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

Page 8173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11388 § 11386e. Appeal procedure (a) In general With respect to funding under this part, if cer- tification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such appli- cant may appeal such decision to the Secretary. (b) Procedure The Secretary shall establish a procedure to process the appeals described in subsection (a). (c) Determination Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Sec- retary shall determine if certification was un- reasonably withheld. If such certification was unreasonably withheld, the Secretary shall re- view such application and determine if such ap- plicant shall receive funding under this part. (Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.) Editorial Notes PRIOR PROVISIONS A prior section 431 of Pub. L. 100–77 was classified to section 11391 of this title prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. 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. § 11386f. Geographic areas (a) Requirement to define For purposes of this part, the term ‘‘geo- graphic area’’ shall have such meaning as the Secretary shall by notice provide. (b) Issuance of notice Not later than the expiration of the 90-day pe- riod beginning on July 29, 2016, the Secretary shall issue a notice setting forth the definition required by subsection (a). (Pub. L. 100–77, title IV, § 432, as added Pub. L. 114–201, title IV, § 401(a)(2), July 29, 2016, 130 Stat. 807.) Editorial Notes PRIOR PROVISIONS A prior section 432 of Pub. L. 100–77 was renumbered section 433 and is classified to section 11387 of this title. Another prior section 432 of Pub. L. 100–77, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4022, which defined terms for purposes of this part, was classified to section 11392 of this title, prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Another prior section 432 of Pub. L. 100–77, July 22, 1987, 101 Stat. 505; Pub. L. 100–628, title IV, §§ 461–463(a), Nov. 7, 1988, 102 Stat. 3236, 3237; Pub. L. 101–625, title VIII, § 834(b)–(d), Nov. 28, 1990, 104 Stat. 4365, 4366, which provided for supplemental assistance for facilities to assist the homeless, was classified to section 11392 of this title, prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. § 11387. Regulations Not later than the expiration of the 90-day pe- riod 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 regula- tions, pursuant to the provisions of section 553 of title 5 (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. (Pub. L. 100–77, title IV, § 433, formerly § 427, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4021; renumbered § 432, Pub. L. 111–22, div. B, title III, § 1305(2), May 20, 2009, 123 Stat. 1690; renumbered § 433, Pub. L. 114–201, title IV, § 401(a)(1), July 29, 2016, 130 Stat. 807.) Editorial Notes PRIOR PROVISIONS A prior section 11387, Pub. L. 100–77, title IV, § 427, July 22, 1987, 101 Stat. 504; Pub. L. 100–628, title IV, § 453, Nov. 7, 1988, 102 Stat. 3236, provided for reports to Con- gress summarizing the activities carried out under the supportive housing demonstration program, prior to re- peal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. A prior section 433 of Pub. L. 100–77 was renumbered section 434 and is classified to section 11388 of this title. Another prior section 433 of Pub. L. 100–77 was classi- fied to section 11393 of this title, prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Another prior section 433 of Pub. L. 100–77 related to establishment of regulations for program to provide supplemental assistance for facilities to assist the homeless and was classified to section 11393 of this title, prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. § 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). (Pub. L. 100–77, title IV, § 434, formerly § 428, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4021; renumbered § 433, Pub. L. 111–22, div. B, title III, § 1305(2), May 20, 2009, 123 Stat. 1690; renumbered § 434, Pub. L. 114–201, title IV, § 401(a)(1), July 29, 2016, 130 Stat. 807.) Page 8174 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11389 Editorial Notes PRIOR PROVISIONS A prior section 11388, Pub. L. 100–77, title IV, § 428, July 22, 1987, 101 Stat. 504; Pub. L. 100–628, title IV, §§ 454, 455, Nov. 7, 1988, 102 Stat. 3236; Pub. L. 101–625, title VIII, § 833(a), Nov. 28, 1990, 104 Stat. 4362, author- ized appropriations for the supportive housing dem- onstration program, prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. A prior section 434 of Pub. L. 100–77 was classified to section 11394 of this title, prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Another prior section 434 of Pub. L. 100–77 authorized appropriations for supplemental assistance for facili- ties to assist the homeless and was classified to section 11394 of this title, prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. § 11389. Indian tribes and tribally designated housing entities Notwithstanding any other provision of this subchapter, for purposes of this part, an Indian Tribe or tribally designated housing entity (as defined in section 4103 of title 25) may— (1) be a collaborative applicant or eligible entity; or (2) receive grant amounts from another enti- ty that receives a grant directly from the Sec- retary, and use the amounts in accordance with this part. (Pub. L. 100–77, title IV, § 435, as added Pub. L. 116–260, div. Q, title I, § 