42 U.S.C. § 11375 — Responsibilities of recipients

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 Page 8159 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11376 program requirements, the recipient may termi- nate assistance in accordance with a formal process established by the recipient that recog- nizes the rights of individuals affected, which may include a hearing. (f) Participation in HMIS The Secretary shall ensure that recipients of funds under this part ensure the consistent par- ticipation by emergency shelters and homeless- ness prevention and rehousing programs in any applicable community-wide homeless manage- ment information system. (Pub. L. 100–77, title IV, § 416, formerly § 415, July 22, 1987, 101 Stat. 497; Pub. L. 100–628, title IV, § 424, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(e)(1), (2), (h), Nov. 28, 1990, 104 Stat. 4360, 4362; Pub. L. 102–550, title XIV, § 1402(b)–(d), Oct. 28, 1992, 106 Stat. 4012, 4013; Pub. L. 104–330, title V, § 506(a)(5), Oct. 26, 1996, 110 Stat. 4044; renumbered § 416 and amended Pub. L. 111–22, div. B, title II, §§ 1201(3), 1203, May 20, 2009, 123 Stat. 1678, 1680.) Editorial Notes REFERENCES IN TEXT Section 11374 of this title, referred to in subsec. (c)(1)(C), was in the original a reference to section 414, meaning section 414 of Pub. L. 100–77, which has been translated as reading section 415 of Pub. L. 100–77 to re- flect the probable intent of Congress and the renum- bering of section 414 of Pub. L. 100–77 as section 415 by Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678. PRIOR PROVISIONS A prior section 416 of Pub. L. 100–77 was renumbered section 417 and is classified to section 11376 of this title. AMENDMENTS 2009—Subsec. (f). Pub. L. 111–22, § 1203, added subsec. (f). 1996—Subsec. (c)(4). Pub. L. 104–330 struck out ‘‘Indian tribes,’’ after ‘‘local governments,’’. 1992—Subsec. (c). Pub. L. 102–550, § 1402(b), in par. (1), substituted a semicolon for period at end, in par. (3), struck out ‘‘and’’ at end, in par. (4), inserted ‘‘it will’’ after ‘‘State,’’ and struck out ‘‘and’’ at end, in par. (5), inserted ‘‘it will’’ before ‘‘develop’’ and substituted a semicolon for period at end, redesignated par. (4), relat- ing to consistency of activities undertaken with assist- ance under this part, as (6) and substituted ‘‘; and’’ for period at end, and added par. (7). Subsec. (d). Pub. L. 102–550, § 1402(c), added subsec. (d). Subsec. (e). Pub. L. 102–550, § 1402(d), added subsec. (e). 1990—Subsec. (a)(1). Pub. L. 101–625, § 832(e)(1)(A), sub- stituted ‘‘Except as provided in paragraph (2), each’’ for ‘‘Each’’. Subsec. (a)(2), (3). Pub. L. 101–625, § 832(e)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsec. (c)(2), (3). Pub. L. 101–625, § 832(e)(2)(A), (B), (h)(1), (2), amended subsec. (c) identically, striking ‘‘and’’ at end of par. (2) and substituting ‘‘; and’’ for pe- riod at end of par. (3). Subsec. (c)(4). Pub. L. 101–625, § 832(h)(3), added (after par. (5)) par. (4) relating to consistency of activities un- dertaken with assistance under this part. Pub. L. 101–625, § 832(e)(2)(C), added par. (4) relating to matching funds obtained by State recipients of assist- ance under this part. Subsec. (c)(5). Pub. L. 101–625, § 832(e)(2)(C), added par. (5). 1988—Subsec. (c)(1). Pub. L. 100–628 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘it will maintain any building for which assistance is used under this part as a shelter for homeless individ- uals for not less than a 3-year period or for not less than a 10-year period if such assistance is used for the major rehabilitation or conversion of such building;’’. 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. § 11376. Administrative provisions (a) Regulations Not later than 60 days after July 22, 1987, the Secretary shall by notice establish such require- ments as may be necessary to carry out the pro- visions of this part. Such requirements shall be subject to section 553 of title 5. The Secretary shall issue requirements based on the initial no- tice before the expiration of the 12-month period following July 22, 1987. Prior to the issuance of such requirements in final form, the require- ments established by the Secretary imple- menting the provisions of the emergency shelter grants program under the provisions made effec- tive by section 101(g) of Public Law 99–500 or Public Law 99–591 shall govern the emergency shelter grants program under this part. (b) Initial allocation of assistance Not later than the expiration of the 60-day pe- riod following the date of enactment of a law providing appropriations to carry out this part, the Secretary shall notify each State, metro- politan city, and urban county that is to receive a direct grant of its allocation of assistance under this part. Such assistance shall be allo- cated and may be used notwithstanding any fail- ure of the Secretary to issue requirements under subsection (a). (c) Minimum standards of habitability The Secretary shall prescribe such minimum standards of habitability as the Secretary deter- mines to be appropriate to ensure that emer- gency shelters assisted under this section are environments that provide appropriate privacy, safety, and sanitary and other health-related conditions for homeless persons and families. Grantees are authorized to establish standards of habitability in addition to those prescribed by the Secretary. (Pub. L. 100–77, title IV, § 417, formerly § 416, July 22, 1987, 101 Stat. 498; Pub. L. 101–625, title VIII, § 832(f)(7), (g), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(6), Oct. 26, 1996, 110 Stat. 4044; renumbered § 417, Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678.)