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42 U.S.C. § 11386a — Selection criteria

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

42 U.S.C. § 11386a — Selection criteria

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Source location: Title 42, Chapter 119, § 11386a; chapter-119-homeless-assistance.md

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**(a) In general** The Secretary shall award funds to recipients through a national competition between geographic areas based on criteria established by the Secretary. **(b) Required criteria** (1) **In general** — The criteria established under subsection (a) shall include— (A) the previous performance of the recipient regarding homelessness, including performance related to funds provided under [section 11372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11372&num=0&edition=prelim) (except that recipients applying from geographic areas where no funds have been awarded under this part, or under parts C, D, E, or F of subchapter IV of this chapter, as in effect prior to May 20, 2009, shall receive full credit for performance under this subparagraph), measured by criteria that shall be announced by the Secretary, that shall take into account barriers faced by individual homeless people, and that shall include— (i) the length of time individuals and families remain homeless; (ii) the extent to which individuals and families who leave homelessness experience additional spells of homelessness; (iii) the thoroughness of grantees in the geographic area in reaching homeless individuals and families; (iv) overall reduction in the number of homeless individuals and families; (v) jobs and income growth for homeless individuals and families; (vi) success at reducing the number of individuals and families who become homeless; (vii) other accomplishments by the recipient related to reducing homelessness; and (viii) for collaborative applicants that have exercised the authority under [section 11382(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/j&num=0&edition=prelim) to serve families with children and youth defined as homeless under other Federal statutes, success in achieving the goals and outcomes identified in subsection (b)(1)(F); (B) the plan of the recipient, which shall describe— (i) how the number of individuals and families who become homeless will be reduced in the community; (ii) how the length of time that individuals and families remain homeless will be reduced; (iii) how the recipient will collaborate with local education authorities to assist in the identification of individuals and families who become or remain homeless and are informed of their eligibility for services 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.); (iv) the extent to which the recipient will— (I) address the needs of all relevant subpopulations; (II) incorporate comprehensive strategies for reducing homelessness, including the interventions referred to in [section 11386b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386b/d&num=0&edition=prelim); (III) set quantifiable performance measures; (IV) set timelines for completion of specific tasks; (V) identify specific funding sources for planned activities; and (VI) identify an individual or body responsible for overseeing implementation of specific strategies; and (v) whether the recipient proposes to exercise authority to use funds under [section 11382(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/j&num=0&edition=prelim), and if so, how the recipient will achieve the goals and outcomes identified in subsection (b)(1)(F); (C) the methodology of the recipient used to determine the priority for funding local projects under [section 11382(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/c/1&num=0&edition=prelim), including the extent to which the priority-setting process— (i) uses periodically collected information and analysis to determine the extent to which each project has resulted in rapid return to permanent housing for those served by the project, taking into account the severity of barriers faced by the people the project serves; (ii) considers the full range of opinions from individuals or entities with knowledge of homelessness in the geographic area or an interest in preventing or ending homelessness in the geographic area; (iii) is based on objective criteria that have been publicly announced by the recipient; and (iv) is open to proposals from entities that have not previously received funds under this part; (D) the extent to which the amount of assistance to be provided under this part to the recipient will be supplemented with resources from other public and private sources, including mainstream programs identified by the Government Accountability Office in the two reports described in [section 11313(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11313/a/7&num=0&edition=prelim); (E) demonstrated coordination by the recipient with the other Federal, State, local, private, and other entities serving individuals 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/j&num=0&edition=prelim) to serve homeless families with children 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 purposes of this subchapter; or (ii) achieving independent living in permanent 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 emergency shelter, through the provision of eligible assistance that directly contributes to achieving such results including assistance to address chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, or multiple barriers to employment; and (G) such other factors as the Secretary determines to be appropriate to carry out this part in an effective and efficient manner. (2) **Additional criteria** — In addition to the criteria required under paragraph (1), the criteria established under paragraph (1) shall also include the need within the geographic area for homeless services, determined as follows and under the following conditions: (A) *Notice* — The Secretary shall inform each collaborative applicant, at a time concurrent with the release of the notice of funding availability for the grants, of the pro rata estimated grant amount under this part for the geographic area represented by the collaborative applicant. (B) *Amount* (i) *Formula* — Such estimated grant amounts shall be determined by a formula, which shall be developed by the Secretary, by regulation, not later than the expiration of the 2-year period beginning upon May 20, 2009, that is based upon factors that are appropriate to allocate funds to meet the goals and objectives of this part. (ii) *Combinations or consortia* — For a collaborative applicant that represents a combination or consortium of cities or counties, the estimated need amount shall be the sum of the estimated need amounts for the cities or counties represented by the collaborative applicant. (iii) *Authority of Secretary* — Subject to the availability of appropriations, the Secretary shall increase the estimated need amount for a geographic area if necessary to provide 1 year of renewal funding for all expiring contracts entered into under this part for the geographic area. (3) **Homelessness counts** — The Secretary shall not require that communities conduct an actual count of homeless people other than those described in paragraphs (1) through (4) of [section 11302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a&num=0&edition=prelim). **(c) Adjustments** The Secretary may adjust the formula described in subsection (b)(2) as necessary— (1) to ensure that each collaborative applicant has sufficient funding to renew all qualified projects for at least one year; and (2) to ensure that collaborative applicants are not discouraged from replacing renewal projects with new projects that the collaborative applicant determines will better be able to meet the purposes of this chapter.

