SUBCHAPTER VI—EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS

Part A—Adult Education for Homeless

§11421. State literacy initiatives

(a) General authority

(1) Grants

The Secretary of Education is authorized to make grants to State educational agencies to enable each such agency to implement, either directly or through contracts and grants, a program of literacy training and academic remediation for adult homeless individuals within the State, which program shall—

(A) include outreach activities; and

(B) be coordinated with other agencies or organizations, such as community-based organizations, nonprofit literacy-action organizations, and recipients of funds under the Adult Education Act [20 U.S.C. 1201 et seq.], title II of the Job Training Partnership Act [29 U.S.C. 1601 et seq.], the Youth Fair Chance program under part H of title IV of the Job Training Partnership Act [29 U.S.C. 1782 et seq.], the Volunteers in Service to America program under part A of title I of the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.], part C of this subchapter, or the Job Opportunity and Basic Skills program under part F of title IV of the Social Security Act [42 U.S.C. 681 et seq.].

(2) Estimates and amounts

The Secretary of Education, in awarding grants under this section, shall give special consideration to the estimates submitted in the application submitted under subsection (b) of this section and make such awards in whatever amounts such Secretary determines will best serve the purposes of this section.

(b) Application

Each State educational agency desiring to receive a grant under this section shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall include an estimate of the number of homeless individuals in the State and the number of such individuals expected to be served.

(c) Authorization of appropriations

For the purpose of carrying out the adult literacy training and academic remediation programs authorized by this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1995 through 1999.

(d) "State" defined

As used in this section, the term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Palau (until the effective date of the Compact of Free Association with the Government of Palau).

(Pub. L. 100–77, title VII, §701, as added Pub. L. 103–382, title III, §322, Oct. 20, 1994, 108 Stat. 3956.)

References in Text

The Adult Education Act, referred to in subsec. (a)(1)(B), is title III of Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1216, as amended, which is classified generally to chapter 30 (§1201 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of Title 20 and Tables.

The Job Training Partnership Act, referred to in subsec. (a)(1)(B), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, as amended. Title II of the Act is classified generally to subchapter II (§1601 et seq.) of chapter 19 of Title 29, Labor. Part H of title IV of the Act is classified generally to part H (§1782 et seq.) of subchapter IV of chapter 19 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(1)(B), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, as amended. Part A of title I of the Act is classified generally to part A (§4951 et seq.) of subchapter I of chapter 66 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables.

The Social Security Act, referred to in subsec. (a)(1)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part F of title IV of the Act is classified generally to part F (§681 et seq.) of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

For Oct. 1, 1994, as the effective date the Compact of Free Association with the Government of Palau, referred to in subsec. (d), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

Prior Provisions

A prior section 11421, Pub. L. 100–77, title VII, §702, July 22, 1987, 101 Stat. 525; Pub. L. 100–297, title VI, §6001, Apr. 28, 1988, 102 Stat. 423; Pub. L. 100–628, title VII, §701, Nov. 7, 1988, 102 Stat. 3244; Pub. L. 101–645, title VI, §611, Nov. 29, 1990, 104 Stat. 4734, related to State literacy initiatives, prior to the general amendment of this part by Pub. L. 103–382.

A prior section 701 of Pub. L. 100–77 amended prior sections 1205 and 1207a of Title 20, Education.

Effective Date

Section effective July 1, 1995, see section 3(a)(3)(A) of Pub. L. 103–382, set out as an Effective Date of 1994 Amendment note under section 1411 of Title 20, Education.

Part B—Education for Homeless Children and Youth

Part Referred to in Other Sections

This part is referred to in title 20 section 8825.

§11431. Statement of policy

It is the policy of the Congress that—

(1) each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youth;

(2) in any State that has a compulsory residency requirement as a component of the State's compulsory school attendance laws or other laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youth, the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same free, appropriate public education as provided to other children and youth;

(3) homelessness alone should not be sufficient reason to separate students from the mainstream school environment; and

(4) homeless children and youth should have access to the education and other services that such children and youth need to ensure that such children and youth have an opportunity to meet the same challenging State student performance standards to which all students are held.

(Pub. L. 100–77, title VII, §721, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3957.)

Prior Provisions

A prior section 11431, Pub. L. 100–77, title VII, §721, July 22, 1987, 101 Stat. 525; Pub. L. 101–645, title VI, §612(a), Nov. 29, 1990, 104 Stat. 4735, stated policy of Congress, prior to the general amendment of this part by Pub. L. 103–382.

Effective Date

Part effective July 1, 1995, see section 3(a)(3)(A) of Pub. L. 103–382, set out as an Effective Date of 1994 Amendment note under section 1411 of Title 20, Education.

Section Referred to in Other Sections

This section is referred to in sections 11432, 11434 of this title.

§11432. Grants for State and local activities for education of homeless children and youth

(a) General authority

The Secretary is authorized to make grants to States in accordance with the provisions of this section to enable such States to carry out the activities described in subsections (d), (e), (f), and (g) of this section.

(b) Application

No State may receive a grant under this section unless the State educational agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(c) Allocation and reservations

(1) In general

Subject to paragraph (2) and section 11434(c) of this title, from the amounts appropriated for each fiscal year under section 11435 of this title, the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 11435 of this title as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6332] to the State for that year bears to the total amount allocated under section 1122 to all States for that year, except that no State shall receive less than $100,000.

(2) Reservation

(A) The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 11435 of this title to be allocated by the Secretary among the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Palau (until the effective date of the Compact of Free Association with the Government of Palau), according to their respective need for assistance under this part, as determined by the Secretary.

(B)(i) The Secretary is authorized to transfer one percent of the amount appropriated for each fiscal year under section 11435 of this title to the Department of the Interior for programs for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.], that are consistent with the purposes of this chapter.

(ii) The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this part,¹ for the distribution and use of the funds described in clause (i) under terms that the Secretary determines best meet the purposes of the programs described in such clause. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts transferred, including appropriate goals, objectives, and milestones.

(3) "State" defined

As used in this subsection, the term "State" shall not include the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or Palau.

(d) Activities

Grants under this section shall be used—

(1) to carry out the policies set forth in section 11431 of this title in the State;

(2) to provide activities for, and services to, homeless children, including preschool-aged children, and homeless youth that enable such children and youth to enroll in, attend, and succeed in school, or, if appropriate, in preschool programs;

(3) to establish or designate an Office of Coordinator of Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f) of this section;

(4) to prepare and carry out the State plan described in subsection (g) of this section; and

(5) to develop and implement professional development programs for school personnel to heighten their awareness of, and capacity to respond to, specific problems in the education of homeless children and youth.

(e) State and local grants

(1) In general

(A) Subject to subparagraph (B), if the amount allotted to the State educational agency for any fiscal year under this part exceeds the amount such agency received for fiscal year 1990 under this part, such agency shall provide grants to local educational agencies for purposes of section 11433 of this title.