102(a)(2), Dec. 27, 2020, 134 Stat. 2166.) Editorial Notes PRIOR PROVISIONS A prior section 11389, Pub. L. 100–77, title IV, § 429, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4021, authorized appropriations for fiscal years 1993 and 1994, prior to repeal by Pub. L. 111–22, div. B, title III, § 1305(1), May 20, 2009, 123 Stat. 1690, 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 sec- tion 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title. Prior sections 11391 to 11407b, consisting of former parts D to F of this subchapter which related to safe havens for homeless individuals demonstration pro- gram, miscellaneous provisions, and shelter plus care program, respectively, were repealed by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701, effec- tive 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 section 11302 of this title. Section 11391, Pub. L. 100–77, title IV, § 431, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4022, established safe havens for homeless individuals demonstration program. Another prior section 11391, Pub. L. 100–77, title IV, § 431, July 22, 1987, 101 Stat. 504; Pub. L. 100–242, title V, § 570(i)(2), Feb. 5, 1988, 101 Stat. 1950, which provided definitions for a program of supplemental assistance for facilities to assist the homeless, was repealed by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. Section 11392, Pub. L. 100–77, title IV, § 432, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4022, provided definitions for part D. Another prior section 11392, Pub. L. 100–77, title IV, § 432, July 22, 1987, 101 Stat. 505; Pub. L. 100–628, title IV, §§ 461–463(a), Nov. 7, 1988, 102 Stat. 3236, 3237; Pub. L. 101–625, title VIII, § 834(b)–(d), Nov. 28, 1990, 104 Stat. 4365, 4366, which provided for supplemental assistance for facilities to assist the homeless, was repealed by Pub. L. 102–550, § 1403(a). Section 11393, Pub. L. 100–77, title IV, § 433, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4024, related to program assistance. Another prior section 11393, Pub. L. 100–77, title IV, § 433, July 22, 1987, 101 Stat. 507, which related to estab- lishment of regulations for program to provide supple- mental assistance for facilities to assist the homeless, was repealed by Pub. L. 102–550, § 1403(a). Section 11394, Pub. L. 100–77, title IV, § 434, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4025, related to program requirements. Another prior section 11394, Pub. L. 100–77, title IV, § 434, July 22, 1987, 101 Stat. 508; Pub. L. 100–628, title IV, § 464, Nov. 7, 1988, 102 Stat. 3237; Pub. L. 101–625, title VIII, § 834(a), Nov. 28, 1990, 104 Stat. 4365, which author- ized appropriations for supplemental assistance for fa- cilities to assist the homeless, was repealed by Pub. L. 102–550, § 1403(a). Section 11395, Pub. L. 100–77, title IV, § 435, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4027, related to occupancy charge. Section 11396, Pub. L. 100–77, title IV, § 436, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4027, related to termination of assistance. Section 11397, Pub. L. 100–77, title IV, § 437, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4027, related to evaluation of the program and report to Congress. Section 11398, Pub. L. 100–77, title IV, § 438, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4027, related to regulations. Section 11399, Pub. L. 100–77, title IV, § 439, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4028, authorized appropriations for fiscal years 1993 and 1994. Section 11401, Pub. L. 100–77, title IV, § 441, July 22, 1987, 101 Stat. 508; Pub. L. 100–628, title IV, § 481(a)–(d)(1), Nov. 7, 1988, 102 Stat. 3237, 3238; Pub. L. 101–625, title VIII, § 835, Nov. 28, 1990, 104 Stat. 4366; Pub. L. 102–550, title XIV, § 1405(a)–(d), Oct. 28, 1992, 106 Stat. 4028, 4029; Pub. L. 104–330, title V, § 506(a)(8), Oct. 26, 1996, 110 Stat. 4044, related to section 1437f assistance for single room occupancy dwellings. Section 11402, Pub. L. 100–77, title IV, § 443, as added Pub. L. 100–628, title IV, § 482(a), Nov. 7, 1988, 102 Stat. 3238; amended Pub. L. 106–377, § 1(a)(1) [title II, § 208], Oct. 27, 2000, 114 Stat. 1441, 1441A–25, related to environ- mental review. Section 11403, Pub. L. 100–77, title IV, § 451, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4367, related to the purpose of the Shelter Plus Care Program. Section 11403a, Pub. L. 100–77, title IV, § 452, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4367; amended Pub. L. 102–550, title XIV, § 1406(g)(2), Oct. 28, 1992, 106 Stat. 4034, related to rental housing assist- ance. Section 11403b, Pub. L. 100–77, title IV, § 453, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4367, related to supportive services requirements. Section 11403c, Pub. L. 100–77, title IV, § 454, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4367; amended Pub. L. 102–550, title XIV, § 1406(g)(3), Oct. 28, 1992, 106 Stat. 4034, related to applications for rental housing assistance. Section 11403d, Pub. L. 100–77, title IV, § 455, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4369; amended Pub. L. 102–550, title XIV, § 1406(b), Oct. 28, 1992, 106 Stat. 4030, related to selection criteria for a national competition for assistance. Section 11403e, Pub. L. 100–77, title IV, § 456, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4369; amended Pub. L. 102–550, title XIV, § 1406(c), Oct. 28, 1992, 106 Stat. 4030, related to agreements required for assistance to be approved.