42 U.S. Code § 11360a - Collaborative applicants
(a) Establishment and designation
A collaborative applicant shall be established for a geographic area by the relevant parties in that geographic area to—
(b) No requirement to be a legal entity
An entity may be established to serve as a collaborative applicant under this section without being a legal entity.
(c) Remedial action
If the Secretary finds that a collaborative applicant for a geographic area does not meet the requirements of this section, or if there is no collaborative applicant for a geographic area, the Secretary may take remedial action to ensure fair distribution of grant amounts under part C to eligible entities within that area. Such measures may include designating another body as a collaborative applicant, or permitting other eligible entities to apply directly for grants.
Nothing in this section shall be construed to displace conflict of interest or government fair practices laws, or their equivalent, that govern applicants for grant amounts under parts B and C.
(e) Appointment of agent
(1) In general
Subject to paragraph (2), a collaborative applicant may designate an agent to—
A collaborative applicant shall—
(1) design a collaborative process for the development of an application under part C, and for evaluating the outcomes of projects for which funds are awarded under part B, in such a manner as to provide information necessary for the Secretary—
(A) to determine compliance with—
(i) the program requirements under section 11386 of this title; and
(ii) the selection criteria described under section 11386a of this title; and
(2) participate in the Consolidated Plan for the geographic area served by the collaborative applicant; and
(3) ensure operation of, and consistent participation by, project sponsors in a community-wide homeless management information system (in this subsection referred to as “HMIS”) that—
(B) analyzes patterns of use of assistance provided under parts B and C for the geographic area involved;
(C) provides information to project sponsors and applicants for needs analyses and funding priorities; and
(D) is developed in accordance with standards established by the Secretary, including standards that provide for—
(ii) documentation, including keeping an accurate accounting, proper usage, and disclosure, of HMIS data;
(g) Unified funding
(1) In general
In addition to the duties described in subsection (f), a collaborative applicant shall receive from the Secretary and distribute to other project sponsors in the applicable geographic area funds for projects to be carried out by such other project sponsors, if—
(A) the collaborative applicant—
(i) applies to undertake such collection and distribution responsibilities in an application submitted under this part; and
(B) the Secretary designates the collaborative applicant as the unified funding agency in the geographic area, after—
(i) a finding by the Secretary that the applicant—
(2) Required actions by a unified funding agency
A collaborative applicant that is either selected or designated as a unified funding agency for a geographic area under paragraph (1) shall—
(A) require each project sponsor who is funded by a grant received under part C to establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds awarded to the project sponsor under part C in order to ensure that all financial transactions carried out under part C are conducted, and records maintained, in accordance with generally accepted accounting principles; and
Source(Pub. L. 100–77, title IV, § 402, as added Pub. L. 111–22, div. B, title I, § 1102,May 20, 2009, 123 Stat. 1674.)
References in Text
This chapter, referred to in subsec. (g)(1)(B)(i)(II), was in the original “this Act”, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
A prior section 402 ofPub. L. 100–77was renumbered section 406 and is classified to section 11362 of this title.