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42 U.S.C. § 11386 — Program requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a) 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 assistance under [section 11383(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a/3&num=0&edition=prelim) 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 or project sponsor 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) Required agreements** The Secretary may not provide assistance for a proposed project under this part unless the collaborative applicant involved agrees—
(1) to ensure the operation of the project in accordance with the provisions of this part;
(2) to monitor and report to the Secretary the progress of the project;
(3) to ensure, to the maximum extent practicable, that individuals and families experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating facilities for the project and in providing supportive services for the project;
(4) to require certification from all project sponsors that—
(A) they will maintain the confidentiality of records pertaining to any individual or family provided family violence prevention or
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Source file: Laws/federal/codes/united-states-code/title-42/section-11386-program-requirements--444358e7b3.md
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Source location: Title 42, Chapter 119, § 11386; chapter-119-homeless-assistance.md
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**(a) 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 assistance under [section 11383(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a/3&num=0&edition=prelim) 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 or project sponsor 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) Required agreements** The Secretary may not provide assistance for a proposed project under this part unless the collaborative applicant involved agrees—
(1) to ensure the operation of the project in accordance with the provisions of this part;
(2) to monitor and report to the Secretary the progress of the project;
(3) to ensure, to the maximum extent practicable, that individuals and families experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating facilities for the project and in providing supportive services for the project;
(4) to require certification from all project sponsors that—
(A) they will maintain the confidentiality of records pertaining to any individual or family provided family violence prevention or treatment services through the project;
(B) that 11 So in original. The word “that” probably should not appear. 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 responsible for the operation of such project;
(C) they will establish policies and practices that are consistent with, and do not restrict the exercise of rights provided by, part B of subchapter VI [[42 U.S.C. 11431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11431&num=0&edition=prelim) et seq.], and other laws relating to the provision of educational and related services to individuals and families experiencing homelessness;
(D) in the case of programs that provide housing or services to families, they will designate a staff person to be responsible for ensuring that children being served in the program are enrolled in school and connected to appropriate services in the community, including early childhood programs such as Head Start, part C of the Individuals with Disabilities Education Act [[20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.], and programs authorized under part B of subchapter VI of this chapter ([42 U.S.C. 11431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11431&num=0&edition=prelim) et seq.); and
(E) they will provide data and reports as required by the Secretary pursuant to the Act; 22 See References in Text note below.
(5) if a collaborative applicant is a unified funding agency under [section 11360a(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11360a/g&num=0&edition=prelim) and receives funds under this part to carry out the payment of administrative costs described in [section 11383(a)(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a/11&num=0&edition=prelim), to establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, such funds in order to ensure that all financial transactions carried out with such funds are conducted, and records maintained, in accordance with generally accepted accounting principles;
(6) to monitor and report to the Secretary the provision of matching funds as required by [section 11386d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386d&num=0&edition=prelim);
(7) to take the educational needs of children into account when families are placed in emergency or transitional shelter and will, to the maximum extent practicable, place families with children as close as possible to their school of origin so as not to disrupt such children’s education; and
(8) to comply with such other terms and conditions as the Secretary may establish to carry out this part in an effective and efficient manner.
**(c) 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 or project sponsor providing the project, which may not exceed the amount determined under [section 1437a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/a&num=0&edition=prelim). Occupancy charges paid may be reserved, in whole or in part, to assist residents in moving to permanent housing.
**(d) 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.
**(e) Participation of homeless individuals** The Secretary shall, by regulation, require each recipient or project sponsor 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 or project sponsor, 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.
**(f) 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.
**(g) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of this chapter, the terms “homeless”, “homeless individual”, and “homeless person” means— 11 So in original. Probably should be “mean—”.
