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42 U.S.C. § 11341 (THE PUBLIC HEALTH AND WELFARE)
§ 11341. Grants by Director
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.
(Pub. L. 100–77, title III, § 311, July 22, 1987, 101 Stat. 492.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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.
42 U.S.C. § 11346 (THE PUBLIC HEALTH AND WELFARE)
§ 11346. Program guidelines
(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) 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.
(Pub. L. 100–77, title III, § 316, July 22, 1987, 101 Stat. 493; Pub. L. 102–550, title XIV, § 1432, Oct. 28, 1992, 106 Stat. 4043.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a)(5), (6). Pub. L. 102–550 added pars. (5) and (6).
42 U.S.C. § 11352 (THE PUBLIC HEALTH AND WELFARE)
§ 11352. Authorization of appropriations
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.
(Pub. L. 100–77, title III, § 322, July 22, 1987, 101 Stat. 493; Pub. L. 100–628, title III, § 302, Nov. 7, 1988, 102 Stat. 3229; Pub. L. 101–645, title II, § 201, Nov. 29, 1990, 104 Stat. 4675; Pub. L. 102–550, title XIV, § 1431, Oct. 28, 1992, 106 Stat. 4043.)
heading: Editorial Notes
heading: Amendments
text: 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”.
42 U.S.C. § 11361a (THE PUBLIC HEALTH AND WELFARE)
§ 11361a. Preventing involuntary family separation
(a) In general
After the expiration of the 2-year period that begins upon May 20, 2009, and except as provided in subsection (b), any project sponsor receiving funds under this subchapter to provide emergency shelter, transitional housing, or permanent housing to families with children under age 18 shall not deny admission to any family based on the age of any child under age 18.
(b) Exception
Notwithstanding the requirement under subsection (a), project sponsors of transitional housing receiving funds under this subchapter may target transitional housing resources to families with children of a specific age only if the project sponsor—
(1) operates a transitional housing program that has a primary purpose of implementing an evidence-based practice that requires that housing units be targeted to families with children in a specific age group; and
(2) provides such assurances, as the Secretary shall require, that an equivalent appropriate alternative living arrangement for the whole family or household unit has been secured.
(Pub. L. 100–77, title IV, § 404, as added Pub. L. 111–22, div. B, title I, § 1103, May 20, 2009, 123 Stat. 1677.)
heading: Editorial Notes
heading: Codification
text: Section 1103 of Pub. L. 111–22, which directed amendment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section after section 403 (as so redesignated by section 1101(2) of Pub. L. 111–22), was executed by adding this section following section 403 (42 U.S.C. 11361) of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11361b (THE PUBLIC HEALTH AND WELFARE)
§ 11361b. Technical assistance
(a) In general
The Secretary shall make available technical assistance to private nonprofit organizations and other nongovernmental entities, States, metropolitan cities, urban counties, and counties that are not urban counties, to implement effective planning processes for preventing and ending homelessness, to improve their capacity to prepare collaborative applications, to prevent the separation of families in emergency shelter or other housing programs, and to adopt and provide best practices in housing and services for persons experiencing homeless.
(b) Reservation
The Secretary shall reserve not more than 1 percent of the funds made available for any fiscal year for carrying out parts B and C, to provide technical assistance under subsection (a).
(Pub. L. 100–77, title IV, § 405, as added Pub. L. 111–22, div. B, title I, § 1103, May 20, 2009, 123 Stat. 1677.)
heading: Editorial Notes
heading: Codification
text: Section 1103 of Pub. L. 111–22, which directed amendment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section after section 404, was executed by adding this section following section 404 (42 U.S.C. 11361a) of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11363 (THE PUBLIC HEALTH AND WELFARE)
§ 11363. Protection of personally identifying information by victim service providers
In the course of awarding grants or implementing programs under this subchapter, the Secretary shall instruct any victim service provider that is a recipient or subgrantee not to disclose for purposes of the Homeless Management Information System any 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 the Homeless Management Information System non-personally identifying information 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 subsection for victims of domestic violence, dating violence, sexual assault, or stalking.
(Pub. L. 100–77, title IV, § 407, as added Pub. L. 111–22, div. B, title I, § 1104, May 20, 2009, 123 Stat. 1677.)
heading: Editorial Notes
heading: Codification
text: Section 1104 of Pub. L. 111–22, which directed amendment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section at the end, was executed by adding this section at the end of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11364 (THE PUBLIC HEALTH AND WELFARE)
§ 11364. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter $2,200,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.
(Pub. L. 100–77, title IV, § 408, as added Pub. L. 111–22, div. B, title I, § 1105, May 20, 2009, 123 Stat. 1678.)
heading: Editorial Notes
heading: Codification
text: Section 1105 of Pub. L. 111–22, which directed amendment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section at the end, was executed by adding this section at the end of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11372 (THE PUBLIC HEALTH AND WELFARE)
§ 11372. Grant assistance
The Secretary shall make grants to States and local governments (and to private nonprofit organizations providing assistance to persons experiencing homelessness or at risk of homelessness, in the case of grants made with reallocated amounts) for the purpose of carrying out activities described in section 11374 of this title.
