42 U.S.C. § 11361 — Housing affordability strategy

Page 8151 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11361 (f) Duties A collaborative applicant shall— (1) design a collaborative process for the de- velopment 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 sec- tion 11386 of this title; and (ii) the selection criteria described under section 11386a of this title; 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 collabo- rative applicant; and (3) ensure operation of, and consistent par- ticipation by, project sponsors in a commu- nity-wide homeless management information system (in this subsection referred to as ‘‘HMIS’’) that— (A) collects unduplicated counts of individ- uals and families experiencing homelessness; (B) analyzes patterns of use of assistance provided under parts B and C for the geo- graphic area involved; (C) provides information to project spon- sors and applicants for needs analyses and funding priorities; and (D) is developed in accordance with stand- ards established by the Secretary, including standards that provide for— (i) encryption of data collected for pur- poses of HMIS; (ii) documentation, including keeping an accurate accounting, proper usage, and disclosure, of HMIS data; (iii) access to HMIS data by staff, con- tractors, law enforcement, and academic researchers; (iv) rights of persons receiving services under this subchapter; (v) criminal and civil penalties for un- lawful disclosure of data; and (vi) such other standards as may be de- termined necessary by the Secretary. (g) Unified funding (1) In general In addition to the duties described in sub- section (f), a collaborative applicant shall re- ceive from the Secretary and distribute to other project sponsors in the applicable geo- graphic 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 ap- plication submitted under this part; and (ii) is selected to perform such respon- sibilities by the Secretary; or (B) the Secretary designates the collabo- rative applicant as the unified funding agen- cy in the geographic area, after— (i) a finding by the Secretary that the applicant— (I) has the capacity to perform such re- sponsibilities; and (II) would serve the purposes of this chapter as they apply to the geographic area; and (ii) the Secretary provides the collabo- rative applicant with the technical assist- ance necessary to perform such respon- sibilities as such assistance is agreed to by the collaborative applicant. (2) Required actions by a unified funding agen- cy A collaborative applicant that is either se- lected or designated as a unified funding agen- cy 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 ac- counting procedures as may be necessary to assure the proper disbursal of, and account- ing 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 main- tained, in accordance with generally accept- ed 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. (Pub. L. 100–77, title IV, § 402, as added Pub. L. 111–22, div. B, title I, § 1102, May 20, 2009, 123 Stat. 1674.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (g)(1)(B)(i)(II), 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 402 of Pub. L. 100–77 was renumbered section 406 and is classified to section 11362 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. § 11361. Housing affordability strategy Assistance may be made under this subchapter only if the grantee certifies that it is fol- lowing— (1) a consolidated plan which has been ap- proved by the Secretary in accordance with Page 8152 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11361a section 12705 of this title (referred to in such section as a ‘‘comprehensive housing afford- ability strategy’’), or (2) a comprehensive homeless assistance plan which was approved by the Secretary dur- ing the 180-day period beginning on November 28, 1990, or during such longer period as may be prescribed by the Secretary in any case for good cause. (Pub. L. 100–77, title IV, § 403, formerly § 401, July 22, 1987, 101 Stat. 494; Pub. L. 100–628, title IV, §§ 401–404, Nov. 7, 1988, 102 Stat. 3230, 3231; Pub. L. 101–625, title VIII, §§ 831, 832(e)(3), 836(a), Nov. 28, 1990, 104 Stat. 4357, 4360, 4366; renumbered § 403 and amended Pub. L. 111–22, div. B, title I, § 1101(2), title V, § 1502(a), May 20, 2009, 123 Stat. 1669, 1701.) Editorial Notes AMENDMENTS 2009—Par. (1). Pub. L. 111–22, § 1502(a), substituted ‘‘consolidated plan’’ for ‘‘current housing affordability strategy’’ and inserted before the comma ‘‘(referred to in such section as a ‘comprehensive housing afford- ability strategy’)’’. 