Title 42 — The Public Health and Welfare
Part B · Chapter 119 — Homeless Assistance
§ 11375. Responsibilities of recipients
Statutory text
Matching amounts
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 paragraph, and shall include with such certification a description of the sources and amounts of such supplemental funds.
Each recipient under this part that is a State shall be required to supplement the assistance 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 received by the State is $100,000 or less, the State may not be required to supplement the assistance provided under this part.
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.
Administration of assistance
Each recipient shall act as the fiscal agent of the Secretary with respect to assistance provided to such recipient.
Certifications on use of assistance
Each recipient shall certify to the Secretary that—
it will—
in the case of assistance involving major rehabilitation 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 10-year period;
in the case of assistance involving rehabilitation (other than major rehabilitation 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
in the case of assistance involving solely 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;
any renovation carried out with assistance under this part shall be sufficient to ensure that the building involved is safe and sanitary;
it will assist homeless individuals in obtaining—
appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living; and
other Federal, State, local, and private assistance available for such individuals;
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 organizations 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);
it will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence 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 person or persons responsible for the operation of such shelter, not be made public;
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
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.
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 individual or former homeless individual on the board of directors or other equivalent policymaking 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.
Termination of assistance
If an individual or family who receives assistance under this part from a recipient violates program requirements, the recipient may terminate assistance in accordance with a formal process established by the recipient that recognizes the rights of individuals affected, which may include a hearing.
Participation in HMIS
The Secretary shall ensure that recipients of funds under this part ensure the consistent participation by emergency shelters and homelessness prevention and rehousing programs in any applicable community-wide homeless management information system.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 100–77 title IV § 416 · 101 Stat. 482
Enacted · 42 U.S.C. § 11375
Pub. L. 100–77, title IV, § 416, formerly § 415, July 22, 1987, 101 Stat. 497
Source evidence
Code source credit
Pub. L. 100–77, title IV, § 416, formerly § 415, July 22, 1987, 101 Stat. 497Enacted provision · exact public law section
SEC. 416. ADMINISTRATIVE PROVISIONS. (a) Regulations.— Not later than 60 days after the date of enactment of this Act, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this subtitle. Such requirements shall be subject to section 553 of title 5, United States Code. The Secretary shall issue requirements based on the initial notice before the expiration of the 12-month period following the date of enactment of this Act. Prior to the issuance of such requirements in final form, the requirements established by the Secretary implementing the provisions of the emergency shelter grants program under the provisions made effective by section 100 Stat. 1783–242, 3341–242. 101(g) of Public Law 99–500 or Public Law 99–591 shall govern the emergency shelter grants program under this subtitle. (b) Initial Allocation of Assistance.— Not later than the expiration of the 60-day period following the date of enactment of a law providing appropriations to carry out this subtitle, the Secretary shall notify each State, metropolitan city, and urban county that is to receive a direct grant of its allocation of assistance under this subtitle. Such assistance shall be allocated and may be used notwithstanding any failure of the Secretary to issue requirements under subsection (a).Stewart B. McKinney Homeless Assistance Amendments Act of 1988
Pub. L. 100–628 title IV § 424 · 102 Stat. 3224
Amended · 42 U.S.C. § 11375(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 individuals 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;”
Source evidence
Code amendment note
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 individuals 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;”.Enacted provision · exact public law section
SEC. 424. REQUIRED USE OF BUILDING AS SHELTER. Section 415(c)(1) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375(c)(1)) is amended to read as follows: “(1) it will— “(A) in the case of assistance involving major rehabilitation or conversion, maintain any building for which assistance is used under this subtitle as a shelter for homeless individuals and families for not less than a 10-year period; “(B) in the case of assistance involving rehabilitation (other than major rehabilitation or conversion), maintain any building for which assistance is used under this subtitle as a shelter for homeless individuals and families for not less than a 3-year period; or “(C) in the case of assistance involving solely activities described in paragraphs (2) and (3) of section 414(a), 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.”.Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 § 832(e)(1)(A) · 104 Stat. 4079
Substituted · 42 U.S.C. § 11375(a)(1)
