor and that

such assisted units shall be occupied by eligible persons.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 482, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4032.)

-MISC1-

PRIOR PROVISIONS

A prior section 11406a, Pub. L. 100-77, title IV, Sec. 482, as

added Pub. L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104

Stat. 4373, related to amount of rental housing assistance to be

provided under shelter plus care program in connection with section

1701q of Title 12, Banks and Banking, prior to repeal by Pub. L.

102-550, Sec. 1406(d)(2).

-End-

-CITE-

42 USC Sec. 11406b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart iv - sponsor-based rental assistance

-HEAD-

Sec. 11406b. Term of contract and amount of assistance

-STATUTE-

(a) Term of contract

The contract with a recipient of assistance under this subpart

shall be for a term of 5 years.

(b) Amount of assistance

Each contract shall provide that the recipient shall receive

aggregate amounts not to exceed the appropriate existing housing

fair market rental under section 1437f(c)(1) of this title in

effect at the time the application is approved. Any amounts not

needed for a year may be used to increase the amount available in

subsequent years.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 483, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4033.)

-MISC1-

PRIOR PROVISIONS

Prior sections 11406b and 11406c were repealed by Pub. L.

102-550, title XIV, Sec. 1406(d)(2), Oct. 28, 1992, 106 Stat. 4030.

Section 11406b, Pub. L. 100-77, title IV, Sec. 483, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4373,

required that certain housing standards be maintained and

reasonable rent be charged prior to provision of rental housing

assistance under shelter plus care program.

Section 11406c, Pub. L. 100-77, title IV, Sec. 484, as added Pub.

L. 101-625, title VIII, Sec. 837(a), Nov. 28, 1990, 104 Stat. 4373,

related to payment of administrative fees to nonprofit entities for

costs of administering rental housing assistance under shelter plus

care program.

-End-

-CITE-

42 USC subpart v - section 1437f moderate rehabilitation

assistance for single-room occupancy

dwellings 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart v - section 1437f moderate rehabilitation assistance for

single-room occupancy dwellings

-HEAD-

SUBPART V - SECTION 1437F MODERATE REHABILITATION ASSISTANCE FOR

SINGLE-ROOM OCCUPANCY DWELLINGS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 11403a, 11403c, 11403h of

this title.

-End-

-CITE-

42 USC Sec. 11407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart v - section 1437f moderate rehabilitation assistance for

single-room occupancy dwellings

-HEAD-

Sec. 11407. Authority

-STATUTE-

The Secretary may use amounts made available under section 11403h

of this title in connection with the moderate rehabilitation of

single room occupancy housing described in section 1437f(n) (!1) of

this title for occupancy by eligible persons in accordance with

this subpart. Amounts available under section 11403h of this title

may be used in connection with the moderate rehabilitation of

efficiency units if the building owner agrees to pay the additional

cost of rehabilitating and operating the efficiency units.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 486, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4033.)

-REFTEXT-

REFERENCES IN TEXT

Section 1437f(n) of this title, referred to in text, was repealed

by Pub. L. 105-276, title V, Sec. 550(a)(7), Oct. 21, 1998, 112

Stat. 2609.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 11407a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart v - section 1437f moderate rehabilitation assistance for

single-room occupancy dwellings

-HEAD-

Sec. 11407a. Fire and safety improvements

-STATUTE-

Each contract for housing assistance payments entered into under

this subpart shall require the installation of a sprinkler system

that protects all major spaces, hard-wired smoke detectors, and any

other fire safety improvements as may be required by State or local

law. For purposes of this section, the term "major spaces" means

hallways, large common areas, and other areas specified in local

fire, building, or safety codes.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 487, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4033.)

-End-

-CITE-

42 USC Sec. 11407b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part F - Shelter Plus Care Program

subpart v - section 1437f moderate rehabilitation assistance for

single-room occupancy dwellings

-HEAD-

Sec. 11407b. Contract requirements

-STATUTE-

Each contract for annual contributions entered into by the

Secretary with a public housing agency to obligate the authority

made available under section 11403h of this title for use under

this subpart shall -

(1) commit the Secretary to make the authority available to the

public housing agency for an aggregate period of 10 years, and

require that any amendments increasing the authority shall be

available for the remainder of such 10-year period;

(2) provide the Secretary with the option to renew the contract

for an additional period of 10 years, subject to the availability

of authority; and

(3) provide that, notwithstanding any other provision of law,

first priority for occupancy of housing rehabilitated under this

subpart shall be given to homeless persons.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 488, as added Pub. L. 102-550,

title XIV, Sec. 1406(f), Oct. 28, 1992, 106 Stat. 4033.)

-End-

-CITE-

42 USC Part G - Rural Homeless Housing Assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part G - Rural Homeless Housing Assistance

-HEAD-

PART G - RURAL HOMELESS HOUSING ASSISTANCE

-End-

-CITE-

42 USC Sec. 11408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part G - Rural Homeless Housing Assistance

-HEAD-

Sec. 11408. Rural homelessness grant program

-STATUTE-

(a) Establishment

The Secretary of Housing and Urban Development shall establish

and carry out a rural homelessness grant program. In carrying out

the program, the Secretary may award grants to eligible

organizations in order to pay for the Federal share of the cost of

-

(1) assisting programs providing direct emergency assistance to

homeless individuals and families;

(2) providing homelessness prevention assistance to individuals

and families at risk of becoming homeless; and

(3) assisting individuals and families in obtaining access to

permanent housing and supportive services.

(b) Use of funds

(1) In general

An eligible organization may use a grant awarded under

subsection (a) of this section to provide, in rural areas -

(A) rent, mortgage, or utility assistance after 2 months of

nonpayment in order to prevent eviction, foreclosure, or loss

of utility service;

(B) security deposits, rent for the first month of residence

at a new location, and relocation assistance;

(C) short-term emergency lodging in motels or shelters,

either directly or through vouchers;

(D) transitional housing;

(E) rehabilitation and repairs such as insulation, window

repair, door repair, roof repair, and repairs that are

necessary to make premises habitable;

(F) development of comprehensive and coordinated support

services that use and supplement, as needed, community networks

of services, including -

(i) outreach services to reach eligible recipients;

(ii) case management;

(iii) housing counseling;

(iv) budgeting;

(v) job training and placement;

(vi) primary health care;

(vii) mental health services;

(viii) substance abuse treatment;

(ix) child care;

(x) transportation;

(xi) emergency food and clothing;

(xii) family violence services;

(xiii) education services;

(xiv) moving services;

(xv) entitlement assistance; and

(xvi) referrals to veterans services and legal services;

and

(G) costs associated with making use of Federal inventory

property programs to house homeless families, including the

program established under subchapter V of this chapter and the

Single Family Property Disposition Program established pursuant

to section 1710(g) of title 12.

(2) Capacity building activities

Not more than 20 percent of the funds appropriated under

subsection (l)(1) of this section for a fiscal year may be used

by eligible organizations for capacity building activities,

including payment of operating costs and staff retention.

(c) Award of grants

(1) Communities with populations of less than 10,000

(A) Set aside

In awarding grants under subsection (a) of this section for a

fiscal year, the Secretary shall make available not less than

50 percent of the funds appropriated under subsection (l)(1) of

this section for the fiscal year for grants to eligible

organizations serving communities that have populations of less

than 10,000.

(B) Priority within set aside

In awarding grants in accordance with subparagraph (A), the

Secretary shall give priority to eligible organizations serving

communities with populations of less than 5,000.

(2) Communities without significant Federal assistance

In awarding grants under subsection (a) of this section,

including grants awarded in accordance with paragraph (1), the

Secretary shall give priority to eligible organizations serving

communities not currently receiving significant Federal

assistance under this chapter.

(3) State limit

In awarding grants under subsection (a) of this section for a

fiscal year, the Secretary shall not award to eligible

organizations within a State an aggregate sum of more than 10

percent of the funds appropriated under subsection (l)(1) of this

section, for the fiscal year.

(d) Application

In order to be eligible to receive a grant under subsection (a)

of this section, an organization shall submit an application to the

Secretary at such time, in such manner, and containing such

information as the Secretary may require. The application shall

include, at a minimum -

(1) a description of the target population and geographic area

to be served;

(2) a description of the types of assistance to be provided;

(3) an assurance that the assistance to be provided is closely

related to the identified needs of the target population;

(4) a description of the existing assistance available to the

target population, including Federal, State, and local programs,

and a description of the manner in which the organization will

coordinate with and expand existing assistance or provide

assistance not available in the immediate area;

(5) an agreement by the organization that the organization will

collect data on the projects conducted by the organization,

including assistance provided, number and characteristics of

persons served, and causes of homelessness for persons served;

and

(6) an agreement by the organization that, to the maximum

extent practicable, the organization will involve homeless

individuals and families through employment, volunteer services,

and otherwise, in providing, operating, and rehabilitating

housing assisted under this section and in providing services

assisted under this section and services for occupants of housing

assisted under this section.

(e) Eligible organizations

Organizations eligible to receive a grant under subsection (a) of

this section shall include private nonprofit entities and county

and local governments.

(f) Federal share

(1) In general

The Federal share of the costs of providing assistance under

this section shall be 75 percent.

(2) Non-Federal share

The non-Federal share of the cost of providing the assistance

shall be in cash or in kind, fairly evaluated, including plant,

equipment, staff services, or services delivered by volunteers.

(g) Participation of homeless individuals

The Secretary shall, by regulation, require each eligible

organization receiving a grant under this section to provide for

the participation of not less than 1 homeless individual or former

homeless individual on the board of directors or other equivalent

policy making entity of the recipient, to the extent that such

entity considers and makes policies and decisions regarding any

housing, services, or other assistance of the eligible organization

receiving the grant under this section. The Secretary may grant

waivers to recipients unable to meet the requirement under the

preceding sentence if the recipient agrees to otherwise consult

with homeless or formerly homeless individuals in considering and

making such policies and decisions.

(h) Evaluation

(1) In general

The Secretary shall conduct an evaluation of the program to -

(A) determine the effectiveness of the program in providing

housing and other assistance to homeless persons in the area

served; and

(B) determine the types of assistance needed to address

homelessness in rural areas.

(2) Report

The Secretary shall submit to Congress, not later than 18

months after the date on which the Secretary first makes grants

under the program, the evaluation of the program conducted under

paragraph (1), including recommendations for any Federal

administrative or legislative changes that may be necessary to

improve the ability of rural communities to prevent and respond

to homelessness.

(i) Technical assistance

The Secretary shall provide technical assistance to eligible

organizations in developing programs in accordance with this

section, and in gaining access to other Federal resources that may

be used to assist homeless persons in rural areas. Such assistance

may be provided through regional workshops, and may be provided

directly or through grants to, or contracts with, nongovernmental

entities.

(j) Termination of assistance

If an individual or family who receives assistance under this

section violates requirements of the assistance program provided by

the organization receiving a grant under this section, the

organization may terminate assistance in accordance with a formal

process established by the organization that recognizes the rights

of individuals receiving such assistance to due process of law,

which may include a hearing.

(k) Definitions

For purposes of this section:

(1) Program

The term "program" means the rural homelessness grant program

established under this section.

