§11364a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Money that is recovered from HUD’s Homeless Assistance Grants must be kept available to spend, but no later than the end of the fifth fiscal year after the last year the money was available. These recovered funds are added to any earlier recovered rental-assistance money and to other funds for the same uses. The money can pay for grants under the Continuum of Care program, grants under the Emergency Solutions Grant program, at least 10 percent must go only to rural Continuum of Care grants (including certain Rural Housing Stability Assistance activities not otherwise covered), and at least 10 percent must go to emergency solutions grants for disaster areas as described below. Before using any recovered funds, the HUD Secretary must send a plan showing how the money will be used to the House and Senate Appropriations Committees and get their written approval. The disaster-area emergency grants may start once the plan is submitted. HUD may make Emergency Solutions Grants to states or local governments for needs after a major disaster declared on or after December 20, 2019, when other federal disaster programs (including Transitional Sheltering Assistance) do not meet those needs, and HUD may waive consultation, public input, and matching rules for those grants.

Title 42, §11364a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Amounts recaptured from funds appropriated for this or any succeeding fiscal year under the heading “Department of Housing and Urban Development—Community Planning and Development—Homeless Assistance Grants” shall become available until expended not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available and shall be available, in addition to rental assistance amounts that were recaptured and made available until expended under such heading by any prior Act, and in addition to such other funds as may be available for such purposes, for the following purposes:

(1)For grants under the Continuum of Care program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.);

(2)For grants under the Emergency Solutions Grant program under subtitle B of title IV of such Act (42 U.S.C. 11371 et seq.);

(3)Not less than 10 percent of the amounts shall be used only for grants in rural areas under the Continuum of Care program, to include activities eligible under the Rural Housing Stability Assistance program under section 491 of such Act (42 U.S.C. 11408) that are not otherwise eligible under the Continuum of Care program; and

(4)Not less than 10 percent of the amounts shall be for emergency solutions grants for disaster areas as authorized by subsection (c).

(b)Prior to the use of any recaptured amounts referred to in subsection (a), including competing, awarding, or obligating such amounts, the Secretary shall submit a plan in accordance with subsection (a) that specifies the planned use of any such amounts to the Committees on Appropriations of the House of Representatives and the Senate, and receive prior written approval of such plan, except that use of amounts in the plan for the purposes specified in subsection (a)(4) may begin once such plan is submitted to such Committees.

(c)(1)The Secretary may make grants under the Emergency Solutions Grants program under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) to States or local governments to address the needs of homeless individuals or families or individuals or families at risk of homelessness in areas affected by a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after December 20, 2019, whose needs are not otherwise served or fully met by existing Federal disaster relief programs, including the Transitional Sheltering Assistance program under such Act (42 U.S.C. 5170b).

(2)For purposes of grants under paragraph (1), the Secretary may suspend all consultation, citizen participation, and matching requirements.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The McKinney-Vento Homeless Assistance Act, referred to in subsecs. (a)(1), (2) and (c)(1), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title IV of the Act is classified generally to part B (§ 11371 et seq.) of this subchapter. Subtitle C of title IV of the Act is classified generally to part C (§ 11381 et seq.) of this subchapter. For complete classification of this Act to the Code, see

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note set out under section 11301 of this title and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 5121 of this title and Tables. Codification Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2020, and also as part of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2020, and the Further Consolidated Appropriations Act, 2020, and not as part of the McKinney-Vento Homeless Assistance Act which comprises this chapter.

§11364a Availability of Amounts Recaptured From Appropriated Funds

Summary

Title 42, §11364a

Notes & Related Subsidiaries

Editorial Notes

References in Text

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