
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: 42USC11408]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                Part G--Rural Homeless Housing Assistance
 
Sec. 11408. Rural homelessness grant program


(a) Establishment

    The Secretary of Housing and Urban Development shall establish and 
carry out a rural homelessness grant program. In carrying out the 
program, the Secretary may award grants to eligible organizations in 
order to pay for the Federal share of the cost of--
        (1) assisting programs providing direct emergency assistance to 
    homeless individuals and families;
        (2) providing homelessness prevention assistance to individuals 
    and families at risk of becoming homeless; and
        (3) assisting individuals and families in obtaining access to 
    permanent housing and supportive services.

(b) Use of funds

                           (1) In general

        An eligible organization may use a grant awarded under 
    subsection (a) of this section to provide, in rural areas--
            (A) rent, mortgage, or utility assistance after 2 months of 
        nonpayment in order to prevent eviction, foreclosure, or loss of 
        utility service;
            (B) security deposits, rent for the first month of residence 
        at a new location, and relocation assistance;
            (C) short-term emergency lodging in motels or shelters, 
        either directly or through vouchers;
            (D) transitional housing;
            (E) rehabilitation and repairs such as insulation, window 
        repair, door repair, roof repair, and repairs that are necessary 
        to make premises habitable;
            (F) development of comprehensive and coordinated support 
        services that use and supplement, as needed, community networks 
        of services, including--
                (i) outreach services to reach eligible recipients;
                (ii) case management;
                (iii) housing counseling;
                (iv) budgeting;
                (v) job training and placement;
                (vi) primary health care;
                (vii) mental health services;
                (viii) substance abuse treatment;
                (ix) child care;
                (x) transportation;
                (xi) emergency food and clothing;
                (xii) family violence services;
                (xiii) education services;
                (xiv) moving services;
                (xv) entitlement assistance; and
                (xvi) referrals to veterans services and legal services; 
            and

            (G) costs associated with making use of Federal inventory 
        property programs to house homeless families, including the 
        program established under subchapter V of this chapter and the 
        Single Family Property Disposition Program established pursuant 
        to section 1710(g) of title 12.

                  (2) Capacity building activities

        Not more than 20 percent of the funds appropriated under 
    subsection (l)(1) of this section for a fiscal year may be used by 
    eligible organizations for capacity building activities, including 
    payment of operating costs and staff retention.

(c) Award of grants

        (1) Communities with populations of less than 10,000

        (A) Set aside

            In awarding grants under subsection (a) of this section for 
        a fiscal year, the Secretary shall make available not less than 
        50 percent of the funds appropriated under subsection (l)(1) of 
        this section for the fiscal year for grants to eligible 
        organizations serving communities that have populations of less 
        than 10,000.

        (B) Priority within set aside

            In awarding grants in accordance with subparagraph (A), the 
        Secretary shall give priority to eligible organizations serving 
        communities with populations of less than 5,000.

       (2) Communities without significant Federal assistance

        In awarding grants under subsection (a) of this section, 
    including grants awarded in accordance with paragraph (1), the 
    Secretary shall give priority to eligible organizations serving 
    communities not currently receiving significant Federal assistance 
    under this chapter.

                           (3) State limit

        In awarding grants under subsection (a) of this section for a 
    fiscal year, the Secretary shall not award to eligible organizations 
    within a State an aggregate sum of more than 10 percent of the funds 
    appropriated under subsection (l)(1) of this section, for the fiscal 
    year.

(d) Application

    In order to be eligible to receive a grant under subsection (a) of 
this section, an organization shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require. The application shall include, at a 
minimum--
        (1) a description of the target population and geographic area 
    to be served;
        (2) a description of the types of assistance to be provided;
        (3) an assurance that the assistance to be provided is closely 
    related to the identified needs of the target population;
        (4) a description of the existing assistance available to the 
    target population, including Federal, State, and local programs, and 
    a description of the manner in which the organization will 
    coordinate with and expand existing assistance or provide assistance 
    not available in the immediate area;
        (5) an agreement by the organization that the organization will 
    collect data on the projects conducted by the organization, 
    including assistance provided, number and characteristics of persons 
    served, and causes of homelessness for persons served; and
        (6) an agreement by the organization that, to the maximum extent 
    practicable, the organization will involve homeless individuals and 
    families through employment, volunteer services, and otherwise, in 
    providing, operating, and rehabilitating housing assisted under this 
    section and in providing services assisted under this section and 
    services for occupants of housing assisted under this section.

