Sec. 305. Requirements
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/bill/119/hr/4457/ih/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, in the case of any grant made using amounts made available by this Act to any recipient that is a governmental unit, non-Federal supplemental or matching funding shall not be required for such grant if such recipient demonstrates to the satisfaction of the Secretary that— assistance using such grant amounts will be provided in accordance with a Housing First strategy for addressing homelessness in the area in which the assistance is used; the recipient has created and implemented a formal plan to cease to penalize homelessness; the recipient has established a formal plan to identify and address structural and implicit bias in implementation of programs funded under this Act that specifically addresses potential bias towards members of groups identified a population at higher risk of homelessness, as such term is defined in section 2 of this Act; the recipient has established a formal plan to facilitate issuance and replacement of personal identification documents issued by the recipient for persons who are homeless or housing-unstable; in the case of any recipient that administers elections, the recipient has established a plan to ensure that persons who are homeless or housing-unstable are not prevented from voting due to irregular or non-existent addresses or other similar barriers; and the recipient has procedures in effect for interacting with the property of homeless persons that— require a minimum of three days prior notice shall be given before property is moved or disposed of; provide a plan that safeguards any item that is not clearly trash for a minimum of 30 days; and allow persons experiencing homelessness to easily retrieve their possessions.
Assistance made available under this Act may not be provided to any governmental unit unless such unit demonstrates, to the satisfaction of the Secretary, that such entity has in effect, or is actively working toward implementing, policies, regulations, or other requirements sufficient to ensure the following within the jurisdiction of such entity: Any law that imposes a criminal punishment on a person or groups of persons who are homeless, or who has no other place to go, for sleeping outside or on public property is not being enforced.
Effective procedures are in effect for interacting with the property of homeless persons that comply with due process protections of the 14th Amendment to the Constitution of the United States. Assistance made available under this Act may not be provided to any entity that is not a governmental unit unless such entity demonstrates to the satisfaction of the Secretary that— such entity has in effect, or is actively working toward implementing, a procedure that provides for regular community participation, comment, feedback, and guidance on the activities and performance in serving homeless, housing-unstable, and cost-burdened individuals and households; and in the case of any entity that in any fiscal year receives more than $1,000,000 from amounts made available under this Act, all personnel carrying out activities assisted with amounts made available under this Act whose responsibilities involve regular contact with homeless, housing-unstable, or cost-burdened individuals or households, or who have management positions overseeing personnel in regular contact with homeless, housing-unstable, or cost-burdened individuals or households, are adequately trained regarding harm reduction, de-escalation techniques, trauma-informed care, implicit bias, cultural competency, and disability rights.
Assistance made available under this Act may not be provided to any entity, whether a governmental unit or a non-governmental entity, unless such entity demonstrates to the satisfaction of the Secretary that such entity has in effect a written non-discrimination policy that— prohibits discrimination against persons in all classes provided protection against discrimination under Federal law; and explicitly prohibits discrimination based on the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.