42 U.S.C. § 11373 — Allocation and distribution of assistance

Page 8156 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11373 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 sec- tion 11302 of this title. § 11373. Allocation and distribution of assistance (a) In general The Secretary shall allocate assistance under this part to metropolitan cities, urban counties, and States (for distribution to local govern- ments and private nonprofit organizations in the States) in a manner that ensures that the percentage of the total amount available under this part for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for section 5306 of this title for such prior fiscal year that is allocated to such State, metropolitan city, or urban county. (b) Minimum allocation requirement If, under the allocation provisions applicable under this part, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated under sec- tion 11364 of this title and made available to carry out this part for any fiscal year, such amount shall instead be reallocated to the State, except that any city that is located in a State that does not have counties as local gov- ernments, that has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation, and that was al- located in excess of $1,000,000 in community de- velopment block grant funds in fiscal year 1987, shall receive directly the amount allocated to such city under subsection (a). (c) Distributions to nonprofit organizations, pub- lic housing agencies, and local redevelop- ment authorities Any local government receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organiza- tions providing assistance to homeless individ- uals, to public housing agencies (as defined under section 1437a(b)(6) of this title), or to local redevelopment authorities (as defined under State law). Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project. (d) Reallocation of funds (1) The Secretary shall, not less than once dur- ing each fiscal year, reallocate any assistance provided under this part that is unused or re- turned or that becomes available under sub- section (b). (2) If a city or county eligible for a grant under subsection (a) fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its com- prehensive plan. Any amounts that cannot be al- located to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as de- termined by the Secretary. (3) If a State fails to obtain approval of its comprehensive plan during the 90-day period fol- lowing the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the State would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary. (e) Allocations to territories In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after July 22, 1987) allocate assist- ance under this part to the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Is- lands, and any other territory or possession of the United States, in accordance with an alloca- tion formula established by the Secretary. (Pub. L. 100–77, title IV, § 414, formerly § 413, July 22, 1987, 101 Stat. 496; Pub. L. 100–628, title IV, § 421, Nov. 7, 1988, 102 Stat. 3231; Pub. L. 101–625, title VIII, § 832(f)(3)–(5), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(3), Oct. 26, 1996, 110 Stat. 4044; renumbered § 414 and amend- ed Pub. L. 111–22, div. B, title II, § 1201(3), (5), May 20, 2009, 123 Stat. 1678, 1679; Pub. L. 114–94, div. G, title LXXIX, § 79002, Dec. 4, 2015, 129 Stat. 1792; Pub. L. 114–201, title IV, § 402, July 29, 2016, 130 Stat. 808.) Editorial Notes PRIOR PROVISIONS A prior section 414 of Pub. L. 100–77 was classified to section 11374 of this title prior to renumbering as sec- tion 415 and repeal by Pub. L. 111–22. AMENDMENTS 2016—Subsec. (c). Pub. L. 114–201, inserted ‘‘, public housing agencies, and local redevelopment authorities’’ after ‘‘organizations’’ in heading and inserted ‘‘, to public housing agencies (as defined under section 1437a(b)(6) of this title), or to local redevelopment au- thorities (as defined under State law)’’ before period at end of first sentence. 2015—Subsec. (d)(1). Pub. L. 114–94 substituted ‘‘once’’ for ‘‘twice’’. 2009—Subsec. (b). Pub. L. 111–22, § 1201(5), substituted ‘‘amounts appropriated under section 11364 of this title and made available to carry out this part for any’’ for ‘‘amounts appropriated to carry out this part for any’’. 1996—Subsec. (a). Pub. L. 104–330, § 506(a)(3)(A), struck out ‘‘, and to Indian tribes,’’ after ‘‘in the States)’’ and ‘‘, or for Indian tribes’’ after ‘‘or urban county’’ in two places. Subsec. (c). Pub. L. 104–330, § 506(a)(3)(B), struck out ‘‘or Indian tribe’’ after ‘‘Any local government’’. Subsec. (d)(3). Pub. L. 104–330, § 506(a)(3)(C)(ii), struck out ‘‘, or other Indian tribes,’’ after ‘‘cities and coun- ties’’. Page 8157 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11374 1 So in original. Probably should be ‘‘the fiscal year’’. Pub. L. 104–330, § 506(a)(3)(C)(i), which directed amend- ment of par. (3) by striking ‘‘, or Indian tribe’’ each place it appeared, was executed by striking ‘‘or Indian tribe’’ after ‘‘State’’ in two places to reflect the prob- able intent of Congress. 