(B) The State educational agency may reserve not more than the greater of 5 percent of the amount such agency receives under this part for any fiscal year, or the amount such agency received under this part for fiscal year 1990, to conduct activities under subsection (f) of this section directly or through grants or contracts.

(2) Special rule

If the amount allotted to a State educational agency for any fiscal year under this part is less than the amount such agency received for fiscal year 1990 under this part, such agency, at such agency's discretion, may provide grants to local educational agencies in accordance with section 11433 of this title or may conduct activities under subsection (f) of this section directly or through grants or contracts.

(f) Functions of Office of Coordinator

The Coordinator of Education of Homeless Children and Youth established in each State shall—

(1) estimate the number of homeless children and youth in the State and the number of such children and youth served with assistance provided under the grants or contracts under this part;

(2) gather, to the extent possible, reliable, valid, and comprehensive information on the nature and extent of the problems homeless children and youth have in gaining access to public preschool programs and to public elementary and secondary schools, the difficulties in identifying the special needs of such children and youth, any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties, and the success of the program under this part in allowing homeless children and youth to enroll in, attend, and succeed in, school;

(3) develop and carry out the State plan described in subsection (g) of this section;

(4) prepare and submit to the Secretary not later than October 1, 1997, and on October 1 of every third year thereafter, a report on the information gathered pursuant to paragraphs (1) and (2) and such additional information as the Secretary may require to carry out the Secretary's responsibilities under this part;

(5) facilitate coordination between the State educational agency, the State social services agency, and other agencies providing services to homeless children and youth, including homeless children and youth who are preschool age, and families of such children and youth; and

(6) develop relationships and coordinate with other relevant education, child development, or preschool programs and providers of services to homeless children, homeless families, and runaway and homeless youth (including domestic violence agencies, shelter operators, transitional housing facilities, runaway and homeless youth centers, and transitional living programs for homeless youth), to improve the provision of comprehensive services to homeless children and youth and their families.

(g) State plan

(1) In general

Each State shall submit to the Secretary a plan to provide for the education of homeless children and youth within the State, which plan shall describe how such children and youth are or will be given the opportunity to meet the same challenging State student performance standards all students are expected to meet, shall describe the procedures the State educational agency will use to identify such children and youth in the State and to assess their special needs, and shall—

(A) describe procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youth;

(B) describe programs for school personnel (including principals, attendance officers, teachers and enrollment personnel), to heighten the awareness of such personnel of the specific needs of runaway and homeless youth;

(C) describe procedures that ensure that homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local food programs;

(D) describe procedures that ensure that—

(i) homeless children have equal access to the same public preschool programs, administered by the State agency, as provided to other children; and

(ii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care programs;

(E) address problems set forth in the report provided to the Secretary under subsection (f)(4) of this section;

(F) address other problems with respect to the education of homeless children and youth, including problems caused by—

(i) transportation issues; and

(ii) enrollment delays that are caused by—

(I) immunization requirements;

(II) residency requirements;

(III) lack of birth certificates, school records, or other documentation; or

(IV) guardianship issues;

(G) demonstrate that the State educational agency and local educational agencies in the State have developed, and will review and revise, policies to remove barriers to the enrollment and retention of homeless children and youth in schools in the State; and

(H) contain an assurance that the State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youth are not isolated or stigmatized.

(2) Compliance

Each plan adopted under this subsection shall also show how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (9).

(3) Local educational agency requirements

(A) The local educational agency of each homeless child and youth to be assisted under this part shall, according to the child's or youth's best interest, either—

(i) continue the child's or youth's education in the school of origin—

(I) for the remainder of the academic year; or

(II) in any case in which a family becomes homeless between academic years, for the following academic year; or

(ii) enroll the child or youth in any school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

(B) In determining the best interests of the child or youth under subparagraph (A), the local educational agency shall comply, to the extent feasible, with the request made by a parent or guardian regarding school selection.

(C) For purposes of this paragraph, the term "school of origin" means the school that the child or youth attended when permanently housed, or the school in which the child or youth was last enrolled.

(D) The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere by the parents.

(4) Comparable services

Each homeless child or youth to be assisted under this part shall be provided services comparable to services offered to other students in the school selected according to the provisions of paragraph (3), including—

(A) transportation services;

(B) educational services for which the child or youth meets the eligibility criteria, such as services provided under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] or similar State or local programs, educational programs for children with disabilities, and educational programs for students with limited-English proficiency;

(C) programs in vocational education;

(D) programs for gifted and talented students; and

(E) school meals programs.

(5) Records

Any record ordinarily kept by the school, including immunization records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, of each homeless child or youth shall be maintained—

(A) so that the records are available, in a timely fashion, when a child or youth enters a new school district; and

(B) in a manner consistent with section 1232g of title 20.

(6) Coordination

Each local educational agency serving homeless children and youth that receives assistance under this part shall coordinate with local social services agencies and other agencies or programs providing services to such children or youth and their families, including services and programs funded under the Runaway and Homeless Youth Act [42 U.S.C. 5701 et seq.].

(7) Liaison

(A) Each local educational agency that receives assistance under this part shall designate a homelessness liaison to ensure that—

(i) homeless children and youth enroll and succeed in the schools of that agency; and

(ii) homeless families, children, and youth receive educational services for which such families, children, and youth are eligible, including Head Start and Even Start programs and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental health services, and other appropriate services.

(B) State coordinators and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families of the duties of the liaisons.

(8) Review and revisions

Each State educational agency and local educational agency that receives assistance under this part shall review and revise any policies that may act as barriers to the enrollment of homeless children and youth in schools selected in accordance with paragraph (3). In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records, and other documentation, and guardianship. Special attention shall be given to ensuring the enrollment and attendance of homeless children and youth who are not currently attending school.

(9) Coordination

Where applicable, each State and local educational agency that receives assistance under this part shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 12705 of this title to minimize educational disruption for children who become homeless.

(Pub. L. 100–77, title VII, §722, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3957.)

References in Text

For Oct. 1, 1994, as the effective date the Compact of Free Association with the Government of Palau, referred to in subsec. (c)(2)(A), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(2)(B)(i), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.

This chapter, referred to in subsec. (c)(2)(B)(i), 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.

This part, referred to in subsec. (c)(2)(B)(ii), is unidentifiable in the original because subtitle B (§§721–726) of title VII of Pub. L. 100–77 does not contain any parts.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (g)(4)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

The Runaway and Homeless Youth Act, referred to in subsec. (g)(6), is title III of Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1129, which is classified generally to subchapter III (§5701 et seq.) of chapter 72 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.

Prior Provisions

A prior section 11432, Pub. L. 100–77, title VII, §722, July 22, 1987, 101 Stat. 525; Pub. L. 100–628, title VII, §702(a), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101–645, title VI, §612(b), Nov. 29, 1990, 104 Stat. 4735, related to grants for State and local activities for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 103–382.

Section Referred to in Other Sections

This section is referred to in sections 11433, 11434, 11486 of this title.