(2) Rural area; rural community

The terms "rural area" and "rural community" mean -

(A) any area or community, respectively, no part of which is

within an area designated as a standard metropolitan

statistical area by the Office of Management and Budget; or

(B) any area or community, respectively, that is -

(i) within an area designated as a metropolitan statistical

area or considered as part of a metropolitan statistical

area; and

(ii) located in a rural census tract.

(3) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

(l) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section $30,000,000 for fiscal year 1993 and $31,260,000 for

fiscal year 1994.

(2) Availability

Any amount paid to a grant recipient for a fiscal year that

remains unobligated at the end of the year shall remain available

to the recipient for the purposes for which the payment was made

for the next fiscal year. The Secretary shall take such action as

may be necessary to recover any amount not obligated by the

recipient at the end of the second fiscal year, and shall

redistribute the amount to another eligible organization.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 491, as added Pub. L. 102-550,

title XIV, Sec. 1408, Oct. 28, 1992, 106 Stat. 4035; amended Pub.

L. 104-330, title V, Sec. 506(a)(10), Oct. 26, 1996, 110 Stat.

4045.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c)(2), was in the original

"this Act", meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482,

as amended, known as the McKinney-Vento Homeless Assistance Act.

For complete classification of this Act to the Code, see Short

Title note set out under section 11301 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-330 struck out ", Indian tribes

(as such term is defined in section 5302(a) of this title)," after

"nonprofit entities".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Amendment by Pub. L. 104-330 applicable with respect to amounts

made available for assistance under this subchapter for fiscal year

1998 and fiscal years thereafter, see section 506(c) of Pub. L.

104-330, set out as a note under section 11371 of this title.

-End-

-CITE-

42 USC Sec. 11408a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER IV - HOUSING ASSISTANCE

Part G - Rural Homeless Housing Assistance

-HEAD-

Sec. 11408a. Use of FMHA inventory for transitional housing for

homeless persons and for turnkey housing

-STATUTE-

(a) In general

The Secretary of Agriculture (in this section referred to as the

"Secretary") shall, on a priority basis, lease or sell program and

nonprogram inventory properties held by the Secretary under title V

of the Housing Act of 1949 [42 U.S.C. 1471 et seq.] -

(1) to provide transitional housing; and

(2) to provide turnkey housing for tenants of such transitional

housing and for eligible families.

(b) Priority

The priority uses of inventory property under this section shall

not have a higher priority than -

(1) the disposition of such property by sale to eligible

families; or

(2) the disposition of such property by transfer for use as

rental housing by eligible families.

(c) Transitional housing

(1) Leases authorized

The Secretary shall lease inventory properties to public

agencies and nonprofit organizations to provide transitional

housing for homeless families and individuals and to provide such

agencies the option to provide turnkey housing opportunities for

homeless persons and other inadequately housed families.

(2) Rental to eligible families

A public agency or nonprofit organization may rent housing

leased to it under paragraph (1) to a family for up to 10 years

and may, during that period, assist the tenant in obtaining a

loan and credit assistance under title V of the Housing Act of

1949 [42 U.S.C. 1471 et seq.] to purchase the housing from the

Secretary.

(d) Lease procedures

(1) Identification of property

Upon receipt by the Secretary of written notification from a

public agency or nonprofit organization that it proposes to lease

a property for the purpose of providing transitional housing or

for the purpose of providing transitional housing and turnkey

housing opportunities, the Secretary shall -

(A) withdraw the property from the market for not more than

30 days for the purpose of negotiations under subparagraph (B);

(B) negotiate a lease agreement with the organization or

agency; and

(C) if a lease is agreed to, commence the repairs necessary

to make the property meet standards for decent, safe, and

sanitary housing.

(2) Lease terms

A lease of inventory property under this section shall -

(A) be for a period of not more than 10 years;

(B) provide for the payment of $1 for the 10-year lease; and

(C) provide the nonprofit organization or public agency -

(i) the right to use the property for transitional housing;

and

(ii) the option to arrange for the sale of the property to

an eligible purchaser.

(e) Purchase procedures

(1) Identification of property

Upon receipt by the Secretary of written notification from a

public agency or nonprofit organization that it proposes to

purchase a property for the purpose of providing transitional

housing or for the purpose of providing transitional housing and

turnkey housing opportunities, the Secretary shall -

(A) withdraw the property from the market for not more than

30 days for the purpose of negotiations under subparagraph (B);

(B) negotiate a purchase agreement with the organization or

agency; and

(C) if a purchase agreement is agreed to, commence the

repairs necessary to make the property meet standards for

decent, safe, and sanitary housing.

(2) Purchase terms

A purchase of inventory property under this section shall

provide for a purchase price equal to not more than the fair

market value of the property minus 10 percent.

(f) Employment of homeless individuals

A public agency or nonprofit organization may lease or purchase

property under this section only if the agency or organization, to

the maximum extent practicable, involves homeless individuals and

families, through employment, volunteer services, or otherwise, in

maintaining, operating, and renovating any properties leased or

acquired under this section and in providing any services for

occupants of properties assisted under this section.

(g) Participation of homeless individuals

(1) In general

The Secretary shall, by regulation, require each public agency

and nonprofit organization leasing or purchasing property under

this section to provide for the participation of not less than 1

homeless individual or former homeless individual on the board of

directors or other equivalent policy making entity of such agency

or organization, to the extent that such organization or

applicant considers and makes policies and decisions regarding

any property acquired under this section.

(2) Waiver

The Secretary may grant a waiver to a public agency or

nonprofit organization that is unable to meet the requirement of

paragraph (1), if the agency or organization agrees to otherwise

consult with homeless or formerly homeless individuals in

considering and making such policies and decisions.

(h) Budget compliance

The authority provided to the Secretary under this section shall

be effective only to the extent approved in advance in

appropriations Acts.

-SOURCE-

(Pub. L. 100-77, title IV, Sec. 592[492], as added Pub. L. 102-550,

title XIV, Sec. 1414, Oct. 28, 1992, 106 Stat. 4041.)

-REFTEXT-

REFERENCES IN TEXT

The Housing Act of 1949, referred to in subsecs. (a) and (c)(2),

is act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of

the Act is classified generally to subchapter III (Sec. 1471 et

seq.) of chapter 8A of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1441 of this title and Tables.

-End-

-CITE-

42 USC SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS

FEDERAL PROPERTY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

-HEAD-

SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 11408 of this title;

title 10 sections 2814, 2854a.

-End-

-CITE-

42 USC Sec. 11411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

-HEAD-

Sec. 11411. Use of unutilized and underutilized public buildings

and real property to assist the homeless

-STATUTE-

(a) Identification of suitable property

The Secretary of Housing and Urban Development shall, on a

quarterly basis, request information from each landholding agency

regarding Federal public buildings and other Federal real

properties (including fixtures) that are excess property or surplus

property or that are described as unutilized or underutilized in

surveys by the heads of landholding agencies under section

524(a)(2) and (3) of title 40. No later than 25 days after

receiving a request from the Secretary, the head of each

landholding agency shall transmit such information to the

Secretary. No later than 30 days after receiving such information,

the Secretary shall identify which of those buildings and other

properties are suitable for use to assist the homeless.

(b) Availability of property

(1) The Secretary shall promptly notify each Federal agency with

respect to any property of that agency that the Secretary has

identified under subsection (a) of this section. No later than 45

days after receipt of such a notice, the head of the appropriate

landholding agency shall transmit to the Secretary the agency's

response to property identifications contained in such

notification, which shall include -

(A) in the case of unutilized or underutilized property -

(i) a statement of intention to determine the property excess

to the agency's needs;

(ii) a statement of intention to make the property available

for use to assist the homeless; or

(iii) a statement of the reasons (including a full

explanation of the need) the property cannot be determined

excess to the agency's needs or made available for use to

assist the homeless; and

(B) in the case of excess property -

(i) a statement that there is no other compelling Federal

need for the property and, therefore, the property will be

determined surplus; or

(ii) a statement that there is further and compelling Federal

need for the property (including a full explanation of such

need) and that, therefore, the property is not presently

available for use to assist the homeless.

(2)(A) All properties identified by the Secretary under

subsection (a) of this section shall be available for application -

(i) in the case of property other than surplus property, for

use to assist the homeless in accordance with the provisions of

this section; and

(ii) in the case of surplus property, for use to assist the

homeless either in accordance with this section or as a public

health use in accordance with section 550(a)-(d) of title 40.

(3) The Secretary shall maintain a written public record of -

(A) the identification of buildings and other properties by the

Secretary under this subsection and the reasons for such

identifications; and

(B) the responses of landholding agencies to such

identifications.

(c) Publication of properties

(1)(A) No later than 15 days after the last day of the 45-day

period provided for under subsection (b)(1) of this section, the

Secretary shall publish in the Federal Register -

(i) a list of all properties reviewed by the Secretary under

subsection (a) of this section; and

(ii) a list of all properties that are available under

subsection (b)(2) of this section for application for use to

assist the homeless.

(B) Each publication of properties shall include a description

and the location of each property (including the address and zip

code) and the current classification of each property as

unutilized, underutilized, excess property, or surplus property.

(C) The Secretary shall make available to the public upon request

all information in the possession of the Department of Housing and

Urban Development (other than valuation information), regardless of

format, about all properties reviewed and not identified as being

suitable for use to assist the homeless, including the reasons such

properties were not so identified.

(D) The Secretary shall publish separately, on an annual basis,

all properties identified as being suitable for use to assist the

homeless, but reported to be unavailable, and the reasons such

properties were unavailable.

(2)(A) No later than 15 days after the last day of the 45-day

period provided for under subsection (b)(1) of this section, the

Secretary shall transmit a copy of the list of available properties

published under paragraph (1)(A)(ii) to the Interagency Council on

the Homeless. The Council shall immediately distribute to all State

and regional homeless coordinators area-relevant portions of the

list.

(B) The Secretary, the Administrator, and the Secretary of Health

and Human Services shall make such efforts as are necessary to

ensure the widest possible dissemination of the information on such

list.

(C) The Secretary shall establish a toll-free number to provide

the public with specific information about properties on such list.

(3) The Secretary shall make available to the public upon request

all information (other than valuation information) regardless of

format in the possession of the Department of Housing and Urban

Development about the properties published under paragraph (1)(A),

including environmental assessment data. The Secretary shall

maintain a current list of agency contacts for making referrals of

inquiries for information about specific properties.

(4)(A) On December 31 of each year, the head of each landholding

agency shall report to the Secretary the current availability

status and the current classification of each property controlled

by the agency, that -

(i) was included in a list published in that year by the

Secretary under paragraph (1)(A)(ii); and

(ii) remains available for application for use to assist the

homeless or has become available for application during that

year.

(B) No later than February 15 each year, the Secretary shall

publish in the Federal Register a list of all properties reported

under subparagraph (A) for the preceding year and the current

classification of the properties.

(C) For purposes of subparagraph (A), property shall not be

considered to remain available for application for use to assist

the homeless after the 60-day holding period provided under

subsection (d) of this section if -

(i) an application for or written expression of interest in the

property is made under any law for use of the property for any

purpose; or

(ii) the Administrator receives a bona fide offer to purchase

the property or advertises for the sale of the property by public

auction.

(d) Holding period

(1) Properties published under subsection (c)(1)(A)(ii) of this

section as available for application for use to assist the homeless

shall not be available for any other purpose for a period of 60

days beginning on the date of such publication.

