
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11394]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
   Part D--Safe Havens for Homeless Individuals Demonstration Program
 
Sec. 11394. Program requirements


(a) Applications

    Applications for assistance under this part shall be submitted by an 
applicant in such form and in accordance with such procedures as the 
Secretary shall establish, and such applications shall contain at a 
minimum--
        (1) a description of the proposed facility;
        (2) a description of the number and characteristics of the 
    eligible persons expected to occupy the safe haven;
        (3) a plan for identifying and selecting eligible persons to 
    participate;
        (4) a program plan, containing a description of the method--
            (A) of operation of the facility, including staffing plans 
        and facility rules;
            (B) by which the applicant will secure supportive services 
        for residents of the safe haven;
            (C) by which the applicant will monitor the willingness of 
        residents to engage in treatment programs and other supportive 
        services;
            (D) by which access to supportive services will be secured 
        for residents willing to use them;
            (E) by which access to permanent housing with appropriate 
        services, such as the Shelter Plus Care program under part F of 
        this subchapter, will be sought after residents are stabilized; 
        and
            (F) by which the applicant will conduct outreach activities 
        to facilitate the entrance of eligible persons into the safe 
        haven;

        (5) a plan to ensure that adequate security precautions are 
    taken to make the facility safe for the residents;
        (6) an estimate of program costs;
        (7) a description of the resources that are expected to be made 
    available in accordance with section 11393(b) of this title;
        (8) assurances satisfactory to the Secretary that the facility 
    will have 24-hour, on-site management, if practicable;
        (9) assurances satisfactory to the Secretary that the facility 
    will be operated for the purpose specified in the application for 
    each year in which assistance is provided under this part;
        (10) a certification by the public official responsible for 
    submitting the comprehensive housing affordability strategy under 
    section 12705 of this title for the State or unit of general local 
    government within which the facility is located that the proposed 
    activities are consistent with the approved housing strategy for 
    such jurisdiction;
        (11) a certification that the applicant will comply with the 
    requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.], title 
    VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], 
    section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], and 
    the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and 
    will affirmatively further fair housing;
        (12) a plan for program evaluation based on information that is 
    collected on a periodic basis regarding the characteristics of the 
    residents, including their movement in and out of the safe haven, 
    their willingness to use low-demand services and referrals, the 
    availability and quality of services used, and the movement of 
    residents toward a more traditional form of permanent housing after 
    a period of residency in the safe haven; and
        (13) such other information as the Secretary may require.

(b) Site control

    The Secretary shall require that an applicant furnish reasonable 
assurances that the applicant will have control of a site for the 
proposed facility not later than 1 year after notification of an award 
of assistance under this part. If an applicant fails to obtain control 
of the site within this period, the grant shall be recaptured by the 
Secretary and reallocated for use under this part.

(c) Selection criteria

    The Secretary shall establish selection criteria for selecting 
applicants to receive assistance under this part pursuant to a national 
competition, which shall include--
        (1) the extent to which the applicant demonstrates the ability 
    to develop and operate a safe haven;
        (2) the extent to which there is a need for a safe haven in the 
    jurisdiction in which the facility will be located;
        (3) the extent to which the program would link eligible persons 
    to permanent housing and supportive services after stabilization in 
    a safe haven;
        (4) the cost-effectiveness of the proposed program;
        (5) providing for geographical diversity among applicants 
    selected to receive assistance;
        (6) the extent to which the safe haven would meet the need of 
    the eligible persons proposed to be served by the safe haven; and
        (7) such other factors as the Secretary determines to be 
    appropriate for purposes of carrying out the program established 
    under this part in an effective and efficient manner.

(d) Required agreements

    The Secretary may not provide assistance under this part for any 
safe haven program unless the applicant agrees--
        (1) to develop and operate the proposed facility as a safe haven 
    in accordance with the provisions of this part;
        (2) to ensure that the facility meets any standards of 
    habitability established by the Secretary;
        (3) to provide low-demand services and referrals for the 
    residents of the safe haven;
        (4) to prohibit the use of illegal drugs and alcohol in the 
    facility;
        (5) to ensure that adequate security precautions are taken to 
    make the facility safe for the residents;
        (6) not to establish limitations on the duration of residency;
        (7) not to require participation in low-demand services and 
    referrals as a condition of occupancy;
        (8) to monitor and report to the Secretary on progress in 
    carrying out the safe haven program;
        (9) to the maximum extent practicable, to involve eligible 
    persons, through employment, volunteer services, or otherwise, in 
    renovating, maintaining, and operating facilities assisted under 
    this part and in providing services assisted under this part;
        (10) 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 
    (in accordance with regulations that the Secretary shall issue), to 
    the extent that such entity considers and makes policies and 
    decisions regarding any facility or services assisted under this 
    part, or to otherwise provide for the consultation and participation 
    of such an individual in considering and making such policies and 
    decisions; and
        (11) to comply with such other terms and conditions as the 
    Secretary may establish for purposes of carrying out the program 
    established under this part in an effective and efficient manner.

The Secretary may waive the applicability of the requirement under 
paragraph (10) for an applicant that is unable to meet such requirement, 
if the applicant agrees to otherwise consult with homeless or formerly 
homeless individuals in considering and making such policies and 
decisions.

(Pub. L. 100-77, title IV, Sec. 434, as added Pub. L. 102-550, title 
XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4025.)

                       References in Text

    The Fair Housing Act, referred to in subsec. (a)(11), is title VIII 
of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is 
classified principally to subchapter I (Sec. 3601 et seq.) of chapter 45 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 3601 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (a)(11), is 
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the 
Act is classified generally to subchapter V (Sec. 2000d et seq.) of 
chapter 21 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 2000a of this title and 
Tables.
    The Age Discrimination Act of 1975, referred to in subsec. (a)(11), 
is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, 
which is classified generally to chapter 76 (Sec. 6101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 6101 of this title and Tables.


                            Prior Provisions

    A prior section 11394, Pub. L. 100-77, title IV, Sec. 434, July 22, 
1987, 101 Stat. 508; Pub. L. 100-628, title IV, Sec. 464, Nov. 7, 1988, 
102 Stat. 3237; Pub. L. 101-625, title VIII, Sec. 834(a), Nov. 28, 1990, 
104 Stat. 4365, authorized appropriations for supplemental assistance 
for facilities to assist the homeless, prior to repeal by Pub. L. 102-
550, Sec. 1403(a).
