42 U.S.C. § 11360a — Collaborative applicants

Page 8150 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360a sault, or stalking. Such term includes rape crisis centers, battered women’s shelters, do- mestic violence transitional housing pro- grams, and other programs. (35) Victim services The term ‘‘victim services’’ means services that assist domestic violence, dating violence, sexual assault, or stalking victims, including services offered by rape crisis centers and do- mestic violence shelters, and other organiza- tions, with a documented history of effective work concerning domestic violence, dating vi- olence, sexual assault, or stalking. (Pub. L. 100–77, title IV, § 401, as added Pub. L. 111–22, div. B, title I, § 1101(3), May 20, 2009, 123 Stat. 1669; amended Pub. L. 116–260, div. Q, title I, § 102(a)(1), Dec. 27, 2020, 134 Stat. 2165.) Editorial Notes PRIOR PROVISIONS A prior section 401 of Pub. L. 100–77 was renumbered section 403 and is classified to section 11361 of this title. AMENDMENTS 2020—Par. (8). Pub. L. 116–260, § 102(a)(1)(C), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 116–260, § 102(a)(1)(B), (D), redesig- nated par. (8) as (9) and inserted ‘‘a formula area,’’ after ‘‘nonentitlement area,’’. Par. (10). Pub. L. 116–260, § 102(a)(1)(B), redesignated par. (9) as (10). Former par. (10) redesignated (12). Par. (11). Pub. L. 116–260, § 102(a)(1)(E), added par. (11). Former par. (11) redesignated (13). Pars. (12) to (35). Pub. L. 116–260, § 102(a)(1)(A), redes- ignated pars. (10) to (33) as (12) to (35), respectively. 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. HEARTH ACT TECHNICAL CORRECTIONS Pub. L. 112–141, div. F, title II, § 100261, July 6, 2012, 126 Stat. 978, provided that: ‘‘For purposes of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.)— ‘‘(1) the term ‘local government’ includes an instru- mentality of a unit of general purpose local govern- ment other than a public housing agency that is es- tablished pursuant to legislation and designated by the chief executive to act on behalf of the local gov- ernment with regard to activities funded under such title IV and includes a combination of general pur- pose local governments, such as an association of governments, that is recognized by the Secretary of Housing and Urban Development; ‘‘(2) the term ‘State’ includes any instrumentality of any of the several States designated by the Gov- ernor to act on behalf of the State and does not in- clude the District of Columbia; ‘‘(3) for purposes of environmental review, the Sec- retary of Housing and Urban Development shall con- tinue to permit assistance and projects to be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and subject to the regulations issued by the Secretary of Housing and Urban Development to implement such section; and ‘‘(4) a metropolitan city and an urban county that each receive an allocation under such title IV and are located within a geographic area that is covered by a single continuum of care may jointly request the Secretary of Housing and Urban Development to per- mit the urban county or the metropolitan city, as agreed to by such county and city, to receive and ad- minister their combined allocations under a single grant.’’ DEFINITIONS For provisions relating to definitions of ‘‘State’’ and ‘‘local government’’ as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Corrections note above. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 11360a. Collaborative applicants (a) Establishment and designation A collaborative applicant shall be established for a geographic area by the relevant parties in that geographic area to— (1) submit an application for amounts under this part; and (2) perform the duties specified in subsection (f) and, if applicable, subsection (g). (b) No requirement to be a legal entity An entity may be established to serve as a col- laborative applicant under this section without being a legal entity. (c) Remedial action If the Secretary finds that a collaborative ap- plicant for a geographic area does not meet the requirements of this section, or if there is no collaborative applicant for a geographic area, the Secretary may take remedial action to en- sure fair distribution of grant amounts under part C to eligible entities within that area. Such measures may include designating another body as a collaborative applicant, or permitting other eligible entities to apply directly for grants. (d) Construction Nothing in this section shall be construed to displace conflict of interest or government fair practices laws, or their equivalent, that govern applicants for grant amounts under parts B and C. (e) Appointment of agent (1) In general Subject to paragraph (2), a collaborative ap- plicant may designate an agent to— (A) apply for a grant under section 11382(c) of this title; (B) receive and distribute grant funds awarded under part C; and (C) perform other administrative duties. (2) Retention of duties Any collaborative applicant that designates an agent pursuant to paragraph (1) shall re- gardless of such designation retain all of its duties and responsibilities under this sub- chapter. 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