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 of this title (except that recipi- ents 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 cri- teria that shall be announced by the Sec- retary, 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 experi- ence additional spells of homelessness; (iii) the thoroughness of grantees in the geographic area in reaching homeless indi- viduals 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 re- cipient related to reducing homelessness; and (viii) for collaborative applicants that have exercised the authority under section 11382(j) of this title to serve families with children and youth defined as homeless under other Federal statutes, success in achieving the goals and outcomes identi- fied 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 re- duced in the community; (ii) how the length of time that individ- uals 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 et seq.); (iv) the extent to which the recipient will— (I) address the needs of all relevant subpopulations; (II) incorporate comprehensive strate- gies for reducing homelessness, including the interventions referred to in section 11386b(d) of this title; (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 re- sponsible for overseeing implementation of specific strategies; and (v) whether the recipient proposes to ex- ercise authority to use funds under section 11382(j) of this title, and if so, how the re- cipient will achieve the goals and out- comes 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, including the extent to which the pri- ority-setting process— (i) uses periodically collected informa- tion 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 knowl- edge 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 re- cipient; 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 as- sistance to be provided under this part to 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 addition to the criteria required under paragraph (1), the criteria established under paragraph (1) shall also include the need with- in the geographic area for homeless services, determined as follows and under the following conditions: (A) Notice The Secretary shall inform each collabo- rative applicant, at a time concurrent with the release of the notice of funding avail- ability for the grants, of the pro rata esti- mated grant amount under this part for the geographic area represented by the collabo- rative 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 objec- tives of this part. (ii) Combinations or consortia For a collaborative applicant that rep- resents 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 appropria- tions, the Secretary shall increase the es- timated 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 com- munities conduct an actual count of homeless people other than those described in para- graphs (1) through (4) of section 11302(a) of this title. (c) Adjustments The Secretary may adjust the formula de- scribed in subsection (b)(2) as necessary— (1) to ensure that each collaborative appli- cant has sufficient funding to renew all quali- fied 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 collabo- rative applicant determines will better be able to meet the purposes of this chapter. (Pub. L. 100–77, title IV, § 427, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1690.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(2), was in the original ‘‘this Act’’, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. PRIOR PROVISIONS A prior section 427 of Pub. L. 100–77 was renumbered section 433 and is classified to section 11387 of this title. Another prior section 427 of Pub. L. 100–77, July 22, 1987, 101 Stat. 504; Pub. L. 100–628, title IV, § 453, Nov. 7, 1988, 102 Stat. 3236, which provided for reports to Con- gress summarizing the activities carried out under the supportive housing demonstration program, was classi- fied to section 11387 of this title prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. 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 section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title. § 11386b. Allocation of amounts and incentives for specific eligible activities (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