1990—Subsec. (a). Pub. L. 101–625, § 832(f)(3), inserted ‘‘, and to Indian tribes,’’ after ‘‘States)’’ and ‘‘, or for Indian tribes’’ after ‘‘urban county’’ in two places. Subsec. (c). Pub. L. 101–625, § 832(f)(4), inserted ‘‘or In- dian tribe’’ after ‘‘local government’’. Subsec. (d)(3). Pub. L. 101–625, § 832(f)(5), inserted ‘‘or Indian tribe’’ after ‘‘State’’ in two places and ‘‘, or other Indian tribes, as applicable,’’ after ‘‘counties’’. 1988—Subsec. (a). Pub. L. 100–628, § 421(a), inserted ‘‘and private nonprofit organizations’’ after ‘‘local gov- ernments’’. Subsec. (c). Pub. L. 100–628, § 421(b), inserted at end ‘‘Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to home- less individuals, if the local government for the local- ity in which the project is located certifies that it ap- proves of the project.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–22 effective on the earlier of 18 months after May 20, 2009, or 3 months after publi- cation of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as a note under section 11302 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians. Amendment by Pub. L. 104–330 applicable with re- spect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 506(c) of Pub. L. 104–330, set out as a note under section 11371 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 11374. Eligible activities (a) In general Assistance provided under section 11372 of this title may be used for the following activities: (1) The renovation, major rehabilitation, or conversion of buildings to be used as emer- gency shelters. (2) The provision of essential services related to emergency shelter or street outreach, in- cluding services concerned with employment, health, education, family support services for homeless youth, substance abuse services, vic- tim services, or mental health services, if— (A) such essential services have not been provided by the local government during any part of the immediately preceding 12-month period or the Secretary determines that the local government is in a severe financial def- icit; or (B) the use of assistance under this part would complement the provision of those es- sential services. (3) Maintenance, operation, insurance, provi- sion of utilities, and provision of furnishings related to emergency shelter. (4) Provision of rental assistance to provide short-term or medium-term housing to home- less individuals or families or individuals or families at risk of homelessness. Such rental assistance may include tenant-based or project-based rental assistance. (5) Housing relocation or stabilization serv- ices for homeless individuals or families or in- dividuals or families at risk of homelessness, including housing search, mediation or out- reach to property owners, legal services, credit repair, providing security or utility deposits, utility payments, rental assistance for a final month at a location, assistance with moving costs, or other activities that are effective at— (A) stabilizing individuals and families in their current housing; or (B) quickly moving such individuals and families to other permanent housing. (b) Maximum allocation for emergency shelter activities A grantee of assistance provided under section 11372 of this title for any fiscal year may not use an amount of such assistance for activities de- scribed in paragraphs (1) through (3) of sub- section (a) that exceeds the greater of— (1) 60 percent of the aggregate amount of such assistance provided for the grantee for such fiscal year; or (2) the amount expended by such grantee for such activities during fiscal year 1 most re- cently completed before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009. (Pub. L. 100–77, title IV, § 415, as added Pub. L. 111–22, div. B, title II, § 1202, May 20, 2009, 123 Stat. 1679.) Editorial Notes REFERENCES IN TEXT The effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (b)(2), is the effective date under section 1503 of div. B of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title. PRIOR PROVISIONS A prior section 11374, Pub. L. 100–77, title IV, § 415, for- merly § 414, July 22, 1987, 101 Stat. 497; Pub. L. 100–628, title IV, §§ 422, 423(a), Nov. 7, 1988, 102 Stat. 3231; Pub. L. 101–625, title VIII, § 832(c), (d), (f)(6), Nov. 28, 1990, 104 Stat. 4360, 4361; Pub. L. 102–550, title XIV, § 1402(e), Oct. 28, 1992, 106 Stat. 4013; Pub. L. 104–330, title V, § 506(a)(4), Oct. 26, 1996, 110 Stat. 4044; Pub. L. 106–377, § 1(a)(1) [title II, § 229(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–31; renum- bered § 415, Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678, which related to assistance used for activities relating to emergency shelter for home- less individuals, was repealed by Pub. L. 111–22, div. B, title II, § 1202, May 20, 2009, 123 Stat. 1679. Another prior section 415 of Pub. L. 100–77 was renum- bered section 416 and is classified to section 11375 of this title.