(2) If written notice of intent to apply for such a property for

use to assist the homeless is received by the Secretary of Health

and Human Services within the 60-day period described under

paragraph (1), such property may not be made available for any

other purpose until the date the Secretary of Health and Human

Services or other appropriate landholding agency has completed

action on the application submitted under subsection (e) of this

section with respect to that written notice of intent.

(3) Property that is reviewed by the Secretary under subsection

(a) of this section and that is not identified by the Secretary as

being suitable for use to assist the homeless may not be made

available for any other purpose for 20 days after the determination

of unsuitability to allow for review of the determination at the

request of the representative of the homeless. The Secretary shall

disseminate immediately this information to the regional offices of

the Department of Housing and Urban Development and to the

Interagency Council on the Homeless.

(4)(A) Written notice of intent to apply for a property published

under subsection (c)(1)(A)(ii) of this section may be filed at any

time after the 60-day period described in paragraph (1) has

expired. In such case, an application submitted pursuant to the

notice may be approved for disposal for use to assist the homeless

only if the property remains available for application for use to

assist the homeless. If the property remains available, the use to

assist the homeless shall be given priority of consideration over

other competing disposal opportunities under sections 541-555 of

title 40, except as provided in subsection (f)(3)(A) of this

section.

(B) Surplus property for which an application has been approved

shall be assigned promptly to the Secretary of Health and Human

Services for disposition in accordance with and subject to

subsection (f) of this section.

(e) Application for property

(1) A representative of the homeless may submit an application to

the Secretary of Health and Human Services for any property that is

published under subsection (c)(1)(A)(ii) of this section as

available for application for use to assist the homeless.

(2) No later than 90 days after the submission of written notice

of intent to apply for a property, an applicant shall submit a

complete application to the Secretary of Health and Human Services.

The Secretary of Health and Human Services shall, with the

concurrence of the appropriate landholding agency, grant reasonable

extensions.

(3) No later than 25 days after receipt of a completed

application, the Secretary of Health and Human Services shall

review, make all determinations, and complete all actions on the

application. The Secretary of Health and Human Services shall

maintain a written public record of all actions taken in response

to an application.

(f) Making property available to representatives of homeless

(1) Subject to the provisions of this subsection, property for

which the Secretary of Health and Human Services has approved an

application under subsection (e) of this section shall be made

promptly available by permit or lease, or by deed as a public

health use under section 550(a)-(d) of title 40, to the

representative of the homeless that submitted the application.

(2) Unutilized or underutilized property that is the subject of

an agency's statement of intention under subsection (b)(1)(A)(ii)

of this section shall be made promptly available by the appropriate

landholding agency to the approved applicant by lease or permit for

a term of not less than 1 year, unless the applicant requests a

shorter term.

(3)(A) In disposing of surplus property by deed or lease under

sections 541-555 of title 40, the Administrator and the Secretary

of Health and Human Services shall give priority of consideration

to uses to assist the homeless, unless the Administrator or the

Secretary of Health and Human Services determines that a competing

request for the property under section 550 of title 40 is so

meritorious and compelling as to outweigh the needs of the

homeless.

(B) Whenever the Administrator or the Secretary of Health and

Human Services makes a determination under subparagraph (A), the

Administrator or the Secretary of Health and Human Services shall

transmit to the appropriate committees of the Congress an

explanatory statement detailing the need satisfied by conveyance of

the surplus property and the reasons for determining that such need

was so meritorious and compelling as to outweigh the needs of the

homeless.

(4) For any property made available by lease to a representative

of the homeless before November 29, 1990, the Secretary of Health

and Human Services may, upon written request by the representative,

convey such property by deed to the representative in accordance

with, and subject to the requirements of, section 550 of title 40.

The lease term shall not be affected if a deed is not granted.

(g) Records

The Secretary shall maintain a written public record of -

(1) the reasons for determinations of the Secretary under this

section that property is suitable or unsuitable for use to assist

the homeless; and

(2) the responses of landholding agencies under subsection

(b)(1) of this section.

(h) Applicability to property under base closure process

(1) The provisions of this section shall not apply to buildings

and property at military installations that are approved for

closure under the Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)

after October 25, 1994.

(2) For provisions relating to the use to assist the homeless of

buildings and property located at certain military installations

approved for closure under such Act, or under title II of the

Defense Authorization Amendments and Base Closure and Realignment

Act (Public Law 100-526; 10 U.S.C. 2687 note), before October 25,

1994, see section 2(e) of Base Closure Community Redevelopment and

Homeless Assistance Act of 1994.

(i) Definitions

For purposes of this section -

(1) the term "Administrator" means the Administrator of General

Services;

(2) each of the terms "excess property" and "surplus property"

has the meaning given that term under section 102 of title 40;

(3) the term "landholding agency" means a Federal department or

agency with statutory authority to control real property;

(4) the term "representative of the homeless" means a State or

local government agency, or private nonprofit organization, which

provides services to the homeless; and

(5) the term "Secretary" means the Secretary of Housing and

Urban Development, except as otherwise provided.

-SOURCE-

(Pub. L. 100-77, title V, Sec. 501, July 22, 1987, 101 Stat. 509;

Pub. L. 100-628, title V, Sec. 501, Nov. 7, 1988, 102 Stat. 3240;

Pub. L. 101-645, title IV, Sec. 401(a), Nov. 29, 1990, 104 Stat.

4719; Pub. L. 102-484, div. B, title XXVIII, Sec. 2824, Oct. 23,

1992, 106 Stat. 2608; Pub. L. 103-421, Sec. 2(d), Oct. 25, 1994,

108 Stat. 4352.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Base Closure and Realignment Act of 1990, referred to

in subsec. (h), is part A of title XXIX of div. B of Pub. L.

101-510, Nov. 5, 1990, 104 Stat. 1808, as amended, which is set out

as a note under section 2687 of Title 10, Armed Forces. For

complete classification of this Act to the Code, see Tables.

Title II of the Defense Authorization Amendments and Base Closure

and Realignment Act, referred to in subsec. (h)(2), is title II of

Pub. L. 100-526, Oct. 24, 1988, 102 Stat. 2627, as amended, which

is set out as a note under section 2687 of Title 10. For complete

classification of this Act to the Code, see Short Title of 1988

Amendment note set out under section 2687 of Title 10 and Tables.

Section 2(e) of Base Closure Community Redevelopment and Homeless

Assistance Act of 1994, referred to in subsec. (h)(2), is section

2(e) of Pub. L. 103-421, which is set out as a note under section

2687 of Title 10.

-COD-

CODIFICATION

In subsec. (a), "section 524(a)(2) and (3) of title 40"

substituted for "section 202(b)(2) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 483(b)(2))", in

subsecs.(b)(2)(A)(ii) and (f)(1), "section 550(a)-(d) of title 40"

substituted for "paragraphs (1) and (4) of section 203(k) of the

Federal Property and Administrative Services Act of 1949 (40 U.S.C.

484(k)(1) and (4))", in subsecs. (d)(4)(A) and (f)(3)(A), "sections

541-555 of title 40" substituted for "section 203 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 484)",

in subsec. (f)(3)(A), "section 550 of title 40" substituted for

"section 203(k) of such Act", meaning the Federal Property and

Administrative Services Act of 1949, in subsec. (f)(4), "section

550 of title 40" substituted for "section 203(k) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

484(k))", and, in subsec. (i)(2), "section 102 of title 40"

substituted for "section 3 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 472)", on authority

of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-MISC1-

AMENDMENTS

1994 - Subsecs. (h), (i). Pub. L. 103-421 added subsec. (h) and

redesignated former subsec. (h) as (i).

1992 - Subsec. (c)(4)(C). Pub. L. 102-484, Sec. 2824(a), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: "For purposes of subparagraph (A), property shall be

considered to remain available for application for use to assist

the homeless if, subsequent to the 60-day holding period provided

under subsection (d) of this section -

"(i) no application or written expression of interest has been

made under any law for use of the property for any purpose; and

"(ii) the Administrator has not received a bona fide offer to

purchase the property or advertised for the sale of the property

by public auction."

Subsec. (f)(2). Pub. L. 102-484, Sec. 2824(b), inserted "or"

after "Unutilized".

1990 - Pub. L. 101-645 amended section generally, substituting

present provisions consisting of subsecs. (a) to (h) for former

provisions consisting of subsecs. (a) to (e).

1988 - Pub. L. 100-628, Sec. 501(1), substituted "unutilized and

underutilized" for "underutilized" in section catchline.

Subsec. (a). Pub. L. 100-628, Sec. 501(2), substituted

"unutilized or underutilized" for "underutilized" in heading and

text and inserted ", within 2 months after collecting such

information," before "shall identify" in text.

Subsec. (b)(1). Pub. L. 100-628, Sec. 501(3)(A), inserted "or to

make the property available, on an interim basis, for use as

facilities to assist the homeless" after "agency's need".

Subsec. (b)(2). Pub. L. 100-628, Sec. 501(3)(B), inserted before

period at end "or made available on an interim basis for use as

facilities to assist the homeless".

Subsec. (d). Pub. L. 100-628, Sec. 501(4)(A), struck out "by

lease" after "property" in heading.

Subsec. (d)(1). Pub. L. 100-628, Sec. 501(4)(B), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "Federal

buildings or property may be made available under this section only

through the use of leases for at least 1 year. Ownership of the

buildings and property shall not be transferred from the Federal

Government."

Subsec. (d)(2). Pub. L. 100-628, Sec. 501(4)(C), substituted

"With respect to property identified under subsection (a) which has

been designated as surplus property," for "To permit leases of

surplus Federal buildings and other real property under this

section,".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 401(b) of Pub. L. 101-645 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

90 days after the date of the enactment of this Act [Nov. 29,

1990]."

REGULATIONS

Section 401(d) of Pub. L. 101-645 provided that: "No later than

90 days after the date of the enactment of this Act [Nov. 29,

1990], the Administrator of General Services, the Secretary of

Health and Human Services, and the Secretary of Housing and Urban

Development shall promulgate regulations implementing this section

and the amendment made by this section [amending this section and

enacting provisions set out as notes under this section]."

CONSULTATION AND REPORT REGARDING USE OF NATIONAL GUARD FACILITIES

AS OVERNIGHT SHELTERS FOR HOMELESS INDIVIDUALS

Pub. L. 102-550, title XIV, Sec. 1411, Oct. 28, 1992, 106 Stat.

4039, provided that:

"(a) Use of Available Space at National Guard Facilities. - The

Secretary of Housing and Urban Development shall consult with the

chief executive officers of the States and the Secretary of Defense

to determine the availability of space at National Guard facilities

for use by homeless organizations in providing overnight shelter

for homeless persons and families. The Secretary of Housing and

Urban Development shall determine the availability of only such

space that can be used for shelter purposes during periods it is

not actively being used for National Guard purposes. The Secretary

of Housing and Urban Development shall also determine the

availability of incidental services at such facilities, including

utilities, bedding, security, transportation, renovation of

facilities, minor repairs undertaken specifically to make available

space in a facility suitable for use as an overnight shelter for

homeless individuals, and property liability insurance.

"(b) Limitations. - In consultations under this section, the

Secretary of Housing and Urban Development shall determine -

"(1) the number and capacity of such facilities that may be

made available for shelters for homeless persons and families

without adversely affecting the military or emergency service

preparedness of the State or the United States; and

"(2) whether any available space is suitable for use as an

overnight shelter for homeless individuals or can, with minor

repairs, be made suitable for that use.

