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.)