42 U.S.C. § 11384 — Incentives for high-performing commu-

Page 8165 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11384 (f) Eligibility for permanent housing Any project that receives assistance under subsection (a) and that provides project-based or sponsor-based permanent housing for homeless individuals or families with a disability, includ- ing projects that meet the requirements of sub- section (a) and subsection (d)(2)(A) of section 11386b of this title may also serve individuals who had previously met the requirements for such project prior to moving into a different permanent housing project. (g) Administration of rental assistance Provision of permanent housing rental assist- ance shall be administered by a State, unit of general local government, private nonprofit or- ganization, or public housing agency. (Pub. L. 100–77, title IV, § 423, as added Pub. L. 111–22, div. B, title III, § 1302, May 20, 2009, 123 Stat. 1684; amended Pub. L. 114–94, div. G, title LXXIX, § 79001, Dec. 4, 2015, 129 Stat. 1792; Pub. L. 117–103, div. W, title VI, § 605(a)(2), Mar. 15, 2022, 136 Stat. 886; Pub. L. 117–263, div. E, title LVII, § 5707, Dec. 23, 2022, 136 Stat. 3419.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(4), 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, which is classified prin- cipally to this chapter. 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 11383, Pub. L. 100–77, title IV, § 423, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4015; amended Pub. L. 106–377, § 1(a)(1) [title II, § 226], Oct. 27, 2000, 114 Stat. 1441, 1441A–30; Pub. L. 109–162, title VI, § 605(1), Jan. 5, 2006, 119 Stat. 3041; Pub. L. 109–271, § 5(b), Aug. 12, 2006, 120 Stat. 759, which re- lated to eligible activities, was repealed by Pub. L. 111–22, div. B, title III, § 1302, May 20, 2009, 123 Stat. 1684. Another prior section 11383, Pub. L. 100–77, title IV, § 423, July 22, 1987, 101 Stat. 501; Pub. L. 100–628, title IV, §§ 441(b), (c), 445(a), 446–448(a), 449, Nov. 7, 1988, 102 Stat. 3233, 3234; Pub. L. 101–625, title VIII, § 833(c)–(e), (g), Nov. 28, 1990, 104 Stat. 4362, 4363, which outlined types of assistance provided under the supportive housing demonstration program, was repealed by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. AMENDMENTS 2022—Subsec. (a)(13). Pub. L. 117–263 added par. (13) re- lating to the eligibility of certain projects in rural areas. Pub. L. 117–103 added par. (13) relating to facilitating and coordinating activities to ensure compliance with section 12491(e) of title 34. 2015—Subsec. (g). Pub. L. 114–94 inserted ‘‘private nonprofit organization,’’ after ‘‘unit of general local government,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. 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. 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. § 11384. Incentives for high-performing commu- nities (a) Designation as a high-performing community (1) In general The Secretary shall designate, on an annual basis, which collaborative applicants represent high-performing communities. (2) Consideration In determining whether to designate a col- laborative applicant as a high-performing community under paragraph (1), the Secretary shall establish criteria to ensure that the re- quirements described under paragraphs (1)(B) and (2)(B) of subsection (d) are measured by comparing homeless individuals and families under similar circumstances, in order to en- courage projects in the geographic area to serve homeless individuals and families with more severe barriers to housing stability. (3) 2-year phase in In each of the first 2 years after the effective date under section 1503 of the Homeless Emer- gency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall des- ignate not more than 10 collaborative appli- cants as high-performing communities. (4) Excess of qualified applicants If, during the 2-year period described under paragraph (2), more than 10 collaborative ap- plicants could qualify to be designated as high-performing communities, the Secretary shall designate the 10 that have, in the discre- tion of the Secretary, the best performance based on the criteria described under sub- section (d). (5) Time limit on designation The designation of any collaborative appli- cant as a high-performing community under this subsection shall be effective only for the year in which such designation is made. The Secretary, on an annual basis, may renew any such designation. (b) Application (1) In general A collaborative applicant seeking designa- tion as a high-performing community under subsection (a) shall submit an application to the Secretary at such time, and in such man- ner as the Secretary may require. (2) Content of application In any application submitted under para- graph (1), a collaborative applicant shall in- clude