
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11373]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                Part B--Emergency Shelter Grants Program
 
Sec. 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 governments 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 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 governments, 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 
allocated in excess of $1,000,000 in community development block grant 
funds in fiscal year 1987, shall receive directly the amount allocated 
to such city under subsection (a) of this section.

(c) Distributions to nonprofit organizations

    Any local government receiving assistance under this part may 
distribute all or a portion of such assistance to private nonprofit 
organizations providing assistance to homeless individuals. 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 twice during each fiscal 
year, reallocate any assistance provided under this part that is unused 
or returned or that becomes available under subsection (b) of this 
section.
    (2) If a city or county eligible for a grant under subsection (a) of 
this section 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 comprehensive plan. Any amounts that cannot be allocated 
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 determined by the Secretary.
    (3) If a State 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 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 
assistance under this part to 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, in 
accordance with an allocation formula established by the Secretary.

(Pub. L. 100-77, title IV, Sec. 413, July 22, 1987, 101 Stat. 496; Pub. 
L. 100-628, title IV, Sec. 421, Nov. 7, 1988, 102 Stat. 3231; Pub. L. 
101-625, title VIII, Sec. 832(f)(3)-(5), Nov. 28, 1990, 104 Stat. 4361; 
Pub. L. 104-330, title V, Sec. 506(a)(3), Oct. 26, 1996, 110 Stat. 
4044.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-330, Sec. 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, Sec. 506(a)(3)(B), struck out ``or 
Indian tribe'' after ``Any local government''.
    Subsec. (d)(3). Pub. L. 104-330, Sec. 506(a)(3)(C)(ii), struck out 
``, or other Indian tribes,'' after ``cities and counties''.
    Pub. L. 104-330, Sec. 506(a)(3)(C)(i), which directed amendment 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 probable intent of Congress.
    1990--Subsec. (a). Pub. L. 101-625, Sec. 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, Sec. 832(f)(4), inserted ``or Indian 
tribe'' after ``local government''.
    Subsec. (d)(3). Pub. L. 101-625, Sec. 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, Sec. 421(a), inserted ``and 
private nonprofit organizations'' after ``local governments''.
    Subsec. (c). Pub. L. 100-628, Sec. 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 homeless individuals, if the local government for the 
locality in which the project is located certifies that it approves of 
the project.''


                    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 respect 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.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.