1990—Pub. L. 101–625, § 836(a), amended section gen- erally, substituting present provisions for provisions requiring the annual submission of a comprehensive homeless assistance plan with requirements for con- tents of the plan, review of the plan, performance re- views under the plan, publication by notice, applica- tions for assistance, coordination with State agencies, and consultation with other private and public groups and entities regarding the plan. Subsec. (a). Pub. L. 101–625, § 831(b)(1), inserted at end ‘‘Assistance authorized by this subchapter may be pro- vided to any Indian tribe that is eligible to receive a grant under the emergency shelter grants program in any fiscal year, but only if the tribe submits biennially to the Secretary of Housing and Urban Development a comprehensive homeless assistance plan under this sec- tion.’’ Subsec. (a)(1). Pub. L. 101–625, § 831(c)(2)(A), sub- stituted ‘‘biennially’’ for ‘‘annually’’. Subsec. (b)(2). Pub. L. 101–625, § 831(c)(2)(B), sub- stituted ‘‘, services, and programs’’ for ‘‘and services’’. Subsec. (b)(3). Pub. L. 101–625, § 831(c)(2)(C), sub- stituted ‘‘, services, and programs’’ for ‘‘and services’’ in cl. (A), struck out ‘‘and’’ before ‘‘(B)’’, and added cls. (C) to (F). Subsec. (b)(5). Pub. L. 101–625, § 831(b)(2), inserted ‘‘In- dian tribe,’’ after ‘‘State,’’. Subsec. (b)(7), (8). Pub. L. 101–625, § 831(a), added pars. (7) and (8). Subsec. (b)(9). Pub. L. 101–625, § 832(e)(3), added par. (9). Subsecs. (c)(1), (d). Pub. L. 101–625, § 831(b)(3), (4), in- serted ‘‘Indian tribe,’’ after ‘‘State,’’ wherever appear- ing. Subsec. (g). Pub. L. 101–625, § 831(b)(5), inserted ‘‘(or tribal agency or contact)’’ after ‘‘State contact per- son’’, ‘‘(or tribe)’’ before comma, and ‘‘(or tribal agency or contact person)’’ after ‘‘or contact person’’. Subsec. (h). Pub. L. 101–625, § 831(c)(1), added subsec. (h). 1988—Subsec. (a)(1). Pub. L. 100–628, § 401(a), inserted ‘‘annually’’ after ‘‘submits’’. Subsec. (a)(2), (3). Pub. L. 100–628, § 401(b), added par. (2) and redesignated former par. (2) as (3). Subsec. (b)(3). Pub. L. 100–628, § 402(1), inserted ‘‘facili- ties and’’ before ‘‘services’’ and struck out ‘‘and’’ at end. Subsec. (b)(4). Pub. L. 100–628, § 402(2), inserted ‘‘facili- ties and’’ before ‘‘services’’ and substituted a semicolon for period at end. Subsec. (b)(5), (6). Pub. L. 100–628, § 402(3), added pars. (5) and (6). Subsec. (d)(3). Pub. L. 100–628, § 403, inserted before pe- riod at end ‘‘or to respond to recommendations made in accordance with paragraph (2) that are received at least 60 days prior to the beginning of the fiscal year’’. Subsec. (g). Pub. L. 100–628, § 404, added subsec. (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. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–625, title VIII, § 836(b), Nov. 28, 1990, 104 Stat. 4366, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1991.’’ EVALUATION OF PROGRAMS Pub. L. 102–550, title XIV, § 1409, Oct. 28, 1992, 106 Stat. 4038, as amended by Pub. L. 105–362, title VII, § 701(c), Nov. 10, 1998, 112 Stat. 3287; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that the Secretary of Hous- ing and Urban Development would conduct a com- prehensive review and evaluation of the effectiveness of each program under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) exam- ining procedures of the Department in carrying out such programs, the procedures of recipients of assist- ance under such programs in carrying out such pro- grams, and the effects and benefits of such programs. HOMELESS HOUSING ACT OF 1986 Pub. L. 99–500, § 101(g) [H.R. 5313, title V], Oct. 18, 1986, 100 Stat. 1783–242, and Pub. L. 99–591, § 101(g) [H.R. 5313, title V], Oct. 30, 1986, 100 Stat. 3341–242; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433, provided that title V of H.R. 5315 be cited as the ‘‘Homeless Housing Act of 1986’’, es- tablished a transitional housing demonstration pro- gram and directed Secretary of Housing and Urban De- velopment to submit to Congress, not later than 3 months after the end of fiscal year 1987, an interim re- port summarizing activities under this program during such fiscal year and, not later than 6 months after the end of fiscal year 1988, a final report summarizing such activities, established an emergency shelter grants pro- gram to make grants to States, units of local govern- ment, and private nonprofit organizations providing as- sistance to the homeless, and appropriated $15,000,000 for fiscal year 1987, to remain available until expended, to carry out both programs. § 11361a. Preventing involuntary family separa- tion (a) In general After the expiration of the 2-year period that begins upon May 20, 2009, and except as provided in subsection (b), any project sponsor receiving funds under this subchapter to provide emer- gency shelter, transitional housing, or perma- nent housing to families with children under age 18 shall not deny admission to any family based on the age of any child under age 18. (b) Exception Notwithstanding the requirement under sub- section (a), project sponsors of transitional housing receiving funds under this subchapter may target transitional housing resources to families with children of a specific age only if the project sponsor—