"(c) Report. - The Secretary of Housing and Urban Development

shall submit to the Congress, not later than the expiration of the

1-year period beginning on the date of the enactment of this Act

[Oct. 28, 1992], a report regarding the consultations and

determinations made by the Secretary under this section. The report

shall include any recommendations of the Secretary regarding the

need for, and feasibility of, using National Guard facilities for

homeless shelters and any recommendations of the Secretary for

administrative or legislative action to provide for such use."

UNUTILIZED AND UNDERUTILIZED PROPERTY FOR PURPOSES OF 1990

AMENDMENT

Section 401(c) of Pub. L. 101-645, as amended by Pub. L. 106-400,

Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided that: "For purposes

of section 501 of the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11411) (as amended by this Act) the terms 'unutilized' and

'underutilized' when used to describe property have the same

meaning such terms had before the date of the enactment of this Act

[Nov. 29, 1990] under such section 501."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2878; title 20

section 7713; title 38 section 8162.

-End-

-CITE-

42 USC Sec. 11412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

-HEAD-

Sec. 11412. Making surplus personal property available to nonprofit

agencies

-STATUTE-

(a) Omitted

(b) Requirement for notification

Within 90 days after July 22, 1987, the Administrator of General

Services shall require each State agency administering a State plan

under section 549(a)-(e) of title 40 to make generally available

information about surplus personal property which may be used in

the provision of food, shelter, or other services to homeless

individuals.

(c) Costs

Surplus personal property identified pursuant to this section

shall be made available to providers of assistance to homeless

individuals by a State agency distributing such property at (1) a

nominal cost to such organization or (2) at no cost when the

Administrator agrees to reimburse the State agency for the costs of

care and handling of such property.

-SOURCE-

(Pub. L. 100-77, title V, Sec. 502, July 22, 1987, 101 Stat. 510.)

-COD-

CODIFICATION

Section is comprised of section 502 of Pub. L. 100-77. Subsec.

(a) of section 502 amended section 203(j)(3)(B) of the Federal

Property and Administrative Services Act of 1949, which was

classified to section 484(j)(3)(B) of former Title 40, Public

Buildings, Property, and Works, and was repealed and reenacted as

section 549(c)(3)(B) of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.

1062, 1304.

In subsec (b), "section 549(a)-(e) of title 40" substituted for

"203(j) of the Federal Property and Administrative Services Act of

1949" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-End-

-CITE-

42 USC SUBCHAPTER VI - EDUCATION AND TRAINING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

-HEAD-

SUBCHAPTER VI - EDUCATION AND TRAINING

-End-

-CITE-

42 USC Part A - Adult Education for Homeless 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part A - Adult Education for Homeless

-HEAD-

PART A - ADULT EDUCATION FOR HOMELESS

-End-

-CITE-

42 USC Sec. 11421 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part A - Adult Education for Homeless

-HEAD-

Sec. 11421. Repealed. Pub. L. 105-220, title I, Sec. 199(b)(1),

Aug. 7, 1998, 112 Stat. 1059

-MISC1-

Section, Pub. L. 100-77, title VII, Sec. 701, as added Pub. L.

103-382, title III, Sec. 322, Oct. 20, 1994, 108 Stat. 3956,

related to State literacy initiatives.

A prior section 11421, Pub. L. 100-77, title VII, Sec. 702, July

22, 1987, 101 Stat. 525; Pub. L. 100-297, title VI, Sec. 6001, Apr.

28, 1988, 102 Stat. 423; Pub. L. 100-628, title VII, Sec. 701, Nov.

7, 1988, 102 Stat. 3244; Pub. L. 101-645, title VI, Sec. 611, Nov.

29, 1990, 104 Stat. 4734, related to State literacy initiatives,

prior to the general amendment of this part by Pub. L. 103-382.

EFFECTIVE DATE OF REPEAL

Pub. L. 105-220, title I, Sec. 199(c)(2)(A), Aug. 7, 1998, 112

Stat. 1059, provided that: "The repeal made by subsection (b)(1)

[repealing sections 11421, 11461 to 11466, 11471, and 11472 of this

title] shall take effect on July 1, 1999."

-End-

-CITE-

42 USC Part B - Education for Homeless Children and

Youths 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

PART B - EDUCATION FOR HOMELESS CHILDREN AND YOUTHS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 20 section 7824.

-End-

-CITE-

42 USC Sec. 11431 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

Sec. 11431. Statement of policy

-STATUTE-

The following is the policy of the Congress:

(1) Each State educational agency shall ensure that each child

of a homeless individual and each homeless youth has equal access

to the same free, appropriate public education, including a

public preschool education, as provided to other children and

youths.

(2) In any State that has a compulsory residency requirement as

a component of the State's compulsory school attendance laws or

other laws, regulations, practices, or policies that may act as a

barrier to the enrollment, attendance, or success in school of

homeless children and youths, the State will review and undertake

steps to revise such laws, regulations, practices, or policies to

ensure that homeless children and youths are afforded the same

free, appropriate public education as provided to other children

and youths.

(3) Homelessness alone is not sufficient reason to separate

students from the mainstream school environment.

(4) Homeless children and youths should have access to the

education and other services that such children and youths need

to ensure that such children and youths have an opportunity to

meet the same challenging State student academic achievement

standards to which all students are held.

-SOURCE-

(Pub. L. 100-77, title VII, Sec. 721, as added Pub. L. 107-110,

title X, Sec. 1032, Jan. 8, 2002, 115 Stat. 1989.)

-MISC1-

PRIOR PROVISIONS

A prior section 11431, Pub. L. 100-77, title VII, Sec. 721, as

added Pub. L. 103-382, title III, Sec. 323, Oct. 20, 1994, 108

Stat. 3957, stated policy of Congress, prior to the general

amendment of this part by Pub. L. 107-110.

Another prior section 11431, Pub. L. 100-77, title VII, Sec. 721,

July 22, 1987, 101 Stat. 525; Pub. L. 101-645, title VI, Sec.

612(a), Nov. 29, 1990, 104 Stat. 4735, stated policy of Congress,

prior to the general amendment of this part by Pub. L. 103-382.

EFFECTIVE DATE

Part effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as a note under section 6301 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11432, 11434 of this

title.

-End-

-CITE-

42 USC Sec. 11432 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

Sec. 11432. Grants for State and local activities for the education

of homeless children and youths

-STATUTE-

(a) General authority

The Secretary is authorized to make grants to States in

accordance with the provisions of this section to enable such

States to carry out the activities described in subsections (d)

through (g) of this section.

(b) Application

No State may receive a grant under this section unless the State

educational agency submits an application to the Secretary at such

time, in such manner, and containing or accompanied by such

information as the Secretary may reasonably require.

(c) Allocation and reservations

(1) Allocation

(A) Subject to subparagraph (B), the Secretary is authorized to

allot to each State an amount that bears the same ratio to the

amount appropriated for such year under section 11435 of this

title that remains after the Secretary reserves funds under

paragraph (2) and uses funds to carry out section 11434(d) and

(h) of this title, as the amount allocated under section 1122 of

the Elementary and Secondary Education Act of 1965 [20 U.S.C.

6332] to the State for that year bears to the total amount

allocated under section 1122 of such Act to all States for that

year, except that no State shall receive less than the greater of

-

(i) $150,000;

(ii) one-fourth of 1 percent of the amount appropriated under

section 11435 of this title for that year; or

(iii) the amount such State received under this section for

fiscal year 2001.

(B) If there are insufficient funds in a fiscal year to allot

to each State the minimum amount under subparagraph (A), the

Secretary shall ratably reduce the allotments to all States based

on the proportionate share that each State received under this

subsection for the preceding fiscal year.

(2) Reservations

(A) The Secretary is authorized to reserve 0.1 percent of the

amount appropriated for each fiscal year under section 11435 of

this title to be allocated by the Secretary among the United

States Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands, according to their respective

need for assistance under this part, as determined by the

Secretary.

(B)(i) The Secretary shall transfer 1 percent of the amount

appropriated for each fiscal year under section 11435 of this

title to the Department of the Interior for programs for Indian

students served by schools funded by the Secretary of the

Interior, as determined under the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450 et seq.), that are

consistent with the purposes of the programs described in this

part.

(ii) The Secretary and the Secretary of the Interior shall

enter into an agreement, consistent with the requirements of this

part, for the distribution and use of the funds described in

clause (i) under terms that the Secretary determines best meet

the purposes of the programs described in this part. Such

agreement shall set forth the plans of the Secretary of the

Interior for the use of the amounts transferred, including

appropriate goals, objectives, and milestones.

(3) State defined

For purposes of this subsection, the term "State" does not

include the United States Virgin Islands, Guam, American Samoa,

or the Commonwealth of the Northern Mariana Islands.

(d) Activities

Grants under this section shall be used for the following:

(1) To carry out the policies set forth in section 11431 of

this title in the State.

(2) To provide activities for, and services to, homeless

children, including preschool-aged homeless children, and youths

that enable such children and youths to enroll in, attend, and

succeed in school, or, if appropriate, in preschool programs.

(3) To establish or designate an Office of Coordinator for

Education of Homeless Children and Youths in the State

educational agency in accordance with subsection (f) of this

section.

(4) To prepare and carry out the State plan described in

subsection (g) of this section.

(5) To develop and implement professional development programs

for school personnel to heighten their awareness of, and capacity

to respond to, specific problems in the education of homeless

children and youths.

(e) State and local subgrants

(1) Minimum disbursements by States

From the sums made available each year to carry out this part,

the State educational agency shall distribute not less than 75

percent in subgrants to local educational agencies for the

purposes of carrying out section 11433 of this title, except that

States funded at the minimum level set forth in subsection (c)(1)

of this section shall distribute not less than 50 percent in

subgrants to local educational agencies for the purposes of

carrying out section 11433 of this title.

(2) Use by State educational agency

A State educational agency may use funds made available for

State use under this part to conduct activities under subsection

(f) of this section directly or through grants or contracts.

(3) Prohibition on segregating homeless students

(A) In general

Except as provided in subparagraph (B) and section

11433(a)(2)(B)(ii) of this title, in providing a free public

education to a homeless child or youth, no State receiving

funds under this part shall segregate such child or youth in a

separate school, or in a separate program within a school,

based on such child's or youth's status as homeless.

(B) Exception

Notwithstanding subparagraph (A), paragraphs (1)(J)(i) and

(3) of subsection (g) of this section, section 11433(a)(2) of

this title, and any other provision of this part relating to

the placement of homeless children or youths in schools, a

State that has a separate school for homeless children or

youths that was operated in fiscal year 2000 in a covered

county shall be eligible to receive funds under this part for

programs carried out in such school if -

(i) the school meets the requirements of subparagraph (C);

(ii) any local educational agency serving a school that the

homeless children and youths enrolled in the separate school

are eligible to attend meets the requirements of subparagraph

(E); and

(iii) the State is otherwise eligible to receive funds

under this part.

