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42 U.S.C. § 11386b — Allocation of amounts and incentives for specific eligible activities

submitted 17 years ago by Pub. L. 100-77 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 745 words · no verdicts yet

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This section sets minimum funding shares for permanent housing for people with disabilities and for homeless families with children. It also authorizes incentives for strategies shown to reduce homelessness and permits successful areas to use those incentives for eligible activities.

(a) Minimum allocation for permanent housing for homeless individuals and families with disabilities. (1) From each fiscal year’s funds for this part, at least 30 percent of the money made available for part B and this part must be used for permanent housing for homeless people with disabilities and homeless families that include an adult with a disability or a minor head of household with a disability when no adult is present. (2) When calculating this share, the Secretary may not count money used to renew existing-project contracts under section 11386c. (3) For an area to which subsection (e) applies regarding subsection (d)(2)(A), the 30-percent figure must be reduced proportionally according to need under section 11386a(b)(2). (4) This requirement is suspended for a year if, after making this allocation, the remaining grant money would not be enough to renew for one year all existing grants that otherwise would be fully funded. (5) It ends when the Secretary finds that at least 150,000 new permanent-housing units for homeless people and families with disabilities have been funded under this part since the start of 2001.

(b) Set-aside for permanent housing for homeless families with children. At least 10 percent of each fiscal year’s money for part B and this part must be used to provide or secure permanent housing for homeless families with children.

(c) Treatment of amounts for permanent or transitional housing. Nothing in this chapter limits the amount an applicant may request under this part for buying, building, or repairing property to develop permanent or transitional housing.

(d) Incentives for proven strategies. (1) The Secretary must give geographic areas bonuses or other incentives for using money under this part on activities proven effective at reducing homelessness generally, reducing it for a particular subpopulation, or meeting the prevention and independent-living goals in section 11386a(b)(1)(F). (2) These activities include—(A) permanent supportive housing for chronically homeless people and families; (B) for homeless families, rapid rehousing, short-term flexible subsidies to overcome rehousing barriers, and support focused on increasing income to pay rent, together with measures emphasizing rapid permanent rehousing and funding from mainstream family-service systems such as Temporary Assistance for Needy Families and Child Welfare services; and (C) another activity the Secretary determines, based on research and public notice and comment, has been proven effective for those purposes. (3) As far as practicable, the Secretary must balance incentives among strategies for homeless people, families, and other subpopulations. The Secretary may not create an incentive that specifically discourages collaborative applicants from using their flexibility to serve families with children and youths defined as homeless under other Federal laws.

(e) Incentives for successful implementation. If an area shows that it has fully implemented an activity in subsection (d) for all homeless people and families, or for all members of the targeted subpopulation, it must receive the subsection (d) bonus or incentive. It may use that bonus or incentive for any eligible activity under section 11383 or section 11374(a)(4) and (5), for homeless people generally or for the relevant subpopulation.

the actual law source: uscode.house.gov ↗public domain
(a) Minimum allocation for permanent housing for homeless individuals and families with disabilities
(1) In general

From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 30 percent of the sums made available to carry out part B and this part, shall be used for permanent housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult or a minor head of household if no adult is present in the household.

(2) Calculation

In calculating the portion of the amount described in paragraph (1) that is used for activities that are described in paragraph (1), the Secretary shall not count funds made available to renew contracts for existing projects under section 11386c of this title.

(3) Adjustment

The 30 percent figure in paragraph (1) shall be reduced proportionately based on need under section 11386a(b)(2) of this title in geographic areas for which subsection (e) applies in regard to subsection (d)(2)(A).

(4) Suspension

The requirement established in paragraph (1) shall be suspended for any year in which funding available for grants under this part after making the allocation established in paragraph (1) would not be sufficient to renew for 1 year all existing grants that would otherwise be fully funded under this part.

(5) Termination

The requirement established in paragraph (1) shall terminate upon a finding by the Secretary that since the beginning of 2001 at least 150,000 new units of permanent housing for homeless individuals and families with disabilities have been funded under this part.

(b) Set-aside for permanent housing for homeless families with children

From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 10 percent of the sums made available to carry out part B and this part for that fiscal year shall be used to provide or secure permanent housing for homeless families with children.

(c) Treatment of amounts for permanent or transitional housing

Nothing in this chapter may be construed to establish a limit on the amount of funding that an applicant may request under this part for acquisition, construction, or rehabilitation activities for the development of permanent housing or transitional housing.

(d) Incentives for proven strategies
(1) In general

The Secretary shall provide bonuses or other incentives to geographic areas for using funding under this part for activities that have been proven to be effective at reducing homelessness generally, reducing homelessness for a specific subpopulation, or achieving homeless prevention and independent living goals as set forth in section 11386a(b)(1)(F) of this title.

(2) Rule of construction

For purposes of this subsection, activities that have been proven to be effective at reducing homelessness generally or reducing homelessness for a specific subpopulation includes—

(A)

permanent supportive housing for chronically homeless individuals and families;

(B)

for homeless families, rapid rehousing services, short-term flexible subsidies to overcome barriers to rehousing, support services concentrating on improving incomes to pay rent, coupled with performance measures emphasizing rapid and permanent rehousing and with leveraging funding from mainstream family service systems such as Temporary Assistance for Needy Families and Child Welfare services; and

(C)

any other activity determined by the Secretary, based on research and after notice and comment to the public, to have been proven effective at reducing homelessness generally, reducing homelessness for a specific subpopulation, or achieving homeless prevention and independent living goals as set forth in section 11386a(b)(1)(F) of this title.

(3) Balance of incentives for proven strategies

To the extent practicable, in providing bonuses or incentives for proven strategies, the Secretary shall seek to maintain a balance among strategies targeting homeless individuals, families, and other subpopulations. The Secretary shall not implement bonuses or incentives that specifically discourage collaborative applicants from exercising their flexibility to serve families with children and youth defined as homeless under other Federal statutes.

(e) Incentives for successful implementation of proven strategies

If any geographic area demonstrates that it has fully implemented any of the activities described in subsection (d) for all homeless individuals and families or for all members of subpopulations for whom such activities are targeted, that geographic area shall receive the bonus or incentive provided under subsection (d), but may use such bonus or incentive for any eligible activity under either section 11383 of this title or paragraphs (4) and (5) of section 11374(a) of this title for homeless people generally or for the relevant subpopulation.

Source credit: (Pub. L. 100–77, title IV, § 428, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1693.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 100-77 · 123 Stat. 1693

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-77 on 2009-05-20.

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