42 U.S.C. § 11386b — Allocation of amounts and incentives

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 Page 8171 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11386b to not less than 30 percent of the sums made available to carry out part B and this part, shall be used for permanent housing for home- less individuals with disabilities and homeless families that include such an individual who is an adult or a minor head of household if no adult is present in the household. (2) Calculation In calculating the portion of the amount de- scribed in paragraph (1) that is used for activi- ties that are described in paragraph (1), the Secretary shall not count funds made avail- able to renew contracts for existing projects under section 11386c of this title. (3) Adjustment The 30 percent figure in paragraph (1) shall be reduced proportionately based on need under section 11386a(b)(2) of this title in geo- graphic areas for which subsection (e) applies in regard to subsection (d)(2)(A). (4) Suspension The requirement established in paragraph (1) shall be suspended for any year in which fund- ing available for grants under this part after making the allocation established in para- graph (1) would not be sufficient to renew for 1 year all existing grants that would otherwise be fully funded under this part. (5) Termination The requirement established in paragraph (1) shall terminate upon a finding by the Sec- retary that since the beginning of 2001 at least 150,000 new units of permanent housing for homeless individuals and families with disabil- ities have been funded under this part. (b) Set-aside for permanent housing for homeless families with children From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 10 percent of the sums made avail- able to carry out part B and this part for that fiscal year shall be used to provide or secure per- manent housing for homeless families with chil- dren. (c) Treatment of amounts for permanent or tran- sitional housing Nothing in this chapter may be construed to establish a limit on the amount of funding that an applicant may request under this part for ac- quisition, construction, or rehabilitation activi- ties for the development of permanent housing or transitional housing. (d) Incentives for proven strategies (1) In general The Secretary shall provide bonuses or other incentives to geographic areas for using fund- ing under this part for activities that have been proven to be effective at reducing home- lessness generally, reducing homelessness for a specific subpopulation, or achieving home- less prevention and independent living goals as set forth in section 11386a(b)(1)(F) of this title. (2) Rule of construction For purposes of this subsection, activities that have been proven to be effective at reduc- ing homelessness generally or reducing home- lessness for a specific subpopulation includes— (A) permanent supportive housing for chronically homeless individuals and fami- lies; (B) for homeless families, rapid rehousing services, short-term flexible subsidies to overcome barriers to rehousing, support services concentrating on improving in- comes to pay rent, coupled with performance measures emphasizing rapid and permanent rehousing and with leveraging funding from mainstream family service systems such as Temporary Assistance for Needy Families and Child Welfare services; and (C) any other activity determined by the Secretary, based on research and after no- tice and comment to the public, to have been proven effective at reducing homeless- ness generally, reducing homelessness for a specific subpopulation, or achieving home- less prevention and independent living goals as set forth in section 11386a(b)(1)(F) of this title. (3) Balance of incentives for proven strategies To the extent practicable, in providing bo- nuses or incentives for proven strategies, the Secretary shall seek to maintain a balance among strategies targeting homeless individ- uals, families, and other subpopulations. The Secretary shall not implement bonuses or in- centives that specifically discourage collabo- rative applicants from exercising their flexi- bility to serve families with children and youth defined as homeless under other Federal statutes. (e) Incentives for successful implementation of proven strategies If any geographic area demonstrates that it has fully implemented any of the activities de- scribed in subsection (d) for all homeless indi- viduals and families or for all members of sub- populations for whom such activities are tar- geted, that geographic area shall receive the bonus or incentive provided under subsection (d), but may use such bonus or incentive for any eligible activity under either section 11383 of this title or paragraphs (4) and (5) of section 11374(a) of this title for homeless people gen- erally or for the relevant subpopulation. (Pub. L. 100–77, title IV, § 428, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1693.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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 428 of Pub. L. 100–77 was renumbered section 434 and is classified to section 11388 of this title. Another prior section 428 of Pub. L. 100–77, 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, Page 8172 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11386c § 833(a), Nov. 28, 1990, 104 Stat. 4362, which authorized appropriations for the supportive housing demonstra- tion program, was classified to section 11388 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. § 11386c. Renewal funding and terms of assist- ance for permanent housing (a) In general Renewal of expiring contracts for leasing, rental assistance, or operating costs for perma- nent housing contracts may be funded either— (1) under the appropriations account for this subchapter; or (2) the section 8 [42 U.S.C. 1437f] project- based rental assistance account. (b) Renewals The sums made available under subsection (a) shall be available for the renewal of contracts in the case of tenant-based assistance, successive 1- year terms, and in the case of project-based as- sistance, successive terms of up to 15 years at the discretion of the applicant or project spon- sor and subject to the availability of annual ap- propriations, for rental assistance and housing operation costs associated with permanent hous- ing projects funded under this part, or under part C or F (as in effect on the day before the ef- fective date of the Homeless Emergency Assist- ance and Rapid Transition to Housing Act of 2009). The Secretary shall determine whether to renew a contract for such a permanent housing project on the basis of certification by the col- laborative applicant for the geographic area that— (1) there is a demonstrated need for the project; and (2) the project complies with program re- quirements and appropriate standards of hous- ing quality and habitability, as determined by the Secretary. (c) Construction Nothing in this section shall be construed as prohibiting the Secretary from renewing con- tracts under this part in accordance with cri- teria set forth in a provision of this part other than this section. (Pub. L. 100–77, title IV, § 429, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1695.) Editorial Notes REFERENCES IN TEXT The effective date of the Homeless Emergency Assist- ance and Rapid Transition to Housing Act of 2009, re- ferred to in subsec. (b), probably means the general ef- fective date under section 1503 of Pub. L. 111–22, which is set out as an Effective Date of 2009 Amendment note under section 11302 of this title. PRIOR PROVISIONS A prior section 429 of Pub. L. 100–77 was classified to section 11389 of this title prior to repeal by Pub. L. 111–22, div. B, title III, § 1305(1), May 20, 2009, 123 Stat. 1690. 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. § 11386d. Matching funding (a) In general A collaborative applicant in a geographic area in which funds are awarded under this part shall specify contributions from any source other than a grant awarded under this part, including renewal funding of projects assisted under parts C, D, and F of this subchapter as in effect before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, that shall be made available in the geographic area in an amount equal to not less than 25 percent of the funds provided to recipients in the geographic area, except that grants for leasing shall not be subject to any match requirement. (b) Limitations on in-kind match The cash value of services provided to the resi- dents or clients of a project sponsor by an entity other than the project sponsor may count to- ward the contributions in subsection (a) only when documented by a memorandum of under- standing between the project sponsor and the other entity that such services will be provided. (c) Countable activities The contributions required under subsection (a) may consist of— (1) funding for any eligible activity described under section 11383 of this title; and (2) subject to subsection (b), in-kind provi- sion of services of any eligible activity de- scribed under section 11383 of this title. (Pub. L. 100–77, title IV, § 430, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1695.) Editorial Notes REFERENCES IN TEXT Section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (a), is section 1503 of Pub. L. 111–22, which is set out as an Effective Date of 2009 Amendment note under section 11302 of this title. 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.