(C) School requirements

For the State to be eligible under subparagraph (B) to

receive funds under this part, the school described in such

subparagraph shall -

(i) provide written notice, at the time any child or youth

seeks enrollment in such school, and at least twice annually

while the child or youth is enrolled in such school, to the

parent or guardian of the child or youth (or, in the case of

an unaccompanied youth, the youth) that -

(I) shall be signed by the parent or guardian (or, in the

case of an unaccompanied youth, the youth);

(II) sets forth the general rights provided under this

part;

(III) specifically states -

(aa) the choice of schools homeless children and youths

are eligible to attend, as provided in subsection

(g)(3)(A) of this section;

(bb) that no homeless child or youth is required to

attend a separate school for homeless children or youths;

(cc) that homeless children and youths shall be

provided comparable services described in subsection

(g)(4) of this section, including transportation

services, educational services, and meals through school

meals programs; and

(dd) that homeless children and youths should not be

stigmatized by school personnel; and

(IV) provides contact information for the local liaison

for homeless children and youths and the State Coordinator

for Education of Homeless Children and Youths;

(ii)(I) provide assistance to the parent or guardian of

each homeless child or youth (or, in the case of an

unaccompanied youth, the youth) to exercise the right to

attend the parent's or guardian's (or youth's) choice of

schools, as provided in subsection (g)(3)(A) of this section;

and

(II) coordinate with the local educational agency with

jurisdiction for the school selected by the parent or

guardian (or youth), to provide transportation and other

necessary services;

(iii) ensure that the parent or guardian (or, in the case

of an unaccompanied youth, the youth) shall receive the

information required by this subparagraph in a manner and

form understandable to such parent or guardian (or youth),

including, if necessary and to the extent feasible, in the

native language of such parent or guardian (or youth); and

(iv) demonstrate in the school's application for funds

under this part that such school -

(I) is complying with clauses (i) and (ii); and

(II) is meeting (as of the date of submission of the

application) the same Federal and State standards,

regulations, and mandates as other public schools in the

State (such as complying with sections 1111 and 1116 of the

Elementary and Secondary Education Act of 1965 [20 U.S.C.

6311, 6316] and providing a full range of education and

related services, including services applicable to students

with disabilities).

(D) School ineligibility

A separate school described in subparagraph (B) that fails to

meet the standards, regulations, and mandates described in

subparagraph (C)(iv)(II) shall not be eligible to receive funds

under this part for programs carried out in such school after

the first date of such failure.

(E) Local educational agency requirements

For the State to be eligible to receive the funds described

in subparagraph (B), the local educational agency described in

subparagraph (B)(ii) shall -

(i) implement a coordinated system for ensuring that

homeless children and youths -

(I) are advised of the choice of schools provided in

subsection (g)(3)(A) of this section;

(II) are immediately enrolled, in accordance with

subsection (g)(3)(C) of this section, in the school

selected under subsection (g)(3)(A) of this section; and

(III) are promptly provided necessary services described

in subsection (g)(4) of this section, including

transportation, to allow homeless children and youths to

exercise their choices of schools under subsection

(g)(3)(A) of this section;

(ii) document that written notice has been provided -

(I) in accordance with subparagraph (C)(i) for each child

or youth enrolled in a separate school under subparagraph

(B); and

(II) in accordance with subsection (g)(6)(A)(v) of this

section;

(iii) prohibit schools within the agency's jurisdiction

from referring homeless children or youths to, or requiring

homeless children and youths to enroll in or attend, a

separate school described in subparagraph (B);

(iv) identify and remove any barriers that exist in schools

within the agency's jurisdiction that may have contributed to

the creation or existence of separate schools described in

subparagraph (B); and

(v) not use funds received under this part to establish -

(I) new or additional separate schools for homeless

children or youths; or

(II) new or additional sites for separate schools for

homeless children or youths, other than the sites occupied

by the schools described in subparagraph (B) in fiscal year

2000.

(F) Report

(i) Preparation

The Secretary shall prepare a report on the separate

schools and local educational agencies described in

subparagraph (B) that receive funds under this part in

accordance with this paragraph. The report shall contain, at

a minimum, information on -

(I) compliance with all requirements of this paragraph;

(II) barriers to school access in the school districts

served by the local educational agencies; and

(III) the progress the separate schools are making in

integrating homeless children and youths into the

mainstream school environment, including the average length

of student enrollment in such schools.

(ii) Compliance with information requests

For purposes of enabling the Secretary to prepare the

report, the separate schools and local educational agencies

shall cooperate with the Secretary and the State Coordinator

for Education of Homeless Children and Youths established in

the State under subsection (d)(3) of this section, and shall

comply with any requests for information by the Secretary and

State Coordinator for such State.

(iii) Submission

Not later than 2 years after January 8, 2002, the Secretary

shall submit the report described in clause (i) to -

(I) the President;

(II) the Committee on Education and the Workforce of the

House of Representatives; and

(III) the Committee on Health, Education, Labor, and

Pensions of the Senate.

(G) Definition

For purposes of this paragraph, the term "covered county"

means -

(i) San Joaquin County, California;

(ii) Orange County, California;

(iii) San Diego County, California; and

(iv) Maricopa County, Arizona.

(f) Functions of the Office of Coordinator

The Coordinator for Education of Homeless Children and Youths

established in each State shall -

(1) gather reliable, valid, and comprehensive information on

the nature and extent of the problems homeless children and

youths have in gaining access to public preschool programs and to

public elementary schools and secondary schools, the difficulties

in identifying the special needs of such children and youths, any

progress made by the State educational agency and local

educational agencies in the State in addressing such problems and

difficulties, and the success of the programs under this part in

allowing homeless children and youths to enroll in, attend, and

succeed in, school;

(2) develop and carry out the State plan described in

subsection (g) of this section;

(3) collect and transmit to the Secretary, at such time and in

such manner as the Secretary may require, a report containing

such information as the Secretary determines is necessary to

assess the educational needs of homeless children and youths

within the State;

(4) facilitate coordination between the State educational

agency, the State social services agency, and other agencies

(including agencies providing mental health services) to provide

services to homeless children, including preschool-aged homeless

children, and youths, and to families of such children and

youths;

(5) in order to improve the provision of comprehensive

education and related services to homeless children and youths

and their families, coordinate and collaborate with -

(A) educators, including child development and preschool

program personnel;

(B) providers of services to homeless and runaway children

and youths and homeless families (including domestic violence

agencies, shelter operators, transitional housing facilities,

runaway and homeless youth centers, and transitional living

programs for homeless youths);

(C) local educational agency liaisons designated under

subsection (g)(1)(J)(ii) of this section for homeless children

and youths; and

(D) community organizations and groups representing homeless

children and youths and their families; and

(6) provide technical assistance to local educational agencies

in coordination with local educational agency liaisons designated

under subsection (g)(1)(J)(ii) of this section, to ensure that

local educational agencies comply with the requirements of

subsection (e)(3) of this section and paragraphs (3) through (7)

of subsection (g) of this section.

(g) State plan

(1) In general

Each State shall submit to the Secretary a plan to provide for

the education of homeless children and youths within the State.

Such plan shall include the following:

(A) A description of how such children and youths are (or

will be) given the opportunity to meet the same challenging

State academic achievement standards all students are expected

to meet.

(B) A description of the procedures the State educational

agency will use to identify such children and youths in the

State and to assess their special needs.

(C) A description of procedures for the prompt resolution of

disputes regarding the educational placement of homeless

children and youths.

(D) A description of programs for school personnel (including

principals, attendance officers, teachers, enrollment

personnel, and pupil services personnel) to heighten the

awareness of such personnel of the specific needs of runaway

and homeless youths.

(E) A description of procedures that ensure that homeless

children and youths who meet the relevant eligibility criteria

are able to participate in Federal, State, or local food

programs.

(F) A description of procedures that ensure that -

(i) homeless children have equal access to the same public

preschool programs, administered by the State agency, as

provided to other children in the State;

(ii) homeless youths and youths separated from the public

schools are identified and accorded equal access to

appropriate secondary education and support services; and

(iii) homeless children and youths who meet the relevant

eligibility criteria are able to participate in Federal,

State, or local before- and after-school care programs.

(G) Strategies to address problems identified in the report

provided to the Secretary under subsection (f)(3) of this

section.

(H) Strategies to address other problems with respect to the

education of homeless children and youths, including problems

resulting from enrollment delays that are caused by -

(i) immunization and medical records requirements;

(ii) residency requirements;

(iii) lack of birth certificates, school records, or other

documentation;

(iv) guardianship issues; or

(v) uniform or dress code requirements.

(I) A demonstration that the State educational agency and

local educational agencies in the State have developed, and

shall review and revise, policies to remove barriers to the

enrollment and retention of homeless children and youths in

schools in the State.

(J) Assurances that -

(i) the State educational agency and local educational

agencies in the State will adopt policies and practices to

ensure that homeless children and youths are not stigmatized

or segregated on the basis of their status as homeless;

(ii) local educational agencies will designate an

appropriate staff person, who may also be a coordinator for

other Federal programs, as a local educational agency liaison

for homeless children and youths, to carry out the duties

described in paragraph (6)(A); and

(iii) the State and its local educational agencies will

adopt policies and practices to ensure that transportation is

provided, at the request of the parent or guardian (or in the

case of an unaccompanied youth, the liaison), to and from the

school of origin, as determined in paragraph (3)(A), in

accordance with the following, as applicable:

(I) If the homeless child or youth continues to live in

the area served by the local educational agency in which

the school of origin is located, the child's or youth's

transportation to and from the school of origin shall be

provided or arranged by the local educational agency in

which the school of origin is located.

(II) If the homeless child's or youth's living

arrangements in the area served by the local educational

agency of origin terminate and the child or youth, though

continuing his or her education in the school of origin,

begins living in an area served by another local

educational agency, the local educational agency of origin

and the local educational agency in which the homeless

child or youth is living shall agree upon a method to

apportion the responsibility and costs for providing the

child with transportation to and from the school of origin.

If the local educational agencies are unable to agree upon

such method, the responsibility and costs for

transportation shall be shared equally.

(2) Compliance

(A) In general

Each plan adopted under this subsection shall also describe

how the State will ensure that local educational agencies in

the State will comply with the requirements of paragraphs (3)

through (7).

(B) Coordination

Such plan shall indicate what technical assistance the State

will furnish to local educational agencies and how compliance

efforts will be coordinated with the local educational agency

liaisons designated under paragraph (1)(J)(ii).

(3) Local educational agency requirements

(A) In general

The local educational agency serving each child or youth to

be assisted under this part shall, according to the child's or

youth's best interest -

(i) continue the child's or youth's education in the school

of origin for the duration of homelessness -

(I) in any case in which a family becomes homeless

between academic years or during an academic year; or

(II) for the remainder of the academic year, if the child

or youth becomes permanently housed during an academic

year; or

(ii) enroll the child or youth in any public school that

nonhomeless students who live in the attendance area in which

the child or youth is actually living are eligible to attend.

(B) Best interest

In determining the best interest of the child or youth under

subparagraph (A), the local educational agency shall -

(i) to the extent feasible, keep a homeless child or youth

in the school of origin, except when doing so is contrary to

the wishes of the child's or youth's parent or guardian;

(ii) provide a written explanation, including a statement

regarding the right to appeal under subparagraph (E), to the

homeless child's or youth's parent or guardian, if the local

educational agency sends such child or youth to a school

other than the school of origin or a school requested by the

parent or guardian; and

(iii) in the case of an unaccompanied youth, ensure that

the homeless liaison designated under paragraph (1)(J)(ii)

assists in placement or enrollment decisions under this

subparagraph, considers the views of such unaccompanied

youth, and provides notice to such youth of the right to

appeal under subparagraph (E).