(1) an individual or family who lacks a fixed, regular, and adequate nighttime residence;
(2) an individual or family with 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, including a car, park, abandoned building, bus or train station, airport, or camping ground;
(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing);
(4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided;
(5) an individual or family who—
(A) will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, as evidenced by—
(i) a court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days;
(ii) the individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or
(iii) credible evidence indicating that the owner or renter of the housing will not allow the individ
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11302
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Federal law — U.S. Code and appendices · legal_authorities
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 where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in 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 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 academic standards to which all students are held.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11431
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that there is an urgent and substantial need—
(1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life;
(2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;
(3) to maximize the potential for individuals with disabilities to live independently in society;
(4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and
(5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.
**(b) Policy** It is the policy of the United States to provide financial assistance to States—
(1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;
(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);
(3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and
(4) to encourage States to expand opportunities for children under 3 years of age who would be at risk
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383&num=0&edition=prelim); and
(2) subject to subsection (b), in-kind provision of services of any eligible activity described under [section 11383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11386d
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Federal law — U.S. Code and appendices · legal_authorities
**(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 ve
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **At risk of homelessness** — The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family—
(A) has income below 30 percent of median income for the geographic area;
(B) has insufficient resources immediately available to attain housing stability; and
(C)
(i) has moved frequently because of economic reasons;
(ii) is living in the home of another because of economic hardship;
(iii) has been notified that their right to occupy their current housing or living situation will be terminated;
(iv) lives in a hotel or motel;
(v) lives in severely overcrowded housing;
(vi) is exiting an institution; or
(vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness.
Such term includes all families with children and youth defined as homeless under other Federal statutes.
(2) **Chronically homeless**
(A) *In general* — The term “chronically homeless” means, with respect to an individual or family, that the individual or family—
(i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter;
(ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and
(iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11360
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and designation** A collaborative applicant shall be established for a geographic area by the relevant parties in that geographic area to—
(1) submit an application for amounts under this part; and
(2) perform the duties specified in subsection (f) and, if applicable, subsection (g).
**(b) No requirement to be a legal entity** An entity may be established to serve as a collaborative applicant under this section without being a legal entity.
**(c) Remedial action** If the Secretary finds that a collaborative applicant for a geographic area does not meet the requirements of this section, or if there is no collaborative applicant for a geographic area, the Secretary may take remedial action to ensure fair distribution of grant amounts under part C to eligible entities within that area. Such measures may include designating another body as a collaborative applicant, or permitting other eligible entities to apply directly for grants.
**(d) Construction** Nothing in this section shall be construed to displace conflict of interest or government fair practices laws, or their equivalent, that govern applicants for grant amounts under parts B and C.
**(e) Appointment of agent**
(1) **In general** — Subject to paragraph (2), a collaborative applicant may designate an agent to—
(A) apply for a grant under [section 11382(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/c&num=0&edition=prelim);
(B) receive and distribute grant funds awarded under part C; and
(C) perform other administrative duties.
(2) **Retention of duties** — Any collaborative applicant that designates an agent pursuant to paragraph (1) shall regardless of such designation retain all of its duties and responsibilities under this
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11360a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Projects** The Secretary shall award grants, on a competitive basis, and using the selection criteria described in [section 11386a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a&num=0&edition=prelim), to carry out eligible activities under this part for projects that meet the program requirements under [section 11386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386&num=0&edition=prelim), either by directly awarding funds to project sponsors or by awarding funds to unified funding agencies.
**(b) Notification of funding availability** The Secretary shall release a notification of funding availability for grants awarded under this part for a fiscal year not later than 3 months after the date of the enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for such fiscal year.
**(c) Applications**
(1) **Submission to the Secretary** — To be eligible to receive a grant under subsection (a), a project sponsor or unified funding agency in a geographic area shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and containing such information as the Secretary determines necessary—
(A) to determine compliance with the program requirements and selection criteria under this part; and
(B) to establish priorities for funding projects in the geographic area.
(2) **Announcement of awards**
(A) *In general* — Except as provided in subparagraph (B), the Secretary shall announce, within 5 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11382
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