¹ See References in Text note below.

§11433. Local educational agency grants for education of homeless children and youth

(a) General authority

(1) In general

The State educational agency shall, in accordance with section 11432(e) of this title and from amounts made available to such agency under section 11435 of this title, make grants to local educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children and youth.

(2) Services

Unless otherwise specified, services under paragraph (1) may be provided through programs on school grounds or at other facilities. Where such services are provided through programs to homeless students on school grounds, schools may provide services to other children and youth who are determined by the local educational agency to be at risk of failing in, or dropping out of, schools, in the same setting or classroom. To the maximum extent practicable, such services shall be provided through existing programs and mechanisms that integrate homeless individuals with nonhomeless individuals.

(3) Requirement

Services provided under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program.

(b) Application

A local educational agency that desires to receive a grant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require according to guidelines issued by the Secretary. Each such application shall include—

(1) a description of the services and programs for which assistance is sought and the problems to be addressed through the provision of such services and programs;

(2) an assurance that the local educational agency's combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made;

(3) an assurance that the applicant complies with, or will use requested funds to come into compliance with, paragraphs (3) through (9) of section 11432(g) of this title; and

(4) a description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth.

(c) Awards

(1) In general

The State educational agency shall, in accordance with section 11432(g) of this title and from amounts made available to such agency under section 11435 of this title, award grants under this section to local educational agencies submitting an application under subsection (b) of this section on the basis of the need of such agencies.

(2) Need

In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary, and secondary schools within the area served by the agency, and shall consider the needs of such children and youth and the ability of the agency to meet such needs. Such agency may also consider—

(A) the extent to which the proposed use of funds would facilitate the enrollment, retention, and educational success of homeless children and youth;

(B) the extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth, as well as the State plan required by section 11432(g) of this title;

(C) the extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youth; and

(D) such other criteria as the agency determines appropriate.

(3) Duration of grants

Grants awarded under this section shall be for terms not to exceed three years.

(d) Authorized activities

A local educational agency may use funds awarded under this section for activities to carry out the purpose of this part, including—

(1) the provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State content standards and challenging State student performance standards the State establishes for other children or youth;

(2) the provision of expedited evaluations of the strengths and needs of homeless children and youth, including needs and eligibility for programs and services (such as educational programs for gifted and talented students, children with disabilities, and students with limited-English proficiency, services provided under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] or similar State or local programs, programs in vocational education, and school meals programs);

(3) professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the needs of homeless children and youth, the rights of such children and youth under this chapter, and the specific educational needs of runaway and homeless youth;

(4) the provision of referral services to homeless children and youth for medical, dental, mental, and other health services;

(5) the provision of assistance to defray the excess cost of transportation for students pursuant to section 11432(g)(4) of this title, not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 11432(g)(3) of this title;

(6) the provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding, for preschool-aged children;

(7) the provision of before- and after-school, mentoring, and summer programs for homeless children and youth in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities;

(8) where necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youth in school, including birth certificates, immunization records, academic records, guardianship records, and evaluations for special programs or services;

(9) the provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth;

(10) the development of coordination between schools and agencies providing services to homeless children and youth, including programs funded under the Runaway and Homeless Youth Act [42 U.S.C. 5701 et seq.];

(11) the provision of pupil services (including violence prevention counseling) and referrals for such services;

(12) activities to address the particular needs of homeless children and youth that may arise from domestic violence;

(13) the adaptation of space and purchase of supplies for nonschool facilities made available under subsection (a)(2) of this section to provide services under this subsection;

(14) the provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations; and

(15) the provision of other extraordinary or emergency assistance needed to enable homeless children and youth to attend school.

(Pub. L. 100–77, title VII, §723, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3962.)

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

This chapter, referred to in subsec. (d)(3), was in the original "this Act", meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, as amended, 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.

The Runaway and Homeless Youth Act, referred to in subsec. (d)(10), is title III of Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1129, which is classified generally to subchapter III (§5701 et seq.) of chapter 72 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.

Prior Provisions

A prior section 11433, Pub. L. 100–77, title VII, §723, July 22, 1987, 101 Stat. 527; Pub. L. 100–628, title VII, §702(b), Nov. 7, 1988, 102 Stat. 3245; Pub. L. 101–645, title VI, §612(c), Nov. 29, 1990, 104 Stat. 4739, related to local educational agency grants for education of homeless children and youth, prior to the general amendment of this part by Pub. L. 103–382.

Section Referred to in Other Sections

This section is referred to in section 11432 of this title.

§11434. Secretarial responsibilities

(a) Review of plans

In reviewing the State plans submitted by the State educational agencies under section 11432(g) of this title, the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plans adequately address the problems of homeless children and youth relating to access to education and placement as described in such plans.

(b) Technical assistance

The Secretary shall provide support and technical assistance to the State educational agencies to assist such agencies to carry out their responsibilities under this part.

(c) Evaluation and dissemination

The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 11435 of this title to conduct such activities.

(d) Submission and distribution

The Secretary shall require applications for grants under this part to be submitted to the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 120-day period beginning on such date.

(e) Determination by Secretary

The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (d) of this section, shall determine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appropriate public education as described in section 11431(1) of this title.

(f) Reports

The Secretary shall prepare and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate on the programs and activities authorized by this subtitle by December 31, 1997, and every third year thereafter.

(Pub. L. 100–77, title VII, §724, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3964.)

Prior Provisions

A prior section 11434, Pub. L. 100–77, title VII, §724, July 22, 1987, 101 Stat. 528; Pub. L. 101–645, title VI, §612(d), Nov. 29, 1990, 104 Stat. 4742, related to national responsibilities prior to the general amendment of this part by Pub. L. 103–382.

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Section Referred to in Other Sections

This section is referred to in section 11432 of this title.

§11434a. Definitions

For the purpose of this part, unless otherwise stated—

(1) the term "Secretary" means the Secretary of Education; and

(2) the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 100–77, title VII, §725, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3965.)

Prior Provisions

A prior section 11434a, Pub. L. 100–77, title VII, §725, as added Pub. L. 101–645, title VI, §613(2), Nov. 29, 1990, 104 Stat. 4743, related to reports by Comptroller General, prior to the general amendment of this part by Pub. L. 103–382.

A prior section 725 of Pub. L. 100–77 was renumbered section 726 and was classified to section 11435 of this title, prior to the general amendment of this part by Pub. L. 103–382.

§11435. Authorization of appropriations

For the purpose of carrying out this part, there are authorized to be appropriated $30,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996, 1997, 1998, and 1999.

(Pub. L. 100–77, title VII, §726, as added Pub. L. 103–382, title III, §323, Oct. 20, 1994, 108 Stat. 3965.)