(C) Enrollment

(i) The school selected in accordance with this paragraph

shall immediately enroll the homeless child or youth, even if

the child or youth is unable to produce records normally

required for enrollment, such as previous academic records,

medical records, proof of residency, or other documentation.

(ii) The enrolling school shall immediately contact the

school last attended by the child or youth to obtain relevant

academic and other records.

(iii) If the child or youth needs to obtain immunizations, or

immunization or medical records, the enrolling school shall

immediately refer the parent or guardian of the child or youth

to the local educational agency liaison designated under

paragraph (1)(J)(ii), who shall assist in obtaining necessary

immunizations, or immunization or medical records, in

accordance with subparagraph (D).

(D) Records

Any record ordinarily kept by the school, including

immunization or medical records, academic records, birth

certificates, guardianship records, and evaluations for special

services or programs, regarding each homeless child or youth

shall be maintained -

(i) so that the records are available, in a timely fashion,

when a child or youth enters a new school or school district;

and

(ii) in a manner consistent with section 1232g of title 20.

(E) Enrollment disputes

If a dispute arises over school selection or enrollment in a

school -

(i) the child or youth shall be immediately admitted to the

school in which enrollment is sought, pending resolution of

the dispute;

(ii) the parent or guardian of the child or youth shall be

provided with a written explanation of the school's decision

regarding school selection or enrollment, including the

rights of the parent, guardian, or youth to appeal the

decision;

(iii) the child, youth, parent, or guardian shall be

referred to the local educational agency liaison designated

under paragraph (1)(J)(ii), who shall carry out the dispute

resolution process as described in paragraph (1)(C) as

expeditiously as possible after receiving notice of the

dispute; and

(iv) in the case of an unaccompanied youth, the homeless

liaison shall ensure that the youth is immediately enrolled

in school pending resolution of the dispute.

(F) Placement choice

The choice regarding placement shall be made regardless of

whether the child or youth lives with the homeless parents or

has been temporarily placed elsewhere.

(G) School of origin defined

In this paragraph, the term "school of origin" means the

school that the child or youth attended when permanently housed

or the school in which the child or youth was last enrolled.

(H) Contact information

Nothing in this part shall prohibit a local educational

agency from requiring a parent or guardian of a homeless child

to submit contact information.

(4) Comparable services

Each homeless child or youth to be assisted under this part

shall be provided services comparable to services offered to

other students in the school selected under paragraph (3),

including the following:

(A) Transportation services.

(B) Educational services for which the child or youth meets

the eligibility criteria, such as services provided under title

I of the Elementary and Secondary Education Act of 1965 [20

U.S.C. 6301 et seq.] or similar State or local programs,

educational programs for children with disabilities, and

educational programs for students with limited English

proficiency.

(C) Programs in vocational and technical education.

(D) Programs for gifted and talented students.

(E) School nutrition programs.

(5) Coordination

(A) In general

Each local educational agency serving homeless children and

youths that receives assistance under this part shall

coordinate -

(i) the provision of services under this part with local

social services agencies and other agencies or programs

providing services to homeless children and youths and their

families, including services and programs funded under the

Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and

(ii) with other local educational agencies on interdistrict

issues, such as transportation or transfer of school records.

(B) Housing assistance

If applicable, each State educational agency and local

educational agency that receives assistance under this part

shall coordinate with State and local housing agencies

responsible for developing the comprehensive housing

affordability strategy described in section 12705 of this title

to minimize educational disruption for children and youths who

become homeless.

(C) Coordination purpose

The coordination required under subparagraphs (A) and (B)

shall be designed to -

(i) ensure that homeless children and youths have access

and reasonable proximity to available education and related

support services; and

(ii) raise the awareness of school personnel and service

providers of the effects of short-term stays in a shelter and

other challenges associated with homelessness.

(6) Local educational agency liaison

(A) Duties

Each local educational agency liaison for homeless children

and youths, designated under paragraph (1)(J)(ii), shall ensure

that -

(i) homeless children and youths are identified by school

personnel and through coordination activities with other

entities and agencies;

(ii) homeless children and youths enroll in, and have a

full and equal opportunity to succeed in, schools of that

local educational agency;

(iii) homeless families, children, and youths receive

educational services for which such families, children, and

youths are eligible, including Head Start and Even Start

programs and preschool programs administered by the local

educational agency, and referrals to health care services,

dental services, mental health services, and other

appropriate services;

(iv) the parents or guardians of homeless children and

youths are informed of the educational and related

opportunities available to their children and are provided

with meaningful opportunities to participate in the education

of their children;

(v) public notice of the educational rights of homeless

children and youths is disseminated where such children and

youths receive services under this chapter, such as schools,

family shelters, and soup kitchens;

(vi) enrollment disputes are mediated in accordance with

paragraph (3)(E); and

(vii) the parent or guardian of a homeless child or youth,

and any unaccompanied youth, is fully informed of all

transportation services, including transportation to the

school of origin, as described in paragraph (1)(J)(iii), and

is assisted in accessing transportation to the school that is

selected under paragraph (3)(A).

(B) Notice

State coordinators established under subsection (d)(3) of

this section and local educational agencies shall inform school

personnel, service providers, and advocates working with

homeless families of the duties of the local educational agency

liaisons.

(C) Local and State coordination

Local educational agency liaisons for homeless children and

youths shall, as a part of their duties, coordinate and

collaborate with State coordinators and community and school

personnel responsible for the provision of education and

related services to homeless children and youths.

(7) Review and revisions

(A) In general

Each State educational agency and local educational agency

that receives assistance under this part shall review and

revise any policies that may act as barriers to the enrollment

of homeless children and youths in schools that are selected

under paragraph (3).

(B) Consideration

In reviewing and revising such policies, consideration shall

be given to issues concerning transportation, immunization,

residency, birth certificates, school records and other

documentation, and guardianship.

(C) Special attention

Special attention shall be given to ensuring the enrollment

and attendance of homeless children and youths who are not

currently attending school.

-SOURCE-

(Pub. L. 100-77, title VII, Sec. 722, as added Pub. L. 107-110,

title X, Sec. 1032, Jan. 8, 2002, 115 Stat. 1990.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (c)(2)(B)(i), is Pub. L. 93-638, Jan. 4,

1975, 88 Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,

Indians. For complete classification of this Act to the Code, see

Short Title note set out under section 450 of Title 25 and Tables.

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (g)(4)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of Title 20 and Tables.

The Runaway and Homeless Youth Act, referred to in subsec.

(g)(5)(A)(i), is title III of Pub. L. 93-415, Sept. 7, 1974, 88

Stat. 1129, which is classified generally to subchapter III (Sec.

5701 et seq.) of chapter 72 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5601 of this title and Tables.

This chapter, referred to in subsec. (g)(6)(A)(v), was in the

original "this Act", meaning Pub. L. 100-77, July 22, 1987, 101

Stat. 482, as amended, known as the McKinney-Vento Homeless

Assistance Act. For complete classification of this Act to the

Code, see Short Title note set out under section 11301 of this

title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 11432, Pub. L. 100-77, title VII, Sec. 722, as

added Pub. L. 103-382, title III, Sec. 323, Oct. 20, 1994, 108

Stat. 3957, related to grants for State and local activities for

education of homeless children and youth, prior to the general

amendment of this part by Pub. L. 107-110.

Another prior section 11432, Pub. L. 100-77, title VII, Sec. 722,

July 22, 1987, 101 Stat. 525; Pub. L. 100-628, title VII, Sec.

702(a), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101-645, title VI,

Sec. 612(b), Nov. 29, 1990, 104 Stat. 4735, related to grants for

State and local activities for education of homeless children and

youth, prior to the general amendment of this part by Pub. L.

103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11433, 11434 of this

title.

-End-

-CITE-

42 USC Sec. 11433 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

Sec. 11433. Local educational agency subgrants for the education of

homeless children and youths

-STATUTE-

(a) General authority

(1) In general

The State educational agency shall, in accordance with section

11432(e) of this title, and from amounts made available to such

agency under section 11435 of this title, make subgrants to local

educational agencies for the purpose of facilitating the

enrollment, attendance, and success in school of homeless

children and youths.

(2) Services

(A) In general

Services under paragraph (1) -

(i) may be provided through programs on school grounds or

at other facilities;

(ii) shall, to the maximum extent practicable, be provided

through existing programs and mechanisms that integrate

homeless children and youths with nonhomeless children and

youths; and

(iii) shall be designed to expand or improve services

provided as part of a school's regular academic program, but

not to replace such services provided under such program.

(B) Services on school grounds

If services under paragraph (1) are provided on school

grounds, schools -

(i) may use funds under this part to provide the same

services to other children and youths who are determined by

the local educational agency to be at risk of failing in, or

dropping out of, school, subject to the requirements of

clause (ii); and

(ii) except as otherwise provided in section 11432(e)(3)(B)

of this title, shall not provide services in settings within

a school that segregate homeless children and youths from

other children and youths, except as necessary for short

periods of time -

(I) for health and safety emergencies; or

(II) to provide temporary, special, and supplementary

services to meet the unique needs of homeless children and

youths.

(3) Requirement

Services provided under this section shall not replace the

regular academic program and shall be designed to expand upon or

improve services provided as part of the school's regular

academic program.

(b) Application

A local educational agency that desires to receive a subgrant

under this section shall submit an application to the State

educational agency at such time, in such manner, and containing or

accompanied by such information as the State educational agency may

reasonably require. Such application shall include the following:

(1) An assessment of the educational and related needs of

homeless children and youths in the area served by such agency

(which may be undertaken as part of needs assessments for other

disadvantaged groups).

(2) A description of the services and programs for which

assistance is sought to address the needs identified in paragraph

(1).

(3) An assurance that the local educational agency's combined

fiscal effort per student, or the aggregate expenditures of that

agency and the State with respect to the provision of free public

education by such agency for the fiscal year preceding the fiscal

year for which the determination is made, was not less than 90

percent of such combined fiscal effort or aggregate expenditures

for the second fiscal year preceding the fiscal year for which

the determination is made.

(4) An assurance that the applicant complies with, or will use

requested funds to comply with, paragraphs (3) through (7) of

section 11432(g) of this title.

(5) A description of policies and procedures, consistent with

section 11432(e)(3) of this title, that the agency will implement

to ensure that activities carried out by the agency will not

isolate or stigmatize homeless children and youths.

(c) Awards

(1) In general

The State educational agency shall, in accordance with the

requirements of this part and from amounts made available to it

under section 11435 of this title, make competitive subgrants to

local educational agencies that submit applications under

subsection (b) of this section. Such subgrants shall be awarded

on the basis of the need of such agencies for assistance under

this part and the quality of the applications submitted.

(2) Need

In determining need under paragraph (1), the State educational

agency may consider the number of homeless children and youths

enrolled in preschool, elementary, and secondary schools within

the area served by the local educational agency, and shall

consider the needs of such children and youths and the ability of

the local educational agency to meet such needs. The State

educational agency may also consider the following:

(A) The extent to which the proposed use of funds will

facilitate the enrollment, retention, and educational success

of homeless children and youths.

(B) The extent to which the application -

(i) reflects coordination with other local and State

agencies that serve homeless children and youths; and

(ii) describes how the applicant will meet the requirements

of section 11432(g)(3) of this title.

