42 U.S.C. § 11371 — Definitions

Page 8154 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11364 § 11364. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $2,200,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011. (Pub. L. 100–77, title IV, § 408, as added Pub. L. 111–22, div. B, title I, § 1105, May 20, 2009, 123 Stat. 1678.) Editorial Notes CODIFICATION Section 1105 of Pub. L. 111–22, which directed amend- ment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section at the end, was executed by adding this section at the end of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress. 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. § 11364a. Availability of amounts recaptured from appropriated funds (a) Amounts recaptured from funds appro- priated for this or any succeeding fiscal year under the heading ‘‘Department of Housing and Urban Development—Community Planning and Development—Homeless Assistance Grants’’ shall become available until expended not later than the end of the fifth fiscal year after the last fiscal year for which such funds are avail- able and shall be available, in addition to rental assistance amounts that were recaptured and made available until expended under such head- ing by any prior Act, and in addition to such other funds as may be available for such pur- poses, for the following purposes: (1) For grants under the Continuum of Care program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); (2) For grants under the Emergency Solu- tions Grant program under subtitle B of title IV of such Act (42 U.S.C. 11371 et seq.); (3) Not less than 10 percent of the amounts shall be used only for grants in rural areas under the Continuum of Care program, to in- clude activities eligible under the Rural Hous- ing Stability Assistance program under sec- tion 491 of such Act (42 U.S.C. 11408) that are not otherwise eligible under the Continuum of Care program; and (4) Not less than 10 percent of the amounts shall be for emergency solutions grants for disaster areas as authorized by subsection (c). (b) Prior to the use of any recaptured amounts referred to in subsection (a), including com- peting, awarding, or obligating such amounts, the Secretary shall submit a plan in accordance with subsection (a) that specifies the planned use of any such amounts to the Committees on Appropriations of the House of Representatives and the Senate, and receive prior written ap- proval of such plan, except that use of amounts in the plan for the purposes specified in sub- section (a)(4) may begin once such plan is sub- mitted to such Committees. (c)(1) The Secretary may make grants under the Emergency Solutions Grants program under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) to States or local governments to address the needs of homeless individuals or families or in- dividuals or families at risk of homelessness in areas affected by a major disaster declared pur- suant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after December 20, 2019, whose needs are not otherwise served or fully met by existing Federal disaster relief programs, including the Transitional Sheltering Assistance program under such Act (42 U.S.C. 5170b). (2) For purposes of grants under paragraph (1), the Secretary may suspend all consultation, cit- izen participation, and matching requirements. (Pub. L. 116–94, div. H, title II, § 231, Dec. 20, 2019, 133 Stat. 3008.) Editorial Notes REFERENCES IN TEXT The McKinney-Vento Homeless Assistance Act, re- ferred to in subsecs. (a)(1), (2) and (c)(1), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title IV of the Act is classified generally to part B (§ 11371 et seq.) of this subchapter. Subtitle C of title IV of the Act is classified generally to part C (§ 11381 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (c)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. CODIFICATION Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2020, and also as part of the Transportation, Housing and Urban Development, and Related Agencies Appro- priations Act, 2020, and the Further Consolidated Ap- propriations Act, 2020, and not as part of the McKinney- Vento Homeless Assistance Act which comprises this chapter. PART B—EMERGENCY SOLUTIONS GRANTS PROGRAM Editorial Notes CODIFICATION Pub. L. 111–22, div. B, title II, § 1201(1), May 20, 2009, 123 Stat. 1678, substituted ‘‘Emergency Solutions Grants Program’’ for ‘‘Emergency Shelter Grants Pro- gram’’ in heading. § 11371. Definitions For purposes of this part: (1) The term ‘‘local government’’ means a unit of general purpose local government. (2) The term ‘‘locality’’ means the geo- graphical area within the jurisdiction of a local government. (3) The term ‘‘metropolitan city’’ has the meaning given such term in section 5302 of this title. Page 8155 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11372a (4) The term ‘‘operating costs’’ means ex- penses incurred by a recipient operating a fa- cility assisted under this part with respect to— (A) the administration, maintenance, re- pair, and security of such housing; and (B) utilities, fuels, furnishings, and equip- ment for such housing. (5) The term ‘‘private nonprofit organiza- tion’’ means a secular or religious organiza- tion described in section 501(c) of title 26 that is exempt from taxation under subtitle A of title 26, has an accounting system and a vol- untary board, and practices nondiscrimination in the provision of assistance. (6) The term ‘‘recipient’’ means any govern- mental or private nonprofit entity that is ap- proved by the Secretary as to financial respon- sibility. (7) The term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (8) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or pos- session of the United States. (9) The term ‘‘urban county’’ has the mean- ing given such term in section 5302 of this title. (Pub. L. 100–77, title IV, § 411, July 22, 1987, 101 Stat. 495; Pub. L. 101–625, title VIII, § 832(f)(1), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(1), Oct. 26, 1996, 110 Stat. 4044.) Editorial Notes AMENDMENTS 1996—Par. (10). Pub. L. 104–330 struck out par. (10) which read as follows: ‘‘The term ‘Indian tribe’ has the meaning given such term in section 5302(a)(17) of this title.’’ 1990—Par. (10). Pub. L. 101–625 added par. (10). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians. Pub. L. 104–330, title V, § 506(c), Oct. 26, 1996, 110 Stat. 4045, as amended by Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: ‘‘The amendments under sub- sections (a) [amending this section and sections 11372 to 11376, 11382, 11401, 11403g, and 11408 of this title] and (b) [amending provisions formerly set out as a note under section 11301 of this title] shall apply with respect to amounts made available for assistance under title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.] and section 2 of the HUD Dem- onstration Act of 1993 [Pub. L. 103–120, former 42 U.S.C. 11301 note], respectively, for fiscal year 1998 and fiscal years thereafter.’’ 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 under section 11360 of this title. 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. § 11372. Grant assistance The Secretary shall make grants to States and local governments (and to private nonprofit or- ganizations providing assistance to persons ex- periencing homelessness or at risk of homeless- ness, in the case of grants made with reallocated amounts) for the purpose of carrying out activi- ties described in section 11374 of this title. (Pub. L. 100–77, title IV, § 412, as added Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.) Editorial Notes PRIOR PROVISIONS A prior section 11372, Pub. L. 100–77, title IV, § 412, July 22, 1987, 101 Stat. 496; Pub. L. 101–625, title VIII, § 832(f)(2), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(2), Oct. 26, 1996, 110 Stat. 4044, which re- lated to grant assistance, was repealed by Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678. 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. § 11372a. Amount and allocation of assistance (a) In general Of the amount made available to carry out this part and part C for a fiscal year, the Sec- retary shall allocate nationally 20 percent of such amount for activities described in section 11374 of this title. The Secretary shall be re- quired to certify that such allocation will not adversely affect the renewal of existing projects under this part and part C for those individuals or families who are homeless. (b) Allocation An entity that receives a grant under section 11372 of this title, and serves an area that in- cludes 1 or more geographic areas (or portions of such areas) served by collaborative applicants that submit applications under part C, shall al- locate the funds made available through the grant to carry out activities described in section 11374 of this title, in consultation with the col- laborative applicants. (Pub. L. 100–77, title IV, § 413, as added Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.) Editorial Notes PRIOR PROVISIONS A prior section 413 of Pub. L. 100–77 was renumbered section 414 and is classified to section 11373 of this title.