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42 U.S.C. § 11376 — Administrative provisions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11376 — Administrative provisions

**(a) Regulations** Not later than 60 days after July 22, 1987, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this part. Such requirements shall be subject to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). The Secretary shall issue requirements based on the initial notice before the expiration of the 12-month period following July 22, 1987. Prior to the issuance of such requirements in final form, the requirements established by the Secretary implementing the provisions of the emergency shelter grants program under the provisions made effective by section 101(g) of Public Law 99–500 or Public Law 99–591 shall govern the emergency shelter grants program under this part. **(b) Initial allocation of assistance** Not later than the expiration of the 60-day period following the date of enactment of a law providing appropriations to carry out this part, the Secretary shall notify each State, metropolitan city, and urban county that is to receive a direct grant of its allocation of assistance under this part. Such assistance shall be allocated and may be used notwithstanding any failure of the Secretary to issue requirements under subsection (a). **(c) Minimum standards of habitability** The Secretary shall prescribe such minimum standards of habitability as the Secretary determines to be appropriate to ensure that emergency shelters assisted under this section are environments that provide appropriate privacy, safety, and sanitary and other health-related conditions for homeless persons and families. Grantees are authorized to establish standards of habitability in addition to those prescribed by the Secretary.

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Source file: Laws/federal/codes/united-states-code/title-42/section-11376-administrative-provisions--41d72048a9.md
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Source location: Title 42, Chapter 119, § 11376; chapter-119-homeless-assistance.md

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**(a) Regulations** Not later than 60 days after July 22, 1987, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this part. Such requirements shall be subject to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). The Secretary shall issue requirements based on the initial notice before the expiration of the 12-month period following July 22, 1987. Prior to the issuance of such requirements in final form, the requirements established by the Secretary implementing the provisions of the emergency shelter grants program under the provisions made effective by section 101(g) of Public Law 99–500 or Public Law 99–591 shall govern the emergency shelter grants program under this part. **(b) Initial allocation of assistance** Not later than the expiration of the 60-day period following the date of enactment of a law providing appropriations to carry out this part, the Secretary shall notify each State, metropolitan city, and urban county that is to receive a direct grant of its allocation of assistance under this part. Such assistance shall be allocated and may be used notwithstanding any failure of the Secretary to issue requirements under subsection (a). **(c) Minimum standards of habitability** The Secretary shall prescribe such minimum standards of habitability as the Secretary determines to be appropriate to ensure that emergency shelters assisted under this section are environments that provide appropriate privacy, safety, and sanitary and other health-related conditions for homeless persons and families. Grantees are authorized to establish standards of habitability in addition to those prescribed by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11361 — Housing affordability strategy

Assistance may be made under this subchapter only if the grantee certifies that it is following— (1) a consolidated plan which has been approved by the Secretary in accordance with [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim) (referred to in such section as a “comprehensive housing affordability strategy”), or (2) a comprehensive homeless assistance plan which was approved by the Secretary during the 180-day period beginning on November 28, 1990, or during such longer period as may be prescribed by the Secretary in any case for good cause.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11361

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11377 — Repealed. Pub. L. 111–22, div. B, title II, § 1201(2), May 20, 2009, 123 Stat. 1678

### Statutory Notes Section, Pub. L. 100–77, title IV, § 417, July 22, 1987, 101 Stat. 498; Pub. L. 100–628, title IV, § 425, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(a), Nov. 28, 1990, 104 Stat. 4359; Pub. L. 102–550, title XIV, § 1402(a), Oct. 28, 1992, 106 Stat. 4012, authorized appropriations for fiscal years 1993 and 1994. #### Effective Date of Repeal Repeal effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under [section 11302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11377

