42 U.S.C. § 11381 — Purposes

Page 8160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11377 Editorial Notes REFERENCES IN TEXT The emergency shelter grants program under the pro- visions made effective by section 101(g) of Public Law 99–500 or Public Law 99–591, referred to in subsec. (a), means the emergency shelter grants program author- ized by title V of H.R. 5313 [Department of Housing and Urban Development—Independent Agencies Appropria- tions Act, 1987], as incorporated by reference by section 101(g) of Pub. L. 99–500 and 99–591, and enacted into law by section 106 of Pub. L. 100–202, which is set out as a note under section 11361 of this title. PRIOR PROVISIONS A prior section 417 of Pub. L. 100–77 was classified to section 11377 of this title, prior to repeal by Pub. L. 111–22. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–330 struck out ‘‘Indian tribe,’’ after ‘‘State,’’. 1990—Subsec. (b). Pub. L. 101–625, § 832(f)(7), inserted ‘‘Indian tribe,’’ after ‘‘State,’’. Subsec. (c). Pub. L. 101–625, § 832(g), added subsec. (c). 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. 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. § 11377. Repealed. Pub. L. 111–22, div. B, title II, § 1201(2), May 20, 2009, 123 Stat. 1678 Section, Pub. L. 100–77, title IV, § 417, July 22, 1987, 101 Stat. 498; Pub. L. 100–628, title IV, § 425, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(a), Nov. 28, 1990, 104 Stat. 4359; Pub. L. 102–550, title XIV, § 1402(a), Oct. 28, 1992, 106 Stat. 4012, authorized appropriations for fiscal years 1993 and 1994. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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 Devel- opment, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title. § 11378. Administrative costs A recipient may use up to 7.5 percent of any annual grant received under this part for admin- istrative purposes. A recipient State shall share the amount available for administrative pur- poses pursuant to the preceding sentence with local governments funded by the State. (Pub. L. 100–77, title IV, § 418, as added Pub. L. 101–625, title VIII, § 832(b)(1), Nov. 28, 1990, 104 Stat. 4359; amended Pub. L. 111–22, div. B, title II, § 1204, May 20, 2009, 123 Stat. 1680.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–22 substituted ‘‘7.5 percent’’ for ‘‘5 percent’’. 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. PART C—CONTINUUM OF CARE PROGRAM Editorial Notes CODIFICATION Pub. L. 111–22, div. B, title III, § 1301(1), May 20, 2009, 123 Stat. 1680, substituted ‘‘Continuum of Care Pro- gram’’ for ‘‘Supportive Housing Program’’ in heading. § 11381. Purposes The purposes of this part are— (1) to promote community-wide commitment to the goal of ending homelessness; (2) to provide funding for efforts by non- profit providers and State and local govern- ments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to individuals, families, and communities by homelessness; (3) to promote access to, and effective utili- zation of, mainstream programs described in section 11313(a)(7) of this title and programs funded with State or local resources; and (4) to optimize self-sufficiency among indi- viduals and families experiencing homeless- ness. (Pub. L. 100–77, title IV, § 421, as added Pub. L. 111–22, div. B, title III, § 1301(2), May 20, 2009, 123 Stat. 1680.) Editorial Notes PRIOR PROVISIONS A prior section 11381, Pub. L. 100–77, title IV, § 421, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013, which related to the purpose of the sup- portive housing program, was repealed by Pub. L. 111–22, div. B, title III, § 1301(2), May 20, 2009, 123 Stat. 1680. Another prior section 11381, Pub. L. 100–77, title IV, § 421, July 22, 1987, 101 Stat. 498, which related to estab- lishment of a supportive housing demonstration pro- gram, was repealed by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. 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. TRANSITIONAL PROVISION Pub. L. 102–550, title XIV, § 1403(b), Oct. 28, 1992, 106 Stat. 4021, as amended by Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: ‘‘Notwithstanding the amendment made by subsection (a) [adding part C and repealing former parts C and D of this subchapter], before the date of the effectiveness of the regulations issued under section 427 of the McKinney-Vento Home- less Assistance Act [42 U.S.C. 11387] (as amended by Page 8161 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11382 subsection (a) of this section) the Secretary may make grants under the provisions of subtitles C and D of [title IV of] the McKinney-Vento Homeless Assistance Act [former parts C and D of this subchapter], as in ef- fect immediately before the enactment of this Act [Oct. 28, 1992]. Any grants made before such effective date shall be subject to the provisions of such subtitles.’’ DEMONSTRATION PROJECTS TO REDUCE NUMBER OF HOMELESS FAMILIES IN WELFARE HOTELS Pub. L. 100–628, title IX, § 903, Nov. 7, 1988, 102 Stat. 3258, as amended by Pub. L. 104–193, title I, § 110(g), Aug. 22, 1996, 110 Stat. 2171, authorized Secretary of Health and Human Services to carry out 2 or 3 demonstration projects to provide housing in transitional facilities for homeless families who are recipients of assistance under a State program funded by part A of subchapter IV of chapter 7 of this title and who reside in commer- cial or similar transient facilities and authorized ap- propriations of not more than $20,000,000 for the grants for fiscal year 1990. DEFINITION For provisions relating to definition of ‘‘local govern- ment’’ as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Correc- tions note under section 11360 of this title. § 11382. Continuum of care applications and grants (a) Projects The Secretary shall award grants, on a com- petitive basis, and using the selection criteria described in section 11386a of this title, to carry out eligible activities under this part for projects that meet the program requirements under section 11386 of this title, either by di- rectly awarding funds to project sponsors or by awarding funds to unified funding agencies. (b) Notification of funding availability The Secretary shall release a notification of funding availability for grants awarded under this part for a fiscal year not later than 3 months after the date of the enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for such fiscal year. (c) Applications (1) Submission to the Secretary To be eligible to receive a grant under sub- section (a), a project sponsor or unified fund- ing agency in a geographic area shall submit an application to the Secretary at such time and in such manner as the Secretary may re- quire, and containing such information as the Secretary determines necessary— (A) to determine compliance with the pro- gram requirements and selection criteria under this part; and (B) to establish priorities for funding projects in the geographic area. (2) Announcement of awards (A) In general Except as provided in subparagraph (B), the Secretary shall announce, within 5 months after the last date for the submis- sion of applications described in this sub- section for a fiscal year, the grants condi- tionally awarded under subsection (a) for that fiscal year. (B) Transition For a period of up to 2 years beginning after the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall announce, within 6 months after the last date for the submission of ap- plications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year. (d) Obligation, distribution, and utilization of funds (1) Requirements for obligation (A) In general Not later than 9 months after the an- nouncement referred to in subsection (c)(2), each recipient or project sponsor shall meet all requirements for the obligation of those funds, including site control, matching funds, and environmental review require- ments, except as provided in subparagraphs (B) and (C). (B) Acquisition, rehabilitation, or construc- tion Not later than 24 months after the an- nouncement referred to in subsection (c)(2), each recipient or project sponsor seeking the obligation of funds for acquisition of hous- ing, rehabilitation of housing, or construc- tion of new housing for a grant announced under subsection (c)(2) shall meet all re- quirements for the obligation of those funds, including site control, matching funds, and environmental review requirements. (C) Extensions At the discretion of the Secretary, and in compelling circumstances, the Secretary may extend the date by which a recipient or project sponsor shall meet the requirements described in subparagraphs (A) and (B) if the Secretary determines that compliance with the requirements was delayed due to factors beyond the reasonable control of the recipi- ent or project sponsor. Such factors may in- clude difficulties in obtaining site control for a proposed project, completing the proc- ess of obtaining secure financing for the project, obtaining approvals from State or local governments, or completing the tech- nical submission requirements for the project. (2) Obligation Not later than 45 days after a recipient or project sponsor meets the requirements de- scribed in paragraph (1), the Secretary shall obligate the funds for the grant involved. (3) Distribution A recipient that receives funds through such a grant— (A) shall distribute the funds to project sponsors (in advance of expenditures by the project sponsors); and (B) shall distribute the appropriate portion of the funds to a project sponsor not later than 45 days after receiving a request for such distribution from the project sponsor.