Prior Provisions

A prior section 11435, Pub. L. 100–77, title VII, §726, formerly §725, July 22, 1987, 101 Stat. 528; Pub. L. 100–628, title VII, §702(c), Nov. 7, 1988, 102 Stat. 3245; renumbered §726, Pub. L. 101–645, title VI, §613(1), Nov. 29, 1990, 104 Stat. 4743, defined terms used in this part, prior to the general amendment of this part by Pub. L. 103–382.

Section Referred to in Other Sections

This section is referred to in sections 11432, 11433, 11434 of this title.

Part C—Job Training for Homeless

Part Referred to in Other Sections

This part is referred to in section 11421 of this title.

§§11441 to 11447. Omitted

Codification

Sections 11441 to 11447 terminated on Oct. 1, 1995, pursuant to former section 11450 of this title.

Section 11441, Pub. L. 100–77, title VII, §731, July 22, 1987, 101 Stat. 528, authorized demonstration program for job training for the homeless.

Section 11442, Pub. L. 100–77, title VII, §732, July 22, 1987, 101 Stat. 528, related to State coordination with demonstration program grant recipients.

Section 11443, Pub. L. 100–77, title VII, §733, July 22, 1987, 101 Stat. 529; Pub. L. 101–645, title VI, §621(a), Nov. 29, 1990, 104 Stat. 4743, related to applications for grants.

Section 11444, Pub. L. 100–77, title VII, §734, July 22, 1987, 101 Stat. 529, related to authorized activities.

Section 11445, Pub. L. 100–77, title VII, §735, July 22, 1987, 101 Stat. 529, related to payments, Federal share, and limitations.

Section 11446, Pub. L. 100–77, title VII, §736, July 22, 1987, 101 Stat. 530, related to evaluation of projects.

Section 11447, Pub. L. 100–77, title VII, §737, July 22, 1987, 101 Stat. 530; Pub. L. 100–628, title VII, §703(a), Nov. 7, 1988, 102 Stat. 3246, defined terms for this part.

§11448. Homeless veterans' reintegration projects

(a) General authority

The Secretary, using funds appropriated and made available for the purpose of carrying out this section, shall conduct, directly or through grant or contract, such programs as the Secretary determines appropriate to expedite the reintegration of homeless veterans into the labor force. Notwithstanding any other provision of law, the amount so appropriated shall be available for distribution in such manner as the Assistant Secretary of Labor for Veterans' Employment and Training considers appropriate and shall remain available until expended.

(b) Authority to monitor expenditure of funds

The Secretary is authorized to obtain such information as the Secretary considers appropriate to enable the Secretary to monitor and evaluate the distribution and expenditure of funds appropriated pursuant to the authorization contained in subsection (a) of this section. Such information shall be furnished to the Secretary in such form as the Secretary considers appropriate for the purpose of this subsection.

(c) Administration through Assistant Secretary of Labor for Veterans' Employment and Training

The Secretary shall administer the program provided for by this section through the Assistant Secretary of Labor for Veterans' Employment and Training.

(d) "Homeless veteran" defined

As used in this section, the term "homeless veteran" means a homeless individual who is a veteran within the meaning of section 101(2) of title 38.

(e) Authorization of appropriations

(1) There are authorized to be appropriated to carry out this section the following amounts:

(A) $10,000,000 for fiscal year 1993.

(B) $12,000,000 for fiscal year 1994.

(C) $14,000,000 for fiscal year 1995.

(2) Funds obligated for any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.

(Pub. L. 100–77, title VII, §738, July 22, 1987, 101 Stat. 530; Pub. L. 102–590, §11(a), Nov. 10, 1992, 106 Stat. 5141.)

Amendments

1992—Subsec. (e). Pub. L. 102–590 added subsec. (e).

§§11449, 11450. Omitted

Codification

Sections 11449 and 11450 terminated on Oct. 1, 1995, pursuant to former section 11450 of this title.

Section 11449, Pub. L. 100–77, title VII, §739, July 22, 1987, 101 Stat. 531; Pub. L. 100–628, title VII, §703(b), (c), Nov. 7, 1988, 102 Stat. 3246; Pub. L. 101–165, title IX, §9119(a), Nov. 21, 1989, 103 Stat. 1157; Pub. L. 101–645, title VI, §621(b), Nov. 29, 1990, 104 Stat. 4744; Pub. L. 102–590, §11(b)(1), Nov. 10, 1992, 106 Stat. 5141; Pub. L. 103–239, title VII, §701(a), May 4, 1994, 108 Stat. 605, authorized appropriations for this part.

Section 11450, Pub. L. 100–77, title VII, §741, July 22, 1987, 101 Stat. 532; Pub. L. 101–645, title VI, §621(c), Nov. 29, 1990, 104 Stat. 4744; Pub. L. 102–590, §11(b)(2), Nov. 10, 1992, 106 Stat. 5141; Pub. L. 103–239, title VII, §701(b), May 4, 1994, 108 Stat. 606, provided that this part, other than section 11448, would terminate on Oct. 1, 1995.

Part D—Emergency Community Services Homeless Grant Program

§11461. Establishment of program

The Secretary of Health and Human Services (in this part referred to as the "Secretary") shall carry out an emergency community services homeless grant program through the Office of Community Services of the Department of Health and Human Services.

(Pub. L. 100–77, title VII, §751, July 22, 1987, 101 Stat. 532.)

Section Referred to in Other Sections

This section is referred to in section 11472 of this title.

§11462. Allocation of grants

(a) General allocation procedure

From the amounts made available under this part, the Secretary shall make grants to States that administer programs under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). Such grants shall be allocated to the States (as defined in section 673 of such Act [42 U.S.C. 9902]) in accordance with the formulas set forth in subsections (a) and (b) ¹ of section 674 of such Act [42 U.S.C. 9903(a), (b)].

(b) Alternate allocation procedure

If a State does not apply for a grant or does not submit an approvable application for a grant under this part, the Secretary shall use the amounts made available under this part to make grants directly to agencies and organizations in such State in accordance with the criteria set forth in section 11463(b)(1) of this title.

(Pub. L. 100–77, title VII, §752, July 22, 1987, 101 Stat. 532; Pub. L. 100–628, title VII, §704(a), Nov. 7, 1988, 102 Stat. 3246.)

References in Text

The Community Services Block Grant Act, referred to in subsec. (a), is subtitle B (§§671–683) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified generally to chapter 106 (§9901 et seq.) of this title. Subsections (a) and (b) of section 674 of the Act were redesignated subsecs. (b) and (c), respectively, by Pub. L. 103–252, title II, §202(b)(1), May 18, 1994, 108 Stat. 651, and are classified to section 9903(b) and (c) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables.

Amendments

1988—Subsec. (a). Pub. L. 100–628 amended second sentence generally. Prior to amendment, second sentence read as follows: "Such grants shall be allocated to the States in accordance with the formula set forth in section 674(a)(1) of such Act (42 U.S.C. 9903(a)(1))."

¹ See References in Text note below.