Pub. L. 101–625, § 832(e)(1)(A), substituted “Except as provided in paragraph (2), each” for “Each”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 101–625, § 832(e)(1)(A), substituted “Except as provided in paragraph (2), each” for “Each”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “Each” the first place it appears and inserting “Except as provided in paragraph (2), each”;Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 § 832(e)(1)(B) · 104 Stat. 4079
Added · 42 U.S.C. § 11375(a)(2); 42 U.S.C. § 11375(a)(3)
Pub. L. 101–625, § 832(e)(1)(B), (C), added par. (2)
Redesignated · 42 U.S.C. § 11375(a)(2); 42 U.S.C. § 11375(a)(3)
Pub. L. 101–625, § 832(e)(1)(B), (C), redesignated former par. (2) as (3)
Source evidence
Code amendment note
Subsec. (a)(2), (3). Pub. L. 101–625, § 832(e)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).Enacted provision · exact public law section
(B) by redesignating paragraph (2) as paragraph (3); andCranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 § 832(e)(2)(A) · 104 Stat. 4079
Amended · 42 U.S.C. § 11375(c)(2); 42 U.S.C. § 11375(c)(3)
Pub. L. 101–625, § 832(e)(2)(A), (B), (h)(1), (2), amended subsec. (c) identically
Struck · 42 U.S.C. § 11375(c)(2); 42 U.S.C. § 11375(c)(3)
Pub. L. 101–625, § 832(e)(2)(A), (B), (h)(1), (2), striking “and” at end of par. (2)
Substituted · 42 U.S.C. § 11375(c)(2); 42 U.S.C. § 11375(c)(3)
Pub. L. 101–625, § 832(e)(2)(A), (B), (h)(1), (2), substituting “; and” for period at end of par. (3)
Source evidence
Code amendment note
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 period at end of par. (3).Enacted provision · exact public law section
(A) by striking “and” at the end of paragraph (2);Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 § 832(h)(3) · 104 Stat. 4079
Added · 42 U.S.C. § 11375(c)(4)
Pub. L. 101–625, § 832(h)(3), added (after par. (5)) par. (4) relating to consistency of activities undertaken with assistance under this part
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 101–625, § 832(h)(3), added (after par. (5)) par. (4) relating to consistency of activities undertaken with assistance under this part.Enacted provision · exact public law section
(3) by adding at the end the following: “(4) activities undertaken by the recipient with assistance under this subtitle are consistent with any housing strategy submitted by the grantee in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act.”.Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 § 832(e)(2)(C) · 104 Stat. 4079
Added · 42 U.S.C. § 11375(c)(4)
Pub. L. 101–625, § 832(e)(2)(C), added par. (4) relating to matching funds obtained by State recipients of assistance under this part
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–625, § 832(e)(2)(C), added par. (4) relating to matching funds obtained by State recipients of assistance under this part.Enacted provision · exact public law section
(C) by adding at the end the following new paragraphs: “(4) in the case of a recipient that is a State, obtain any matching amounts required under subsection (a) in a manner so that local governments, Indian tribes, agencies, and local non-profit organizations 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); and “(5) develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under this subtitle and that the address or location of any family violence shelter project assisted under this subtitle will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public.”.Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 § 832(e)(2)(C) · 104 Stat. 4079
Added · 42 U.S.C. § 11375(c)(5)
Pub. L. 101–625, § 832(e)(2)(C), added par. (5)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 101–625, § 832(e)(2)(C), added par. (5).Enacted provision · exact public law section
(C) by adding at the end the following new paragraphs: “(4) in the case of a recipient that is a State, obtain any matching amounts required under subsection (a) in a manner so that local governments, Indian tribes, agencies, and local non-profit organizations 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); and “(5) develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under this subtitle and that the address or location of any family violence shelter project assisted under this subtitle will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public.”.Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992
Pub. L. 102–550 § 1402(b) · 106 Stat. 3672
Substituted · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), substituted a semicolon for period at end, in par. (3)
Struck · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), struck out “and” at end, in par. (4)
Inserted · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), inserted “it will” after “State,”
Struck · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), struck out “and” at end, in par. (5)
Inserted · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), inserted “it will” before “develop”
Substituted · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), substituted a semicolon for period at end
Redesignated · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), redesignated par. (4), relating to consistency of activities undertaken with assistance under this part, as (6)
Substituted · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), substituted “; and” for period at end
Added · 42 U.S.C. § 11375(c)
Pub. L. 102–550, § 1402(b), in par. (1), added par. (7)
Source evidence
Code amendment note
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), relating to consistency of activities undertaken with assistance under this part, as (6) and substituted “; and” for period at end, and added par. (7).Enacted provision · exact public law section
