
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11375]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                Part B--Emergency Shelter Grants Program
 
Sec. 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 
paragraph, 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 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.
    (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 provided 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, 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;
            (B) 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
            (C) in the case of assistance involving solely activities 
        described in paragraphs (2) and (3) of section 11374(a) 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 assistance under this part 
    shall be sufficient to ensure that the building involved is safe and 
    sanitary;
        (3) it will assist homeless individuals in obtaining--
            (A) appropriate supportive services, including permanent 
        housing, medical and mental health treatment, counseling, 
        supervision, 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) of this section 
    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) of this section;
        (5) 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;
        (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 
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.

(e) 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.

(Pub. L. 100-77, title IV, Sec. 415, July 22, 1987, 101 Stat. 497; Pub. 
L. 100-628, title IV, Sec. 424, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 
101-625, title VIII, Sec. 832(e)(1), (2), (h), Nov. 28, 1990, 104 Stat. 
4360, 4362; Pub. L. 102-550, title XIV, Sec. 1402(b)-(d), Oct. 28, 1992, 
106 Stat. 4012, 4013; Pub. L. 104-330, title V, Sec. 506(a)(5), Oct. 26, 
1996, 110 Stat. 4044.)


                               Amendments

    1996--Subsec. (c)(4). Pub. L. 104-330 struck out ``Indian tribes,'' 
after ``local governments,''.
    1992--Subsec. (c). Pub. L. 102-550, Sec. 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, Sec. 1402(c), added subsec. (d).
    Subsec. (e). Pub. L. 102-550, Sec. 1402(d), added subsec. (e).
    1990--Subsec. (a)(1). Pub. L. 101-625, Sec. 832(e)(1)(A), 
substituted ``Except as provided in paragraph (2), each'' for ``Each''.
    Subsec. (a)(2), (3). Pub. L. 101-625, Sec. 832(e)(1)(B), (C), added 
par. (2) and redesignated former par. (2) as (3).
    Subsec. (c)(2), (3). Pub. L. 101-625, Sec. 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, Sec. 832(h)(3), added (after par. 
(5)) par. (4) relating to consistency of activities undertaken with 
assistance under this part.
    Pub. L. 101-625, Sec. 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, Sec. 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;''.


                    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 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.
