123STA T . 1 675PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ SEC.402 .C OL L AB O R A TIV EA P PLICA N TS. ‘ ‘ (a)ESTABLI S HMEN TAN DD ESI G NATI O N .—Acol la b o r a tive a p plica n t sh all be establishe df ora g eographic area b y the relevant parties in that geographic area to— ‘‘( 1 )s u b m it an application for amounts under this subtitle
and ‘‘( 2 ) perform the duties specified in subsection (f) and , if applicable, subsection (g). ‘‘(b) N O R E QU I R EMENT T O B EA L EGAL ENTIT Y .—An entity may be established to serve as a collaborative applicant under this section w ithout being a legal entity. ‘‘(c) REMEDIAL A C TION.— I f the S ecretary finds that a collabo - rative applicant for a geographic area does not meet the re q uire- ments of this section, or if there is no collaborative applicant for a geographic area, the Secretary may ta k e remedial action to ensure fair distribution of grant amounts under subtitle C to eligible enti- ties within that area. Such measures may include designating another body as a collaborative applicant, or permitting other eligible entities to apply directly for grants. ‘‘(d) CONSTRUCTION.—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 subtitles B and C. ‘‘(e) A P POINTMENT O F AGENT.— ‘‘(1) IN GENERAL.—Sub j ect to paragraph (2), a collaborative applicant may designate an agent to— ‘‘(A) apply for a grant under section 4 22(c); ‘‘(B) receive and distribute grant funds awarded under subtitle C; and ‘‘(C) perform other administrative duties. ‘‘(2) RETENTION OF DUTIES.—Any collaborative applicant that designates an agent pursuant to paragraph (1) shall regardless of such designation retain all of its duties and responsibilities under this title. ‘‘(f) DUTIES.—A collaborative applicant shall— ‘‘(1) design a collaborative process for the development of an application under subtitle C, and for evaluating the outcomes of projects for which funds are awarded under subtitle B, in such a manner as to provide information necessary for the Secretary— ‘‘(A) to determine compliance with— ‘‘(i) the program requirements under section 42 6
and ‘‘(ii) the selection criteria described under section 42 7
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‘‘(B) to establish priorities for funding projects in the geographic area involved; ‘‘(2) participate in the Consolidated P lan 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 ‘ HM IS ’ ) that— ‘‘(A) collects unduplicated counts of individuals and families e x periencing homelessness; ‘‘(B) analy z es patterns of use of assistance provided under subtitles B and C for the geographic area involved; 42USC1 1 360a.
