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

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

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

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Source file: Laws/federal/codes/united-states-code/title-42/section-11360a-collaborative-applicants--211b40e0ed.md
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Source location: Title 42, Chapter 119, § 11360a; chapter-119-homeless-assistance.md

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**(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 subchapter. **(f) Duties** A collaborative applicant shall— (1) design a collaborative process for the development of an application under part C, and for evaluating the outcomes of projects for which funds are awarded under part B, in such a manner as to provide information necessary for the Secretary— (A) to determine compliance with— (i) 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); and (ii) the selection criteria described under [section 11386a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a&num=0&edition=prelim); and (B) to establish priorities for funding projects in the geographic area involved; (2) participate in the Consolidated Plan for the geographic area served by the collaborative applicant; and (3) ensure operation of, and consistent participation by, project sponsors in a community-wide homeless management information system (in this subsection referred to as “HMIS”) that— (A) collects unduplicated counts of individuals and families experiencing homelessness; (B) analyzes patterns of use of assistance provided under parts B and C for the geographic area involved; (C) provides information to project sponsors and applicants for needs analyses and funding priorities; and (D) is developed in accordance with standards established by the Secretary, including standards that provide for— (i) encryption of data collected for purposes of HMIS; (ii) documentation, including keeping an accurate accounting, proper usage, and disclosure, of HMIS data; (iii) access to HMIS data by staff, contractors, law enforcement, and academic researchers; (iv) rights of persons receiving services under this subchapter; (v) criminal and civil penalties for unlawful disclosure of data; and (vi) such other standards as may be determined necessary by the Secretary. **(g) Unified funding** (1) **In general** — In addition to the duties described in subsection (f), a collaborative applicant shall receive from the Secretary and distribute to other project sponsors in the applicable geographic area funds for projects to be carried out by such other project sponsors, if— (A) the collaborative applicant— (i) applies to undertake such collection and distribution responsibilities in an application submitted under this part; and (ii) is selected to perform such responsibilities by the Secretary; or (B) the Secretary designates the collaborative applicant as the unified funding agency in the geographic area, after— (i) a finding by the Secretary that the applicant— (I) has the capacity to perform such responsibilities; and (II) would serve the purposes of this chapter as they apply to the geographic area; and (ii) the Secretary provides the collaborative applicant with the technical assistance necessary to perform such responsibilities as such assistance is agreed to by the collaborative applicant. (2) **Required actions by a unified funding agency** — A collaborative applicant that is either selected or designated as a unified funding agency for a geographic area under paragraph (1) shall— (A) require each project sponsor who is funded by a grant received under part C to establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds awarded to the project sponsor under part C in order to ensure that all financial transactions carried out under part C are conducted, and records maintained, in accordance with generally accepted accounting principles; and (B) arrange for an annual survey, audit, or evaluation of the financial records of each project carried out by a project sponsor funded by a grant received under part C. **(h) Conflict of interest** No board member of a collaborative applicant may participate in decisions of the collaborative applicant concerning the award of a grant, or provision of other financial benefits, to such member or the organization that such member represents.

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

42 U.S.C. § 11386 — Program requirements

**(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

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

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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. § 11386a — Selection criteria

**(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-section113

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

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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. § 11362 — Discharge coordination policy

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.

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

42 U.S.C. § 11360 — Definitions

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

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

Page 8150 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360a sault, or stalking. Such term includes rape crisis centers, battered women’s shelters, do- mestic violence transitional housing pro- grams, and other programs. (35) Victim services The term ‘‘victim services’’ means services that assist domestic violence, dating violence, sexual assault, or stalking victims, including services offered by rape crisis centers and do- mestic violence shelters, and other organiza- tions, with a documented history of effective work concerning domestic violence, dating vi- olence, sexual assault, or stalking. (Pub. L. 100–77, title IV, § 401, as added Pub. L. 111–22, div. B, title I, § 1101(3), May 20, 2009, 123 Stat. 1669; amended Pub. L. 116–260, div. Q, title I, § 102(a)(1), Dec. 27, 2020, 134 Stat. 2165.) Editorial Notes PRIOR PROVISIONS A prior section 401 of Pub. L. 100–77 was renumbered section 403 and is classified to section 11361 of this title. AMENDMENTS 2020—Par. (8). Pub. L. 116–260, § 102(a)(1)(C), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 116–260, § 102(a)(1)(B), (D), redesig- nated par. (8) as (9) and inserted ‘‘a formula area,’’ after ‘‘nonentitlement area,’’. Par. (10). Pub. L. 116–260, § 102(a)(1)(B), redesignated par. (9) as (10). Former par. (10) redesignated (12). Par. (11). Pub. L. 116–260, § 102(a)(1)(E), added par. (11). Former par. (11) redesignated (13). Pars. (12) to (35). Pub. L. 116–260, § 102(a)(1)(A), redes- ignated pars. (10) to (33) as (12) to (35), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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 sectio

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11360a

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