-CITE-
    42 USC CHAPTER 119 - HOMELESS ASSISTANCE                    01/03/2007

-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.                             
    11302.      General definition of homeless individual.        
    11303.      Funding availability and limitations.             
    11304.      Evaluation by Comptroller General.                

     SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS 
    11311.      Establishment.                                    
    11312.      Membership.                                       
    11313.      Functions.                                        
    11314.      Director and staff.                               
    11315.      Powers.                                           
    11316.      Transfer of functions.                            
    11317.      Definitions.                                      
    11318.      Authorization of appropriations.                  
    11319.      Termination.                                      
    11320.      Encouragement of State involvement.               

      SUBCHAPTER III - FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER
                                  PROGRAM

                    PART A - ADMINISTRATIVE PROVISIONS                
    11331.      Emergency Food and Shelter Program National Board.
    11332.      Local boards.                                     
    11333.      Role of Federal Emergency Management Agency.      
    11334.      Records and audit of National Board and recipients
                     of assistance.                                   
    11335.      Annual report.                                    

                PART B - EMERGENCY FOOD AND SHELTER GRANTS            
    11341.      Grants by Director.                               
    11342.      Retention of interest earned.                     
    11343.      Purposes of grants.                               
    11344.      Limitation on certain costs.                      
    11345.      Disbursement of funds.                            
    11346.      Program guidelines.                               

                        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.        
    11374.      Eligible activities.                              
    11375.      Responsibilities of recipients.                   
    11376.      Administrative provisions.                        
    11377.      Authorization of appropriations.                  
    11378.      Administrative costs.                             

                    PART C - SUPPORTIVE HOUSING PROGRAM                
    11381.      Purpose.                                          
    11382.      Definitions.                                      
    11383.      Eligible activities.                              
    11384.      Supportive housing.                               
    11385.      Supportive services.                              
    11386.      Program requirements.                             
    11387.      Regulations.                                      
    11388.      Reports to Congress.                              
    11389.      Authorization of appropriations.                  

    PART D - SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM
    11391.      Establishment of demonstration.                   
    11392.      Definitions.                                      
    11393.      Program assistance.                               
    11394.      Program requirements.                             
    11395.      Occupancy charge.                                 
    11396.      Termination of assistance.                        
    11397.      Evaluation and report.                            
    11398.      Regulations.                                      
    11399.      Authorization of appropriations.                  

                     PART E - MISCELLANEOUS PROVISIONS                 
    11401.      Section 1437f assistance for single room occupancy
                     dwellings.                                       
    11402.      Environmental review.                             

                    PART F - SHELTER PLUS CARE PROGRAM                

                     SUBPART I - GENERAL REQUIREMENTS                 
    11403.      Purpose.                                          
    11403a.     Rental housing assistance.                        
    11403b.     Supportive services requirements.                 
    11403c.     Applications.                                     
    11403d.     Selection criteria.                               
    11403e.     Required agreements.                              
    11403e-1.   Housing standards and rent reasonableness.        
    11403e-2.   Tenant rent.                                      
    11403e-3.   Administrative fees.                              
    11403e-4.   Occupancy.                                        
    11403f.     Termination of assistance.                        
    11403g.     Definitions.                                      
    11403h.     Authorization of appropriations.                  

                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.        

               SUBPART IV - SPONSOR-BASED RENTAL ASSISTANCE           
    11406.      Authority.                                        
    11406a.     Housing assistance.                               
    11406b.     Term of contract and 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.                 
    11408a.     Use of FMHA inventory for transitional housing for
                     homeless persons and for turnkey housing.        

     SUBCHAPTER V - IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY 
    11411.      Use of unutilized and underutilized public
                     buildings and real property to assist the
                     homeless.                                        
    11412.      Making surplus personal property available to
                     nonprofit agencies.                              

                  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.       
    11433.      Local educational agency subgrants for the
                     education of homeless children and youths.       
    11434.      Secretarial responsibilities.                     
    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.                                         

-End-


-CITE-
    42 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-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                                           01/03/2007

-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 the United States Interagency Council on
      Homelessness;
        (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;
    Pub. L. 108-199, div. G, title II, Sec. 216(2), Jan. 23, 2004, 118
    Stat. 394.)

