42 U.S.C. § 11374 — Eligible activities

Page 8157 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11374 1 So in original. Probably should be ‘‘the fiscal year’’. Pub. L. 104–330, § 506(a)(3)(C)(i), which directed amend- ment of par. (3) by striking ‘‘, or Indian tribe’’ each place it appeared, was executed by striking ‘‘or Indian tribe’’ after ‘‘State’’ in two places to reflect the prob- able intent of Congress. 1990—Subsec. (a). Pub. L. 101–625, § 832(f)(3), inserted ‘‘, and to Indian tribes,’’ after ‘‘States)’’ and ‘‘, or for Indian tribes’’ after ‘‘urban county’’ in two places. Subsec. (c). Pub. L. 101–625, § 832(f)(4), inserted ‘‘or In- dian tribe’’ after ‘‘local government’’. Subsec. (d)(3). Pub. L. 101–625, § 832(f)(5), inserted ‘‘or Indian tribe’’ after ‘‘State’’ in two places and ‘‘, or other Indian tribes, as applicable,’’ after ‘‘counties’’. 1988—Subsec. (a). Pub. L. 100–628, § 421(a), inserted ‘‘and private nonprofit organizations’’ after ‘‘local gov- ernments’’. Subsec. (c). Pub. L. 100–628, § 421(b), inserted at end ‘‘Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to home- less individuals, if the local government for the local- ity in which the project is located certifies that it ap- proves of the project.’’ 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 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. Amendment by Pub. L. 104–330 applicable with re- spect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 506(c) of Pub. L. 104–330, set out as a note under section 11371 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. § 11374. Eligible activities (a) In general Assistance provided under section 11372 of this title may be used for the following activities: (1) The renovation, major rehabilitation, or conversion of buildings to be used as emer- gency shelters. (2) The provision of essential services related to emergency shelter or street outreach, in- cluding services concerned with employment, health, education, family support services for homeless youth, substance abuse services, vic- tim services, or mental health services, if— (A) such essential services have not been provided by the local government during any part of the immediately preceding 12-month period or the Secretary determines that the local government is in a severe financial def- icit; or (B) the use of assistance under this part would complement the provision of those es- sential services. (3) Maintenance, operation, insurance, provi- sion of utilities, and provision of furnishings related to emergency shelter. (4) Provision of rental assistance to provide short-term or medium-term housing to home- less individuals or families or individuals or families at risk of homelessness. Such rental assistance may include tenant-based or project-based rental assistance. (5) Housing relocation or stabilization serv- ices for homeless individuals or families or in- dividuals or families at risk of homelessness, including housing search, mediation or out- reach to property owners, legal services, credit repair, providing security or utility deposits, utility payments, rental assistance for a final month at a location, assistance with moving costs, or other activities that are effective at— (A) stabilizing individuals and families in their current housing; or (B) quickly moving such individuals and families to other permanent housing. (b) Maximum allocation for emergency shelter activities A grantee of assistance provided under section 11372 of this title for any fiscal year may not use an amount of such assistance for activities de- scribed in paragraphs (1) through (3) of sub- section (a) that exceeds the greater of— (1) 60 percent of the aggregate amount of such assistance provided for the grantee for such fiscal year; or (2) the amount expended by such grantee for such activities during fiscal year 1 most re- cently completed before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009. (Pub. L. 100–77, title IV, § 415, as added Pub. L. 111–22, div. B, title II, § 1202, May 20, 2009, 123 Stat. 1679.) Editorial Notes REFERENCES IN TEXT The effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (b)(2), is the effective date under section 1503 of div. B of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title. PRIOR PROVISIONS A prior section 11374, Pub. L. 100–77, title IV, § 415, for- merly § 414, July 22, 1987, 101 Stat. 497; Pub. L. 100–628, title IV, §§ 422, 423(a), Nov. 7, 1988, 102 Stat. 3231; Pub. L. 101–625, title VIII, § 832(c), (d), (f)(6), Nov. 28, 1990, 104 Stat. 4360, 4361; Pub. L. 102–550, title XIV, § 1402(e), Oct. 28, 1992, 106 Stat. 4013; Pub. L. 104–330, title V, § 506(a)(4), Oct. 26, 1996, 110 Stat. 4044; Pub. L. 106–377, § 1(a)(1) [title II, § 229(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–31; renum- bered § 415, Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678, which related to assistance used for activities relating to emergency shelter for home- less individuals, was repealed by Pub. L. 111–22, div. B, title II, § 1202, May 20, 2009, 123 Stat. 1679. Another prior section 415 of Pub. L. 100–77 was renum- bered section 416 and is classified to section 11375 of this title. Page 8158 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11375 1 See References in Text note below. 