(Pub. L. 100–77, title IV, § 412, as added Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 11372, Pub. L. 100–77, title IV, § 412, July 22, 1987, 101 Stat. 496; Pub. L. 101–625, title VIII, § 832(f)(2), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(2), Oct. 26, 1996, 110 Stat. 4044, which related to grant assistance, was repealed by Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11372a (THE PUBLIC HEALTH AND WELFARE)
§ 11372a. Amount and allocation of assistance
(a) In general
Of the amount made available to carry out this part and part C for a fiscal year, the Secretary shall allocate nationally 20 percent of such amount for activities described in section 11374 of this title. The Secretary shall be required to certify that such allocation will not adversely affect the renewal of existing projects under this part and part C for those individuals or families who are homeless.
(b) Allocation
An entity that receives a grant under section 11372 of this title, and serves an area that includes 1 or more geographic areas (or portions of such areas) served by collaborative applicants that submit applications under part C, shall allocate the funds made available through the grant to carry out activities described in section 11374 of this title, in consultation with the collaborative applicants.
(Pub. L. 100–77, title IV, § 413, as added Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 413 of Pub. L. 100–77 was renumbered section 414 and is classified to section 11373 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11377 (THE PUBLIC HEALTH AND WELFARE)
§ 11377. Repealed. Pub. L. 111–22, div. B, title II, § 1201(2), May 20, 2009, 123 Stat. 1678
text: Section, Pub. L. 100–77, title IV, § 417, July 22, 1987, 101 Stat. 498; Pub. L. 100–628, title IV, § 425, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(a), Nov. 28, 1990, 104 Stat. 4359; Pub. L. 102–550, title XIV, § 1402(a), Oct. 28, 1992, 106 Stat. 4012, authorized appropriations for fiscal years 1993 and 1994.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11378 (THE PUBLIC HEALTH AND WELFARE)
§ 11378. Administrative costs
A recipient may use up to 7.5 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.
(Pub. L. 100–77, title IV, § 418, as added Pub. L. 101–625, title VIII, § 832(b)(1), Nov. 28, 1990, 104 Stat. 4359; amended Pub. L. 111–22, div. B, title II, § 1204, May 20, 2009, 123 Stat. 1680.)
heading: Editorial Notes
heading: Amendments
text: 2009—Pub. L. 111–22 substituted “7.5 percent” for “5 percent”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2009 Amendment
text: Amendment by Pub. L. 111–22 effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as a note under section 11302 of this title.
42 U.S.C. § 11386c (THE PUBLIC HEALTH AND WELFARE)
§ 11386c. Renewal funding and terms of assistance for permanent housing
(a) In general
Renewal of expiring contracts for leasing, rental assistance, or operating costs for permanent housing contracts may be funded either—
(1) under the appropriations account for this subchapter; or
(2) the section 8 [42 U.S.C. 1437f] project-based rental assistance account.
(b) Renewals
The sums made available under subsection (a) shall be available for the renewal of contracts in the case of tenant-based assistance, successive 1-year terms, and in the case of project-based assistance, successive terms of up to 15 years at the discretion of the applicant or project sponsor and subject to the availability of annual appropriations, for rental assistance and housing operation costs associated with permanent housing projects funded under this part, or under part C or F (as in effect on the day before the effective date of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009). The Secretary shall determine whether to renew a contract for such a permanent housing project on the basis of certification by the collaborative applicant for the geographic area that—
(1) there is a demonstrated need for the project; and
(2) the project complies with program requirements and appropriate standards of housing quality and habitability, as determined by the Secretary.
(c) Construction
Nothing in this section shall be construed as prohibiting the Secretary from renewing contracts under this part in accordance with criteria set forth in a provision of this part other than this section.
(Pub. L. 100–77, title IV, § 429, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1695.)
heading: Editorial Notes
heading: References in Text
text: The effective date of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (b), probably means the general effective date under section 1503 of Pub. L. 111–22, which is set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
heading: Prior Provisions
text: A prior section 429 of Pub. L. 100–77 was classified to section 11389 of this title prior to repeal by Pub. L. 111–22, div. B, title III, § 1305(1), May 20, 2009, 123 Stat. 1690.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11386d (THE PUBLIC HEALTH AND WELFARE)
§ 11386d. Matching funding
(a) In general
A collaborative applicant in a geographic area in which funds are awarded under this part shall specify contributions from any source other than a grant awarded under this part, including renewal funding of projects assisted under parts C, D, and F of this subchapter as in effect before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, that shall be made available in the geographic area in an amount equal to not less than 25 percent of the funds provided to recipients in the geographic area, except that grants for leasing shall not be subject to any match requirement.
(b) Limitations on in-kind match
The cash value of services provided to the residents or clients of a project sponsor by an entity other than the project sponsor may count toward the contributions in subsection (a) only when documented by a memorandum of understanding between the project sponsor and the other entity that such services will be provided.
(c) Countable activities
The contributions required under subsection (a) may consist of—
(1) funding for any eligible activity described under section 11383 of this title; and
(2) subject to subsection (b), in-kind provision of services of any eligible activity described under section 11383 of this title.
(Pub. L. 100–77, title IV, § 430, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1695.)
heading: Editorial Notes
heading: References in Text
text: Section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (a), is section 1503 of Pub. L. 111–22, which is set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
42 U.S.C. § 11386e (THE PUBLIC HEALTH AND WELFARE)
§ 11386e. Appeal procedure
(a) In general
With respect to funding under this part, if certification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary.
(b) Procedure
The Secretary shall establish a procedure to process the appeals described in subsection (a).
(c) Determination
Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.
(Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 431 of Pub. L. 100–77 was classified to section 11391 of this title prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.