§11463. Program requirements

(a) Application

In order to receive a grant under this part, a State shall submit an application to the Secretary in such form and at such time as the Secretary may require. Such application shall describe the agencies, organizations, and activities that the State intends to support with the amounts received.

(b) Assurances

In order to receive a grant under this part, a State shall ensure that—

(1) it will award not less than 95 percent of the amounts it receives, by not later than 60 days after such receipt, to—

(A) community action agencies that are eligible to receive amounts under section 675(c)(2)(A) of the Community Services Block Grant Act (42 U.S.C. 9904(c)(2)(A));

(B) organizations serving migrant and seasonal farmworkers; and

(C) any organization to which a State, that applied for and received a waiver from the Secretary under Public Law 98–139, made a grant under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) for fiscal year 1984; and

(2) no amount received under this part will be used to supplant other programs for homeless individuals administered by the State;

(3) not more than 5 percent of the amounts received under this part will be used to defray State administrative costs; and

(4) not more than 25 percent of the amounts received will be used for the purpose described in subsection (c)(4) of this section.

(c) Eligible use of funds

Amounts awarded under this part may be used only for the following purposes:

(1)(A) Expansion of comprehensive services to homeless individuals to provide follow-up and long-term services to enable homeless individuals to make the transition out of poverty.

(B) Renovation of buildings to be used to provide such services, except that not more than 50 percent of such amounts may be used for such purpose.

(2) Provision of assistance in obtaining social and maintenance services and income support services for homeless individuals.

(3) Promotion of private sector and other assistance to homeless individuals.

(4) Provision of assistance to any individual who has received a notice of foreclosure, eviction, or termination of utility services, if—

(A) the inability of the individual to make mortgage, rental, or utility payments is due to a sudden reduction in income;

(B) the assistance is necessary to avoid the foreclosure, eviction, or termination of utility services; and

(C) there is a reasonable prospect that the individual will be able to resume the payments within a reasonable period of time.

(5) Provision of, or referral to, violence counseling for homeless children and individuals, and the provision of violence counseling training to individuals who work with homeless children and individuals.

(d) Compliance with 60-day requirement

It shall be left solely to the discretion of the Secretary to enforce the 60-day requirement specified in subsection (b)(1)(A) of this section.

(Pub. L. 100–77, title VII, §753, July 22, 1987, 101 Stat. 532; Pub. L. 100–628, title VII, §704(b), (c), Nov. 7, 1988, 102 Stat. 3246; Pub. L. 101–645, title VI, §631(a), (b), Nov. 29, 1990, 104 Stat. 4746.)

References in Text

Public Law 98–139, referred to in subsec. (b)(1)(A)(iii), is Pub. L. 98–139, Oct. 31, 1983, 97 Stat. 871, known as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1984. For complete classification of this Act to the Code, see Tables.

The Community Services Block Grant Act, referred to in subsec. (b)(1)(A)(iii), is subtitle B (§§671–683) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified generally to chapter 106 (§9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables.

Amendments

1990—Subsec. (b). Pub. L. 101–645, §631(a), struck out subpar. (A) designation after "(1)", substituted "not less than 95 percent" for "all" in introductory provision of par. (1), redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, struck out former subpar. (B) which read as follows: "not less than 90 percent of the amounts received shall be awarded to such agencies and organizations that, as of January 1, 1987, are providing services to meet the critically urgent needs of homeless individuals;", and in par. (3), substituted "not more than 5 percent of the amounts" for "no amount".

Subsec. (c)(1). Pub. L. 101–645, §631(b)(1), designated existing provision as subpar. (A) and added subpar. (B).

Subsec. (c)(5). Pub. L. 101–645, §631(b)(2), added par. (5).

1988—Subsec. (b)(1)(A). Pub. L. 100–628, §704(c)(1), inserted ", by not later than 60 days after such receipt," after "receives" in introductory provisions.

Subsec. (b)(4). Pub. L. 100–628, §704(b)(2), added par. (4).

Subsec. (c)(4). Pub. L. 100–628, §704(b)(1), added par. (4).

Subsec. (d). Pub. L. 100–628, §704(c)(2), added subsec. (d).

Effective Date of 1990 Amendment

Section 631(d) of Pub. L. 101–645 provided that: "The amendments made by subsections (a) and (b) of this section [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Nov. 29, 1990]."

Section Referred to in Other Sections

This section is referred to in section 11462 of this title.

§11464. Authorization of appropriations

There are authorized to be appropriated to carry out this part $50,000,000 for each of fiscal years 1995, 1996, 1997, and 1998.

(Pub. L. 100–77, title VII, §754, July 22, 1987, 101 Stat. 533; Pub. L. 100–628, title VII, §704(d), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 101–645, title VI, §631(c), Nov. 29, 1990, 104 Stat. 4746; Pub. L. 103–252, title II, §206, May 18, 1994, 108 Stat. 656.)

Amendments

1994—Pub. L. 103–252, which directed amendment of the "last section of subtitle D of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11646)" by making technical correction to section designation in original act and by substituting "1995, 1996, 1997, and 1998" for "1991, 1992, and 1993", was executed by making amendment to this section, to reflect the probable intent of Congress.

1990—Pub. L. 101–645 amended section generally. Prior to amendment, section read as follows: "There is authorized to be appropriated to carry out this part $42,000,000 for each of the fiscal years 1989 and 1990."

1988—Pub. L. 100–628 amended section generally. Prior to amendment, section read as follows: "There are authorized to be appropriated to carry out this part $40,000,000 for each of the fiscal years 1987 and 1988."

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 208 of Pub. L. 103–252, set out as a note under section 9901 of this title.

§11465. Evaluation

(a) Purpose

It is the purpose of this section to develop as rapidly as practicable, information concerning the organization, impact and effectiveness of services provided to homeless individuals under programs administered by the Secretary of Health and Human Services under this chapter or any other Act, and of the effectiveness of the coordination of such programs with other Federal or Federally assisted programs that provide services to homeless individuals, or to those at risk of becoming homeless.

(b) Requirement for evaluation activities

In carrying out the purpose described in subsection (a) of this section, the Secretary shall conduct evaluations that shall include—

(1) the use of cost and utilization data collected under the Primary Health Care for the Homeless Program under section 340 of the Public Health Service Act [42 U.S.C. 256] to conduct an evaluation, in consultation with organizations receiving grants under this subchapter and with the national representatives of such organizations, of the impact of health, case management and referral services provided by a representative sample of grantees concerning client outcome;

(2) under part C of title V,¹ an evaluation of the need for and availability of services for individuals who are homeless or at risk of becoming homeless that have a serious mental illness or substance abuse problem, with special attention paid to the service needs of the dually diagnosed;

(3) an evaluation to identify and document replicable, community-wide programs that provide integrated, comprehensive services that result in service delivery models which prevent homelessness or lead to the successful relocation of the homeless into permanent housing; and

(4) an identification through the evaluation conducted under this subsection of those areas where services are lacking.