(C) The extent to which the applicant exhibits in the

application and in current practice a commitment to education

for all homeless children and youths.

(D) Such other criteria as the State agency determines

appropriate.

(3) Quality

In determining the quality of applications under paragraph (1),

the State educational agency shall consider the following:

(A) The applicant's needs assessment under subsection (b)(1)

of this section and the likelihood that the program presented

in the application will meet such needs.

(B) The types, intensity, and coordination of the services to

be provided under the program.

(C) The involvement of parents or guardians of homeless

children or youths in the education of their children.

(D) The extent to which homeless children and youths will be

integrated within the regular education program.

(E) The quality of the applicant's evaluation plan for the

program.

(F) The extent to which services provided under this part

will be coordinated with other services available to homeless

children and youths and their families.

(G) Such other measures as the State educational agency

considers indicative of a high-quality program, such as the

extent to which the local educational agency will provide case

management or related services to unaccompanied youths.

(4) Duration of grants

Grants awarded under this section shall be for terms not to

exceed 3 years.

(d) Authorized activities

A local educational agency may use funds awarded under this

section for activities that carry out the purpose of this part,

including the following:

(1) The provision of tutoring, supplemental instruction, and

enriched educational services that are linked to the achievement

of the same challenging State academic content standards and

challenging State student academic achievement standards the

State establishes for other children and youths.

(2) The provision of expedited evaluations of the strengths and

needs of homeless children and youths, including needs and

eligibility for programs and services (such as educational

programs for gifted and talented students, children with

disabilities, and students with limited English proficiency,

services provided under title I of the Elementary and Secondary

Education Act of 1965 [20 U.S.C. 6301 et seq.] or similar State

or local programs, programs in vocational and technical

education, and school nutrition programs).

(3) Professional development and other activities for educators

and pupil services personnel that are designed to heighten the

understanding and sensitivity of such personnel to the needs of

homeless children and youths, the rights of such children and

youths under this part, and the specific educational needs of

runaway and homeless youths.

(4) The provision of referral services to homeless children and

youths for medical, dental, mental, and other health services.

(5) The provision of assistance to defray the excess cost of

transportation for students under section 11432(g)(4)(A) of this

title, not otherwise provided through Federal, State, or local

funding, where necessary to enable students to attend the school

selected under section 11432(g)(3) of this title.

(6) The provision of developmentally appropriate early

childhood education programs, not otherwise provided through

Federal, State, or local funding, for preschool-aged homeless

children.

(7) The provision of services and assistance to attract,

engage, and retain homeless children and youths, and

unaccompanied youths, in public school programs and services

provided to nonhomeless children and youths.

(8) The provision for homeless children and youths of before-

and after-school, mentoring, and summer programs in which a

teacher or other qualified individual provides tutoring, homework

assistance, and supervision of educational activities.

(9) If necessary, the payment of fees and other costs

associated with tracking, obtaining, and transferring records

necessary to enroll homeless children and youths in school,

including birth certificates, immunization or medical records,

academic records, guardianship records, and evaluations for

special programs or services.

(10) The provision of education and training to the parents of

homeless children and youths about the rights of, and resources

available to, such children and youths.

(11) The development of coordination between schools and

agencies providing services to homeless children and youths, as

described in section 11432(g)(5) of this title.

(12) The provision of pupil services (including violence

prevention counseling) and referrals for such services.

(13) Activities to address the particular needs of homeless

children and youths that may arise from domestic violence.

(14) The adaptation of space and purchase of supplies for any

nonschool facilities made available under subsection (a)(2) of

this section to provide services under this subsection.

(15) The provision of school supplies, including those supplies

to be distributed at shelters or temporary housing facilities, or

other appropriate locations.

(16) The provision of other extraordinary or emergency

assistance needed to enable homeless children and youths to

attend school.

-SOURCE-

(Pub. L. 100-77, title VII, Sec. 723, as added Pub. L. 107-110,

title X, Sec. 1032, Jan. 8, 2002, 115 Stat. 2001.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (d)(2), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended generally. Title I of the Act is classified generally to

subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of Title 20 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 11433, Pub. L. 100-77, title VII, Sec. 723, as

added Pub. L. 103-382, title III, Sec. 323, Oct. 20, 1994, 108

Stat. 3962, related to local educational agency grants for

education of homeless children and youth, prior to the general

amendment of this part by Pub. L. 107-110.

Another prior section 11433, Pub. L. 100-77, title VII, Sec. 723,

July 22, 1987, 101 Stat. 527; Pub. L. 100-628, title VII, Sec.

702(b), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101-645, title VI,

Sec. 612(c), Nov. 29, 1990, 104 Stat. 4739, related to local

educational agency grants for education of homeless children and

youth, prior to the general amendment of this part by Pub. L.

103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11432 of this title.

-End-

-CITE-

42 USC Sec. 11434 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

Sec. 11434. Secretarial responsibilities

-STATUTE-

(a) Review of State plans

In reviewing the State plan submitted by a State educational

agency under section 11432(g) of this title, the Secretary shall

use a peer review process and shall evaluate whether State laws,

policies, and practices described in such plan adequately address

the problems of homeless children and youths relating to access to

education and placement as described in such plan.

(b) Technical assistance

The Secretary shall provide support and technical assistance to a

State educational agency to assist such agency in carrying out its

responsibilities under this part, if requested by the State

educational agency.

(c) Notice

The Secretary shall, before the next school year that begins

after January 8, 2002, create and disseminate nationwide a public

notice of the educational rights of homeless children and youths

and disseminate such notice to other Federal agencies, programs,

and grantees, including Head Start grantees, Health Care for the

Homeless grantees, Emergency Food and Shelter grantees, and

homeless assistance programs administered by the Department of

Housing and Urban Development.

(d) Evaluation and dissemination

The Secretary shall conduct evaluation and dissemination

activities of programs designed to meet the educational needs of

homeless elementary and secondary school students, and may use

funds appropriated under section 11435 of this title to conduct

such activities.

(e) Submission and distribution

The Secretary shall require applications for grants under this

part to be submitted to the Secretary not later than the expiration

of the 60-day period beginning on the date that funds are available

for purposes of making such grants and shall make such grants not

later than the expiration of the 120-day period beginning on such

date.

(f) Determination by Secretary

The Secretary, based on the information received from the States

and information gathered by the Secretary under subsection (h) of

this section, shall determine the extent to which State educational

agencies are ensuring that each homeless child and homeless youth

has access to a free appropriate public education, as described in

section 11431(1) of this title.

(g) Guidelines

The Secretary shall develop, issue, and publish in the Federal

Register, not later than 60 days after January 8, 2002, school

enrollment guidelines for States with respect to homeless children

and youths. The guidelines shall describe -

(1) successful ways in which a State may assist local

educational agencies to immediately enroll homeless children and

youths in school; and

(2) how a State can review the State's requirements regarding

immunization and medical or school records and make such

revisions to the requirements as are appropriate and necessary in

order to enroll homeless children and youths in school

immediately.

(h) Information

(1) In general

From funds appropriated under section 11435 of this title, the

Secretary shall, directly or through grants, contracts, or

cooperative agreements, periodically collect and disseminate data

and information regarding -

(A) the number and location of homeless children and youths;

(B) the education and related services such children and

youths receive;

(C) the extent to which the needs of homeless children and

youths are being met; and

(D) such other data and information as the Secretary

determines to be necessary and relevant to carry out this part.

(2) Coordination

The Secretary shall coordinate such collection and

dissemination with other agencies and entities that receive

assistance and administer programs under this part.

(i) Report

Not later than 4 years after January 8, 2002, the Secretary shall

prepare and submit to the President and the Committee on Education

and the Workforce of the House of Representatives and the Committee

on Health, Education, Labor, and Pensions of the Senate a report on

the status of education of homeless children and youths, which

shall include information on -

(1) the education of homeless children and youths; and

(2) the actions of the Secretary and the effectiveness of the

programs supported under this part.

-SOURCE-

(Pub. L. 100-77, title VII, Sec. 724, as added Pub. L. 107-110,

title X, Sec. 1032, Jan. 8, 2002, 115 Stat. 2004.)

-MISC1-

PRIOR PROVISIONS

A prior section 11434, Pub. L. 100-77, title VII, Sec. 724, as

added Pub. L. 103-382, title III, Sec. 323, Oct. 20, 1994, 108

Stat. 3964, related to Secretarial responsibilities, prior to the

general amendment of this part by Pub. L. 107-110.

Another prior section 11434, Pub. L. 100-77, title VII, Sec. 724,

July 22, 1987, 101 Stat. 528; Pub. L. 101-645, title VI, Sec.

612(d), Nov. 29, 1990, 104 Stat. 4742, related to national

responsibilities, prior to the general amendment of this part by

Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11432 of this title.

-End-

-CITE-

42 USC Sec. 11434a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

Sec. 11434a. Definitions

-STATUTE-

For purposes of this part:

(1) The terms "enroll" and "enrollment" include attending

classes and participating fully in school activities.

(2) The term "homeless children and youths" -

(A) means individuals who lack a fixed, regular, and adequate

nighttime residence (within the meaning of section 11302(a)(1)

of this title); and

(B) includes -

(i) children and youths who are sharing the housing of

other persons due to loss of housing, economic hardship, or a

similar reason; are living in motels, hotels, trailer parks,

or camping grounds due to the lack of alternative adequate

accommodations; are living in emergency or transitional

shelters; are abandoned in hospitals; or are awaiting foster

care placement;

(ii) children and youths who have a primary nighttime

residence that is a public or private place not designed for

or ordinarily used as a regular sleeping accommodation for

human beings (within the meaning of section 11302(a)(2)(C) of

this title);

(iii) children and youths who are living in cars, parks,

public spaces, abandoned buildings, substandard housing, bus

or train stations, or similar settings; and

(iv) migratory children (as such term is defined in section

6399 of title 20) who qualify as homeless for the purposes of

this part because the children are living in circumstances

described in clauses (i) through (iii).

(3) The terms "local educational agency" and "State educational

agency" have the meanings given such terms in section 7801 of

title 20.

(4) The term "Secretary" means the Secretary of Education.

(5) The term "State" means each of the 50 States, the District

of Columbia, and the Commonwealth of Puerto Rico.

(6) The term "unaccompanied youth" includes a youth not in the

physical custody of a parent or guardian.

-SOURCE-

(Pub. L. 100-77, title VII, Sec. 725, as added Pub. L. 107-110,

title X, Sec. 1032, Jan. 8, 2002, 115 Stat. 2005.)

-MISC1-

PRIOR PROVISIONS

A prior section 11434a, Pub. L. 100-77, title VII, Sec. 725, as

added Pub. L. 103-382, title III, Sec. 323, Oct. 20, 1994, 108

Stat. 3965, defined terms, prior to the general amendment of this

part by Pub. L. 107-110.

Another prior section 11434a, Pub. L. 100-77, title VII, Sec.

725, as added Pub. L. 101-645, title VI, Sec. 613(2), Nov. 29,

1990, 104 Stat. 4743, related to reports by Comptroller General,

prior to the general amendment of this part by Pub. L. 103-382.

A prior section 725 of Pub. L. 100-77 was renumbered section 726

and was classified to section 11435 of this title, prior to the

general amendment of this part by Pub. L. 103-382.