-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-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-199 substituted "the United
    States Interagency Council on Homelessness" for "an Interagency
    Council on the Homeless".

                       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                                           01/03/2007

-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.

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


-End-



-CITE-
    42 USC Sec. 11303                                           01/03/2007

-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                                           01/03/2007

-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 - UNITED STATES INTERAGENCY COUNCIL
           ON HOMELESSNESS                                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-HEAD-
     SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS 


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-199, div. G, title II, Sec. 216(3), Jan. 23,
    2004, 118 Stat. 394, substituted "UNITED STATES INTERAGENCY COUNCIL
    ON HOMELESSNESS" for "INTERAGENCY COUNCIL ON THE HOMELESS" in
    subchapter heading.

-End-



-CITE-
    42 USC Sec. 11311                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-HEAD-
    Sec. 11311. Establishment

-STATUTE-
      There is established in the executive branch an independent
    establishment to be known as the United States Interagency Council
    on Homelessness.

-SOURCE-
    (Pub. L. 100-77, title II, Sec. 201, July 22, 1987, 101 Stat. 486;
    Pub. L. 108-199, div. G, title II, Sec. 216(4), Jan. 23, 2004, 118
    Stat. 394.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-199 substituted "United States Interagency
    Council on Homelessness" for "Interagency Council on the Homeless".

-End-



-CITE-
    42 USC Sec. 11312                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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 Administrator of the Federal Emergency Management
      Agency, or the designee of the Administrator.
        (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; Pub. L. 109-295, title VI, Sec. 612(c),
    Oct. 4, 2006, 120 Stat. 1410.)


-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."

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency" and
    "Administrator" substituted for "Director of the Federal Emergency
    Management Agency" and "Director", respectively, in subsec. (a)(13)
    on authority of section 612(c) of Pub. L. 109-295, set out as a
    note under section 313 of Title 6, Domestic Security. Any reference
    to the Administrator of the Federal Emergency Management Agency in
    title VI of Pub. L. 109-295 or an amendment by title VI to be
    considered to refer and apply to the Director of the Federal
    Emergency Management Agency until Mar. 31, 2007, see section
    612(f)(2) of Pub. L. 109-295, set out as a note under section 313
    of Title 6.


-MISC2-
                     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 all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      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 former section 313(1) and sections
    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. 11313                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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-
                         EXECUTIVE ORDER NO. 12848                     
      Ex. Ord. No. 12848, May 19, 1993, 58 F.R. 29517, required Federal
    member agencies acting through the Interagency Council on the
    Homeless to develop a single coordinated Federal plan for breaking
    the cycle of existing homelessness and for preventing future
    homelessness and to submit the plan to the President no later than
    9 months after May 19, 1993.

-End-



-CITE-
    42 USC Sec. 11314                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-HEAD-
    Sec. 11317. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "Council" means the United States Interagency
      Council on Homelessness 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;
    Pub. L. 108-199, div. G, title II, Sec. 216(4), Jan. 23, 2004, 118
    Stat. 394.)


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (1). Pub. L. 108-199 substituted "United States
    Interagency Council on Homelessness" for "Interagency Council on
    the Homeless".

-End-



-CITE-
    42 USC Sec. 11318                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-HEAD-
    Sec. 11319. Termination

-STATUTE-
      The Council shall cease to exist, and the requirements of this
    subchapter shall terminate, on October 1, 2006.

-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; Pub. L. 109-115, div. A, title VI, Nov. 30,
    2005, 119 Stat. 2490.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-115 substituted "2006" for "2005".
      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                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 119 - HOMELESS ASSISTANCE
    SUBCHAPTER II - UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

-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                             01/03/2007

-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

-End-


-CITE-
    42 USC Part A - Administrative Provisions                   01/03/2007

-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                                           01/03/2007

-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 Administrator 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;
    Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat.
    1410.)

-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.

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in subsec. (a) on authority of section 612(c) of Pub. L.
    109-295, set out as a note under section 313 of Title 6, Domestic
    Security. Any reference to the Administrator of the Federal
    Emergency Management Agency in title VI of Pub. L. 109-295 or an
    amendment by title VI to be considered to refer and apply to the
    Director of the Federal Emergency Management Agency until Mar. 31,
    2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      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 former section 313(1) and sections
    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                                           01/03/2007

-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                                           01/03/2007

-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 all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      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 former section 313(1) and sections
    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                                           01/03/2007

-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                                           01/03/2007

-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.