(Pub. L. 100–77, title VII, §755, as added Pub. L. 101–645, title VI, §641, Nov. 29, 1990, 104 Stat. 4746.)

References in Text

This subchapter, referred to in subsec. (b)(1), was in the original "this title", meaning title VII of Pub. L. 100–77, which enacted this subchapter and amended sections 1205 and 1207a of Title 20, Education, and sections 1503 and 1551 of Title 29, Labor.

The Public Health Service Act, referred to in subsec. (b)(1), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part C of title V, referred to in subsec. (b)(2), probably means part C of title V of the Public Health Service Act, which is classified generally to part C (§290cc–21 et seq.) of subchapter III–A of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

¹ See References in Text note below.

§11466. Report by Secretary

Not later than 12 months after November 29, 1990, the General Accounting Office shall conduct a study—

(1) of the extent to which Federal laws, regulations, or policies are hindering Federal facilities (such as cafeterias in the facilities of the Department of Defense and Department of Veterans' Affairs) from making available to programs or entities serving the homeless prepared food that is not consumed, and the issues of liability relating to the provision of such food; and

(2) prepare and submit, to the appropriate Committees of Congress, a report containing the findings made as a result of the study conducted under paragraph (1).

(Pub. L. 100–77, title VII, §756, as added Pub. L. 101–645, title VI, §641, Nov. 29, 1990, 104 Stat. 4747.)

Part E—Miscellaneous Provisions

§11471. Study of youth homelessness

(a) Authorization

The Secretary of Health and Human Services may make demonstration grants to a qualified applicant for a special research project to study the underlying causes of youth homelessness.

(b) Funding

The Secretary of Health and Human Services shall make available not to exceed $50,000 of the funds appropriated under section 626 of this title for fiscal year 1987 for the purpose of making a grant under this section.

(Pub. L. 100–77, title VII, §761, July 22, 1987, 101 Stat. 533.)

§11472. Set-asides for Native Americans

(a) In general

Not less than 1.5 percent of the funds provided under this subchapter for each of the following programs shall be allocated to Indian tribes:

(1) The job training demonstration program established in section 11441 ¹ of this title.

(2) The emergency community services homeless grant program established in section 11461 of this title.

(b) "Indian tribe" defined

For purposes of this section, the term "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), that is recognized by the Federal Government as eligible for special programs and services provided to Indians because of their status as Indians.

(Pub. L. 100–77, title VII, §762, July 22, 1987, 101 Stat. 533.)

References in Text

Section 11441 of this title, referred to in subsec. (a)(1), was omitted from the Code pursuant to former section 11450 of this title, which terminated section 11441 of this title on Oct. 1, 1993.

The Alaska Native Claims Settlement Act, referred to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

¹ See References in Text note below.

Part F—Family Support Centers

Part Referred to in Other Sections

This part is referred to in title 31 section 6703.

§11481. Definitions

As used in this part:

(1) Advisory council

The term "advisory council" means the advisory council established under section 11482(e)(2)(K) ¹ of this title.

(2) Eligible entity

The term "eligible entity" means State or local agencies, a Head Start agency, any community-based organization of demonstrated effectiveness as a community action agency under section 210 of the Economic Opportunity Act of 1984 ² (42 U.S.C. 2790), public housing agencies as defined in section 1437a(b)(6) of this title, State Housing Finance Agencies, local education agencies, an institution of higher education, a public hospital, a community development corporation, a private industry council as defined under section 1512(a) of title 29, a community health center, and any other public or private nonprofit agency or organization specializing in delivering social services.

(3) Family case managers

The term "family case managers" means advisers operating under the provisions of section 11484 of this title.

(4) Governmentally subsidized housing

The term "governmentally subsidized housing" means any rental housing that is assisted under any Federal, State or local program (including a tax credit or tax exempt financing program) and that serves a population that predominately consists of very low income families or individuals.

(5) Homeless

The term "homeless" has the same meaning given such term in the subsections (a) and (c) of section 11302 of this title.

(6) Intensive and comprehensive supportive services

The term "intensive and comprehensive supportive services" means—

(A) in the case of services provided to infants, children and youth, such services that shall be designed to enhance the physical, social, and educational development of such infants and children and that shall include, where appropriate ³ nutritional services, screening and referral services, child care services, early childhood development programs, early intervention services for children with, or at-risk of developmental delays, drop-out prevention services, after-school activities, job readiness and job training services, education (including basic skills and literacy services), emergency services including special outreach services targeted to homeless and runaway youth, crisis intervention and counseling services, and such other services that the Secretary may deem necessary and appropriate;

(B) in the case of services provided to parents and other family members, services designed to better enable parents and other family members to contribute to their child's healthy development and that shall include, where appropriate, substance abuse education, counseling, referral for treatment, crisis intervention, employment counseling and training as appropriate, life-skills training including personal financial counseling, education including basic skills and literacy services, parenting classes, training in consumer homemaking, and such other services as the Secretary shall deem necessary and appropriate;

(C) in the case of services provided by family case managers, needs assessment and support in accessing and maintaining appropriate public assistance and social services, referral for substance abuse counseling and treatment, counseling and crisis intervention, family advocacy services, and housing assistance activities, housing counseling and eviction or foreclosure prevention assistance and referral to sources of emergency rental or mortgage assistance payments and home energy assistance, and other services as appropriate.

(7) Low income

The term "low income" when applied to families or individuals means a family or individual income that does not exceed 80 percent of the median income for an individual or family in the area, as determined by the Secretary of Housing and Urban Development, except that such Secretary may establish income ceilings that are higher or lower than 80 percent of the median for the area on the basis of a finding by such Secretary that such variations are necessary because of prevailing levels of construction costs or unusually high or low individual or family incomes.

(8) Secretary

The term "Secretary" means the Secretary of Health and Human Services.

(9) Very low income

The term "very low income" when applied to families or individuals means a family or individual income that does not exceed 50 percent of the median income for an individual or family in the area, as determined by the Secretary, except that the Secretary may establish income ceilings that are higher or lower than 50 percent of the median for the area on the basis of a finding by the Secretary that such variations are necessary because of unusually high or low individual or family incomes.

(Pub. L. 100–77, title VII, §771, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4747.)

References in Text

Section 210 of the Economic Opportunity Act of 1984 (42 U.S.C. 2790), referred to in par. (2), probably means section 210 of the Economic Opportunity Act of 1964, Pub. L. 88–452, title II, Aug. 20, 1964, 78 Stat. 519, as amended, which was classified to section 2790 of this title and was repealed by Pub. L. 97–35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519.

¹ So in original. Probably should be section "11482(e)(2)(J)".

² See References in Text note below.

³ So in original. Probably should be followed by a comma.