in such application— (A) a report showing how any money re- ceived under this part in the preceding year was expended; and Page 8166 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11385 1 So in original. Probably should be ‘‘section’’. (B) information that such applicant can meet the requirements described under sub- section (d). (3) Publication of application The Secretary shall— (A) publish any report or information sub- mitted in an application under this section in the geographic area represented by the collaborative applicant; and (B) seek comments from the public as to whether the collaborative applicant seeking designation as a high-performing commu- nity meets the requirements described under subsection (d). (c) Use of funds Funds awarded under section 11382(a) of this title to a project sponsor who is located in a high-performing community may be used— (1) for any of the eligible activities described in section 11383 of this title; or (2) for any of the eligible activities described in paragraphs (4) and (5) of section 11374(a) of this title. (d) Definition of high-performing community For purposes of this section, the term ‘‘high- performing community’’ means a geographic area that demonstrates through reliable data that all five of the following requirements are met for that geographic area: (1) Term of homelessness The mean length of episodes of homelessness for that geographic area— (A) is less than 20 days; or (B) for individuals and families in similar circumstances in the preceding year was at least 10 percent less than in the year before. (2) Families leaving homelessness Of individuals and families— (A) who leave homelessness, fewer than 5 percent of such individuals and families be- come homeless again at any time within the next 2 years; or (B) in similar circumstances who leave homelessness, the percentage of such indi- viduals and families who become homeless again within the next 2 years has decreased by at least 20 percent from the preceding year. (3) Community action The communities that compose the geo- graphic area have— (A) actively encouraged homeless individ- uals and families to participate in homeless assistance services available in that geo- graphic area; and (B) included each homeless individual or family who sought homeless assistance serv- ices in the data system used by that commu- nity for determining compliance with this subsection. (4) Effectiveness of previous activities If recipients in the geographic area have used funding awarded under section 11382(a) of this title for eligible activities described under section 11374(a) of this title in previous years based on the authority granted under sub- section (c), that such activities were effective at reducing the number of individuals and families who became homeless in that commu- nity. (5) Flexibility to serve persons defined as homeless under other Federal laws With respect to collaborative applicants ex- ercising 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, effectiveness in achiev- ing the goals and outcomes identified in sub- section 1 11386a(b)(1)(F) of this title according to such standards as the Secretary shall pro- mulgate. (e) Cooperation among entities A collaborative applicant designated as a high-performing community under this section shall cooperate with the Secretary in distrib- uting information about successful efforts with- in the geographic area represented by the col- laborative applicant to reduce homelessness. (Pub. L. 100–77, title IV, § 424, as added Pub. L. 111–22, div. B, title III, § 1303, May 20, 2009, 123 Stat. 1687.) Editorial Notes REFERENCES IN TEXT The effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (a)(3), is the effective date under section 1503 of title V of div. B of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title. PRIOR PROVISIONS A prior section 11384, Pub. L. 100–77, title IV, § 424, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4016, which related to supportive housing, was repealed by Pub. L. 111–22, div. B, title III, § 1303, May 20, 2009, 123 Stat. 1687. Another prior section 11384, Pub. L. 100–77, title IV, § 424, July 22, 1987, 101 Stat. 501; Pub. L. 100–628, title IV, §§ 442(b)(2), 448(b), 450(a)(1), (b), 451, Nov. 7, 1988, 102 Stat. 3233–3235; Pub. L. 101–625, title VIII, § 833(f), (h)–(j), (k)(2), Nov. 28, 1990, 104 Stat. 4363–4365, which provided for applications, selection criteria, and other program requirements for assistance under the supportive hous- ing demonstration program, was repealed 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. § 11385. Supportive services (a) In general To the extent practicable, each project shall provide supportive services for residents of the project and homeless persons using the project, which may be designed by the recipient or par- ticipants.