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. REPORT BY COMPTROLLER GENERAL Pub. L. 100–628, title IV, § 423(b), Nov. 7, 1988, 102 Stat. 3232, required the Comptroller General to conduct a study and report to Congress not later than 1 year after Nov. 7, 1988, on programs to prevent homelessness im- plemented by grantees. § 11375. Responsibilities of recipients (a) Matching amounts (1) Except as provided in paragraph (2), each recipient under this part shall be required to supplement the assistance provided under this part with an equal amount of funds from sources other than this part. Each recipient shall certify to the Secretary its compliance with this para- graph, and shall include with such certification a description of the sources and amounts of such supplemental funds. (2) Each recipient under this part that is a State shall be required to supplement the assist- ance provided under this part with an amount of funds from sources other than this part equal to the difference between the amount received under this part and $100,000. If the amount re- ceived by the State is $100,000 or less, the State may not be required to supplement the assist- ance provided under this part. (3) In calculating the amount of supplemental funds provided by a recipient under this part, a recipient may include the value of any donated material or building, the value of any lease on a building, any salary paid to staff to carry out the program of the recipient, and the value of the time and services contributed by volunteers to carry out the program of the recipient at a rate determined by the Secretary. (b) Administration of assistance Each recipient shall act as the fiscal agent of the Secretary with respect to assistance pro- vided to such recipient. (c) Certifications on use of assistance Each recipient shall certify to the Secretary that— (1) it will— (A) in the case of assistance involving major rehabilitation or conversion, main- tain any building for which assistance is used under this part as a shelter for home- less individuals and families for not less than a 10-year period; (B) in the case of assistance involving re- habilitation (other than major rehabilita- tion or conversion), maintain any building for which assistance is used under this part as a shelter for homeless individuals and families for not less than a 3-year period; or (C) in the case of assistance involving sole- ly activities described in paragraphs (2) and (3) of section 11374(a) 1 of this title, provide services or shelter to homeless individuals and families for the period during which such assistance is provided, without regard to a particular site or structure as long as the same general population is served; (2) any renovation carried out with assist- ance under this part shall be sufficient to en- sure that the building involved is safe and san- itary; (3) it will assist homeless individuals in ob- taining— (A) appropriate supportive services, in- cluding permanent housing, medical and mental health treatment, counseling, super- vision, and other services essential for achieving independent living; and (B) other Federal, State, local, and private assistance available for such individuals; (4) in the case of a recipient that is a State, it will obtain any matching amounts required under subsection (a) in a manner so that local governments, agencies, and local nonprofit or- ganizations receiving assistance from the grant that are least capable of providing the recipient State with such matching amounts receive the benefit of the $100,000 subtrahend under subsection (a)(2); (5) it will develop and implement procedures to ensure the confidentiality of records per- taining to any individual provided family vio- lence prevention or treatment services under any project assisted under this part and that the address or location of any family violence shelter project assisted under this part will, except with written authorization of the per- son or persons responsible for the operation of such shelter, not be made public; (6) activities undertaken by the recipient with assistance under this part are consistent with any housing strategy submitted by the grantee in accordance with section 12705 of this title; and (7) to the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this part, in providing services assisted under this part, and in providing services for occupants of facilities assisted under this part. (d) Participation of homeless individuals The Secretary shall, by regulation, require each recipient that is not a State to provide for the participation of not less than 1 homeless in- dividual or former homeless individual on the board of directors or other equivalent policy- making entity of such recipient, to the extent that such entity considers and makes policies and decisions regarding any facility, services, or other assistance of the recipient assisted under this part. The Secretary may grant waivers to recipients unable to meet the requirement under the preceding sentence if the recipient agrees to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions. (e) Termination of assistance If an individual or family who receives assist- ance under this part from a recipient violates