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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. § 11431 — Statement of policy

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

42 U.S.C. § 11387 — Regulations

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11387

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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

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

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11374&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11372

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

42 U.S.C. § 11360a — Collaborative applicants

**(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

42 U.S.C. § 11382 — Continuum of care applications and grants

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

42 U.S.C. § 11386a — Selection criteria

Page 8169 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11386a paragraphs (1) and (2) of section 11383(a) of this title with an equal amount of funds from sources other than this part.’’ Subsec. (f). Pub. L. 111–22, § 1304(5), redesignated sub- sec. (h) as (f). Former subsec. (f) redesignated (d). Subsec. (g). Pub. L. 111–22, § 1304(8), redesignated sub- sec. (j) as (g). Former subsec. (g) redesignated (e). Subsec. (h). Pub. L. 111–22, § 1304(5), redesignated sub- sec. (h) as (f). Subsec. (i). Pub. L. 111–22, § 1304(7), struck out subsec. (i). Text read as follows: ‘‘No recipient may use more than 5 percent of a grant received under this part for administrative purposes.’’ Subsec. (j). Pub. L. 111–22, § 1304(8), redesignated sub- sec. (j) as (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–22 effective on the earlier of 18 months after May 20, 2009, or 3 months after publi- cation 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. DEFINITION For provisions relating to definition of ‘‘local govern- ment’’ as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Correc- tions note under section 11360 of this title. § 11386a. Selection criteria (a) In general The Secretary shall award funds to recipients through a national competition between geo- graphic areas based on criteria established by the Secretary. (b) Required criteria (1) In general The criteria established under subsection (a) shall include— (A) the previous performance of the recipi- ent regarding homelessness, including per- formance related to funds provided under section 11372

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

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

42 U.S.C. § 11431 — Statement of policy

Page 8185 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11431 mit to Congress, not later than the expiration of the 1- year period beginning on Oct. 28, 1992, a report regard- ing the consultations and determinations made by the Secretary under this section, including recommenda- tions. UNUTILIZED AND UNDERUTILIZED PROPERTY FOR PURPOSES OF 1990 AMENDMENT Pub. L. 101–645, title IV, § 401(c), Nov. 29, 1990, 104 Stat. 4723, as amended by Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: ‘‘For purposes of sec- tion 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.’’ § 11412. Making surplus personal property avail- able to nonprofit agencies (a) Omitted (b) Requirement for notification Within 90 days after July 22, 1987, the Adminis- trator 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 indi- viduals. (c) Costs Surplus personal property identified pursuant to this section shall be made available to pro- viders 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 reim- burse the State agency for the costs of care and handling of such property. (Pub. L. 100–77, title V, § 502, July 22, 1987, 101 Stat. 510.) Editorial Notes CODIFICATION Section is comprised of

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11431

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