123STA T . 1 69 3 PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (i)FORMULA.—Suchest i ma te dgr a n tam o unts sha l l b e determined b y a f ormula ,w hich shall be de v el - o p ed by the Secretary, by regulation, not later than the e x piration of the 2 -year period beginning upon the date of the enactment of the H omeless E mergency A ssistance and R apid T ransition to Housing Act of 2 0 0 9 , that is based upon factors that are appropriate to allocate funds to meet the goals and ob j ectives of this subtitle. ‘‘(ii) C OM BIN A T ION S OR C ONSORTIA.—For a collabo- rative applicant that represents a combination or consortium of cities or counties, the estimated need amount shall be the sum of the estimated need amounts for the cities or counties represented by the collaborative applicant. ‘‘(iii) AUT H ORIT Y O F S E CRETARY.—Subject to the availability of appropriations, the Secretary shall increase the estimated need amount for a geographic area if necessary to provide 1 year of renewal funding for all expiring contracts entered into under this sub- title for the geographic area. ‘‘( 3 ) HOMELESSNESS COUNTS.—The Secretary shall not re q uire that communities conduct an actual count of homeless people other than those described in paragraphs (1) through ( 4 ) of section 103(a) of this Act (42 U .S.C. 11302(a)). ‘‘(c) A DJ USTMENTS.—The Secretary may adjust the formula described in subsection (b)(2) as necessary— ‘‘(1) to ensure that each collaborative applicant has suffi- cient funding to renew all qualified projects for at least one year
and ‘‘(2) to ensure that collaborative applicants are not discour- aged from replacing renewal projects with new projects that the collaborative applicant determines will better be able to meet the purposes of this Act. ‘ ‘ SEC.428 . AL L O CA TI O N O F A M O U NTS AN D INCENTI V ES FO R S P ECIFIC ELI G I B LE ACTIVITIES. ‘‘(a) M INIMUM ALLOCATION FOR P ERMANENT HOUSIN G FOR HOMELESS I NDI V IDUALS AND FAMILIES W ITH D ISABILITIES.— ‘‘(1) IN GENERAL.—From the amounts made available to carry out this subtitle for a fiscal year, a portion equal to not less than 30 percent of the sums made available to carry out subtitle B and this subtitle, shall be used for permanent housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult or a minor head of household if no adult is present in the house- hold. ‘‘(2) CALCULATION.—In calculating the portion of the amount described in paragraph (1) that is used for activities that are described in paragraph (1), the Secretary shall not count funds made available to renew contracts for existing projects under section 429. ‘‘(3) ADJUSTMENT.—The 30 percent figure in paragraph (1) shall be reduced proportionately based on need under section 42 7 (b)(2) in geographic areas for which subsection (e) applies in regard to subsection (d)(2)(A). Ap p licab ili ty.42USC1 1 386 b. C on t r act s . Regu lations. D ea d line. T i m e period.