(e) Eligible organizations

    Organizations eligible to receive a grant under subsection (a) of 
this section shall include private nonprofit entities and county and 
local governments.

(f) Federal share

                           (1) In general

        The Federal share of the costs of providing assistance under 
    this section shall be 75 percent.

                        (2) Non-Federal share

        The non-Federal share of the cost of providing the assistance 
    shall be in cash or in kind, fairly evaluated, including plant, 
    equipment, staff services, or services delivered by volunteers.

(g) Participation of homeless individuals

    The Secretary shall, by regulation, require each eligible 
organization receiving a grant under this section to provide for the 
participation of not less than 1 homeless individual or former homeless 
individual on the board of directors or other equivalent policy making 
entity of the recipient, to the extent that such entity considers and 
makes policies and decisions regarding any housing, services, or other 
assistance of the eligible organization receiving the grant under this 
section. 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.

(h) Evaluation

                           (1) In general

        The Secretary shall conduct an evaluation of the program to--
            (A) determine the effectiveness of the program in providing 
        housing and other assistance to homeless persons in the area 
        served; and
            (B) determine the types of assistance needed to address 
        homelessness in rural areas.

                             (2) Report

        The Secretary shall submit to Congress, not later than 18 months 
    after the date on which the Secretary first makes grants under the 
    program, the evaluation of the program conducted under paragraph 
    (1), including recommendations for any Federal administrative or 
    legislative changes that may be necessary to improve the ability of 
    rural communities to prevent and respond to homelessness.

(i) Technical assistance

    The Secretary shall provide technical assistance to eligible 
organizations in developing programs in accordance with this section, 
and in gaining access to other Federal resources that may be used to 
assist homeless persons in rural areas. Such assistance may be provided 
through regional workshops, and may be provided directly or through 
grants to, or contracts with, nongovernmental entities.

(j) Termination of assistance

    If an individual or family who receives assistance under this 
section violates requirements of the assistance program provided by the 
organization receiving a grant under this section, the organization may 
terminate assistance in accordance with a formal process established by 
the organization that recognizes the rights of individuals receiving 
such assistance to due process of law, which may include a hearing.

(k) Definitions

    For purposes of this section:

                             (1) Program

        The term ``program'' means the rural homelessness grant program 
    established under this section.

                   (2) Rural area; rural community

        The terms ``rural area'' and ``rural community'' mean--
            (A) any area or community, respectively, no part of which is 
        within an area designated as a standard metropolitan statistical 
        area by the Office of Management and Budget; or
            (B) any area or community, respectively, that is--
                (i) within an area designated as a metropolitan 
            statistical area or considered as part of a metropolitan 
            statistical area; and
                (ii) located in a rural census tract.

                            (3) Secretary

        The term ``Secretary'' means the Secretary of Housing and Urban 
    Development.

(l) Authorization of appropriations

                           (1) In general

        There are authorized to be appropriated to carry out this 
    section $30,000,000 for fiscal year 1993 and $31,260,000 for fiscal 
    year 1994.

                          (2) Availability

        Any amount paid to a grant recipient for a fiscal year that 
    remains unobligated at the end of the year shall remain available to 
    the recipient for the purposes for which the payment was made for 
    the next fiscal year. The Secretary shall take such action as may be 
    necessary to recover any amount not obligated by the recipient at 
    the end of the second fiscal year, and shall redistribute the amount 
    to another eligible organization.

(Pub. L. 100-77, title IV, Sec. 491, as added Pub. L. 102-550, title 
XIV, Sec. 1408, Oct. 28, 1992, 106 Stat. 4035; amended Pub. L. 104-330, 
title V, Sec. 506(a)(10), Oct. 26, 1996, 110 Stat. 4045.)

                       References in Text

    This chapter, referred to in subsec. (c)(2), was in the original 
``this Act'', meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482, 
known as the Stewart B. McKinney Homeless Assistance Act. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 11301 of this title and Tables.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-330 struck out ``, Indian tribes (as 
such term is defined in section 5302(a) of this title),'' after 
``nonprofit entities''.


                    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.