-End-


-CITE-
    42 USC Part B - Emergency Food and Shelter Grants           01/03/2007

-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                                           01/03/2007

-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 all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      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 former section 313(1) and sections
    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                                           01/03/2007

-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                                           01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 11344                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                          01/03/2007

-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                                           01/03/2007

-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 Administrator 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;
    Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat.
    1410.)

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in par. (1) on authority of section 612(c) of Pub. L. 109-
    295, set out as a note under section 313 of Title 6, Domestic
    Security. Any reference to the Administrator of the Federal
    Emergency Management Agency in title VI of Pub. L. 109-295 or an
    amendment by title VI to be considered to refer and apply to the
    Director of the Federal Emergency Management Agency until Mar. 31,
    2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      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 former section 313(1) and sections
    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.

-End-



-CITE-
    42 USC Sec. 11352                                           01/03/2007

-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                   01/03/2007

-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."

-End-


-CITE-
    42 USC Part A - Comprehensive Homeless Assistance Plan      01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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            01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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."

-End-



-CITE-
    42 USC Sec. 11375                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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."

-End-



-CITE-
    42 USC Sec. 11378                                           01/03/2007

-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                  01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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.
      (8) Confidentiality
        (A) Victim service providers
          In the course of awarding grants or implementing programs
        under this section, the Secretary shall instruct any victim
        service provider that is a recipient or subgrantee not to
        disclose for purposes of a Homeless Management Information
        System personally identifying information about any client. The
        Secretary may, after public notice and comment, require or ask
        such recipients and subgrantees to disclose for purposes of a
        Homeless Management Information System non-personally
        identifying data that has been de-identified, encrypted, or
        otherwise encoded. Nothing in this section shall be construed
        to supersede any provision of any Federal, State, or local law
        that provides greater protection than this paragraph for
        victims of domestic violence, dating violence, sexual assault,
        or stalking.
        (B) Definitions
          (i) Personally identifying information or personal
            information
            The term "personally identifying information" or "personal
          information" means individually identifying information for
          or about an individual including information likely to
          disclose the location of a victim of domestic violence,
          dating violence, sexual assault, or stalking, including - 
              (I) a first and last name;
              (II) a home or other physical address;
              (III) contact information (including a postal, e-mail or
            Internet protocol address, or telephone or facsimile
            number);
              (IV) a social security number; and
              (V) any other information, including date of birth,
            racial or ethnic background, or religious affiliation,
            that, in combination with any other non-personally
            identifying information would serve to identify any
            individual.
          (ii) Victim service provider
            The term "victim service provider" means a nonprofit,
          nongovernmental organization including rape crisis centers,
          battered women's shelters, domestic violence transitional
          housing programs, and other programs whose primary mission is
          to provide services to victims of domestic violence, dating
          violence, sexual assault, or stalking.
    (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; Pub. L. 109-162, title VI, Sec. 605(1),
    Jan. 5, 2006, 119 Stat. 3041; Pub. L. 109-271, Sec. 5(b), Aug. 12,
    2006, 120 Stat. 759.)

-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                            
      2006 - Subsec. (a)(8). Pub. L. 109-162, which directed the
    addition of par. (8) to subsec. (a) of section 423 of the Stewart
    B. McKinney Homeless Assistance Act, was executed by adding par.
    (8) to subsec. (a) of this section, which is section 423 of the
    McKinney-Vento Homeless Assistance Act, to reflect the probable
    intent of Congress.
      Subsec. (a)(8)(A). Pub. L. 109-271, Sec. 5(b)(1), which directed
    amendment of section 423(a)(8) of the Stewart B. McKinney Homeless
    Assistance Act by substituting "section" for "subsection", was
    executed to subsec. (a)(8) of this section, which is section 423 of
    the McKinney-Vento Homeless Assistance Act, to reflect the probable
    intent of Congress.
      Subsec. (a)(8)(B)(ii). Pub. L. 109-271, Sec. 5(b)(2), which
    directed amendment of section 423(a)(8)(B)(ii) of the Stewart B.
    McKinney Homeless Assistance Act by striking out "or 'victim
    service providers' " after " 'victim service provider' ", was
    executed to subsec. (a)(8)(B)(ii) of this section, which is section
    423 of the McKinney-Vento Homeless Assistance Act, to reflect the
    probable intent of Congress.
      2000 - Subsec. (a)(7). Pub. L. 106-377 added par. (7).

