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42 U.S.C. § 11386b — Allocation of amounts and incentives for specific eligible activities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11386b — Allocation of amounts and incentives for specific eligible activities

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Source file: Laws/federal/codes/united-states-code/title-42/section-11386b-allocation-of-amounts-and-incentives-for-specific-eligible-activities--002781bf2a.md
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Source location: Title 42, Chapter 119, § 11386b; chapter-119-homeless-assistance.md

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**(a) Minimum allocation for permanent housing for homeless individuals and families with disabilities** (1) **In general** — From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 30 percent of the sums made available to carry out part B and this part, shall be used for permanent housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult or a minor head of household if no adult is present in the household. (2) **Calculation** — In calculating the portion of the amount described in paragraph (1) that is used for activities that are described in paragraph (1), the Secretary shall not count funds made available to renew contracts for existing projects under [section 11386c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386c&num=0&edition=prelim). (3) **Adjustment** — The 30 percent figure in paragraph (1) shall be reduced proportionately based on need under [section 11386a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a/b/2&num=0&edition=prelim) in geographic areas for which subsection (e) applies in regard to subsection (d)(2)(A). (4) **Suspension** — The requirement established in paragraph (1) shall be suspended for any year in which funding available for grants under this part after making the allocation established in paragraph (1) would not be sufficient to renew for 1 year all existing grants that would otherwise be fully funded under this part. (5) **Termination** — The requirement established in paragraph (1) shall terminate upon a finding by the Secretary that since the beginning of 2001 at least 150,000 new units of permanent housing for homeless individuals and families with disabilities have been funded under this part. **(b) Set-aside for permanent housing for homeless families with children** From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 10 percent of the sums made available to carry out part B and this part for that fiscal year shall be used to provide or secure permanent housing for homeless families with children. **(c) Treatment of amounts for permanent or transitional housing** Nothing in this chapter may be construed to establish a limit on the amount of funding that an applicant may request under this part for acquisition, construction, or rehabilitation activities for the development of permanent housing or transitional housing. **(d) Incentives for proven strategies** (1) **In general** — The Secretary shall provide bonuses or other incentives to geographic areas for using funding under this part for activities that have been proven to be effective at reducing homelessness generally, reducing homelessness for a specific subpopulation, or achieving homeless prevention and independent living goals as set forth in [section 11386a(b)(1)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a/b/1/F&num=0&edition=prelim). (2) **Rule of construction** — For purposes of this subsection, activities that have been proven to be effective at reducing homelessness generally or reducing homelessness for a specific subpopulation includes— (A) permanent supportive housing for chronically homeless individuals and families; (B) for homeless families, rapid rehousing services, short-term flexible subsidies to overcome barriers to rehousing, support services concentrating on improving incomes to pay rent, coupled with performance measures emphasizing rapid and permanent rehousing and with leveraging funding from mainstream family service systems such as Temporary Assistance for Needy Families and Child Welfare services; and (C) any other activity determined by the Secretary, based on research and after notice and comment to the public, to have been proven effective at reducing homelessness generally, reducing homelessness for a specific subpopulation, or achieving homeless prevention and independent living goals as set forth in [section 11386a(b)(1)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a/b/1/F&num=0&edition=prelim). (3) **Balance of incentives for proven strategies** — To the extent practicable, in providing bonuses or incentives for proven strategies, the Secretary shall seek to maintain a balance among strategies targeting homeless individuals, families, and other subpopulations. The Secretary shall not implement bonuses or incentives that specifically discourage collaborative applicants from exercising their flexibility to serve families with children and youth defined as homeless under other Federal statutes. **(e) Incentives for successful implementation of proven strategies** If any geographic area demonstrates that it has fully implemented any of the activities described in subsection (d) for all homeless individuals and families or for all members of subpopulations for whom such activities are targeted, that geographic area shall receive the bonus or incentive provided under subsection (d), but may use such bonus or incentive for any eligible activity under either [section 11383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383&num=0&edition=prelim) or paragraphs (4) and (5) of [section 11374(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11374/a&num=0&edition=prelim) for homeless people generally or for the relevant subpopulation.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11302 — General definition of homeless individual

**(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

42 U.S.C. § 11388 — Reports to Congress

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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11388

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)] 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11386c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11301 — Findings and purpose

**(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

42 U.S.C. § 11383 — Eligible activities

**(a) In general** Grants awarded under [section 11382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382&num=0&edition=prelim) to qualified applicants shall be used to carry out projects that serve homeless individuals or families that consist of one or more of the following eligible activities: (1) Construction of new housing units to provide transitional or permanent housing. (2) Acquisition or rehabilitation of a structure to provide transitional or permanent housing, other than emergency shelter, or to provide supportive services. (3) Leasing of property, or portions of property, not owned by the recipient or project sponsor involved, for use in providing transitional or permanent housing, or providing supportive services. (4) Provision of rental assistance to provide transitional or permanent housing to eligible persons. The rental assistance may include tenant-based, project-based, or sponsor-based rental assistance. Project-based rental assistance, sponsor-based rental assistance, and operating cost assistance contracts carried out by project sponsors receiving grants under this section may, at the discretion of the applicant and the project sponsor, have an initial term of 15 years, with assistance for the first 5 years paid with funds authorized for appropriation under this chapter, and assistance for the remainder of the term treated as a renewal of an expiring contract as provided in [section 11386c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386c&num=0&edition=prelim). Project-based rental assistance may include rental assistance to preserve existing permanent supportive housing for homeless individuals and families. (5) Payment of operating costs for housing

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11383

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11386b — Allocation of amounts and incentives

Page 8170 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11386b the recipient will be supplemented with re- sources from other public and private sources, including mainstream programs identified by the Government Account- ability Office in the two reports described in section 11313(a)(7) of this title; (E) demonstrated coordination by the re- cipient with the other Federal, State, local, private, and other entities serving individ- uals and families experiencing homelessness and at risk of homelessness in the planning and operation of projects; (F) for collaborative applicants exercising the authority under section 11382(j) of this title to serve homeless families with chil- dren and youth defined as homeless under other Federal statutes, program goals and outcomes, which shall include— (i) preventing homelessness among the subset of such families with children and youth who are at highest risk of becoming homeless, as such term is defined for pur- poses of this subchapter; or (ii) achieving independent living in per- manent housing among such families with children and youth, especially those who have a history of doubled-up and other temporary housing situations or are living in a temporary housing situation due to lack of available and appropriate emer- gency shelter, through the provision of eli- gible assistance that directly contributes to achieving such results including assist- ance to address chronic disabilities, chron- ic physical health or mental health condi- tions, substance addiction, histories of do- mestic violence or childhood abuse, or multiple barriers to employment; and (G) such other factors as the Secretary de- termines to be appropriate to carry out this part in an effective and efficient manner. (2) Additional criteria In a

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11386b

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