-End-

-CITE-

42 USC Sec. 11435 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part B - Education for Homeless Children and Youths

-HEAD-

Sec. 11435. Authorization of appropriations

-STATUTE-

For the purpose of carrying out this part, there are authorized

to be appropriated $70,000,000 for fiscal year 2002 and such sums

as may be necessary for each of fiscal years 2003 through 2007.

-SOURCE-

(Pub. L. 100-77, title VII, Sec. 726, as added Pub. L. 107-110,

title X, Sec. 1032, Jan. 8, 2002, 115 Stat. 2006.)

-MISC1-

PRIOR PROVISIONS

A prior section 11435, Pub. L. 100-77, title VII, Sec. 726, as

added Pub. L. 103-382, title III, Sec. 323, Oct. 20, 1994, 108

Stat. 3965, authorized appropriations, prior to the general

amendment of this part by Pub. L. 107-110.

Another prior section 11435, Pub. L. 100-77, title VII, Sec. 726,

formerly Sec. 725, July 22, 1987, 101 Stat. 528; Pub. L. 100-628,

title VII, Sec. 702(c), Nov. 7, 1988, 102 Stat. 3245; renumbered

Sec. 726, Pub. L. 101-645, title VI, Sec. 613(1), Nov. 29, 1990,

104 Stat. 4743, defined terms used in this part, prior to the

general amendment of this part by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11432, 11433, 11434 of

this title.

-End-

-CITE-

42 USC Part C - Job Training for Homeless 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part C - Job Training for Homeless

-HEAD-

PART C - JOB TRAINING FOR HOMELESS

-End-

-CITE-

42 USC Secs. 11441 to 11447 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part C - Job Training for Homeless

-HEAD-

Secs. 11441 to 11447. Repealed. Pub. L. 105-220, title I, Sec.

199(a)(5), Aug. 7, 1998, 112 Stat. 1059

-MISC1-

Section 11441, Pub. L. 100-77, title VII, Sec. 731, July 22,

1987, 101 Stat. 528, authorized demonstration program for homeless

individuals.

Section 11442, Pub. L. 100-77, title VII, Sec. 732, July 22,

1987, 101 Stat. 528, related to State coordination with

demonstration grant recipients.

Section 11443, Pub. L. 100-77, title VII, Sec. 733, July 22,

1987, 101 Stat. 529; Pub. L. 101-645, title VI, Sec. 621(a), Nov.

29, 1990, 104 Stat. 4743, related to application for grants.

Section 11444, Pub. L. 100-77, title VII, Sec. 734, July 22,

1987, 101 Stat. 529, related to authorized activities.

Section 11445, Pub. L. 100-77, title VII, Sec. 735, July 22,

1987, 101 Stat. 529, related to payments, Federal share, and

limitations.

Section 11446, Pub. L. 100-77, title VII, Sec. 736, July 22,

1987, 101 Stat. 530, related to evaluation of projects.

Section 11447, Pub. L. 100-77, title VII, Sec. 737, July 22,

1987, 101 Stat. 530; Pub. L. 100-628, title VII, Sec. 703(a), Nov.

7, 1988, 102 Stat. 3246, defined terms.

-End-

-CITE-

42 USC Sec. 11448 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part C - Job Training for Homeless

-HEAD-

Sec. 11448. Repealed. Pub. L. 107-95, Sec. 5(e)(4), Dec. 21, 2001,

115 Stat. 918

-MISC1-

Section, Pub. L. 100-77, title VII, Sec. 738, July 22, 1987, 101

Stat. 530; Pub. L. 102-590, Sec. 11(a), Nov. 10, 1992, 106 Stat.

5141; Pub. L. 104-110, title I, Sec. 102(d)(1), Feb. 13, 1996, 110

Stat. 769; Pub. L. 104-275, title VI, Sec. 601(b), Oct. 9, 1996,

110 Stat. 3344; Pub. L. 105-114, title II, Sec. 203(c)(1), Nov. 21,

1997, 111 Stat. 2288, related to programs to expedite the

reintegration of homeless veterans into the labor force.

-End-

-CITE-

42 USC Secs. 11449, 11450 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part C - Job Training for Homeless

-HEAD-

Secs. 11449, 11450. Repealed. Pub. L. 105-220, title I, Sec.

199(a)(5), Aug. 7, 1998, 112 Stat. 1059

-MISC1-

Section 11449, Pub. L. 100-77, title VII, Sec. 739, July 22,

1987, 101 Stat. 531; Pub. L. 100-628, title VII, Sec. 703(b), (c),

Nov. 7, 1988, 102 Stat. 3246; Pub. L. 101-165, title IX, Sec.

9119(a), Nov. 21, 1989, 103 Stat. 1157; Pub. L. 101-645, title VI,

Sec. 621(b), Nov. 29, 1990, 104 Stat. 4744; Pub. L. 102-590, Sec.

11(b)(1), Nov. 10, 1992, 106 Stat. 5141; Pub. L. 103-239, title

VII, Sec. 701(a), May 4, 1994, 108 Stat. 605, authorized

appropriations.

Section 11450, Pub. L. 100-77, title VII, Sec. 741, July 22,

1987, 101 Stat. 532; Pub. L. 101-645, title VI, Sec. 621(c), Nov.

29, 1990, 104 Stat. 4744; Pub. L. 102-590, Sec. 11(b)(2), Nov. 10,

1992, 106 Stat. 5141; Pub. L. 103-239, title VII, Sec. 701(b), May

4, 1994, 108 Stat. 606; Pub. L. 104-110, title I, Sec. 102(d)(2),

Feb. 13, 1996, 110 Stat. 769; Pub. L. 105-114, title II, Sec.

203(c)(2), Nov. 21, 1997, 111 Stat. 2288, provided for termination

of this part on Dec. 31, 1999.

-End-

-CITE-

42 USC Part D - Emergency Community Services Homeless

Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part D - Emergency Community Services Homeless Grant Program

-HEAD-

PART D - EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM

-End-

-CITE-

42 USC Secs. 11461 to 11466 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part D - Emergency Community Services Homeless Grant Program

-HEAD-

Secs. 11461 to 11466. Repealed. Pub. L. 105-220, title I, Sec.

199(b)(1), Aug. 7, 1998, 112 Stat. 1059

-MISC1-

Section 11461, Pub. L. 100-77, title VII, Sec. 751, July 22,

1987, 101 Stat. 532, established emergency community services

homeless grant program.

Section 11462, Pub. L. 100-77, title VII, Sec. 752, July 22,

1987, 101 Stat. 532; Pub. L. 100-628, title VII, Sec. 704(a), Nov.

7, 1988, 102 Stat. 3246, related to allocation of grants.

Section 11463, Pub. L. 100-77, title VII, Sec. 753, July 22,

1987, 101 Stat. 532; Pub. L. 100-628, title VII, Sec. 704(b), (c),

Nov. 7, 1988, 102 Stat. 3246; Pub. L. 101-645, title VI, Sec.

631(a), (b), Nov. 29, 1990, 104 Stat. 4746, related to program

requirements.

Section 11464, Pub. L. 100-77, title VII, Sec. 754, July 22,

1987, 101 Stat. 533; Pub. L. 100-628, title VII, Sec. 704(d), Nov.

7, 1988, 102 Stat. 3247; Pub. L. 101-645, title VI, Sec. 631(c),

Nov. 29, 1990, 104 Stat. 4746; Pub. L. 103-252, title II, Sec. 206,

May 18, 1994, 108 Stat. 656, authorized appropriations.

Section 11465, Pub. L. 100-77, title VII, Sec. 755, as added Pub.

L. 101-645, title VI, Sec. 641, Nov. 29, 1990, 104 Stat. 4746,

related to evaluation of services provided to homeless individuals.

Section 11466, Pub. L. 100-77, title VII, Sec. 756, as added Pub.

L. 101-645, title VI, Sec. 641, Nov. 29, 1990, 104 Stat. 4747,

required report by General Accounting Office.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1999, see section 199(c)(2)(A) of Pub.

L. 105-220, set out as a note under section 11421 of this title.

-End-

-CITE-

42 USC Part E - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part E - Miscellaneous Provisions

-HEAD-

PART E - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Secs. 11471, 11472 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part E - Miscellaneous Provisions

-HEAD-

Secs. 11471, 11472. Repealed. Pub. L. 105-220, title I, Sec.

199(b)(1), Aug. 7, 1998, 112 Stat. 1059

-MISC1-

Section 11471, Pub. L. 100-77, title VII, Sec. 761, July 22,

1987, 101 Stat. 533, authorized grant for study of causes of youth

homelessness.

Section 11472, Pub. L. 100-77, title VII, Sec. 762, July 22,

1987, 101 Stat. 533, related to set-asides for Native Americans.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1999, see section 199(c)(2)(A) of Pub.

L. 105-220, set out as a note under section 11421 of this title.

-End-

-CITE-

42 USC Part F - Family Support Centers 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part F - Family Support Centers

-HEAD-

PART F - FAMILY SUPPORT CENTERS

-End-

-CITE-

42 USC Secs. 11481 to 11489 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 119 - HOMELESS ASSISTANCE

SUBCHAPTER VI - EDUCATION AND TRAINING

Part F - Family Support Centers

-HEAD-

Secs. 11481 to 11489. Repealed. Pub. L. 104-235, title I, Sec.

142(b), Oct. 3, 1996, 110 Stat. 3089

-MISC1-

Section 11481, Pub. L. 100-77, title VII, Sec. 771, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4747,

related to definitions for this part.

Section 11482, Pub. L. 100-77, title VII, Sec. 772, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4749;

amended Pub. L. 103-382, title III, Sec. 370(a), Oct. 20, 1994, 108

Stat. 3976, related to general grants for demonstration programs to

encourage provision of supportive services to low-income

individuals and families.

Section 11483, Pub. L. 100-77, title VII, Sec. 773, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4752,

related to requirement that family support grant recipients were to

use not more than 7 percent of such grant to improve the retention

and effectiveness of staff and volunteers.

Section 11484, Pub. L. 100-77, title VII, Sec. 774, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4752;

amended Pub. L. 103-382, title III, Sec. 370(d), Oct. 20, 1994, 108

Stat. 3977, related to family case managers.

Section 11485, Pub. L. 100-77, title VII, Sec. 775, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4752,

related to Gateway programs.

Section 11486, Pub. L. 100-77, title VII, Sec. 776, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4754,

related to evaluation of programs and entities that received

assistance under this subchapter.

Section 11487, Pub. L. 100-77, title VII, Sec. 777, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4754;

amended Pub. L. 103-382, title III, Sec. 370(b), Oct. 20, 1994, 108

Stat. 3977, related to submission of reports to Congress by the

Secretary.

Section 11488, Pub. L. 100-77, title VII, Sec. 778, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4755,

provided that nothing in this part was to be construed to modify

Federal selection preferences described in section 1437d of this

title or authorized policies and procedures of governmental housing

authorities operating under annual assistance contracts pursuant to

section 1437 et seq. of this title with respect to admissions,

tenant selection and evictions.

Section 11489, Pub. L. 100-77, title VII, Sec. 779, as added Pub.

L. 101-645, title VI, Sec. 651, Nov. 29, 1990, 104 Stat. 4755;

amended Pub. L. 103-382, title III, Sec. 370(c), Oct. 20, 1994, 108

Stat. 3977, authorized appropriations to carry out this part.

-End-