§11482. General grants for provision of services

(a) Authority

The Secretary is authorized to make not more than 30 grants to eligible entities in rural, urban and suburban areas to pay the cost of demonstration programs designed to encourage the provision of intensive and comprehensive supportive services that will enhance the physical, social, and educational development of low-income individuals and families, especially those individuals in very low-income families who were previously homeless and who are currently residing in governmentally subsidized housing or who are at risk of becoming homeless. Such grants shall be of sufficient size, scope, and quality to be effective, and shall be distributed to various entities including those in or near public housing developments, and in low income areas both urban and nonurban.

(b) Gateway programs

The Secretary shall make available not more than 5 demonstration grants in each fiscal year for Gateway programs in accordance with section 11485 of this title.

(c) Agreements with eligible entities

The Secretary shall enter into contracts, agreements, or other arrangements with eligible entities to carry out the provisions of this section.

(d) Considerations by Secretary

In carrying out the provisions of this section, the Secretary shall consider—

(1) the capacity of the eligible entity to administer the comprehensive program for which assistance is sought;

(2) the proximity of the entities and facilities associated with the program to the low-income families to be served by the program or the ability of the entity to provide mobile or offsite services;

(3) the ability of the eligible entity to coordinate and integrate its activities with State and local public agencies (such as agencies responsible for education, employment and training, health and mental health services, substance abuse services, social services, child care, nutrition, income assistance, housing and energy assistance, and other relevant services), with public or private non-profit agencies and organizations that have a demonstrated record of effectiveness in providing assistance to homeless families, and with appropriate nonprofit private organizations involved in the delivery of eligible support services;

(4) fiscal and administrative management of the eligible entity;

(5) the involvement of project participants and community representatives in the planning and operation of the program to the extent practicable; and

(6) the availability and proximity of comparable services provided by Community Action Agencies unless the Community Action Agency is the applicant and intends to expand existing services.

(e) Requirements

(1) In general

Each eligible entity desiring to receive a grant under this section shall—

(A) have demonstrated effectiveness in providing or arranging for the provision of services such as those required under this section;

(B) to the maximum extent practicable, expand, coordinate, integrate, or contract with existing service providers, and avail itself of other resource and reimbursement mechanisms that may be used to provide services; and

(C) submit an application at such time in such manner and containing or accompanied by such information, including the information required under paragraph (2), as the Secretary shall reasonably require.

(2) Application

Each application submitted under paragraph (1)(C) shall—

(A) identify the population and geographic location to be served by the program;

(B) provide assurances that services are closely related to the identifiable needs of the target population;

(C) provide assurances that each program will provide directly or arrange for the provision of intensive and comprehensive supportive services;

(D) identify the referral providers, agencies, and organizations that the program will use;

(E) describe the method of furnishing services at offsite locations, if appropriate;

(F) describe the manner in which the services offered will be accessed through existing program providers to the extent that they are located in the immediate vicinity of the target population, or will contract with such providers for community-based services within the community to be served, and that funds provided under this section will be utilized to create new services only to the extent that no other funds can be obtained to fulfill the purpose.¹

(G) describe how the program will relate to the State and local agencies providing assistance to homeless families, or providing health, nutritional, job training, education, housing and energy assistance, and income maintenance services;

(H) describe the collection and provision of data on groups of individuals and geographic areas to be served, including types of services to be furnished, estimated cost of providing comprehensive services on an average per user basis, types and natures of conditions and needs to be identified and assisted, and such other information as the Secretary requires;

(I) describe the manner in which the applicant will implement the requirement of section 11483 of this title;

(J) provide for the establishment of an advisory council that shall provide policy and programming guidance to the eligible entity, consisting of not more than 15 members that shall include—

(i) participants in the programs, including parents;

(ii) representatives of local private industry;

(iii) individuals with expertise in the services the program intends to offer;

(iv) representatives of the community in which the program will be located;

(v) representatives of local government social service providers;

(vi) representatives of local law enforcement agencies;

(vii) representatives of the local public housing agency, where appropriate; and

(viii) representatives of local education providers;

(K) describe plans for evaluating the impact of the program;

(L) include such additional assurances, including submitting necessary reports, as the Secretary may reasonably require;

(M) contain an assurance that if the applicant intends to assess fees for services provided with assistance under this section, such fees shall be nominal in relation to the financial situation of the recipient of such services; and

(N) contain an assurance that amounts received under a grant awarded under this section shall be used to supplement not supplant Federal, State and local funds currently utilized to provide services of the type described in this section.

(f) Administrative provisions

(1) Administrative costs

Two percent of the amounts appropriated under this subchapter may be used by the Secretary to administer the programs established under this subchapter and three percent of the amounts appropriated under this subchapter may be used by the Secretary to evaluate such programs and to provide technical assistance to entities for the development and submission of applications for grants under this section.

(2) Limitation

Not more than 30 grants may be made under this part.

(3) Amount of grants

No grant made under this part may exceed $2,500,000 per year nor more than a total of $4,000,000 for 3 years. Funds received under such grants shall remain available until expended.

(4) Minimum amount

No grant made under subsection (a) of this section may be awarded in an amount that is less than $200,000 per year.

(g) Family support centers

Each program that receives assistance under this section shall establish one or more family support centers that operate—

(1) in or near the immediate vicinity of governmentally subsidized housing;

(2) in urban poverty areas; or

(3) in non-urban poverty areas.

Such centers shall be the primary location for the administration of the programs and the provision of services under this subchapter.

(Pub. L. 100–77, title VII, §772, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4749; amended Pub. L. 103–382, title III, §370(a), Oct. 20, 1994, 108 Stat. 3976.)

References in Text

This subchapter, referred to in subsecs. (f)(1) and (g), was in the original "this title", meaning title VII of Pub. L. 100–77, which enacted this subchapter and amended sections 1205 and 1207a of Title 20, Education, and sections 1503 and 1551 of Title 29, Labor.

Amendments

1994—Subsec. (f)(1). Pub. L. 103–382, §370(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Two percent of the amounts appropriated under this subchapter may be used by the Secretary to administer and evaluate the program established under this subchapter and to provide technical assistance to entities for the development and submission of applications for grants under this section."

Subsec. (f)(3). Pub. L. 103–382, §370(a)(2), substituted "3 years" for "2 years".

Subsec. (f)(4). Pub. L. 103–382, §370(a)(3), added par. (4).

Section Referred to in Other Sections

This section is referred to in sections 11481, 11483, 11484, 11485, 11486 of this title.

¹ So in original. The period probably should be a semicolon.

§11483. Training and retention

The Secretary shall require that entities that receive a grant under section 11482 of this title use not more than 7 percent of such grant to improve the retention and effectiveness of staff and volunteers.

(Pub. L. 100–77, title VII, §773, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4752.)

Section Referred to in Other Sections

This section is referred to in section 11482 of this title.

§11484. Family case managers

(a) Requirement

Each entity that receives a grant under section 11482 of this title shall employ, subject to subsection (d) of this section, an appropriate number of individuals with expertise in the provision of intensive and comprehensive supportive services to serve as family case managers for the program.

(b) Needs assessment

Each low-income family that desires to receive services from a program that receives assistance under this part shall be assessed by a family case manager on such family's initial visit to such program as to their need for services.