(b) Employment of Homeless Individuals.— Section 415(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375(c)) is amended— (1) at the end of paragraph (1), by striking the period and inserting a semicolon; (2) at the end of paragraph (3), by striking “and”; (3) in paragraph (4)— (A) by inserting “it will” after “State,”; and (B) by striking “and” at the end; (4) in paragraph (5)— (A) by inserting “it will” before “develop”; and (B) by striking the period at the end and inserting a semicolon; (5) in the paragraph that follows paragraph (5) (as added by section 832(h)(3) of the Cranston-Gonzalez National Afford-able Housing Act (Public Law 101–625; 104 Stat. 4362— (A) by redesignating the paragraph as paragraph (6); and (B) by striking the period at the end and inserting and”; and (6) by adding at the end the following new paragraph: “(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 subtitle, in providing services assisted under this subtitle, and in providing services for occupants of facilities assisted under this subtitle.”.Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992
Pub. L. 102–550 § 1402(c) · 106 Stat. 3672
Added · 42 U.S.C. § 11375(d)
Pub. L. 102–550, § 1402(c), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–550, § 1402(c), added subsec. (d).Enacted provision · exact public law section
(c) Participation of Homeless Individuals.— Section 415 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375) is amended by adding at the end the following new sub-section: “(d) Participation of Homeless Individuals.— The Secretary Regulations. shall, by regulation, require each recipient that is not a State to provide for the participation of not less than 1 homeless individual or former homeless individual on the board of directors or other equivalent policymaking 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 subtitle. 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.”.Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992
Pub. L. 102–550 § 1402(d) · 106 Stat. 3672
Added · 42 U.S.C. § 11375(e)
Pub. L. 102–550, § 1402(d), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–550, § 1402(d), added subsec. (e).Enacted provision · exact public law section
(d) Termination of Assistance.— Section 415 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375) is amended by adding after subsection (d) (as added by subsection (c) of this section) the following new subsection: “(e) Termination of Assistance.— If an individual or family who receives assistance under this subtitle from a recipient violates program requirements, the recipient may terminate assistance in accordance with a formal process established by the recipient that recognizes the rights of individuals affected, which may include a hearing.”.Native American Housing Assistance and Self-Determination Act of 1996
Pub. L. 104–330 title V § 506(a)(5) · 110 Stat. 4016
Struck · 42 U.S.C. § 11375(c)(4)
Pub. L. 104–330 struck out “Indian tribes,” after “local governments,”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 104–330 struck out “Indian tribes,” after “local governments,”.Enacted provision · exact public law section
(5) in section 415(c)(4), by striking “Indian tribes,”;Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
Pub. L. 111–22 § 1203 · 123 Stat. 1632
Added · 42 U.S.C. § 11375(f)
Pub. L. 111–22, § 1203, added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–22, § 1203, added subsec. (f).Enacted provision · exact public law section
SEC. 1203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION SYSTEM. Section 416 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11375), as so redesignated by section 1201(3) of this division, is amended by adding at the end the following new subsection: “(f) Participation in HMIS.— The Secretary shall ensure that recipients of funds under this subtitle ensure the consistent participation by emergency shelters and homelessness prevention and rehousing programs in any applicable community-wide homeless management information system.” .Effective date note
Amendment by Pub. L. 111–22 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 a note under section 11302 of this title.
24 of 24 references resolved to an enrolled provision
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 reflect the probable intent of Congress and the renumbering of section 414 of Pub. L. 100–77 as section 415 by Pub. L. 111–22, div. B, title II, § 1201(3), , 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.
Amendments1988–2009 · 5 rounds
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), relating to consistency of activities undertaken with assistance 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), substituted “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 period 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 undertaken 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 assistance 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 individuals 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 , 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 a note under section 11302 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–330 effective , 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 respect 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.
Credits
1987–2009 · 6 acts
- 1987Pub. L. 100–77, title IV, § 416, formerly § 415, , 101 Stat. 497
- 1988Pub. L. 100–628, title IV, § 424, , 102 Stat. 3232
- 1990Pub. L. 101–625, title VIII, § 832(e)(1), (2), (h), , 104 Stat. 4360, 4362
- 1992Pub. L. 102–550, title XIV, § 1402(b)–(d), , 106 Stat. 4012, 4013
- 1996Pub. L. 104–330, title V, § 506(a)(5), , 110 Stat. 4044
- 2009renumbered § 416 and amended Pub. L. 111–22, div. B, title II, §§ 1201(3), 1203, , 123 Stat. 1678, 1680.
Show as published
(Pub. L. 100–77, title IV, § 416, formerly § 415, , 101 Stat. 497; Pub. L. 100–628, title IV, § 424, , 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(e)(1), (2), (h), , 104 Stat. 4360, 4362; Pub. L. 102–550, title XIV, § 1402(b)–(d), , 106 Stat. 4012, 4013; Pub. L. 104–330, title V, § 506(a)(5), , 110 Stat. 4044; renumbered § 416 and amended Pub. L. 111–22, div. B, title II, §§ 1201(3), 1203, , 123 Stat. 1678, 1680.)