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11371 — Definitions

For purposes of this part: (1) The term “local government” means a unit of general purpose local government. (2) The term “locality” means the geographical area within the jurisdiction of a local government. (3) The term “metropolitan city” has the meaning given such term in [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5302&num=0&edition=prelim). (4) The term “operating costs” means expenses incurred by a recipient operating a facility assisted under this part with respect to— (A) the administration, maintenance, repair, and security of such housing; and (B) utilities, fuels, furnishings, and equipment for such housing. (5) The term “private nonprofit organization” means a secular or religious organization described in [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim) that is exempt from taxation under subtitle A of title 26, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance. (6) The term “recipient” means any governmental or private nonprofit entity that is approved by the Secretary as to financial responsibility. (7) The term “Secretary” means the Secretary of Housing and Urban Development. (8) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (9) The term “urban county” has the meaning given such term in [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5302&num=0&ed

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11371

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4101 — Review and audit by Secretary

**(a) Annual review** (1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether— (A) the Director has— (i) carried out eligible activities under this subchapter in a timely manner; (ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and (iii) a continuing capacity to carry out the eligible activities in a timely manner; (B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and (C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate. (2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development. **(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department. **(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11375 — Responsibilities of recipients

**(a) Matching amounts** (1) Except as provided in paragraph (2), each recipient under this part shall be required to supplement the assistance provided under this part with an equal amount of funds from sources other than this part. Each recipient shall certify to the Secretary its compliance with this paragraph, and shall include with such certification a description of the sources and amounts of such supplemental funds. (2) Each recipient under this part that is a State shall be required to supplement the assistance provided under this part with an amount of funds from sources other than this part equal to the difference between the amount received under this part and $100,000. If the amount received by the State is $100,000 or less, the State may not be required to supplement the assistance provided under this part. (3) In calculating the amount of supplemental funds provided by a recipient under this part, a recipient may include the value of any donated material or building, the value of any lease on a building, any salary paid to staff to carry out the program of the recipient, and the value of the time and services contributed by volunteers to carry out the program of the recipient at a rate determined by the Secretary. **(b) Administration of assistance** Each recipient shall act as the fiscal agent of the Secretary with respect to assistance provided to such recipient. **(c) Certifications on use of assistance** Each recipient shall certify to the Secretary that— (1) it will— (A) in the case of assistance involving major rehabilitation or conversion, maintain any building for which assistance is used under this part as a shelter for homeless individuals and families for not less than a 10-year period; (B) in the case of assistance involving rehabil

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11375

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11376 — Administrative provisions

Page 8159 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11376 program requirements, the recipient may termi- nate assistance in accordance with a formal process established by the recipient that recog- nizes the rights of individuals affected, which may include a hearing. (f) Participation in HMIS The Secretary shall ensure that recipients of funds under this part ensure the consistent par- ticipation by emergency shelters and homeless- ness prevention and rehousing programs in any applicable community-wide homeless manage- ment information system. (Pub. L. 100–77, title IV, § 416, formerly § 415, July 22, 1987, 101 Stat. 497; Pub. L. 100–628, title IV, § 424, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(e)(1), (2), (h), Nov. 28, 1990, 104 Stat. 4360, 4362; Pub. L. 102–550, title XIV, § 1402(b)–(d), Oct. 28, 1992, 106 Stat. 4012, 4013; Pub. L. 104–330, title V, § 506(a)(5), Oct. 26, 1996, 110 Stat. 4044; renumbered § 416 and amended Pub. L. 111–22, div. B, title II, §§ 1201(3), 1203, May 20, 2009, 123 Stat. 1678, 1680.) Editorial Notes REFERENCES IN TEXT Section 11374 of this title, referred to in subsec. (c)(1)(C), was in the original a reference to section 414, meaning section 414 of Pub. L. 100–77, which has been translated as reading section 415 of Pub. L. 100–77 to re- flect the probable intent of Congress and the renum- bering of section 414 of Pub. L. 100–77 as section 415 by Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678. PRIOR PROVISIONS A prior section 416 of Pub. L. 100–77 was renumbered section 417 and is classified to section 11376 of this title. AMENDMENTS 2009—Subsec. (f). Pub. L. 111–22, § 1203, added subsec. (f). 1996—Subsec. (c)(4). Pub. L. 104–330 struck out ‘‘Indian tribes,’’ af

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11376

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