(c) Continuing functions

Family case managers shall formulate a service plan based on a needs assessment for each family. Such case manager shall carry out such plan, and remain available to provide such family with counseling and referral services, to enable such family to become self-sufficient. In carrying out such plan the case manager shall conduct monitoring, tracking, and follow-up activities, as appropriate.

(d) Limitation

Each family case manager shall have a caseload that is of a sufficiently small size so as to permit such manager to effectively manage the delivery of comprehensive services to those families assigned to such manager.

(Pub. L. 100–77, title VII, §774, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4752; amended Pub. L. 103–382, title III, §370(d), Oct. 20, 1994, 108 Stat. 3977.)

Amendments

1994—Subsec. (a). Pub. L. 103–382 substituted "subsection (d)" for "subsection (e)".

Section Referred to in Other Sections

This section is referred to in section 11481 of this title.

§11485. Gateway programs

(a) In general

The Secretary shall use amounts made available in accordance with section 11482(b) of this title to make not more than 5 demonstration grants to local education agencies who, in consultation with the local public housing authority and private industry council, agree to provide on-site education, training and necessary support services to economically disadvantaged residents of public housing.

(b) Selection of grant recipients

The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall select a local education agency to receive a grant under subsection (a) of this section if such agency has cooperated with the local public housing authority in order to meet the following requirements:

(1) The local education agency shall demonstrate to the Secretary that training and ancillary support services will be accessed through existing program providers to the extent that they are located in the immediate vicinity of the public housing development, or will contract with such providers for on-site service delivery, and that funds provided under this section will be utilized to purchase such services only to the extent that no other funds can be obtained to fulfill the purpose.

(2) The public housing agency shall agree to make available suitable facilities in the public housing development for the provision of education, training and support services under this section.

(3) The local education agency shall demonstrate that the recipients of service have been recruited with the assistance of the public housing authority and are eligible individuals in accordance with the priorities established in subsection (c) of this section.

(4) The local education agency shall demonstrate the ability to coordinate the services provided in this section with other services provided, with the public housing development and private industry council as well as with other public and private agencies and community-based organizations of demonstrated effectiveness providing similar and ancillary services to the target population.

(5) The local education agency shall demonstrate that they have, to the fullest extent practicable, attempted to employ residents of the public housing development to carry out the purposes of this section whenever qualified residents are available.

(c) Individuals eligible for services

Local education agencies receiving grants under this section shall target participation in the training and services provided under such grants to individuals who—

(1) reside in public housing;

(2) are economically disadvantaged; and

(3) have encountered barriers to employment because of basic skills deficiency including not having a high school diploma, GED, or the equivalent.

(d) Priority

Local education agencies providing services under this section shall give priority to single heads of households with young dependent children.

(e) Mandatory services

Any local education agency that receives a grant under this section shall establish a Gateway program to provide—

(1) outreach and information services designed to make eligible individuals aware of available services;

(2) literacy and bilingual education services, where appropriate;

(3) remedial education and basic skills training;

(4) employment training and personal management skill development or referrals for such services; and

(5) child care or dependent care for dependents of eligible individuals during those times, including afternoons and evenings, when training services are being provided.

To the extent practicable, child care or dependent care services shall be designed to employ public housing residents after appropriate training.

(f) Permissive services

Local education agencies receiving grants under this section may make available, as part of their Gateway programs—

(1) pre-employment skills training;

(2) employment counseling and application assistance;

(3) job development services;

(4) job training;

(5) Federal employment-related activity services;

(6) completion of high school or GED program services;

(7) transitional assistance, including child care for up to 6 months to enable such individual to successfully secure unsubsidized employment;

(8) substance abuse prevention and education; and

(9) other support services that the Secretary deems to be appropriate.

(Pub. L. 100–77, title VII, §775, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4752.)

Section Referred to in Other Sections

This section is referred to in section 11482 of this title.

§11486. Evaluation

(a) In general

The Secretary shall contract for an independent evaluation of the programs and entities that receive assistance under this subchapter. Such evaluation shall be complete not later than the date that is 15 months after the date on which the first grants are awarded under this subchapter.

(b) Matter to be evaluated

The evaluation conducted under subsection (a) of this section shall examine the degree to which the programs receiving assistance under this subchapter have fulfilled the objectives included in the application in accordance with section 11432(e)(2) ¹ of this title in—

(1) enhancing the living conditions in low income housing and in neighborhoods;

(2) improving the physical, social and educational development of low income children and families served by the program;

(3) achieving progress towards increased potential for independence and self-sufficiency among families served by the program;

(4) the degree to which the provision of services is affected by caseload size;

(5) promoting increases in literacy levels and basic employment skills among residents of public housing developments served by grants under section 11486 ² of this title; and

(6) such other factors that the Secretary may reasonably require.

(c) Information

Each eligible entity receiving a grant under this part shall furnish information requested by evaluators in order to carry out this section.

(d) Results

The results of such evaluation shall be provided by the Secretary to the eligible entities conducting the programs to enable such entities to improve such programs.

(Pub. L. 100–77, title VII, §776, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4754.)

Section Referred to in Other Sections

This section is referred to in section 11487 of this title.

¹ So in original. Probably should be section "11482(e)(2)".

² So in original. Probably should be section "11485".

§11487. Report

Not later than July 1, 1995, the Secretary shall prepare and submit, to the Committee on Education and Labor,¹ of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report—

(1) concerning the evaluation required under section 11486 of this title;

(2) providing recommendations for replicating grant programs, including identifying the geographic and demographic characteristics of localities where this service coordination and delivery system may prove effective;

(3) describing any alternative sources of funding utilized or available for the provision of services of the type described in this part; and

(4) describing the degree to which entities are coordinating with other existing programs.

(Pub. L. 100–77, title VII, §777, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4754; amended Pub. L. 103–382, title III, §370(b), Oct. 20, 1994, 108 Stat. 3977.)

Amendments

1994—Pub. L. 103–382 substituted "1995" for "1992".

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

¹ So in original. The comma probably should not appear.

§11488. Construction

Nothing in this part shall be construed to modify the Federal selection preferences described in section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) or the authorized policies and procedures of governmental housing authorities operating under annual assistance contracts pursuant to such Act [42 U.S.C. 1437 et seq.] with respect to admissions, tenant selection and evictions.

(Pub. L. 100–77, title VII, §778, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4755.)

References in Text

The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to chapter 8 (§1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

§11489. Authorization of appropriations

There are authorized to be appropriated to carry out this part, $50,000,000 for fiscal year 1991, $55,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1998.

(Pub. L. 100–77, title VII, §779, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4755; amended Pub. L. 103–382, title III, §370(c), Oct. 20, 1994, 108 Stat. 3977.)

Amendments

1994—Pub. L. 103–382 substituted "for each of the fiscal years 1993 through 1998" for "for fiscal year 1993".