-End-



-CITE-
    42 USC Sec. 11384                                           01/03/2007

-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).

-End-



-CITE-
    42 USC Sec. 11385                                           01/03/2007

-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).

-End-



-CITE-
    42 USC Sec. 11386                                           01/03/2007

-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).

-End-



-CITE-
    42 USC Sec. 11387                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                 01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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).

-End-



-CITE-
    42 USC Sec. 11394                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                    01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                   01/03/2007

-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                

-End-


-CITE-
    42 USC subpart i - general requirements                     01/03/2007

-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                                           01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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.)

-End-



-CITE-
    42 USC Sec. 11403c                                          01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                                        01/03/2007

-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                                        01/03/2007

-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                                        01/03/2007

-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                                        01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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.

-End-


-CITE-
    42 USC subpart ii - tenant-based rental assistance          01/03/2007

-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            

-End-



-CITE-
    42 USC Sec. 11404                                           01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                               01/03/2007

-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        01/03/2007

-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           

-End-



-CITE-
    42 USC Sec. 11405                                           01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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         01/03/2007

-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           

-End-



-CITE-
    42 USC Sec. 11406                                           01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                                       01/03/2007

-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

-End-



-CITE-
    42 USC Sec. 11407                                           01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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           01/03/2007

-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                                           01/03/2007

-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                                          01/03/2007

-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                                01/03/2007

-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 

-End-



-CITE-
    42 USC Sec. 11411                                           01/03/2007

-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 United States
    Interagency Council on Homelessness. 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 United
    States Interagency Council on Homelessness.
      (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; Pub. L. 108-199, div. G, title II, Sec. 216(4),
    Jan. 23, 2004, 118 Stat. 394.)

-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                            
      2004 - Subsecs. (c)(2)(A), (d)(3). Pub. L. 108-199 substituted
    "United States Interagency Council on Homelessness" for
    "Interagency Council on the Homeless".
      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."

-End-



-CITE-
    42 USC Sec. 11412                                           01/03/2007

-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               01/03/2007

-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                01/03/2007

-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                                           01/03/2007

-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.

-MISC1-
    Sec. 11421. Repealed. Pub. L. 105-220, title I, Sec. 199(b)(1),
      Aug. 7, 1998, 112 Stat. 1059.
      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                                01/03/2007

-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        

-End-



-CITE-
    42 USC Sec. 11431                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 11432                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 11433                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 11434                                           01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 11434a                                          01/03/2007

-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                                           01/03/2007

-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.

-End-


-CITE-
    42 USC Part C - Job Training for Homeless                   01/03/2007

-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                                 01/03/2007

-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.

-MISC1-
    Secs. 11441 to 11447. Repealed. Pub. L. 105-220, title I, Sec.
      199(a)(5), Aug. 7, 1998, 112 Stat. 1059.
      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                                           01/03/2007

-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.

-MISC1-
    Sec. 11448. Repealed. Pub. L. 107-95, Sec. 5(e)(4), Dec. 21, 2001,
      115 Stat. 918.
      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                                   01/03/2007

-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.

-MISC1-
    Secs. 11449, 11450. Repealed. Pub. L. 105-220, title I, Sec.
      199(a)(5), Aug. 7, 1998, 112 Stat. 1059.
      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                         01/03/2007

-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                                 01/03/2007

-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.

-MISC1-
    Secs. 11461 to 11466. Repealed. Pub. L. 105-220, title I, Sec.
      199(b)(1), Aug. 7, 1998, 112 Stat. 1059.
      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                    01/03/2007

-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                                   01/03/2007

-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.

-MISC1-
    Secs. 11471, 11472. Repealed. Pub. L. 105-220, title I, Sec.
      199(b)(1), Aug. 7, 1998, 112 Stat. 1059.
      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                      01/03/2007

-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                                 01/03/2007

-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.

-MISC1-
    Secs. 11481 to 11489. Repealed. Pub. L. 104-235, title I, Sec.
      142(b), Oct. 3, 1996, 110 Stat. 3089.
      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-